§ 722. General Lake or Streambed Alteration Agreement for Activities Related to Cannabis Cultiv...
14 CA ADC § 722Barclays Official California Code of Regulations
14 CCR § 722
§ 722. General Lake or Streambed Alteration Agreement for Activities Related to Cannabis Cultivation.
(2) This General Agreement applies only to the construction, Reconstruction, maintenance, or repair of Stream Crossings, in the form of a bridge, culvert, or rock ford, and Water Diversions on non-finfish rivers, streams, and lakes that are used or will be used for the purpose of Cannabis Cultivation, each a “Covered Activity.”
(A) Identify the presence or potential presence of any Species of Greatest Conservation Need and finfish and their habitat, and invasive species, relying on the U.S. Department of Agriculture's Ecoregion Classification system; California's Vegetation Classification and Mapping Program macrogroups (based on the National Vegetation Classification System) at https://www.wildlife.ca.gov/Data/VegCAMP; the U.S. Geological Survey's Hydrologic Classification hydrologic unit code 8 at http://datagateway.nrcs.usda.gov; the U.S. Fish and Wildlife Service's Information for Planning and Consultation at https://ecos.fws.gov/ipac/; and the National Marine Fisheries Service's California Species List Tools at: http://www.westcoast.fisheries.noaa.gov/maps_data/california_species_list_tools.html.
(7) “Design Plan” means a detailed description of the site-specific design for the construction or Reconstruction of a Stream Crossing or reservoir prescribed by a Licensed Professional that includes drawings, sizing methods, component details, and construction notes that give specific directions on the construction methods that will be employed for the work.
(12) “Licensed Professional” means a person licensed under the Professional Engineer Act (Bus. & Prof. Code, §§ 6700-6799), the Geologist and Geophysicist Act (Bus. & Prof. Code, §§ 7800-7887), the Professional Land Surveyors' Act (Bus. & Prof. Code, §§ 8700-8805), or the Professional Foresters Law (Pub. Resources Code, §§ 750-783) or a licensed professional hydrologist.
(13) “Listed or Fully Protected Species” means any native plant species listed as rare under the Native Plant Protection Act (Fish & G. Code, § 1900 et seq.; Cal. Code Regs., tit. 14, § 670.2); any species that is listed or is a candidate for listing under the California Endangered Species Act (Fish & G. Code, § 2080 et seq.; Cal. Code Regs., tit. 14, §§ 670.2, 670.5); or any fully protected species (Fish & G. Code, §§ 3511, 4700, 5050, 5515).
(f) Notification and Fee Requirements. To seek authorization to conduct a Covered Activity under this General Agreement, the Entity must go to the website for the department's Lake and Streambed Alteration Program at: https://www.wildlife.ca.gov/Conservation/LSA and follow the links and instructions to apply for authorization. To apply for authorization, the Entity must provide the information specified in subsection (f)(1) (“Notification”), make the certifications described in subsection (f)(2) (“Certifications”), and when applicable, pay the fee(s) as specified in subsection (f)(3) below.
(C) Whether the Covered Activity is the subject of a notice of violation by the department; a complaint or order by the department under Section 12025 of the Fish and Game Code; a complaint by a city attorney, District Attorney, or the Attorney General; or an order or notice by a court or agency other than the department, and information regarding the notice, complaint, or order.
(D) Location of the Project Site, including the address or description of the location with reference to the nearest city or town; the county; driving directions from a major road or highway; the name of the stream or lake in or near where the Covered Activity will occur; the watercourse or waterbody to which the stream or lake is tributary; the USGS 7.5 Minute Quad Map Name, the Township, Range, Section, ¼ Section, and Meridian; coordinates, such as latitude/longitude and UTM; and the Assessor's Parcel Number for the Property the Project Site is located on.
(1) Documentation at Project Site. Permittee shall make the following documents available to all persons conducting the Authorized Activity at the Project Site on behalf of Permittee, including, but not limited to, contractors, subcontractors, inspectors, and monitors, and shall present these documents to any department or other governmental agency employee upon the employee's request:
(2) Document Submittal. Permittee shall electronically submit to the department a copy of the Biological Resources Assessment, Design Plan, and Property Diagram within 90 days of receiving authorization from the department under subsection (g). The documents shall be submitted to the department through the website for the department's Lake and Streambed Alteration Program at: https://www.wildlife.ca.gov/ Conservation/LSA.
(3) Notice to Cease Authorized Activity. Permittee shall cease an Authorized Activity if the department notifies Permittee in writing that the activity is adversely affecting fish and wildlife resources. This includes, but is not limited to, information made available to the department that indicates that bypass flows or diversion rates under this General Agreement are not keeping aquatic life downstream in good condition or avoiding take of Listed or Fully Protected Species.
(4) Take. This General Agreement does not authorize take of a Listed or Fully Protected Species, and compliance with this General Agreement does not ensure that take will be avoided in all circumstances. Permittee remains responsible for complying with all provisions in the Fish and Game Code that pertain to take of Listed and Fully Protected Species, including Sections 2080 et seq., 3503, 3503.5, 3511, 3513, 4700, 5050, and 5515.
(5) Access to Project Site. Permittee shall allow department employees access to the Project Site to inspect or monitor any Authorized Activity. Inspection and monitoring shall be conducted between the standard business hours of 8:00 a.m. and 5:00 p.m. (Pacific Standard Time) or at other reasonable times as mutually agreed to by the department and the Permittee. Prior notice of inspection is not required.
(2) Work in Dry Weather Only. Permittee shall cease the Authorized Activity when the National Weather Service (“NWS”) 72-hour weather forecast indicates a 30 percent chance or higher of precipitation. Permittee shall implement all necessary erosion control measures prior to the onset of precipitation and remove construction equipment and materials if precipitation is likely. Work activity halted due to precipitation may resume when the NWS 72-hour weather forecast indicates less than a 30 percent chance of precipitation. No Authorized Activity shall occur during a dry-out period of 24 hours after wet weather. Permittee shall provide documentation of weather forecasts upon the department's request.
(C) Check for Wildlife. Every day, prior to beginning any construction work, Permittee shall visually check all sections of pipe/construction materials and associated work equipment for the presence of wildlife sheltering in them. Alternatively, the ends of any pipes may be capped while stored on site to prevent wildlife from entering.
(D) Escape Ramp in Trench. At the end of each workday, Permittee shall place an escape ramp at each end of any open trench to allow wildlife that may have become entrapped in the trench to escape. The ramp may be constructed of dirt, wood planking, or other suitable material and shall be placed at an angle no greater than 30 degrees.
(E) Nest/Den Surveys. If construction, grading, vegetation removal, or other Authorized Activity is scheduled between February 1 and August 31, a Biologist shall conduct a focused survey for nests and dens of birds and mammals within seven days prior to beginning the Authorized Activity. If a nest or den is found, Permittee shall consult with the department before commencing the Authorized Activity. Any time there is a lapse in the Authorized Activity of seven days or longer, a Biologist shall conduct another focused survey.
1. The buffer distance must be site-specific and adequate to protect normal animal behavior to prevent reproductive failure or nest/den abandonment, as determined by the Biologist. To meet this objective, the Biologist shall determine the buffer distance after the Biologist conducts field investigations that evaluate the apparent distress of the animal(s) in the presence of people or equipment at various distances.
2. Abnormal nesting or denning behaviors that might cause reproductive harm include, but are not limited to, defensive movements, flights, or vocalizations directed towards work personnel, standing up from a brooding position, and moving or flying away from the nest or den. The Biologist shall have authority to order cessation of the Authorized Activity if the nesting animal exhibits abnormal behavior that could cause reproductive failure (i.e., nest or den abandonment and loss of eggs or young) until an appropriate buffer is established.
(B) Plant Species of Greatest Conservation Need. If the Biologist finds at the Project Site a population of any plant designated as a Species of Greatest Conservation Need, or determines the plant may be present, based, for example, on habitat types or other cues, the Biologist shall establish a protective buffer and ensure appropriate action is taken to avoid or minimize impacts on the plants during the Authorized Activity.
(C) Minimize Turbidity, Siltation, and Pollution. Permittee shall use only clean, non-erodible materials, such as rock or sandbags that do not contain soil or fine sediment, to construct any temporary stream flow bypass. Permittee shall divert stream flow around the work site in a manner that minimizes turbidity, siltation, and pollution, and does not result in erosion or scour downstream of the diversion.
(B) Seed and Mulch. Upon completion of construction operations and/or the onset of wet weather, Permittee shall stabilize exposed soil areas within the work area by applying mulch and seed. Permittee shall restore all exposed or disturbed areas and access points within the stream and riparian zone by applying local native and weed-free erosion control grass seeds. Locally native wildflower and/or shrub seeds may also be included in the seed mix. Permittee shall mulch restored areas using at least two to four inches of weed-free clean straw or similar biodegradable mulch over the seeded area. Alternately, Permittee may cover seeding with jute netting, coconut fiber blanket, or similar non-synthetic monofilament netting erosion control blanket.
(C) Erosion and Sediment Barriers. Permittee shall monitor and maintain all erosion and sediment barriers in good operating condition throughout the work period and the following rainy season, defined herein to mean October 15 through June 15. Maintenance includes, but is not limited to, removal of accumulated sediment and/or replacement of damaged sediment fencing, coir logs, coir rolls, and/or straw bale dikes. If the sediment barrier fails to retain sediment, Permittee shall employ corrective measures, and notify the department immediately.
(D) Fill Material. Fill materials placed in the stream channel shall be adequate to withstand high stream flow and shall consist of clean, non-erodible, silt-free material. All fill material shall be free from any substance or material deleterious to fish and wildlife (e.g., corrosive, combustible, noxious, or reactive materials). Permittee shall not use asphalt, rebar, or concrete as fill material.
(E) Prohibition on Use of Monofilament Netting. To minimize the risk of ensnaring and strangling wildlife, Permittee shall not use any erosion control materials that contain synthetic (e.g., plastic or nylon) monofilament netting, including photo- or bio-degradable plastic netting. Geotextiles, fiber rolls, and other erosion control measures shall be made of loose-weave mesh, such as jute, hemp, coconut (coir) fiber, or other products without welded weaves.
(G) Removal, Storage, and Disposal of Fill, Spoil Piles, and Debris. Permittee shall remove all excavated fill, spoil piles, and debris from any stream, lake, or other Waters of the State and place it in stable upland locations where it cannot discharge into such waters, or dispose of it according to state and local laws and ordinances.
(H) Cover Spoil Piles. Permittee shall have readily available erosion control materials such as wattles, natural fiber mats, or plastic sheeting, to cover and contain exposed spoil piles and exposed areas in order to prevent sediment from moving into a stream or lake. Permittee shall apply and secure these materials prior to rain events to prevent loose soils from entering a stream, lake, or other Waters of the State.
(J) No Dumping. Permittee shall not deposit, permit to pass into, or place where it can pass into a stream, lake, or other Waters of the State any material deleterious to fish and wildlife, or abandon, dispose of, or throw away within 150 feet of a stream, lake, or other Waters of the State any cans, bottles, garbage, motor vehicle or parts thereof, rubbish, litter, refuse, waste, debris, or the viscera or carcass of any dead mammal, or the carcass of any dead bird.
(M) Staging and Storage. Permittee shall not stage or store any equipment, materials, fuels, lubricants, solvents, or hazardous or toxic materials where they may enter a stream or lake, or where they have potential to enter a stream, lake, or other Waters of the State (e.g., through storm water runoff or percolation). Equipment shall be positioned over drip pans. Stationary heavy equipment shall have suitable containment to handle a catastrophic spill/leak.
(B) Hazardous Substances. Permittee shall prevent raw cement/concrete or washings thereof, asphalt, paint or other coating material, oil or other petroleum products, or any other substance that could be hazardous to aquatic life from contaminating the soil or entering a stream or lake. Permittee shall immediately remove any of these materials placed within, or where they may enter, a stream or lake or other Waters of the State.
(A) Decontamination of Work Equipment. Permittee shall inspect and decontaminate all tools, waders, boots, and other work-related equipment that will enter water prior to entering and exiting the work site and/or between each use in different waterbodies to avoid the introduction and transfer of organisms between waterbodies. Permittee shall decontaminate project gear and equipment using one of three methods: 1) drying; 2) hot water soak; or 3) freezing, as appropriate to the type of gear or equipment. For all methods, Permittee shall begin the decontamination process by thoroughly scrubbing equipment, paying close attention to small crevices such as bootlaces, seams, and net corners, with a stiff-bristled brush to remove all organisms. To decontaminate by drying, Permittee shall allow equipment to dry thoroughly (i.e., until there is a complete absence of water), preferably in the sun, and keep the equipment dry for a minimum of 48 hours. To decontaminate using a hot water soak, Permittee shall immerse equipment in 140°F or hotter water and soak, completely submerged, for a minimum of five minutes. To decontaminate by freezing, Permittee shall place equipment in a freezer 32°F or colder for a minimum of eight hours. Repeat decontamination is required only if the equipment or clothing is removed from the Project Site, used within a different waterbody, and returned to the Project Site or different waterbody.
(B) Decontamination of Larger Vehicles. Permittee shall decontaminate vehicles and other Covered Activity-related equipment too large to immerse in a hot water bath by pressure washing with hot water at a minimum temperature of 140°F at the point of contact or 155°F at the nozzle. Following the hot water wash, Permittee shall drain water and dry all vehicles and other large equipment as thoroughly as possible.
(C) Decontamination Sites. Permittee shall perform decontamination of vehicles, tools, waders and boots, and other project-related equipment in a designated location where runoff can be contained and not allowed to pass into a stream, lake, or other Waters of the State, or other sensitive habitat areas.
(A) Road Approaches. Permittee shall maintain Stream Crossings to minimize erosion and sediment delivery to the stream, lake, or other Waters of the State. Permittee shall ensure road approaches are hydrologically disconnected to the maximum extent feasible to prevent sediment from entering the crossing site, including when a Stream Crossing is being constructed or reconstructed.
(D) Concrete Washout. Permittee shall ensure that concrete washout occurs in a designated and appropriately prepared area outside the active 100-year floodplain. Permittee shall not allow wash water or debris to enter the stream or riparian area. Permittee shall inspect concrete washout facilities daily and after rain to check for leaks and damage to linings and sidewalls caused by construction activities.
(B) Water Storage and Control. Permittee shall cease all water diversion at the point of diversion when WSFs are filled to capacity. Water shall not leak, overflow, or overtop WSFs at any time. Permittee shall regularly inspect all WSFs and infrastructure used to divert water to storage and use and repair any leaks.
(D) Underground Water Diversion Infrastructure. Infrastructure installed in the streambed (e.g., cistern or spring box) shall not exceed 10 percent of the active channel width and shall not be located in the deepest portion of the channel. The depth of the intake shall be no greater than one foot below the streambed.
(F) Bypass Flow. Permittee shall ensure that Permittee's diversion facility passes sufficient flow at all times to keep fish below the facility in good condition. If at any time the diversion rate identified in subsection (e)(4)(A) cannot be maintained, Permittee shall cease diversion and all natural flow shall be allowed to bypass the point of diversion.
3. Permittee shall make available for review at the request of the department the daily diversion records required by the State Water Resources Control Board (Board) in Attachment A to the Board's Cannabis Cultivation Policy (October 17, 2017), No. 84, pages 40-41 (see Cal. Code Regs., tit. 23, § 2925).
(I) Invasive Species Management for Reservoirs. Permittee shall implement an invasive species management plan prepared by a Biologist for any existing or proposed reservoir. The plan shall include, at a minimum, an annual survey for invasive aquatic species. The Biologist, if appropriate, shall implement eradication measures if invasive aquatic species are identified as part of the survey.
(2) Water Diversion and Use Reports. For each Water Diversion, Permittee shall submit to the department a copy of each report Permittee must submit to the Board, in accordance with Sections 910-938 of Title 23 of the California Code of Regulations, on the same date Permittee submits the report to the Board while the Water Diversion is authorized under this General Agreement.
(l) Liability. Permittee shall be solely liable for any violations of the measures and requirements herein that apply to the Authorized Activity, whether committed by Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents, or contractors and subcontractors, to complete or conduct the Authorized Activity.
(A) Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents, or contractors and subcontractors, is not acting in compliance with this General Agreement. Noncompliance may include, but is not limited to, failure of Permittee to implement the Authorized Activity as prescribed in this General Agreement, or
Note: Authority cited: Section 1617, Fish and Game Code. Reference: Sections 1602 and 1617, Fish and Game Code.
1. New section filed 1-2-2018 as an emergency; operative 1-2-2018 (Register 2018, No. 1). Emergency language shall remain in effect until revised by the Department, pursuant to Fish and Game Code section 1617(f).
This database is current through 1/13/23 Register 2023, No. 2.
Cal. Admin. Code tit. 14, § 722, 14 CA ADC § 722
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