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Home My WebLink AboutA7042 - CA DEPT OF FISH & WILDLIFE - INLAND DESERTS REGION - BRIDGE REPLACEMENT AT TAHQUITZ CREEK CHANNEL TRIBUTARY -WHITEWATER RIVER CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE INLAND DESERTS REGION 78078 COUNTRY CLUB DRIVE, SUITE 109 BERMUDA DUNES, CA 92003 STREAMBED ALTERATION AGREEMENT NOTIFICATION NO. 1600-2017-0004-R6 REVISION 2 TAHQUITZ CREEK CHANNEL/WHITEWATER RIVER CITY OF PALM SPRINGS SOUTH PALM CANYON DRIVE BRIDGE REPLACEMENT This Streambed Alteration Agreement (Agreement) is entered into between the California Department of Fish and Wildlife (CDFW) and the City of Palm Springs (Permittee) as represented by Thomas Garcia. RECITALS WHEREAS, pursuant to Fish and Game Code section 1602, Permittee notified CDFW on January 3, 2017, that Permittee intends to complete the project described herein. WHEREAS, pursuant to Fish and Game Code section 1603, CDFW has determined that the project could substantially adversely affect existing fish or wildlife resources and has included measures in the Agreement necessary to protect those resources. WHEREAS, Permittee has reviewed the Agreement and accepts its terms and conditions, including the measures to protect fish and wildlife resources. NOW THEREFORE, Permittee agrees to complete the project in accordance with the Agreement. PROJECT LOCATION The project is located at Tahquitz Creek Channel tributary to the Whitewater River, on South Palm Canyon Drive between Sunny Dunes Road and Mesquite Avenue within the City of Palm Springs, in the County of Riverside, State of California; Latitude 33.811350 N, Longitude 116.544520 W. Section 23, Township 4 South, Range 4 East, U.S. Geological Survey (USGS) map Palm Springs, Calif., San Bernardino Meridian. Assessors Parcel Numbers (APNs) 508-161-002, 508-171-005, 508-171-006, 508-171- 007, 508-171-011, 508-171-012, 508-171-013, 508-172-007, 508-172-008, 508-172-009, 508-172-010, and 508-172-012. PROJECT DESCRIPTION The project is limited to the replacement of the existing structurally deficient bridge (Bridge Number 56C0408) with a new bridge that will be sufficiently wide to support a median, Ver. 1,9;2017 Notification#1600-2017-0004-R6 Revision 2 Streambed Alteration Agreement Page 2 of 18 two standard 12-foot wide lanes in each direction, a shoulder that can accommodate a Class II bike lane and an ADA compliant sidewalk on both sides. Proposed roadway improvements include providing horizontal transitions from the proposed new bridge section and the existing South Palm Canyon Drive street sections. The new bridge will also provide sufficient clearance to accommodate a multi-purpose underpass for the proposed CV-Link trail along Tahquitz Creek Channel. PROJECT IMPACTS Existing fish or wildlife resources the project could substantially adversely affect include: cliff swallows (Petrochelidon pyrrhonota), migrant bird species, bat species (Order Chiroptera), and all other fish and wildlife resources in the project vicinity. The adverse effects the project could have on the fish or wildlife resources identified above include: temporary loss of nesting habitat for cliff swallows utilizing the bridge as nesting habitat, temporary and permanent loss of roosting habitat for bats, and permanent loss of foraging and/or nesting habitat for migrant bird species. In addition, the project will have the following impacts on streambed: Temporary impacts to 0.94 acres of vegetated and unvegetated streambed (Figure 2). MEASURES TO PROTECT FISH AND WILDLIFE RESOURCES 1. Administrative Measures Permittee shall meet each administrative requirement described below. 1.1 Documentation at Project Site. Permittee shall make the Agreement, any extensions and amendments to the Agreement, and all related notification materials and California Environmental Quality Act (CEQA) documents, readily available at the project site at all times and shall be presented to CDFW personnel, or personnel from another state, federal, or local agency upon request. 1.2 Providing Agreement to Persons at Project Site. Permittee shall provide copies of the Agreement and any extensions and amendments to the Agreement to all persons who will be working on the project at the project site on behalf of Permittee, including but not limited to contractors, subcontractors, inspectors, and monitors. 1.3 Notification of Conflicting Provisions. Permittee shall notify CDFW if Permittee determines or learns that a provision in the Agreement might conflict with a provision imposed on the project by another local, state, or federal agency. In that event, CDFW shall contact Permittee to resolve any conflict. 1.4 Project Site Entry. Permittee agrees that CDFW personnel may enter the project site at any time to verify compliance with the Agreement. Notification#1600-2017-0004-R6 Revision 2 Streambed Alteration Agreement Page 3 of 18 1.5 Project Take of Nestinq Birds. Sections 3503, 3503.5, and 3513 of the California Fish and G. Code prohibit the take of all birds and their active nests, including raptors and other migratory non-game birds (as listed underthe United States Migratory Bird Treaty Act). 2. Avoidance and Minimization Measures To avoid or minimize adverse impacts to fish and wildlife resources identified above, Permittee shall implement each measure listed below. 2.1 Biological Monitor. A CDFW-approved biologist(Biological Monitor) shall perform any surveys required by this Agreement and conduct the Education Program specified in Measure 2.11. Permittee shall obtain CDFW approval of the biological monitors) 30 days prior to initiation of any project activities in jurisdictional areas. The Biological Monitor shall delineate the limits of grading and the jurisdictional areas, perform necessary surveys, and take photographs during the construction process, as required by this Agreement. The Biological Monitor is required to halt construction activities if threatened or endangered species are at risk from project activities and notify the appropriate agencies immediately. The Biological Monitor shall have proven knowledge of the general area and experience with sensitive species present in the project area. 2.2 Nestinq Birds (General). The following measures will be implemented to avoid and minimize impacts to nesting birds. If the nesting season cannot be avoided and construction occurs between March 1 st to September 15th (January 1 st to July 31 st for Raptors), the Permittee will do the following to avoid and minimize impacts to nesting birds: 2.2.1 No less than 30 days prior to initiating project activities, including site preparation and staging, Permittee shall submit to CDFW for review and approval a Nesting Bird Plan (NBP) that includes project specific avoidance and minimization measures to ensure that impacts to nesting birds do not occur and that the project complies with all applicable laws related to nesting birds and birds of prey. The NBP shall include, at a minimum: monitoring protocols; survey timing and duration; copies of survey and nest monitoring datasheets, and procedures for submittal to CDFW; and project-specific avoidance and minimization measures including, but not limited to: project phasing and timing, monitoring of project-related noise, sound walls, and buffers,where appropriate. The Permittee shall submit the NBP to the CDFW Region 6, 78078 Country Club Drive, Suite 109, Bermuda Dunes, CA 92203. ATTN: Streambed Team. Please reference SAA# 1600-2017-0004-R6. 2.2.2 Bird surveys will be performed as described below. A CDFW-approved biologist(s) (biological monitors) shall survey the entirety of the project site, and within a recommended 500-foot buffer (where feasible) surrounding the Notification#1600-2017-0004-R6 Revision 2 5treambed Alteration Agreement Page 4 of 18 project site for nesting birds, prior to commencing project activities (including construction and/or site preparation). Surveys shall be conducted by the approved biologist(s) at the appropriate time(s) of day, no more than three days prior to commencement of project activities. Documentation of surveys and findings shall be submitted to CDFW for review prior to conducting project activities. If an active bird nest is located, the approved biologist(s) shall implement and monitor specific avoidance and minimization measures as specified in the CDFW-approved NBP (refer to Measure 2.2.1). Migratory non-game native bird species are protected by international treaty under the federal Migratory Bird Treaty Act(MBTA) of 1918, as amended (16 U.S.C. 703 et seq.). In addition, Sections 3503, 3503.5, and 3513 of the FGC afford the following protective measures: Section 3503 states that it is unlawful to take, possess, or needlessly destroy the nest or eggs of any bird, except as otherwise provided by FGC or any regulation made pursuant thereto; Section 3503.5 states that is it unlawful to take, possess, or destroy any birds in the orders Falconiformes or Strigiformes (birds-of-prey) or to take, possess, or destroy the nest or eggs of any such bird except as otherwise provided by FGC or any regulation adopted pursuant thereto; and Section 3513 states that it is unlawful to take or possess any migratory nongame bird as designated in the Migratory Bird Treaty Act or any part of such migratory nongame bird except as provided by rules and regulations adopted by the Secretary of the Interior under provisions of the Migratory Treaty Act. 2.3 Bridge-dwelling Wildlife Protection (Birds). If project construction cannot be avoided during the period of March 1 through September 15, Permittee shall have a CDFW- approved biologist(s) survey the bridge structure within the project site for bridge- nesting birds, prior to commencing project activities (including construction and/or site preparation). If Measure 2.4 (see below) is implemented, this Measure (Measure 2.3) need not be implemented. Measure 2.2 will still apply to any nesting birds that do not use the bridge structure as nesting substrate. Permittee shall obtain CDFW approval of the biologist(s) 30 days prior to performing bridge- nesting bird surveys. Surveys shall be conducted at the appropriate time of day, no more than three days prior to construction and/or disturbance for any work that occurs between March 1 and September 15th. If construction/project activities are halted for a period of time greater than 5 days between March 1 and September 15, a new survey will be required. Documentation of surveys and findings shall be received by CDFW prior to conducting project activities during the period of time between March 1st and September 15th. The Permittee shall submit the survey results to the CDFW Region 6, 78078 Country Club Drive, Suite 109, Bermuda Dunes, CA 92203. ATTN: Streambed Team, as described in the Nesting Bird Plan (NBP) specified in Measure 2.2.1. Please reference SAA # 1600-2017-0004-R6. If no nesting birds are observed at the bridge, project activities may begin according Notification#1600-2017-0004-R6 Revision 2 Streambed Alteration Agreement Page 5 of 18 to the procedures outlined in the NBP (see Measure 2.2.1). The NBP shall include provisions for bridge-nesting birds. 2.4 Bird Exclusion Netting. Bird exclusion netting may be used as described below in order to prevent impacts from project activities on bridge-nesting birds. If Measure 2.3 (see above) is implemented, this Measure (Measure 2.4) need not be implemented. Measure 2.2 will still apply to any nesting birds that do not use the bridge structure as nesting substrate. Bird exclusion netting will be installed on the underside of the bridge prior to the bird nesting season (March 1st-September 15th) to prevent swallow (Family Hirundinidae) nesting under the bridge. Netting will be maintained in portions of the bridge not under demolition and/or construction for the duration of the nesting season. Netting will be checked on a weekly basis to maintain netting integrity. If any wildlife is discovered entangled in and/or trapped within exclusion netting, CDFW will be notified within 24 hours. If any nest is discovered within the exclusion netting, CDFW will be notified within 24 hours and the exclusion netting will be checked for integrity. This Measure may only be used with CDFW written approval, if bats are discovered to be utilizing the bridge structure. 2.5 Bat Management Plan. No later than 30 days prior to commencing project activities, Permittee shall submit to CDFW for review and approval a Bat Management Plan that includes project specific avoidance, and minimization measures to ensure impacts to bats do not occur. If potential impacts to bats are identified, Permittee shall, based on knowledge of the species occupying the project site, propose appropriate mitigation measures (these measures shall be included in the Bat Management Plan). CDFW recommends that a CDFW-approved biologist complete an appropriate combination of structure inspection, sampling, exit counts, and acoustic surveys, to survey each structure and the surrounding area that may be impacted by the project for bats. Permittee shall obtain CDFW approval of the biologist(s) 30 days prior to performing bat assessments/surveys. If the aforementioned investigation does not identify impacts to bats resulting from project activities, a summary report will be prepared and submitted to CDFW 30 days prior to commencing project activities. This summary report will, with CDFW concurrence, be accepted as the Bat Management Plan. The Permittee shall submit the survey results to the CDFW Region 6, 78078 Country Club Drive, Suite 109, Bermuda Dunes, CA 92203. ATTN: Streambed Team, at least 30 days prior to commencing project activities pursuant to the Agreement. Please reference SAA# 1600-2017-0004-R6. If bats are found using the bridge within the project area, the biologist shall identify the bats to the species level, and evaluate the colony to determine its size and significance. The bat survey shall include: 1) the exact location of all roosting sites (location shall be adequately described and drawn on a map), 2) the number of bats present at the time of visit (count or estimate), 3) each species of bat present shall be named (include how the species was identified), 4) the location, amount, distribution and age of all bat guano shall be described and pinpointed on a map, and 5) the type of roost: night roost (rest at night while out feeding) versus a day roost (rest during the day) must also be clearly stated. Notification#1600-2017-0004-R6 Revision 2 Streambed Alteration Agreement Page 6 of 18 If any structures house an active maternity colony of bats, construction activities shall not occur during the recognized bat breeding season (March 1 to October 1). This agreement does not authorize the take of adult or juvenile bats. 2.6 Bridge-dwelling Wildlife Protection (Bats). Permittee shall comply with the following bridge-dwelling wildlife protection measures if potential impacts to bats are identified. These measures will be incorporated into the Bat Management Plan. All contractors, subcontractors, and employees shall also comply with these measures and it shall be the responsibility of Permittee to ensure compliance. 2.6.1 A CDFW-approved bat biologist shall design and direct implementation of exclusionary devices designed to prevent bats from utilizing the bridge before construction activities begin. Exclusion devises must be approved by CDFW. Exclusionary devices shall be installed in accordance with the Bat Management Plan. Passage underneath each bridge (through the channel) shall not be impeded. Exclusionary materials shall not pose an entanglement risk to wildlife, and shall be regularly maintained. If bats are found using any bridge, roost entrances shall be fitted with one-way doors that allow bats to exit but prevent entrance for a period of several days to encourage bats to relocate. 2.6.2 Bridge widening designs shall, to the greatest extent feasible, contain and be constructed with similar structural features to encourage continued roosting by bats. Replacement roosts should have comparable thermal stability and durability, the same or similar search image, and the same cryptic roosting conditions as the roosts they replace. 2.6.3 If, alternate bat roosting structures (i.e., light-weight concrete panels) are installed on bridges/sections of bridges (as determined by the CDFW- approved biologist, with concurrence from CDFW) they will be installed in sections not anticipated to be impacted by construction within the vicinity of the project area. Construction and installation of roosting structures shall be supervised by a CDFW-approved biologist. The roosting structures shall remain in place during construction and/or as specified in the Bat Management Plan. Bat houses may be used instead of other roosting structures with the concurrence from CDFW and as specified in the Bat Management Plan. A report on the construction, placement, and timing of installation of the roosting structures shall be submitted to CDFW for review and concurrence (this information may be incorporated into the Bat Management Plan). Please reference SAA# 1600-2017-0004-R6. 2.6.4 No gasoline or diesel engines shall be stored or operated under any bridge, unless the bridge has been cleared of all bats. 2.6.5 All night work (dusk until dawn) in the vicinity of the structure (i.e., roadway widening, resurfacing, lighting, land-closure setup, etc.) shall have Notification#1600-2017-0004-R6 Revision 2 Streambed Alteration Agreement Page 7 of 18 concurrence from CDFW prior to any work or scheduling of any work between March 1 and September 1. 2.7 Water Diversion Plan. A Water Diversion Plan (WDP) will be developed by the Permittee to divert water around the project site for the duration of the project. The WDP will be submitted to CDFW for concurrence at least 30 days prior to commencing project activities. If pumping is included in the WDP, fish-friendly pumping technology (e.g. centrifugal screw pumps) will be used minimize impacts to fish, other aquatic organisms, and eggs/young of the aforementioned organisms. The Permittee shall submit the WDP to the CDFW Region 6, 78078 Country Club Drive, Suite 109, Bermuda Dunes, CA 92203. ATTN: Streambed Team. Please reference SAA# 1600-2017-0004-R6. 2.8 Pollution and Litter. The Permittee shall comply with all litter and pollution laws. All contractors, subcontractors, and employees shall also obey these laws and it shall be the responsibility of the Permittee to ensure compliance. 2.8.1 The Permittee shall not allow water containing mud, silt, or other pollutants from grading, aggregate washing, or other activities to enter a lake, streambed, or flowing stream or be placed in locations that may be subjected to high storm flows. 2.8.2 Spoil sites shall not be located within a lake, streambed, or flowing stream or locations that may be subjected to high storm flows, where spoil shall be washed back into a lake, streambed, or flowing stream where it will impact streambed habitat and aquatic or riparian vegetation. 2.8.3 Raw cement/concrete or washings thereof, asphalt, paint, or other coating material, oil or other petroleum products, or any other substances which could be hazardous to fish and wildlife resources resulting from project related activities shall be prevented from contaminating the soil and/or entering the waters of the State. These materials, placed within or where they may enter a lake, streambed, or flowing stream by the Permittee or any party working under contract or with the permission of the Permittee, shall be removed immediately. 2.8.4 No broken concrete, cement, debris, soil, silt, sand, bark, slash, sawdust, rubbish, or washings thereof, oil or petroleum products, or other organic or earthen material from any construction or associated activity of whatever nature shall be allowed to enter into or be placed where it may be washed by rainfall or runoff into waters of the State. When operations are completed, any excess materials or debris shall be removed from the work area. No rubbish shall be deposited within 150 feet of the high water mark of any lake, streambed, or flowing stream. Notification#1600-2017-0004-R6 Revision 2 Streambed Alteration Agreement Page 8 of 18 2.8.5 No equipment maintenance shall be done within or near any lake, streambed, or flowing stream where petroleum products or other pollutants from the equipment may enter these areas under any flow. 2.9 Non-native plant species. CDFW recommends the use of native plants to the greatest extent feasible in the landscaped areas adjacent to and/or near mitigation/open space areas and within or adjacent to stream channels. Permittee shall not plant, seed, or otherwise introduce invasive non-native plant species to the landscaped areas adjacent to and/or near mitigation/open space areas and within or adjacent to stream channels (minimum 100 foot setback from open space areas and 150 foot setback from stream channels and wetland/riparian mitigation sites). Invasive non- native plant species not to be used include those species listed on the "California Invasive Plant Inventory, February 2006"and the"February 2007 Inventory Update", (which are updates to Lists A & B of the California Exotic Pest Plant Council's list of "Exotic Pest Plants of Greatest Ecological Concern in California as of October 1999"). This list includes: pepper trees, pampas grass, fountain grass, ice plant, myoporum, black locust, capeweed, tree of heaven, periwinkle, bush lupine, sweet alyssum, English ivy, French broom, Scotch broom, Spanish broom, and pepperweed. A copy of the complete list can be obtained by contacting the California Invasive Plant Council by phone at (510) 843-3902, at their website at www.cal-ipc.org, or by email at info@cal-ipc.org. 2.10 Best Management Practices. Permittee shall actively implement best management practices (BMPs) to prevent erosion and the discharge of sediment in to streams and lakes during project activities. BMPs shall be monitored daily and repaired if necessary to ensure maximum erosion and sediment control. All fiber rolls, straw waddles, and/or hay bales utilized within and adjacent to the project site shall be free of non-native plant materials. Fiber rolls or erosion control mesh shall be made of loose-weave mesh that is not fused at the intersections of the weave, such as jute, or coconut (coir) fiber, or other products without welded weaves. Non-welded weaves reduce entanglement risks to wildlife by allowing animals to push through the weave, which expands when spread. 2.11 Education Program. Permittee shall conduct an education program for all persons employed or otherwise working in the Project Area before performing any work. The program shall consist of a presentation from a CDFW-approved biologist that includes a discussion of the biology and general behavior of sensitive species in the area, information about the distribution and habitat needs of these species, sensitivity of these species to human activities, sensitive species status pursuant to CESA including legal protection, and Project-specific protective measures described in this Agreement. Permittee shall provide interpretation for non-English speaking workers, and the same instruction shall be provided to any new workers before they are authorized to perform work in the Project Area. Upon completion of the program, employees shall sign a form (signature sheet) stating they attended the program and understand all protection measures. A copy of the signature sheet for this training will be provided to CDFW. Notification#1600-2017-0004-R6 Revision 2 Streambed Alteration Agreement Page 9 of 18 3. Compensatory Measures To compensate for adverse impacts to fish and wildlife resources identified above that cannot be avoided or minimized, Permittee shall implement each measure listed below. 3.1 Invasive Species Control. Invasive, non-native plants will be removed and/or controlled within the project site, as needed, for a period of five years post-project completion. The project site is defined as the area temporarily impacted by the project as indicated in Figure 2. Invasive species control will be accomplished through the means described in the HMMP (see Measure 4.1). Success criteria will also be described in the HMMP. Invasive species control performed as part of the regular maintenance activities performed by the Coachella Valley Water District (CVWD) or the Riverside County Flood Control and Water Conservation District (RCFCWCD) will be adequate for the purposes of this Agreement but need to be described in the HMMP. 3.2 Invasive Plant Monitoring. Occurrence of invasive, non-native plants will be monitored within the project site for five years post-project completion as described in the HMMP. 4. Reporting Measures Permittee shall meet each reporting requirement described below. 4.1 Habitat Mitigation and Monitoring Plan. No later than 90 days after the signature to this Agreement and prior to the initiation of any project activities in state jurisdictional areas, the Permittee will submit to CDFW for approval a HMMP designed to meet the overall goals identified in section 3. At a minimum, the HMMP shall include the following information related to the project site: (a) a description of the existing physical conditions at the project site, (b) a plan for control of non-native invasive plant species and (c) success criteria for achieving invasive plant species control. 4.2 Photo Documentation. Two photo monitoring point will be established at the project site. The photo monitoring points will be established at a location that will provide an unobstructed view of the impacted streambed area. Photo documentation will be performed from each photo monitoring point prior to project initiation and after project completion. These photos will be included in the Project Completion Report (see Measure 4.3). Photo documentation will also be performed annually at the aforementioned photo points and included in the Annual Reports (see Measure 4.4). 4.3 Proiect Completion Report. No later than 90 days after project completion, the Permittee will submit to CDFW a report that summarizes all project activities including the implementation of all items specified in Section 2. This report will Notification#1600-2017-0004-R6 Revision 2 Streambed Alteration Agreement Page 10 of 18 include but not be limited to: photo documentation, all survey results, avoidance/minimization measures implemented and maps that display work areas, surveyed areas and locations of any species specified in Section 2 and/or any nest of species specified in Section 2. 4.4 Annual Reporting. An annual report will be submitted to CDFW for five years following signature of this Agreement reporting project status. After project initiation, the annual report will include photo documentation, documentation of invasive species control and monitoring activities and the degree of achievement of success criteria for each year of the Agreement. Reports will be due 60 days after the end of the calendar year. The next annual report for the 2017 calendar year is due no later than March 1, 2018. Additionally Annual Reports will be submitted as described in the HMMP for the duration of time covered by the HMMP (approximately five years post-completion of project activities). 4.5 Notification to the California Natural Diversity Data Base (CNDDB). If any sensitive species are observed on or in proximity to the project site, or during project surveys, the Permittee shall submit CNDDB forms and maps to the CNDDB within five working days of the sightings, and provide the regional CDFW office with copies of the CNDDB forms and survey maps. The CNDDB form is available online at www.dfg.ca.gov/whdab/pdfs/natspec.pdf. This information shall be mailed within five days to: California Department of Fish and Wildlife Natural Diversity Data Base, 1807 13th Street, Suite 202, Sacramento, CA 95814. Phone (916) 324- 3812. A copy of this information will be mailed within five days to the CDFW Region 6, 78078 Country Club Drive, Suite 109, Bermuda Dunes, CA 92203. ATTN: Streambed Team. Please reference SAA# 1600-2017-0004-R6. 4.6 Notification of Start of Construction. The Permittee shall notify CDFW, in writing, at least five days prior to initiation of project activities in state jurisdictional areas and at least five days prior to completion of project activities in jurisdictional areas. Notification shall be mailed to the CDFW Region 6, 78078 Country Club Drive, Suite 109, Bermuda Dunes, CA 92203. ATTN: Streambed Team. Please reference SAA# 1600-2017-0004-R6. CONTACT INFORMATION Any communication that Permittee or CDFW submits to the other shall be in writing and any communication or documentation shall be delivered to the address below by U.S. mail, fax, or email, or to such other address as Permittee or CDFW specifies by written notice to the other. To Permittee: Thomas Garcia City of Palm Springs 3200 E. Tahquitz Canyon Way Notification#1600-2017-0004-R6 Revision 2 Streambed Alteration Agreement Page 11 of 18 Palm Springs, CA 92262 760-322-8360 Thomas.Garcia@palmsprings-ca.gov To CDFW: Department of Fish and Wildlife Inland Deserts Region 78078 Country Club Drive, Suite 109 Attn: Lake and Streambed Alteration Program — Charles Land Notification #1600-2017-0004-R6 (760) 200-9358 Charles.Land@wildlife.ca.gov LIABILITY Permittee shall be solely liable for any violations of the Agreement, whether committed by Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents or contractors and subcontractors, to complete the project or any activity related to it that the Agreement authorizes. This Agreement does not constitute CDFW's endorsement of, or require Permittee to proceed with the project. The decision to proceed with the project is Permittee's alone. SUSPENSION AND REVOCATION CDFW may suspend or revoke in its entirety the Agreement if it determines that Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents, or contractors and subcontractors, is not in compliance with the Agreement. Before CDFW suspends or revokes the Agreement, it shall provide Permittee written notice by certified or registered mail that it intends to suspend or revoke. The notice shall state the reason(s) for the proposed suspension or revocation, provide Permittee an opportunity to correct any deficiency before CDFW suspends or revokes the Agreement, and include instructions to Permittee, if necessary, including but not limited to a directive to immediately cease the specific activity or activities that caused CDFW to issue the notice. ENFORCEMENT Nothing in the Agreement precludes CDFW from pursuing an enforcement action against Permittee instead of, or in addition to, suspending or revoking the Agreement. Notification#1600-2017-0004-R6 Revision 2 Streambed Alteration Agreement Page 12 of 18 Nothing in the Agreement limits or otherwise affects CDFW's enforcement authority or that of its enforcement personnel. OTHER LEGAL OBLIGATIONS This Agreement does not relieve Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents, or contractors and subcontractors, from complying with, or obtaining any other permits or authorizations that might be required under, other federal, state, or local laws or regulations before beginning the project or an activity related to it. For example, if the project causes take of a species listed as threatened or endangered under the Endangered Species Act (ESA), such take will be unlawful under the ESA absent a permit or other form of authorization from the U.S. Fish and Wildlife Service or National Marine Fisheries Service. This Agreement does not relieve Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents, or contractors and subcontractors, from complying with other applicable statutes in the Fish and Game Code including, but not limited to, Fish and Game Code sections 2050 et seq. (threatened and endangered species), section 3503 (bird nests and eggs), section 3503.5 (birds of prey), section 5650 (water pollution), section 5652 (refuse disposal into water), section 5901 (fish passage), section 5937 (sufficient water for fish), and section 5948 (obstruction of stream). Nothing in the Agreement authorizes Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents, or contractors and subcontractors, to trespass. AMENDMENT CDFW may amend the Agreement at any time during its term if CDFW determines the amendment is necessary to protect an existing fish or wildlife resource. Permittee may amend the Agreement at any time during its term, provided the amendment is mutually agreed to in writing by CDFW and Permittee. To request an amendment, Permittee shall submit to CDFW a completed CDFW "Request to Amend Lake or Streambed Alteration" form and include with the completed form payment of the corresponding amendment fee identified in CDFW's current fee schedule (see Cal. Code Regs., tit. 14, § 699.5). TRANSFER AND ASSIGNMENT This Agreement may not be transferred or assigned to another entity, and any purported transfer or assignment of the Agreement to another entity shall not be valid or effective, unless the transfer or assignment is requested by Permittee in writing, as specified below, and thereafter CDFW approves the transfer or assignment in writing. Notification#1600-2017-0004-R6 Revision 2 Streambed Alteration Agreement Page 13 of 18 The transfer or assignment of the Agreement to another entity shall constitute a minor amendment, and therefore to request a transfer or assignment, Permittee shall submit to CDFW a completed CDFW "Request to Amend Lake or Streambed Alteration" form and include with the completed form payment of the minor amendment fee identified in CDFW's current fee schedule (see Cal. Code Regs., tit. 14, § 699.5). EXTENSIONS In accordance with Fish and Game Code section 1605, subdivision (b), Permittee may request one extension of the Agreement, provided the request is made prior to the expiration of the Agreement's term. To request an extension, Permittee shall submit to CDFW a completed CDFW "Request to Extend Lake or Streambed Alteration" form and include with the completed form payment of the extension fee identified in CDFW's current fee schedule (see Cal. Code Regs., tit. 14, § 699.5). CDFW shall process the extension request in accordance with Fish and Game Code section 1605, subdivisions (b) through (e). If Permittee fails to submit a request to extend the Agreement prior to its expiration, Permittee must submit a new notification and notification fee before beginning or continuing the project the Agreement covers (Fish & G. Code § 1605, subd. (f)). EFFECTIVE DATE The Agreement becomes effective on the date of CDFW's signature, which shall be: 1) after Permittee's signature; 2) after CDFW complies with all applicable requirements under the California Environmental Quality Act (CEQA); and 3) after payment of the applicable Fish and Game Code section 711.4 filing fee listed at hftps://www.wildlife.ca.gov/Conservation/CEQA/Fees. TERM This Agreement shall expire on December 31, 2022, unless it is terminated or extended before then. All provisions in the Agreement shall remain in force throughout its term. Permittee shall remain responsible for implementing any provisions specified herein to protect fish and wildlife resources after the Agreement expires or is terminated, as Fish and Game Code section 1605, subdivision (a)(2) requires. Notification#1600-2017-0004-R6 Revision 2 Streambed Alteration Agreement Page 14 of 18 EXHIBITS The documents listed below are included as exhibits to the Agreement and incorporated herein by reference. Exhibit A. Three Maps/Diagrams Figure 1. South Palm Canyon Drive Bridge Replacement Regional and Vicinity Map. Figure 2. South Palm Canyon Drive Bridge Replacement Jurisdictional Delineation Map. Figure 3. South Palm Canyon Drive Bridge Replacement Proposed Water Diversion Plan. • _ • •11 1 111� '• '- REGIONAL MAP 3. 6i.o try ft _wsi�r }��1�1 i=A 1 S allot i Notification#1600-2017-0004-R6 Revision 2 Streambed Alteration Agreement Page 16 of 18 r�� , '�� •fir .-. L r Slurry Arc: Og t .s' •T. .l��'II�t r , • S ' �N� • •. II l ♦ _ 1 IF f�. 'rr _• Legend � I Temporary Impact r � Waters of the US/State&CDFW Streambed YS-FSM."�araaiive alm m•M lma'r Jurisdictional Derneation Map F I G 11 R F South Palm Canyon Bridge Replacemnent • _ • •1/ 1 111• • loom a � I1 i• y Notification#1600-2017-0004-R6 Revision 2 Streambed Alteration Agreement Page 18 of 18 AUTHORITY If the person signing the Agreement (signatory) is doing so as a representative of Permittee, the signatory hereby acknowledges that he or she is doing so on Permittee's behalf and represents and warrants that he or she has the authority to legally bind Permittee to the provisions herein. AUTHORIZATION This Agreement authorizes only the project described herein. If Permittee begins or completes a project different from the project the Agreement authorizes, Permittee may be subject to civil or criminal prosecution for failing to notify CDFW in accordance with Fish and Game Code section 1602. CONCURRENCE The undersigned accepts and agrees to comply with all provisions contained herein. FOR CITYOF PALM SPRINGS Thomas Garcia Date City Engineer Attest: FOR DEPARTMENT OF FISH AND WILDLIFE Kathleen D. Hart, MMC Interim City Clerk ! C 1012 hot-7 David Elms Date Environmental Program Manager Prepared by: Charles Land Environmental Scientist