information handout five mile creek road storm damage
TRANSCRIPT
INFORMATION HANDOUT
Five Mile Creek Road Storm Damage Repair Project
Contract No. 1723-4
PLACS
PLAC Summary
AGREEMENTS
California Department of Fish and Wildlife
Lake of Streambed Alteration No. 1600-2020-0149-R4
Five Mile Creek Road Storm Damage Repair Project
Contract No. 1723-4
PLACS
PLAC Summary
Five Mile Creek Road Storm Damage Repair Project
Contract No. 1723-4
PLAC CONDITION RESPONSIBILTY (PCR) SUMMARY
Table 1 – Clarification of PLAC Requirements
PLAC Name Section of the PLAC PLAC Requirement
All PLACs Applicable PLAC Sections
Submittals:
Submit to the Engineer when PLAC
conditions require:
1. Communications. The Engineer will
contact the agencies.
2. Records to be maintained, within 5
working days after the activity.
3. Submittals 5 days before the agencies
require them. The Engineer will
review and submit to the agencies.
General:
This PCR Summary clarifies the various PLAC requirements. Perform all work described in the PLACs on behalf of the County
unless otherwise stated below in Table 2. If a discrepancy exists between the PCR Summary and the PLAC, the PCR Summary
governs.
Definitions:
Agency: A board, agency, or other entity that issues a PLAC
Activity: A task, event or other project element
PLAC Condition: A work activity and/or submittal required by a PLAC
Table 2 – Work to be performed by the County
PLAC Name Section of the PLAC PLAC Requirement
California Department of Fish and
Wildlife - Lake of Streambed Alteration
No. 1600-2020-0149-R4
None None
Five Mile Creek Road Storm Damage Repair Project
Contract No. 1723-4
AGREEMENTS
California Department of Fish and Wildlife
Lake of Streambed Alteration No. 1600-2020-0149-R4
State of California – Natural Resources Agency GAVIN NEWSOM, Governor
DEPARTMENT OF FISH AND WILDLIFE CHARLTON H. BONHAM, Director
Central Region 1234 East Shaw Avenue Fresno, California 93710 (559) 243-4593 www.wildlife.ca.gov
Conserving California’s Wildlife Since 1870
July 3, 2020 Blossom Scott-Heim, P.E. County of Tuolumne Department of Public Works 2 South Green Street Sonora, California 95370 [email protected] Subject: Complete Notification of Lake or Streambed Alteration
Notification No. 1600-2020-0149-R4 2018 Storm Repairs Five Mile Creek Road – Tuolumne County
Dear Ms. Scott-Heim:
On June 2, 2020, the California Department of Fish and Wildlife (Department) received your Notification of Lake or Streambed Alteration (Notification). The Department was required to make a completeness determination by July 2, 2020. The Department did not meet that date; therefore, as of July 3, 2020, your Notification is complete by operation of law.
The Department will submit a draft Lake or Streambed Alteration Agreement (Agreement) to you within 60 calendar days from the date the Notification became complete, if the Department determines that an Agreement is required for the project. An Agreement will be required if the Department determines that your project could substantially adversely affect an existing fish or wildlife resource. Therefore, the Department has until August 31, 2020, to issue you a draft Agreement or inform you that an Agreement is not required.
Please be advised that you may not proceed with any work until the Department executes an Agreement, informs you that an Agreement is not needed, or does not provide you with a draft Agreement within 60 days of the date your Notification was complete by operation of law.
If you have any questions regarding this matter, please contact the Lake and Streambed Alteration Office at (559) 243-4593 or [email protected]. Sincerely, Linda Connolly Senior Environmental Scientist Supervisor
DocuSign Envelope ID: FC56FB87-6284-4FDB-84F7-B497060779C6
State of California – Natural Resources Agency GAVIN NEWSOM, Governor
DEPARTMENT OF FISH AND WILDLIFE CHARLTON H. BONHAM, Director
Central Region 1234 East Shaw Avenue Fresno, California 93710 (559) 243-4593 www.wildlife.ca.gov
Conserving California’s Wildlife Since 1870
October 30, 2020 Kim MacFarlane, P.E. County of Tuolumne Department of Public Works 2 South Green Street Sonora, California 95370 [email protected] Subject: Notification of Lake or Streambed Alteration No. 1600-2020-0149-R4 2018 Storm Repairs – Five Mile Creek Road Five Mile Creek – Tuolumne County Dear Ms. MacFarlane:
The California Department of Fish and Wildlife (Department) received your Notification of Lake or Streambed Alteration (Notification) on June 2, 2020 and the Notification became complete by operation of law on July 3, 2020. The Department had until September 1, 2020 to submit a draft Lake or Streambed Alteration Agreement (Agreement) to you or inform you that an Agreement is not required. The Department did not meet that date. As a result, by law you may complete the project described in your Notification without an Agreement.
Please note that pursuant to Fish and Game Code section 1602(a)(4)(D), if you proceed with this project, it must be the same as described and conducted in the same manner as specified in the Notification and any modifications to that Notification received by the Department in writing prior to September 1, 2020. This includes completing the project within the proposed term and seasonal work period and implementing all avoidance and mitigation measures to protect fish and wildlife resources specified in the Notification and all attachments to the Notification. If the term proposed in your Notification will expire, authorization by operation of law without an Agreement will no longer be possible, because an operation of law authorization may not be extended. Please contact the Department as soon as possible if you will not be able to implement your project as described in the Notification, including the project term. Beginning or completing a project that differs in any way from the one described in the Notification may constitute a violation of Fish and Game Code section 1602. Also note that while you are entitled to complete the project without an Agreement, you are still responsible for complying with other applicable local, State, and federal laws. These include, but are not limited to, Fish and Game Code sections 2080 et seq. (species listed as threatened or endangered, or a candidate for listing under the California Endangered Species Act); section 1908 (rare native plants); sections 3511, 4700, 5050, and 5515 (fully protected species); section 3503 (bird nests and eggs);
DocuSign Envelope ID: E6E70212-63D4-4543-87EB-7705997FB604
Kim MacFarlane, P.E. Notification No. 1600-2020-0149-R4 October 30, 2020 Page 2 of 2
section 3503.5 (birds of prey); section 5650 (water pollution); section 5652 (refuse disposal into water); section 5901 (fish passage); section 5937 (sufficient water for fish); and section 5948 (obstruction of stream). Finally, if you decide to proceed with your project without an Agreement, you must have a copy of this letter and your Notification with all attachments available at all times at the work site. If you have any questions regarding this matter, you may contact the CDFW Central Region Lake and Streambed Alteration Program, at (559) 243-4593 or [email protected].
Sincerely, Julie A. Vance Regional Manager ec: Blossom Scott-Heim, County of Tuolumne Department of Public Works
DocuSign Envelope ID: E6E70212-63D4-4543-87EB-7705997FB604
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