California Code of Regulations › Title 14 - Natural Resources › Division 1 - Fish and Game Commission-Department of Fish and Game › Subdivision 3 - General Regulations › Chapter 3 - Miscellaneous › Section 699.5 - Fees for Lake and Streambed Alteration Agreements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Definitions. For purposes of this section, the following definitions apply:
(1) "Activity" means any activity that by
				  itself would be subject to the notification requirement in subdivision (a) of
				  Section
				  1602 of
				  the Fish and Game Code.
(2)
				  "Agreement" means a lake or streambed alteration agreement issued by the
				  department.
(3) "Agreement for
				  routine maintenance" means an agreement that:
(A) covers only multiple routine maintenance
				  projects that the entity will complete at different time periods during the
				  term of the agreement; and
(B)
				  describes a procedure the entity shall follow to complete any maintenance
				  projects the agreement covers.
(4) "Agreement for timber harvesting" means
				  an agreement of five years or less that covers one or more projects that are
				  included in a timber harvesting plan approved by the California Department of
				  Forestry and Fire Protection.
(5)
				  "Department" means the California Department of Fish and Wildlife.
(6) "Extension" means either a renewal of an
				  agreement executed prior to January 1, 2004, or an extension of an agreement
				  executed on or after January 1, 2004.
(7) "Major amendment" means an amendment that
				  would significantly modify the scope or nature of any project covered by the
				  agreement or any measure included in the agreement to protect fish and wildlife
				  resources, or require additional environmental review pursuant to Section
				  21000 et seq. of the Public
				  Resources Code or Section
				  15000 et seq., Title 14,
				  California Code of Regulations, as determined by the department.
(8) "Master agreement" means an agreement
				  with a term of greater than five years that:
(A) covers multiple projects that are not
				  exclusively projects to extract gravel, sand, or rock; not exclusively projects
				  that are included in a timber harvesting plan approved by the California
				  Department of Forestry and Fire Protection; or not exclusively routine
				  maintenance projects that the entity will need to complete separately at
				  different time periods during the term of the agreement and for which specific
				  detailed design plans have not been prepared at the time of the original
				  notification; and
(B) describes a
				  procedure the entity shall follow for construction, maintenance, or other
				  projects the agreement covers.
(C)
				  An example of a project for which the department would issue a master agreement
				  is a large-scale development proposal comprised of multiple projects for which
				  specific, detailed design plans have not been prepared at the time of the
				  original notification. The master agreement will specify a process the
				  department and entity will follow before each project begins and may identify
				  various measures the entity will be required to incorporate as part of each
				  project in order to protect fish and wildlife resources. The process specified
				  in the master agreement may require the entity to notify the department before
				  beginning any project the agreement covers and to submit the applicable fee.
				  After the department receives the notification, it will confirm that the master
				  agreement covers the project and propose measures to protect fish and wildlife
				  resources in addition to any included in the master agreement, if such measures
				  are necessary for the specific project. By contrast, if the large-scale
				  development proposal is comprised of, for example, multiple residences, golf
				  courses, and associated infrastructure projects for which specific, detailed
				  design plans have been prepared by the time the entity notifies the department
				  and the entity is ready to begin those projects, the entity may obtain a
				  standard agreement only.
(9) "Master agreement for timber operations"
				  means an agreement with a term of greater than five years that:
(A) covers timber operations on timberland
				  that are not exclusively projects to extract gravel, sand, or rock; not
				  exclusively projects that are included in a timber harvesting plan approved by
				  the California Department of Forestry and Fire Protection; or not exclusively
				  routine maintenance projects that the entity will need to complete separately
				  at different time periods during the term of the agreement; and
(B) describes a procedure the entity shall
				  follow for construction, maintenance, or other projects the agreement covers.
				  For the purposes of this definition, "timberland" and "timber operations" have
				  the same meaning as those terms are defined in sections
				  4526
				  and
				  4527
				  of the Public Resources Code, respectively.
(10) "Minor amendment" means an amendment
				  that would not significantly modify the scope or nature of any project covered
				  by the agreement or any measure included in the agreement to protect fish and
				  wildlife resources, as determined by the department, or an amendment to
				  transfer the agreement to another entity by changing the name of the entity to
				  the name of the transferee.
(11)
				  "Project" means either of the following as determined by the department:
(A) One activity. An example of such a
				  project is one that is limited to the removal of riparian vegetation at one
				  location along the bank of a river, stream, or lake that will substantially
				  change the bank.
(B) Two or more
				  activities that are interrelated and could or will affect similar fish and
				  wildlife resources. An example of such a project is the construction of one
				  bridge across a stream that requires the removal of riparian vegetation, the
				  installation of abutments in or near the stream, and the temporary de-watering
				  of the stream using a diversion structure. Each of those three activities
				  together would constitute one project for the purpose of calculating the fee
				  under this section because they are all related to the single purpose of
				  constructing one bridge at one location. By contrast, the construction of three
				  bridges and two culverts across a stream at five different locations would not
				  constitute one project, but instead would constitute five projects, even if
				  each structure were to provide access to a common development site and/or were
				  physically connected to each other by a road.
(C) "Project" does not mean project as
				  defined in Section
				  21065
				  of the Public Resources Code or Section
				  15378 of Title 14 of the
				  California Code of Regulations.
(12) "Standard agreement" means any agreement
				  other than an agreement for gravel, rock, or sand extraction, an agreement for
				  timber harvesting, an agreement for routine maintenance, a master agreement, or
				  a master agreement for timber operations.