HomeMy WebLinkAboutDept. of the Interior - Bureau of Reclamation - Friant-Kern Canal Central Valley ProjectcvP-2170
20-0828
LND-08-35
lndex No. 2/Unit No.
Contract Number 1s-LC-
UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF RECLAMATION
Friant-Kern Canal, Central Valley project
TION, OPERATION
THIS LICENSE is given this d
of the Act of June 7, 1902 (32 Stat. 388) an
thereto, by THE UNITED STATES OF AM
Reclamation, Department of the lnterior, represented by the duly authorized officer
executing this License, hereinafter styled the "united states" to:
City of Fresno DpU
Water Division
2101 G Street, Building A
Fresno, CA 93706-1620
(559) 621-1622
hereinafter styled "Licensee. "
REGITALS:
The United States Bureau of Reclamation (Reclamation) acquired certain lands for the
right-of-way of the Friant-Kern Canal (FKC) in connection with the Central Valley project
(CVP), Fresno County, California; and
WHEREAS, the Friant Water Authority (FWA) as the Operating Non-Federal Entity isresponsible for the operatíon and maintenance (o&M) of the FKC; and
WHEREAS, the Licensee has requested, in writing, authorization for long-term access toReclamation ROW on the FKC to construct and O&M certain facilitíès (Facilities) atapproximate Milepost 7.58 as shown on the Vicinity Map, labeted as,,E*hibit'4,,,
attached hereto and made a part hereof; and
WHEREAS, this License, allows temporary construction ingress and egress from theLicensee's private construction easement; including long term Oa¡¡ ingress and egressfrom Auberry Road to the Facility site shall constitute Liðensee's
"c"es-r
(Access);ãnd
Contract No. I 5-LC-20-0828
LND-08-3s
12
ı
,c
^ou=z.Oç) --UOK.9
Ìl()o"ø>-vL:ı()c)
()
FACILITIES
Page I ofll
WHEREAS, said Licensed Facilities shall consist of an antenna, a building, and a portion
of access road, as labeled as "Exhibit 8," attached hereto and made a part hereof. All
Facilities will be accessed from Auberry Road on Reclamation ROW; and
WHEREAS, the "Contracting Officer" shall mean Reclamation's duly authorized
representative acting pursuant to this Contract or applicable Federal Reclamation law or
regulation;
THEREFORE, Reclamation has determined that the installation, operation and
maintenance of the Facilities is not, at this time, incompatible with the purpose for which
the land was obtained.
1. Subject to the following terms and conditions, the United States issues to the
Licensee, without warranty of title, a non-exclusive License for Access on, over and
across Reclamation ROW, including access from Auberry Road along Reclamation ROW
and to the Facility site, for the purpose of construction, and/or ongoing operation and
maintenance, for that portion of certain lands acquired by the United States for the Friant
Division described as follows:
Said lands located in Section 4, of Township 12 South, Range 21 East,
M.D.B.M., in Fresno County, California, being a portion of the FKC right-of-way at
approximate Milepost 7.58 as shown on "Exhibit A".
2. The land use fees for the License granted herein are waived in accordance with
43 CFR 429.26(a)(3). ln accordance with 43 CFR 429.17, the Licensee shall be
responsible for all administrative fees incurred by Reclamation in processing, issuing, and
monitoring this License. After this License is issued, periodic fíeld reviews will be
conducted to monitor the use to ensure it is in compliance with the provisions herein.
3. This permission given herein will neither constitute nor be construed as any
surrender of the jurisdiction and supervision by the United States over the lands described
herein.
4. This License is granted subject to the existing rights in favor of the public or third
parties for highways, roads, railroads, telegraph, telephone and electrical transmission
lines, canals, laterals, ditches, flumes, siphons, and pipelines on, over, and across said
land.
5. This License is personal, revocable, and nontransferable and will become effective
on the date hereinabove first written and, unless othenruise sooner terminated, will
continue for twenty-five (25) years, and will be revocable upon thirty (30) days written
notice to Licensee in accordance with the provisions of Article 6. Upon such revocation
or termination, the aforesaid Facilities and all accessories will be removed without delay
at the expense of Licensee pursuant to Article 22. Licensee will leave the site(s) in a
condition satisfactory to Reclamation and the FWA.
6. This License may be revoked by Reclamation upon thirty (30) days written notice
Contract No. I 5-LC-20-0828
LND-08-35
Page 2 of l1
to Licensee if:(a) Licensee's use of the land interferes with existing or proposed facilities; or(b) The land contained in the License is needed for any United States
purpose; or(c) The United States disposed of its interest in the land contained in this
License; or(d) Licensee fails to comply with any other terms or conditions of this License
and, upon notification of the violation, Licensee fails to adequately cure the
violation in a timely manner. Reclamation will have the final determination
regarding the adequacy of the cure.
7. Licensee will not:
(a) Store any hazardous material on the FKC right-of-way.(b) Leave waste and debris on the FKC right-of-way.
8. Any activity deemed to be illegal on Federal lands will be cause for immediate
termination of this License.
9. All improvements and construction will be in compliance with plans and
specifications received by Reclamation and FWA, titled "Raw Water Pipeline" sheet
number 27,35,43 and 44, prepared by Provost and Pritchard and AECOM, dated
September 23,2015 signed and stamped by Matthew W. Kemp, Registered Professional
Engineer, No.66088, Exp.09-06-16; and "Raw Water Pipeline" sheet number 51,
prepared byAECOM, dated September23,2015 signed and stamped by HenryW. Liang,
Registered Professional Engineer, No. C68442, Exp.09-30-15; and "RawWater Pipeline"
sheet number 55-56, prepared by AECOM, dated September 23, 2015 signed and
stamped by Allen J. Randall, Registered Professional Engineer, No. E9206, Exp. 09-30-
16; and "Raw Water Pipeline" sheet number 58-62, prepared by AECOM, dated
September 23, 2015 signed and stamped by Maris Jackson, Registered Professional
Engineer, No. C92913, Exp. 12-03-16, which are labeled as "Exhibit D" and made a part
hereof, and have been reviewed by Reclamation and FWA. A set of final plans will be
submitted by Licensee and a written acceptance from Reclamation must be obtained by
Licensee prior to any on-site activity. Any changes to project requirements in subsequent
addendums, modifications, change orders, or items agreed to in construction meeting(s)
which have the potentialto adversely affect Reclamation facilities will be submitted to and
accepted by Reclamation and FWA, and upon acceptance are hereby included and madea part hereof. Copies of all chanqes to project requirements will be provided to
Reclamation and FWA within five (5) days of their issuance.
10. Within sixty (60) days of the completion of the construction activities licensed
herein, Licensee will provide two (2) reproducible "as built" drawing sets to Reclamation.
11. Construction and O&M wíll be conducted in accordance with all applicable Federal,
State of California, and local safety and environmental regulations and to the satisfaction
of the General Manager, FWA, and the Area Manager, South-Central California Area
Office, Bureau of Reclamation. Licensee will notify Reclamation's Operations Division at
Contract No. I 5-LC-20-0828
LND-08-35
Page3ofll
(559) 487-5116 and the Staff Engineer at FWA, at (559) 562-6305, a minimum of seventy-
[wo (72) hours prior to initiating any ground disturbance and/or other activities on United
States' lands or facilities outside of those detailed in this License. Other activities on
United States' lands or facilities not covered in this License will require wrítten approval
by Reclamation prior to initiating that activity.
12. Licensee and its contractors shall comply with requirements of the latest edition
(currently the 2014 edition) of the Reclamation Safety and Health Standards handbook
while conducting any activity on Reclamation land or facilities. A copy can be downloaded
from Reclamation's public web site at:
tml
13. Licensee will comply with all applicable water, ground, and air pollution laws and
regulations of the United States, the State of California and local authorities. ln addition,
Licensee will comply with the following hazardous materials restrictions:
(a) Lícensee may not allow contamination or pollution of Federal lands, waters or
facilities and for which Licensee has the responsibility for care, operation, and
maintenance by its employees or agents and shall take reasonable precautions to
prevent such contamination or pollution by third parties. Substances causing
contamination or pollution shall include but are not limited to: hazardous materials,
thermal pollution, refuse, garbage, sewage effluent, industrial waste, petroleum
products, mine tailings, mineral salts, misused pesticides, pesticide containers, or
any other pollutants.
(b) Licensee shall comply with all applicable Federal, State, and local laws and
regulations, and Reclamation policies and directives and standards, existing or
hereafter enacted or promulgated, concerning any hazardous material that will be
used, produced, transported, stored, or disposed of on or in Federal lands, waters
or facilities.
(c) "Hazardous material" means any substance, pollutant, or contaminant listed as
hazardous under the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980, as amended,42 U.S.C. S 9601, et seq., and the
regulations promulgated pursuant to that Act.
(d) Upon discovery of any event which may or does result in contamination or pollution
of Federal lands, waters or facilities, Licensee shall initiate any necessary
emergency measures to protect health, safety and the environment and shall
report such discovery and full details of the actions taken to the Contracting Officer.
Reporting may be within a reasonable time period. A reasonable time period
means within twenty-four Q\ hours of the time of discovery if it is an emergency
or by the first working day if it is a non-emergency. An emergency is any situation
that requires immediate action to reduce or avoid endangering public health and
safety or the environment.
Contract No. I 5-LC-20-0828
LND-08-35
Page4ofll
(e) Violation of any of the provisions of this Article, as determined by the Contracting
Officer, may constitute grounds for termination of this License. Such violations
require immediate corrective action by the Licensee and shall make Licensee liable
for the cost of full and complete remediatíon and/or restoration of any Federal
resources or facilities that are adversely affected as a result of the violation.
(f) Licensee agrees to include the provisions contained in paragraphs (a) through (e)
of this Article in any subcontract or third-pafty contract it may enter into pursuant
to this License.
(g) Reclamation agrees to provide information necessary for Licensee, using
reasonable diligence, to comply with the provisions of this Article.
14. Access to the FKC by Licensee and their contractor(s) is restricted to the
immediate vicinity of that portion of the FKC described in Article 1, above.
15. Licensee will ensure access for Reclamation and FWA O&M needs during the
times of construction and coordinate any closings of access with Reclamation's existing
authorized users.
16. Reclamation reserves the right for their officers, employees, contractors and
representatives, and assigns, to have ingress to and egress from said premises for the
purpose of exercising, enforcing, and protecting the rights of Reclamation in and on the
premises. Licensee will provide Reclamation and FWA personnel safe ingress and
egress to the FKC.
17 . Licensee must contact the Underground Service Alert (telephone: (800) 227-2600)
at least two (2) working days prior to any excavation work to identify any buried utilities
within the proposed excavation area.
18. Licensee hereby agrees to indemnify and hold harmless the United States, FWA,
their employees, agents, and assigns from any loss of damage and from any liability on
account of personal injury, property damage, or claims from personal injury or death
arísing out of the Licensee's activities under this License.
19. Damage to Reclamation property, including but not limited to the FKC, service
roads, access roads, culvert crossings, siphon barrels, farm bridges, fence gates and
posts resulting from Licensee's activities under this License will be corrected promptly at
Licensee's expense to the satisfaction of Reclamation and FWA.
20. Licensee, and/or its contractor for the duration of contractors' activities, will
maintain in force policies of liability insurance providing limits of not less than $1,000,000
for each person and $2,000,000 for each occurrence for bodily injury or death, and not
less than $1,000,000 for property damage.
Said policies will name the United States and FWA as additional insureds (with the ISO
CG 2010 endorsement form or equivalent) and will provide that they will not be canceled
Contract No. 1 5-LC-20-0828
LND-08-35
Page5ofll
Said policies will name the United States and FWA as additional insureds (with the ISO
CG 2010 endorsement form or equivalent) and will provide that they will not be
canceled or reduced in coverage without ten (10) days prior written notice to
Reclamation and FWA. Prior to commencement of said construction, Licensee will
cause to be delivered to Reclamation and FWA a copy of the certificate of insurance
reflecting all essential coverage. The endorsement will reference Contract No. 1s-LC-
20-0828 in the description portion of the endorsement form.
21. TERMINATION. This License will terminate and all rights of Licensee hereunder
will cease, and Licensee will quietly deliver to the United States possession of the
premises in like condition as when taken, reasonable wear and damage by the
elements excepted:
(a) At the expiration of the term as provided by Article 5; or
(b) On first date written above, of any year, upon written notice to Licensee,
served ten (10) days in advance thereof; or
(c) After failure of Licensee to observe any of the conditions of this License, and
on the tenth (1Otn) day following service of written notice on the Licensee of termination
because of failure to observe such condition.
The notices provided by this Arlicle will be served by certified mail addressed to
the respective post office addresses given in Arlicle 29 and the mailing of any
such notice properly enclosed, addressed, stamped, and certified, will be
considered service. lf this License is terminated under AÉicle 13(e), the United
States reserves the right to bar Licensee from the authorization to use acquired
or withdrawn public land on the CVP, FKC, for a period of time as determined by
the Area Manager.
22. REMOVAL OF FACILITIES. Upon the expiration, termination, or revocation of
this License, if all administrative charges and damage claims due Reclamation have
been paid, Licensee shall remove all Facilities, structures, equipment, or other
improvements made by it from the premises at no cost to the United States. Upon
failure to remove any such improvements within sixty (60) days of expiration,
termination, or revocation, any remaining improvements shall, at the option of the
United States, be removed or become the property of the United States. Licensee shall
pay all expenses of the United States, or its assigns, related to removal of such
improvements.
23. ENVIRONMENTAL COMMITMENTS. An Environmental Assessment (EA-07-
124) has been prepared for this Project. Environmental commitments have been
identified and are listed in the Environmental Commitments Table, labeled as "Exhibit
C" made a part hereof. The Licensee shall comply with all environmental commitments
as specified therein. All questions or comments about the ECT should be directed to
Reclamation's Supervisory Natu ral Resou rce Specialist (559) 487 -51 1 6.
Contract No. 1 5-LC-20-0828
LND-08-35
Page6ofll
Licensee shall forward a written report of its findings to Reclamation's authorized official
within forty-eight (48) hours. Objects under consideration include, but are not limited to,
historic or prehistoric ruins, human remains, or artifacts discovered as the result of
activities under this License. Licensee shall cease activity, stabilize, and protect such
discoveries until authorized to proceed by Reclamation's contracting official. Protective
and mitigative measures specified by Reclamation's authorized official shall be the
responsibility of Licensee.
25. DISCOVERY OF HUMAN REMAINS. Licensee shall immediately provide an oral
notification to Reclamation's authorized official of the discovery of human remains on
Reclamation land. Licensee shallforward a written report of its findings to Reclamation's
authorized official within forty-eight (48) hours by certified mail. Licensee shall cease
activity, stabilize, and protect such discoveries until authorized to proceed by the Regional
Archaeologist for Reclamation (916-978-5041). Protective and mitigative measures
specified by the RegionalArchaeologist shall be the responsibility of Licensee.
26. SEVERABILITY. Each provision of this License shall be interpreted in such a
manner as to be valid under applicable law, but if any provision of this License shall be
deemed or determined by competent authority to be invalid or prohibited hereunder, such
provision shall be ineffective and void only to the extent of such invalidity or prohibition,
but shall not be deemed ineffective or invalid as to the remainder of such provision or any
other remainíng provisions, or of this License as a whole.
27. No member of or delegate to Congress or the Resident Commissioner will be
admitted to any share or part of this License or to any benefit to arise therefrom, but this
restriction will not be construed to extend to this License if made with a corporation or
company for its general benefit.
28. Licensee warrants that no person or agency has been employed or retained to
solicit or secure this License upon an agreement or understanding for a commission,
percentage, brokerage, or contingent fee except bona fide employees and bona fide
commercial agencies maintained by Licensee for the purpose of securing business. For
breach or violation of this warranty, Reclamation will have the right to revoke this License
without liability or, in its discretion, to require Licensee to pay the full amount of such
commission, percentage, brokerage, or contingency fee to the United States.
29. NOTTCES.
(a) Any notice, demand, or request required or authorized by this License to be
given or made to or upon the United States shall be deemed properly given or made if
delivered or mailed postage-prepaid to the Area Manager, South-Central California Area
Office, 1243'N" Street, Fresno, CA93721-1813.
(b) Any notice, demand, or request required or authorized by this License to be
given or made to or upon the Licensee shall be deemed properly given or made if
delivered or mailed postage-prepaid to the City of Fresno DPU, Water Division, 2101 G
Street, Building A, Fresno, CA 93706-1620, telephone (559) 621-1622.
Contract No. 1 5-LC-20-0828
LND-08-35
PageTofll
(c) Any notice, demand, or request required or authorized by this License to be
given or made to or upon the Licensee shall be deemed properly given or made if
delivered or mailed postage-prepaid to the Friant Water Authority, 854 North Harvard
Avenue, Lindsay, California 93247 .
(d) The designation of the person to or upon whom any notice, demand, or
request is to be given or made, or the address of such person, may be changed at any
time by notice given in the same manner as provided in this Article for other notices.
lN WITNESS WHEREOF this License is given as of the date of execution first written
above.
UNITED STATES OF AMERICA ACCEPTED:
Licensee, and its authorized representatíve,
by signature below, agree to the terms and
conditions above.
South-Central California Area Office
Bureau of Reclamation
NOTED:
WONNE SPENCE CMC
City Clerk
By: fll-rrltr,
Ntl ."co VÌ.rrr^., -vcle.S?"ca DATE
Contract No. 1 5-LC-20-0828
LND-08-35
Deputy Area Manager City of Fresno
Friant Water
APPROVED AS TO FORM
DOUGLAS T. SLOAN
Deputy City Attorney
PageSofll
.'H(HIBIT A''
CITY OF FRESNO
CINITY MAP
Contract No. I 5-LC-20-0828
LND-O8-35
Page9of11
C TY OF FRESNO
n = LICENSED oNstl
FRESNO NTY
MTLEPOST 7.58 LND-08-35
t-lt<t
t3tt-t
td.tlr¡rltvt
iÉllsltÉ.t
Ël
CONSTRUCT
@MTROL EUTLDING
IL50' t4A5TA NNA
NOTE: LICENSEE'S PERMANENT O&M ACCESS ENTRY POINT IS AUBERRY ROAD
APPROX 2 MILES FROM PRO]ECT SITE
Contract No. 15-LC-20-0828 Page l0 of I I
LND-08-35
"EXHIBIT C"
Environmental Commitment Program
P¡ewnts¡lt, eroded materials, ænstruc1¡on debris, concrete or
wash¡ngs lhereof, or hærdous substanc6 frcm be¡ng introduæd
into anywater@uFe, strean, orslom dˡn s!6tem;
Ensure thd Mterdoes notoause eros¡on ofso¡l;
Prch¡bitthe stockpil¡ng ofso¡l (¡nolud¡ng drilled outtings), slorage of
hærdous materiâls, and stockpil¡ng of construdion mater¡als in
f¡ood ænes during the E¡nyseason, typ¡€lly between October 15
and April 15, Any l¡n¡ted stockp¡l¡ngthatmayneed to occurduring
that period wou¡d be done oots¡de offlood zonesi
Prcvide'housekeeplng"measuEto minimkethe potent¡alfor
øntm¡nat¡on of soil orgÞundwaterthÞugh leaks orinadvertont
r€leâsc of haãrdous materiâLs from conslruction equipment or
storage aEas;
Prcv¡de @nlmls to prevent dGcharge ofsed¡mentfrom all stookp¡led
so¡l ând
EnsuÊ that the d¡scharge of soil or other material do6 not
have an adveEe effec{on reæjving wateE orcause or
@ntribûte to a v¡olation ofwater qualitystandards
The Sì /PPPwill ident¡fy:. Potenüal pollutentsour@. ¡nclud¡nq sourcs of sed¡ment
(such es arcås ofsoil e4osêd by gEd¡ng actÌvities and so¡l/sed¡ment
stookp¡læ); and
. Anystomwaterdischarges, including springs or other groundwater
d¡schargs.
. Tho SWPPPw¡ll also ident¡fysite-spec¡f¡c erosion ancl
sedimentat¡on æntrol BMPsthat w¡ll be used to protectwatêNa)6
and topsoil tum stomwaterrunoffas well ás the placementand
maintenancêofthose BMPS. Thê BMPS will ¡nclude measures
such as the follow¡ng:
. MeasuEforcontrcll¡ng eros¡on and sed¡mentat¡on,such æ
grcund ooveß, rewlmentsfstems, or b¡oengìneqing
stab¡l¡zation (e,9., l¡w staking orwgetated geogr¡ds)i
. Prcoeduresfo¡ handl¡ng and dirposing of hazadous maloria¡s (e.g ,
tuel and lubri€nts) and @nstruct¡on wastei. Measufs for mst-@nstruct¡onercs¡on and Sed¡mÊntcontrcl: and
. Methods lo eliminate or redúoe non-slomwâter
During
Construct¡on
"EXHTBIT C"
Environmental Commitment Program
ProDonent Ver¡fìcation of Comol¡ance Rtrl t¡âriñ.|lûE
lnitials Date Cr¡r€ídlñ¡ent
kn¡*rmentatþn lhe
Fmat vemtcaüon
Dat€lniüals
ând cleanup@mplete,
Segregatê topso¡l where appropriate
Avoid lnteruptionlo ul¡liü6 and supply ¡nterim needs ¡fjnterupt¡on
0ccuG.
Constructin dayl¡ght hours, unless unusual c¡rcumstances oæui
lmmediately cleanup afr €r backfill.
Begin rèwgetat¡on atthe fÉt seæonal opportun¡ty
c¡ean up trash and debds daily.
Use stove p¡pe or dEg-section construction lechniqu6 where feas¡ble
and appropriate,
Nolify ltrdowneE priorlo start ofconstruc{jon adjaæntto a r$idence.
l\4åinta¡n tÉfi¡c flow and emeqenoy wh¡cle accss on rs¡dent¡al
Dadways w¡th t¡alic deta¡l peFonnel or detou r s¡g re wh ere ne6s ary
Backfil¡ and restore res¡dent¡al areas as soon ås p6sible, and fenæ of
orplatô sêct¡ons oftrench leÍt open althe end of the construct¡on day.
Periodiælly¡nspectrcad surfacG nearresidenoes and, lneHsary,
clean strcêtsurfacæ and wet eposed soil
Limit øßtruct¡on to weekdays
B¡ologicl R.sources The FCR who would be respons¡ble for oveEeeing @mpl¡ance with
prclective requ¡rements for list€d speciæ,
During
Construct¡on
Novemþer/December
2016
Ongo¡ng
Biologi6l Rôsources Certa¡ntempoEryslag¡ng and ac6s areas nearthe eastend of
the Proposed Act¡on, as we¡l as a short secl¡on nearthe wstem
end oflhe PoposedAction, were added to the Prcjectaf,erplant
suryeys ¡n the PrcposedAdionArea weE @nduoted in 20í0.
Plantsuryeys w¡ll be conducled ¡n thse addit¡onalareas in the
spr¡ng of 201 I prior to oonstruct¡on, during the lowering periods for
spec¡al€tatus plantspeciæ that æuld oæurln the Proposed
ActionArea. The r6ult€ of thæesurueys w¡ll be reported to
USFWS and CDFG
Exisling rcutæto añd tmthe ønstruct¡on end ¡nspect¡on sits would
be ßed Cfo$-countryuse ofveh¡cles and equipmentwould be
slrictly prchibited
The City would d6¡gnate a feld @nlact rêpEentat¡vê (FCR) who
would be Epons¡ble for oveFee¡ng conpl¡ance w¡th protecl¡ve
requ¡rements forlisted sp6c¡6 The FCR wouid be on site during
Prcje.t ad¡vit¡s The FCR would have aulhority to hait all âctivit¡æ
thet âÉ ¡n violá¡on ofthe reouißñenb The FCR woúld hâw e mov
NOVemDer/uecemoer
2016
Ongo¡ng
"EXHIBIT C"
Environmental Commitment Program
ProDonent Verifi cation of Comþl¡ancè Rêdamâûloû Vefffitdon of €oflrpüânìce
lnit¡als Date
- CoF!fiftñerit -
kndcm€rlbtior¡ Daûe
lrèrlücd¡o6
latêrval lnitials
wou¡d 60F drstuÉed areas ¡n a mannef that w9uld ass¡d
¡n l¡e æestablishnentofbiolog¡cal valus w¡th¡n the
d¡sturbed right-of-way. Methods ofsuch ÉstoBtion would
¡ncludethe reduct¡on oferos¡on, sequestering and then
rspreading ofthe top 6 ¡nchs ofso¡l
lf imperyious mâterial ¡s d¡stufùed during ¡nstallat¡on ofthe pipe¡ine
such th¡t flowto the vemal pools south of the Prcposed ActionAree
could be altered, the city would replace âny¡mpery¡ous material
d¡stufþed with engineered backf¡¡l orprcvide altemat¡vê measur€s ¡n
ord€rto prcvidê the surf¿æ dÉ¡nage necssary to ma¡nta¡n pre-
Prcjectfows to those pools.
lmpaots to habitat for listed vema¡ pool branch¡opods, Califom¡a t¡ger
salamender, or any speeial-stetus plant populat¡ons associãted with
seasonâl wetlânds w¡ll be mitigâtêd bythe purchase of equiva¡ênt
habitat creditÊ at ãn aæredited mitjgatjon bank Crêdits arê available
at an exjst¡ng þank
conoud pre-cons¡rucfonsuryeys tof Dumwng ow (Ëurowrng awl
Consort¡um 1993), ¿nd San Joaqu¡n kit fox E¡therconducì vegetation
remo%l between Sêptemberl and February28 orconduct pre-
ænstruolionsuryeysfor bFed¡ng birds. lfany ofthese speci6 are
found, ¡mplementstandard mesuEsto awid impacts or reducelhem
to a l6slhaßs¡gn¡f@dbrel Burcwing ovl suNeys, whioh oonsistof
foursite vis¡ts (both dewn and dusksutuê!6 each day) should be
ænducted priortothe breed¡ng_season so that one- way owl erc¡usion
dev¡cÉ oan be installed on ocoup¡ed burrows b€fore eggs oryoung
arc present
N6te of breeding bids prctected by the M¡gratory B¡rd TrealyAct
must be prctested from disturbance unt¡lthe eggs hatch and the
nætl¡ngs fledge.
Sureys for bregding swa¡nson's hawksw¡¡l þe conducted in the eariy
spring søord¡ñg to CDFG'S ßcommended proto@l (CDFG 2000). lf
ân âclive Swa¡nson's hawk næt ¡sfound w¡thin one halfm¡le ofthe
area to be affecled by construd¡on ãct¡vitiæ, a quaiifed b¡olog¡stw¡ll
detem¡ne the efent of a @nstruction-free bufferæneto be
stabl¡shed around thê nest ¡n consult€t¡onwith CDFG. Intens¡ve new
d¡sturbanG (e 9., heavy equipmentadlvit¡€ assoc¡ated with
ænstrucl¡on) that nay caus€ n€sl abandonmenl or foßed fledging will
not be initiated with¡n lh¡s buffetæne between March I end
SeDlemberl5 untilit ¡s detem¡nêd bv a qual¡ñed b¡oloq¡l¡n
Pr¡or to and during
construct¡on
November/December
20].6
Ongoing
"EXHIBIT C"
Environmental Com m itment Program
€@Fiary of Ë¡l,ir¡!¡ùrFcs*ât
Proponent Ver¡fi cation of Compliance Reclarfiat¡on l¿eüfficat¡on oecofût{leflc€
lnitials Date telflflc¡tooñ
krterval
tlnat venllciltrdt
Dde lnit¡ab Date of
Vedfication
must be prctec{ed from dFtufbsnce unt¡llhe €ggs hatch and the
n6tlings fledge
Sureys for bÊeding SM¡nson's hawks will be conducted in the early
spring acoord¡ng to CDFG'S Ecommendèd prcto@l (CDFG 2000), lf
en a61¡ve Sua¡nson's hewk nel ¡s found with¡n one half m¡le ofthe
area to be affe.ted by construction act¡vit¡æ, a qualif¡ed b¡olog¡stw¡ll
delem¡nelhe eiênl ofâ construc-t¡on-frée bufferzoneto be
ætabl¡shed aroundlhe nest ¡n @nsultat¡on with oDFG, lntensive new
d¡sturbanH (e,9., heaw equ¡pment ad¡vities assoclated with
construd¡on) thãt may øusê nest abandonment orforoed fedging will
not be ¡nitiated w¡th¡n th¡s bufferzonê between March I and
Seplemberl5 untll it ¡s detem¡ned by a qualìfed biolog¡st in
@ord¡nsl¡onwith CDFGthâtthe young hawfledged and arefeeding
ôn lheirown
lf during the @uEe of construdion adivit¡æ cultura¡ resouræs are
d¡scowred, work shall be halted ¡mmediãtelywith¡n 50 feet ofthe
d¡s@wry, the City of Fresno Developnentand R6ouroe
MânagementDepaftmentshall be notifìed, and a prof65¡onal
archaeologilth€t meels the Secretary ofthe lnterior's Prcfessional
Qual¡f€t¡ons Standards ¡n prêhistoric or h¡storioal archaeolog y sh all
be reta¡nsdto deteminethe s¡gnifi€noe of the d¡scovery The City
shall addressthe d¡scovery by ¡mplement¡ng a measuresuoh as
avo¡danæ, prseMt¡on in plaæ, exca@t¡on, documentatioô,
cuÉtion, or data rcoovery. Thc prcfession¡l æhâeologil ¿¡d the City
sbãIl âÌso coodi@ rith Bù I@ of Recl¡etiotr Cì¡lt¡r¿l Rmms sÞ.ff so
tld RælMion ø frìlfiI uy additioo¡l coNulbuon rçquiEffi
pl¡ls@t þ 36 CFRPd800 r3Q)
Dur¡nt
construction
NOVemDer/uecemDer
2076
Ongoing
A¡rQuality The Citywill prepare a Dustcontro¡ Plan in acoofüancewiththe
SJVAPcD's requ¡remqts
Fugit¡ve dustwould be pÉwnted durjng oonstrucl¡on ofthê
p¡pel¡ne primaily by ¡mplemeñilng dust @ntrol measures such
as (l ) sprâying lhe grcu nd s urface with water twice â clây or as
needed depend¡ng on trench¡ng lo€tions and meteorolog¡€l
oonditions, ãnd (2) hauling ãway exæss so¡l from trench¡ng for
pipe ¡nstallalion These meæureswould reduæ a¡rquality
¡mpâds to l6sthan slqnifi€nt
Substan6 ænla¡nlng objecì¡onable odoF would not be ut¡l¡zed
dudnq æntuct¡on of the PrcDosed Prc¡eot orNonhemAlhnm€
Dur¡ng
construct¡on
November/December
2016
Ongo¡ng
"EXHIBIT C"
Environmental Commitment Program
sequeshation
. R¡de-shafing wh6n tÉnsporting work crews to and frcm the
@nstruction site sha¡l be ênaouEged
. ldl¡no time of all reh¡ds âncl equipment shall be limited