relocate various utilities to grade such as: sewer manholes, storm drain manholes, telecommunication manholes, power poles, air vacuums, fire hydrants, electrical risers, electrical vaults, and 13 city power poles (which would require 13 feet of excavation).
Additionally, the Project will partially realign 1,500 linear feet of a 16-inch diameter steel natural gas pipeline owned by Williams Companies, a 20-inch diameter steel petroleum pipeline, and 12-inch diameter steel telecommunications pipeline, both owned by Kinder Morgan, Inc.
The Project area crosses over three creeks, from west to east: Highland Wash, Smith Creek, and Pershing Creek, where three culverts (i.e., Proposed Lines J, I, and K) will be constructed under the proposed Sun Lakes Boulevard roadway extension to convey existing flow. The culverts will be multi-cell reinforced concrete box (RCB) channels with concrete straight wing walls and riprap aprons at the upstream end of each channel and vertical wing walls and concrete aprons at the downstream end. Concrete ramps will be constructed at the south end of the channels to provide maintenance access. Concrete swales and trapezoidal channels will be provided to intercept stormwater run-on from north of the Project and discharge it to the proposed channels. Existing Westward Avenue pipe culverts are to be abandoned in place when the Project is completed.
Four storm drain laterals occur in the Project: Laterals K-1 and K-2 drain to Pershing Creek and Laterals I-1 and I-2 drain to Smith Creek. Laterals K-2, I-1, and I-2 all collect street runoff via catch basins in the street, however K-2 collects run-on from north of the Project and conveys it to Line K. Catch basins will be fitted with City-approved filters to capture debris and treat post-construction runoff generated by the roadway. The Permittee has committed to participating in a regional solution for the sediment transport function of the Smith Creek watershed. The intended outcome of this regional solution is to bring the various stakeholders in this watershed together to work on a sediment management strategy to ensure sediment is transported efficiently and effectively to support ecological resources. The Permittee’s commitment to this regional solution will serve as providing rehabilitation mitigation for the overall impacts from this Project1.
PROJECT IMPACTS
Existing fish or wildlife resources the Project could substantially adversely affect include:
BIRDS: burrowing owl (Athene cunicularia), rock pigeon (Columbia livia), mourning dove (Zenaida macroura), greater roadrunner (Geococcyx californianus), Anna’s hummingbird (Calypte anna), ring-billed gull (Larus delawarensis), northern harrier (Circus hudsonius), red-tailed hawk (Buteo jamaicensis), barn owl (Tyto alba), American kestrel (Falco sparverius), black phoebe (Sayornis nigricans), Say’s phoebe (Sayornis saya), Cassin’s kingbird (Tyrannus vociferans), western kingbird (Tyrannus verticalis), loggerhead shrike (Lanius ludovicianus), American crow (Corvus brachyrhynchos), common raven (Corvus corax), California horned lark (Eremophila alpestis actia), cliff swallow (Petrochelidon pyrrhonota), American bushtit (Psaltriparus minimus), rock wren (Salpinctes obsoletus), Bewick’s wren (Thryomanes bewickii), northern mockingbird 1 Western Riverside County Multiple Species Habitat Conservation Plan Determination of Biologically Equivalent or Superior Preservation Report Sun Lakes Boulevard Extension Project 853
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(Mimus polyglottos), European starling (Sturnus vulgaris), house sparrow (Passer domesticus), house finch (Haemorhous mexicanus), lark sparrow (Chondestes grammacus), western meadowlark (Sturnella neglecta), hooded oriole (Icterus cucullatus), Brewer’s blackbird (Euphagus cyanocephalus), blue grosbeak (Passerina caerulea);
PLANTS: Marvin’s onion (Allium marvinii), many-stemmed dudleya (Dudleya multicaulis), annual ragweed (Ambrosia acanthicarpa), western ragweed (Ambrosia psilostachya), California sagebrush (Artemesia californica), mugwort (Artemesia douglasiana), tarragon (Artemisia dracunculus), mule fat (Baccharis salicifolia), yellow pincushion (Chaenactis glabriuscula), common sand aster (Corethrogyne filaginifolia), pinebush (Ericameria pinifolia), horseweed (Erigeron canadensis), leafy fleabane (Erigeron foliosus), golden yarrow (Eriophyllum confertiflorum), common sunflower (Helianthus annuus), telegraph weed (Heterotheca grandiflora), scale-broom (Lepidospartum squamatum), cliff aster (Malacothrix saxatilis), ladies’ tobacco (Pseudognaphalium californicum), shrubby ragwort (Senecio flaccidus), small wirelettuce (Stephanomeria exigua), cotton thorn (Tetradymia comosa), rough cockleburr (Xanthium strumarium), fiddleneck (Amsinckia sp.), cryptantha (Cryptantha sp.), heliotrope (Heliotropium curassavicum), pectocarya (Pectocarya sp.), caterpillar phacelia (Phacelia cicutaria), blue elderberry (Sambucus nigra ssp. caerulea), sand pygmyweed (Crassula connata), calabazilla (cucurbita foetidissima), rattlesnake sandmat (Euphorbia albomarginata), deerweed (Acmispon glaber), Heermann’s lotus (Acmispon heermannii), miniature lupine (Lupinus bicolor), southern California black walnut (Juglans californica), white sage (Salvia apiana), chia (Salvia columbariae), black sage (Salvia mellifera), vinegarweed (Trichostema lanceolatum), wishbone (Mirabilis laevis), California sun cup (Camissoniopsis bistorta), sandysoil suncup (Camissonia strigulosa), winecup clarkia (Clarkia purpurea), California poppy (Eschscholzia californica), showy penstemon (Penstemon spectabilis), dotseed plantain (Plantago erecta), chaparral gilia (Gilia angelensis), hooked navarretia (Navarretia hamata), California buckwheat (Erigonum fasciculatum), slender woolly buckwheat (Eriogonum gracile), curly dock (Rumex crispus), redmaids (Calandrinia menziesii), Miner’s lettuce (Claytonia sp.), Fremont cottonwood (Populus fremontii), Goodding’s black willow (Salix gooddingii), arroyo willow (Salix lasiolepis), red willow (Salix laevigata), tall flatsedge (Cyperus eragrostis), cheatgrass (Bromus tectorum), rabbitsfoot grass (Polypogon mospeliensis), purple needle grass (Stipa pulchra); MAMMALS: Los Angeles pocket mouse (Perognathus longimembris brevinasus), Northwestern San Diego pocket mouse (Chaetodipus fallax), Dulzura kangaroo rat (Dipodomys simulans), Bryant’s/San Diego Desert woodrat (Neotoma bryanti (lepida) intermedia), baja mouse (Peromyscus fraterculus), deer mouse (Peromyscus maniculatus), western harvest mouse (Reithrodontomys megalotis), black-tailed jackrabbit (Lepus californicus), Audobon’s (Desert) cottontail (Sylvilagus audubonii), California ground squirrel (Otospermophilus beecheyi), Botta’s pocket gopher (Thomomys bottae), coyote (Canis latrans);
REPTILES: Great Basin fence lizard (Sceloporus occidentalis longipes), side-blotched lizard (Uta stansburiana), coastal western whiptail (Aspidoscelis tigris stejnegeri); The adverse effects the Project could have on the fish or wildlife resources identified above include: loss of natural bed or bank; disturbance from Project activity; permanent loss of riparian habitat; change in channel cross section; restriction in sediment 854
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transport; debris transport impedance; change in floodplain composition; loss of sediment and debris transport that supplies sediment and sand sources for wildlife habitat including downstream dune habitat; temporary and permanent loss of foraging habitat for burrowing owl and Los Angeles pocket mouse; permanent loss of potential burrow sites for burrowing owl and Los Angeles pocket mouse; the disturbance to, alteration of, and/or loss of nesting, roosting, and foraging habitat; the reduction or loss of habitat coverage, composition, and distribution; impacts to water quality; and increased impacts associated with edge-effects to local flora and fauna populations.
The Project will temporarily impact 0.09 acres and permanently impact 0.37 acres associated with Highland Wash, Smith Creek, and Pershing Creek (Exhibit 2). The Project will impact a total of 0.46 acres of stream bed, bank, and channel, which are the limits of the Project impacts authorized under this agreement (Table 1).
Table 1.
Stream Name Temporary Impacts
(acres)
Permanent Impacts
(acres)
Highland Wash 0.01 0.1
Smith Creek 0.04 0.08
Pershing Creek 0.03 0.2
Total 0.09 0.37
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.
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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.
1.5 Take of Nesting Birds. Fish and Game Code section 3503 makes it unlawful to take, possess, or needlessly destroy the nest or eggs of any bird, except as otherwise provided by Fish and Game Code or any regulation made pursuant thereto. Fish and Game Code section 3503.5 makes it unlawful to take, possess, or destroy any birds in the orders Falconiformes or Strigiformes (birds-of-prey) to take, possess, or destroy the nest or eggs of any such bird except as otherwise provided by Fish and Game Code or any regulation adopted pursuant thereto.
Fish and Game Code Section 3513 makes it unlawful to take or possess any migratory nongame bird except as provided by the rules and regulations adopted by the Secretary of the Interior under provisions of the Migratory Bird Treaty Act 1918, as amended (16 U.S.C. § 703 et seq.). The issuance of this Agreement does not in any way exempt or excuse compliance with these statutes.
1.6 Additional Project Impacts. Permittee shall submit to CDFW a request to amend this Agreement if any additional impacts to Fish and Game Code section 1602 resources, or additional operations and maintenance activities not identified in this Agreement are anticipated. No additional impacts to Fish and Game Code section 1602 resources are authorized unless the impacts and/or activities are expressly authorized by CDFW by amendment to this Agreement.
1.7 Notify CDFW Prior to Work. Permittee shall notify CDFW by email at least five (5) working days prior to initiation of Project activities. See contact information below.
1.8 Reporting of Violations. Permittee shall report any violations of the Agreement, whether committed by Permittee or any person acting on behalf of Permittee, to the CDFW contact identified below within 48 hours of the violation occurring.
1.9 Dead or Injured Species. Permittee shall report any dead or injured CESA- or ESA- listed threatened, endangered, or fully protected species, or species of special concern found along roads or in Project areas to CDFW within 24 hours via email according to contact information below. The Permittee shall report the location, cause of death or injury, species found, and any other relevant information.
1.10 Compliance with other Agencies. The Agreement does not relieve the Permittee of responsibilities for compliance with applicable federal, state, or local laws, ordinances or grant conditions.
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1.11 Work According to Plans. Final stamped engineered design plans shall be submitted to CDFW a minimum of 30 days prior to start of Project activities, for review by CDFW prior to Project start. The final plans shall be based on the Project design plans submitted to CDFW in the notification package. If the submitted Project plans differ substantially from the Project description, Permittee shall provide CDFW a detailed, written description of the changes made. CDFW may require an amendment to this Agreement or submission of a new notification prior to starting the Project if the Project designs have changed from those submitted in the Notification Package.
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.
General Wildlife Protection and Prevention Measures
2.1 Designated Biologist(s) and Biological Monitor(s). Permittee shall submit to CDFW for review and approval the names, qualifications, business addresses, and contact information of any qualified biologists (Designated Biologist(s)) and Biological Monitor(s) that will be utilized to conduct species/habitat surveys, biological monitoring, or mitigation planning and implementation activities at least 30 days before initiating ground- or vegetation- disturbing activities.
Permittee shall specify the proposed responsibilities of each Designated Biologist(s) and/or Biological Monitor(s) and provide clear evidence of knowledge, experience, and capability of performing those proposed duties.
Optional CDFW biologist resume form available here:
https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=202869.
2.1.1 A qualified Designated Biologist(s) is an individual who holds a bachelor’s degree from an accredited university and 1) is knowledgeable in relevant species’ life histories and ecology, 2) can correctly identify relevant species, 3) has conducted field surveys for relevant species, 4) is familiar with relevant survey protocols, and 5) is knowledgeable of state and federal laws regarding the protection of sensitive species.
2.1.2 A Biological Monitor(s) is an individual who shall have academic and professional experience in biological sciences and related resource management activities as it pertains to this Project, experience with construction-level biological monitoring, be able to recognize species that may be present within the Project area and be familiar with the habitats and behaviors of those species.
2.2 Responsibility of the Designated Biologist(s). The Designated Biologist(s) shall be responsible for monitoring activities addressed by this Agreement, including, but not limited to all activities that result in clearing, grading, drilling, and/or other ground-disturbing activities. To ensure compliance with the measures of this 857
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Agreement, the Designated Biologist(s) shall confirm and monitor the limits of Project activities addressed by this Agreement.
2.3 Authority of Designated Biologist(s). To ensure compliance with the measures of this Agreement, the Designated Biologist(s) shall have the authority to immediately halt any activity that does not comply with this Agreement, order any reasonable measure to avoid the violation of any measure of this Agreement, and directly contact CDFW for any reason. If the Designated Biologist(s) determines that the Project may have an adverse effect on any special-status species (threatened, endangered, candidate, species of special concern, etc.), they shall halt construction and notify the appropriate agencies immediately.
Unless authorized by CDFW, the Designated Biologist(s) shall not have the authority to handle any special-status species (threatened, endangered, candidate, species of special concern, etc.).
2.4 Authority of Biological Monitor(s). The Permittee or Designated Biologist shall designate a person to monitor on-site compliance with all conditions of this Agreement. The Biological Monitor shall halt Project Activities to comply with the terms of this Agreement and otherwise avoid impacts to species or habitats.
2.5 Delineate Work Area Boundary. In consultation with the Designated Biologist(s), Permittee shall clearly delineate the outer perimeter of the work areas and access routes with appropriate fencing, signage, and/or flagging to prevent damage to adjacent habitats prior to start of Project activities. The delineation materials shall be in place during all periods of operation and all persons employed or otherwise working on the Project site shall be instructed about the restrictions. Permittee shall ensure the delineation materials are monitored daily, and maintained, repaired, or replaced immediately if the materials are damaged, lost, stolen, or become ineffective in any way. The Designated Biologist(s) shall ensure the delineation materials do not create a barrier to wildlife movement and will not pose a risk to wildlife safety.
2.6 Environmentally Sensitive Areas. The Designated Biologist shall determine and clearly delineate any necessary avoidance and/or buffer areas with appropriate fencing, signage, and/or flagging. The delineation materials shall be visibly discernable from the ‘standard work area boundary’ materials and all persons employed or otherwise working on the Project site shall be instructed about the restrictions associated with these environmentally sensitive areas. Permittee shall ensure the delineation materials are monitored daily, and maintained, repaired, or replaced immediately if the materials are damaged, lost, stolen, or become ineffective in any way. The Designated Biologist(s) shall ensure the delineation materials do not create a barrier to wildlife movement and will not pose a risk to wildlife safety.
2.7 Wildlife Species. To avoid impact to any non-listed wildlife species, a Designated Biologist shall inspect the project area prior to any project activities. Any individuals found shall not be harassed and shall be allowed to leave the project 858
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area unharmed. If needed, a Designated Biologist may guide, handle, or capture an individual non-listed wildlife species to move it to a nearby safe location within nearby refugium, or it shall be allowed to leave the project site of its own volition.
Capture methods may include hand, dip net, lizard lasso, snake tongs and snake hook. If the wildlife species is discovered or is caught in any pits, ditches, or other types of excavations, the Designated Biologist shall release it into the most suitable habitat near the site of capture.
2.8 Educational Program. Permittee shall conduct an education program (Education Program) for all persons employed or otherwise working on the Project prior to performing any work on site. The Education Program shall consist of a presentation from a Designated Biologist(s) that includes a discussion of the biology of the habitats and species identified in this Agreement and present at the Project site. The Designated Biologist(s) shall also include as part of the Education Program information about the distribution and habitat needs of any protected species that may be present, legal protections for those species, penalties for violations and Project-specific protective measures included in this Agreement. Interpretation shall be provided for non-English speaking workers, and the same instruction shall be provided for any new workers prior to their performing work on site. The Permittee shall prepare and distribute wallet-sized cards or a fact sheet that contains this information for workers to carry on site.
Upon completion of the Education Program, employees shall sign a form stating they attended the Education Program and understand all protection measures.
These forms shall be filed at the worksite offices and be available to CDFW upon request. The Education Program shall be repeated annually for part of the Project extending more than one (1) year. Copies of the Education Program’s materials shall be maintained at the Project site for workers to reference as needed.
2.8.1 Invasive Species Education Program. Permittee shall include an invasive species education program for all persons working on the Project prior to the performing any work on site. The invasive species education program shall consist of a presentation from a Designated Biologist(s) that includes a discussion of the invasive species currently present within the Project site as well as those that may pose a threat to or have the potential to invade the Project site. The discussion shall include a physical description of each species and information regarding their habitat preferences, local and statewide distribution, modes of dispersal, and impacts. The invasive species education program shall also include a discussion of Best Management Practices (BMPs) to be implemented at the Project site to avoid the introduction and spread of invasive species into and out of the Project site.
2.9 Daily Clearance Survey. Before the start and end of daily Project activities. The Designated Biologist or Biological Monitor shall survey the Project area to ensure wildlife incidentally trapped due to project activities are allowed to escape. 859
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2.9.1 Excavated Areas. At the end of each workday, Permittee shall, with the oversight of the Designated Biologist(s) or a trained construction management staff, secure any open trench or excavated area within the Project area addressed by this Agreement such that animals are unable to enter and become entrapped. The excavated areas must be secured using appropriate site- and species-specific methods, such as, placing plywood or other barrier materials over the excavated area, placing an escape ramp of suitable material and at an angle no greater than 30 degrees at each end of the open trench/excavated area, or installing temporary fencing around the perimeter of trenches or holes.
2.9.2 Check for Wildlife in Pipes/Construction Materials. Permittee shall visually inspect all sections of pipe/construction materials for the presence of wildlife sheltering within them prior to the pipe sections being placed in the trench and attached together or shall have the ends capped while stored on site to prevent wildlife from entering. After attaching the pipe sections to one another, whether in the trench or not, the exposed end(s) of the pipeline shall be capped at the end of each day during construction to prevent wildlife from entering and being trapped in the pipeline. All pipes, hoses, or similar structures less than 12 inches in diameter shall be closed or covered to prevent animal entry.
2.10 Lighting and Fencing. No lighting shall be allowed to impact Highland Wash, Smith Creek, and Pershing Creek, or other avoided natural space areas. Lighting and fencing for infrastructure adjacent to these areas shall be designed or reviewed by a qualified biologist to allow wildlife to move within the streams and avoided natural areas without hindrance.
Nesting Bird Protection
2.11 Nesting Birds. It is the Permittee’s responsibility to avoid impacts to nesting birds.
Permittee shall ensure that impacts to nesting birds are avoided by assigning a Designated Biologist to complete pre-construction surveys, determine/establish appropriate avoidance and minimization measures, and monitor the efficacies of these measures. The Designated Biologist must have experience with conducting bird surveys using appropriate survey methodology (e.g., Ralph et al. 19932) and United States Fish and Wildlife Service [USFWS] and/or CDFWaccepted species-specific survey protocols, available here:
https://wildlife.ca.gov/conservation/survey-protocols; nesting surveying techniques, recognizing breeding and nesting behaviors, locating nests and 2 Ralph, C.J., G.R. Geupel, P. Pyle, T.E. Martin, and D.F. DeSanta. 1993. Handbook of field methods for monitoring land birds. General Technical Report PSW-GTR 144. USDA Forest Service Pacific Southwest Research Station. Albany, CA. 860
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breeding territories, and identifying nesting stages and nest success (e.g., Martin and Geupel 19933)
2.11.1 Nesting Bird Pre-construction Surveys. Surveys shall be conducted by the Designated Biologist at the appropriate time of day/night, during appropriate weather conditions, within three (3) days prior to the initiation of Project activities addressed by this Agreement. Surveys shall encompass all suitable areas including trees, shrubs, bare ground, burrows, cavities, and structures. Survey duration shall take into consideration the size of area subject to this Agreement; density, and complexity of the habitat; number of survey participants; survey techniques employed; and shall be sufficient to ensure the data collected is complete and accurate. Pre-construction surveys shall focus on both direct and indirect evidence of nesting, including nest locations and nesting behavior (e.g., copulation, carrying of food or nest materials, nest building, removal of fecal sacks, flushing suddenly from atypically close range, agitation, aggressive interactions, feigning injury or distraction displays, or other behaviors). If a nest is suspected, but not confirmed, the Designated Biologist shall establish a disturbance-free buffer until additional surveys can be completed, or until the location can be inferred based on observations. The Designated Biologist shall not risk failure of the nest to determine the exact location or status and will make every effort to limit the nest to potential predation as a result of the survey/monitoring efforts (e.g., limit number of surveyors, limit time spent at/near the nest, scan the site for potential nest predators before approaching, immediately depart nest area if indicators of stress or agitation are displayed). If a nest is observed, but thought to be inactive, the Designated Biologist shall monitor the nest for one hour (four hours for raptors during the non-breeding season) prior to approaching the nest to determine status. The Designated Biologist shall use their best professional judgement regarding the monitoring period and whether approaching the nest is appropriate. Results of pre-construction surveys shall be provided to CDFW at least one business day prior to commencement of Project activities. Results of ongoing monitoring surveys shall be provided to CDFW upon request.
2.11.2 Buffers. When an active nest is confirmed, the Designated Biologist shall immediately establish a conservative buffer surrounding the nest based on their best professional judgement and experience. The buffer shall be delineated to ensure that its location is known by all persons working within the vicinity but shall not be marked in such a manner that it attracts predators. Once the buffer is established, the Designated Biologist shall document baseline behavior, stage of reproduction, and existing site 3 Martin, T.E. and G.R. Geupel. 1993. Nest-monitoring plots: methods for locating nests and monitoring success. Journal of Field Ornithology 64:507-514.
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conditions, including vertical and horizontal distances from proposed work areas, visual or acoustic barriers, and existing level of disturbance. The Designated Biologist shall monitor the nest at the onset of Project activities addressed by this Agreement, and at the onset of any changes in Project activities (e.g., increase in number or type of equipment, change in equipment usage, etc.) to determine the efficacy of the buffer. If the Designated Biologist determines that Project activities may be causing an adverse reaction, the Designated Biologist shall adjust the buffer accordingly.
2.11.3 Ongoing Monitoring. The Designated Biologist shall be onsite daily to monitor all existing nests, the efficacy of established buffers, and to document any new nesting occurrences. The Designated Biologist shall document the status of all existing nests, including the stage of reproduction and the expected fledge date. If a nest is suspected to have been abandoned or failed, the Designated Biologist shall monitor the nest for a minimum of one hour (four hours for raptors), uninterrupted, during favorable field conditions. If no activity is observed during that time, the Designated Biologist may approach the nest to assess the status.
2.11.4 Securing Site. The Permittee, under the direction of the Designated Biologist, may also take steps to discourage nesting on the Project site, including moving equipment and materials daily, covering material with tarps or fabric, and securing all open pipes and construction materials.
The Designated Biologist shall ensure that none of the deterrent materials pose an entanglement risk to birds or other species. The Designated Biologist shall include a detailed account of any steps taken to discourage nesting within the Project site in the summary reports.
2.11.5 Reporting. The Designated Biologist shall be responsible for providing summary reports, where relevant, to CDFW no less than once weekly regarding the nesting species identified onsite, discovery of any of new nests, the status/outcome of any previously identified nest, buffer distances established for each nest, and any adjustments made to established buffers. If Project activities result in the abandonment of, or damage to a nest, Permittee shall notify CDFW within 24 hours of detection.
Burrowing Owl Protection
2.12 Burrowing Owl. Permittee shall ensure that impacts to burrowing owls are avoided through the implementation of pre-construction surveys, ongoing monitoring, and if necessary, establishment of minimization and mitigation measures.
2.12.1 Focused Survey for Burrowing Owls. Because the burrowing owl habitat assessment identifies suitable burrowing owl habitat onsite, Permittee 862
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shall have a qualified Designated biologist, pre-approved by CDFW, perform a survey for burrowing owls between 30 and 60 days prior to any Project impacts. If the Project site is in within the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) Burrowing Owl Survey Area, the following is required. A minimum of one site visit must occur, but additional visits may be warranted depending on the results of the first site visit. Surveys conducted during the breeding season March 1 - August 31 are required to describe if, when, and how the site is used by burrowing owls. All surveys shall be conducted as described in Parts A and B below. Surveys shall be conducted during weather that is conducive to observing owls outside their burrows and detecting burrowing owl sign. Surveys will not be accepted if they are conducted during rain, high winds (> 20 mph), dense fog, or temperatures over 90 °F. Part B surveys shall be conducted in the morning one hour before sunrise to two hours after sunrise or in the early evening two hours before sunset to one hour after sunset. Count and map all burrowing owl sightings, occupied burrows, and burrows with owl sign. Record the location of all owls including numbers of pairs and juveniles and any behavior such as courtship and mating. Map the extent of all suitable habitat. Owl signs may not be detectable if surveys under Part A are conducted within 5 days following rain. Absence of burrowing owl sign cannot be used to confirm absence of the species if the focused burrow survey (Part A) is conducted within 5 days of rain; therefore, in this instance, completion of all four focused burrowing owl surveys (Part B) is required.
Part A: Focused Burrow Surveys
A focused burrow survey that includes natural burrows or suitable manmade structures needs to be conducted as described below.
1. A systematic survey for burrows including burrowing owl sign shall be conducted by walking through suitable habitat over the entire survey area (i.e., the Project site and within 150 meters).
Pedestrian survey transects need to be spaced to allow 100% visual coverage of the ground surface. The distance between transect center lines should be no more than 30 meters
(approximately 100 ft.) and should be reduced to account for differences in terrain, vegetation density, and ground surface visibility. To efficiently survey Projects larger than 100 acres, it is recommended that two or more qualified surveyors conduct concurrent surveys.
2. The location of all suitable burrowing owl habitat, potential owl burrows, burrowing owl signs, and any owls observed shall be recorded and mapped, including GPS coordinates. If the survey area contains natural or man-made structures that could 863
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potentially support burrowing owls, or owls are observed during the burrow surveys, the systematic surveys shall continue as described in Part B. If no potential burrows are detected, no further surveys are required. A written report including photographs of the Project site, location of burrowing owl habitat surveyed, location of transects, and burrow survey methods shall be prepared and submitted to CDFW.
Part B: Focused Burrowing Owl Surveys
Focused Burrowing Owl Surveys shall consist of site visits on four separate days at least one week apart. The first one may be conducted concurrent with the Focused Burrow Survey.
1. Upon arrival at the survey area and prior to initiating the walking surveys, surveyors using binoculars or spotting scopes shall scan all suitable habitat, location of mapped burrows, owl sign, and owls, including perch locations to ascertain owl presence. This is particularly important if access has not been granted for adjacent areas with suitable habitat.
2. A survey for owls and owl sign shall then be conducted by walking through suitable habitat over the entire Project site and within the adjacent 150 m (approx. 500 feet), if permission to access the buffer area has been obtained. These “pedestrian surveys” should be spaced to allow 100% visual coverage of the ground surface.
The distance between transect center lines should be no more than 30 meters (approx. 100 feet.) and should be reduced to account for differences in terrain, vegetation density, and ground surface visibility. To efficiently survey projects larger than 100 acres, it is recommended that two or more qualified surveyors conduct concurrent surveys. It is important to minimize disturbance near occupied burrows during all seasons.
3. If access is not obtained, then the area adjacent to the Project site shall also be surveyed using binoculars or spotting scopes to determine if owls are present in areas adjacent to Project site.
This 150-meter buffer zone is included to fully characterize the population. If the site is determined not to be occupied, no further surveys are required except as described below.
2.12.2 Burrowing Owl Focused Survey Results. Permittee shall submit the survey methodology and results within ten days of survey completion and at least twenty-one days prior to commencement of Project activities addressed by this Agreement to CDFW Inland Deserts Region at the address below under Contact Information. Results shall discuss the survey methodology, transect width, duration, conditions, and results 864
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of the survey. Appropriate maps showing burrow locations shall be included. If the report indicates further surveys are not required, then the report should state the reason(s) why further focused burrowing owl surveys are not necessary.
2.12.3 Burrowing Owl Pre-Construction Inspection. If burrows or suitable burrowing owl habitat is found onsite, Permittee shall have a qualified biologist, pre-approved by CDFW, inspect all burrows that exhibit typical characteristics of owl activity within three (3) days prior to any ground disturbing or site-preparation activities. Evidence of owl activity may include presence of owls themselves, burrows, and owl signs at burrow entrances such as pellets, whitewash or other “ornamentation,” feathers, prey remains, etc. If owl presence is difficult to determine, Permittee shall monitor the burrows with motion-activated trail cameras for at least 24 hours to evaluate burrow occupancy. If it is evident that the burrows are actively being used, Permittee shall not commence activities until no sign is present that the burrows are being used by adult or juvenile owls or following CDFW approval of a Burrowing Owl Plan. CDFW shall be notified in writing of detection of active burrows within three (3) days.
2.12.4 Burrowing Owls Observed During Construction. If burrowing owls are observed within Project Site(s) during Project implementation and construction, Permittee shall notify CDFW immediately in writing at the address below under Contact Information (reference SAA# EPIMS-RIV54902-R6). Further, Permittee shall be responsible for implementing appropriate avoidance and mitigation measures, including burrow avoidance, passive or active relocation, or other appropriate mitigation measures as identified in the Burrowing Owl Plan.
2.12.5 Burrowing Owl Plan. If burrowing owls are detected on the Project site, the Permittee shall prepare a Burrowing Owl Plan that shall be submitted to CDFW for review and approval at least 30 days prior to initiation of Project activities. If burrowing owls are detected after Project activities have been initiated, a Burrowing Owl Plan shall be submitted to CDFW for review and approval within two weeks of detection and no Project activity shall continue within 1000 feet of the burrowing owls until CDFW approves the Burrowing Owl Plan. The Burrowing Owl Plan shall describe proposed avoidance, relocation, monitoring, minimization, and/or mitigation actions. If the site is within an MSHCP Criteria Area, then at least 90 percent of the area with long-term conservation value shall be included in the MSHCP Conservation Area. If the Project site (including adjacent areas) supports three or more pairs of burrowing owls and supports greater than 35 acres of suitable habitat and is noncontiguous with MSHCP Conservation Area lands, at least 90 percent of the area with long-term conservation value and burrowing owl pairs shall be conserved onsite. The Burrowing Owl Plan shall include the number 865
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and location of occupied burrow sites and details on proposed buffers if avoiding the burrowing owls or information on the adjacent or nearby suitable habitat available to owls for relocation. If no suitable habitat is available nearby for relocation, details regarding the creation and funding of artificial burrows (numbers, location, and type of burrows) and management activities for relocated owls shall also be included in the Burrowing Owl Plan. The Permittee shall implement the Burrowing Owl Plan following CDFW review and approval.
Crotch’s Bumble Bee
2.13 Crotch’s Bumble Bee – Habitat Mapping. No less than 120 days prior to the initiation of activities addressed by this Agreement, Permittee shall complete and submit to CDFW for review and comment a baseline habitat mapping report encompassing Fish and Game Code section 1602 resources (including channel side slopes) identified under this Agreement. Mapping will identify habitat alliances following Sawyer et al. (2009[1]) and the report will identify species composition for each mapped alliance. Results of the habitat mapping effort shall be submitted to CDFW.
2.14 Crotch’s Bumble Bee – Surveys. If the habitat mapping addressed by this agreement identifies the presence of plants (e.g., genera Antirrhinum, Phacelia, Clarkia, Cordylanthus, Dendromecon, Eschscholzia, Eriogonum, Hypericum, Lantana, Lupinus, Salvia, Asclepias, Cirsium, Monardella, Keckiella, Acmispon, Euthamia, Ehrendorferia, Vicia, and/or Trichostema) or other suitable habitat (i.e. nesting, foraging, and overwintering habitat), Permittee shall:
2.14.1 Retain an appropriately qualified biologist to prepare a draft survey plan, and conduct surveys for Crotch’s bumble bee. The name and qualifications of the proposed biologist shall be submitted to CDFW for review and comment prior to preparation of the draft survey plan or commencement of surveys. The qualifications shall clearly identify direct experience conducting surveys for and identification of Crotch’s bumble bee.
2.14.2 No Less than 90 days prior to initiation of Project activities within suitable habitat addressed by this Agreement, the qualified biologist shall prepare and submit to CDFW for review and comment a draft survey plan for Crotch’s bumble bee. Survey methodology shall generally follow the U.S. Fish and Wildlife Service protocol for the Rusty Patched bumble bee (USFWS 2019[2]). Crotch’s bumble bee are typically active between March and September, with peak activity coinciding with peak forage blooming periods. CDFW recommends the completion of multiple surveys, coinciding with the peak blooming periods of the plant genera as listed above. The survey plan will identify the timing, number, and duration of survey efforts, and procedures to follow should Crotch’s bumble bee be 866
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detected within the Project area. The survey plan shall be submitted to CDFW.
2.14.3 The qualified biologist shall complete surveys for Crotch’s bumble bee, following the CDFW-reviewed survey plan. Following completion of surveys, and no less than 30 days prior to initiation of Project activities within suitable habitat addressed by this Agreement, survey results shall be submitted to CDFW for review and comment.
Survey results will describe the number and timing of surveys, and results of survey efforts. If Crotch’s bumble bee are detected during surveys, Project activities shall NOT occur in any occupied habitat areas and the qualified biologist shall immediately notify CDFW via the email addresses and phone number listed below under Contact Information.
Focused surveys conducted within the year of signing this Agreement shall be valid until January 31 of the following year. Delay of ground disturbance following after January 31 shall result in the Permittee resurveying the area for CBB.
2.14.4 Permittee shall conduct flight/forage and nest search surveys for the species in the following manner:
2.14.4.1 Surveys shall be conducted during the appropriate season, between February 1 and October 31.
2.14.4.2 Work sites containing any one or more of the following habitat requisites shall be surveyed: flowering vegetation, any potential preferred nectar plants, small mammal burrows, bunch grasses, thatch, brush piles, old bird nests, dead trees.
2.14.4.3 During the flight survey effort, if bumble bees are observed using any animal burrow entrances, the approved qualified biologist will block/cover any burrow entrance with a
sandbag/jar/vial (or similar) of appropriate size and return in 30 minutes to determine if the bees are potential Crotch’s bumble bee and if a potential nest could be present. If bumble bees are observed using bunch grasses, thatched annual grasses, brush piles, old bird nests, dead trees, or hollowed logs, the resource area will be flagged and monitored by the approved qualified biologist for 15 minutes to determine if a potential nest could be present.
2.14.5 To reduce potential impacts to Crotch’s bumble bee to the greatest extent feasible the following measures shall be included in the Crotch’s bumble bee survey plan:
2.14.5.1 If during vegetation removal and ground clearing activities an overwintering or dead Crotch’s bumble bee is observed,
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activities shall immediately stop, and a 100 ft Environmentally Sensitive Area boundary will be erected around the spot where the bee was found. A Crotch’s bumble bee approved qualified biologist will be notified and will evaluate the site where the bee was found. CDFW will be immediately notified thereafter for consultation.
Best Management Practices
2.15 Best Management Practices. Permittee shall actively implement BMPs to prevent erosion and the discharge of sediment and pollutants during Project activities.
BMPs shall be monitored and repaired if necessary to ensure maximum erosion, sediment, and pollution control. Permittee shall prohibit the use of erosion control materials potentially harmful to fish and wildlife species, such as mono-filament netting (erosion control matting) or similar material. All fiber rolls, straw wattles, 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. Nonwelded weaves reduce entanglement risks to wildlife by allowing animals to push through the weave, which expands when spread. Permittee shall ensure BMPs do not pose a barrier to wildlife movement and shall be installed to allow for the safe passage of wildlife movement, particularly of less vagile species (such as small mammals and reptiles), out of the Project area. Long, continuous lengths of silt-fencing or other BMP materials installed without gaps can create a barrier to wildlife movement, trapping wildlife within the Project area. Areas of safe passage can be easily accommodated by leaving small gaps between parallel and overlapping lengths of BMPs.
2.15.1 If work is performed within the stream channel during the winter storm period, the Permittee shall monitor the five (5) day weather forecast. If it is forecasted for any precipitation, work activities shall involve the securing of the site, so as no materials may enter or be washed into the stream.
The site shall be completely secured one (1) day prior to precipitation, unless prior written approval has been provided by CDFW. During period of precipitation, no construction activities may occur; activities involving the preventing of materials from entering the stream or being washed downstream may be conducted.
Equipment and Vehicles
2.16 Equipment and Vehicles. Any equipment or vehicles driven and/or operated within or adjacent to the stream/lake shall be checked and maintained daily, to prevent leaks of materials that if introduced to water could be deleterious to aquatic life. No equipment maintenance shall be done within or near any stream, 868
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channel, or lake margin where petroleum products or other pollutants from the equipment may enter these areas under any flow.
2.17 Clean Equipment Prior to Entering Area Regulated by Agreement. All equipment shall be free of materials deleterious to aquatic life including noxious and nuisance weeds, aquatic invasive species, oil, grease, hydraulic fluid, soil, and other debris. The Permittee shall follow equipment washing guidelines certify that decontamination, as specified in the sub-measures below, has been completed, and shall require operator of equipment to re-certify equipment upon reentry to areas by this Agreement after contact with water and/or wet soil from a stream or lake in areas outside those regulated under this Agreement.
2.17.1 Clean and Inspect Equipment Prior to Entering Stream. Permittee shall inspect all vehicles, tools, waders and boots, and other Project-related equipment and remove all visible soil/mud, plant materials, and animal remnants prior to initially entering areas regulated by this Agreement. Any contaminants shall be cleaned prior to any work within a streambed and shall be maintained daily. In addition, equipment shall be cleaned daily to ensure pollutants and non-natives are not introduced into mitigation areas or spread throughout Project sites.
2.17.2 Decontamination of Project Equipment. Prior to initially entering, and upon reentering areas subject to the this Agreement, Permittee shall decontaminate all tools, waders and boots, vehicles, trailers, and other equipment that will be used in areas regulated by this Agreement and make contact with water or wetted soils. Permittee shall decontaminate Project gear and equipment utilizing one of four methods: drying, using a hot water soak, hot-water pressure washing, or 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 hard to reach areas and clean areas with a stiff-bristled brush to remove all plant, seeds, soil, and other organisms. To decontaminate by drying, Permittee shall allow equipment to dry thoroughly (i.e., until there is a complete absence of water and all plant, seeds, and soil), preferably in the sun, for a minimum of 48 hours. To decontaminate using hot water, Permittee shall immerse equipment in 140°F or hotter water and soak for a minimum of 5 minutes or by pressure washing with hot water 140°F minimum at the point of contact or 155°F at the nozzle. To decontaminate by freezing, Permittee shall place equipment in a freezer 32°F or colder for a minimum of 8 hours. Repeat decontamination is required only if the equipment/clothing is removed from the site, used in contact with water or wet soil within a different watershed, and returned to the Project site.
2.17.3 Decontamination Sites. Permittee shall perform decontamination of vehicles, watercraft, and other Project gear and equipment in a designated 869
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location where runoff can be contained and not allowed to pass into any river, lake, or stream and associated riparian areas and other sensitive habitat areas. Cleaning of equipment may occur at a location that contains and recycles resulting wastewater.
2.18 Stationary Equipment. Stationary equipment such as motors, pumps, generators, and welders, located within or adjacent to the stream/lake shall be positioned over drip pans. Stationary heavy equipment shall have suitable containment to handle a catastrophic spill/leak. Clean up equipment such as extra booms, absorbent pads, skimmers, shall be on site prior to the start of construction.
2.19 Staging and Storage Areas. Staging/storage areas for equipment and materials shall be located outside of the stream/lake. Any materials placed in seasonally dry portions of a stream or lake that could be washed downstream or could be deleterious to aquatic life shall be removed from the Project site prior to inundation by high flows.
Trash and Pollution Measures
2.20 Trash Abatement and Refuse Removal. Permittee shall ensure that trash and food items are contained in animal-proof containers and removed at the end of each work day to avoid attracting opportunistic predators such as ravens, coyotes, and feral dogs. Upon completion of Project activities within each Project location, Permittee shall remove and properly dispose of all construction refuse, including, but not limited to, broken equipment parts, wrapping material, cords, cables, wire, rope, strapping, twine, buckets, metal or plastic containers, and boxes.
2.21 Pollution and Litter. 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 Permittee to ensure compliance.
2.21.1 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 may be washed back into a lake, streambed, or flowing stream where it may impact streambed habitat and aquatic or riparian vegetation.
2.21.2 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.
2.21.3 No equipment maintenance shall be done within or near any lake, 870
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streambed, or flowing stream where petroleum products or other pollutants from the equipment may enter these areas under any flow.
2.22 Spill Containment. All activities performed in or near a stream shall have absorbent materials designated for spill containment and cleanup activities onsite for use in an accidental spill. If a spill occurs the Permittee shall immediately notify the California Emergency Management Agency at 1-800-852-7550 and immediately initiate the cleanup activities. CDFW shall also be notified within 24 hours by the Permittee and consulted regarding clean-up procedures.
Invasive Species
2.23 Prohibited Plant Species. Permittee shall not plant, seed or otherwise introduce invasive exotic plant species. Prohibited exotic plant species include those identified in the California Exotic Pest Plant Council's database, which is accessible at: https://www.cal-ipc.org/plants/inventory/.
2.24 Notification of Invasive Species. Permittee shall notify CDFW immediately if an invasive species not previously known to occur within the Project site is discovered during Project activities by submitting a completed Suspect Invasive Species Report (available online at:
https://wildlife.ca.gov/Conservation/Invasives/Report) and photos to the Invasive Species Program by email at: [email protected]. Notification may also be provided by calling (866) 440- 9530. Upon receiving notification, CDFW will provide Permittee with guidance for further action as appropriate to the species.
Diversion Plan
2.25 Diversion Plan. If Project activities are proposed to occur at any time when flowing water is present or reasonably anticipated, Permittee shall submit to CDFW for review and approval a water diversion/dewatering plan a minimum of 30 days before initiating Project activities involving water diversion.
Downstream Flow
2.26 Maintain Pre-Project Flows. Permittee shall design all flow conveyance structures to maintain downstream timing and volume of flows to Highland Wash, Smith Creek, and Pershing Creek, to pre-Project flow patterns. Permittee shall ensure turbidity, siltation, or pollution is not increased to downstream reaches. Flows to downstream reaches shall be provided during all times that the natural flow would have occurred. Normal flow shall be restored to the affected stream immediately upon completion of work at that location. Permittee shall monitor downstream conditions to ensure pre-Project flow patterns are maintained.
3. Compensatory Measures
To compensate for adverse impacts to fish and wildlife resources identified above that cannot be avoided or minimized, Permittee shall provide mitigation for permanent and 871
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temporary impacts through measure 3.1, 3.2, and an option between 3.3 or 3.4 and each sub-measure thereafter.
3.1 Habitat Restoration – On-site (On-site Temporary Restoration). To compensate for the temporary impacts of 0.09 acres of fish and wildlife resources subject to Fish and Game Code section 1600 et seq., Permittee shall restore no less than
0.18 acres of in-kind streambed and associated habitat.
3.1.1 Restoration of Temporary Impacts. Upon completion of construction activities, Permittee shall restore all temporary impacts to pre-project conditions or better. Restoration activities should include, but not be limited to: contouring the ground surface to pre-impact grade; removing all construction related materials, trash, and debris; and replacing any natural materials/refugia moved during Project activities. Photo documentation and reporting of restoration efforts will be included in the Project Completion Report.
3.2 Development of Memorandum of Understanding. Permittee shall enter into a Memorandum of Understanding (MOU) with the members of the ‘Smith Creek Stakeholder Group’ within 6 months of Project completion. The objective of the MOU is to collectively develop an Action Plan that is agreeable to all parties. The action plan will include, but is not limited to, funding responsibilities, restoration goals, long-term monitoring and testing goals, schedule of updates to resource agencies, goals for maintenance, and adaptive management strategies.
Additional details on items included in the action plan are described below, but are subject to change based on the agencies’ decisions:
3.2.1 Five-Year Study. The MOU’s Action Plan shall include a 5-year study that monitors the function of the Project’s catch basins and corridor in its developed condition (annual reports shall be provided over the course of the 5-year study to demonstrate consistency or change in sediment distribution over time as part of the MOU’s schedule of updates to resource agencies). The study shall describe the methods used to collect data on the system’s sediment transport function and potential flaws in the methods used. Methods may include activities such as: repetitive channel elevation surveys; discharge and turbidity measurements; streambed material or condition characterization; bedload and suspended load sampling or rating curves; or other acceptable quantitative methods.
3.2.2 Adaptive Management Strategies. The MOU’s Action Plan shall utilize the data collected from the 5-year monitoring plan and compare the function of the developed Project area to the historical transport function of Smith Creek. If it is determined that the sediment distribution has lowered, the Action Plan shall propose adaptive management strategies necessary for maintaining sediment distribution equilibrium. These adaptive management strategies shall then be included in the completion of a 872
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Sediment Restoration Plan that will be used in perpetuity.
3.2.3 Development of Sediment Restoration Plan The MOU’s Action Plan shall include a Sediment Restoration Plan that will assist in monitoring, recording, and maintaining the amount of sediment conveyed past the downstream end of the Project site as well as the overall Smith Creek system.
3.2.4 Maintenance of Culverts. Maintenance inspections of the reinforced concrete box (RCB) culverts shall be included as part of the Sediment Restoration Plan. Maintenance inspections are proposed to occur regularly (at a minimum annually) prior to flood season and after any significant runoff event. Accumulated debris and sediment at the RCB opening and support piers would be monitored and transported downstream in the absence of sediment flow.
3.3 Habitat Rehabilitation and Enhancement – Offsite (Mitigation Site). Permittee shall compensate for permanent impacts of 0.37 acres to stream bed, bank, and channel, through the acquisition, and perpetual conservation and management of a “Mitigation Site”, or several mitigation sites, containing no less than 1.3 acres of streambed and stream-associated habitat within Western Riverside County.
The Permittee shall prepare, or fund the preparation of, a Habitat Mitigation and Monitoring Plan (HMMP;) to be reviewed and approved by CDFW; and a LongTerm Management Plan (LTMP;) designed to sustain or surpass the habitat quality of the Mitigation Site in perpetuity. Permittee shall also establish long-term management funding. Permanent protection and funding for perpetual management of Habitat Management lands must be complete prior to initiation of Project activities, or within 18 months of starting Project activities if Security is provided for all uncompleted obligations.
3.3.1 Habitat Acquisition and Protection. Permittee shall obtain written approval from CDFW for the proposed Mitigation Site(s) with a minimum of 1.3 acres of offsite streambed and stream-associated habitat. Permittee shall submit a proposed Mitigation Site, including pertinent biological resources information and a preliminary title report, for CDFW review and approval no later than five months prior to the start of Project activities OR four months following start of Project activities if Security is provided.
3.3.2 Mitigation Site Conservation Easement. After CDFW approval of the Mitigation Site and no later than four months prior to the start of Project activities OR six months following start of Project activities if Security is provided. Permittee shall provide to CDFW, for review and approval, a draft Conservation Easement (CE) prepared using a CDFWprovided CE template, a preliminary title report, and a Phase I environmental assessment. Permittee shall also provide the necessary documents specified in the CDFW Habitat Management Land Acquisition 873
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Package Checklist for Third Party Beneficiary (TPB) Project Applicants or a revised version to be provided by CDFW, in preparation for conservation easement(s) recordation. All documents conveying the Mitigation Site(s) and all conditions of title are subject to the review and approval of CDFW prior to recordation of the CE. Permittee shall ensure the preservation and long-term management of the CDFW-approved 1.3 acres of streambed and stream-associated habitat within the Mitigation Site(s) through recordation of a conservation easement(s). Permittee shall record a CE approved by CDFW with an entity, to be approved by CDFW in its sole discretion, acting as grantee for the CE. Permittee shall also provide the necessary documents requested by CDFW for due diligence review at the time the grantee is proposed. CDFW shall be expressly named in the CE as a third-party beneficiary. The CE shall expressly require implementation of the LTMP by the grantor, and land manager, as authorized by the grantor and landowner, and shall expressly require the grantee to monitor implementation of the LTMP. Permittee shall record the CE after CDFW approval of the CE and all associated documents prior to the start of Project activities OR within 18 months following start of Project activities if Security is provided. Permittee shall be responsible for all costs associated with the CE, including recording, CE monitoring, and long-term management costs.
3.3.3 Mitigation Site Land Manager. After CDFW approval of the Mitigation Site and no later than four months prior to the start of Project activities OR six months following start of Project activities if Security is provided, Permittee shall obtain CDFW approval of a land manager entity to manage the Mitigation Site. Permittee shall identify separate entities to fulfill the grantee and land manager roles and shall not identify the same entity to fulfill both roles. Permittee shall also provide the necessary documents requested by CDFW for due diligence review at the time the land manager is proposed. Permittee shall also obtain CDFW approval of an interim Mitigation Site land manager if they are different than the long-term Mitigation site manager. The interim and/or long-term land managers may be the landowner or another party approved by CDFW. Documents related to land management shall identify both the interim and long-term land managers. Permittee shall notify CDFW, for review and approval, of any subsequent changes in the land manager within 30 days of the change.
3.3.4 Start-Up Activities. Permittee shall provide for the implementation of startup activities, including the initial site protection of the CDFW-approved Mitigation Site(s). Start-up activities include, at a minimum: 1) preparing both a HMMP and a LTMP for CDFW approval, 2) conducting baseline biological assessment and land survey report during the first growing season, 3) developing and transferring to the Geographic Information Systems (GIS) data if applicable, 4) establishing initial fencing (if 874
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necessary), 5) conducting initial removal of litter and debris, and 6) installing signage.
3.3.5 Habitat Mitigation and Monitoring Plan. After CDFW approval of the Mitigation Site and no later than four months prior to the start of Project activities OR six months following start of Project activities if Security is provided, Permittee shall submit to CDFW for review and written approval a Habitat Mitigation and Monitoring Plan (HMMP). At a minimum, the HMMP shall include the following:
3.3.5.1 Restoration Specialist. Preparation of the HMMP shall be by persons with expertise in southern California ecosystems and native plant re-vegetation techniques (restoration specialist).
Planting, maintenance, monitoring, and reporting activities shall be overseen by the restoration specialist familiar with restoration of native plants.
3.3.5.2 Site Description. A description of the physical conditions and vegetation communities including a map and GIS shapefiles.
Photo-documentation of restored areas shall be provided before and after restoration.
3.3.5.3 Planting Plan. Details of the site preparation consisting of a detailed contouring/grading plan and details of native plant installation (Planting Plan), including the type and number of materials to be used (e.g., local native seeds, cutting, and/or container stock), source(s) of the materials, planting location, methods of installation, and a local California native plant palette. This Planting Plan shall include plantings of both overstory and understory vegetation as appropriate. All seeded/planted species installed shall include only local California native container plants and cuttings and shall be typical of the existing native plant species present within, or immediately adjacent to the site. The Planting Plan shall have adequate detail regarding the sampling plan so that it can be duplicated by different people and shall include a sample data collection sheet that shows appropriate data to be collected per the proposed sampling methodology.
3.3.5.4 Native Plant Sources. Plant material for revegetation shall be derived from cuttings, materials salvaged from disturbed areas, and/or seeds obtained from randomly selected native trees and shrubs occurring locally within the same drainages. Any replacement tree/shrub stock, if used, which cannot be grown from cuttings or seeds, shall be obtained from a native plant nursery, be ant-free, and shall not be inoculated to prevent heart 875
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rot.
3.3.5.5 Sampling Techniques. The sampling techniques (e.g., quadrats, transects, or relevé) to be used to collect quantitative/qualitative data (e.g., vegetation relative/absolute cover, density, diversity indices, recruitment, survivorship, etc.) for baseline conditions and to establish and measure success criteria.
3.3.5.6 Survey Timing. The primary monitoring surveys to determine the success of restoration efforts (survival, cover, and growth of plants) shall be conducted at a minimum twice annually, preferably in May and September.
3.3.5.7 Maintenance Activities. A description of maintenance operations with particular emphasis on invasive species control and watering methods and schedules; details on any irrigation to be used, if applicable, that includes method of watering; sprinkler placement, if applicable; and timing/schedule; irrigation may only be used to help the plants become established during the first three years following planting. Watering/ irrigation of the site shall be discontinued at least two years prior to completion of the monitoring period.
3.3.5.8 Corrective Actions: A description of corrective actions to be taken when restoration measures do not meet the proposed targets.
3.3.5.9 Success Criteria. The HMMP shall identify the success criteria for the Mitigation Site and shall be compared against an appropriate reference site with as good or better-quality habitat then the pre-Project impact site. The reference site shall be approved by CDFW. The success criteria shall include percent relative and absolute cover (invasive and native vegetation), species diversity, abundance, and any other measures of success deemed appropriate by CDFW. Permittee shall be
responsible for any cost incurred during the
restoration/mitigation or in subsequent corrective measures.
3.3.5.10 Reporting. Permittee shall have the qualified restoration specialist monitor the recovery of plant, wildlife, and aquatic resources in the area following mitigation implementation.
Monitoring of plant, wildlife, and aquatic resources shall be done twice a year as outlined in the HMMP, through the term of restoration. The results and analysis shall be submitted with the annual restoration monitoring report to CDFW by February 1 of each year after mitigation implementation for at least 5 years and until mitigation success criteria have been met. This report 876
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shall include the status and any success trends (i.e.,
comparison throughout the 5 years of monitoring) for the success criteria outlined in the HMMP. Photos from designated photo stations shall be included.
3.3.5.11 Mitigation Success. After the fifth monitoring year, if the site has met the success criteria outlined in the HMMP, CDFW may request a site visit to determine if the mitigation portion of the Agreement is deemed complete. The site should be free of trash and any irrigation infrastructure shall be removed if it was used.
3.3.5.12 Property Analysis Record for Establishment and Success of Restoration Site. The Permittee shall prepare a Property Analysis Record (PAR), or PAR-equivalent analysis (hereinafter “Habitat Restoration PAR”) negotiated with the approved restoration ecologist to calculate the amount of funding necessary to ensure planning and engineering, restoration, monitoring, and legal fees for the establishment and success of mitigation sites subject to this Agreement. The analysis should include but is not limited to funding for adaptive invasive species management, trespass, monitoring, and fire management.
Permittee shall submit the results of the Habitat Restoration PAR to CDFW for review and approval.
3.3.6 Mitigation Site Long Term Management Plan. After CDFW approval of the mitigation Site and no later than three months prior to the start of Project activities OR seven months following start of Project activities if Security is provided, Permittee shall provide a Long-Term Management Plan (LTMP) to CDFW for review and written approval. The LTMP be implemented in perpetuity and shall be designed to sustain or surpass the habitat quality of the Mitigation Site(s) upon achieving HMMP success criteria as approved by CDFW in writing. At a minimum, the LTMP shall identify: 1) a description of the physical conditions of the Mitigation Site upon achieving HMMP success criteria, including water resources and habitat types, and a map that identifies the location of the site; 2) goals related to sustaining habitat quality, wildlife usage, and overall function of the Mitigation Site; and 3) specific tasks and management strategies proposed to meet those goals, including but not limited to fencing, invasive species management, trash and trespass control, and resource monitoring using a monitoring and management schedule, adaptive management plans, strategies to address foreseeable site disturbances (e.g., dumping, wildfires, unauthorized recreational activities, etc.), and maintenance of signage and fencing. The Permittee shall be responsible for implementing the LTMP and shall submit a Management Report every five years documenting, at a minimum: 1) management activities completed within the previous five-year term, 877
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including: (a) any remedial measures completed, (b) details of invasive species management including: (i) species and location where they were treated and/or removed, (ii) the amount and frequency of removal, and (iii) the techniques used, (c) fencing information (d) resource monitoring, adaptive management strategies developed and how they were implemented, and (d) enforcement activity necessary; 2) an assessment of overall habitat quality within the Mitigation Site, including: (a) any changes to native and non-native vegetation cover, (b) any shifts in habitat type, (c) any loss of habitat cover, (d) any change in water resources, and (e) any new invasive species observed; and 3) an evaluation of the success or failure of management strategies implemented and any changes to management strategies proposed in response to the successes or failures. The Management Report shall include photos documenting the management activities.
3.3.7 Mitigation Site Endowment Fund. Permittee shall ensure that the Mitigation Site is perpetually managed, maintained, and monitored by the land manager as described in this Agreement, the CE, and the LTMP approved by CDFW. After obtaining CDFW approval of the Mitigation Site, Permittee shall provide long-term management funding for the perpetual management of the Mitigation Site by establishing a separate long-term management fund (Endowment) for the site. The Endowment is a sum of money, held in a CDFW-approved fund that provides funds for the perpetual management, invasive species control (as needed), monitoring, and other activities on the Mitigation Site consistent with the management plan(s) required by Measure 3.3.4. Endowment as used in this Agreement shall refer to the endowment deposit and all interest, dividends, other earnings, additions, and appreciation thereon. The Endowment shall be governed by this Agreement, Government Code sections 65965-65968, as amended, and Probate Code sections 18501-18510, as amended.
After the interim management period, Permittee shall ensure that the designated long-term land manager implements the management and monitoring of the Mitigation Site according to LTMP. The long-term land manager shall be obligated to manage and monitor the Mitigation Site in perpetuity to preserve their conservation values in accordance with this Agreement, the CE, and the LTMP. Such activities shall be funded through the Endowment.
3.3.8 Identify an Endowment Manager. The Endowment shall be held by the Endowment Manager, which shall be an entity qualified pursuant to Government Code sections 65965-65968, as amended, and approved in writing by CDFW in its sole discretion. Permittee shall submit to CDFW a written proposal for an Endowment Manager along with a copy of the proposed Endowment Manager’s certification pursuant to Government Code section 65968(e). CDFW shall notify Permittee in writing of its 878
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approval or disapproval of the proposed Endowment Manager. If CDFW does not approve the proposed Endowment Manager, it shall provide Permittee with a written explanation of the reasons for its disapproval.
3.3.9 Endowment Funds Deposit. After obtaining CDFW written approval of the Mitigation Sites, LTMP, and Endowment Manager, Permittee shall prepare in coordination with the land manager, a Long-Term Management Endowment PAR (or PAR-equivalent analysis) to calculate the amount of funding necessary to ensure the long-term management of the Mitigation Site (Endowment Deposit Amount) consistent with the LTMP and to fund the grantee for CE monitoring. The Permittee shall submit to CDFW for review and approval the results of the Long-Term Management Endowment PAR before transferring funds to the Endowment Manager and no later than three months prior to the start of Project activities OR seven months following start of Project activities if Security is provided.
3.3.10 Capitalization Rate and Fees. Permittee shall obtain the capitalization rate from the selected Endowment Manager for use in calculating the LongTerm Management Endowment PAR and adjust for any additional administrative, periodic, or annual fee. The capitalization rate used to calculate the PAR shall be 3.5% or less, unless otherwise approved in writing by CDFW.
3.3.11 Endowment Buffers/Assumptions. Permittee shall include in the LongTerm Management Endowment PAR assumptions the following buffers for endowment establishment and use that will substantially ensure long-term viability and security of the Endowment:
3.3.11.1 10 Percent Contingency. A 10 percent contingency shall be added to each endowment calculation to hedge against
underestimation of the fund, unanticipated expenditures, inflation, or catastrophic events.
3.3.11.2 Three Years Delayed Spending. The endowment shall be established assuming spending will not occur for the first three years after full funding.
3.3.11.3 Non-annualized Expenses. For all large capital expenses to occur periodically but not annually such as fence replacement or well replacement, payments shall be withheld from the annual disbursement until the year of anticipated need or upon request to Endowment Manager and CDFW.
3.3.12 Transfer Long-term Endowment Funds. Permittee shall transfer the LongTerm Endowment Funds to the Endowment Fund Manager upon CDFW approval of the Endowment Deposit Amount identified above prior to the 879
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start of Project activities OR within 18 months following start of Project activities if Security is provided. The Endowment Manager shall, at all times, hold and manage the Endowment in compliance with this Agreement, Government Code sections 65965-65968, as amended, and Probate Code sections 18501-18510, as amended.
3.4 Security. If permanent protection and funding for perpetual management of compensatory habitat is not complete prior to the initiation of Project activities, Permittee shall provide financial security in the form of a Letter of Credit (LOC) (LOC Form provided upon request), or other form of security approved by CDFW, for an amount sufficient for CDFW or its contractors to complete land acquisition, property enhancement/restoration, initial management and site protection, and perpetual management and monitoring of the 1.3-acre Mitigation Site. The LOC shall be submitted to CDFW for approval and shall be executed no later than 30 days prior to initiation of Project activities.
3.4.1 Draft Copy of LOC. The Permittee shall provide a draft copy of the LOC, or other form of security approved by CDFW, to CDFW at the address listed below for review and approval [no later than 60 days prior to initiation of Project activities and] prior to execution of security. The LOC shall not be executed without CDFW's prior approval.
3.4.2 Expiration of LOC. In the event that the LOC will expire before the mitigation obligations have been met, the Permittee shall be responsible for providing CDFW a new LOC to replace the existing LOC at least sixty (60) days prior to the expiration date.
3.4.3 Execution of LOC. If CDFW will hold a cash security, Permittee shall transmit it to CDFW with a completed Mitigation Payment Transmittal Form. Otherwise, upon execution of the LOC, or other form of security approved by CDFW, the Permittee shall provide the original to the address listed on the LOC template, and one copy of the executed document to CDFW at the address listed below.
3.4.4 The LOC, or other form of security approved by CDFW, shall allow CDFW to draw on the principal sum if CDFW, in its sole discretion, determines that the Permittee has failed to complete the compensatory mitigation measures of this Agreement.
4. Reporting Measures
Permittee shall meet each reporting requirement described below.
4.1 Notification at the Start and End of Work. The Permittee shall notify CDFW, in writing, at least five (5) days prior to re-initiation of Project-related activities and at least five (5) days prior to completion of Project and mitigation activities.
Permittee shall document compliance with all pre-Project Conditions of Approval 880
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before starting work through submitting a copy of the MMRP table with notes showing current implementation status and date of completion of each mitigation measure. Notification shall be sent to the email address:
[email protected], Reference # EPIMS-RIV-54902-R6, and cc:
4.2 Reporting. All surveys, pre- and post- construction notifications, monitoring reports, and any other required communication between the Permittee and CDFW shall be submitted in digital copy to [email protected].
Please reference # EPIMS-RIV-54902-R6 and cc:
[email protected]. The electronic files shall include GIS shapefiles, along with the appropriate metadata, of the Project area and any mitigation areas. If CDFW requests hard copies of any documentation, Permittee shall mail hard copies to 3602 Inland Empire Blvd., Suite C-220, Ontario, CA 91764, Attn: Lake and Streambed Program. Please reference # EPIMS-RIV54902-R6.
4.3 List of Designated Biologist(s). The Permittee shall submit a proposed list of Designated Biologist(s) to CDFW for review at least 30 days prior to Project start.
CDFW will provide a written response within 21 days of Permittee submittal, unless a shortened review period is otherwise agreed to by CDFW in writing (email or letter). The list may be updated at any time by CDFW or the Permittee with the prior approval of CDFW.
4.4 Nesting Bird and Burrowing Owl Survey Report. Prior to commencement of Project activities addressed by this Agreement, the Permittee shall submit to CDFW the results of pre-construction nesting bird and burrowing owl surveys completed pursuant to this Agreement.
4.5 Nesting Bird Summary Report. Permittee shall prepare and submit to CDFW a summary of nesting species identified onsite, discovery of nests, the status/outcome of any previously identified nest, buffer distances established for each nest, and any adjustments made to established buffers. Summary reports shall be submitted on a weekly basis until there is no further evidence of nesting activity. If the Project results in the abandonment of or damage to a nest, Permittee shall notify CDFW within 24 hours.
4.6 Crotch’s Bumble Bee – Habitat Mapping Report. No less than 120 days prior to initiation of activities addressed by this Agreement, Permittee shall submit a baseline habitat report of the project site (including channel side slopes). The report will identify habitat alliances following Sawyer et al. (2009), as well as species composition. A map of habitat alliances will be included in the report and GIS files of the habitat mapping will be submitted to CDFW with the report.
4.7 Crotch’s’ Bumble Bee – Survey Plan. If habitat mapping identifies the presence of suitable habitat, no less than 90 days prior to initiation of project activities addressed by this Agreement, Permittee shall submit to CDFW for review and 881
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comment a survey plan for Crotch’s’ bumble bee. The survey plan shall be created in coordination with the Designated Biologist. The survey plan will identify the timing, number, and duration of survey efforts, and procedures to follow should Crotch’s’ bumble bee be detected within the project area.
4.8 Crotch’s’ Bumble Bee – Survey Results. Survey results shall be submitted to CDFW within 30 days completion of survey efforts. The report will be prepared by the Designated Biologist and will describe survey results.
4.9 Diversion Plan. If Project activities are proposed at any time when flowing water is present, or reasonably anticipated, no later than 30 days prior to commencement of Project activities addressed by this Agreement, Permittee shall submit to CDFW for review and approval a detailed water diversion/dewatering plan. Dewatering structures may include the use of sand bags, Port-a dams, water bladder dams, K-rails, or driven sheet metal coffer dams. CDFW will review the proposed water diversion method, to approve the plan or provide the requirements for that approval. Permittee may not commence dewatering of a stream/diversion of water without explicit approval from CDFW.
4.10 Sediment Transport Plan. As part of the Permittee’s commitment to the sediment transport function of the Smith Creek watershed and the completion of a Memorandum of Understanding (MOU), the Sediment Transport Plan shall implement a 5-year monitoring plan to ensure that, in the developed condition, the catch basins and corridor are functioning properly and the specified sediment quantities are being conveyed downstream to the property boundary and beyond.
Annual reports shall be submitted to CDFW by January 31 each year quantifying the amount (ton/year) of sediment leaving the Project site.
4.11 On-site Resource Updates. Permittee shall provide updates on the status/outcome of any new or previously identified resource, and any adjustments made to applied avoidance, minimization, and mitigation measures, and any other pertinent information. Summaries shall be submitted on a monthly basis during periods of Project activity until Project completion or monitoring is complete. Monitoring reports of any passively relocated species shall also be included. The updates shall be provided to CDFW as a Status Report in EPIMS, and any unsupported file type shall be emailed to the addresses below. CDFW may adjust the rate of updates in writing. If the Project results in the abandonment of or damage to a resource, Permittee shall notify CDFW within 24 hours via phone call or email at the contact information listed below.
4.12 Photo Documentation. The Permittee shall include, at minimum, pre-Project and post-Project color photographs taken from fixed locations of all Project areas within or directly adjacent to stream habitat. Two photo monitoring points shall be established at each stream impact area. Each photo point shall have an unobstructed view of the disturbed streambed area. Photo documentation shall be performed from each photo point prior to Project initiation and after Project completion. These photos shall be included in the Project Completion Report. 882
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4.13 Project Completion Report. Permittee shall provide a Project Completion Report to CDFW via EPIMS no later than one month after the Project is fully completed.
The Project Completion Report shall summarize all Project activities including the implementation of all items specified in Section 2 of this Agreement. This report shall include, at minimum, photo documentation, avoidance/minimization measures implemented, biological survey notes (including construction monitoring), and a summary of temporary and permanent restoration efforts with photo documentation. Permittee shall include a copy of the Mitigation and Monitoring Reporting Plan table with notes showing status and date of implementation for each of the mitigation measures. Notification shall be submitted via EPIMS and emailed to: [email protected], please reference Notification No. EPIMS-RIV-54902-R6, and cc:
4.14 Notification to CNDDB. If any special-status or listed species are/have been observed on or in proximity to the Project site, Permittee shall submit California Natural Diversity Data Base (CNDDB) forms and maps to the CNDDB within five working days of the sightings. The CNDDB form is available online at:
https://www.wildlife.ca.gov/Data/CNDDB/Submitting-Data. A digital copy of this information shall also be emailed within five days to CDFW. Please reference Notification No. EPIMS-RIV-54902-R6.
4.15 Compliance. CDFW shall verify compliance with protective measures to ensure the accuracy of the Permittee’s mitigation, monitoring, and reporting efforts.
CDFW may, at its sole discretion, review relevant documents maintained by the Permittee, interview the Permittee’s employees and agents, inspect the work site, and take other actions to assess compliance with or effectiveness of protective measures in this Agreement.
CONTACT INFORMATION
Any communication that Permittee or CDFW submits to the other shall be submitted through Environmental Permit Information Management System (EPIMS) as instructed by CDFW.
To Permittee:
City of Banning
Attn: Nathan Smith
EPIMS-RIV-54902-R6
Sun Lakes Boulevard Extension Project
99 East Ramsey Street
Banning, CA 92220
[email protected]
To CDFW:
883
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Department of Fish and Wildlife
Inland Deserts Region
EPIMS-RIV-54902-R6
Sun Lakes Boulevard Extension Project
[email protected]
cc: [email protected]
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.
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 884
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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 use the “Amendments & Extension” form in EPIMS to submit the request. Permittee shall 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.
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 use the “Amendments & Extension” form in EPIMS to submit the request. Permittee shall 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 885
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expiration of the Agreement’s term. To request an extension, Permittee shall use the “Amendments & Extension” form in EPIMS to submit the request. Permittee shall 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 https://www.wildlife.ca.gov/Conservation/CEQA/Fees.
TERM
This Agreement shall expire on August 6, 2030, 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.
EXHIBITS
The documents listed below are included as exhibits to the Agreement and incorporated herein by reference.
Exhibit 1. Regional Location of Sun Lakes Boulevard Extension Project (Project) Exhibit 2. Project Site Map Location of Sun Lakes Boulevard Extension Project (Project)
Exhibit 3. Mitigation Monitoring and management Plan (MMRP)
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
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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
Through the electronic signature by the permittee or permittee’s representative as evidenced by the attached concurrence from CDFW’s EPIMS, the permittee accepts and agrees to comply with all provisions contained herein.
The EPIMS concurrence page containing electronic signatures must be attached to this agreement to be valid.
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Exhibit 1
Exhibit 1. REGIONAL LOCATION OF SUN LAKES BOULEVARD EXTENSION
PROJECT (PROJECT)
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Exhibit 2
Exhibit 2. PROJECT SITE MAP OF SUN LAKES BOULEVARD EXTENSION
PROJECT (PROJECT)
889
Exhibit 3
CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE
MITIGATION MONITORING AND REPORTING PLAN (MMRP)
LAKE OR STREAMBED ALTERATION AGREEMENT
LAKE OR STREAMBED ALTERATION AGREEMENT NO. EPIMS-RIV-54902-R6 PERMITTEE: City of Banning
PROJECT: Sun Lakes Boulevard Extension Project
PURPOSE OF THE MMRP
The purpose of the MMRP is to ensure that the impact mitigation measures required by the Department of Fish and Wildlife (CDFW) for the above-referenced Lake or Streambed Alteration Agreement EPIMS No. RIV-54902-R6 (Agreement) are properly implemented, and thereby to ensure compliance with, section 15097 of the California Code of Regulations and section 21081.6 of the Public Resources Code. A table summarizing the mitigation measures required by Fish and Game Code 1600 et seq. is attached. This table is a tool for use in monitoring and reporting on implementation of mitigation measures, but the descriptions in the table do not supersede the mitigation measures set forth in the Agreement, and the omission of a permit requirement from the attached table does not relieve the Permittee of the obligation to ensure the requirement is performed.
OBLIGATIONS OF PERMITTEE
Permittee has the primary responsibility for monitoring compliance with all mitigation measures and for reporting to CDFW on the progress in implementing those measures. These monitoring and reporting requirements are set forth in the Agreement itself and are summarized at the front of the attached table.
VERIFICATION OF COMPLIANCE, EFFECTIVENESS
CDFW may, at its sole discretion, verify compliance with any mitigation measure or independently assess the effectiveness of any mitigation measure.
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Ver. EPIMS 03/08/2022
TABLE OF MITIGATION MEASURES
Table 1. The following items are identified for each Mitigation Measure: Mitigation Measure number (#), Mitigation Measure Submittal, Timeline for Submittal, Date Submitted to CDFW, Date Reviewed or Approved by CDFW, and Notes on Status.
The # column indicates the mitigation measure number in the Agreement. The Mitigation Measure column summarizes the mitigation, monitoring, and reporting requirements contained in the Agreement. The Timeline column shows the date or phase when each mitigation measure will be implemented. The Responsible Party column identifies the entity that is primarily responsible for implementing the mitigation measure. The Status/Date/Initials column shall be completed by the Permittee during preparation of each Status Report and the Final Mitigation Report. The Permittee must identify the implementation status of each mitigation measure, the date that status was determined, and the initials of the person determining that status. # Mitigation Measures Implementation
Schedule
Responsible
Party Status/Date/Initials
Pre-project Activities
1.7 Notify CDFW Prior to Work
Minimum of 5 days before
commencing ground- or
vegetation-disturbing activities.
Permittee
2.1 Designated Biologist(s) and Biological
Monitor(s) (approval)
Minimum of 45 days before
commencing ground- or
vegetation-disturbing activities.
Permittee
2.5 Delineate Work Area Boundary Before commencing ground- or vegetation-disturbing activities. Permittee
2.8 Educational Program Before commencing ground- or
vegetation-disturbing activities. Permittee
2.8.1 Invasive Species Education Program Before commencing ground- or vegetation-disturbing activities. Permittee
2.25 Diversion Plan (approval)
Minimum of 30 days before
commencing ground- or
vegetation-disturbing activities.
Permittee
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# Mitigation Measures Implementation
Schedule
Responsible
Party Status/Date/Initials
2.11.1 Pre-construction Surveys
Three days before commencing
ground- or vegetation-disturbing
activities.
Permittee
2.12.1 Focused Survey for Burrowing Owls
30-60 days before commencing
ground- or vegetation-disturbing
activities.
Permittee
2.12.3 Burrowing Owl Pre-Construction Inspection
Within 3 days before
commencing ground- or
vegetation-disturbing activities.
Permittee
2.12.2 Burrowing Owl Survey Results
Within 10 days of survey
completion and minimum of 21
days before commencing groundor vegetation-disturbing activities Permittee
2.12.5 Burrowing Owl Plan
At least 30 days before
commencing ground- or
vegetation-disturbing activities.
Permittee
2.32 Work According to Plans
At least 30 days before
commencing ground- or
vegetation-disturbing activities.
Permittee
3.1 Habitat Re-establishment/Rehabilitation –
Offsite Mitigation Bank
At least 30 days before
commencing ground or
vegetation distribution activities
Permittee
3.3.1 Habitat Protection (approval)
Five months before commencing
ground- or vegetation-disturbing
activities.
Permittee
3.3.2 Mitigation Site Conservation Easement
(approval)
18 months before commencing
ground- or vegetation-disturbing
activities.
Permittee
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# Mitigation Measures Implementation
Schedule
Responsible
Party Status/Date/Initials
3.3.3 Mitigation Site Land Manager (approval)
Four months before commencing
ground- or vegetation-disturbing
activities or six months following
the start of project activities if
security is provided.
Permittee
3.3.5 Habitat Mitigation and Monitoring Plan
(approval)
Four months before commencing
ground- or vegetation-disturbing
activities or six months following
the start of project activities if
security is provided.
Permittee
3.3.6 Mitigation Site Long Term Management Plan
(approval)
Three months before
commencing ground- or
vegetation-disturbing activities or
seven months following the start
of project activities if security is
provided.
Permittee
3.3.9 Endowment Funds Deposit (approval)
Three months before
commencing ground- or
vegetation-disturbing activities or
seven months following the start
of project activities if security is
provided.
Permittee
3.3.12 Transfer Long-term Endowment Funds
(approval)
Prior to commencing ground- or
vegetation-disturbing activities or
within 18 months following the
start of project activities if security
is provided.
Permittee
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# Mitigation Measures Implementation
Schedule
Responsible
Party Status/Date/Initials
3.4 Security (approval) At least 30 days prior to the
initiation of project activities. Permittee
3.4.1 Draft Copy of LOC (approval)
No later than 60 days prior to
initiation of project activities and
prior to execution of security.
Permittee
3.4.2 Expiration of LOC At least 60 days prior to the
expiration date. Permittee
4.1 Notification at the Start and End of Work
At least 5 days prior to initiation
of project-related activities and at
least 5 days prior to completion of
project and mitigation activities.
Permittee
4.3 List of Designated Biologist(s) (approval) At least 45 days prior to initiation of Project-related activities Permittee
4.4 Nesting Bird and Burrowing Owl Survey
Report
At least one business day prior to
commencement of Project
activities
Permittee
4.5 Nesting Bird Summary Report
On a weekly basis until there is
no further evidence of nesting
activity. If the Project results in
the abandonment of or damage
to a nest, Permittee shall notify
CDFW within 24 hours
Permittee
4.11 On-site Resource Updates
On a monthly basis during
periods of Project activity until
Project completion or monitoring
is complete
Permittee
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# Mitigation Measures Implementation
Schedule
Responsible
Party Status/Date/Initials
4.9 Diversion Plan (approval)
Minimum of 30 days before
commencing ground- or
vegetation-disturbing activities.
Permittee
4.14 Notification to CNDDB Within 5 working days of the sightings. Permittee
During Project Operations
2.9.1 Excavated Areas At the end of each workday. Permittee/ Biologists
2.11.5 Reporting No less than once weekly. Permittee
2.12.4 Burrowing Owls Observed During
Construction
During project implementation
and construction. Permittee
3.1 Habitat Rehabilitation and/or Restoration –
On-site (Mitigation Site Temporary and
Permanent)
Within 18 months of starting
project activities if security is
provided.
Permittee
Post-project Activities
4.13 Project Completion Report. No later than one month after the Project is fully completed. Permittee
895
CESA Incidental Take Permit Application
For: Crotch’s Bumble Bee (Bombus crotchii) – Candidate Species Sun Lakes Boulevard Extension Project (Project)
City of Banning, Riverside County, CA
Prepared by Osprey Environmental Associates, Inc.
1. APPLICANT INFORMATION
Public Works Department
City of Banning
99 E. Ramsey Street
Banning, CA 92220
(951) 922-3130
Contact person's email address and phone number
Nate Smith, P.E., Deputy Director of Public Works/City Engineer City of Banning Public Works Department
[email protected]
(951) 922-3182
2. SPECIES TO BE COVERED BY THE PERMIT
Common Name: Crotch’s bumble bee
Scientific Name: Bombus crotchii
CESA Status: Candidate species for listing as endangered; afforded full legal protection during candidacy period (Fish & Game Code §2085).
3. PROJECT DESCRIPTION
The City of Banning proposes the construction of the Sun Lakes Boulevard Extension, a new arterial roadway that will traverse undeveloped areas and cross three major waterways: Highland Wash, Smith Creek, and Pershing Creek. The Project will include:
• Two eastbound and two westbound lanes separated by a raised median • Installation of reinforced concrete box (RCB) culverts at each creek crossing 896
• Stormwater infrastructure with sediment filtration and conveyance improvements • Abandonment in place of existing Westward Avenue culverts • Participation in regional sediment transport planning for the Smith Creek watershed Construction
Project construction is anticipated to occur within two years. The Project will require approximately 98,180 cubic yards of soil import. Typical construction equipment and vehicle usage are anticipated and may include, but are not limited to, excavators, rubbertired dozers/loaders, scrapers, and other material-delivery vehicles. A typical construction work schedule of weekdays during daylight hours is expected.
4. PROJECT LOCATION
The Project site is situated within the City of Banning in Riverside County, California (Figure 1 – Project Location; all figures are provided in Attachment A). It lies south of Interstate 10, west of State Route 243, and east of Lambs Canyon Road. The site is in Sections 7 and 18 of Township 3 South, Range 1 East, as shown on the United States Geological Survey (USGS) 7.5-minute Beaumont, California topographic quadrangle map (1978). The elevation in the Project site ranges from approximately 2,383 to 2,525 feet above sea level.
The approximate geographic coordinates at the center of the site are 33.551285° North latitude and -116.551629° West longitude. The Project includes portions of the following Assessor’s Parcel Numbers (APNs): 419-140-039, 537-110-013, 537-110-014, 537-120- 023, 537-120-024, 537-120-025, 537-120-027, 537-120-028, 537-120-029, 537-120-030, 537-120-031, 537-120-033, 537-120-034, 537-140-001, 537-140-002, 538-323-024, and 538-323-029.
5. POTENTIAL FOR TAKE
Crotch’s bumble bee, herein referred to as CBB, a candidate species under the California Endangered Species Act (CESA), was confirmed to be present within the Project site during focused surveys conducted in 2025 (see Attachment B, 2025 Crotch's Bumble Bee Survey Report). A foraging adult female was captured and released within a stand of California Buckwheat Scrub during the final survey on June 27, 2025 (Figure 2 – Crotch’s Bumble Bee Location). This observation confirms active use of the Project site and establishes the confirmed presence of CBB on the Project site.
The Project site supports multiple habitat features critical to the CBB life cycle, including:
• Foraging Habitat: Approximately 12 acres of functionally suitable native foraging habitat are present within the disturbance footprint, largely dominated by California Buckwheat Scrub and Sandaster and Perennial Buckwheat Fields. These areas exhibit overlapping bloom phenology with the species’ known activity period. 897
• Nesting Habitat: The site contains undisturbed bare ground and rodent burrow complexes, primarily within upland scrub areas. These features provide suitable substrates for subterranean nesting, a life history requirement for CBB colony establishment.
• Overwintering Habitat: Scattered leaf litter, coarse woody debris, and shaded microsites under mature shrub canopy provide potential hibernacula for overwintering queens (gynes), which remain dormant underground from late summer through early spring.
5.1 Mechanisms of Take
Project implementation may result in both direct and indirect take of CBB through the following pathways:
5.1.1 Direct Impacts:
• Vegetation removal, grading, and other ground-disturbing activities conducted throughout the year may inadvertently crush or bury adult bees, particularly foraging workers or reproductive females present during construction. • Nest sites, if present within the impact footprint, may be directly destroyed during soil disturbance or excavation.
5.1.2 Indirect Impacts:
• Loss of key floral resources during the colony’s active season may reduce foraging success and limit reproductive output.
• Degradation of nesting and overwintering substrates from compaction, sedimentation, or altered microhabitat conditions may reduce survivorship of existing or future colonies.
• Habitat fragmentation could inhibit dispersal, recolonization, or access to foraging patches.
5.1.3 Temporal Considerations
Construction activities are expected to occur during the species’ active season (April– August), which overlaps with periods of foraging, colony development, and gyne emergence. The timing increases the likelihood of encountering CBB individuals onsite and heightens the potential for both observed and unobserved take.
5.1.4 Take Summary
Given the confirmed presence of CBB, the availability of functionally suitable foraging, nesting, and overwintering habitat, and the nature of the proposed ground-disturbing activities, take of individuals may occur in the absence of avoidance and minimization measures. Accordingly, this ITP application includes a suite of species-specific avoidance, minimization, and compensatory mitigation measures to offset impacts. 898
6. IMPACT ANALYSIS
The proposed Project will result in both permanent and temporary impacts to approximately 28.5 acres of land encompassing multiple vegetation communities that provide varying degrees of habitat suitability for the CBB (Figure 3 – Project Impacts).
Vegetation communities impacted by the Project are summarized in Table 1, with California Buckwheat Scrub, Non-Native Grassland, and Sandaster–Perennial Buckwheat fields comprising the majority of the affected area.
TABLE 1. Vegetation Communities and Land Cover Types
Vegetation Type Permanent
Impacts (acres)
Temporary Impacts
(acres)
Total
(acres)
CBB Associated Habitat Types
California Buckwheat Scrub 9.4 3.8 13.2
Non-Native Grassland 5.1 2.7 7.8
Sandaster and Perennial
Buckwheat Fields
2.6 1.5 4.1
Fiddleneck - Phacelia Fields 0.0 0.1 0.1
Scale Broom Scrub 0.2 0.0 0.2
*Subtotal Total-CBB Habitat 17.2 8.1 25.4
Other Land Cover Types
Disturbed Habitat 1.1 0.4 1.6
Non-Vegetated Channel 0.5 0.1 0.6
Urban/Developed 0.7 0.4 1.1
*Subtotal Total-Non-CBB
Habitat
2.3 0.9 3.2
*Total 19.4 9.0 28.5
*Totals may not sum precisely due to rounding
Note: Vegetation community data used in this ITP application were derived from the Crotch’s Bumble Bee Habitat Assessment and Survey Report prepared by OSPREY Environmental Associates (2025).
6.1 Foraging Habitat Impacts
CBB relies on a broad spectrum of flowering plants, both native and naturalized, for nectar and pollen during its extended flight season. Among the vegetation types present within the Project site, California Buckwheat Scrub provides the most ecologically valuable foraging habitat, dominated by Eriogonum fasciculatum, a key nectar source for CBB.
The Project will impact approximately 13.2 acres of California Buckwheat Scrub, including
9.4 acres of permanent and 3.8 acres of temporary disturbance. This represents the largest single loss of foraging habitat in the Project site and aligns temporally with the species’ peak activity window. Notably, a foraging female CBB was observed and captured within this habitat type during the June 2025 survey, directly confirming its use by the species.
Additional CBB habitat will be impacted within:
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• Sandaster and Perennial Buckwheat Fields (4.1 acres total; 2.6 acres permanent,
1.5 acres temporary): This community provides low -to moderate-quality seasonal foraging, particularly during mid- to late summer bloom periods, though observed floral density was low during surveys.
• Non-Native Grassland (7.7 acres total; 5.1 acres permanent, 2.7 acres temporary):
These areas may provide supplemental nectar sources (e.g., shortpod mustard, Erodium spp.), but their floristic composition is variable, and dominated by nonnative grasses, reducing their overall contribution to CBB foraging habitat. • Fiddleneck–Phacelia Fields (0.1 acres temporary only): Present in small patches and will not be permanently impacted.
Other vegetation and land cover types affected by the Project, including Disturbed Habitat (1.6 acres total), Scale Broom Scrub (0.2 acres), Non-Vegetated Channels (0.5 acres), and Urban/Developed lands (1.1 acres), either lacked preferred floral resources or were so limited in extent or bloom potential that they are considered low-value foraging habitat.
In total, the functional loss of foraging habitat for CBB is concentrated within California Buckwheat Scrub, a vegetation community that provides high-density floral resources with strong phenological alignment to the species’ peak activity period. However, additional permanent impacts to Sandaster–Perennial Buckwheat Fields, though more limited in spatial extent, represent a meaningful reduction in the seasonal diversity and continuity of nectar-producing plant communities across the site. This habitat supports mid- and lateseason bloom periods that help buffer temporal gaps in floral availability and contribute to the broader ecological stability of the site’s pollinator resource base. The combined loss of dominant and supplemental foraging communities results in a biologically significant reduction in overall habitat function, particularly with respect to sustaining CBB colony development across life stages. To ensure functional equivalency, these losses will be fully offset through habitat-specific mitigation that preserves the structure and phenology of foraging vegetation communities essential to CBB persistence.
6.2 Nesting Habitat Impacts
CBB typically nests underground in abandoned rodent burrows or within sheltered cavities such as grass tussocks or under debris. The habitat assessment identified exposed, undisturbed bare ground within the Project site, primarily in areas overlapping California Buckwheat Scrub and adjacent ruderal zones. While no active nests were detected during focused surveys, the presence of these substrates suggests potential nesting habitat exists within the impact footprint. Project-related ground disturbance in these zones could directly destroy nests or degrade their microhabitat conditions.
6.3 Overwintering Habitat Impacts
Gynes require insulated microsites such as woody debris, leaf litter, and undisturbed soil for hibernation. These features are dispersed across multiple vegetation communities onsite, particularly within California Buckwheat Scrub and ecotonal areas where structural 900
cover from accumulated detritus or vegetation is present. While these habitats were not quantitatively mapped, the Project will result in permanent and temporary disturbance to the majority of the vegetated areas, including those most likely to contain suitable overwintering substrates. Therefore, Project implementation has the potential to degrade overwintering habitat and reduce overwintering success.
6.4 Summary of Impacts
In summary, the Project will result in the following permanent and temporary impacts to vegetation communities that support the functional habitat needs of CBB:
• Moderate-value foraging habitat in California Buckwheat Scrub, totaling 13.1 acres impacted (9.4 acres permanent, 3.8 acres temporary). This community provides the highest floral density and phenological alignment with CBB activity and includes the only location where a CBB individual was observed during 2025 surveys.
• Supplemental and moderate- low value foraging habitat in Sandaster–Perennial Buckwheat Fields and Non-Native Grassland, with a combined impact of 11.8 acres (7.7 acres permanent, 4.1 acres temporary). While these communities provide lower and more variable floral resource density, they contribute seasonal nectar diversity and buffer periods of floral scarcity, particularly in early and midseason windows. • Bare ground and rodent burrow complexes identified within the impact footprint constitute potential nesting habitat for CBB. These features may be subject to direct disturbance or destruction during grading and soil compaction activities. • Overwintering microhabitats, including leaf litter, debris piles, and undisturbed shrub understories, are dispersed across vegetated areas subject to both permanent and temporary impacts. These features support gynes and may be degraded or eliminated through vegetation removal, equipment operation, and hydrological or microclimatic alterations.
Collectively, the Project will result in a biologically meaningful reduction in both moderateand low-quality CBB habitat, with losses affecting multiple critical life history stages.
These impacts warrant full compensation through targeted, species-specific mitigation measures, including permanent habitat preservation, temporary impact restoration, and long-term ecological management.
7. JEOPARDY ANALYSIS
CBB has experienced substantial range contraction and population decline across California, attributable to a combination of habitat loss and fragmentation, floral resource depletion, pesticide exposure (particularly neonicotinoids), and climate-driven shifts in phenology and ecological suitability. Once broadly distributed, the species is now largely 901
restricted to remnant patches of native scrub, open grassland, and desert-transition habitats.
Within the regional context of the Project, the California Natural Diversity Database (CNDDB), iNaturalist, and Xerces Society records confirm multiple CBB occurrences within a 10-mile radius. Most notably, a foraging female was captured and released within the Project site during focused protocol surveys in June 2025. This verified presence, combined with the site’s dominant vegetation types, confirms that the Project site supports functionally suitable habitat for CBB multiple life history stages, including foraging, nesting, and overwintering.
While the Project site is relatively limited in extent, it encompasses areas of moderate- and low-value habitat contributing to seasonal resource continuity and structural complexity.
Nesting substrates (e.g., rodent burrows, bare ground) and overwintering features (e.g., shrub duff, debris piles) were documented within both permanent and temporary impact areas.
Given the confirmed presence of the species and the documented availability of critical habitat elements, the proposed Project presents a potential risk to local CBB individuals and habitat function. However, the scale of the disturbance is localized, and the Project is not anticipated to result in the extirpation of any significant population, core use area, or source habitat contributing to the species’ statewide viability. Therefore, with implementation of appropriate avoidance, minimization, and mitigation measures, issuance of the Incidental Take Permit is not expected to jeopardize the continued existence of CBB, consistent with the conservation intent of Fish and Game Code §2085.
8. MINIMIZATION AND MITIGATION MEASURES
8.1 Avoidance and Minimization Measures
The following measures will be implemented to avoid, minimize, and mitigate potential impacts and authorized take of CBB associated with the Sun Lakes Boulevard Extension Project. These measures are derived from:
• The Final Initial Study/Mitigated Negative Declaration, Responses to Comments, and Mitigation Monitoring and Reporting Program (MMRP) for the Sun Lakes Boulevard Extension Project (State Clearinghouse No. 2024090237), prepared by Albert A. Webb Associates, dated November 12, 2024 (Webb 2024). • The Final Lake and Streambed Alteration Agreement for the Project (EPIMS-RIV54902-R6), executed by the California Department of Fish and Wildlife (CDFW).
These measures are consistent with CDFW’s Survey Considerations for California Endangered Species Act Candidate Bumble Bee Species (CDFW 2023) and are intended to ensure compliance with the CESA during construction activities. 902
8.1.1 Measures from the MMRP (Webb 2024)
MM BIO-3: Crotch’s Bumble Bee Survey (*Completed in 2025) and Construction Monitoring
• A qualified biologist (with CDFW MOU or ≥1–2 years of relevant experience) shall conduct preconstruction surveys and construction monitoring for CBB in accordance with CDFW (2023) survey guidance.
• A habitat assessment and records review will be completed before ground disturbance and will include:
o CNDDB records within 10 miles,
o iNaturalist and Xerces Atlas records within 5 miles,
o Aerial photography and nectar source evaluation.
• Focused surveys for foraging and nesting CBB shall occur during the peak bloom and activity period (April–June 30).
• Survey results shall be submitted to CDFW prior to the start of ground disturbance. • Vegetation removal from November–January (outside of the CBB flight season) does not require CBB monitoring.
• Vegetation removal and grading between February–October (CBB active season) requires:
o Focused pre-construction surveys of the work area, and o Full-time biological monitoring during active ground disturbance.
Response protocols during construction:
• If an active CBB nest is discovered, a no-disturbance buffer will be established, inclusive of associated foraging habitat and flight corridors. • If a CBB individual is observed, work in that area will halt until the qualified biologist confirms it has left the site.
• All detections shall be reported to CDFW, and if necessary, the City will process an ITP. The measures contained in this ITP serve to satisfy that requirement.
MM BIO-4: Biological Worker’s Environmental Awareness Program (WEAP) • Prior to site disturbance, a mandatory WEAP training will be conducted by a qualified biologist for all construction personnel.
• The training shall address:
o Crotch’s bumble bee identification and ecology.
o Avoidance and minimization measures.
o Other sensitive species (e.g., burrowing owl, rare plants); o Incident response and buffer enforcement.
• The same biologist conducting pre-construction surveys (MM BIO-3) should also conduct the WEAP, where feasible.
• Additional training shall be provided for new personnel throughout the Project. • The WEAP may be delivered as a recorded video for staff not present at the initial in-person training.
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8.1.2 Measures from the Lake and Streambed Alteration Agreement (CDFW EPIMSRIV-54902-R6) The following avoidance, minimization, and survey measures are derived from the Final Streambed Alteration Agreement for the Sun Lakes Boulevard Extension Project, issued by the California Department of Fish and Wildlife (CDFW) under Fish and Game Code §1602.
These measures are binding and support the ITP application by ensuring implementation of species-specific protections for the CBB.
Designated Biologist and Monitoring Personnel (Measures 2.1 – 2.4) • The Permittee shall submit the names and qualifications of all Designated Biologists and Biological Monitors to CDFW at least 30 days before initiating ground-disturbing activities (*Completed in 2025).
• Designated Biologists must have formal academic training and professional experience identifying and surveying for special-status species and implementing biological compliance during construction (*Completed in 2025). • Both Designated Biologists and Biological Monitors shall have the authority to stop work to avoid violations of the Agreement or potential impacts to sensitive species. • Daily field oversight shall include:
o Biological clearance surveys.
o Monitoring of delineation fencing and buffer zones.
o Reporting of any wildlife encounters or noncompliance to CDFW.
Worker Environmental Education and Invasive Species Awareness (Measure 2.8 –
2.8.1)
• A mandatory education program shall be delivered by the Designated Biologist to all construction personnel prior to site work. The training will cover:
o Identification, ecology, and habitat needs of sensitive species, including CBB.
o Legal protections and penalties for noncompliance.
o Project-specific avoidance and mitigation measures.
o Invasive species threats and BMPs for control and prevention. • Training shall be documented via signed acknowledgment forms and repeated annually for ongoing projects.
Wildlife Protection Measures (Measures 2.5 – 2.7, 2.9)
• All work area boundaries and sensitive buffers shall be clearly delineated with fencing or signage and inspected daily.
• Prior to the start and end of daily construction activities, the Designated Biologist or Biological Monitor shall conduct clearance surveys to identify any trapped or atrisk wildlife and facilitate escape or relocation as necessary. • Encountered wildlife shall not be harmed, and if CBB or other sensitive species are observed, CDFW shall be notified immediately.
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Crotch’s Bumble Bee-Specific Requirements (Measures 2.13 – 2.14.5) Baseline Habitat Mapping (Measure 2.13) (*Completed in 2025) • No less than 120 days prior to initiating activities within CDFW-jurisdictional areas (i.e., Fish and Game Code §1602 resources), the Permittee shall prepare and submit a baseline habitat mapping report to CDFW.
• The report shall:
o Identify vegetation alliances using Sawyer et al. (2009) classification. o Include species composition of each alliance.
o Focus on documenting potential CBB habitat features (e.g., late-season nectar plants, nesting substrates).
Survey Planning and Approval (Measures 2.14 – 2.14.2) (*Completed in 2025) • If suitable habitat is identified during mapping (i.e., presence of genera Eriogonum, Phacelia, Acmispon, etc.), the Permittee shall:
o Retain a qualified CBB biologist and submit their resume to CDFW for approval.
o Submit a draft survey plan to CDFW at least 90 days before ground disturbance.
o The survey plan shall generally follow USFWS Rusty Patched Bumble Bee protocols and include:
Survey timing (Feb–Oct);
Methods for detecting foraging, nesting, and overwintering bees. Actions to take if CBB is detected.
Focused Survey Implementation (Measure 2.14.3) (*Completed in 2025) • Surveys shall be completed in accordance with the approved plan, and results shall be submitted to CDFW no less than 30 days prior to ground disturbance. • If CBB is detected, all activities within occupied habitat shall cease, and CDFW must be notified immediately.
• Focused surveys remain valid only until January 31 of the following year; delays beyond this require re-surveying.
Nesting and Flight Behavior Observations (Measure 2.14.4) (*Completed in 2025) • CBB flight/nest surveys shall be conducted February 1–October 31, focusing on areas with:
o Blooming nectar plants.
o Small mammal burrows.
o Bunchgrass, thatch, brush piles, logs, and other nesting substrates. • During the flight survey effort, if bumble bees are observed using any animal burrow entrances, the approved qualified biologist will block/cover any burrow entrance with a sandbag/jar/vial (or similar) of appropriate size and return in 30 minutes to determine if the bees are potential Crotch’s bumble bee and if a potential nest 905
could be present. If bumble bees are observed using bunch grasses, thatched annual grasses, brush piles, old bird nests, dead trees, or hollowed logs, the resource area will be flagged and monitored by the approved, qualified biologist for 15 minutes to determine if a potential nest could be present.
Sensitive Observation Protocol (Measure 2.14.5)
• If an overwintering or deceased CBB is discovered during clearing, activities shall stop immediately.
• A 100-foot buffer (Environmentally Sensitive Area) shall be established. • A qualified biologist shall assess the site, and CDFW will be notified immediately for consultation.
8.2. Mitigation Site Description and Offset Strategy
To offset the permanent loss of 17.2 acres of vegetation communities that support foraging, nesting, and overwintering by CBB, the City of Banning proposes to preserve approximately 28.9 acres of contiguous habitat across two City-owned parcels: APNs 532- 180-017 and 532-180-049 (Figure 4 – Mitigation Site). These parcels, collectively referred to as the Mitigation Site, provide a diverse mosaic of vegetation types, topographic variation, and structural habitat features that support all life history stages of CBB. The preservationbased approach emphasizes protection of intact, high-quality habitat already functioning as suitable CBB habitat, offering superior ecological value compared to the impacted areas.
Temporary habitat impacts associated with the Sun Lakes Boulevard Extension Project will be restored in place following construction and are not included in the off-site mitigation acreage.
8.2.1 Mitigation Site Overview
The Mitigation Site encompasses a range of natural vegetation communities that collectively support a resilient and ecologically intact habitat complex for CBB and other pollinators (Figure 4 – Mitigation Site). Each parcel contributes unique features that enhance the overall habitat value of the site.
APN 532-180-017 (18.9 acres) supports the largest block of California Buckwheat Scrub within the mitigation footprint, approximately 14 acres dominated by California buckwheat (Eriogonum fasciculatum), a primary mid to late-season nectar resource for CBB. The buckwheat scrub is structurally complex, containing associated native forbs and shrubs such as deerweed (Acmispon glaber), chia (Salvia columbariae), California matchweed (Gutierrezia californica), and California Sagebrush (Artemisia californica), which contribute to floral continuity across multiple seasons. Bare-ground patches, granitic rock outcrops, rodent burrows, and duff accumulation are common throughout, providing high-quality nesting and overwintering substrates.
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The parcel also supports approximately 2.3 acres of Desert Willow Woodland and 1.0 acres of Chamise Chaparral. A 1.4-acre patch of Scale Broom Scrub is also mapped within the parcel; however, 1.3 acres of this Scale Broom Scrub (including a small, adjacent segment of Non-Vegetated Channel) are already committed under the City’s Smith Creek Compensatory Mitigation Plan (CMP) and are excluded from this mitigation proposal.
These CMP-covered areas occur in the northeastern portion of the parcel and will be protected and managed under a separate agreement (Figure 4 – Mitigation Site).
APN 532-180-049 (11.5 acres) complements the habitat on APN 017 with an additional 5.6 acres of California Buckwheat Scrub in similar floristic condition, further expanding the contiguous buckwheat resource available for pollinators. This parcel also supports approximately 3.0 acres of Non-Native Grassland, which, although lower in floristic diversity, provides seasonal foraging value and contributes to structural habitat diversity.
Rodent burrows and thatch accumulation within this grassland may serve as nesting or overwintering sites for CBB, especially as it is located adjacent to more robust foraging areas.
Other natural vegetation types within APN 049 include 1.3 acres of Desert Willow Woodland and 0.3 acres of Ironwood Woodland, both of which contribute vertical stratification and plant species diversity across the site. Approximately 0.5 acres of NonVegetated Channel are also present. While not directly suitable for foraging or nesting, Non-Vegetated Channel supports habitat connectivity along the Smith Creek corridor and may function as a movement conduit during seasonal activity periods.
Together, the two mitigation parcels form an ecologically diverse, topographically varied, and hydrologically supported preserve that supports a full complement of CBB life history requirements. The California Buckwheat Scrub across both parcels totals 19.5 acres, well over twice the amount being impacted, and is contiguous with the larger Smith Creek drainage and adjacent to the proposed 760-acre Rancho San Gorgonio conservation area (Figure 4 – Mitigation Site). This strategic location enhances long-term dispersal potential, habitat redundancy, and resilience to edge effects or localized disturbance.
8.2.2 CBB Habitat Compensation Approach
The mitigation strategy offsets all permanent impacts to vegetation communities relevant to CBB through passive preservation of high-quality, existing habitat (refer to Table 2 below). Approximately 28.9 acres of CBB habitat will be protected in perpetuity through a conservation easement, supported by an appropriate long-term management funding mechanism.
Importantly, this strategy provides a mitigation ratio of greater than 2:1 for California Buckwheat Scrub, recognized as the most critical foraging habitat for CBB based on mid to late-season bloom capacity and species composition. While Sandaster–Perennial Buckwheat Fields are not present within the mitigation parcels, the impacted acreage (2.6 acres) represents a relatively low proportion of the total CBB-relevant impact footprint and 907
is characterized by variable floristic composition. To strengthen overall habitat value, the mitigation strategy emphasizes the preservation of contiguous, high-quality California Buckwheat Scrub, together with adjacent native shrublands and grasslands that offer complementary ecological functions. This approach expands the diversity and resilience of preserved habitat, supporting the full suite of CBB life history requirements across seasons and microhabitats. The preserved habitats offer continuous seasonal nectar resources, nesting and overwintering substrates, and landscape-scale connectivity that together support the full life history of CBB.
The mitigation strategy prioritizes the long-term protection of existing high-quality habitat through passive management designed to maintain the ecological integrity of the preserve.
Ongoing stewardship will be implemented under a CDFW-approved Long-Term Management Plan (LTMP) and may include targeted, low-intensity actions such as manual removal or selective treatment of invasive species, qualitative monitoring of native vegetation composition and natural regeneration, and passive site protection measures (e.g., fencing or signage) to prevent unauthorized access or disturbance. These activities are not intended to alter the native plant community structure but rather to safeguard existing habitat functionality and prevent degradation over time. Monitoring and reporting will follow the framework described in Section 9 of this application and will adhere to CDFW’s standard expectations for long-term habitat preservation under the CESA.
Table 2. Summary of Permanent Impacts and Corresponding Preserved Habitat Acreage Contributing to CBB Mitigation
Vegetation Type Permanent
Impacts
(acres)
Preserved
Habitat at
Mitigation Site
(acres)
Mitigation
Ratio
Notes
CBB-Associated Habitat Types
California
Buckwheat Scrub
(CBS)
9.4 19.5 >2:1 Present on both
parcels; primary
foraging habitat
Non-Native
Grassland (NNG)
5.1 3.0 ~0.6:1
(partial)
Present only on
APN 049; provides
nesting and
foraging support
Sandaster–
Perennial
Buckwheat Fields
2.6 0.0 (not
present)
N/A (offset by
CBS)
Functionally offset
by large blocks of
CBS with
phenological
overlap
Scale Broom
Scrub¹
0.2 0.1 ~0.5:1
(partial)
Only 0.1 acre
credited; 1.3 acres
already mitigated
under CMP
excluded
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Fiddleneck–
Phacelia Fields
0.0 N/A N/A No permanent
impact; not
mitigated off-site
Chamise
Chaparral
N/A 1.0 N/A Present on APN
017; provides
nesting and
foraging support
Ironwood
Woodland
N/A 0.3 N/A Present on APN
049; supports
structural
heterogeneity
Desert Willow
Woodland
N/A 3.6 N/A Present on both
APNs; supports
structural
heterogeneity
*Subtotal – CBB
Habitat
17.4 27.5 - -
Other Land Cover Types
Non-Vegetated
Channel
0.5 ~0.5 1:1 Present on APN
049; supports
structural
heterogeneity
Disturbed Habitat 1.1 1.0+ (low
value)
Not mitigated Not credited
toward mitigation
Urban/Developed 0.7 0.0 Not mitigated Not credited
toward mitigation
*Subtotal – Other
Land Cover
Types
2.3 ~1.4 - -
*Grand Total 19.4* ~28.9
*Totals may not sum precisely due to rounding.
¹ Approximately 1.3 acres of Scale Broom Scrub—including a small adjacent segment of NonVegetated Channel—located in the northeastern portion of APN 532-180-017 are already committed to mitigation under the City’s approved Smith Creek Compensatory Mitigation Plan (CMP) and are not credited toward the preserved habitat acreages reported in this table. All acreages reflect only those portions of the site available and eligible for CBB mitigation under this ITP.
8.2.3 Temporary Impact Restoration
As detailed in Section 6, Table 1, approximately 8.1 acres of vegetation communities within the Project site will be temporarily impacted by construction activities (see Figure 3 – Project Impacts). These include 3.8 acres of California Buckwheat Scrub, 2.7 acres of NonNative Grassland, 1.5 acres of Sandaster and Perennial Buckwheat Fields, and 0.1 acres of Fiddleneck–Phacelia Fields. These areas will be restored on-site following construction and are therefore excluded from the off-site mitigation acreage. (Figure 3 – Project 909
Impacts). These areas will be restored in place at the Project site using a native floral palette compatible with CBB life history needs. Restoration activities will include:
• Use of fast-establishing native forbs and shrubs that provide nectar and pollen during early and mid-season foraging windows;
• Hydroseeding or container planting, coupled with erosion control and weed suppression measures;
• Post-installation monitoring to assess establishment, species composition, and cover.
A HMMP will be prepared to guide restoration of temporarily disturbed areas, and will include clear performance standards for native cover, species richness, and invasive species thresholds to ensure those areas return to functional habitat.
8.2.4 Summary and Justification
The City of Banning’s preservation-based mitigation strategy satisfies the conservation intent of the CESA and supports issuance of an Incidental Take Permit for Project-related impacts to CBB. The strategy is grounded in passive protection of 28.9 acres of intact, ecologically functional habitat that supports the foraging, nesting, and overwintering requirements of CBB across multiple vegetation types.
This approach results in a greater than 2:1 preservation ratio for California Buckwheat Scrub, the primary foraging habitat for CBB, and provides full functional compensation for other CBB-associated communities such as Non-Native Grassland and Sandaster– Perennial Buckwheat Fields.
Importantly, the Mitigation Site is contiguous with the proposed 760-acre Rancho San Gorgonio conservation area and embedded within the Smith Creek open space corridor.
This landscape context enhances pollinator dispersal and genetic flow, reinforcing the regional conservation value of the preserved lands and further supporting the long-term viability of CBB populations.
A permanent conservation easement and non-wasting endowment will ensure ongoing stewardship, and a LTMP will guide monitoring and adaptive protection. Together, these elements comprise a durable, efficient, and ecologically meaningful mitigation strategy consistent with CDFW expectations.
9. MONITORING AND REPORTING PLAN
Monitoring and reporting requirements for the Project site are provided in Section 8.1, which outlines all biological compliance and construction-phase measures derived from the Final IS/MND, Mitigation Monitoring and Reporting Program (MMRP), and Streambed Alteration Agreement (LSA Agreement No. EPIMS-RIV-54902-R6). 910
This section outlines the monitoring and reporting framework specific to the off-site Mitigation Site, where approximately 28.9 acres of existing habitat will be preserved in perpetuity to offset permanent impacts to CBB habitat. While no active restoration is proposed, limited habitat management and monitoring will be implemented to ensure long-term habitat integrity and conformance with CESA mitigation expectations.
9.1 Mitigation Site Monitoring
The Mitigation Site will be preserved in perpetuity under a conservation easement and managed in accordance with a CDFW-approved LTMP. A qualified third-party land manager (e.g., IERCD) will prepare the LTMP following CDFW guidance, and a non-wasting endowment will be established using the Property Analysis Record (PAR) methodology to ensure funding for long-term stewardship.
The City of Banning proposes the following monitoring and stewardship framework, to guide detailed in the LTMP development:
• Annual Habitat Monitoring: Monitoring will occur at least once per year for a minimum of five years, or until CDFW determines performance standards have been met. Monitoring will consist of:
o Qualitative or semi-quantitative surveys of native vegetation composition, seasonal nectar resource continuity, and presence of invasive species; o Observations of structural habitat features (e.g., rodent burrows, thatch layers, bare ground, duff accumulation) relevant to CBB nesting and overwintering;
o Fixed photo point documentation across representative locations. • Passive Habitat Management: No active restoration or seeding is proposed.
However, stewardship actions will include:
o Manual or selective treatment of invasive species to prevent degradation of habitat function;
o Maintenance of site access controls, such as signage or perimeter fencing, to deter unauthorized use or disturbance.
• Performance Standards: Performance standards will be tied to maintaining existing habitat conditions. At a minimum, these standards will include:
o No net loss in percent native vegetative cover or floristic diversity relative to baseline conditions;
o Stable or decreasing invasive species cover;
o Continued presence of key habitat features that support foraging, nesting, and overwintering by CBB.
The LTMP will further detail data collection protocols, thresholds, and corrective actions, with input from the land manager and subject to CDFW review and approval. 911
9.2 Mitigation Site Reporting
Annual reports will be submitted to CDFW by December 31 of each monitoring year.
Reports will document the condition of preserved habitats, summarize findings, and describe any maintenance or management actions taken.
Annual Monitoring Report
Each report will include:
• Dates of field visits and monitoring activities.
• Qualitative assessments of habitat condition, vegetation communities, and structural features (e.g., nesting substrates).
• Status of any invasive species presence and actions taken, if needed. • Photo point images and descriptions.
• Confirmation of site protection and absence of disturbance. • Recommendation on whether monitoring should continue or if performance standards have been met.
CNDDB Submittals
If any CBB individuals (adult, nest, or overwintering signs) are observed during monitoring, the observation will be reported to the CNDDB within 30 business days, along with GPS coordinates and photographic documentation.
10. FUNDING SOURCES
Funding for the Mitigation Site will be provided by the City of Banning through a nonwasting endowment established in accordance with CDFW guidelines. The endowment will cover the costs of mitigation site preservation and long-term management.
The funding amount will be determined using the Property Analysis Record (PAR) methodology, consistent with Lake and Streambed Alteration Agreement (SAA) Measures
3.3.9–3.3.11.
If mitigation activities are not completed before the initiation of ground-disturbing activities, the City will provide financial assurances—such as a letter of credit or other CDFW-approved instrument—to guarantee full implementation of required mitigation. 912
11. CERTIFICATION
I certify that the information submitted in this application is complete and accurate to the best of my knowledge and belief. I understand that any false statement herein may subject me to suspension or revocation of this permit and to civil and criminal penalties under the laws of the State of California.
Signature: ___________________________
Name & Title:
Date: ___________________________
12. CEQA COMPLIANCE DOCUMENTATION
Lead Agency: City of Banning
Document Type: Mitigated Negative Declaration (MND)
Adoption Date: November 12, 2024
SCH Number: 2024090237
913
ATTACHMENT A
CBB ITP FIGURES
914
c:::J Project Site
0 Lancaster
0 Palmdale
Santa ~larita
Victorville
0 Los Angeles R. .d
o 1vers1 e
Long Beach
O
0 * Cathedral City 0 Indio
Murrieta 0
Oceanside
0 San Diego 0
0 Chu
Na
Mo
1 inch = 517 feet
Figure 1 Project Location
Sun Lakes Boulevard Extension Project-CBB ITP Application OSPREY ~
ENVIRONMENTAL
ASSOCIATES 915
,.
c:::J Project Site
• Crotch's Bumblebee
(CBB)
1 inch = 517 feet
Figure 2 Crotch's Bumblebee Location
Sun Lakes Boulevard Extension Project-CBB ITP Application OSPREY ~
ENVIRONMENTAL
ASSOCIATES 916
,.
D Project Site
• Crotch
's Bumblebee
(CBB)
r_ -., Temporary Impacts
EZa Permanent Impacts
California Buckwheat
Scrub (CBS)
Disturbed Habitat (DH)
fiddleneck - Phacelia
fields (f Pf)
Non-Native Grassland
(NNG)
Non-Vegetated Channel
(NVC)
Sandaster and Perennial
Buckwheat fields
(SAPBf)
Scale Broom Scrub
(SBS)
Urban/Developed (DEV)
1 inch = 517 feet
Figure 3 Project Impacts
Sun Lakes Boulevard Extension Project-CBB ITP Application OSPREY ~
ENVIRONMENTAL
ASSOCIATES 917
Mitigation Site
CA Buckwheat Scrub
(CBS)
Chamise Chapparral
(CCH)
- Desert Willow Woodland
(DWW)
Disturbed Habitat (DH)
- Ironwood Woodland
(IWL)
Mitigation Site
Legend
- Non-Native Grasslands
(NNG)
Non-Vegetated Channel
(NVC)
Scale Broom Scrub Rancho San Gorgonio
(SBS) ~ Conservation Area (760
r .J Preservation Area (CMP) acres)
780-Acre Conaerv
Figure 4 Mitigation Site
Sun Lakes Boulevard Extension Project-CBB ITP Application OSPREY ~
ENVIRONMENTAL
ASSOCIATES 918
ATTACHMENT B
2025 Crotch’s Bumblebee Survey Report for the
Proposed Sun Lakes
Boulevard Extension Project
919
July 14, 2025
Autumn DeWoody
Albert A Webb Associates
Associate Environmental Analyst
Tel: 951-320-6046
Email: [email protected]
Subject: 2025 Crotch’s Bumblebee Survey Report for the Proposed Sun Lakes Boulevard Extension Project
Dear Mrs. DeWoody,
This letter report presents the 2025 results of a focused Crotch’s bumble bee (Bombus crotchii) survey conducted by Osprey Environmental Associates Inc. (OSPREY) for the proposed Sun Lakes Boulevard Extension Project (project). This report has been prepared to fulfill the reporting requirements of the California Department of Fish and Wildlife (CDFW). All figures referenced in this report can be found in Appendix A, while photographs are provided in Appendix B.
PROJECT LOCATION
The project site is located within the City of Banning in Riverside County, California (Figure 1-Project Location). It lies south of Interstate 10, west of State Route 243, and east of Lambs Canyon Road. The site is situated in Sections 7 and 18 of Township 3 South, Range 1 East, as depicted on the United States Geological Survey (USGS) 7.5-minute Beaumont, California topographic quadrangle map (1978).
The elevation across the project area ranges from approximately 2,383 to 2,525 feet above sea level. The approximate geographic coordinates at the center of the site are 33.551285° North latitude and -116.551629° West longitude.
The project encompasses portions of the following Assessor’s Parcel Numbers (APNs):
419-140-039, 537-110-013, 537-110-014, 537-120-023, 537-120-024, 537-120-025, 537- 120-027, 537-120-028, 537-120-029, 537-120-030, 537-120-031, 537-120-033, 537-120- 034, 537-140-001, 537-140-002, 538-323-024, and 538-323-029.
CROTCH’S BUMBLE BEE BACKGROUND
Crotch’s bumble bee (CBB) is among several bumble bee species recommended for listing as endangered under the California Endangered Species Act (CDFW 2023). This species is typically found across wildland and rural regions of California, ranging from sea level up to elevations of around 6,000 feet. It inhabits a variety of environments, including both native and non-native grasslands, coastal marshes, shrublands, chaparrals, oak-juniper and piñon woodlands, as well as transitional desert habitats near the Mojave and Colorado deserts.
920
Like many bumble bee species, CBB typically nests underground in existing cavities, such as abandoned rodent burrows. Adults, including queens, workers, and males, are active during the day and visit a broad array of flowering plants for nectar and pollen.
CBB is known to forage on flowers from a wide range of plant families, such as Asclepidaceae, Asteraceae, Boraginaceae, Brassicaceae, Ericaceae, Fabaceae, Hydrophyllaceae, Lamiaceae, Orobanchaceae, Plumbaginaceae, Polygonaceae, Scrophulariaceae, and Solanaceae. Preferred genera include Asclepias, Salvia, Astragalus, Acmispon, and Vicia.
In early spring, mated females (gynes) emerge from overwintering in soil burrows to establish new colonies, supplying their young with nectar and pollen (CDFW 2023). As the colony develops, non-reproductive workers are produced to support the growing brood. By early to mid-summer, males and new reproductive females appear. These workers and males live only a few weeks, resulting in peak population numbers in late spring and summer. By fall, only gynes remain, and the species becomes nearly undetectable through the winter months when they lie dormant underground.
METHODS
HABITAT ASSESSMENT
Methods used to perform the habitat assessment were based on the CDFW Considerations for CESA Candidate Bumble Bee Species document (CDFW 2023).
Literature and database queries were performed to assist in determining the presence or potential occurrences of the CBB. The following resources were reviewed:
• CDFW California Natural Diversity Database (CNDDB) for areas within 10 miles of the project (CNDDB 2025)
• Inaturalist Observation Database for areas within 10 miles of the project (I Naturalist 2025)
• Bumble Bee Watch for areas within 10 miles of the project (Xerces Society 2025) On May 26, 2025, OSPREY Senior Biologist and CDFW Memorandum of Understanding (MOU) permit holder for CBB, Marshall Paymard, conducted a focused habitat assessment for CBB within the proposed project footprint and an additional 25-foot buffer area. This combined area is hereafter referred to as the study area (Figure 2- CBB Study Area).
The assessment was conducted via pedestrian survey to systematically evaluate the presence and quality of key habitat features associated with CBB life history requirements, including potential foraging and nectar resources, nesting habitat, and overwintering (hibernacula) microhabitats.
During the assessment, vegetation communities and land cover types were field-mapped at a scale of 1 inch = 200 feet using high-resolution, drone-based aerial imagery as a base map. Following the field effort, all mapped vegetation polygons were digitized and spatially quantified using ArcGIS Pro geospatial analysis software. 921
Vegetation classification was performed following the Manual of California Vegetation (MCV), second edition (Sawyer et al. 2009), where appropriate. In cases where direct correlation to MCV alliances or associations was not feasible, classifications were assigned based on the professional judgment of the biologist, ensuring consistency with conservation standards and habitat management practices.
FOCUSED SURVEYS
Marshall Paymard, OSPREY Senior Biologist and authorized CDFW MOU permit holder for CBB, conducted focused surveys within the study area following the CDFW Survey Considerations for CESA Candidate Bumble Bee Species (June 6, 2023) and the U.S Fish and Wildlife Service (USFWS) Survey Protocols for the Rusty Patched Bumble Bee (USFWS 2019). Surveys were conducted during the active colony season (April through August) and included a minimum of three visits spaced at least two weeks apart (see Table 1).
All surveys were performed under favorable weather conditions, with ambient temperatures between 65°F and 90°F, wind speeds below 8 mph, and during appropriate daylight hours—no earlier than one hour after sunrise and concluding at least two hours before sunset. Mr. Paymard walked meandering transects across the study area, spaced to allow full visual coverage, while actively searching for foraging bumble bees and potential nest sites such as small mammal burrows. Survey effort met the threshold of one personhour per three acres of suitable habitat.
Bumble bees were captured using a decontaminated insect net and immediately transferred to a sterile, decontaminated vial. Vials were then placed in a temperaturecontrolled cooler (not below 25°F) for no longer than 45 minutes to temporarily reduce bee activity for safe handling and identification.
Photographs were taken of each captured individual, with each image clearly labeled and linked to the corresponding observation record, including the host plant species at the time of capture. Following documentation, all bees were released in a shaded area near the point of capture to allow for recovery and natural departure.
Table 1. Schedule of Surveys
Survey
Number
Date Hours Personnel Conditions (temperature,
cloud cover, wind speed)
1 May 29, 2025 0900-1800 MP 66°F-76°F, 0%, 0-1 mph
2 June 13, 2025 0808-1810 MP 70°F-88°F, 0%, 2-4 mph
3 June 27, 2025 0700-1804 MP 69°F-89°F, 0%, 1-4 mph
MP=Marshall Paymard
RESULTS
HABITAT ASSESSMENT
A CNDDB query identified seven (7) recorded occurrences of CBB within a 10-mile radius of the study area (CNDDB 2025). The closest record is located approximately one (1) mile 922
to the east of the study area. Additionally, iNaturalist data show 14 verified observations of CBB within the same 10-mile radius (iNaturalist 2025). The Xerces Society’s Bumble Bee Atlas documents three (3) CBB occurrences within the 10-mile search area (Xerces Society 2025).
Vegetation and Land Cover Types
California Buckwheat Scrub (CBS)
California buckwheat scrub is predominantly composed of California buckwheat (Eriogonum fasciculatum), which exhibits a relative cover exceeding 50%, and is the dominant shrub cover across the study area. The understory is characterized by a heterogeneous assemblage of non-native annual grasses, primarily species of the genus Bromus, and herbaceous dicots, notably Erodium spp., which contribute to a weedy ground layer typical of disturbed or transitional habitats. In localized patches, common sandaster (Corethrogyne filaginifolia) occurs at a lower percent cover (>5%), representing a minor yet notable component of the herbaceous layer.
California buckwheat scrub covers approximately 15.52 acres, accounting for 44% of the total study area, and is widely distributed across both the western and eastern portions of the site (Figure 3 – Vegetation and Land Cover). During the habitat assessment, about 25% of the buckwheat was in bloom, while less than 5% of common sandaster was observed flowering. No other species within this community were observed flowering.
Non-Native Grassland (NNG)
Non-native grassland is characterized by the dominance of non-native annual grasses, indicative of a ruderal or disturbed grassland community. Common grass species observed within this assemblage throughout the study area include wild oats (Avena fatua), cheatgrass (Bromus tectorum), red brome (Bromus rubens), and ripgut brome (Bromus diandrus). The herbaceous layer also includes a variety of broad-leaved (forb) species, with notable dominants such as shortpod mustard (Hirschfeldia incana), redstemmed filaree (Erodium cicutarium), and annual ragweed (Ambrosia acanthicarpa), all of which are adapted to open, disturbed conditions.
Non-native grassland is the second most prevalent vegetation community within the study area, occupying approximately 9.77 acres, or 28% of the total area (Figure 3). Shortpod mustard comprises about 5% of this habitat, with all individuals (100%) observed in bloom at the time of the habitat assessment. No other species within this community were observed flowering.
Sandaster and Perennial Buckwheat Fields (SAPBF)
The sandaster and perennial buckwheat field community is characterized by the dominance of common sandaster (Corethrogyne filaginifolia), which comprises more than 50% relative cover within the herbaceous layer. This community also features intermittent patches of longstem buckwheat (Eriogonum elongatum), with localized areas having less than 30% relative cover. Subdominant species include the non-native annual grass red brome and various species of filaree (Erodium spp.), which contribute to the understory composition.
923
This vegetation type is primarily distributed across the central and eastern portions of the study area, forming ecotonal boundaries adjacent to California buckwheat scrub and nonnative grassland communities (Figure 3). Common sandaster and perennial buckwheat fields occupy approximately 5.23 acres, representing 15% of the total study area. During the habitat assessment, less than 5% of common sandaster was observed in bloom, while longstem buckwheat was not observed flowering (0%). No other species within this community were observed flowering.
Disturbed Habitat (DH)
Disturbed habitat encompasses undeveloped areas that have undergone significant anthropogenic alteration, resulting in modified soil conditions and reduced ecological function. These areas retain an earthen substrate and, where vegetation is present, it is primarily composed of ruderal species. Shortpod mustard covers less than 5% of this habitat, with all individuals (100%) observed in bloom at the time of the habitat assessment. No other species within this community were observed flowering. This land cover type includes roads and trails characterized by exposed earthen surfaces, lacking substantial gravel or engineered pavement.
Approximately 2 acres of disturbed habitat is present within the study area (Figure 3).
Fiddleneck - Phacelia Fields (FPF)
The fiddleneck–phacelia field community is characterized by a dominant cover of fiddleneck (Amsinckia spp.), interspersed with non-native annual grasses including red brome and ripgut brome.
Approximately 0.2 acres of this vegetation type are present within the north-central portion of the study area (Figure 3). At the time of the habitat assessment, approximately less than 3% of the fiddleneck spp. was observed in bloom. No other species within this community were observed flowering.
Scale Broom Scrub (SCS)
Scale broom scrub is dominated by California buckwheat with occurrences of scale broom (Lepidospartum squamatum) (>1% absolute cover) occurring within alluvial environments.
Scale broom scrub occupies approximately 0.2 acres within Pershing Creek (Figure 3).
During the habitat assessment, less than 20% of the California buckwheat was observed in bloom, while no scale broom individuals were flowering. No other species within this community were observed in bloom.
Non-Vegetated Channel (NVC)
This land cover type consists of unvegetated or sparsely vegetated stream channels, primarily composed of coarse sandy substrate. Most of the drainages within the project area exhibit minimal vegetative cover, with only scattered patches of mule fat (Baccharis salicifolia), annual ragweed (Ambrosia acanthicarpa), shortpod mustard, and Johnson grass (Sorghum halepense). Shortpod mustard was the only species observed flowering 924
within this community, covering approximately 1% of the area, with all individuals in bloom at the time of the habitat assessment.
Approximately 0.6 acres of this non-vegetated channel habitat is present within the study area, specifically associated with Smith Creek, Pershing Creek, and Highland Wash (Figure 3).
Urban/Developed (DEV)
The urban/developed land cover type encompasses areas that have been significantly altered by anthropogenic activity and generally lack natural soil substrates. These areas are typically dominated by impervious surfaces such as asphalt, concrete, or compacted gravel, and may include ornamental landscaping associated with residential, commercial, or infrastructure development.
Approximately 1.86 acres of urban/developed land occur within the study area (Figure 3).
Foraging Habitat
The study area provides foraging habitat for CBB, primarily due to the presence of California buckwheat scrub, which comprises approximately 44% of the site. This vegetation community serves as the dominant nectar source for CBB, owing to the high relative cover of Eriogonum fasciculatum. Additional floral resources, either actively blooming or expected to bloom seasonally, include shortpod mustard, common sandaster, fiddleneck species, longstem buckwheat, and Erodium species. These species may offer supplementary nectar and pollen during their respective flowering periods.
Blooming plant species observed during each survey and their respective percent covers are summarized in Table 2 below.
Table 2. Flowering Plant Species Percent Cover During Survey Effort *SAPBF= Sandaster and Perennial Buckwheat Fields; NVC= Non-Vegetated Channel 925
Nesting Habitat
Potential nesting resources for CBB—including exposed bare ground, abandoned rodent burrows, and debris or concrete piles—are distributed throughout the study area.
Approximately 0.6 acres of larger, contiguous patches of undisturbed bare ground were identified and mapped during the habitat assessment and were systematically surveyed during focused CBB surveys.
Overwintering Habitat
The study area contains potential overwintering habitat for CBB, including features such as accumulations of leaf litter, woody debris, and brush piles, which may provide suitable insulated microsites for overwintering queens. These habitat features are scattered throughout the study area.
FOCUSED SURVEYS
A single female CBB was observed and captured while foraging on California buckwheat within the project footprint on June 27, 2025, during the final survey effort (Figure 4 – Bombus Locations; Photographs 1–4). In addition, three (3) yellow-faced bumble bees (Bombus vosnesenskii) were also captured and documented during the same survey (Figure 4; Photographs 5–16). All bumble bees were handled in accordance with the conditions outlined in Mr. Paymard’s MOU and the Survey Plan for the project. A CNDDB field survey form was completed and submitted on July 3, 2025, and the CDFW was notified on July 4, 2025.
CONCLUSION
The habitat assessment and focused survey efforts confirm that the study area supports suitable foraging, nesting, and overwintering habitat for CBB. California buckwheat scrub, which comprises approximately 44% of the study area, provides the dominant floral resource, with additional nectar and pollen sources contributed by shortpod mustard, common sandaster, fiddleneck species, and longstem buckwheat. Although floral diversity was somewhat limited, blooming plant species were distributed throughout the site during the survey period. Suitable nesting and overwintering substrates—including bare ground, abandoned rodent burrows, and woody debris—are also present across the study area however, no active nest sites were documented in the study area.
Importantly, one female CBB was observed and captured foraging within the project footprint during the final survey, confirming the species’ presence onsite. This observation, in conjunction with nearby occurrence records from CNDDB, iNaturalist, and the Xerces Society, highlights the ecological value of the site and supports the conclusion that the study area provides functionally suitable habitat for CBB. 926
Should you have any questions regarding this report or require additional information, please do not hesitate to contact me at (949) 356-8476 or [email protected].
Sincerely,
_______________________
Marshall Paymard
Senior Biologist
REFERENCES
Bumble Bee Watch. 2025. Citizen Science Database. Available at:
https://www.bumblebeewatch.org/maps/. Accessed June 2025.
California Department of Fish and Wildlife (CDFW). 2025. California Natural Diversity Database (CNDDB) RareFind 5: Records of Sensitive Elements. Available at:
https://www.wildlife.ca.gov/Data/CNDDB/Maps-and-Data. Accessed May 2025.
California Department of Fish and Wildlife (CDFW). 2023. Survey Considerations for the CESA Candidate Bumble Bee Species. Guidance Document, June 6, 2023.
INaturalist. 2025. Explore Observations: Crotch’s Bumble Bee (Bombus crotchii). Available at: https://www.inaturalist.org/observations?nelat=33.9687381&nelng=- 116.911644&subview=map&swlat=33.831022&swlng=-117.071477&taxon_id=271451.
Accessed June 2025.
Sawyer, J. O., T. Keeler-Wolf, and J. M. Evens. 2009. A manual of California Vegetation, 2nd ed. California Native Plant Society Press, Sacramento, California. Available at:
http://vegetation.cnps.org/. Accessed 2025.
U.S Fish and Wildlife Service (USFWS).2019. Survey Protocols for the Rusty Patched Bumble Bee (Bombus affinis), Version 2.2.
927
Appendix A
Report Figures
928
929
930
931
932
Appendix B
Photographs
933
Photograph 1. Crotch's Bumble Bee
Photograph 2. Crotch's Bumble Bee
934
Photograph 3. Crotch's Bumble Bee
Photograph 4. Crotch's Bumble Bee
935
Photograph 5. Yellow-Faced Bumble Bee (Individual A)
Photograph 6. Yellow-Faced Bumble Bee (Individual A)
936
Photograph 7. Yellow-Faced Bumble Bee (Individual A)
937
Photograph 8. Yellow-Faced Bumble Bee (Individual B)
Photograph 9. Yellow-Faced Bumble Bee (Individual B)
938
Photograph 10. Yellow-Faced Bumble Bee (Individual B)
Photograph 11. Yellow-Faced Bumble Bee (Individual B)
939
Photograph 12. Yellow-Faced Bumble Bee (Individual B)
940
Photograph 13. Yellow-Faced Bumble Bee (Individual C)
Photograph 14. Yellow-Faced Bumble Bee (Individual C)
941
Photograph 15. Yellow-Faced Bumble Bee (Individual C)
Photograph 16. Yellow-Faced Bumble Bee (Individual C)
942
CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Arturo Vela, Interim City Manager
PREPARED BY: Art Vela, Interim City Manager
MEETING DATE: October 28, 2025
SUBJECT: Discussion Regarding the Process Outlined in the City of Banning Manual of Procedural Guidelines for Adding Items to the Agenda RECOMMENDATION:
Discussion Regarding the Process Outlined in the City of Banning Manual of Procedural Guidelines for Adding Items to the Agenda
BACKGROUND:
The City of Banning’s Manual of Procedural Guidelines (“Manual”), last amended on October 8, 2024, establishes the procedures governing all meetings of the City Council, Successor Agency, Housing Authority, Utility Authority, and Financing Authority.
Among other provisions, the Manual outlines the process for preparing meeting agendas (Section 3.5), including the specific steps that must be followed by any member of a Legislative Body seeking to place an item on an agenda:
Section 3.5 (Not in its entirety)
Any Legislative Body member may have the City Manager place any business on the agenda that should be discussed under the item of the regular meeting agenda titled “New Items.” Any Legislative Body member desiring to present a subject for the Legislative Body’s consideration shall advise the City Manager’s office of that fact not later than 12:00 noon on the Tuesday of the week preceding the meeting at which the member wishes the subject to be considered. The matter shall then be listed on the next agenda for discussion under Item 11 (New Items) of the regular meeting agenda. The Legislative Body shall then determine whether the proposed item should be a future agenda item for discussion and deliberation by consensus. The City Manager shall advise the Legislative Body member of constraints affecting staff’s ability to produce an agenda report, and when the matter should be scheduled.
JUSTIFICATION:
Staff is requesting that the City Council provide direction regarding the implementation of Section 3.5, as referenced above, specifically, whether Section 3.5 should be followed as currently written or if the Council wishes to modify its provisions.
Staff is also recommending that the City Council authorize the use of the attached Council Item Request Form. The purpose of this form is to ensure that staff receives sufficient information to properly evaluate, research, and prepare agenda items submitted by Council Members. Utilizing this standardized form will help clarify the intent, background, and desired outcome of each requested item. 943
FISCAL IMPACT:
Not applicable.
ALTERNATIVES:
1. Leave Section 3.5 as is.
2. Modify Section 3.5.
BUDGETED?:
No
CONTRACT/AGREEMENT:
No
ATTACHMENTS:
1. Redline_Banning_Procedural_Manual_-_Cheat_Sheet__006_.pdf
2. Council Item Request Form.pdf
944
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1010
COUNCIL ITEM REQUEST FORM
The Council Item Request Form is for members of the City Council to submit written requests to the City Manager’s Office for inclusion of an item on a future City Council meeting agenda. At the meeting where the initial written request is heard, discussion should be limited to whether the item should be added to an agenda and a date, not the merit of the item. A majority vote of the City Council is required for the item to be added to future Council meeting agenda for action.
CONTACT INFORMATION
Requesting Member of City Council
Contact E-mail
Contact Phone
Today’s Date
WRITTEN REQUEST
I, , hereby request that the following item
be placed on the City of meeting agenda:
Reference:
1011
1 AMENDMENT NO. 4 TO AGREEMENT FOR CONTRACT SERVICES (C00698)
FOR LANDSCAPE MAINTENANCE SERVICES FOR CITY PARKS BETWEEN CITY OF BANNING AND MARIPOSA LANDSCAPES, INC.
THIS AMENDMENT NO. 4 TO THE AGREEMENT FOR LANDSCAPE
MAINTENANCE SERVICES FOR CITY PARKS (“Amendment No. 4”) by and between the CITY OF BANNING (“City”) and MARIPOSA LANDSCAPES, INC. (“Contractor”) is effective as of this day: _______________.
RECITALS
A. On February 23, 2021, the City awarded a Landscape Maintenance Agreement to Mariposa Landscapes, Inc. The Agreement provided that Contractor would provide those services specified in the Agreement and in the Scope of Services attached to the Agreement as Exhibit “A1”. The Agreement included a Schedule of Compensation attached as Exhibit “C” which specified that Contractor’s total compensation would not exceed One Hundred Six Thousand Three Hundred Fifty-Two Dollars ($106,352.00), which included a 10% contingency for additional work.
B. On March 22, 2021, the City and Contractor, executed the Landscape Maintenance Agreement for City Parks – (C00698).
C. On May 10, 2022, the City and Contractor amended the Agreement (“Amendment No. 1”) to extend the term for an additional one-year term to expire June 30, 2023 and increase the compensation for services provided under the Agreement in an amount not to exceed One Hundred One Thousand Six Hundred Thirty-Eight Dollars and Eighty Cents ($101,638.80), as approved by City Council Resolution No. 2022-56.
D. On June 15, 2023, the City and Contractor amended the Agreement (“Amendment No. 2”) to extend the term for an additional one-year term to expire June 30, 2024, modify the scope of services, and increase the compensation for services provided under the Agreement in an amount not to exceed One Hundred Thirty-Five Thousand Eight Hundred Forty-Seven Dollars and Ninety-Seven Cents ($135,847.97), as approved by City Council Resolution No. 2023-095.
E. On May 14, 2024, the City and Contract amended the Agreement (“Amendment No. 3”) to extend the term for an additional one-year term to expire June 30, 2025, modify the scope of services, and increase the compensation for services provided under the Agreement in an amount not to exceed One Hundred and Thirty-Nine Thousand Seven Hundred Eighty-Seven Dollars and Sixty-Four Cents ($139,787.64), as approved by City Council Resolution No. 2024- 067.
F. City and Contractor now desire to amend the Agreement (“Amendment No. 4”) in accordance with City Council approval to exercise the option to extend the Agreement for an additional one-year term ending on June 30, 2026, modify the scope of services to include additional landscape sites and to provide compensation for the additional one-year term and additional services in an amount not to exceed One Hundred Sixty-Seven Thousand Two Hundred Ninety-Six Dollars and Ninety-Five Cents ($167,296.95). The total compensation shall not exceed Docusign Envelope ID: 5115C004-C7BE-4BD4-B53F-3DB158753FC3 May 27, 2025
1012 844
2 Six Hundred Fifty Thousand Nine Hundred Twenty-Three Dollars and Thirty-Six Cents ($650,923.36).
TERMS
1. Contract Changes. The Agreement is amended as follows:
a) Section 1.1 and Exhibit “A” to the Agreement is amended to include the amended scope of services attached as Attachment “1” to this Amendment 4. b) Section 2.1 (“Contract Sum”) of the Agreement is amended to provide that the City agrees to pay Contractor a monthly amount of Twelve Thousand Six Hundred SeventyFour Dollars and Seven Cents ($12,674.07) for twelve (12) months through June 30, 2026. Additionally, the City may authorize extra work for services not included in the agreed Scope of Services of a not to exceed amount of Fifteen Thousand Two Hundred Eight Dollars ($15,208.00) for a total not to exceed amount of One Hundred SixtySeven Thousand Two Hundred Ninety-Six Dollars and Ninety-Five Cents ($167,296.95). The total compensation, including reimbursement for actual expenses shall not exceed Six Hundred Fifty Thousand Nine Hundred Twenty-Three Dollars and Thirty-Six Cents ($650,923.36) (the “Contract Sum”).
c) Section 3.1 (“Term”) of the Agreement is hereby amended to extend the Term of the Agreement to June 30, 2026.
2. Continuing Effect of Agreement. Except as amended by this Amendment No. 4, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 4, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by Amendment Nos. 1 through 4. In the event of a conflict between the provisions of this Amendment No. 4 and the provisions of the Agreement or Amendment Nos. 1 through 4, the provisions of this Amendment No. 4 shall control.
3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Contractor each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.
Contractor represents and warrants to City that, as of the date of this Amendment No. 4, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.
City represents and warrants to Contractor that, as of the date of this Amendment No. 4, Contractor is not in default of any material term of the Agreement and that there have been no Docusign Envelope ID: 5115C004-C7BE-4BD4-B53F-3DB158753FC3 1013 845
3 events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.
4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 4.
5. Authority. The persons executing this Amendment No. 4 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 4 on behalf of said party, (iii) by so executing this Amendment No. 4, such party is formally bound to the provisions of this Amendment No. 4, and (iv) the entering into this Amendment No. 4 does not violate any provision of any other Agreement to which said party is bound.
6. Electronic Signatures. Each Party may adopt as its signature an electronic identification consisting of a symbol or code that is affixed to or contained in each document transmitted by such Party (“electronic signature”). The Parties hereto hereby agree that electronic signatures are acceptable, shall have the same force and effect under the law as original wet signatures, and shall be sufficient to verify that the Parties have executed this Amendment No.4 and such other documents transmitted by the Parties.
[SIGNATURES ON FOLLOWING PAGE]
Docusign Envelope ID: 5115C004-C7BE-4BD4-B53F-3DB158753FC3 1014 846
4 IN WITNESS WHEREOF the Parties hereto have executed this Amendment No. 4 the day and year first hereinabove written.
CITY OF BANNING MARIPOSA LANDSCAPES, INC
Robert Fisher, Date
Acting City Manager
NAME: Date
TITLE:
NAME: Date
TITLE:
ATTEST:
Tax ID No.
Caroline Patton Date
Administrative City Clerk
Address:
APPROVED AS TO FORM:
Solvak, Baron, Empey, Murphy & Pinkney LLP
City Council Approval: _____________
John O. Pinkney Date
City Attorney
NOTE: PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED. APPROPRIATE
ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
Docusign Envelope ID: 5115C004-C7BE-4BD4-B53F-3DB158753FC3 5/28/2025
6232 SANTOS DIAZ ST.
626-960-0196
95-4245898
Antonio Valenzuela
5/29/2025
Secretary
IRWINDALE CA 91702
5/28/2025
Terry Noriega
President
5/29/2025
5/31/2025
2025-071
1015 847
5 ATTACHMENT “1”
Docusign Envelope ID: 5115C004-C7BE-4BD4-B53F-3DB158753FC3 1016 848
AMENDMENT NO. 6 TO AGREEMENT FOR PROFESSIONAL SERVICES (C00763)
FOR LANDSCAPE MAINTENANCE BETWEEN THE CITY OF BANNING AND MARIPOSA LANDSCAPES, INC.
1. PARTIES AND DATE
THIS AMENDMENT NO. 6 TO THE PROFESSIONAL SERVICES AGREEMENT (“Amendment No. 6”) by and between the CITY OF BANNING (“City”) and MARIPOSA LANDSCAPES, INC., a California corporation (“Consultant”) is effective this day of:
__________________.
2. RECITALS
2.1 City and Consultant entered into an agreement dated July 6, 2022 for the purpose of providing Landscape Maintenance Services (“Master Agreement”) following Request for Proposals, RFP #2022-86 and approved by City Council Resolution No.2022-86.
2.2 City and Consultant have entered into an Amendment No.1 to the Master Agreement dated May 8, 2023, for the purpose of modifying the Scope of Services and increasing the compensation by an amount not to exceed Seven Thousand Two-Hundred Forty-Eight Dollars ($7,248.00) to the Master Agreement.
2.3 City and Consultant have entered into an Amendment No.2 to the Master Agreement dated, June 7, 2023 to exercise the option to extend the Agreement for an additional one-year term ending on June 30, 2024, and to provide compensation for the additional one-year term in an amount not to exceed One Hundred Thirty-Nine Thousand Seven Hundred Ninety-Three Dollars and Sixty-Four Cents ($139,793.64) as approved by City Council Resolution No. 2023- 095.
2.4 City and Consultant have entered into an Amendment No.3 to the Master Agreement dated, September 14, 2023 to exercise the option to extend the Agreement for an additional services and to provide compensation in an amount not to exceed Four Thousand Two Hundred Twenty-Four Dollars ($4,224.00).
2.5 City and Consultant have entered into an Amendment No.4 to the Master Agreement dated, June 25, 2024 to exercise the option to extend the Agreement for an additional one-year term ending on June 30, 2025, and to provide compensation for the additional one-year term in an amount not to exceed One Hundred Forty-Eight Thousand Three Hundred Seventy-One Dollars and Forty-Eight Cents ($148,371.48) as approved by City Council Resolution No. 2024-081.
2.6 City and Consultant have entered into an Amendment No.5 to the Master Agreement dated, March 26, 2025 to provide additional compensation for as-needed services in the amount not to exceed Fifteen Thousand Dollars ($15,000.00).
2.7 City and Consultant now desire to amend the Master Agreement to exercise the option to extend the Agreement for an additional one-year term ending on June 30, 2026 and to provide Docusign Envelope ID: 594B2432-B1A7-410A-BDCC-2BEB15A97183 May 27, 2025
1017 832
compensation for the additional one-year term in an amount not to exceed One Hundred Seventy-One Thousand Three Hundred Twenty Dollars ($171,320.00) NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in the Master Agreement, the Parties mutually agree follows:
3. INCORPORATION OF RECITALS
3.1 The recitals listed above are true and correct and are hereby incorporated herein by this reference.
4. AMENDMENT TERMS
4.1 The maximum compensation for services performed pursuant to this Amendment No. 6 to the Master Agreement, is hereby amended and shall not exceed One Hundred Seventy-One Thousand Three Hundred Twenty Dollars ($171,320.00) thereby increasing the total not to exceed compensation of the Master Agreement to the amount of Six Hundred Twenty-Six Thousand Seven Hundred Sixty-Four Dollars and Twelve Cents ($626,764.12). Work shall be performed at the rates set forth in the Master Agreement.
4.2 The Scope of Services as set forth in Section 1.1 of and Exhibit A to the Agreement is hereby amended to include the Services set forth in Attachment A, attached hereto and incorporated herein.
4.3 The Term of the Agreement, as set forth in Section 3.4 of the Agreement, is hereby extended through June 30, 2026, unless sooner terminated or extended as provided in the Agreement.
4.4 Continuing Effect of Agreement. Except as amended by this Amendment No. 6, all provisions of the Master Agreement as amended by Amendment No. 1, Amendment No. 2, Amendment No. 3, Amendment No. 4 and Amendment No. 5, shall remain unchanged and in full force and effect.
4.5 The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 6.
4.6 The persons executing this Amendment No. 6 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 6 on behalf of said party, (iii) by so executing this Amendment No. 6, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Amendment No. 6 does not violate any provision of any other Agreement to which said party is bound.
4.7 This Amendment No. 6 may be signed in counterparts, each of which shall constitute an original.
4.8 Each Party may adopt as its signature an electronic identification consisting of a symbol or code that is affixed to or contained in each document transmitted by such Party (“electronic Docusign Envelope ID: 594B2432-B1A7-410A-BDCC-2BEB15A97183 1018 833
signature”). The Parties hereto herby agree that electronic signatures are acceptable, shall have the same force and effect under the law as original wet signatures, and shall be sufficient to verify that the Parties have executed this Agreement and such other documents transmitted by the Parties.
[SIGNATURES ON FOLLOWING PAGE]
Docusign Envelope ID: 594B2432-B1A7-410A-BDCC-2BEB15A97183 1019 834
IN WITNESS WHEREOF the Parties hereto have executed this Amendment No. 6 to the Master Agreement the day and year first hereinabove written.
CITY OF BANNING CONSULTANT
Robert Fisher, Date
Acting City Manager
NAME: Date
TITLE:
NAME: Date
TITLE:
ATTEST:
Caroline Patton Date
Administrative City Clerk
APPROVED AS TO FORM:
Solvak, Baron, Empey, Murphy & Pinkney
LLP
John O. Pinkney
City Attorney
NOTE: PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED. APPROPRIATE
ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO THE CONSULTANT’S BUSINESS ENTITY.
Docusign Envelope ID: 594B2432-B1A7-410A-BDCC-2BEB15A97183 Secretary
5/29/2025
Antonio Valenzuela
Terry Noriega
5/28/2025
President
5/29/2025
5/31/2025
1020 835
ATTACHMENT “A”
Docusign Envelope ID: 594B2432-B1A7-410A-BDCC-2BEB15A97183 1021 836
AMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT
(C01040) FOR LMD NO. 1 LANDSCAPE MAINTENANCE SERVICES
BY AND BETWEEN CITY OF BANNING AND MARIPOSA
LANDSCAPES, INC.
THIS AMENDMENT NO. 1 TO THE CONTRACT SERVICES AGREEMENT FOR SERVICES (“Amendment No. 1”) by and between the CITY OF BANNING (“City”) and Mariposa Landscapes, Inc., a California Corporation (“Contractor”) is effective as of this day: ______________.
RECITALS
A. City and Contractor entered into that certain Contract dated June 25, 2024 for the purpose of providing LMD.1 Landscape Maintenance Services (“Agreement”) following Landscape Maintenance Services for LMD No.1 by bid RFP #23-061, as approved by City Council Resolution 2024-108.
B. City and Contractor now desire to amend the Agreement to modify the Scope of Services, extend the Term of the Agreement to June 30, 2026, and increase the Contract Sum to One Hundred Eighty-Three Thousand Two Hundred Thirteen Dollars and Thirty-Four Cents ($183,213.34).
The Parties therefore agree follows:
1. Amended Terms. The Agreement is hereby amended as follows:
1.1 The Scope of Services as set forth in Section 1.1 of and Exhibit A to the Agreement is hereby amended to include the Services set forth in Attachment A, attached hereto and incorporated herein.
1.2 The maximum compensation for the Services performed pursuant to this Amendment No. 1 shall not exceed Ninety Thousand Two Dollars and Eight Cents ($90,002.08) thereby increasing the Contract Sum, as set forth in Section
2.1 of the Agreement, to One Hundred Eighty-Three Thousand Two Hundred Thirteen Dollars and Thirty-Four Cents ($183,213.34)
1.3 The Term of the Agreement, as set forth in Section 3.4 of the Agreement, is hereby extended through June 30, 2026, unless sooner terminated or extended as provided in the Agreement.
1.4 Exhibit C-1 to the Agreement is hereby amended to read as set forth in Attachment 1, attached hereto and incorporated herein.
2. Miscellaneous Provisions
2.1 Continued Effect of Agreement. Except as amended by this Amendment No. 1, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 1, whenever the term Docusign Envelope ID: 4BDF2F06-2B0F-4ACD-A99C-208EC63ACC1F May 27, 2025
1022 86
“Agreement” appears in the Agreement, it shall mean the Agreement, as amended by Amendment No.1. In the event of a conflict between the provisions of this Amendment No. 1 and the provisions of the Agreement or Amendments No. 1 the provisions of this Amendment No. 1 shall control.
2.2 Consideration for Amendment. The parties hereby agree that they have each received adequate and independent consideration for the modifications to the Agreement set forth in this Amendment No. 1.
2.3 Authority. The persons executing this Amendment No. 1 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 1 on behalf of said party, (iii) by so executing this Amendment No. 1, such party is formally bound to the provisions of this Amendment No. 1, and (iv) entering into this Amendment No. 1 does not violate any provision of any other agreement to which said party is bound.
2.4 Counterparts. This Amendment No. 1 may be signed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument.
2.5 Electronic Signatures. Each Party may adopt as its signature an electronic identification consisting of a symbol or code that is affixed to or contained in each document transmitted by such Party (“electronic signature”). The Parties hereto herby agree that electronic signatures are acceptable, shall have the same force and effect under the law as original wet signatures, and shall be sufficient to verify that the Parties have executed this Agreement and such other documents transmitted by the Parties.
[SIGNATURE PAGE FOLLOWS]
Docusign Envelope ID: 4BDF2F06-2B0F-4ACD-A99C-208EC63ACC1F 1023 87
The Parties are signing this Amendment No. 1 on the date stated in the introductory clause.
CITY OF BANNING MARIPOSA LANDSCAPES, INC
Robert Fisher,
Acting City Manager
NAME:
TITLE:
City Council Approval: _______________ NAME:
TITLE:
ATTEST:
Caroline Patton
Administrative City Clerk
APPROVED AS TO FORM:
Solvak, Baron, Empey, Murphy & Pinkney
LLP
John O. Pinkney
City Attorney
NOTE: PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED.
APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE
BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY.
Docusign Envelope ID: 4BDF2F06-2B0F-4ACD-A99C-208EC63ACC1F Antonio Valenzuela
Secretary
President
Terry Noriega
2025-067
1024 88
ATTACHMENT NO. 1
FY 2025-2026 BID SHEET PROPOSAL
“Operation and Maintenance of Landscape Maintenance District No. 1” ZONE TRACT NO. SPECIFIC LOCATION FREQUENCY
UNIT COST
(PRICE/
MONTH)
1 22810, 22811,
22913
Oregon Trail, east side, per site
visit with staff
Shrubs and ground cover
quarterly.
$324.52
1 30186 Mountain Avenue, Wilson Street
and Oregon Trail west side, does
not include Retention Basin, per
Plans and site visit with staff
Shrubs and ground cover
quarterly.
$739.80
1 30222 Mountain Avenue, per Plans and
site visit
Shrubs and ground cover
quarterly.
$215.26
2 21882 Wilson Street and Highland
Home Road west side, per Site
Visit with staff
Mowing frequencies:
Weekly during May 1
through Aug. 31; Biweekly
during Sept. 1 through Oct.
31 and April 1 through
April 30; Monthly Nov. 1
through March 31. Shrub
frequencies: Biweekly
May 1 through Aug. 31,
then monthly.
$636.07
2 23446 Wilson Street and Highland
Home Road east side, includes
median on Highland Home Road,
per Site Visit with staff
Mowing frequencies:
Weekly during May 1
through Aug. 31; Biweekly
during Sept. 1 through Oct.
31 and April 1 through
April 30; Monthly Nov. 1
through March 31. Shrub
frequencies: Biweekly
May 1 through Aug. 31,
then monthly.
$636.07
3 29721 Wilson Street and Omar Street,
east side, per Site Visit with staff
and per Plans
Mowing frequencies:
Biweekly during May 1
through Aug. 31; Monthly
Sept. 1 through April 30.
Shrubs frequency:
quarterly.
$98.95
4 32109 Wilson Street and Alder Court,
west side, per Site Visit with staff
and per Plans
Shrubs and ground cover
quarterly.
$185.67
Docusign Envelope ID: 4BDF2F06-2B0F-4ACD-A99C-208EC63ACC1F 1025 89
5 23598 Wilson Street, Sunrise Ave. and
includes Moonbeam Drive
frontage per site visit with staff
and per Plans
Mowing frequencies:
Biweekly during May 1
through Aug. 31; Monthly
Sept. 1 through April 30.
Shrubs frequency:
quarterly.
$449.65
6 28252 Hathaway Street, west side, per
Plans and site visit with staff
Mowing frequencies:
Weekly during May 1
through Aug. 31; Biweekly
during Sept. 1 through Oct.
31 and April 1 through
April 30; Monthly Nov. 1
through March 31. Shrub
frequencies: Biweekly
May 1 through Aug. 31,
then monthly.
$299.27
6 28252 Retention Basin, per Plans and
site visit with staff
Mowing frequencies:
Weekly during May 1
through Aug. 31; Biweekly
during Sept. 1 through Oct.
31 and April 1 through
April 30; Monthly Nov. 1
through March 31. Shrub
frequencies: Biweekly
May 1 through Aug. 31,
then monthly.
$243.04
7 30793 Wilson Street, Foothill Drive,
includes portion of Omar Street,
per Site Visit with staff and per
Plans
Shrub frequencies:
Biweekly May 1 through
Aug. 31, then monthly.
$181.21
8 31833 Charles Street, north side, per
Site Visit with staff and per Plans
Mowing frequencies:
Biweekly during May 1
through Aug. 31; Monthly
Sept. 1 through April 30.
$110.59
8 31834 Charles Street, south side, per
Site Visit with staff and per Plans
Mowing frequencies:
Biweekly during May 1
through Aug. 31; Monthly
Sept. 1 through April 30.
$110.59
9 31835 Charles Street, Hargrave Street
and Victory Avenue, (tract
perimeter) per Site Visit with
staff and per Plans
Shrubs and ground cover
quarterly.
$517.84
10 30906 Mountain Avenue, west side and
interior Oak Lane, per Site Visit
and per Plans
Mowing frequencies:
Weekly during May 1
through Aug. 31; Biweekly
during Sept. 1 through Oct.
31 and April 1 through
April 30; Monthly Nov. 1
through March 31. Shrub
$400.86
Docusign Envelope ID: 4BDF2F06-2B0F-4ACD-A99C-208EC63ACC1F 1026 830
frequencies: Biweekly
May 1 through Aug. 31,
then monthly.
10/11 30906, 32370 Retention Basin, per Site Visit
and per Plans
Tree trimming annually. $191.47
11 32370 Mountain Avenue, west side,
North and South of Cedar Lane,
frontage along the tract, per Site
Visit and per Plans
Shrub frequencies:
Biweekly May 1 through
Aug. 31, then monthly.
$75.98
GRAND TOTAL:
(Cost/month) $5,416.84
Note:“Per plans” means the Tract has improvement plans on file.
Retention Basins in Zone 1 will include trash pickup and weed abatement twice per year in price above for Zone 1. The frequency may be reduced in a Zone depending on the budget for that Zone during the term of the contract or Fiscal Year.
CPI OF 2.94% was applied to the original Bid Sheet cost submitted in the FY 24/25 proposal, per the Contract.
TOTAL ANNUAL COST FOR LMD NO. 1 FY 25/26: $65,002.08
Docusign Envelope ID: 4BDF2F06-2B0F-4ACD-A99C-208EC63ACC1F 1027 831
GRANT AGREEMENT BETWEEN THE STATE OF CALIFORNIA
(DEPARTMENT OF WATER RESOURCES) AND
CITY OF BANNING
AGREEMENT NUMBER 4600014457
URBAN AND MULTIBENEFIT DROUGHT RELIEF GRANT
Amendment 1
THIS GRANT AGREEMENT is entered into by and between the Department of Water Resources of the State of California, herein referred to as the "State" or “DWR,” and the City of Banning, a public agency in the State of California, duly organized, existing, and acting pursuant to the laws thereof, herein referred to as the "Grantee," which parties do hereby agree as follows:
1) PURPOSE. The State shall provide funding from the Budget Act of 2021 (Stats. 2021, ch. 240, § 80) to the Grantee to assist in financing the Project. By executing this Agreement, the Grantee certifies that the purpose of the Project is in response to a drought scenario, as defined by Water Code section 13198(a) and is intended to: (1) address immediate impacts on human health and safety; (2) address immediate impacts on fish and wildlife resources; or, (3) provide water to persons or communities that lose or are threatened with the loss or contamination of water supplies.
2) TERM OF GRANT AGREEMENT. The term of this Grant Agreement begins on December 22, 2021 and ends three (3) years following the final payment unless otherwise terminated or amended as provided in this Grant Agreement. However, all work shall be completed by December 31, 2025 , in accordance with the Schedule as set forth in Exhibit C and no funds may be requested after March 31 2026. 3) GRANT AMOUNT. The maximum amount payable by the State under this Grant Agreement shall not exceed $2,475,000. Any additional costs are the responsibility of the Grantee. 4) BASIC CONDITIONS.
A. The State shall have no obligation to disburse money for the Project(s) under this Grant Agreement until the Grantee has satisfied the following conditions (if applicable):
i. The Grantee shall demonstrate compliance with all eligibility criteria as set forth of the 2021 Urban and Multibenefit Drought Relief Grant Program Guidelines and Proposal Solicitation Package (2021 Guidelines).
ii. For the term of this Agreement, the Grantee shall submit Quarterly Progress Reports which must accompany an invoice and all invoice backup documentation ($0 Invoices are acceptable). The Quarterly Progress Report shall be submitted within 60 days following the end of the calendar quarter (i.e., reports due May 30, August 29, November 29, and March 1) and all other deliverables as required by Paragraph 12, “Submission of Reports” and Exhibit A, “Work Plan”. iii. Prior to the commencement of construction or implementation activities, if applicable, the Grantee shall submit the following to the State.
1. Final plans and specifications certified, signed and stamped by a California Registered Civil Engineer (or equivalent registered professional as appropriate) to certify compliance for each approved project as listed in Exhibit A of this Grant Agreement.
2. Work that is subject to the California Environmental Quality Act (CEQA) (including final land purchases) shall not proceed under this Grant Agreement until the following actions are performed:
a) The Grantee submits to the State all applicable environmental permits, as indicated on the Environmental Information Form to the State,
b) Documents that satisfy the CEQA process are received by the State, and c) The Grantee receives written notification from the State of concurrence with the Lead Agency’s CEQA documents (s) and State’s notice of verification of environmental permit submittal.
The State’s concurrence of Lead Agency’s CEQA documents is fully discretionary and shall constitute a condition precedent to any work (i.e., construction or implementation activities) for which it is required.
Once CEQA documentation has been completed, the State will consider the environmental documents Docusign Envelope ID: 514144AE-4EAB-4716-9DCA-7B119ABCEFC0 Docusign Envelope ID: 655C614D-E962-4B63-B413-7AE9DD83020F 1028 465
Grant Agreement No. 4600014457