Agmt16 City of Menlo Park (2) - Laserfiche WebLink

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aA 9l.-oz-6o :nos C Notfication #1600-2013-0355-R3 Streambed Alteration Agreement Page 4 of 23 1 .6 Authorized Routine Maintenance Activities. Only those activities specifically described in the Project Description shall be conducted under this Agreement. 1 .7 Exceptions to Authorized Activities, Permittee shall submit separate written notification (Forms FG 2023 and FG 2024) pursuant to Section 1602 of the FGC, together with the required fee prescribed in the CDFW Streambed Alteration Agreement fee schedule, and otherwise follow the normal notification process prior to the commencement of work activities in all cases where one or more of the following conditions apply: z The proposed work does not meet the criteria established for routine maintenance activities in the Project Description of this Agreement; a The nature of the proposed work is substantially modified from the work described in the Project Description of this Agreement; a CDFW advises Permittee that conditions affecting fish and wildlife resources have substantially changed at a specified work site or that such resources would be adversely affected by the proposed maintenance activity; and/or © The proposed work would adversely impact a State of California (State) Species of Special Concern or State or federally listed rare, threatened, endangered or candidate species or its habitat. 1 .8 Traversing Another Property. To the extent that any provisions of this Agreement provide for activities that require Permittee to traverse another owner's property, such provisions are agreed to with the understanding that Permittee possesses the legal right to so traverse. in the absence of such right, any such provision is void. 1 .9 Unauthorized Take. This Agreement does not authorize the takes including incidental take, of any State or federally listed threatened or endangered listed species, or of species that are otherwise protected under FGC. Permittee may be required, as prescribed in the California and U.S. Endangered Species Acts, to obtain take coverage for State and federally listed species prior to commencement of the project. Any unauthorized take of listed species may result in prosecution and nullification of this Agreement. ATTY/AGR/2016.286/CITY OF MENLO PARK — ATHERTON CHANNEL MAINTENANCE