Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Purpose.
(1) This regulation constitutes a general
lake or streambed alteration agreement under Section
1617 of
the Fish and Game Code, referred to herein as the "General
Agreement."
(2) This General
Agreement applies only to the construction, Reconstruction, maintenance, or
repair of Stream Crossings, in the form of a bridge, culvert, or rock ford, and
Water Diversions on non-finfish rivers, streams, and lakes that are used or
will be used for the purpose of Cannabis Cultivation, each a "Covered
Activity."
(b)
Requirements. An Entity shall be authorized under this General Agreement to
conduct a Covered Activity only if all of the following occur:
(1) The Eligibility Criteria in subsection
(d) are met.
(2) The Entity
notifies the department and pays a fee or fees in accordance with subsection
(f).
(3) The Entity receives notice
from the department that the Covered Activity is authorized under this General
Agreement.
(4) The Entity complies
with all applicable measures and requirements in subsections
(h)-(k).
(c) Definitions.
The following definitions apply to this section:
(1) "Authorized Activity" means a Covered
Activity an Entity is authorized to conduct under this General Agreement after
notice by the department.
(2)
"Biological Resources Assessment" means a survey and biological resource report
of the Project Site by a Biologist. In preparing a Biological Resources
Assessment, the Biologist shall do the following:
(A) Identify the presence or potential
presence of any Species of Greatest Conservation Need and finfish and their
habitat, and invasive species, relying on the U.S. Department of Agriculture's
Ecoregion Classification system; California's Vegetation Classification and
Mapping Program macrogroups (based on the National Vegetation Classification
System) at
https://www.wildlife.ca.gov/Data/VegCAMP;
the U.S. Geological Survey's Hydrologic Classification hydrologic unit code 8
at http://datagateway.nrcs.usda.gov; the U.S. Fish and Wildlife Service's
Information for Planning and Consultation at https://ecos.fws.gov/ipac/; and
the National Marine Fisheries Service's California Species List Tools at:
http://www.westcoast.fisheries.noaa.gov/maps_data/california_species_list_tools.html.
(3) "Biologist" means a person who meets the
following minimum qualifications:
(A)
Possesses a degree in biological or natural resources, or a closely related
scientific discipline, from an accredited university.
(B) Is familiar with Species of Greatest
Conservation Need, their home ranges compared to the Project Site, and their
local ecology.
(C) Has experience
analyzing project impacts on Species of Greatest Conservation Need and their
habitat.
(D) Is familiar with
invasive species prevention and eradication.
(4) "Bladder" means a flexible container
designed to store water.
(5)
"Cannabis Cultivation" means any activity involving the planting, growing,
harvesting, drying, curing, grading, or trimming of cannabis.
(6) "Covered Activity" means the
construction, Reconstruction, maintenance, or repair of a Stream Crossing or
Water Diversion that is used or will be used for the purpose of Cannabis
Cultivation for which the Entity is seeking authorization under this General
Agreement.
(7) "Design Plan" means
a detailed description of the site-specific design for the construction or
Reconstruction of a Stream Crossing or reservoir prescribed by a Licensed
Professional that includes drawings, sizing methods, component details, and
construction notes that give specific directions on the construction methods
that will be employed for the work.
(8) "Entity" means "entity" as defined in
Section 1601, subdivision (d), of the Fish
and Game Code.
(9) "Finfish" means
any species of bony fish. Finfish do not include mollusks, crustaceans,
amphibians, or invertebrates.
(10)
"Finfish stream or lake" means any stream or lake where finfish are always or
seasonally present.
(11) Fish means
"fish" as defined in Section
45 of
the Fish and Game Code.
(12)
"Licensed Professional" means a person licensed under the Professional Engineer
Act (Bus. & Prof. Code, §§ 6700-6799), the Geologist and
Geophysicist Act (Bus. & Prof. Code, §§ 7800-7887), the
Professional Land Surveyors' Act (Bus. & Prof. Code, §§
8700-8805), or the Professional Foresters Law (Pub. Resources Code,
§§
750-
783)
or a licensed professional hydrologist.
(13) "Listed or Fully Protected Species"
means any native plant species listed as rare under the Native Plant Protection
Act (Fish & G. Code, §
1900
et seq.;
Cal. Code Regs., tit. 14, §
670.2); any species that is listed
or is a candidate for listing under the California Endangered Species Act (Fish
& G. Code, §
2080
et seq.;
Cal. Code Regs., tit. 14, §§
670.2,
670.5); or any fully protected
species (Fish & G. Code, §§ 3511,
4700, 5050, 5515).
(14) "Permittee" means an Entity who has
obtained authorization from the department to conduct a Covered Activity under
this General Agreement.
(15)
"Project Site" means the location of the Covered Activity and the surrounding
area.
(16) "Property" means the
property on which the Project Site is located as identified by an Assessor's
Parcel Number.
(17) "Property
Diagram" means a diagram to scale of the Property that identifies the following
with locations also provided as coordinates in either latitude and longitude or
the California Coordinate System:
(A) The
location and size of all existing stream crossings, water diversions, water
diversion infrastructure, and water storage facilities of any type on the
Property.
(B) The location of the
Project Site on the Property.
(C)
Each river, stream, lake, and other waters on the Property, including
springs.
(D) Sources of water used
on the Property and the location of all points of diversion, including pumps
and wells.
(E) Water distribution
systems.
(F) The Assessor's Parcel
Number for the Property.
(18) "Reconstruction" means the major repair
or complete replacement of an existing Stream Crossing or Water Diversion where
any new structure:
(A) Will be located on the
same site as the structure replaced or repaired and will have substantially the
same purpose as the structure replaced or repaired.
(B) Will minimize or avoid direct and
indirect adverse impacts on fish and wildlife resources compared to the
existing structure.
(19)
"River" includes stream.
(20)
"Species of Greatest Conservation Need" means "Species of Greatest Conservation
Need" that are listed in Appendix C of the California State Wildlife Action
Plan 2015 Update, Volume II (
https://www.wildlife.ca.gov/SWAP)
or meet the definition of "endangered" or "rare" in Section
15380.
(21) "Stream" means any stream or river,
including streams or rivers that are dry for periods of time.
(22) "Stream Crossing" means a bridge,
culvert, or rock ford in or over a stream or river, and all fill material
within the crossing prism.
(23)
"Take" means "take" as defined in Section
86 of
the Fish and Game Code.
(24) "Water
Diversion" means the act of diverting surface flow or hydrologically connected
subsurface flow for use or storage. "Water diversion" includes all
infrastructure used to divert (e.g., rock dams, excavation pools in fast-moving
water, and wells) or store such flow.
(25) "Water Storage Facility" means an
artificial water storage facility comprised of a bladder, reservoir, or storage
tank.
(26) "Waters of the State"
means "state waters" as defined in Section
89.1 of
the Fish and Game Code.
(d) Eligibility Criteria. This General
Agreement shall apply to a Covered Activity when the Entity certifies to the
department all of the following:
(1) Each
activity for which the Entity is notifying the department under subsection (f)
is a Covered Activity.
(2) Each
Covered Activity included in the notification under subsection (f) meets the
applicable Design Criteria in subsection (e).
(3) The Covered Activity will not occur on or
in a finfish stream or lake.
(4)
The Covered Activity will not result in take of a Listed or Fully Protected
Species.
(5) The Covered Activity
is not the subject of a complaint or order by the department under Section
12025
of the Fish and Game Code, a complaint filed by a city attorney, District
Attorney, the Attorney General, or an order by a court.
(6) If the Entity is seeking authorization
under this General Agreement in response to a notice of violation by the
department, the authorization will address each violation alleged in the
notice.
(7) The Entity will meet
the applicable measures and requirements in subsections
(h)-(k).
(e) Design
Criteria.
(1) Bridge.
(A) Comprised of a single span structure
across a stream with all abutments located outside the top of the stream
banks.
(B) Minimally conveys a
100-year peak storm flow with one foot of freeboard.
(C) Does not prevent, impede, or tend to
prevent or impede the passing of fish up and downstream.
(D) The tops of any abutment footings are
below the calculated scour depth.
(2) Culvert.
(A) Comprised of a single pipe.
(B) Sized to minimally convey a 100-year peak
storm flow or designed to withstand a 100-year peak storm flow.
(C) Aligned within the channel and otherwise
engineered, installed, and maintained to prevent washout and erosion of the
streambed, stream banks, and fill.
(D) Embedded below the natural channel grade
to facilitate substrate deposition on the culvert floor. Where physical
conditions preclude embedment (e.g., channels composed of bedrock or large
boulders), the maximum slope of the culvert must be 0.5 percent with no
hydraulic drop at the outlet.
(E)
Extended lengthwise completely beyond the toe of fill.
(F) Set to the natural stream grade of the
stream reach, if feasible based on the composition of the affected
streambed.
(G) Inlets, outlets
(including the outfall area), and fill faces are armored using rock where
stream flow, road runoff, or rainfall is likely to cause erosion.
(H) Open bottom culverts are placed on
footings excavated below the calculated scour depth.
(I) Corrugated metal pipe is used in areas of
high to very high fire hazard as indicated by CAL FIRE Fire Hazard Severity
Zone Maps.
(J) Does not prevent,
impede, or tend to prevent or impede the passing of fish up and
downstream.
(3) Rock
ford.
(A) Located in a stable stream reach
with a coarse gravel and cobble streambed.
(B) Oriented perpendicular to flow and
designed to maintain the range of surface flows that occur in the
stream.
(C) Constructed using rock
that can withstand streambed and bank erosion by the expected range of flow
velocities.
(D) Does not contain
concrete or asphalt in any form.
(E) Does not prevent, impede, or tend to
prevent or impede the passing of fish up and downstream.
(4) Water Diversion.
(A) Water diverted at each place or point of
diversion does not exceed an instantaneous diversion rate of 10 gallons per
minute and shall bypass a minimum 50 percent of the surface flow past the point
of diversion, as estimated based on visually observing surface water flow at
least daily.
(B) Water Diversion
intakes, including intakes for water trucks, are fitted with a commercially
available water pump strainer designed for use in aquatic environments that is
securely attached to the intake.
(C) All infrastructure used to intercept
surface flow, such as rock dams, does not prevent, impede, or tend to prevent
or impede the passing of fish up and downstream.
(D) Water diverted to storage for cannabis
cultivation does not exceed five acre-feet per year and is stored in a Water
Storage Facility ("WSF") that meets the following criteria:
1. Located off-stream and outside the active
100-year floodplain.
2. Is not used
to store or mix chemicals.
3. If
the WSF is a reservoir:
a. Artificially
constructed, off-stream water body not exceeding five acre-feet of storage,
designed by a Licensed Professional.
b. No hydrologic connectivity to upstream
surface waters.
c. The overflow
outlet is designed and located to prevent erosion in case of
overtopping.
d. Constructed and
operated in a manner that enables wildlife to exit the
waterbody.
4. If the WSF
is a bladder, the WSF includes a secondary containment structure that will
contain 110 percent of water volume in case of bladder failure and will enable
wildlife to escape the structure.
5. If the WSF is a tank:
a. Enclosed (i.e., no open top).
b. Made of rigid material, such as metal or
high-density polyethylene, designed to hold water.
c. Piping includes backflow prevention
devices to minimize backflow and cross contamination, for example, from mixing
tanks.
(f) Notification and Fee Requirements. To
seek authorization to conduct a Covered Activity under this General Agreement,
the Entity must go to the website for the department's Lake and Streambed
Alteration Program at:
https://www.wildlife.ca.gov/Conservation/LSA
and follow the links and instructions to apply for authorization. To apply for
authorization, the Entity must provide the information specified in subsection
(f)(1) ("Notification"), make the certifications described in subsection (f)(2)
("Certifications"), and when applicable, pay the fee(s) as specified in
subsection (f)(3) below.
(1) Information. The
Entity must provide to the department the information described below for each
Covered Activity for the purpose of seeking authorization to conduct the
Covered Activity under this General Agreement.
(A) The name, mailing address, telephone and
fax numbers, and email address of the following individuals:
1. The Entity.
2. The Entity's designated representative or
contact person, if applicable.
3.
The Property owner if different from the Entity.
4. The Biologist who prepared the Biological
Resources Assessment.
5. The
Licensed Professional who prepared the Design Plan, if a Design Plan is
required.
(B) Information
for the purpose of calculating the total fee, including the cost of each
Covered Activity and the fee for each.
(C) Whether the Covered Activity is the
subject of a notice of violation by the department; a complaint or order by the
department under Section
12025
of the Fish and Game Code; a complaint by a city attorney, District Attorney,
or the Attorney General; or an order or notice by a court or agency other than
the department, and information regarding the notice, complaint, or
order.
(D) Location of the Project
Site, including the address or description of the location with reference to
the nearest city or town; the county; driving directions from a major road or
highway; the name of the stream or lake in or near where the Covered Activity
will occur; the watercourse or waterbody to which the stream or lake is
tributary; the USGS 7.5 Minute Quad Map Name, the Township, Range, Section, 1/4
Section, and Meridian; coordinates, such as latitude/longitude and UTM; and the
Assessor's Parcel Number for the Property the Project Site is located
on.
(E) The type of Covered
Activity (i.e., bridge, culvert, rock ford, or water diversion).
(F) A description of the Covered
Activity.
(G) Information to
confirm the Covered Activity meets the Eligibility and Design Criteria in
subsections (d) and (e) and to confirm the Entity is able to and will meet the
applicable measures and requirements in subsections (h)-(k).
(H) Information regarding any temporary or
annual license the California Department of Food and Agriculture has issued to
the Entity, or that the Entity has applied or will apply for, that authorizes
or would authorize the Cannabis Cultivation the Covered Activity relates
to.
(I) Whether the Covered
Activity would be a new activity or is an existing activity.
(J) Information regarding the Entity's Water
Diversion.
(2)
Certifications. The Entity must certify the following:
(A) The Entity has in its possession the
following documents:
1. A Biological
Resources Assessment.
2. A Design
Plan for the construction or Reconstruction of each Stream Crossing or
reservoir.
3. A Property
Diagram.
(B) The Covered
Activity and Entity meet the Eligibility Criteria in subsection (d), relying in
part on the Biological Resources Assessment and, where applicable, the Design
Plan.
(3) Fees.
(A) The Entity must pay a fee in the amount
the Entity would need to pay for a Standard Agreement for a term of five years
or less, as specified in the department's fee schedule for lake and streambed
alteration agreements in Section
699.5, subsection (b).
(B) The Entity must also pay a remediation
fee specified in Section
699.5, subsection (i), if
applicable.
(4) A
Notification made to the department under this subsection may include more than
one Covered Activity.
(g)
Authorization. Upon receipt of the Notification, Certifications, and applicable
fee(s) specified in subsection (f), the department shall authorize the Covered
Activity or Activities described in the Notification by providing notice to the
Entity.
(h) Administrative
Measures.
(1) Documentation at Project Site.
Permittee shall make the following documents available to all persons
conducting the Authorized Activity at the Project Site on behalf of Permittee,
including, but not limited to, contractors, subcontractors, inspectors, and
monitors, and shall present these documents to any department or other
governmental agency employee upon the employee's request:
(A) The department's authorization under
subsection (g) and the information provided by the Entity to the department
pursuant to subsection (f)(1).
(B)
Any approval by a local, state, or federal agency that relates to the
Authorized Activity, including a temporary or annual cannabis cultivation
license issued by the California Department of Food and Agriculture.
(C) Biological Resources
Assessment.
(D) Any Design
Plan.
(E) Property
Diagram.
(F) Each survey, plan, and
report described in subsections (i), (j), and (k).
(2) Document Submittal. Permittee shall
electronically submit to the department a copy of the Biological Resources
Assessment, Design Plan, and Property Diagram within 90 days of receiving
authorization from the department under subsection (g). The documents shall be
submitted to the department through the website for the department's Lake and
Streambed Alteration Program at:
https://www.wildlife.ca.gov/
Conservation/LSA.
(3) Notice to
Cease Authorized Activity. Permittee shall cease an Authorized Activity if the
department notifies Permittee in writing that the activity is adversely
affecting fish and wildlife resources. This includes, but is not limited to,
information made available to the department that indicates that bypass flows
or diversion rates under this General Agreement are not keeping aquatic life
downstream in good condition or avoiding take of Listed or Fully Protected
Species.
(4) Take. This General
Agreement does not authorize take of a Listed or Fully Protected Species, and
compliance with this General Agreement does not ensure that take will be
avoided in all circumstances. Permittee remains responsible for complying with
all provisions in the Fish and Game Code that pertain to take of Listed and
Fully Protected Species, including Sections
2080
et seq.,
3503, 3503.5, 3511, 3513, 4700, 5050, and 5515.
(5) Access to Project Site. Permittee shall
allow department employees access to the Project Site to inspect or monitor any
Authorized Activity. Inspection and monitoring shall be conducted between the
standard business hours of 8:00 a.m. and 5:00 p.m. (Pacific Standard Time) or
at other reasonable times as mutually agreed to by the department and the
Permittee. Prior notice of inspection is not required.
(i) General Measures to Protect Fish and
Wildlife Resources.
(1) Work Periods.
Permittee may only conduct work on or within the bed, bank, or channel of a
stream or lake from June 15 to October 15.
(2) Work in Dry Weather Only. Permittee shall
cease the Authorized Activity when the National Weather Service ("NWS") 72-hour
weather forecast indicates a 30 percent chance or higher of precipitation.
Permittee shall implement all necessary erosion control measures prior to the
onset of precipitation and remove construction equipment and materials if
precipitation is likely. Work activity halted due to precipitation may resume
when the NWS 72-hour weather forecast indicates less than a 30 percent chance
of precipitation. No Authorized Activity shall occur during a dry-out period of
24 hours after wet weather. Permittee shall provide documentation of weather
forecasts upon the department's request.
(3) Wildlife.
(A) Leave Wildlife Unharmed. If any wildlife
is encountered during the Authorized Activity, Permittee shall not disturb the
wildlife and shall allow wildlife to leave the work site unharmed.
(B) Habitat Elements. Permittee shall take
measures to minimize disturbance to aquatic and riparian habitat elements such
as pools and structures including large wood or vegetation that overhangs the
channel.
(C) Check for Wildlife.
Every day, prior to beginning any construction work, Permittee shall visually
check all sections of pipe/construction materials and associated work equipment
for the presence of wildlife sheltering in them. Alternatively, the ends of any
pipes may be capped while stored on site to prevent wildlife from
entering.
(D) Escape Ramp in
Trench. At the end of each workday, Permittee shall place an escape ramp at
each end of any open trench to allow wildlife that may have become entrapped in
the trench to escape. The ramp may be constructed of dirt, wood planking, or
other suitable material and shall be placed at an angle no greater than 30
degrees.
(E) Nest/Den Surveys. If
construction, grading, vegetation removal, or other Authorized Activity is
scheduled between February 1 and August 31, a Biologist shall conduct a focused
survey for nests and dens of birds and mammals within seven days prior to
beginning the Authorized Activity. If a nest or den is found, Permittee shall
consult with the department before commencing the Authorized Activity. Any time
there is a lapse in the Authorized Activity of seven days or longer, a
Biologist shall conduct another focused survey.
(F) Active Nest/Den Buffers. If a nest or den
is found during any survey, the Biologist shall establish a protective buffer
and ensure appropriate action is taken to avoid or minimize impacts on the
birds or mammals while the nest or den is occupied, during the Authorized
Activity.
1. The buffer distance must be
site-specific and adequate to protect normal animal behavior to prevent
reproductive failure or nest/den abandonment, as determined by the Biologist.
To meet this objective, the Biologist shall determine the buffer distance after
the Biologist conducts field investigations that evaluate the apparent distress
of the animal(s) in the presence of people or equipment at various
distances.
2. Abnormal nesting or
denning behaviors that might cause reproductive harm include, but are not
limited to, defensive movements, flights, or vocalizations directed towards
work personnel, standing up from a brooding position, and moving or flying away
from the nest or den. The Biologist shall have authority to order cessation of
the Authorized Activity if the nesting animal exhibits abnormal behavior that
could cause reproductive failure (i.e., nest or den abandonment and loss of
eggs or young) until an appropriate buffer is
established.
(4) Vegetation.
(A) Minimum Vegetation Removal. Permittee
shall limit the disturbance or removal of native vegetation to the minimum
necessary to achieve design guidelines and standards for the Authorized
Activity. Permittee shall take precautions to avoid damage to vegetation
outside the work area.
(B) Plant
Species of Greatest Conservation Need. If the Biologist finds at the Project
Site a population of any plant designated as a Species of Greatest Conservation
Need, or determines the plant may be present, based, for example, on habitat
types or other cues, the Biologist shall establish a protective buffer and
ensure appropriate action is taken to avoid or minimize impacts on the plants
during the Authorized Activity.
1. The buffer
distance must be site-specific and adequate to protect the plants, as
determined by the Biologist.
(5) Temporary Dewatering and Flow Bypass.
(A) When the Authorized Activity occurs in a
flowing stream, Permittee shall divert the stream flow around or through the
work area during the Authorized Activity.
(B) Sufficient Flow Downstream. Permittee
shall allow sufficient flow at all times to pass downstream for purposes of
maintaining aquatic life.
(C)
Minimize Turbidity, Siltation, and Pollution. Permittee shall use only clean,
non-erodible materials, such as rock or sandbags that do not contain soil or
fine sediment, to construct any temporary stream flow bypass. Permittee shall
divert stream flow around the work site in a manner that minimizes turbidity,
siltation, and pollution, and does not result in erosion or scour downstream of
the diversion.
(D) Remove any
Materials upon Completion. Permittee shall remove all materials used for the
temporary stream flow bypass after the Authorized Activity is
completed.
(E) Restore Natural
Flow. Permittee shall restore the natural stream flow pattern immediately upon
completion of the Authorized Activity.
(6) Herbicide and Pesticide Use.
(A) Avoid Waters of the State. Permittee
shall not use chemical herbicides or pesticides, including chemical
rodenticides, that are deleterious to fish, plant life, mammals, or bird life,
where they may pass into the waters of the state.
(B) No Chemical Rodenticides. Permittee shall
not treat areas considered suitable habitat for Species of Greatest
Conservation Need or areas with suspected occupied nesting or denning habitats
with chemical rodenticides at the Project Site.
(7) Erosion Control and Pollution.
(A) Erosion Control. Permittee shall use
erosion control measures throughout all work phases where sediment runoff
threatens to enter a stream, lake, or other Waters of the State.
(B) Seed and Mulch. Upon completion of
construction operations and/or the onset of wet weather, Permittee shall
stabilize exposed soil areas within the work area by applying mulch and seed.
Permittee shall restore all exposed or disturbed areas and access points within
the stream and riparian zone by applying local native and weed-free erosion
control grass seeds. Locally native wildflower and/or shrub seeds may also be
included in the seed mix. Permittee shall mulch restored areas using at least
two to four inches of weed-free clean straw or similar biodegradable mulch over
the seeded area. Alternately, Permittee may cover seeding with jute netting,
coconut fiber blanket, or similar non-synthetic monofilament netting erosion
control blanket.
(C) Erosion and
Sediment Barriers. Permittee shall monitor and maintain all erosion and
sediment barriers in good operating condition throughout the work period and
the following rainy season, defined herein to mean October 15 through June 15.
Maintenance includes, but is not limited to, removal of accumulated sediment
and/or replacement of damaged sediment fencing, coir logs, coir rolls, and/or
straw bale dikes. If the sediment barrier fails to retain sediment, Permittee
shall employ corrective measures, and notify the department
immediately.
(D) Fill Material.
Fill materials placed in the stream channel shall be adequate to withstand high
stream flow and shall consist of clean, non-erodible, silt-free material. All
fill material shall be free from any substance or material deleterious to fish
and wildlife (e.g., corrosive, combustible, noxious, or reactive materials).
Permittee shall not use asphalt, rebar, or concrete as fill material.
(E) Prohibition on Use of Monofilament
Netting. To minimize the risk of ensnaring and strangling wildlife, Permittee
shall not use any erosion control materials that contain synthetic (e.g.,
plastic or nylon) monofilament netting, including photo- or bio-degradable
plastic netting. Geotextiles, fiber rolls, and other erosion control measures
shall be made of loose-weave mesh, such as jute, hemp, coconut (coir) fiber, or
other products without welded weaves.
(F) Site Maintenance. Permittee shall be
responsible for site maintenance including, but not limited to, re-establishing
erosion control to minimize surface erosion and ensuring drainage structures
and altered streambeds and banks remain sufficiently armored and/or
stable.
(G) Removal, Storage, and
Disposal of Fill, Spoil Piles, and Debris. Permittee shall remove all excavated
fill, spoil piles, and debris from any stream, lake, or other Waters of the
State and place it in stable upland locations where it cannot discharge into
such waters, or dispose of it according to state and local laws and
ordinances.
(H) Cover Spoil Piles.
Permittee shall have readily available erosion control materials such as
wattles, natural fiber mats, or plastic sheeting, to cover and contain exposed
spoil piles and exposed areas in order to prevent sediment from moving into a
stream or lake. Permittee shall apply and secure these materials prior to rain
events to prevent loose soils from entering a stream, lake, or other Waters of
the State.
(I) Stockpiled
Materials. Permittee shall not stockpile or store any building materials and/or
construction materials where they may be washed or percolate into a stream,
lake, or other Waters of the State, or where they may adversely affect stream
habitat or aquatic or riparian vegetation.
(J) No Dumping. Permittee shall not deposit,
permit to pass into, or place where it can pass into a stream, lake, or other
Waters of the State any material deleterious to fish and wildlife, or abandon,
dispose of, or throw away within 150 feet of a stream, lake, or other Waters of
the State any cans, bottles, garbage, motor vehicle or parts thereof, rubbish,
litter, refuse, waste, debris, or the viscera or carcass of any dead mammal, or
the carcass of any dead bird.
(K)
Debris Removal. Permittee shall pick up all debris and waste daily, and shall
dispose of it according to local and state law.
(L) Wash Water. Permittee shall not allow
water containing mud, sediment, or other pollutants from equipment washing or
other activities to enter a stream, lake, or other Waters of the
State.
(M) Staging and Storage.
Permittee shall not stage or store any equipment, materials, fuels, lubricants,
solvents, or hazardous or toxic materials where they may enter a stream or
lake, or where they have potential to enter a stream, lake, or other Waters of
the State (e.g., through storm water runoff or percolation). Equipment shall be
positioned over drip pans. Stationary heavy equipment shall have suitable
containment to handle a catastrophic spill/leak.
(N) Equipment Maintenance and Fueling.
Permittee shall not conduct any maintenance activity or refuel equipment in any
location where the petroleum products or other pollutants may enter a stream,
lake, or other Waters of the State.
(8) Hazardous Materials and Spills.
(A) Toxic Materials. Permittee shall store
any hazardous or toxic materials that could be deleterious to aquatic life in
accordance with all applicable federal, state, and local laws and
ordinances.
(B) Hazardous
Substances. Permittee shall prevent raw cement/concrete or washings thereof,
asphalt, paint or other coating material, oil or other petroleum products, or
any other substance that could be hazardous to aquatic life from contaminating
the soil or entering a stream or lake. Permittee shall immediately remove any
of these materials placed within, or where they may enter, a stream or lake or
other Waters of the State.
(C)
Cleanup and Containment. In the case of a spill, Permittee shall immediately
notify the California Office of Emergency Services State Warning Center at
1-800-852-7550 and immediately initiate clean-up activities. The local
department Regional Office shall be notified of clean-up
procedures.
(9) Invasive
Species Control. Permittee shall conduct the Authorized Activity in a manner
that prevents the introduction, transfer, and spread of invasive species from
one work site or waterbody to another by following the requirements below.
(A) Decontamination of Work Equipment.
Permittee shall inspect and decontaminate all tools, waders, boots, and other
work-related equipment that will enter water prior to entering and exiting the
work site and/or between each use in different waterbodies to avoid the
introduction and transfer of organisms between waterbodies. Permittee shall
decontaminate project gear and equipment using one of three methods:
1) drying;
2) hot water soak; or
3) freezing, as appropriate to the type of
gear or equipment. For all methods, Permittee shall begin the decontamination
process by thoroughly scrubbing equipment, paying close attention to small
crevices such as bootlaces, seams, and net corners, with a stiff-bristled brush
to remove all organisms. To decontaminate by drying, Permittee shall allow
equipment to dry thoroughly (i.e., until there is a complete absence of water),
preferably in the sun, and keep the equipment dry for a minimum of 48 hours. To
decontaminate using a hot water soak, Permittee shall immerse equipment in
140°F or hotter water and soak, completely submerged, for a minimum of five
minutes. To decontaminate by freezing, Permittee shall place equipment in a
freezer 32°F or colder for a minimum of eight hours. Repeat decontamination
is required only if the equipment or clothing is removed from the Project Site,
used within a different waterbody, and returned to the Project Site or
different waterbody.
(B)
Decontamination of Larger Vehicles. Permittee shall decontaminate vehicles and
other Covered Activity-related equipment too large to immerse in a hot water
bath by pressure washing with hot water at a minimum temperature of 140°F
at the point of contact or 155°F at the nozzle. Following the hot water
wash, Permittee shall drain water and dry all vehicles and other large
equipment as thoroughly as possible.
(C) Decontamination Sites. Permittee shall
perform decontamination of vehicles, tools, waders and boots, and other
project-related equipment in a designated location where runoff can be
contained and not allowed to pass into a stream, lake, or other Waters of the
State, or other sensitive habitat areas.
(j) Specific Measures to Protect Fish and
Wildlife Resources.
(1) All Stream Crossings.
(A) Road Approaches. Permittee shall maintain
Stream Crossings to minimize erosion and sediment delivery to the stream, lake,
or other Waters of the State. Permittee shall ensure road approaches are
hydrologically disconnected to the maximum extent feasible to prevent sediment
from entering the crossing site, including when a Stream Crossing is being
constructed or reconstructed.
(B)
Vegetation Management. Permittee shall limit vegetation management (e.g.,
trimming, pruning, or limbing) and removal for the purpose of Stream Crossing
maintenance to the use of hand tools. Vegetation management shall not include
treatment with herbicides.
(C) Time
Period for Reconstruction. Reconstruction must be completed within one calendar
year from the date the department authorizes the Covered Activity under this
General Agreement, unless the department extends the one-year time period at
its sole discretion.
(2)
Bridges.
(A) Concrete Abutments -- Primary
Containment. Permittee shall install the necessary containment structures for
concrete bridge abutments to control the placement of wet concrete and to
prevent it from entering into the bed, bank, or channel outside of these
structures.
(B) Concrete Abutments
-- Secondary Containment. Permittee shall install a secondary containment
structure between the primary containment structures to prevent wet concrete
from entering into the stream upon failure or leak of the primary
structures.
(C) Concrete Abutments
-- Designated Monitor. Permittee shall designate a monitor to inspect
containment structures and ensure there is no failure of containment structures
when pouring or working with wet concrete placed for bridge
abutments.
(D) Concrete Washout.
Permittee shall ensure that concrete washout occurs in a designated and
appropriately prepared area outside the active 100-year floodplain. Permittee
shall not allow wash water or debris to enter the stream or riparian area.
Permittee shall inspect concrete washout facilities daily and after rain to
check for leaks and damage to linings and sidewalls caused by construction
activities.
(3) Culverts.
(A) Concrete. Permittee shall ensure poured
concrete is excluded from the wetted channel for a period of at least 30 days.
Permittee shall not allow runoff from the concrete to enter a stream and shall
ensure it is disposed of properly.
(B) Concrete Sealant. Permittee may apply
sealants to the poured concrete surface where it may be difficult to exclude
water flow for a long period. If sealant is used, Permittee shall exclude water
from the site until the sealant is dry.
(C) Culvert Maintenance. Permittee shall
maintain culverts and keep them clear of debris. Such work shall maintain
culvert location design and materials. Maintenance does not include
replacement.
(4) Water
Diversions.
(A) Season of Diversion. After
October 31, 2018, Permittee shall confine the period of diversion to December
15 through March 31.
(B) Water
Storage and Control. Permittee shall cease all water diversion at the point of
diversion when WSFs are filled to capacity. Water shall not leak, overflow, or
overtop WSFs at any time. Permittee shall regularly inspect all WSFs and
infrastructure used to divert water to storage and use and repair any
leaks.
(C) Diversion Intakes.
Permittee shall plug, cap, block (e.g., with a shut-off valve), or remove all
intakes at the end of each diversion season.
(D) Underground Water Diversion
Infrastructure. Infrastructure installed in the streambed (e.g., cistern or
spring box) shall not exceed 10 percent of the active channel width and shall
not be located in the deepest portion of the channel. The depth of the intake
shall be no greater than one foot below the streambed.
(E) Diversion Maintenance. Permittee shall
inspect, maintain, and clean intake strainers and bypass structures as
necessary to ensure proper operation for the protection of non-finfish and
wildlife.
(F) Bypass Flow.
Permittee shall ensure that Permittee's diversion facility passes sufficient
flow at all times to keep fish below the facility in good condition. If at any
time the diversion rate identified in subsection (e)(4)(A) cannot be
maintained, Permittee shall cease diversion and all natural flow shall be
allowed to bypass the point of diversion.
(G) Diversion Materials. Permittee shall not
use or construct the diversion structure with materials deleterious to fish or
wildlife, including, but not limited to, particle board, plastic sheeting,
bentonite, pressure treated lumber, creosote, concrete, or asphalt.
(H) Diversion Monitoring. Permittee shall
install and maintain an adequate measuring device for measuring the
instantaneous and cumulative rate of diversion. The device shall be installed
within the flow of diverted water. Permittee shall maintain records of
diversion with:
1. The date and time
diversion occurred, and
2. The
amount of water used per day for cannabis cultivation separated out from the
amount of water used for other irrigation purposes and other uses of water
(e.g., domestic use or fire protection).
3. Permittee shall make available for review
at the request of the department the daily diversion records required by the
State Water Resources Control Board (Board) in Attachment A to the Board's
Cannabis Cultivation Policy (October 17, 2017), No. 84, pages 40-41 (see Cal.
Code Regs., tit. 23, § 2925).
(I) Invasive Species Management for
Reservoirs. Permittee shall implement an invasive species management plan
prepared by a Biologist for any existing or proposed reservoir. The plan shall
include, at a minimum, an annual survey for invasive aquatic species. The
Biologist, if appropriate, shall implement eradication measures if invasive
aquatic species are identified as part of the survey.
(J) No Stocking. Stocking of fish, wildlife,
or plant of any kind, in any Waters of the State, including reservoirs, shall
be prohibited without written permission from the department pursuant to
Section
6400 of
the Fish and Game Code.
(k) Reporting Requirements. Permittee shall
submit the reports described below in electronic form to the department through
the website for the department's Lake and Streambed Alteration Program at:
https://www.wildlife.ca.gov/Conservation/LSA.
(1) Project Completion Report. Permittee
shall submit to the department a Project Completion Report for any Authorized
Activity that includes construction within 30 days of completing the activity.
The report shall include the following:
(A)
The beginning and ending dates of the Authorized Activity.
(B) Before and after photographs. Photographs
shall include the staging area, access area, and stream facing upstream,
downstream, and perpendicular.
(2) Water Diversion and Use Reports. For each
Water Diversion, Permittee shall submit to the department a copy of each report
Permittee must submit to the Board, in accordance with Sections 910-938 of
Title 23 of the California Code of Regulations, on the same date Permittee
submits the report to the Board while the Water Diversion is authorized under
this General Agreement.
(3)
California Natural Diversity Database Observations. Permittee shall submit all
observations of Species of Greatest Conservation Need to the department's
California Natural Diversity Database at:
https://www.wildlife.ca.gov/Data/CNDDB/Submitting-Data.
(l) Liability. Permittee shall be solely
liable for any violations of the measures and requirements herein that apply to
the Authorized Activity, whether committed by Permittee or any person acting on
behalf of Permittee, including its officers, employees, representatives,
agents, or contractors and subcontractors, to complete or conduct the
Authorized Activity.
(m) Suspension
and Revocation.
(1) The department may
suspend or revoke in its entirety the department's authorization of a
Permittee's Covered Activity if the department determines that:
(A) Permittee or any person acting on behalf
of Permittee, including its officers, employees, representatives, agents, or
contractors and subcontractors, is not acting in compliance with this General
Agreement. Noncompliance may include, but is not limited to, failure of
Permittee to implement the Authorized Activity as prescribed in this General
Agreement, or
(B) The Authorized
Activity was not eligible under the General Agreement.
(2) Nothing herein precludes the department
from pursuing an enforcement action against Permittee instead of, or in
addition to, suspending or revoking the department's authorization of a
Permittee's Covered Activity.
(n) Period of Authorization.
(1) Authorization of a Covered Activity under
this General Agreement shall expire five years after the date the department
authorizes the activity under subsection (g), unless the department extends the
period of authorization prior to expiration.
(2) Upon expiration of the department's
authorization, Permittee shall be responsible for complying with Section
1602 of
the Fish and Game Code before continuing the activity.
1. New
section filed 1-2-2018 as an emergency; operative 1-2-2018 (Register 2018, No.
1). Emergency language shall remain in effect until revised by the Department,
pursuant to Fish and Game Code section
1617(f).
Note: Authority cited: Section
1617,
Fish and Game Code. Reference: Sections
1602
and
1617,
Fish and Game Code.