California Streambed Alteration Agreement

If the proponent does not approve the protections contained in the draft contract, the proponent must notify the CDFW in writing of measures it deems unacceptable within 30 days of receiving the draft contract. Cal. Fish – Game Code No. 1603 (a). For the purpose of the notification of modification for creek beds or seabeds, the term “flow” includes all multi-year, volatile and intermittent streams. Until further notice, CDFW will accept paper notifications for other types of contracts such as control extraction, gravel/sand/rock extraction, routine maintenance and wood harvesting. Within 14 days of receiving the developer`s meeting request to resolve disputes over the safeguards contained in the draft contract, CDFW must meet with the developer. Cal. Fish – Game Code No. 1603 (a). CDFW is conducting a preliminary review of the developer`s information regarding The Streambed or Lakebed changes to determine if the notification is complete.

Cal. Fish – Game Code Nr. 1602 (a) (2). If necessary, CDFW may require a visit to the project site to ensure that the message conveyed describes the project in a complete and accurate manner. If CDFW does not issue a draft contract within 60 days of receiving the developer`s notice of the modification of the creek or lake bed, the developer may proceed with the project as described in the notification, including all fish and wildlife resource protection measures. Cal. Fish – Game Code Nr. 1602 (a) (4) (D). The CDFW adopts a written conclusion agreement signed by the Agency, which contains all protected measures deemed necessary for the protection and conservation of fish and wild resources. The proponent of the project can only proceed with the project when it receives a copy of the final agreement signed by the Agency and must execute the project in accordance with the safeguards set out in the agreement. Cal.

Fish – Game Code Nr. 1602 (a) (4) (B). If the developer and the CDFW are unable to reach mutual agreement on the necessary safeguards to protect and conserve fish and wildlife resources, the developer may request in writing the appointment of an arbitration committee to end the disagreement. Within 14 days of the creation of the proceeding, the Arbitration Committee makes a decision on the safeguards to be included in the final agreement. The arbitration committee`s decision is binding on both CDFW and the developer. However, under section 1604, any party can confirm, correct or clean up the decision before the Tribunal. If CDFW finds that the proposed project does not significantly affect an existing resource for fish or wildlife, CDFW communicates its decision in writing to the developer. The project proponent can start without agreement with the project, provided that the developer executes the project as described in the notification and complies with all fish and wildlife resource protection measures. Cal. Fish – Game Code Nr. 1602 (a) (4) (A) (i). If the proponent and the CDFW agree on the protection measures for the protection and conservation of fish and wildlife resources, it is the CDFW that adopts a final agreement.