California Department of Fish and Game (Altamira Canyon Project) CALIFORNIA DEPARTMENT OF FISH AND GAME
330 Golden Shore, Suite 50
Long Beach, California 90802
Notification No. 5-263-99 August 4, 2000
Page 1 of 5
AGREEMENT REGARDING PROPOSED STREAM OR LAKE ALTERATION
THIS AGREEMENT, entered into between the State of California, Department of Fish and Game,
hereinafter called the Department, and Dean Allison of City of Rancho Palos Verdes, 30940
Hawthorne Blvd., Rancho Palos Verdes, 90275, State of California, Phone (310) 541-6500, hereinafter
called the Operator, is as follows:
WHEREAS, pursuant to Section 1601 of California Fish and Game Code, the Operator, on the 3'
day of September, 1999, notified the Department that they intend to divert or obstruct the natural flow
of, or change the bed, channel, or-.;bank of, or use material from the.streambed(s)_of, the following
water(s): Altamira Canyon Creek, tributary to the Pacific Ocean, Los Angeles County, California (1997
Los Angeles and Orange Counties Thomas Guide, Page 823 Bx4). Additional information was
submitted by the Operator on 26 May 2000 as required by the Department.
WHEREAS, the Department (represented by Leslie S. MacNair through a site visit on June 19, 1998
and subsequent information received May 26, 2000) has determined that such construction may
substantially adversely affect those existing fish and wildlife resources within Altamira Canyon Creek,
specifically identified as follows: Invertebrates: Palos Verdes blue butterfly, El Segundo blue butterfly,
and Palos Verdes ground beetle, Amphibians: slender salamander, western toad, Pacific chorus frog,
and Pacific tree frog; Reptiles: coast horned lizard, western fence lizard, side-blotched lizard, western
whiptail lizard, southern alligator lizard, Pacific rattlesnake,gopher snake, western garter snake,
coachwhip, racer, and common kingsnake; Birds: California gnatcatcher, San Diego cactus wren,
California and rufous-sided towhees, American crow, blue-gray gnatcatcher, western meadowlark,
black phoebe, western kingbird, black-shouldered kite, Cooper hawk, red-tailed hawk, American
kestrel, great horned owl, loggerhead shrike, phainopepla, , northern oriole, house finch, lesser
•oldfinch bushtit Bewick wren killdeer California •uail mournin• dove Allen's hummin•bird northern
flicker, scrub jy, northern mockingbird, orange-crowned warbler, finches, and sparrows (song, white-
crowned, and house); Mammals: desert cottontail, raccoon, opossum, skunk, coyote, California ground
squirrel, mice (Dulzura Pocket mouse, deer mouse, northwestern San Diego pocket mouse, San Diego
desert woodrat, and western harvest mouse), and pocket gopher; Vegetation which provides habitat for
those species: coastal sage scrub (lemonadeberry, California sagebrush, purple sage, California
buckwheat, coyote brush, black sage, and others), non-native woodland habitat (Brazilian pepper,
myoporumi and acacia), and Seacliff buckwheat: and all other fish and wildlife resources, including that
riparian vegetation which provides habitat for such species, in the area.
THEREFORE, the Department hereby proposes measures to protect fish and wildlife resources
during the Operator's work. The Operator hereby agrees to accept the following measures/conditions
as part of the proposed work.
If the Operator's work changes from that stated in the notification specified above, this Agreement is
no longer valid and a new notification shall be submitted to the Department of Fish and Game. Failure
to comply with the provisions of this Agreement and with other pertinent code sections, including but
not limited to Fish and Game Code Sections 5650, 5652, 5937, and 5948, may result in prosecution.
Nothing in this Agreement authorizes the Operator to trespass on any land or property, nor does it
relieve the Operator of responsibility for compliance with applicable federal, state, or local laws or
ordinances. A consummated Agreement does not constitute Department of Fish and Game
endorsement of the proposed operation, or assure the Department's concurrence with permits required
from other agencies.
Page 2 of 5 (August 4, 2000)
STREAMBED ALTERATION CONDITIONS FOR NOTIFICATION NUMBER: 5-263-99
This Agreement becomes effective the date of Department's signature and terminates August 1,
2002 for project construction only. This Agreement shall remain in effect for that time necessary to
satisfy the terms/conditions of this Agreement. Any provisions of the agreement may be amended at
any time provided such amendment is agreed to in writing by both parties. Mutually approved
amendments become part of the original agreement and are subject to all previously negotiated
provisions.
1. The following provisions constitute the limit of activities agreed to and resolved by this Agreement.
The signing of this Agreement does not imply that the Operator is precluded from doing other activities
at the site. However, activities not specifically agreed to and resolved by this Agreement shall be
subject to separate notification pursuant to Fish and Game Code Sections 1600 et seq.
2. The Operator proposes to alter the streambed to install channel lining, install a 0.80-acre debris
basin, install a corrugated metal pipe, and create an access road. The project will impact a total of
2,680 linear feet of stream channel with coastal sage scrub and non-native woodland habitat. Impacts
to the stream channel and associated habitat total 1.1 acre and are described below.
The installation of the channel lining will extend from Sweetbay Road south to Narcissa Drive for a
total of 2,080 linear feet. The channel will be cleared of existing vegetation and the channel bottom
would be graded to a width of 22 feet. The regraded channel bottom would be lined with impermeable
eco-flex lining and riprap would be installed to provide bank toe protection. The channel lining will
permanently impact approximately 0.79 acre (2080 linear feet by a width ranging from 15 to 40 feet) of
stream channel and associated habitat.
The debris basin will be installed within Altamira Canyon channel, 2,080 linear feet south of Sweetbay
road (downstream of the proposed channel lining. The debris basin will impact 0.14 acre of stream
channel and associated habitat permanently.
The 120-inch corrugated metal pipe will be installed from the 0.80-acre debris basin downstream 550
linear feet to an already existing 120-inch corrugated metal pipe which begins just north of Palos
Verdes Drive South. The 120-inch corrugated metal pipe will permanently impact 0.17 acre (500 linear
feet by 15 feet wide) of stream channel and associated habitat.
An access road for construction vehicles will be installed from Figtree Road east to the southern limit
of the debris basin. No coastal sage scrub will be impacted due to the construction of the road. No
additional impacts will occur to the streambed as a result of this portion of the proposed project.
A total of 2.47 acres of coastal sage scrub habitat and 0.16 acre of non-native vegetation will be
impacted as a result of the project.
3. The agreed work includes activities associated with No. 2 above. The project area is located in
Altamira Canyon Creek, tributary to Pacific Ocean in the City of Rancho Palos Verdes Los Angeles
County. The project begins at Sweetbay Road and extends south to approximately 0.10 mile north of
the Palos Verdes Drive South/Narcissa Drive intersection. Specific work areas and mitigation
measures are described on/in the plans and documents submitted by the Operator, including the report
titled "Additional information requested by August 12_, 1999 letter from U.S. Fish and Wildlife Service in
support of Section 7 consultation for The Altamira Canyon Drainage Control Project",prepared by
Glenn Lukos Associates for Rancho Palos Verdes Redevelopment Agency, dated February 2000 , and
shall be implemented as proposed unless directed differently by this agreement.
4. The Operator shall not impact more than 1.1 acres of stream channel and associated habitat. All
impacts are permanent.
Page 3 of 5 (August 4, 2000)
STREAMBED ALTERATION CONDITIONS FOR NOTIFICATION NUMBER: 5-263-99
5. The Operator shall mitigate for impacts to the stream channel and associated habitat with all of the
following:
(a) Revegetate the 1.05 acre area (2080 linear feet by 22 feet wide) within the ecoflex-lined portion
of the channel with native riparian tree and shrub species to be approved by the Department; and
(b) Create/Restore 7.41 acres of coastal sage scrub habitat within Altamira Canyon (3:1
replacement-to-impact ratio).
6. Prior to the initiation of any project activities, the Operator shall submit to the Department for
review and approval a mitigation plan designed to meet the identified objectives described in Condition
No. 5 of this Agreement. Creation/restoration shall include the removal of all nonnative plant species
and revegetation with only native species. The plan shall include creation/restoration site location(s),
detailed plant palette, planting plan, monitoring and maintenance procedures/timeline, irrigation,
success standards and contingency measures, description of plans to prevent the invasion of
undesirable weeds for a minimum of five years. Project activities may commence upon, but not before,
written Department approval of the Operator's mitigation plan. All mitigation shall be installed within 90
days of project completion and no later than .
DeeiatoOr 1) .20t) ---- 41'`4'1‘
7. The plant palette shall include native riparian trees to be planted along the edge of the stream
channel that will help provide cover for wildlife.
8. The Operator shall not remove vegetation within the stream from March 15 to September 15 to
avoid impacts to nesting birds.
9. No equipment shall be operated in ponded or flowing areas.
10. Disturbance or removal of vegetation shall not exceed the limits approved by the Department. The
disturbed portions of any stream channel shall be restored. Restoration shall include the revegetation
of stripped or exposed areas with vegetation native to the area.
11. The mitigation sites shall meet all the requirements below.
a.) All planting shall have a minimum of 80% survival the first year and 100% survival thereafter and
shall attain 60% cover after 3 years and 90% cover after 5 years. If the survival and cover
requirements have not been met, the Operator is responsible for replacement planting to achieve these
requirements. Replacement plants shall be monitored with the same survival and growth requirements
for 5 years after planting.
b.) The site shall not contain more than 5 percent exotic plant species for the Department to deem
the site successful. Exotic removal shall be conducted throughout the 5-year monitoring and
maintenance period.
c.) Irrigation of the mitigation site(s) shall only be used to,help the plants become established during
the first two years following planting. Watering/irrigation of the site(s) shall be discontinued at least two
years prior to completion of the monitoring period for the site(s) to be deemed successful by the
Department.
12. An annual report shall be submitted to the Department by May 1 of each year for 5 years after
planting. This report shall include the survival, percent cover, and height of shrub species. The number
by species of plants replaced, an overview of the revegetation effort, and the method used to assess
these parameters shall also be included. The report shall also include information regarding exotic
vegetation removal including the amount removed and treated, frequency and timing, disposal
specifics, and a summary of the general success and failures. The report shall also include wildlife
observed at the site during monitoring surveys. Photos from designated photo stations shall be
included
Page 4 of 5 (August 4, 2000)
STREAMBED ALTERATION CONDITIONS FOR NOTIFICATION NUMBER: 5-263-99
13. Installation of bridges, culverts, or other structures shall be such that water flow is not impaired.
Bottoms of temporary culverts shall be placed at stream channel grade; bottoms of permanent culverts
shall be placed at or below stream channel grade.
14. Preparation shall be made so that runoff from steep, erodible surfaces will be diverted into stable
areas with little erosion potential. Frequent water checks shall be placed on dirt roads, cat tracks, or
other work trails to control erosion.
15. Structures and associated materials not designed to withstand high seasonal flows shall be
removed to areas above the high water mark before such flows occur.
16. The perimeter of the work site shall be adequately flagged to prevent damage to adjacent riparian
habitat.
17. Staging/storage areas for equipment and materials shall be located outside of the stream.
18. Spoil sites shall not be located within a stream/lake, where spoil shall be washed back into a
stream/lake, or where it will cover aquatic or riparian vegetation.
19. 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 aquatic life, 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 stream/lake, by Operator or any
party working under contract, or with the permission of the Operator, shall be removed immediately.
20. No debris, soil, silt, sand, bark, slash, sawdust, rubbish, cement or concrete 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 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 stream or lake.
21. Water containing mud, silt or other pollutants from aggregate washing or other activities shall not
be allowed to enter a lake or flowing stream or placed in locations that may be subjected to high storm
flows.
22. No equipment maintenance shall be done within or near any stream channel where petroleum
products or other pollutants from the equipment may enter these areas under any flow.
23. Permanent structures shall be designed, constructed and maintained such that they do not
constitute a barrier to upstream or downstream movement of aquatic life, or cause an avoidance
reaction by fish that impedes their upstream or downstream movement. This includes but is not limited
to the supply of water at an appropriate depth, temperature, and velocity to facilitate upstream and
downstream fish migration. If any aspect of the proposed project results in a long term reduction in fish
movement,the Operator shall be responsible for all future activities and expenditures necessary (as
determined by the Department) to secure passage of fish across the structure.
24. The Operator 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 operator to ensure
compliance.
Page 5 of 5 (August 4, 2000)
STREAMBED ALTERATION CONDITIONS FOR NOTIFICATION NUMBER: 5-263-99
25. The Operator shall request an extension of this agreement prior to its termination. Extensions may
be granted for up to 12 months from the date of termination of the agreement and are subject to
Departmental approval. The extension request and fees shall be submitted to the Department's
Region 5 Office at the above address. If the Operator fails to request the extension prior to the
agreement's termination then the Operator shall submit a new notification with fees and required
information to the Department. Any activities conducted under an expired agreement is a violation of
Fish and Game Code Section 1600 et. seq. The Operator may request up to a maximum of 2
extensions of this agreement.
26. The Operator shall provide a copy of this Agreement to all contractors, subcontractors, and
the Operator's project supervisors. Copies of the Agreement shall be readily available at work
sites at all times during periods of active work and must be presented to any Department
personnel, or personnel from another agency upon demand.
27. The Department reserves the right to enter the project site at any time to ensure compliance with
terms/conditions of this Agreement.
28. The Operator shall notify the Department, in writing, at least five (5) days prior to initiation of
construction (project) activities and at least five (5) days prior to completion of construction
(project) activities. Notification shall be sent to the Department at 330 Golden Shore, Suite 50, Long
Beach, CA 90802, Attn: ES. SAA# 5-263-99.
29. The Department reserves the right to suspend or cancel this Agreement, after giving notice to the
Operator, if the Department determines that the Operator has breached any of the terms or conditions
of this Agreement, or for other reasons, including but not limited to the following:
a. The Department determines that the information provided by the Operator in support of the
Notification/Agreement is incomplete or inaccurate;
b. The Department obtains new information that was not known to it in preparing the terms and
conditions of the Agreement;
c. The project or project activities as described in the Notification/Agreement have changed;
d. The conditions affecting fish and wildlife resources change or the Department determines that
project activities will result in a substantial adverse effect on the environment.
CONCURRENCE
(Opera is name) California Dept. of Fish and Game
/0A0 0 iI / , A
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(signature) date) (signature/ (date)
C141 ftilitilifilee
Regional Manager
(title) (title)
Streambed Alteration Agreement Prepared By: Leslie S. MacNair, Environmental Specialist III