Fontana City Council
September 8, 2026

Corporate Office – Orange County Telephone: 949.788.4900 16431 Scientific Way Facsimile: 949.788.4901
Irvine, CA 92618-4355 Website: www.ultrasystems.com
August 4, 2026
Project No: 7170B/7170J, Proposal #02

Jeffrey Kim, Engineering Manager VIA EMAIL
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335

Subject: Proposal #0 2 Previously Completed Work, ITP Amendment, and Permit Conditions Require ments for the Cherry/Victoria Infrastructure Project, Fontana, California

Dear Jeffrey:

Per your request we have combined several previous proposals into one all -inclusive proposal.

UltraSystems Environmental Inc. (UltraSystems) is pleased to provide our scope and cost for several tasks including work already completed, the ITP Amendment, and work required per the conditions of the regulatory permits (CDFW- LSAA EPIMS-SBR-58314-R6, .RWQCB - WDR – WDID No. 362025- 25, ITP No. 2081 -2025-064-062081-2025-079-06) for the Cherry Avenue and Victoria Street Complete Streets Infrastructure Project (Infrastructure Project), in Fontana, California.

1.0 SCOPE OF WORK
MAJOR TASK 1.0: (ALREADY COMPLETED ) MITIGATION STRATEGY DEVELOPMENT & CDFW

CONSULTATION
During CDFW’s review process of the Infrastructure Project’s ITP (2081-2025-064-06), UltraSystems staff have coordinated with CDFW staff, the Client, and the Project Applicant (i.e., the City) to work toward the development of an ITP that serves to protect burrowing owl individuals that would be impacted by project activities while at the same time advocating for reasonable mitigation requirements. UltraSystems assisted the City and Intex in April 2026 in support of consultation with CDFW to explore pathway s to reduce the financial cost associated with meeting mitigation requirements within the Infrastructure Project’s ITP.

Task 1.1: Comparison of CDFW Proposed Habitat Mitigation with Three Alternative Mitigation Scenarios (Already Completed). On April 10, 2026, CDFW hosted a meeting with the City, Intex, and UltraSystems to discuss the ITP and ITP mitigation requirements. Following this meeting, and at the request of the Client, UltraSystems prepared a report proposing alternative mitigation scenarios for the City’s consideration; approved scenarios are to be proposed to CDFW in an ITP Amendment Request pending the completion of supporting burrowing owl nesting season surveys (see Task 1).

The report included : (1) four tables (one table per mitigation scenario ) summarizing estimated habitat mitigation acreage requirements; (2) four tables (one per mitigation scenario) summarizing estimated habitat mitigation costs , and 3) four figures (one per mitigation scenario) depicting the Jeffrey Kim, Engineering Manager
City of Fontana
August 4, 2026

acreage of suitable burrowing owl habitat for which mitigation would be required . This urgent task involved one Senior Biologist, one Staff Biologist, and one Project Manager.

Deliverables (already provided)
• One electronic copy of the draft/final mitigation scenario report, including eight tables and four maps, to the Client.

Task 1.2: Preparation of Talking Points for the City for its April 27, 2026, CDFW Meeting (Already Completed). After reviewing the Mitigation Scenarios Report (see Task 1.1), the City sent a list of questions to UltraSystems, asking for expedited responses so the City could discuss the scenarios during its meeting with CDFW on April 27, 2026.

Responses to the City’s questions and an additional report included: (1) detailed responses to five questions submitted by the City; (2) a meeting between the City, Intex , and UltraSystems to determine a strategy for presenting revised alternative mitigation requirements to convince CDFW to lower requirements detailed in the Infrastructure Project’s ITP; (3) three new tables, one providing proposed mitigation ratios for suitable habitat per project section, one comparing mitigation requirements for the Infrastructure Project’s ITP with four other ITP in the CDFW’s Inland Desert Region, and one summarizing proposed mitigation reductions; and (4) discussion of six topics regarding why the existing ITP’s requirements are burdensome and a proposed solution for lowering the mitigation requirements . This expedited task involved one Senior Biologist, one Staff Biologist, and one Project Manager.

Deliverables (already provided)
• One electronic copy of the draft/final responses to the City’s questions, to the Client. • One electronic copy of the draft/final memo report presenting a case to CDFW for lowering the mitigation requirements, to the Client.

Task 1.3: CDFW Consultation – Preview and Final Approved ITP (Already Completed). This task facilitates routine permit coordination with CDFW regarding the development of a n approved ITP.

This task includes the preparation for, participation in, and follow-up actions related to the Preview ITP meeting that CDFW conducted with UltraSystems, the Client, and the Project Applicant (i.e., the City).

Task 1.4: Habitat Mitigation Land and Receiver Site Research (Already Completed). This task covers research and outreach to potential habitat mitigation land property owners and conservation banks. UltraSystems biological staff researched potential mitigation sites for burrowing owl and met with a representative from Lewis Management Corp. to discuss the prospect of acquiring an 85-acre parcel of dry farming agricultural land, or a subdivision thereof, for the purpose of using it as a BUOW mitigation land that would be protected into perpetuity. This site is adjacent to a site at which six pairs of BUOWs were moved as part of mitigation activities for projects in Fontana, California.

UltraSystems is investigating other potential habitat mitigation lands that would meet CDFW’s criteria for this requirement.

Task 1.5: ITP Mitigation Coordination (Already Completed). UltraSystems management staff have participated in a Preview ITP meeting with CDFW to review a preliminary draft of the ITP in which mitigation requirements were reviewed and implementation challenges were identified.

Jeffrey Kim, Engineering Manager
City of Fontana
August 4, 2026

UltraSystems subsequently worked with the City and Intex to devise strategies for approaching CDFW with less restrictive and costly alternatives to mitigating project impacts to BUOWs.

To ensure effective communication between UltraSystems , Intex, and the City , two (2) progress meetings via Teams or Zoom were conducted as well as several email and phone correspondence. To the extent feasible, meeting schedules corresponded with draft deliverables or related milestone events and were preceded by the delivery of draft documents to the Client for their review, prior to the meeting date.

MAJOR TASK 2.0: BUOW SURVEYS/HABITAT QUALITY ASSESSMENT OVERAGES AND OUT-OF-

SCOPE TASKS (MOSTLY ALREADY COMPLETED)
This task is to cover overages and out -of-scope costs that have been incurred under Task Order #1.

The original Task Order #1 was greatly under-budgeted for several reasons:

To allow for quick approval of the surveys so we could start right away because the survey season was going to run out if we were not able to start right away. The BUOW protocol surveys need to be conducted in a specific timeframe in order to satisfy CDFW’s request to conduct the surveys and Habitat Quality Assessment during this breading season that just occurred in support of the ITP amendment that must be prepared for the project (please see the attached previous contract for surveys to show what they previously cost).

We did not know at the time we were going to need to deploy/retrieve a total of 40 cameras at burrows. The camera burrow monitoring was required by CDFW for the Habitat Quality Assessment.

The 40 cameras documented sign at over 40 burrows and produced extensive video footage — many cameras recorded over 30,000 seconds (8+ hours) of continuous video, requiring approximately 10 hours of dedicated review time per camera to determine owl presence or absence. This footage required us to add additional staff working full time to download, review, organize, document, and log the footage to be used properly for the reports and to be able to provide to the CDFW as they requested.

Additionally, the survey and mapping effort exceeded original assumptions. To thoroughly inspect vineyard rows for burrow sign, transect spacing was reduced from 60 feet to 40 feet so every grape plant base could be inspected, and every potential burrow wa s examined using flashlights and mirrors to check burrow aprons and tunnels. The survey area around the Old San Sevaine Channel was also wider than originally scoped, and burrows in vineyard rows were frequently obscured by grape plants, increasing the time needed to locate, map, and document them.

The Habitat Quality Assessment also took longer than planned due to the high diversity of habitat conditions across the survey area. Areas that had been disked still contained burrows and could not simply be classified as unsuitable, and ongoing disking and maintenance activity — along with active construction near Kestrel Drive — changed habitat suitability during the survey period, requiring reassessment. Representing 100% coverage of the survey area across five distinct habitat suitability levels required extensive field time to delineate habitat polygons and substantial post-processing to finalize them.

Jeffrey Kim, Engineering Manager
City of Fontana
August 4, 2026

The documentation, data processing, and mapping that has been done for a detailed and accurate Habitat Quality Assessment to support the ITP Amendment and reducing habitat impacts has required more hours than originally planned. The Draft and Final BUOW Survey Reports required incorporating novel maps and analyses not considered in previous reports, along with a high level of quality assurance to ensure that all aspects of the ITP and permitting requirements were fully addressed. Project management and coordination hours likewise exceeded original assumptions, given the high level of coordination needed to keep the analysis accurate and consistent with agency directives. Our goal is to support the City with a favorable outcome for less habitat impacts and detailed evidence to support that so the CDFW will approve.

MAJOR TASK 3.0: CROTCH’S BUMBLE BEE SURVEYS
The LSAA permit conditions require Crotch’s bumble bee ( Bombus crotchii; CBB) surveys be conducted in the LSAA permit impact area within Old San Sevaine Channel, plus a 500 -foot buffer area. Since construction is planned to start March 2027 and the peak flowering period of herbaceous plants within the project site occurs between Mar ch through June, we began the first two rounds of surveys in June 2026. We recommend the next round of surveys begins immediately (before July 15, 2026) while the current BUOW surveys are being conducted.

2.14 Crotch’s Bumble Bee. Crotch's bumble bee is a candidate species for listing pursuant to the California Endangered Species Act (Fish & G. Code, § 2050 et seq.). Permittee shall designate a Crotch’s bumble bee approved biologist (Designated Biologist(s)) that is knowledgeable about the species natural history, habitat requirements, seasonal movements, and range to survey and monitor for Crotch’s bumble bee prior to project activities. Surveys should be conducted during flying season when the species is most likely to be detected above ground, between March 1 to September 1 (Thorp et al. 1983). Survey results, including negative findings, should be submitted to CDFW prior to implementing project -activities. If Crotch’s bumble bee is detected, the Designated Biologist should immediately notify CDFW. In addition, the Permittee in consultation with the Designated Biologist(s) should develop a Crotch’s Bumble Bee Avoidance Plan. At a minimum, the avoidance plan should identify the location of all nests in or adjacent to the project site as well as all inactive small mammal burrows. If an inactive burrow may be disturbed by project activities, it should be resurveyed for Crotch’s bumble bee within seven (7) days prior to the scheduled disturbance. A minimum 100 -foot no disturbance buffer zone should be established around nests to reduce the risk of disturbance or accidental take. The Designated Biologist(s) should expand the buffer zone as necessary to prevent disturbance or take. If full avoidance cannot be accomplished, Permittee shall postpone the project until appropriate CESA authorization is obtained.

Task 3.1: Focused (April to August) Crotch’s Bumble Bee (CBB) Surveys (Already Completed).

In accordance with the CBB Survey Considerations (2023), UltraSystems’ biologists will conduct three CBB surveys during the CBB colony active period (April to August). Surveys will be conducted by biologists who are familiar with CBB habitat, natural history, ecology, behavior, and field identification of the species.

Surveys are most effective when CBB activity or foraging is most likely to occur, typically when floral resources are present. Based on biological surveys conducted between 2022 through 2025, the peak flowering period of herbaceous plants within the project site occurs between March through June. To maximize the likelihood of observing CBB, UltraSystems biologists conducted the first two CBB Jeffrey Kim, Engineering Manager
City of Fontana
August 4, 2026

surveys in June, which coincided with both the peak bloom period within the project site and CBB’s colony active period. To ensure that the third survey also occur s within the period of higher CBB activity, it is advisable it completed by July 15. All surveys will be conducted within the LSAA permit impact area, represented within Attachment 1, Impacts to Jurisdictional Waters, and a 500-foot buffer around that impact area. These survey results will be reported to the wildlife agencies as required by the permit conditions.

Task 3.2: CBB Survey Report. Following completion of the focused CBB surveys by biologists, UltraSystems will finalize the focused CBB survey report in accordance with the guidelines described in the CBB Survey Considerations and as required by the LSAA Permit. The report will: (1) summarize information regarding the CBB’s natural history; (2) assess the habitat of the survey area and its suitability for CBB; (3) describe the number, behavior, and location of any CBBs detected during the surveys or assess the potential presence of CBB onsite; (4) analyze the potential impacts to CBB from project development; and (5) recommend, as appropriate, best management practices (BMPs), avoidance and protection measures, and mitigation measures to reduce or avoid potential impacts to CBB. If CBB nest locations are detected, a detailed description of the nest sides including substrate, point counts of the bees at the site, location, aspect, vegetation, and surrounding land use will be provided. A buffer will be established around the nest site for one nesting season, or in accordance with the LSAA conditions.

The report will include: (1) methods and results of the literature review and field surveys; (2) figures depicting the location of CBBs; and 3) site photographs.

Deliverables
• One electronic copy each of the draft/final focused CBB survey report to the Client and CDFW.

MAJOR TASK 4.0: SAN BERNARDINO KANGAROO RAT SURVEYS
The LSAA permit conditions require San Bernardino kangaroo rat ( Dipodomys merriami parvus ; SBKR) surveys to be conducted in the LSAA permit impact area, which is within Old San Sevaine Channel, plus a 500 -foot buffer area. These surveys should be conducted during the active season (April 1 through October 31) and, since construction is planned to start March 2027, we recommend these surveys be conducted this year before the end of October 2026.

2.10 San Bernardino Kanga roo Rat. Permittee shall prepare a plan to conduct pre - project protocol trapping for San Bernardino kangaroo rat (SBKR) within the project footprint and a 500-foot buffer and shall submit the plan to CDFW for review and approval prior to implementation. Nighttime temperatures during the trapping must be greater than 50 degrees Fahrenheit. The results of the protocol trapping shall be provided to CDFW no less than 30 days prior to the start of project activities . If SBKR are present, all project activities must avoid take, unless CESA authorization is obtained, and no project activities are authorized under this Agreement without additional written approval from CDFW. This Agreement does not provide authorization for take of any listed species.

Task 4.1: Protocol San Bernardino Kangaroo Rat (SBKR) Surveys . The project site is located in the known distributional range of the San Bernardino kangaroo rat (SBKR) ( Dipodomys merriami parvus) and contains suitable habitats to potentially support this species. A permitted biologist Jeffrey Kim, Engineering Manager
City of Fontana
August 4, 2026

holding valid section 10(a)(1)(A) recovery permit from the United States Fish and Wildlife Service (USFWS) will conduct protocol SBKR surveys in accordance with agency guidelines . The purpose of the surveys is to detect the presence of SBKR within the project site.

A habitat assessment and focused trapping surveys (protocol SBKR surveys) will be conducted within the LSAA permit impact area, represented within Attachment 1, Impacts to Jurisdictional Waters, and a 500- foot buffer around that area. The habitat assessment will determine where suitable SBKR habitat occurs within the survey area. Focused trapping surveys will be performed within the areas containing suitable burrows. The live-trapping program will be conducted over five (5) consecutive nights;unless the trapping program at a given site will be terminated if an SBKR or other special - status small mammal is trapped prior to the fifth night. If more than one site is present in a project area, trapping would continue up to five nights in areas where SBKR or other special -status small mammal have not yet been trapped or until USFWS has provided written approval to discontinue trapping.

At a given site, all traps must be located in areas that best typify SBKR or other special -status small mammal habitat and near burrow entrances, along runways, and near rodent sign, if possible. Traps shall be checked at least twice per night, once near midnight and again at sunrise. Animals will be held only so long as to identify to species, sex, and age -class and then released at the trap site.

Trapping will be conducted under mild weather co nditions, with minimum temperatures greater than 50° Fahrenheit and atmospheric conditions relatively dry, and calm. Trapping shall not be conducted in extended periods of wind, rain or fog that may jeopardize the lives of SBKR or other special-status small mammals.

All traps shall be 12 -inch Sherman live traps or traps of similar design and efficiency. Such similar non-Sherman traps shall be approved by the CDFW and Carlsbad Fish and Wildlife Office (CFWO) (for SBKR only) prior to their use. All trap models shall be modified to eliminate or substantially reduce the risk of injury (e.g., tail lacerations).

No mutilation marking scheme (e.g., toe -clipping, ear clipping) shall be allowed. No invasive technique (e.g., PIT-tagging) will be allowed unless authorized by the CDFW CFWO (for SBKR only). 1 Task 4.2: Protocol SBKR Survey Report. Following completion of the SBKR habitat assessment and focused trapping surveys, the permitted biologist will prepare a n SBKR habitat assessment and focused trapping survey report (protocol SBKR survey report) in accordance with agency guidelines.

The report will: 1) summarize information regarding the SBKR’s natural history; 2) assess the habitat of the survey area and its suitability for the SBKR; 3) assess the potential presence of the SBKR onsite; 4) analyze the potential impacts on the SBKR from project development; and 5) recommend, as appropriate, best management practices (BMPs), avoidance and protection measures, and mitigation measures to reduce or avoid potential impacts on SBKRs . The report will include: 1) methods and results of the literature review and field surveys; 2) figures depicting the location of SBKRs, if any; 3) site photographs; and 4) data forms.

1 In lieu of an officially designated USFWS SBKR survey protocol, the survey methodology was adapted from the 2014 San Bernardino and Aguanga Kangaroo Rat Survey protocol for the Western Riverside County Multiple Species Habitat Plan.

San Bernardino and Aguanga Kangaroo Rat Surveys (wrc-rca.org) Jeffrey Kim, Engineering Manager
City of Fontana
August 4, 2026

Deliverables
• One electronic copy of the draft and final protocol SBKR survey report to the Client. • One electronic copy of the final protocol SBKR survey report to the CDFW and USFWS.

MAJOR TASK 5.0: INCIDENTAL TAKE PERMIT AMENDMENT APPLICATION Task 5.1: Incidental Take Permit Amendment Application. CDFW will require an ITP Amendment Application as part of the process of re -evaluating the mitigation requirements determined for the Infrastructure Project’s ITP. Incidental Take Permit Amendment application packages would include, but not be limited to, revisions to the Environmental Setting, Analysis of Take and Effects, Take and Effect Minimization and Mitigation Measures, Analysis of Potential for Jeopardy, and Monitoring and Reporting Plan. One focus of this ITP Amendment Application would be to report revised acreages for quality BUOW habitat within the project site. UltraSystems biologists would a habitat quality analysis as described in Proposal #01 to inform the habitat quality classes. A habitat quality classification table will be included in the impacts analysis section of the application. UltraSystems will prepare an Initial Draft ITP Amendment, one round of revisions to address client comments and resource agency comments, and a Final Draft of the ITP Amendment application package.

Deliverables
• One electronic copy of the draft/final ITP Amendment application, including appendices (e.g., current mapping of BUOW locations, BUOW habitat classifications, potential BUOW receiver sites, and potential BUOW habitat mitigation lands, 2026 breeding season survey report, site photographs, and other relevant appendices).

Task 5.2: CDFW Consultation – Development Phase, Preview, and Final Approved ITP Amendment. This task facilitates the conduct of routine project management activities in the furtherance of our consultation with CDFW regarding the development of a final, approved ITP Amendment. This task includes the preparation for, participation in, and follow-up actions related to CDFW consultation meetings and correspondences to inform the development of the ITP amendment to best represent the current status of BUOWs within the project site so that appropriate mitigation can be determined by CDFW. Prior to CDFW issuing the final ITP amendment, there will be a Preview ITP amendment meeting that CDFW will conduct with UltraSystems, the Client, and the Project Applicant (i.e., the City).

MAJOR TASK 6 .0: REGULATORY REQUIREMENTS OF CDFW/LSAA, RWQCB/WDR, AND CDFW ITP
The following permits have conditions that will require compliance for construction of the project.

1. CDFW- LSAA EPIMS-SBR-58314-R6. See table below for compliance.

2. RWQCB - WDR – WDID No. 362025-25. See table below for compliance.

3. ITP No. 2081 -2025-064-062081-2025-079-06 See table below for compliance. ( The ITP Amendment is covered in previously provided Proposal #03).

Presented below is our Scope of Work, based on compliance conditions within each of the specific regulatory permits. For the CDFW – L SAA, RWQCB – WDR, and ITP Permit, UltraSystems would assist with those compliance requirements that are not being handled by the City or Contractor. This Jeffrey Kim, Engineering Manager
City of Fontana
August 4, 2026

proposal also addresses relevant mitigation measures required by the approved California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) documents. Areas of responsibility are noted in the table below. See also attached permit task tracker spreadsheet.

CDFW - LSAA EPIMS-SBR-58314-R6
No. Condition Responsible
Administrative Measures

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.

City/Contractor

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.

City/Contractor

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.

City/Contractor

1.4 Project Site Entry. Permittee agrees that CDFW personnel may enter the project site at any time to verify compliance with the Agreement. City/Contractor

1.5 Additional Project Impacts. Permittee shall submit to CDFW a request to amend this Agreement if any additional projects or impacts subject to Fish and Game Code § 1602 not identified in this Agreement are anticipated. No additional impacts subject to Fish and Game Code § 1602 are authorized unless the impacts and/or activities are expressly authorized by CDFW by amendment to this Agreement.

City/UEI
Biologist

1.6 Take of Listed Species. The issuance of this Agreement does not authorize the take, incidental or otherwise, of any state or federally listed threatened, endangered, candidate or fully protected species. Take of any California Endangered Species Act (CESA) listed species is prohibited except as authorized by state law (Fish and G. Code, §§ 2080 & 2085).

Consequently, if a project, including project construction or any project- related activity during the life of the project, may result in take of CESA - listed species, CDFW recommends that the project proponent seek appropriate authorization prior to project implementation. This may include an incidental take permit (ITP) or a consistency determination (Fish & G. Code, §§ 2080.1 & 2081).

City/UEI
Biologist

1.7 Take of Nesting Birds. § 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 § 3503.5 makes it unlawful to take, possess, or destroy any birds in the orders Falconiformes or Strigiformes (birds - UEI Biologist
Jeffrey Kim, Engineering Manager
City of Fontana
August 4, 2026

CDFW - LSAA EPIMS-SBR-58314-R6
No. Condition Responsible
of-prey) or 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 § 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. 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.

Avoidance and Minimization Measures - General Biological Compliance

2.1 Designated Biologist. Permittee shall retain a CDFW-approved qualified biologist, botanist, or other biological specialist (Designated Biologist(s)) to be onsite throughout the entirety of the project. Permittee shall ensure that the Designated Biologist(s) is knowledgeable and experienced in the identification, biology, natural history, collecting, and handling of appropriate species. Permittee shall submit the aforementioned information using the CDFW Biologist Resume Form, DFW 820 (Exhibit D; available online at:
https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=202869 ) at least 30 days before commencement of project activities addressed by this agreement. The Designated Biologist(s) shall conduct pre- activity surveys, present the Worker Environmental Awareness Program, monitor all construction activities subject to Fish and Game Code § 1602 (i.e., ensuring the prescribed access routes and work areas are r espected), monitor any active bird nests, perform necessary pre- activity surveys within stream areas and within all sensitive habitats, and ensure impacts to wildlife habitat are minimized.

UEI Biologist

2.2 Qualifications of Designated Biologist(s). Permittee shall ensure that each Designated Biologist is knowledgeable and experienced in the identification, life history, behavior, and habitat requirements of species with potential to be impacted by the project. Permittee shall also ensure that handling of non-listed fish, wildlife, or plant species is conducted only by Designated Biologists approved by CDFW in writing. Handling of state- listed species will require CESA authorization.

UEI Biologist

2.3 Responsibility of 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, excavation, and/or other ground -disturbing activities.

To ensure compliance with the measures of this Agreement, the Designated Biologist(s) shall confirm and monitor the limits of project activities addressed by this Agreement.

UEI Biologist

2.4 Authority of Designated Biologist(s). To ensure compliance with the measures of this Agreement, the Designated Biologist(s) shall immediately halt any activity that does not comply with this Agreement, and/or order any reasonable measure to avoid the violation of, or UEI Biologist
Jeffrey Kim, Engineering Manager
City of Fontana
August 4, 2026

CDFW - LSAA EPIMS-SBR-58314-R6
No. Condition Responsible
maintain compliance with, any measure of this Agreement. The Designated Biologist(s) shall not have the authority to handle any special- status species (e.g., species of special concern, rare, threatened, endangered, candidate) and must halt construction and notify CDFW immediately if any listed species is identified within or adjacent to the project area and could be impacted by the project. If compliance with any measure of this Agreement fails or if the measures of this permit are violated, Permittee shall notify CDFW immediately in writing to [email protected].

2.5 Access Routes and Work Areas. The Designated Biologist(s) shall establish and delineate work areas and access routes, within those areas and routes identified in the notification, to minimize impacts to sensitive resources to the greatest extent feasible. The Designated Biologist(s) shall clearly demarcate, using non-ground- disturbing methods, the prescribed work areas and access routes, and any necessary avoidance areas, including an appropriate buffer. If Permittee determines that alternative access routes or work areas, beyond those described in the notification, are necessary, the Designated Biologist(s) or Permittee shall contact CDFW for written approval prior to utilizing the alternative route. CDFW may require an amendment to this Agreement if project modifications are required.

Contractor/UEI
Biologist

2.6 Staging Areas. All project-related parking areas, storage areas, laydown sites, and equipment storage shall be located outside of areas subject to Fish and Game Code § 1602 and, to the extent possible, shall use previously disturbed areas.

Contractor
Nesting Bird Protection

2.7 Nesting Birds. It is the Permittee’s responsibility to avoid impacts to nesting birds anytime birds are nesting on- site. Permittee shall ensure that impacts to nesting birds are avoided through the implementation of preconstruction surveys, ongoing monitoring, and if necessary, establishment of minimization measures.

UEI Biologist

2.7.1 Designated Biologist(s). Permittee shall designate a biologist (Designated Biologist(s)) experienced in identifying local and migratory bird species; conducting bird surveys using appropriate survey methodology (e.g., Ralph et al. 1993 and United States Fish and Wildlife Service and/or CDFW - accepted species -specific survey protocols); implementing nesting surveying techniques, recognizing breeding and nesting behaviors, locating nests and breeding territories, and identifying nesting stages and nest success (e.g., Martin and Geupel 1993); determining/establishing appropriate avoidance and minimization measures; and monitoring the efficacy of implemented avoidance and minimization measures.

UEI Biologist

2.7.2 Pre-Construction Surveys. Surveys shall be conducted by the Designated Biologist(s) at the appropriate time of day/night, during appropriate weather conditions, no more than three (3) days prior to the initiation of project activities addressed by this Agreement.

UEI Biologist
Jeffrey Kim, Engineering Manager
City of Fontana
August 4, 2026

CDFW - LSAA EPIMS-SBR-58314-R6
No. Condition Responsible
Surveys shall encompass all suitable areas including trees, shrubs, bare ground, burrows, cavities, and structures. Survey duration shall take into consideration the size of the property; 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-project 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(s) 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(s) 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(s) shall monitor the nest for 1 hour (4 hours for raptors) prior to approaching the nest to determine status. The Designated Biologist(s) shall use their best professional judgement regarding the monitoring period and whether approaching the nest is appropriate. Results of pre- activity surveys shall be provided to CDFW per Measure 4.1.

2.7.3 Buffers. When an active nest is confirmed, the Designated Biologist(s) shall immediately establish a conservative buffer surrounding the nest.

Nest buffers are species specific and shall be at least 300 feet for passerines and 500 feet for raptors. 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(s) shall document baseline behavior , stage of reproduction, and existing site conditions, including vertical and horizontal distances from proposed work areas, visual or acoustic barriers, and existing level of disturbance.

Following documentation of baseline conditions, the Designated Biologist(s) may choose to adjust the buffer based on site characteristics, stage of reproduction, and types of project activities proposed at/near that location. The Designated Biologist(s) 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(s) determines that project activities may be causing an adverse reaction, the Designated Biologist(s) shall increase the buffer accordingly.

UEI Biologist

2.7.4 Protection from Excessive Sound. If project activities must take place within the buffer, a qualified acoustician shall monitor noise as work approaches the edge of the occupied habitat as directed by the Designated UEI Biologist
Jeffrey Kim, Engineering Manager
City of Fontana
August 4, 2026

CDFW - LSAA EPIMS-SBR-58314-R6
No. Condition Responsible
Biologist(s). If the noise meets or exceeds the 60 dB(A) Leq threshold, or if the Designated Biologist(s) determines that activities are disturbing nesting activities, the Designated Biologist(s) shall have the authority to halt the project activities and shall consult with CDFW to devise methods to reduce the noise and/or disturbance. This may include methods such as, but not limited to, turning off vehicle engines and other equipment whenever possible to reduce noise, installing a protective noise barrier between the nesting birds and the activities, and working in other areas until the young have fledged. Protective noise barriers shall be removed when birds are done nesting and shall not remain installed in the project site during the rainy season if within the floodplain of the stream(s). The Designated Biologist(s) shall monitor the nest daily until activities are no longer within 300 feet of the nest, or the fledglings become independent of their nest, or the nest has failed.

2.7.5 Ongoing Monitoring. The Designated Biologist(s) shall be onsite daily to monitor all existing nests, the efficacy of established buffers, and to document any new nesting occurrences. The Designated Biologist(s) shall document the status of all existing nests, including the stage of reproduction and the expected fledge date, when this can be determined without endangering the nest by disturbance or alerting predators. If a nest is suspected to have been abandoned or failed, CDFW recommends the Designated Biologist(s) monitor the nest for a minimum of 1 hour (4 hours for raptors), uninterrupted, during favorable field conditions. If no activity is observed during that time, the Designated Biologist(s) may approach the nest to assess the status.

UEI Biologist

2.7.6 Securing Site. Permittee, under the direction of the Designated Biologist(s), 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(s) shall ensure that none of the materials used 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.

UEI Biologist

2.7.7 Reporting. The Designated Biologist(s) shall be responsible for providing summary reports, as specified in Measure 4.2 to CDFW no less than once weekly regarding the nesting species identified onsite, discovery of any new nests, the status/outcome of any previously identified nest, buffer distances established for each nest, and any adjustments made to established buffers. If the project results in the abandonment of, or damage to a nest, Permittee shall notify CDFW within 24 hours.

UEI Biologist
Burrowing Owl Protection

2.8 Burrowing Owl. Burrowing owl is a candidate species for listing as threatened or endangered pursuant to the California Endangered Species Act (Fish & G. Code, §§ 2050 et seq., 2080, 2085). Permittee shall ensure that impacts to burrowing owls and take of burrowing owls are fully avoided through the implementation of focused surveys, preconstruction surveys, and ongoing monitoring. If impacts to burrowing owls cannot be UEI Biologist
Jeffrey Kim, Engineering Manager
City of Fontana
August 4, 2026

CDFW - LSAA EPIMS-SBR-58314-R6
No. Condition Responsible
avoided, Permittee shall postpone the Project until appropriate CESA authorization is obtained. This may include an incidental take permit (Fish and Game Code, § 2081). The issuance of this Agreement does not authorize take of burrowing owls.

2.8.1 Burrowing Owl Habitat Assessment. Prior to the initiation of Project activities addressed by this Agreement, Permittee shall conduct a burrowing owl habitat assessment consistent with the 2012 Staff Report.

A habitat assessment shall be conducted by Designated Biologist(s) knowledgeable of burrowing owl habitat, ecology, and field identification of the species, burrow and burrow surrogates, and burrowing owl sign at least thirty (30) calendar days prior to the initiation of Project activities addressed by this Agreement. The assessment shall consist of walking the Project site to identify the presence of burrowing owl habitat.

Survey duration shall take into consideration the size of the property; 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. A report summarizing the results of the habitat assessment shall be submitted to CDFW within 10 days of survey completion, as described in Measure 4.3.

UEI Biologist

2.8.2 Focused Surveys for Burrowing Owls Prior to Project Activities. If the burrowing owl habitat assessment identifies burrowing owl habitat or sign on site, Permittee shall have a Designated Biologist(s) pre- approved by CDFW perform a survey for burrowing owls between 30 and 60 days prior to Project activities . Occupancy of burrowing owl habitat is confirmed at a site when at least one burrowing owl, or its sign at or near a burrow entrance, is observed within the last three years.

UEI Biologist

2.8.3 Burrowing Owl 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 [email protected].

UEI Biologist

2.8.4 Burrowing Owl Pre-Construction Inspection. If burrowing owl habitat is found onsite, Permittee shall have a Designated Biologist(s), pre- approved by CDFW, inspect all burrows that exhibit typical characteristics of owl activity within three (3) days prior to any site- preparation activities. Evidence of owl activity may include presence of owls themselves, burrows, and owl sign at burrow entrances such as pellets, whitewash or other “ornamentation,” feathers, prey remains, etc. If it is evident that the burrows are actively being used, Permittee shall not commence activities until appropriate CESA authorization is obtained.

CDFW shall be notified in writing of detection of active burrows within three (3) days.

UEI Biologist

2.8.5 Burrowing Owl Avoidance and Monitoring Plan. If burrowing owls are detected on or adjacent to the Project site, the Permittee shall prepare a Burrowing Owl Avoidance and Monitoring 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 UEI Biologist
Jeffrey Kim, Engineering Manager
City of Fontana
August 4, 2026

CDFW - LSAA EPIMS-SBR-58314-R6
No. Condition Responsible
have been initiated, a Burrowing Avoidance and Monitoring 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. Project activities shall not occur within 1000 feet of an active burrow until CDFW approves the Burrowing Owl Avoidance and Monitoring Plan. The Burrowing Owl Avoidance and Monitoring Plan shall include 1) assessment that details the number and location of occupied burrow sites, and acres of burrowing owl habitat with a qualitative description of the habitat vegetation characteristics; 2) details on avoidance actions and monitoring such as proposed buffers, visual barriers, and other actions to ensure that take of burrowing owl individuals, nests, and eggs are avoided; and 3) site monitoring to be conducted prior to, during, and after Project activities. The Permittee shall implement the Burrowing Owl Avoidance and Monitoring Plan following CDFW review and approval. If it is evident that the burrows are being used and avoidance is not feasible, Permittee shall not commence activities until appropriate CESA authorization is obtained.

2.8.6 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 to [email protected] (reference SAA# EPIMS -SBR-58314- R6).

UEI Biologist
Special-Status Species Surveys and Avoidance

2.9 Least Bell’s Vireo. Least Bell’s vireo is an endangered species pursuant to the California Endangered Species Act (Fish & G. Code, § 2050 et seq.) and the federal Endangered Species Act. Permittee shall designate a CDFW-approved least Bell’s vireo biologist (Designated Biologist) that is knowledgeable about the species natural history, habitat requirements, seasonal movements, and range to survey and monitor for least Bell’s vireo prior to project activities. If project activities will be completed when least Bell’s vireo could be present, the Designated Biologist shall complete necessary surveys, impact assessments, and associated reports within all locations subject to project site activities following the protocols provided within the Least Bell’s Vireo Survey Guidelines (USFWS, January 2001) to ensure avoidance of impacts. Survey results shall be submitted in writing to CDFW for review prior to the start of project activities. If least Bell’s vireos are identified within 500 linear feet of project site activities, the Permittee shall develop a plan to completely avoid impacts to the species and submit to CDFW for review and approval. The Permittee shall not conduct any project activities within 1000 linear feet of occupied least Bell’s vireo habitat from March 1 through July 31. The Permittee shall not conduct any project activities within 500 linear feet of occupied least Bell’s vireo habitat from August 1 to September 15. If full avoidance cannot be accomplished, Permittee shall postpone the Project until appropriate CESA authorization is obtained.

UEI Biologist

2.10 San Bernardino Kangaroo Rat. Permittee shall prepare a plan to conduct pre- project protocol trapping for San Bernardino kangaroo rat UEI Biologist Jeffrey Kim, Engineering Manager
City of Fontana
August 4, 2026

CDFW - LSAA EPIMS-SBR-58314-R6
No. Condition Responsible
(SBKR) within the project footprint and a 500-foot buffer and shall submit the plan to CDFW for review and approval prior to implementation.

Nighttime temperatures during the trapping must be greater than 50 degrees Fahrenheit. The results of the protocol trapping shall be provided to CDFW no less than 30 days prior to the start of project activities. If SBKR are present, all project activities must avoid take, unless CESA authorization is obtained, and no project activities are authorized under this Agreement without additional written approval from CDFW. This Agreement does not provide authorization for take of any listed species.

2.11 Special-Status Small Mammals. Prior to the start of project activities, a Designated Biologist(s) knowledgeable in the habitat, ecology, and field identification of San Diego desert woodrat and Los Angeles pocket mouse shall visually survey the entirety of the project site, access route, and appropriate buffer surrounding these areas to identify any features/habitats (i.e., burrows, dens, cavities, etc.) suitable to support these special -status small mammals. Where an identifiable feature is present, the Designated Biologist(s) shall mark the potentially occupied feature for avoidance. If special -status small mammals are detected, Permittee shall immediately (within 24 hours) notify CDFW and submit species-specific avoidance measures that when implemented, will fully avoid impacts to the special -status small mammals. If full avoidance cannot be accomplished, Permittee shall postpone the project and contact CDFW to discuss an appropriate path forward.

UEI Biologist

2.12 Special-Status Amphibians. Prior to the start of Project activities, the Designated Biologist(s) shall visually survey the project area for the potential occurrence of special -status amphibians within the project footprint, including, but not limited to, those identified in the Proj ect Impacts section of this Agreement. If special -status amphibians, egg masses, or breeding habitat are present, Permittee shall develop a Species Avoidance Plan to ensure breeding habitat, and/or egg masses and tadpoles are not impacted by project activities, including the excavated materials entering the streambed. The Species Avoidance Plan shall be submitted to CDFW for review and approval prior to implementation.

UEI Biologist

2.13 Special-Status Reptiles. Permittee shall avoid and minimize impacts to special- status reptiles within the Project footprint, including, but not limited to, those identified in the Project Impacts section of this Agreement. The Designated Biologist(s) shall conduct pre- activity clearance surveys immediately prior to the initiation of ground-disturbing activities within areas containing suitable habitat, including burrows, sand fields, and rock piles. If any special -status reptiles are detected, the Designated Biologist(s) shall provide the animal sufficient time to leave on its own accord. If any special-status reptile species is identified and has the potential to be impacted by the Project, Permittee shall halt the activities that have the potential to impact special -status reptil es and contact CDFW immediately to discuss an appropriate path forward.

UEI Biologist

2.14 Crotch’s Bumble Bee. Crotch's bumble bee is a candidate species for listing pursuant to the California Endangered Species Act (Fish & G. Code, UEI Biologist Jeffrey Kim, Engineering Manager
City of Fontana
August 4, 2026

CDFW - LSAA EPIMS-SBR-58314-R6
No. Condition Responsible
§ 2050 et seq.). Permittee shall designate a Crotch’s bumble bee approved biologist (Designated Biologist(s)) that is knowledgeable about the species natural history, habitat requirements, seasonal movements, and range to survey and monitor for Crotch’s bumble bee prior to project activities. Surveys should be conducted during flying season when the species is most likely to be detected above ground, between March 1 to September 1 (Thorp et al. 1983). Survey results, including negative findings, should be submitted to CDFW prior to implementing project- activities. If Crotch’s bumble bee is detected, the Designated Biologist should immediately notify CDFW. In addition, the Permittee in consultation with the Designated Biologist(s) should develop a Crotch’s Bumble Bee Avoidance Plan. At a minimum, the avoidance plan should identify the location of all nests in or adjacent to the project site as well as all inactive small mammal burrows. If an inactive burrow may be disturbed by project activities, it should be resurveyed for Crotch’s bumble bee within seven (7) days prior to the scheduled disturbance.

A minimum 100 -foot no disturbance buffer zone should be established around nests to reduce the risk of disturbance or accidental take. The Designated Biologist(s) should expand the buffer zone as necessary to prevent disturbance or take. If full avoidance cannot be accomplished, Permittee shall postpone the project until appropriate CESA authorization is obtained.

2.15 Special-Status Plants. Prior to the start of project activities, the Designated Biologist(s) shall visually survey the entirety of the project site and access route to identify any special -status plants, such as those included in the Project Impacts section of this Agreement. Any special - status plants identified shall be marked for avoidance. The Permittee shall avoid all impacts to state- listed plants unless CESA authorization is obtained. If other special -status plant species are identified within the project site, Permittee shall develop a plan to avoid impacts to special - status plants. If full avoidance cannot be accomplished, Permittee shall postpone the project and contact CDFW to discuss an appropriate path forward.

UEI Biologist

2.16 Pre-activity Surveys. The Designated Biologist(s) shall conduct pre - activity surveys within the project areas and a 500 -foot buffer surrounding these areas 14- 21 days prior to initiating project activities. The surveys shall be conducted to identify and map for avoidance any special -status species with the potential to occur on the site, including those identified in the Project Impacts section of this Agreement, and any habitat, dens, roosts, burrows, nests, etc. capable of supporting a special status species. The Designated Biologist(s) shall ensure that the methods used to locate, identify, map, avoid, and buffer individuals or habitat are appropriate and effective, including the assurance that the surveyor has attained 100% visual coverage of the entirety of the potential impact areas, and an appropriate buffer surrounding those areas. Results of the surveys shall be submitted to CDFW via email at least 2 days prior to initiation of any project activities. If any special -status species (or sign of presence) is identified UEI Biologist
Jeffrey Kim, Engineering Manager
City of Fontana
August 4, 2026

CDFW - LSAA EPIMS-SBR-58314-R6
No. Condition Responsible
within or adjacent to the project area, Permittee shall immediately (within 24 hours) notify CDFW and submit, prior to initiation of project activities, species -specific avoidance measures that when implemented will fully avoid impacts to the special -status species. If full avoidance cannot be accomplished, Permittee shall postpone the project and contact CDFW to discuss an appropriate path forward. Results of pre- activity surveys shall be provided to CDFW per Measure 4.3.

2.17 Pre-Activity Sweeps. The Designated Biologist(s) shall conduct pre - activity sweeps within the project areas (including access routes) and a 500-foot buffer surrounding the project areas, within 2 hours prior to initiating project activities. The pre- activity sweeps shall confirm and mark/map for avoidance the location of any known nesting bird(s) and/or special -status species and shall verify that no additional/new nesting bird(s) and/or special -status species have occupied the project areas or adjacent habitats. If any additional/new nesting bird(s) and/or special-status species (or sign of presence) are identified within or adjacent to the project areas during the pre- activity sweep, Permittee shall determine whether the proposed avoidance measures will be effective in fully avoiding impacts of the project on the identified resource(s) prior to initiating project activities. If full avoidance cannot be accomplished, Permittee shall postpone the project, and contact CDFW to discuss an appropriate path forward.

UEI Biologist

2.18 Avoidance of Sensitive Resources. Following the completion of the pre- activity sweep, the Designated Biologist(s) shall ensure that all sensitive resources identified are mapped/marked for avoidance and that the buffers proposed to protect those sensitive resources are appropriately sized and clearly demarcated. In addition, the Designated Biologist(s) shall identify and mark the most appropriate path (i.e., the route that provides full avoidance of sensitive resources, vegetation, and other habitat values) for construction vehicles and equipment to utilize to access the project site. The Designated Biologist(s) shall use available scientific research, independent judgement, and personal experience when assigning avoidance buffer. Details of these avoidance measures shall be provided to CDFW in the post- activity report (Measure 4.4) within 14 days after project completion . If full avoidance cannot be accomplished, Permittee shall postpone work activities in the immediate area and buffer as determined by the Designated Biologist, and contact CDFW to discuss an appropriate path forward. The Permittee may resume activities at other project locations after clearance by the Designated Biologist(s).

UEI Biologist

2.19 Construction Monitoring. The Designated Biologist(s) shall be present during the entirety of project activities and shall ensure that all avoidance and minimization measures are implemented and maintained, including but not limited to monitoring and addressing potential nesting bird(s) and/or special -status species impacts, ensuring the prescribed access routes and work areas are respected, and securing any excavation areas.

If the Designated Biologist(s) determines there is the potential for the project to impact a nesting bird(s) and/or special -status species, the UEI Biologist
Jeffrey Kim, Engineering Manager
City of Fontana
August 4, 2026

CDFW - LSAA EPIMS-SBR-58314-R6
No. Condition Responsible
Designated Biologist(s) shall postpone work activities in the immediate area and buffer as determined by the Designated Biologist, and contact CDFW to discuss an appropriate path forward. Permittee may resume activities at other project locations after clearance by the Designated Biologist(s).

2.20 Moving out of Harm’s Way. To reduce direct injury and mortality, the Designated Biologist(s) shall be at the project site prior to and during all ground- and habitat- disturbing activities to move or allow to move out of harm’s way any non- listed, non–fully protected wildlife that would otherwise be injured or killed from project- related activities. Movement of wildlife out of harm’s way should be limited to only those individuals that would otherwise by injured or killed, and individuals should be moved only as far a necessary to ensure their safety. Only Designated Biologist(s) with appropriate authorization by CDFW shall move CESA - listed species.

UEI Biologist
In-Water Work and Dewatering

2.21 No Work in Flowing Water. Work within Fish and Game Code § 1602 resources shall be restricted to periods of no stream flow except for CDFW- approved water diversions.

Contractor

2.22 Dewatering. Permittee shall comply with the following: Contractor

2.22.1 Dewatering Plan. Permittee shall submit for approval a detailed dewatering plan to the Department. Dewatering structures may include the use of sand bag , Port-a-dams, water bladder dams, K -rails or driven sheet metal coffer dams. The Department will review the proposed water diversion method, to approve the plan or provide the requirements for that approval. The Permittee may not commence the dewatering o f the stream without the explicit approval from the Department.

Contractor

2.22.2 Maintain Aquatic Life. When any artificial obstruction is being constructed, maintained, or placed in operation, Permittee shall allow sufficient water at all times to pass downstream to maintain aquatic life below the dam pursuant to Fish and Game Code § 5937.

Contractor

2.22.3 Stranded Aquatic Life. The Permittee shall check daily for stranded aquatic life as the water level in the dewatering area drops. All reasonable efforts shall be made to capture and move all stranded aquatic life observed in the dewatered areas. Capture methods may include fish landing nets, dip nets, buckets and by hand. Captured aquatic life shall be released immediately in the closest body of water adjacent to the work site. A summary of any such activities shall be submitted in the report described in Measure 4.4. This condition does not allow for the take or disturbance of any State or federally listed species, or State species of special concern.

Contractor/UEI
Biologist

2.22.4 Clean Obstruction Only. Any temporary dam or other artificial obstruction constructed by Permittee shall only be built from materials which will cause little or no siltation, such as clean gravel.

Contractor

2.22.5 Non-Erodible Materials. Permittee shall use only clean non erodible materials in the construction of any water diversion device. All materials Contractor Jeffrey Kim, Engineering Manager
City of Fontana
August 4, 2026

CDFW - LSAA EPIMS-SBR-58314-R6
No. Condition Responsible
used for diversion of water shall be removed from the stream at the end of the irrigation season each year.

2.22.6 Extra Sandbags. Permittee shall have extra sandbags readily available to provide additional freeboard to the diversion in the event it becomes evident flows may increase in due to rainy conditions. The sandbag diversion may be removed completely only if the stream bank is stable, and no undue erosion will occur.

Contractor

2.22.7 Maintain Water Quality. Permittee shall divert flow in a manner that prevents turbidity, siltation, or pollution and provides flows to downstream reaches. Flows to downstream reaches shall be provided during all times that the natural flow would have supported aquatic life.

Bypassed flow will be in accordance with Fish and Game Code § 5937 (Sufficient Water for Fish Below Dams) and § 5947 (Unlawful to Vary Flows if Harmful to Fish). Said flows shall be sufficient quality and quantity, and of appropriate temperature to support fish and other aquatic life both above and below the diversion. Normal flow shall be restored to the affected stream immediately upon completion of work at that location.

Contractor
Construction BMPs, Invasive Species, Equipment, Pollution, and Trash Controls

2.23 Worker Environmental Awareness Program (WEAP). Prior to implementing any project activities, Permittee shall implement a Worker Environmental Awareness Program (WEAP) to educate on- site workers about sensitive environmental issues associated with the project. The program will be administered to all on- site personnel, including Permittee’s personnel, contractors, and all subcontractors, prior to the employee’s commenci ng project activities. Permittee shall provide interpretation for non- English-
speaking workers, and the same
instruction shall be provided to any new workers before they are authorized to perform project activities.

UEI Biologist

2.24 Best Management Practices (BMPs). Permittee shall actively implement BMPs to prevent erosion and the discharge of sediment and pollutants into streams during project activities. BMPs shall be monitored by the Designated Biologist(s) 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, within and adjacent to Fish and Game Code § 1602 resources. All fiber rolls, straw wattles, and/or hay bales utilized within and adjacent to the project site shall be free of nonnative plant materials.

Fiber rolls or erosion control mesh shall be made of loose -weave mesh that is not fused at the intersections of the weave, such as jute, or coconut (coir) fiber, or other products without welded weaves. Non- welded weaves reduce entanglement risks to wildlife by allowing animals to push through the weave, which expands when spread.

Contractor/UEI
Biologist

2.25 Invasive Species. Permittee shall conduct project activities in a manner that prevents the introduction, transfer, and spread of invasive species, including plants, animals, and microbes (e.g., algae, fungi, parasites, Contractor/UEI
Biologist
Jeffrey Kim, Engineering Manager
City of Fontana
August 4, 2026

CDFW - LSAA EPIMS-SBR-58314-R6
No. Condition Responsible
bacteria, etc.). Prevention BMPs and guidelines for invasive plants can be found on the California Invasive Plant Council’s website at:
http://www.cal-ipc.org/ip/prevention/index.php and for invasive mussels and aquatic species can be found at the Stop Aquatic Hitchhikers website: https://stopaquatichitchhikers.org/.

2.26 Equipment Use and Cleaning. All equipment shall be cleaned prior to entering the bed or bank of the wetland. Washing must take place where rinse water is collected and disposed of in either a sanitary sewer, landfill, or other facility authorized to accept such rinse water. The cleaning measures must be practical and verifiable. Depending on the nature of the debris, the equipment may be cleaned using mechanical methods (brushing, scraping, prying), compressed air, high -pressure water, or steam. This includes wheels, tires, buckets, stabilizers, undercarriages, and bumpers. The Permittee shall verify and document cleaning has occurred prior to equipment entering the bed or bank of the lake; documentation of equipment inspections for each date of entry shall be available to CDFW upon request.

Contractor

2.27 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.

Contractor

2.27.1 Permittee shall not allow water containing mud, silt, or other pollutants from grading, aggregate washing, or other activities to enter a lake, streambed, or flowing stream or be placed in locations that may be subjected to high storm flows.

Contractor

2.27.2 Spoil sites shall not be located within a lake, streambed, or flowing stream or locations that may be subjected to high storm flows, where spoil shall be washed back into a lake, streambed, or flowing stream where it will impact streambed habitat and aquatic or riparian vegetation.

Contractor

2.27.3 Raw cement/concrete or washings thereof, asphalt, paint, or other coating material, oil or other petroleum products, or any other substances which could be hazardous to fish and wildlife resources resulting from project related activities shall be prevented from contaminating the soil and/or entering a lake, streambed, or flowing stream.

Contractor

2.27.4 No broken concrete, cement, debris, soil, silt, sand, bark, slash, sawdust, rubbish, or washings thereof, oil or petroleum products, or other organic or earthen material from construction activities shall be allowed to enter any river, stream, or lake.

Contractor

2.27.5 No equipment maintenance shall be done within or near any lake, streambed, or flowing stream where pollutants may enter these areas under any flow.

Contractor

2.28 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 workday to avoid attracting opportunistic predators such as ravens, coyotes, and feral dogs. Upon completion of project activities, Permittee shall remove and properly dispose of all refuse, including, but not limited to, broken equipment parts, wrapping Contractor
Jeffrey Kim, Engineering Manager
City of Fontana
August 4, 2026

CDFW - LSAA EPIMS-SBR-58314-R6
No. Condition Responsible
material, cords, cables, wire, rope, strapping, twine, buckets, metal or plastic containers, and boxes. 3. Compensatory Measures To compensate for adverse impacts to the fish and wildlife resources identified above that cannot be avoided or minimized, Permittee shall implement each measure listed below.

Compensatory Measures

3.1 Purchase of Credits from Mitigation Bank. Permittee shall purchase a total of 1.20 acres of riparian enhancement credits from a CDFW approved mitigation bank, to be approved by CDFW in writing. Permittee shall obtain CDFW approval regarding choice of the mitigation bank prior to credit purchase. Proof of purchase shall be provided to CDFW no later than 7 days prior to initiation of project activities.

City

3.2 Restoration of Temporary Impact Areas. Permittee shall initiate restoration of the 0.37 -acre impact area (Restoration Area) immediately following the completion of project activities. Restoration activities shall include: (1) recontouring and decompaction of the streambed and bank, and associated habitats to pre- impact grade; (2) placement of collected topsoil/substrate and/or seeds; (3) removal of invasive and nonnative plant species; and (4) if native vegetation is removed, planting of local, native species by installing container plants and/o r broadcasting seeds.

Permittee shall provide a brief memo to CDFW describing the fulfilment of the criteria described above and include before and after photos. 4.

Reporting Measures Permittee shall meet each reporting requirement described below. All reporting and project information shall be submitted in digital copy via EPIMS and to [email protected] , with a cc to [email protected] . Please reference Notification No.

EPIMS-SBR-58314-R6.

Contractor/UEI
Biologist
Reporting Measures

4.1 Pre-Construction Nesting Bird Survey Report. Prior to commencement of project activities, Permittee shall submit the results of pre-construction nesting bird surveys completed pursuant to Measure 2.7.2 of this Agreement to [email protected]
UEI Biologist

4.2 Nesting Bird Summary Reports. Permittee shall prepare and submit to CDFW a summary, as described in Measure 2.7.7 of this Agreement, of 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. 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.

UEI Biologist

4.3 Pre-activity Survey Results. Permittee shall submit to CDFW for review, the results of the pre -activity surveys conducted by the Designated Biologist(s) and any measures proposed to ensure complete avoidance of any special-status species, if identified during the surveys. Results of the surveys shall be submitted to CDFW in w riting before commencement of UEI Biologist
Jeffrey Kim, Engineering Manager
City of Fontana
August 4, 2026

CDFW - LSAA EPIMS-SBR-58314-R6
No. Condition Responsible
project activities. The report shall include the following information: a list of all nesting bird(s) and/or special-status species observed; a description of habitat and refugia (e.g., potential burrows, nests, dens, etc.) potentially supporting the nesting bird(s) and/or special -status species; the location(s) of each observation; methods proposed to
demarcate/delineate those locations and any associated
buffers/avoidance areas; and any other avoidance or minimization measure proposed to be implemented.

4.4 Post-Activity Report. Permittee shall provide a brief post-activity report summarizing the results of the pre-activity sweep and any site- or species- specific avoidance and minimization measures implemented during the project within fourteen (14) days of project completion. The post - activity report shall include photos of the project areas, post- project, to document the restoration of the temporary work areas.

UEI Biologist

4.5 Notification to CNDDB. If any sensitive species (rare, threatened, endangered, candidate, fully protected, species of special concern, etc.) are observed on or in proximity to the project site, or during project surveys, Permittee shall submit California Natural Diversity Data B ase (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 copy of this information shall also be mailed or emailed within five working days to CDFW at the address or email listed below under Contact Information. Please reference Notification No. EPIMS-SBR-58314-R6.

UEI Biologist

4.6 Notification of Start of Construction. Permittee shall notify CDFW, in writing, at least five working days prior to initiation of project activities. Notification shall be sent via email to
[email protected] with a cc to
[email protected]. Please reference Notification No. EPIMS - SBR- 58314-R6.

UEI Biologist

RWQCB – WDR NOA (WDID No. 362025-25)
No. Condition Responsible
Authorization
A.1 Impacts to waters of the State shall not exceed 0.15 acres (285 linear feet). City / Contractor
A.2 Permanent impacts to waters of the State shall not exceed 0.10 acres (185 linear feet). City / Contractor
Discharge Prohibitions
B.1
Permitted actions must not cause violation of any applicable water quality objectives or water quality control plans, including impairment of designated beneficial uses for receiving waters as adopted in any applicable Water Board water quality control plan or policy. The source of any such discharge must be eliminated as soon as practicable.

Contractor
Jeffrey Kim, Engineering Manager
City of Fontana
August 4, 2026

RWQCB – WDR NOA (WDID No. 362025-25)
No. Condition Responsible
B.2
Except for authorized fill material discharges to waters of the State, additional permanent hardening for bank stabilization or other improvement to infrastructure require separate authorization.

City / Contractor
B.3.i
Following an accidental discharge of a reportable quantity of hazardous material, sewage, or unknown material, the following applies (Water Code, Section 13271):
i. As soon as (A) Enrollee has knowledge of the discharge or noncompliance (B) notification is possible, and (C) notification can be provided without substantially impeding clean up or other emergency measures then:
a) First call – 911 (to notify local response agency)
b) Then call – Office of Emergency Services (OES) State Warning Center at: (800) 852-7550 or (916) 845-8911
c) Lastly, follow the required OES procedures as set forth in the Office of Emergency Services' Accidental Discharge Notification Web Page.

Contractor
B.3.ii
Following notification to OES, the Enrollee shall notify the Water Board as soon as practicable (ideally within 24 hours). Notification may be delivered via written notice, email, or other verifiable means.

Contractor
B.3.iii
Within five (5) business days of notification to the Water Board, the Enrollee must submit an Accidental Discharge of Hazardous Material Report.

Contractor
Restoration and Compensatory Mitigation
C.1
Provide compensatory mitigation for permanent impacts to 0.10 acres of waters of the State through purchase of 1.20 acres of Ephemeral Riparian Enhancement credits from Soquel Canyon Mitigation Bank. (Already Completed)
City
C.2 Restore all temporary impacts to waters of the State to pre -Project conditions at a 1:1 ratio. Contractor
C.3
Restoration of the drainage contours must be completed within 60 days of completing authorized activities within the Old San Sevaine Channel.

Contractor
C.4
If vegetation has not naturally re -established in the temporarily impacted areas within two (2) years of finalizing authorized activities within the Old San Sevaine Channel, an on- site restoration plan shall be provided.

UEI Biologist
C.5 Prior to initiating active on-site restoration, a restoration plan shall be provided for Santa Ana Water Board staff review and approval. UEI Biologist C.6 Re-established vegetation shall be comparable to or of higher resource value than pre-Project vegetation communities. UEI Biologist Best Management Practices and Post-Construction Monitoring D.1
To the greatest extent practicable, Project activities shall be avoided during periods when surface flows are present or expected. If work must occur in the presence of surface flows, appropriate water quality best management practices (BMPs) such as check dams, shall be implemented.

Contractor
D.2 If surface water is present, continuous visual monitoring shall be conducted during active construction to detect any accidental UEI Biologist Jeffrey Kim, Engineering Manager
City of Fontana
August 4, 2026

RWQCB – WDR NOA (WDID No. 362025-25)
No. Condition Responsible
discharge of construction -related pollutants (e.g., oil and grease, turbidity plume, or uncured concrete).

D.3
Motorized equipment shall not be maintained or parked near any stream crossing or channel, in such a manner that petroleum products or other pollutants might enter these areas under any flow conditions.

Vehicles and equipment shall not be driven or operated in waters of the State, except as necessary to complete the proposed Project.

Contractor
D.4
All equipment using gas, oil, hydraulic fluid, or other petroleum products shall be inspected for leaks prior to use and shall be monitored for leakage.

Contractor
D.5
All stockpiles shall be placed outside of drainage areas or other surface waters and protected in such a manner to be prevented from entering waters of the State.

Contractor
D.6
Upon completion of individual Project activities, trash and all construction-related materials shall be removed and deposited at a legal point of disposal.

Contractor
D.7
Once authorized activities within the Old San Sevaine Channel has been completed (not including restoration activities per section C above), the Enrollee shall visually inspect and comprehensively photograph the Project site, specifically the Old San Sevaine Channel, slope vegetation and culvert structures, for two rainy seasons (October – April) to ensure the Project site is not causing excessive erosion or stream instability. At a minimum, such inspection shall occur within seven days of any storm resulting in at least half an inch of precipitation over a 24-hour period.¹
UEI Biologist
D.8
During precipitation events, the Enrollee shall take photographs of the Old San Sevaine Channel to document observable indicators of erosion, stream instability or other site conditions. If any signs of erosion or stream instability are observed during the visual inspection (e.g., rills, scouring, wash -outs), or the Enrollee otherwise becomes aware that the Project is causing or substantially contributing to increased sedimentation and turbidity to Old San Sevaine Channel, the Enrollee shall contact the Santa Ana Water Board staff member overseeing the Project within three (3) working days.

Additional permits or actions may be required to carry out any necessary site remediation.

UEI Biologist
Reporting
E.1
Annual Reporting. The reporting period is from January 1st to December 31st. The Enrollee shall submit an annual report by January 31st for the previous reporting period if the Order's effective date is at least 90 days within the reporting period.

UEI Biologist
E.2 Annual Reporting shall continue until a Notice of Completion Letter is issued by the Santa Ana Water Board to the Enrollee. UEI Biologist E.3 The Enrollee shall provide a Notice of Completion within 45 days of completing all Project activities. UEI Biologist

Jeffrey Kim, Engineering Manager
City of Fontana
August 4, 2026

CDFW – ITP No. 2081-2025-064-06
No. Condition Responsible
General Provisions

5.2 Designated Biologist(s), Biological Monitor(s), and/or Veterinarian(s).

Permittee shall submit to CDFW in writing the name, qualifications, business address, and contact information of the Designated Biologist(s) and Biological Monitor(s) using the Biologist Resume Form (Attachment 3) or another format containing the same info rmation at least 30 days before starting Covered Activities . Permittee shall ensure that the Designated Biologist(s) and Biological Monitor(s) are knowledgeable and experienced in the biology, natural history, collecting, and handling of the Covered Species. The Designated Biologist(s) and Biological Monitor(s) sh all be responsible for monitoring Covered Activities to help minimize and fully mitigate or avoid the incidental take of individual Covered Species and to minimize disturbance of Covered Species' habitat. Permittee shall obtain CDFW approval of the Designated Biologist(s) and Biological Monitor(s) in writing before starting Covered Activities and shall also obtain approval in advance, in writing, if the Designated Biologist(s) or Biological Monitor(s) must be changed.

UEI Biologist

5.3 Designated Biologist Authority. To ensure compliance with the Conditions of Approval of this ITP, the Designated Biologist shall immediately stop any activity that does not comply with this ITP and/or order any reasonable measure to avoid the unauthorized take of an individual of the Cov ered Species. Permittee shall provide unfettered access to the Project Site and otherwise facilitate the Designated Biologist in the performance of his/her duties. If the Designated Biologist is unable to comply with the ITP, then the Designated Biologist shall notify the CDFW Representative immediately.

Permittee shall not enter into any agreement or contract of any kind, including but not limited to non- disclosure agreements and confidentiality agreements, with its contractors and/or the Designated Biologist that prohibit or impede open communication with CDFW, including but not limited to providing CDFW staff with the results of any surveys, reports, or studies or notifying CDFW of any non- compliance or take. Failure to notify CDFW of any non -compliance or take or injury of a Covered Species as a result of such agreement or contract may result in CDFW taking actions to prevent or remedy a violation of this ITP.

UEI Biologist

5.4 Education Program. Permittee shall conduct an education program for all persons employed or otherwise working in the Project Area before performing any work. The program shall consist of a presentation from the Designated Biologist that includes a discussion of the biology and general behavior of the Covered Species, information about the distribution and habitat needs of the Covered Species, sensitivity of the Covered Species to human activities, its status pursuant to CESA including legal protection, recovery efforts, penalties for violations and Project- specific protective measures described in this ITP. Permittee shall prepare and distribute wallet-sized cards or a fact sheet handout containing this information for workers to carry in the Project Area. Permittee shall provide interpretation for non -English speaking workers, and the same instruction shall be provided to any new workers before they are authorized to perform work in the Project Area. Upon completion of the program, employees shall sign a form stating they atte nded the program and understand all protection UEI Biologist
Jeffrey Kim, Engineering Manager
City of Fontana
August 4, 2026

CDFW – ITP No. 2081-2025-064-06
No. Condition Responsible
measures. This training shall be repeated at least once annually for long - term and/or permanent employees that will be conducting work in the Project Area.

5.5 Construction Monitoring Documentation. The Designated Biologist(s) and Biological Monitor(s) shall maintain construction- monitoring documentation on-site in either hard copy or digital format throughout the construction period, which shall include a copy of this ITP with attachments and a list of signatures of all personnel who have successfully completed the education program. Permittee shall ensure a copy of the construction- monitoring documentation is available for review at the Project site upon request by CDFW.

UEI Biologist

5.6 Rodenticides and Insecticides. The Permittee shall prohibit use of rodenticides or other poisons used to control burrowing animals in the Project Area during the term of this ITP. The Permittee shall prohibit management of ground squirrel populations or any rodents by any means, including, but not limited to, rodenticide, gas, or live- trapping within the Project Area for the duration of Covered Activities. The Permittee may only use pesticides registered with the California Department of Pesticide Regulation (CDPR). Any dyes included in the pesticides must be EPA - registered dyes approved for use in California. All pesticides shall be applied in accordance with labeled instructions and regulations set by CDPR.

Labeled instructions for the pesticide(s) used shall be made available to CDFW upon request. No pesticides shall be applied when wind speeds exceed 5 miles per hour.

Contractor/UEI
Biologist

5.7 Domestic and Working Animals. The Permittee shall prohibit domestic and working animals from the Project Area and site access routes during Covered Activities, except for those that are possessed by authorized security personnel or federal, state, or local law enforcement officials, do gs used in official and CDFW -approved monitoring procedures/protocols, or service dogs under Title II and Title III of the American with Disabilities Act.

The Permittee shall prohibit all domestic dogs from entering the no - disturbance buffer described in Condition of Approval 7.6. The Permittee shall prohibit any form of domestic bird from the Project site to reduce the risk of transferring avian influenza, sticktight fleas, or other diseases or pests to the Covered Species.

Contractor/UEI
Biologist

5.8 Trash Abatement. Permittee shall initiate a trash abatement program before starting Covered Activities and shall continue the program for the duration of the Project. Permittee shall ensure that trash and food items are contained in animal-proof containers and removed, ideally at daily intervals but at least once a week, to avoid attracting opportunistic predators such as ravens, coyotes, and feral dogs.

City/Contractor

5.9 Dust Control. Permittee shall implement dust control measures during Covered Activities to facilitate visibility for monitoring of the Covered Species by the Designated Biologist. Permittee shall keep the amount of water used to the minimum amount needed and shall not allow water to form puddles.

Contractor/UEI
Biologist

5.10 Erosion Control Materials. Permittee shall prohibit use of erosion control materials potentially harmful to Covered Species and other species, such as Contractor/UEI
Biologist
Jeffrey Kim, Engineering Manager
City of Fontana
August 4, 2026

CDFW – ITP No. 2081-2025-064-06
No. Condition Responsible
monofilament netting (erosion control matting) or similar material, in potential Covered Species' habitat.

5.11 Delineation of Property Boundaries. Before starting Covered Activities along each part of the route in active construction, Permittee shall clearly delineate the boundaries of the Project Area with fencing, stakes, or flags.

Permittee shall restrict all Covered Activities to within the fenced, staked, or flagged areas. Permittee shall maintain all fencing, stakes, and flags until the completion of Covered Activities in that area.

Contractor

5.12 Delineation of Habitat. Permittee shall clearly delineate habitat of the Covered Species within the Project Area with posted signs, posting stakes, flags, and/or rope or cord, and place fencing as necessary to minimize the disturbance of Covered Species' habitat.

UEI Biologist

5.13 Project Access. Project-related personnel shall access the Project Area using existing routes, or routes identified in the Project Description, and shall not cross Covered Species' habitat outside of or en route to the Project Area. Permittee shall restrict Project- related vehicle traffic to established roads, staging, and parking areas. Permittee shall ensure that vehicle speeds do not exceed 20 miles per hour to avoid Covered Species on or traversing the roads. If Permittee determines construction of routes for travel are necessary outside of the Project Area, the Designated Representative shall contact CDFW for written approval before carrying out such an activity.

CDFW may require an amendment to this ITP, among other reasons, if additional take of Covered Species will occur as a result of the Project modification.

Contractor

5.14 Staging Areas. Permittee shall confine all Project -related parking, storage areas, laydown sites, equipment storage, and any other surface- disturbing activities to the Project Area using, to the extent possible, previously disturbed areas. Additionally, Permittee shall not use or cross Covered Species' habitat outside of the marked Project Area unless provided for as described in Condition of Approval 5.13 of this ITP.

Contractor

5.15 Hazardous Waste. Permittee shall immediately stop and, pursuant to pertinent state and federal statutes and regulations, arrange for repair and clean up by qualified individuals of any fuel or hazardous waste leaks or spills at the time of occurrence, or as soon as it is safe to do so. Permittee shall exclude the storage and handling of hazardous materials from the Project Area and shall properly contain and dispose of any unused or leftover hazardous products off-site.

Contractor

5.16 CDFW Access. Permittee shall provide CDFW staff with reasonable access to the Project and mitigation lands under Permittee control, and shall otherwise fully cooperate with CDFW efforts to verify compliance with or effectiveness of mitigation measures set forth in this ITP.

Contractor

5.17 Refuse Removal. Upon completion of Covered Activities, Permittee shall remove from the Project Area and properly dispose of all temporary fill and 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.

Contractor
Monitoring, Notification and Reporting Provisions
Jeffrey Kim, Engineering Manager
City of Fontana
August 4, 2026

CDFW – ITP No. 2081-2025-064-06
No. Condition Responsible

6.1 Notification Before Commencement. The Designated Representative shall notify CDFW 14 calendar days before starting Covered Activities and shall document compliance with all pre- Project Conditions of Approval before starting Covered Activities.

City

6.2 Notification of Non -compliance. The Designated Representative shall immediately notify CDFW if the Permittee is not in compliance with any Condition of Approval of this ITP, including but not limited to any actual or anticipated failure to implement measures within the time periods indicated in this ITP and/or the MMRP. The Designated Representative shall follow up within 24 hours with a written report to CDFW describing, in detail, any non- compliance with this ITP and suggested measures to remedy the situation.

UEI Biologist

6.3 Compliance Monitoring. The Designated Biologist shall be on -site daily, unless otherwise approved by CDFW in writing, when Covered Activities occur. The Designated Biologist shall conduct compliance inspections at a minimum of every 14 days during periods of inactivity and after clearing, grubbing, and grading are completed. The Designated Biologist shall conduct compliance inspections to:

(1) minimize incidental take of the Covered Species;
(2) prevent unlawful take of species;
(3) check for compliance with all measures of this ITP; (4) check all exclusion zones; and
(5) ensure that signs, stakes, and fencing are intact, and that Covered Activities are only occurring in the Project Area.

The Designated Representative or Designated Biologist shall prepare daily written observation and inspection records summarizing oversight activities and compliance inspections, observations of Covered Species and their sign, survey results, and monitoring activities required by this ITP.

UEI Biologist

6.4 Monthly Compliance Report. The Designated Representative or Designated Biologist shall compile the observation and inspection records identified in Condition of Approval 6.3 into a Monthly Compliance Report and submit it to CDFW along with a copy of the MMRP table with notes showing the current implementation status of each mitigation measure.

Monthly Compliance Reports shall be submitted to the CDFW offices listed in the Notices section of this ITP and via e- mail to CDFW's Regional Representative and Headquarters CESA Program. At the time of this ITP's approval, the CDFW Regional Representative is Lisa Cardoso ([email protected]) and Headquarters CESA Program email is [email protected]. CDFW may at any time increase the timing and number of compliance inspections and reports required under this provision depending upon the results of previous compliance inspections. If CDFW determines the reporting schedule must be changed, CDFW will notify Permittee in writing of the new reporting schedule.

UEI Biologist

6.5 Annual Status Report. Permittee shall provide CDFW with an Annual Status Report (ASR) no later than January 31 of every year beginning with issuance of this ITP and continuing until CDFW accepts the Final Mitigation Report identified below. Each ASR shall include, at a minimum: (1) a summary of all Monthly Compliance Reports for that year identified in Condition of UEI Biologist
Jeffrey Kim, Engineering Manager
City of Fontana
August 4, 2026

CDFW – ITP No. 2081-2025-064-06
No. Condition Responsible
Approval 6.4; (2) a general description of the status of the Project Area and Covered Activities, including actual or projected completion dates, if known; (3) a copy of the table in the MMRP with notes showing the current implementation status of each mitigation measure; (4) an assessment of the effectiveness of each completed or partially completed mitigation measure in avoiding, minimizing and mitigating Project impacts; (5) all available information about Project-related incidental take of the Covered Species; (6) an accounting of the number of acres subject to both temporary and permanent disturbance, both for the prior calendar year, and a total since ITP issuance; and (7) information about other Project impacts on the Covered Species.

6.6 CNDDB Observations. The Designated Biologist shall submit all observations of Covered Species to CDFW's California Natural Diversity Database (CNDDB) within 60 calendar days of the observation and the Designated Biologist shall include copies of the submitted forms with the next Monthly Compliance Report or ASR, whichever is submitted first relative to the observation.

UEI Biologist

6.7 Final Mitigation Report. No later than 45 days after completion of all mitigation measures, Permittee shall provide CDFW with a Final Mitigation Report. The Designated Biologist shall prepare the Final Mitigation Report which shall include, at a minimum: (1) a summary of all Monthly Compliance Reports and all ASRs; (2) a copy of the table in the MMRP with notes showing when each of the mitigation measures was implemented; (3) all available information about Project-related incidental take of the Covered Species; (4) information about other Project impacts on the Covered Species; (5) beginning and ending dates of Covered Activities; (6) an assessment of the effectiveness of this ITP's Conditions of Approval in minimizing and fully mitigating Project impacts of the taking on Covered Species; (7) recommendations on how mitigation measures might be changed to more effectively minimize take and mitigate the impacts of future projects on the Covered Species; and (8) any other pertinent information.

UEI Biologist

6.8 Notification of Take or Injury. If a Covered Species carcass is found, Permittee shall notify the CDFW Regional Representative and Krysta Rogers ([email protected]) at the CDFW Wildlife Health Laboratory via email within 24 hours of the carcass discovery. The Designated Biolo gist or Designated Representative shall collect the carcass and place it in a clean, sealed, plastic bag with a specimen label, and temporarily store in a freezer.

The Designated Biologist or Designated Representative shall obtain packing and transportation or shipping instructions from the Wildlife Health Laboratory and deliver the specimen within 60 days of discovery to the address below: CDFW Wildlife Health Laboratory Avian Investigations Attention: Krysta Rogers 1701 Nimbus Road, Suite D Rancho Cordova, CA 95670. If a Covered Species individual is found injured, the Designated Biologist shall immediately notify the CDFW Regional Representative at [email protected] or [email protected] and by phone at (909) 484- 0167 and shall transport the injured individual to a CDFW - approved wildlife rehabilitation center or veterinary facility. The initial notification to CDFW shall include information regarding the location, species, number of animals taken or injured, and if injured, the facility to UEI Biologist
Jeffrey Kim, Engineering Manager
City of Fontana
August 4, 2026

CDFW – ITP No. 2081-2025-064-06
No. Condition Responsible
which the individual was transported. Following initial notification, Permittee shall send the CDFW Regional Representative a written report within two calendar days . The report shall include the common and scientific name, date and time of the finding or incident, geo -referenced location of the animal or carcass (Project name, County, GPS location, and GPS datum), sex (if known), life stage/age class (if known), observer name and contact information, ITP number (2081-2025-064-06), a photograph (if possible), explanation as to cause of take or injury, and any other pertinent information. The Designated Biologist or Designated Representative shall provide weekly updates on the status of the rehabilitation facility's treatment of the individual. If nestling(s) or egg(s) are abandoned, the Designated Biologist shall recover the nestling(s) and or egg(s) and immediately take it/them to a CDFW -approved wildlife rehabilitatio n or veterinary facility. Permittee shall bear any cost associated with care and recovery of any injured Covered Species adults, nestling(s), or egg(s) and with hacking (controlled release of captive reared young), and shall follow the notification and reporting requirements described above. minimization of incidental take of Covered Species in the Project Area during Covered Activities. Permittee shall implement and adhere to the following conditions to minimize take of Covered Species:

Take Minimization Measures

7.1 Burrowing Owl Mortality Reduction Plan and Exclusion. Prior to beginning the Covered Activities or as otherwise approved by CDFW, and prior to commencing Covered Species burrow exclusion, burrow excavation, artificial burrow construction, and other relocation activities (collectively termed Burrowing Owl Excl usion Activities), the Permittee shall submit to CDFW a Burrowing Owl Mortality Reduction Plan prepared by an approved Designated Biologist. Burrowing Owl Exclusion Activities shall not proceed until this plan has been approved in writing by CDFW. The Burr owing Owl Mortality Reduction Plan shall include, but not be limited to: a detailed description of survey methodology; preliminary burrow mapping results based on the non-breeding and breeding surveys suggested by the 2012 Staff Report; detailed burrow exclusion and excavation methods; proposed Covered Activities that may be performed within Covered Species avoidance buffers; identification of a wildlife rehabilitation center or veterinary facility capable of and willing to treat injured Covered Species individuals or care for at -risk Covered Species individuals, Covered Species eggs, and/or Covered Species chicks; and procedure for collection and storage of Covered Species carcasses. Only CDFW-approved Designated Biologists or personnel following directions from, and under the supervision of, a CDFW -approved Designated Biologist, are authorized to handle and transport injured Covered Species individuals for treatment or impacted Covered Species eggs for salvage. Once the Burrowing Owl Mortality Reduction Plan is approved in writing by CDFW, it shall be used for the duration of this ITP unless updated by CDFW to reflect best available science and/or to update mitigation and conservation strategies, in which case CDFW will contact the Permittee to discuss needed updates. Any Permittee- proposed changes to the Burrowing Owl Mortality Reduction Plan shall be submitted, in writing, UEI Biologist
Jeffrey Kim, Engineering Manager
City of Fontana
August 4, 2026

CDFW – ITP No. 2081-2025-064-06
No. Condition Responsible
to CDFW and approved by CDFW in writing prior to the implementation of any proposed modifications.

7.2 Burrow Complex Map. Prior to the beginning of Covered Activities, or as otherwise approved by CDFW, the Designated Biologist(s) shall provide to CDFW a KMZ map of the Covered Species burrow complex(es) and atypical burrows (e.g., culverts, buckled concrete, etc.). The map shall be at a scale of 1:24,000 or finer to show details. The map shall show locations of all Covered Species sightings and potential burr ows, occupied burrows, satellite burrows, areas of concentrated burrows, and Covered Species sign.

Locations documented by use of GPS coordinates must be collected in NAD83 datum. The map shall include an outline of the Project Area. The map shall include a title, north arrow, scale bar, and legend. If a lapse in Project- related work of 14 calendar days or longer occurs , the Permittee shall contact the CDFW Regional Representative by phone or email and may be required to provide an updated Burrow Complex Map before work may be reinitiated.

UEI Biologist

7.3 Pre-Construction Surveys. Prior to the initiation of pre -construction surveys, or as otherwise approved by CDFW, the Designated Biologist(s) shall submit to CDFW for review and approval the survey methods and map of survey area including any transects (linear or meandering) that ca n be reproduced. No more than 14 days prior to beginning Covered Activities, or as otherwise approved by CDFW, the Designated Biologist(s) shall conduct at least two pre- construction surveys at least seven days apart, with the final survey conducted no more than 48 hours prior to beginning Covered Activities . Surveys shall be conducted using the methods described in the CDFW Staff Report on Burrowing Owl Mitigation, Appendix D (2012) or other appropriate method if agreed upon in writing by CDFW. The Designated Biologist(s) shall submit the results of the pre- construction surveys, pre- construction survey methods, and include an updated Burrow Complex Map showing any new or atypical potential Covered Species burrows or any burrows/refugia that may be utilized by the Covered Species to CDFW for approval prior to beginning Covered Activities.

If changes in Covered Species presence are detected (e.g., Covered Species have moved onsite or changed burrow use), the Designated Biologist(s) shall contact the CDFW Regional Representative by phone or email within 24 hours of the observation to consult on appropriate measures to avoid or minimize impacts of the Project to the Covered Species and the Designated Biologist shall establish buffers as required in this Permit. If a lapse in Project-related work of 14 calendar days or longer occurs , the Permittee shall contact the CDFW Regional Representative by phone or email and may be required to conduct additional surveys before work may be reinitiated using the same survey methods utilized for the initial pre- construction survey.

UEI Biologist

7.4 Predator Attractions. The Permittee shall avoid attracting predators of the Covered Species within 150 meters of any occupied burrow complex.

Predator attractions can include, but are not limited to, tall structures that could be used as perches for hawks and eagles (e.g., camera traps, fencing, stakes, etc.). Any necessary materials potentially attracting predators shall be modified to discourage perching.

Contractor/UEI
Biologist
Jeffrey Kim, Engineering Manager
City of Fontana
August 4, 2026

CDFW – ITP No. 2081-2025-064-06
No. Condition Responsible

7.5 Covered Species Daily Monitoring. The Designated Biologist(s) shall be present each day during Covered Activities to monitor the behavior of the Covered Species, or as otherwise approved by CDFW in writing. If a burrow is assumed to be occupied (based on pre- construction surveys), a trail camera shall be used to monitor the burrow. Cameras should be checked weekly and the Designated Biologist(s) shall share a summary of findings each month with CDFW. If two Covered Species individuals begin to share a burrow, the Designated Biologist(s) shall immediately notify CDFW. If changes in Covered Species presence are detected (e.g., Covered Species have moved onsite or changed burrow use), the Designated Biologist(s) shall contact the CDFW Regional Representative by phone or email within 24 hours of the observation to consult on appropriate measures to avoid or minimize impacts of the Project to the Covered Species and the Designated Biologist shall establish buffers as required in this Permit. The Designated Biologist(s) shall notify CDFW immediately and shall have the authority to stop work if Covered Species individuals exhibit distress and/or abnormal behavior (e.g., excessive vocalizations, defensive flights at intruders, flushing frequently, or other agitated behavior). The Permittee shall not resume Covered Activities until the Designated Biologist(s) has consulted with CDFW and both the Designated Biologist(s) and CDFW confirm that the Covered Species' behavior has normalized. CDFW, in consultation with the Designated Biologist(s), shall determine whether to increase the size of the no-disturbance buffer zones described below.

UEI Biologist

7.6 No Disturbance Buffer Zones. The Permittee shall limit the materials necessary to mark the no -disturbance buffer to that which is necessary for identification of the site. The Permittee shall delineate the no -disturbance buffer with different materials than those used to delineate the Project Area.

The Permittee shall remove and properly dispose of all materials used for delineation immediately upon completion of the Project. For any potential Covered Species burrows that remain onsite after the implementation of the Burrowing Owl Mortality and Reduction Plan, the Permittee shall establish no-disturbance buffer zones around potential, known (including roosting and satellite burrows), and nesting Covered Species burrows according to the following guidelines:

7.6.1. Potential Unoccupied Burrow. If a potential Covered Species burrow (any subterranean hole three inches or larger for which no evidence is present to conclude that the burrow is being used or was used in the past by a Covered Species individual) is discovered, the Permittee shall establish a minimum 50-foot no disturbance buffer around the burrow.

The Permittee shall use their best professional judgement to confirm vacancy and proceed with the guidelines in the Burrowing Owl Mortality and Reduction Plan.

7.6.2. Occupied Burrow. If a known Covered Species burrow (a burrow that is known to have been used or shows evidence of current or past use) or an "atypical" burrow (e.g., a pipe, culvert, buckled concrete, etc.) showing signs of occupancy (e.g. Covered Species presence, whitewash, pellets, prey remains, etc.) is discovered, the Permittee shall establish a minimum no-disturbance buffer of at least 250 feet around the burrow.

UEI Biologist
Jeffrey Kim, Engineering Manager
City of Fontana
August 4, 2026

CDFW – ITP No. 2081-2025-064-06
No. Condition Responsible

7.6.2.1. Notwithstanding the above requirement, a no disturbance buffer of at least 500 feet shall be established around known Covered Species burrows currently occupied by the Covered Species during the nesting season (typically the beginning of the year to late summer in Southern California).

7.6.2.2. Notwithstanding the above requirements, if an active Covered Species nest burrow (e.g. known Covered Species burrow with indications of paired Covered Species during the breeding season, the presence of eggs, chicks, dependent young, and/or brooding or egg incubation) is discovered within or
immediately adjacent to the Project Area, the Permittee shall notify CDFW's Regional Representative immediately through email. A no disturbance buffer of at least 650 feet shall be established around the nest burrow.

If Covered Species individuals are visibly stressed by the Covered Activities or workers in the vicinity after these no-disturbance buffers are established, all work in the vicinity shall immediately cease and increased no - disturbance buffers will be determined by the Designated Biologist(s) based on their behavioral observations of the affected Covered Species.

If direct impacts to Covered Species individuals cannot be avoided, the Designated Biologist(s) shall contact the CDFW representative to discuss potential relocation/translocation methods (Condition of Approval 7.8).

The buffers prescribed above shall not be reduced or otherwise modified without the prior written approval of CDFW. If the Designated Biologist(s) determine(s) that specific Covered Activities are not likely to affect Covered Species individuals using known or nesting Covered Species burrows due to the nature of the specific Covered Activities and/or due to objects or topography that might reduce potential noise disturbance or obstruct view of the Covered Activities from the nest, then the Designated Biologist(s) may email a written request to CDFW to reduce the buffer distance, along with documented observational data (Buffer Reduction Request). CDFW will review each Buffer Reduction Request on a case-by-case basis and provide a determination in response to each Buffer Reduction Request in writing.

CDFW may request additional and/or ongoing biological monitoring prior to approving a Buffer Reduction Request. Written approval from CDFW is required before a buffer distance may be reduced to allow for Covered Activities to occur.

7.7 Entrapment Inspections. Any pipes, culverts, burrow exclusion installations, or similar structures with a diameter greater than 11 centimeters shall be inspected for Covered Species individuals and eggs by the Authorized Biologist(s) and/or Biological Monitor(s) before the material is moved, buried, or capped. The Authorized Biologist(s) and/or Biological Monitor(s) shall inspect all open holes and trenches within Covered Species habitat at a minimum of twice a day and just prior to backfilling. At the end of each workday , the Permittee shall place an escape ramp at each end of UEI Biologist
Jeffrey Kim, Engineering Manager
City of Fontana
August 4, 2026

CDFW – ITP No. 2081-2025-064-06
No. Condition Responsible
trenches to allow any animals that may have become trapped in the trench to climb out overnight. The ramp may be constructed of dirt fill, wood planking, or other suitable material that is placed at an angle no greater than 30 degrees. If any worker discovers that a Covered Species individual has become trapped, they shall halt Covered Activities and notify the Biological Monitor(s) and/or Authorized Biologist(s) immediately. Project workers and the Biological Monitor(s) and/or Authorized Biologist(s) shall allow the Covered Species to escape unimpeded if possible, or an Authorized Biologist(s) approved under Condition of Approval 5.2 of this ITP shall move the Covered Species out of harm's way before allowing work to continue.

7.8 Covered Species Active Translocation Plan. If direct impacts to Covered Species individuals cannot be avoided and adjacent suitable habitat is unavailable, the Permittee shall develop a Translocation Plan. The Translocation Plan shall be developed based on Conditions of Approval 7.9,

7.10, 7.11, an d 7.12 and shall at a minimum include: (1) spatial maps of Covered Species burrows within the Project Area and adjacent 100 foot buffer (KMZ format); (2) map and habitat quality of proposed receiver site(s), including any existing features that are beneficial to the Covered Species (KMZ format); (3) methods for capturing and handling Covered Species individuals; (4) a summary of the behavior of the Covered Species individuals onsite that are proposed for translocation, including a pellet analysis to inform a suitable relocation area; (5) installing and implementing artificial conspecific signs/cues at the receiver site such as play back calls and artificial whitewash; (6) a map of proposed locations of artificial burrows and satellite burrows upon the receiver site (KMZ format); (7) method in which the Covered Species individuals will be released; (8) the design, maintenance and monitoring of artificial burrows; (9) design, maintenance, and monitoring of hacking cages; (10) translocation supplemental feeding; (11) translocation monitoring; (12) and any other details related to translocation. A Property Analysis Record (PAR) or PAR - like analysis shall be included to cover long -term management and procurement of materials. The PAR shall be developed by the Permittee and receiver site land manager. The Designated Biologist(s) shall submit to CDFW for review and approval a Translocation Plan no more than 30 days prior to beginning any Covered Activity (including exclusionary fence installation), or as otherwise approved by CDFW. Translocation of Covered Species individuals shall not occur except in accordance with a Translocation Plan approved in advance, in writing, by CDFW.

UEI Biologist

7.9 Pre-Translocation Monitoring. If translocation is deemed necessary by CDFW, the Designated Biologist(s) shall monitor the Covered Species daily prior to translocation. Cellular trail cameras shall be placed at the entrance of the occupied burrow to assist with monitoring efforts. SD trail cameras shall be replaced by cellular trail cameras at occupied burrow sites to minimize disturbance to the Covered Species and to provide behavioral data in real time. If translocation is to occur near or during the breeding season, bi-weekly updates shall be sent to CDFW until Covered Species individuals show signs of courting behavior or begin to pair. At this point, the Designated Biologist(s) shall send CDFW daily updates including, at a minimum: (1) a summary of changes in Covered Species' behavio r (agitated, shy, normal, UEI Biologist
Jeffrey Kim, Engineering Manager
City of Fontana
August 4, 2026

CDFW – ITP No. 2081-2025-064-06
No. Condition Responsible
etc.); (2) the appearance of Covered Species individuals (changes in feather color, signs of brood patches, etc.); and (3) any signs of courtship displays (delivery of prey and nest adornments, preening, back standing -mounting, territory defense, copulations). The Designated Biologist(s) shall also immediately notify CDFW if any new individuals appear at the Project site during pre-translocation monitoring.

7.9.1. Paired Covered Species. Paired Covered Species individuals shall be carefully monitored and observed to estimate the status of nesting activity. Upon observation of the absence of a Covered Species individual for three or more days, the Designated Biologist(s) shall notify CDFW immediately. Any proposed trapping and handling activities (Condition of Approval 7.10) shall not proceed until written guidance is received from CDFW.

7.10 Covered Species Trapping and Handling. If translocation is deemed necessary by CDFW, a permitted Designated Biologist(s) shall use the capture and handling methods described in the CDFW -approved Translocation Plan. Captured Covered Species individuals shall be handled and transported in a manner that minimizes stress. Capture efforts and handling shall at a minimum include the following:

7.10.1. Trapping and Monitoring. The Designated Biologist(s) shall conduct Covered Species trapping within the Project Area in areas which direct impacts to individuals cannot be avoided. Covered Species burrows which were trapped shall be monitored for at least 48 hours post - trapping to ensure there are no remaining individuals.

7.10.2. Banding. Captured Covered Species individuals shall be banded with United States Geological Survey leg bands and a unique Visual Identification band on the opposite leg.

7.10.3. Data Collection. The Designated Biologist(s) shall record captured Covered Species individuals' approximate age, sex (if possible), reproductive status (any signs of eggs, brood patch, changes in feather color, etc.), weight, trap location, and overall condition. Summary of collected data and banding shall be provided to CDFW within 24 hours of capture.

7.10.4. Hold and Hacking Period. The Designated Biologist(s) shall implement a hold and hacking period according to the CDFW -approved Translocation Plan unless otherwise approved by CDFW in writing.

UEI Biologist

7.11 Burrow Excavation and Monitoring. The Permittee shall avoid destroying any known or potential Covered Species burrows unless they are in an area of direct ground disturbance (e.g., grading areas, excavation areas) or their location poses a risk of direct harm to Covered Species individuals. If an active nest is present or suspected (e.g. an individual has not been seen for three or more days, the presence of eggs, chicks, dependent young, and/or brooding or egg incubation), the Permittee shall not excavate active Covered Species burrows and shall immediately notify and consult with CDFW. After UEI Biologist
Jeffrey Kim, Engineering Manager
City of Fontana
August 4, 2026

CDFW – ITP No. 2081-2025-064-06
No. Condition Responsible
Covered Species individuals are excluded from burrows according to the Burrowing Owl Mortality Reduction Plan, the Designated Biologist(s) shall monitor said burrows with tracking medium or an infra-red camera(s), or as otherwise approved by CDFW, for a minimum of 48 hours. The Designated Biologist(s) shall excavate potential or known Covered Species burrows that cannot be avoided according to the Burrowing Owl Mortality Reduction Plan, only after the Designated Biologist(s) has/have determined that no Covered Species individuals are present throughout that 48 -hour period. Burrow excavation shall be accomplished by careful hand excavation of the entire length of the burrow until it is certain no individuals are inside. Burrows shall then be filled with soil and compacted to ensure that Covered Species individual cannot reenter or use the burrow during Covered Activities. If the excavation process reveals Covered Species eggs, young, or adults, then burrow excavation shall cease immediately. The Permittee shall contact the CDFW Regional Representative by phone or email immediately and obtain written guidance if a Covered Species individual is discovered during excavation.

7.12 Post-Translocation Monitoring. If translocation is implemented, the Designated Biologist shall monitor translocated Covered Species individuals and their offspring, if any, at the receiver site for 36 months following translocation. Monitoring will be conducted through the first three breeding seasons immediately following release. Monitoring will be conducted twice per week until the first nesting season is complete and weekly updates shall be sent to CDFW. Monitoring after the first nesting season will be conducted once per month for the first year. Cameras will be used to monitor activity to minimize the number of visits and disturbance at the release site. Monitoring will also vary depending on presence and number of Covered Species individuals onsite. Camera images will be obtained and analyzed monthly, and results shall be shared with CDFW monthly for the first year. Activities that shall be monitored, at a minimum, include foraging composition, artificial burrow use, frequency of burrow emergence, predator presence, human encroachment, and signs of disease, injury, and stress. All adults and nestlings produced in the artificial burrows and starter burrows related to this project will be banded by the Designated Biologist(s) each year throughout the three -year monitoring term. Annual status reports shall be submitted to CDFW for the first three years. Annual status reports shall include at a minimum, monitored activities, raw GPS data if tracking devices are used, injury or mortality events, predator management, trespassing management, and trail camera data. If the translocated Covered Species individuals do not remain at the receiver site, CDFW shall be notified and shall determine whether and what further management efforts are required.

UEI Biologist

7.13 Receiver Site -Long-Term Management. If translocation is deemed necessary by CDFW, the Permittee shall submit a long -term management plan for the receiver site to CDFW for review and approval. This plan must include at a minimum: (1) long -term management, maintenance and repair of any artificial burrows; (2) vegetation management and maintenance; (3) predator management; (4) adaptive management for care of sick or injured Covered Species individuals; (5) Covered Species surveys; (6) fence maintenance and trespass management; and (7) adaptive management. The City/UEI
Biologist
Jeffrey Kim, Engineering Manager
City of Fontana
August 4, 2026

CDFW – ITP No. 2081-2025-064-06
No. Condition Responsible
Permittee shall establish an endowment based on the PAR or PAR -like analysis as required in Condition of Approval 7.8 (Covered Species Translocation Plan) for the perpetual management of the receiver site.

CDFW must approve the long-term management plan for the receiver site in writing prior to the relocation/translocation of any Covered Species individuals to the receiver site.

7.14 Artificial Nighttime Lighting. Throughout construction and the lifetime operations of the Project, the Permittee shall eliminate all nonessential lighting throughout the Project Area and avoid or limit the use of artificial light at night during the hours of dawn and dusk when many wildlife species are most active. The Permittee shall ensure that all lighting for the Project is fully shielded, cast downward, and directed away from surrounding open- space and agricultural areas, reduced in intensity to the greatest extent possible, and does not result in lighting trespass including glare into surrounding areas or upward into the night sky (see the International Dark- Sky Association standards at http://darksky.org). The Permittee shall ensure use of LED lighting with a correlated color temp erature of 3,000 Kelvins or less, proper disposal of hazardous waste, and recycling of lighting that contains toxic compounds with a qualified recycler.

Contractor

7.15 Covered Species Injury. If a Covered Species is injured as a result of Project- related activities, the Designated Biologist shall immediately take it to a CDFW approved wildlife rehabilitation or veterinary facility. Permittee shall identify the facility before starting Covered Activities. Permittee shall bear any costs asso ciated with the care or treatment of such injured Covered Species. The Permittee shall notify CDFW of the injury to the Covered Species immediately by telephone and e- mail followed by a written incident report as described in Condition 6.8. Notification shall include the name of the facility where the animal was taken. perpetual management of compensatory habitat is necessary and required pursuant to CESA to fully mitigate Project-related impacts of the taking on the Covered Species that will result from im
plementation of the Covered Activities. This
determination is based on factors including an assessment of the importance of the habitat in the Project Area, the extent to which the Covered Activities will impact the habitat, and CDFW's estimate of the protected acreage required to provide for adequate compensation. To meet this requirement, the Permittee shall: provide for both the permanent protection and management of 67.82 acres of Habitat Management (HM) lands pursuant to Condition of Approval 8.2 below and the calculation and deposit of the management funds pursuant to Condition of Approval 8.3 below. Permanent protection and funding for perpetual management of HM lands must be complete before starting Covered Activities, or within 18 months of the effective date of this ITP if Security is provided pursuant to Condition of Approval 9 below for all uncompleted obligations.

UEI Biologist
Habitat Management Land Acquisition

8.0 Items in this section were not included because they are expected to be updated after the ITP Amendment is submitted to CDFW.

The ITP Amendment is Task 5 above.

City/
UEI Biologist

Jeffrey Kim, Engineering Manager
City of Fontana
August 4, 2026

MAJOR TASK 7.0: PROJECT MANAGEMENT AND COORDINATION
To ensure effective communication between UltraSystems, the City of Fontana, and the permitting agencies, monthly coordination meetings and additional meetings for the ITP Amendment via Teams have been budgeted. A total of 30 meetings are included. To the extent feasible, meeting schedules will correspond with draft deliverables or related milestone events and will be preceded by the delivery of draft documents to the Client and CDFW for their review, prior to the meeting date.

Additional meetings beyond the number indicated would be compensated for in accordance with the terms and conditions contained in our Standard Rate Schedule.

This task also includes general project management and coordination activities required to make sure these tasks are completed sufficiently and successfully. UltraSystems will be available throughout the term of this work effort to respond to any requests for input concerning various aspects of the above tasks.

PROJECT ASSUMPTIONS
Construction within each segment would proceed in six phases, demolition, site preparation, grading, trenching, paving, and architectural coating, as shown in Table 1. Construction is expected to start in March 1, 2027, take approximately 22 months, and be completed December 14, 2028 (within the terms of the RAISE Grant). Table 1 provides a list of construction phases and estimated schedule/duration and number of days of each construction phase. Pre-construction surveys and monitoring tasks are based only on the Demolition, Site Preparation, Grading, and Trenching phases.

Table 1

CONSTRUCTION PHASING AND SCHEDULE
Construction Phase Start date End date Duration
in days
SEGMENT A: Cherry Avenue Between Baseline Avenue and Walnut Street Demolition 3/1/2027 3/6/2027 5
Site Preparation 4/6/2027 4/10/2027 4
Grading 5/6/2027 6/18/2027 43
Trenching 1/23/2028 3/1/2028 38
Paving 9/11/2028 9/20/2028 9
Architectural Coating 11/10/2028 11/15/2028 5
SEGMENT B: Cherry Avenue Between Walnut Street and South Highland Avenue Demolition 3/10/2027 3/15/2027 5
Site Preparation 4/13/2027 4/17/2027 4
Grading 7/10/2027 8/22/2027 43
Trenching 3/21/2028 4/28/2028 38
Paving 9/26/2028 10/5/2028 9
Architectural Coating 11/19/2028 11/24/2028 5
SEGMENT C: Cherry Avenue Between Highland Avenue and North Frontage Road Jeffrey Kim, Engineering Manager
City of Fontana
August 4, 2026

Construction Phase Start date End date Duration
in days
Demolition 3/19/2027 3/24/2027 5
Site Preparation 4/21/2027 4/25/2027 4
Grading 9/14/2027 10/27/2027 43
Trenching 5/18/2028 6/25/2028 38
Paving 10/11/2028 10/20/2028 9
Architectural Coating 11/28/2028 12/3/2028 5
SEGMENT D: Victoria Street Between east of the existing Etiwanda Creek Channel and Cherry Avenue
Demolition 3/28/2027 4/2/2027 5
Site Preparation 4/28/2027 5/2/2027 4
Grading 11/18/2027 12/31/2027 43
Trenching 7/15/2028 8/22/2028 38
Paving 10/26/2028 11/4/2028 9
Architectural Coating 12/9/2028 12/14/2028 5
Source: Estimated by UltraSystems Environmental Inc. (UltraSystems) based on data from CalEEMod (Version 2022.1.1.23) (CAPCOA, 2022).
• If field work is interrupted by weather or other circumstances beyond control, additional survey dates and travel costs may be incurred. The estimated costs provided in this proposal reflect a standard project without delays. The Client agrees to fulfill data needs requests in a timely fashion.
• Changes in the project description, project boundary, and project footprint (design) could trigger additional analyses, calculations, resubmittals and/or revisions to the report and/or figures. These additional actions will be billed on a time and materials basis, or a change order/proposal will be required.
• CDFW requires that special status species identified onsite or in the BSA must be reported to the California Natural Diversity Database (CNDDB) for informational and permitting purposes. • Mileage rate is based on the current 2026 IRS mileage rate of $0.76 per mile. Assumes 1 hour of travel time per day max for monitoring.
• Construction monitoring would last 22 months, plus additional time is required for pre - construction surveys .

Jeffrey Kim, Engineering Manager
City of Fontana
August 4, 2026

COSTS
Costs will be on a Time and Materials, not to exceed basis. Table 2 below summarizes the estimated costs for the tasks discussed above.

TABLE 2

COST ESTIMATE SUMMARY
Tasks Description Cost

1.0 MITIGATION STRATEGY DEVELOPMENT & CDFW CONSULTATION (ALREADY COMPLETED)

1.1 Comparison of Habitat Mitigation Scenarios $4,230

1.2 Preparation of Talking Points for the City’s Meeting with CDFW $4,950

1.3 CDFW Consultation – Preview and Final Approved ITP $2,550

1.4 Habitat Mitigation Land and Receiver Site Research $3,160

1.5 ITP BUOW Mitigation Coordination $2,910
Subtotal – Task 1 $17,800

2.0 BUOW SURVEYS/HABITAT QUALITY ASSESSMENT OVERAGES & OUT

OF SCOPE TASKS (MOSTLY COMPLETED)

2.1 Burrowing Owl (BUOW) Surveys — overage hours $19,120

2.2 Burrow Survey and Burrow Map — overage hours $7,245

2.3 BUOW Habitat Quality Analysis and Mapping — overage hours $3,237

2.4 Draft BUOW Survey Report — overage hours $3,300

2.5 Final BUOW Survey Report — overage hours $2,260

2.6 Project Management & Coordination — overage hours $4,773

2.7 Field Camera Deployment, Photo Review & Data Logging (new, additional scope) $29,545
Subtotal – Task 2 $69,480

3.0 Crotch’s Bumble Bee (CBB) Surveys and Report

3.1 Crotch’s Bumble Bee (CBB) Surveys $7,570

3.2 CBB Survey Report $4,060
Subtotal – Task 3 $11,630

1.0 San Bernardino Kangaroo Rat (SBKR) Survey and Report.

4.1 Protocol San Bernardino Kangaroo Rat (SBKR) Surveys. 11,320

4.2 Protocol SBKR Survey Report 7,150
Subtotal – Task 4 $18,470

5.0 Incidental Take Permit Amendment Application

5.1 Incidental Take Permit Amendment Application $19,810

5.2 CDFW Consultation–Amendment Development $8,740
Subtotal – Task 5 $28,550

6.0 REGULATORY REQUIREMENTS OF CDFW/LSAA, RWQCB/WDR, AND

CDFW ITP

CDFW - SAA

1.5-1.7 Administrative Measures $0

2.1-2.5 Avoidance and Minimization Measures - General Biological Compliance $1,370 Jeffrey Kim, Engineering Manager
City of Fontana
August 4, 2026

Tasks Description Cost

2.7-2.7.7 Nesting Bird Protection (covered in 7.1-7.15) $0

2.8-2.8.6 Burrowing Owl Protection (covered in 7.1-7.15) $0

2.9-2.20 Special-Status Species Surveys and Avoidance $1,890

2.22.3 In-Water Work and Dewatering $0

2.23-2.25 Construction BMPs, Invasive Species, Equipment, Pollution, and Trash

$3,540

3.2 Compensatory Measures $1,380

4.1-4.6 Reporting Measures $8,740
CDFW SAA Subtotal $16,920

RWQCB - WDR
C.4-C.6 Restoration and Compensatory Mitigation $0
D.2, D.7-

Best Management Practices and Post-Construction Monitoring $13,630 E.1-E.3 Reporting $5,940
RWQCB - WDR Subtotal $19,570

CDFW - ITP

5.2-5.12 General Provisions $2,610

6.2-6.8 Monitoring, Notification and Reporting Provisions $21,280

7.1-7.15 Take Minimization Measures $295,460
CDFW ITP Subtotal $319,350
Subtotal – Task 6 $355,840

7.0 PROJECT MANAGEMENT AND COORDINATION

7.1 Project Management and Coordination (CBB/SBKR) $4,920

7.2 Project Management and Coordination (ITP Amendment) $5,950

7.3 Monthly Coordination & Pre -construction Meetings via Teams (30

$10,660
Subtotal – Task 7 $21,530
TOTAL — ALL TASKS (1.0–7.0) $523,300
• NOTE ON PERMIT JURISDICTION (updated 07/31/26): Confirmed via the signed LSAA agreement (EPIMS-SBR-58314-R6) that the permitted project is limited to installing one culvert where the Victoria Street alignment crosses Old San Sevaine Channel (0.37-ac temporary / 0.40-ac permanent impact), plus a 500-ft buffer (27.74 acres per the JD Impact 500ft Buffer map) — a small portion of the alignment, not the full 4-segment corridor. The CDFW ITP covers the ENTIRE project alignment, since burrowing owls may occupy any segment. Costs driven by the whole-alignment need — daily biological monitoring and burrowing owl focused surveys — are billed under the CDFW ITP (7.1-7.15), not LSAA. In addition, the multi-species reconnaissance survey (covering small mammals, amphibians, plants, least Bell's vireo, and Crotch's bumble bee — species the ITP does not regulate) has been resized from 4 segments down to a single visit covering the LSAA-jurisdictional footprint only, consistent with the agreement's own project description.. • NOTE ON CROSS-PERMIT CONSOLIDATION: The line items above are billed once even though several activities satisfy obligations under two or three permits simultaneously — the same field visit or deliverable is not charged separately to each permit. Combined items: (1) Designated Biologist submittal — CDFW ITP 5.2 + LSAA 2.1, counted under “2.1-2.5 Avoidance and Minimization Measures”; (2) Worker Environmental Awareness Program (WEAP) — CDFW ITP 5.4 + LSAA 2.23, counted under “2.23-2.25 Construction BMPs”; (3) CNDDB notification — LSAA 4.5 + CDFW ITP 6.6, counted under “4.1-4.6 Reporting Measures”; (4) Burrowing Owl Mortality Reduction Plan — CDFW ITP 7.1 + LSAA 2.8.5, counted under “7.1-7.15 Take Minimization Measures”; (5) Daily biological monitoring and burrowing owl focused surveys — CDFW ITP 7.5/7.7/7.3 + LSAA 2.17/2.19/2.8.2/2.8.3/2.8.4/2.13 + RWQCB D.2, counted under “7.1-7.15 Take Minimization Measures” (see the jurisdiction note above for why this moved to ITP). Corresponding line items under the other permit(s) show $0 for these specific conditions to avoid double-billing.

Jeffrey Kim, Engineering Manager
City of Fontana
August 4, 2026

ULTRASYSTEMS’ PROJECT MANAGER FOR THIS CONTRACT
Please call me at (949) 788 -4900, Ext. 2 27 or email at [email protected] , or Billye Breckenridge at (949) 505 -0945, or [email protected] if you have any questions.

Sincerely,

Betsy A. Lindsay, MURP
President/Chief Executive Officer
UltraSystems Environmental, Inc.