Location: MSHCP > VOLUME 3 > IMPLEMENTING AGREEMENT
IMPLEMENTING AGREEMENT
for the
WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES
HABITAT CONSERVATION PLAN/NATURAL
COMMUNITY CONSERVATION PLAN
by and between
WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY, COUNTY OF RIVERSIDE, RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, RIVERSIDE COUNTY REGIONAL PARKS AND OPEN SPACE DISTRICT, RIVERSIDE COUNTY WASTE MANAGEMENT DISTRICT, RIVERSIDE COUNTY TRANSPORTATION COMMISSION, CITY OF BANNING, CITY OF BEAUMONT, CITY OF CALIMESA, CITY OF CANYON LAKE, CITY OF CORONA, CITY OF HEMET, CITY OF LAKE ELSINORE, CITY OF MORENO VALLEY, CITY OF MURRIETA, CITY OF NORCO, CITY OF PERRIS, CITY OF RIVERSIDE, CITY OF SAN JACINTO, CITY OF TEMECULA, CALIFORNIA DEPARTMENT OF TRANSPORTATION, CALIFORNIA DEPARTMENT OF PARKS AND RECREATION, UNITED STATES FISH AND WILDLIFE SERVICE AND CALIFORNIA DEPARTMENT OF FISH AND GAME
This Implementing Agreement ("Agreement"), made and entered into as of this day of, 2003, by and among the Western Riverside County Regional Conservation Authority, County of Riverside, Riverside County Flood Control and Water Conservation District, Riverside County Regional Parks and Open Space District, Riverside County Waste Management District, Riverside County Transportation Commission, City of Banning, City of Beaumont, City of Calimesa, City of Canyon Lake, City of Corona, City of Hemet, City of Lake Elsinore, City of Moreno Valley, City of Murrieta, City of Norco, City of Perris, City of Riverside, City of San Jacinto, City of Temecula, California Department of Transportation, California Department of Parks and Recreation (together with their successors and assigns, collectively, the "Permittees"), United States Fish and Wildlife Service, and California Department of Fish and Game (all, collectively, the "Parties"), defines the Parties' roles and responsibilities and provides a common understanding of the actions that will be undertaken to implement the Western Riverside County Multiple Species Habitat Conservation Plan/Natural Community Conservation Plan ("MSHCP" or "Plan"). The United States Fish and Wildlife Service and the California Department of Fish and Game may be referred to collectively herein as the "Wildlife Agencies."
This Agreement is entered into with regard to the following facts:
WHEREAS, the Western Riverside County Regional Conservation Authority ("Regional Conservation Authority") is a governmental agency, created pursuant to the provisions of the California Government Code section 6500; and
WHEREAS, the County of Riverside ("County") is a governmental agency, created pursuant to the provisions of the California Government Code, Chapter 3, Article 1, section 23300; and
WHEREAS, the Riverside County Flood Control and Water Conservation District ("County Flood Control") is a governmental agency, created pursuant to the provisions of the California Water Appendix, Chapter 48-1; and
WHEREAS, the Riverside County Regional Parks and Open Space District ("County Parks") is a governmental agency, created pursuant to the provisions of Public Resources Code section 5506.7; and
WHEREAS, the Riverside County Waste Management District ("County Waste") is a governmental agency, created pursuant to the provisions of the Health and Safety Code sections 4700 et seq.; and
WHEREAS, the Riverside County Transportation Commission ("RCTC") is a governmental agency, created pursuant to the provisions of the California Public Utilities Code section 130050; and
WHEREAS, the Cities of Banning, Beaumont, Calimesa, Canyon Lake, Corona, Hemet, Lake Elsinore, Moreno Valley, Murrieta, Norco, Perris, Riverside, San Jacinto and Temecula are California municipal corporations located within western Riverside County (collectively "Cities"); and
WHEREAS, the California Department of Transportation ("Caltrans") is a department of the California Business, Transportation and Housing Agency, created pursuant to the provisions of the California Government Code sections 14000 et seq.; and
WHEREAS, the California Department of Parks and Recreation ("State Parks") is a department of the California Resources Agency, created pursuant to the provisions of the California Public Resources Code sections 500 et seq.; and
WHEREAS, the California Department of Fish and Game ("CDFG") is a department of the California Resources Agency with jurisdiction over the conservation, protection, restoration, enhancement and management of fish, wildlife, native plants and habitat necessary for biologically sustainable populations of those species under the California Endangered Species Act (California Fish and Game Code §§ 2050 et seq.) ("CESA"), the California Native Plant Protection Act (California Fish and Game Code §§ 1900 et seq.), the California Natural Community Conservation Planning Act ("NCCP Act") (California Fish and Game Code §§ 2800 et seq.) and other relevant state laws; and
WHEREAS, the United States Fish and Wildlife Service ("USFWS") is an agency of the United States Department of the Interior and has jurisdiction over the conservation, protection, restoration, enhancement and management of fish, wildlife, native plants and habitat necessary for biologically sustainable populations of those species to the extent set forth in the Federal Endangered Species Act (16 U.S.C. §§ 1531 et seq.) ("FESA") and other relevant federal laws; and
WHEREAS, because the County is one of the largest and fastest growing counties in the United States, the County, RCTC, the Cities, other interested public agencies and associated stakeholders have embarked upon a comprehensive planning effort entitled the Riverside County Integrated Project ("RCIP") to address local environmental, transportation and land use needs with the goal of anticipating and shaping the pattern of growth within the County to maintain and enhance the quality of life for its residents; and
WHEREAS, the RCIP encompasses three integrated planning efforts: 1) a comprehensive revision of the County's General Plan to establish future land use and housing needs ("General Plan Update"); 2) the Community and Environmental Transportation Acceptability Process ("CETAP") overseen by RCTC to identify future transportation and communication corridors designed to relieve current traffic congestion and provide for the County's and the Cities' future transportation and communication needs; and 3) the MSHCP; and
WHEREAS, the MSHCP is a multi-jurisdictional habitat conservation plan focusing on the conservation of both sensitive species and associated habitats to address biological and ecological diversity conservation needs in western Riverside County, setting aside significant areas of undisturbed land for the conservation of sensitive habitat while preserving open space and recreational opportunities; and
WHEREAS, the MSHCP boundaries encompass approximately 1,966 square miles, consisting of approximately 1.26 million acres and include approximately 843,500 acres of unincorporated County land west of the crest of the San Jacinto Mountains to the Orange County line, as well as approximately 372,700 acres within the jurisdictional areas of the Cities; and
WHEREAS, the MSHCP is a necessary component of the RCIP because, pursuant to FESA and CESA, certain plant and animal species and habitat have been identified that exist, or may exist, within western Riverside County, and which have been: 1) state or federally listed as threatened or endangered; 2) proposed for listing as threatened or endangered; or 3) identified as a CDFG Species of Special Concern, a California Fully Protected Species, a California Specially Protected Species, a sensitive plant species as determined by the California Native Plant Society, or other unlisted wildlife considered sensitive within the MSHCP Plan Area; and
WHEREAS, future growth and land development within the MSHCP Plan Area, including both public and private projects, may result in the "taking" of such species as defined in state and federal law, thus requiring Take Authorization prior to the carrying out of otherwise lawful activities; and
WHEREAS, the MSHCP will give the County and the Cities the ability to control local land use decisions and maintain economic development flexibility while providing a coordinated reserve system and implementation program that will facilitate the preservation of biological diversity, as well as enhancing the region's quality of life. Such planning is an effective tool in protecting the region's biodiversity while reducing conflicts between protection of wildlife and plants and the reasonable use of natural resources for economic development; and
WHEREAS, the MSHCP addresses the potential impacts of urban growth, natural habitat loss and species endangerment, and creates a plan to mitigate for the potential loss of Covered Species and their habitats due to the direct and indirect impacts of future development of both private and public lands within the MSHCP Plan Area; and
WHEREAS, the MSHCP and this Agreement establish the conditions under which the Permittees will receive from the USFWS and CDFG certain long-term Take Authorizations and other assurances that will allow the taking of Covered Species incidental to lawful uses authorized by the Permittees; and
WHEREAS, Permittees will, for the benefit of public and private property owners and other project proponents within the MSHCP boundaries, transfer Take Authorization received from the Wildlife Agencies through the land use entitlement process, issuance of Certificate of Inclusion or other appropriate mechanism as set forth in the MSHCP and this Agreement; and
WHEREAS, Permittees, with technical assistance from the USFWS and CDFG, have prepared the MSHCP as part of their application for Take Authorization for Covered Species, as defined below, to the Wildlife Agencies under FESA and the NCCP Act, which describes the biological impacts of the MSHCP on Covered Species and their habitats, and defines the comprehensive avoidance, minimization, conservation, and mitigation measures required to avoid and mitigate effects of Take of Covered Species from Permittees' Covered Activities; and
WHEREAS, the MSHCP has been developed through a cooperative effort involving USFWS, CDFG, local governmental agencies, property owners, development interests, farming interests, environmental interest groups and other members of the public. AGREEMENT THEREFORE, the Parties do hereby understand and agree as follows:
The following terms used in this Agreement shall have the meanings set forth below:
Terms used in this Agreement and specifically defined in FESA, CESA, the NCCP Act or the MSHCP shall have the same meaning when utilized in this Agreement, unless this Agreement expressly provides otherwise.
3.1 "Adaptive Management" means to use the results of new information gathered through the Monitoring Program and from other sources to adjust management strategies and practices to assist in providing for the conservation of Covered Species.
3.2 "Adaptive Management Program" means the MSHCP's program of Adaptive Management described in Section 5.0 of the MSHCP.
3.3 "Additional Reserve Lands" means conserved habitat totaling approximately 153,000 acres that are needed to meet the goals and objectives of the MSHCP and comprised of approximately 56,000 acres of state and federal acquisition and mitigation for State Permittees, and approximately 97,000 acres contributed by Local Permittees. (Lands acquired since February 3, 2000, are included in the Local Permittees' Additional Reserve Lands contribution pursuant to correspondence discussed in Section 4.0 of the MSHCP and on file with the County of Riverside.)
3.4 "Agreement" means this Implementing Agreement.
3.5 "Agricultural Operations" means the production of all plants (horticulture), fish farms, animals and related production activities, including the planting, cultivation and tillage of the soil, dairying, and apiculture; and the production, plowing, seeding, cultivation, growing, harvesting, pasturing and fallowing for the purpose of crop rotation of any agricultural commodity, including viticulture, apiculture, horticulture, and the breeding, feeding and raising of livestock, horses, fur-bearing animals, fish, or poultry, the operation, management, conservation, improvement or maintenance of a farm or ranch and its buildings, tools and equipment; the construction, operation and maintenance of ditches, canals, reservoirs, wells and/or waterways used for farming or ranching purposes and all uses conducted as a normal part of such Agricultural Operations; provided such actions are in compliance with all applicable laws and regulations. The definition of Agricultural Operations shall not include any activities on state and federal property or in the MSHCP Conservation Area.
3.6 "Allowable Uses" means uses allowed within the MSHCP Conservation Area as defined in Section 7.0 of the MSHCP.
3.7 "Annual Report(s)" means the report(s) prepared pursuant to the requirements of the MSHCP as set forth in Section 6.11 of the MSHCP.
3.8 "Area Plans" means the community planning areas defined in the Riverside County General Plan. Sixteen Riverside County Area Plans are located within the MSHCP Plan Area.
3.9 "Area Plan Subunit" means a portion of an Area Plan for which biological issues and considerations and target acreages have been specified in Section 3.3 of the MSHCP.
3.10 "Biologically Equivalent or Superior Determination" means documentation that a particular project alternative will be biologically equivalent or superior to a project consistent with the guidelines and thresholds established in the policies for the Protection of Species Associated with Riparian/Riverine Areas and Vernal Pools set forth in Section 6.1.2 of the MSHCP, policies for the Protection of Narrow Endemic Plant Species set forth in Section 6.1.3 of the MSHCP, Additional Survey Needs and Procedures policies set forth in Section 6.3.2 of the MSHCP and the Criteria Refinement Process set forth in Section 6.5 of the MSHCP.
3.11 "Biological Monitoring Program" means the program detailing the requirements for monitoring of the MSHCP Conservation Area as set forth in Section 5.3 of the MSHCP.
3.12 "Biological Monitoring Report(s)" means the report(s) prepared pursuant to the requirements of Section 5.3.7 of the MSHCP.
3.13 "CDFG" means the California Department of Fish and Game, a department of the California Resources Agency.
3.14 "Caltrans" means the California Department of Transportation, a department of the California Business, Transportation and Housing Agency.
3.15 "Cell" means a unit within the Criteria Area generally 160 acres in size, approximating one quarter section.
3.16 "Cell Group" means an identified grouping of Cells within the Criteria Area.
3.17 "CEQA" means the California Environmental Quality Act (California Public Resources Code §§ 21000 et seq.) and all guidelines promulgated thereunder, as amended. For the MSHCP, the County shall be the lead agency under CEQA as defined under State CEQA Guidelines section 15367.
3.18 "CESA" means the California Endangered Species Act (California Fish and Game Code §§ 2050 et seq.) and all rules, regulations and guidelines promulgated thereunder, as amended.
3.19 "CETAP" means the Community and Environmental Transportation Acceptability Process overseen by RCTC to identify future transportation and communication corridors designed to relieve current traffic congestion and provide for the County's and the Cities' future transportation and communication needs.
3.20 "Changed Circumstances" means changes in circumstances affecting a Covered Species or the geographic area covered by the MSHCP that can reasonably be anticipated by the Parties and that can reasonably be planned for in the MSHCP. Changed Circumstances and the planned responses to those circumstances are more particularly described in Section 11.4 of this Agreement and Section 6.8 of the MSHCP. Changed Circumstances do not include Unforeseen Circumstances.
3.21 "Cities" means collectively the cities of Banning, Beaumont, Calimesa, Canyon Lake, Corona, Hemet, Lake Elsinore, Moreno Valley, Murrieta, Norco, Perris, Riverside, San Jacinto, and Temecula.
3.22 "Conceptual Reserve Design" means a reserve concept developed for purposes of providing quantitative parameters for MSHCP species analyses, MSHCP Conservation Area description and target acreages within Area Plan Subunits. The Conceptual Reserve Design is intended to describe one way in which the Additional Reserve Lands could be assembled consistent with the MSHCP Criteria.
3.23 "Conservation" means to use, and the use of, methods and procedures within the MSHCP Conservation Area and within the Plan Area as set forth in the MSHCP, that are necessary to bring any listed species to the point at which the measures provided pursuant to FESA and the California Fish and Game Code are no longer necessary. However, Permittees will have no duty to enhance, restore or revegetate MSHCP Conservation Area lands unless required by the Plan or agreed to through implementation of the Plan.
3.24 "Conservation Strategy" means the overall approach to assure conservation of individual species within the Plan Area; for each individual species, the Conservation Strategy is comprised of four elements: 1) a global conservation goal; 2) global conservation objectives; 3) measurable species-specific conservation objectives; and 4) management and monitoring activities.
3.25 "Conserved Habitat" means the land permanently protected and managed in its natural state for the benefit of the Covered Species under legal arrangements that prevent its conversion to other land uses, and the institutional arrangements that provide for its ongoing management.
3.26 "Constrained Linkage" means a constricted connection expected to provide for movement of identified Planning Species between Core Areas, where options for assembly of the connection are limited due to existing patterns of use.
3.27 "Cooperative Organizational Structure" means the local administrative structure for implementation and management of the MSHCP as set forth in Section 6.6 of the MSHCP.
3.28 "Core Area" means a block of habitat of appropriate size, configuration, and vegetation characteristics to generally support the life history requirements of one or more Covered Species.
3.29 "Corridor" means an alignment area or footprint for manmade linear projects such as transportation facilities, pipelines and utility lines.
3.30 "County" means the County of Riverside.
3.31 "County Flood Control" means the Riverside County Flood Control and Water Conservation District.
3.32 "County Parks" means the Riverside County Regional Parks and Open Space District.
3.33 "County Waste" means the Riverside County Waste Management District.
3.34 "Covered Activities" means certain activities carried out or conducted by Permittees, Participating Special Entities, Third Parties Granted Take Authorization and others within the Plan Area, and described in Section 7.0 of the MSHCP, that will receive Take Authorization under the Section 10(a) Permit and the NCCP Permit, provided these activities are otherwise lawful.
3.35 "Covered Species" means those 146 species within the Plan Area that will be conserved by the MSHCP when the MSHCP is implemented. These species are discussed in Section 2.1.4 and Section 9.2 of the MSHCP, and listed in Exhibit "C" to this Agreement.
3.36 "Covered Species Adequately Conserved" means those initial 118 Covered Species and any of the remaining 28 Covered Species where the species objectives set forth in Section 9.2 of the MSHCP and Table 9-3 are met and which are provided Take Authorization through the NCCP Permit and for animals through the Section 10(a) Permit issued in conjunction with this Agreement. These species are discussed in Section 2.1.4 and Section 9.2 of the MSHCP, and listed in Exhibit "D" to this Agreement.
3.37 "Criteria" means descriptions provided for individual Cells or Cell Groups within the Criteria Area to guide assembly of the Additional Reserve Lands.
3.38 "Criteria Area" means the area comprised of Cells depicted on Figure 3-1 of the MSHCP.
3.39 "Criteria Refinement Process" means the process through which changes to the Criteria may be made, where the refined Criteria result in the same or greater conservation value and acreage to the MSHCP Conservation Area as determined through an equivalency analysis provided in support of the refinement.
3.40 "Critical Habitat" means habitat for species listed under FESA that has been designated pursuant to Section 4 of FESA and identified in 50 Code of Federal Regulations sections 17.95 and 17.96 .
3.41 "Development" means the uses to which land shall be put including construction of buildings, structures, infrastructure and other alterations of land.
3.42 "Discretionary Project" means a proposed project requiring discretionary action or approval by a Permittee, as that term is used in CEQA and defined in State CEQA Guidelines section 15357, including issuance of a grading permit for County projects.
3.43 "Edge Effects" means adverse direct and indirect effects to species, habitats and vegetation communities along the Urban/Wildlands Interface.
3.44 "Effective Date" means the date on which this Agreement takes effect, as set forth in Section 19.1 of this Agreement.
3.45 "Endangered Species" means those species listed as endangered under FESA and/or CESA.
3.46 "Environmental Laws" means state and federal laws governing or regulating the impact of Development activities on land, water or biological resources as they relate to Covered Species, including, but not limited to, CESA, FESA, the NCCP Act, CEQA, the National Environmental Policy Act ("NEPA"), the Federal Migratory Bird Treaty Act ("MBTA"), the Fish and Wildlife Coordination Act, the Fish and Wildlife Act of 1956, the Federal Water Pollution Control Act (33 U.S.C. §§ 1251 et seq.), the Native Plant Protection Act (California Fish and Game Code §§ 1900 et seq.) and sections 1801, 1802, 3511, 4700, 5050 and 5515 of the California Fish and Game Code and include any regulations promulgated pursuant to such laws.
3.47 "Executive Director" means the Director of the Western Riverside County Regional Conservation Authority.
3.48 "Existing Agricultural Operations" means those lands within the MSHCP Plan Area that are actively used for ongoing Agricultural Operations, as further defined in Section 11.3 of this Agreement and Section 6.2 of the MSHCP.
3.49 "Existing Agricultural Operations Database" means the database created by the County to identify Existing Agricultural Operations, as further defined in Section 11.3 of this Agreement.
3.50 "FESA" means the Federal Endangered Species Act (16 U.S.C. §§ 1531 et seq.) and all rules and regulations promulgated thereunder, as amended.
3.51 "Feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, legal, social, and technological factors.
3.52 "Funding Coordination Committee" means a committee formed by the Regional Conservation Authority Board of Directors to provide input on local funding priorities and Additional Reserve Lands acquisitions.
3.53 "Habitat" means the combination of environmental conditions of a specific place providing for the needs of a species or a population of such species.
3.54 "HabiTrak" means a GIS application to provide data on habitat loss and conservation that occurs under the Permits.
3.55 "Incidental Take" means Take of Covered Species Adequately Conserved incidental to, and not the purpose of, an otherwise lawful activity, including, but not limited to, Take resulting from modification of habitat as defined in FESA and its implementing regulations.
3.56 "Independent Science Advisors" means the biologists, conservation experts and others that may be appointed by the Regional Conservation Authority Executive Director to provide scientific input to assist in implementation of the MSHCP for the benefit of the Covered Species, as set forth in Section 6.6.7 of the MSHCP.
3.57 "Linkage" means a connection between Core Areas with adequate size, configuration and vegetation characteristics to generally provide for "live-in" habitat and/or provide for genetic flow for identified Planning Species.
3.58 "Local Development Mitigation Fee" means the fee imposed by applicable Local Permittees on new Development pursuant to Government Code sections 66000 et seq.
3.59 "Local Permittees" means the Regional Conservation Authority, the County, County Flood Control, County Parks, County Waste, RCTC and the Cities.
3.60 "Long-Term SKR HCP" means the Long-Term Stephens' Kangaroo Rat Habitat Conservation Plan in western Riverside County dated March 1996, more specifically described in Section 16.2 of this Agreement.
3.61 "Maintenance Activities" means those Covered Activities that include the ongoing maintenance of public facilities as described in Section 7.0 of the MSHCP.
3.62 "Major Amendments" means those proposed amendments to the MSHCP and this Agreement as described in Section 20.5 of this Agreement and Section 6.10 of the MSHCP.
3.63 "Management Unit" means broad areas planned to be consolidated for overall unified management of the MSHCP Conservation Area. Five management units have been defined and are depicted on Figure 5-1 of the MSHCP Plan.
3.64 "MBTA" means the Federal Migratory Bird Treaty Act (16 U.S.C. §§ 702 et seq.) and all rules and regulations promulgated thereunder, as amended.
3.65 "MBTA Special Purpose Permit" means a permit issued by the USFWS under 50 Code of Federal Regulations, section 21.27, authorizing Take under the MBTA of the Covered Species Adequately Conserved listed as endangered or threatened under FESA in connection with the Covered Activities.
3.66 "Ministerial Approvals" means certain City approvals involving little or no judgment by the City prior to issuance but that could have adverse impacts to Covered Species and their habitat.
3.67 "Minor Amendments" means minor changes to the MSHCP and this Agreement as defined in Section 20.4 of this Agreement and Section 6.10 of the MSHCP.
3.68 "Mitigation Lands" means a subset of Additional Reserve Lands totaling approximately 103,000 acres, comprised of approximately 97,000 acres contributed by Local Permittees and approximately 6,000 acres contributed by State Permittees.
3.69 "Monitoring Program" means the monitoring programs and activities set forth in Section 5.3 of the MSHCP.
3.70 "Monitoring Program Administrator" means the individual or entity responsible for administering the Monitoring Program, as described in Section 5.0 of the MSHCP.
3.71 "MSHCP" means the Western Riverside County Multiple Species Habitat Conservation Plan/Natural Community Conservation Plan, a comprehensive habitat conservation planning program that addresses multiple species' needs, including habitat and the preservation of native vegetation in western Riverside County, as depicted in Exhibit "A" attached.
3.72 "MSHCP Conservation Area" means approximately 500,000 acres comprised of approximately 347,000 acres of Public/Quasi-Public Lands and approximately 153,000 acres of Additional Reserve Lands. The MSHCP Conservation Area will provide for the conservation of the Covered Species.
3.73 "MSHCP Plan Area" means the boundaries of the MSHCP, consisting of an approximate 1,966 square-mile area in western Riverside County, as depicted in Exhibit "B."
3.74 "NCCP Act" means the California Natural Community Conservation Planning Act (California Fish and Game Code §§ 2800 et seq.) including all regulations promulgated thereunder, as amended.
3.75 "NCCP Permit" means the permit issued in accordance with this Agreement by CDFG under the NCCP Act to permit the Take of identified species, including rare species, species listed under CESA as threatened or endangered, a species that is a candidate for listing and Unlisted Species.
3.76 "NEPA" means the National Environmental Policy Act (42 U.S.C. §§ 4321 - 4335) and all rules and regulations promulgated thereunder, as amended. For the purposes of the MSHCP, the USFWS is the lead agency under NEPA as defined in 40 Code of Federal Regulations, section 1508.16.
3.77 "Narrow Endemic Plant Species" means plant species that are highly restricted by their habitat affinities, edaphic requirements or other ecological factors, and for which specific conservation measures have been identified in Section 6.1.3 of the MSHCP.
3.78 "New Agricultural Land" means acreage converted to Agricultural Operations after the Effective Date of this Agreement, as described in Section 11.3 of this Agreement and Section 6.2 of the MSHCP.
3.79 "New Agricultural Lands Cap" means a designated maximum number of acres of New Agricultural Land within the Criteria Area, as described in Section 11.3 of this Agreement and Section 6.2 of the MSHCP.
3.80 "Non-Contiguous Habitat Block" means a block of habitat not connected to other habitat areas via a Linkage or Constrained Linkage.
3.81 "No Surprises Assurances" means that, provided Permittees are implementing the terms and conditions of the MSHCP, this Agreement, and the Permit(s), the USFWS can only require additional mitigation for Covered Species Adequately Conserved beyond that provided for in the MSHCP as a result of Unforeseen Circumstances in accordance with the "No Surprises" regulations at 50 Code of Federal Regulations, sections 17.22(b)(5) and 17.32(b)(5) and as discussed in Section 6.8 of the MSHCP.
3.82 "Other Species" means species not identified as Covered Species under the MSHCP.
3.83 "Participating Special Entity" means any regional public facility provider, such as a utility company, a public district or agency, that operates and/or owns land within the MSHCP Plan Area and that applies for Take Authorization pursuant to Section 11.8 of this Agreement.
3.84 "Party" and "Parties" mean the signatories to this Agreement, namely the Regional Conservation Authority, the County, County Flood Control, County Parks, County Waste, RCTC, the Cities, Caltrans, State Parks, USFWS and CDFG and any other city within the Plan Area that incorporates after the Effective Date of this Agreement and complies with Section 11.6 of this Agreement.
3.85 "Permits" means, collectively, the Section 10(a) Permit and NCCP Permit issued by the Wildlife Agencies to Permittees for Take of Covered Species Adequately Conserved pursuant to FESA, CESA and the NCCP Act and in conformance with the MSHCP and this Agreement.
3.86 "Permittees" mean the Regional Conservation Authority, the County, County Flood Control, County Parks, County Waste, RCTC, the Cities, Caltrans and State Parks.
3.87 "Plan Area" means the boundaries of the MSHCP, consisting of an approximately 1,966 square-mile area in western Riverside County, as depicted in Exhibit "B" attached.
3.88 "Plan Participants" means the Regional Conservation Authority, the County, County Flood Control, County Parks, County Waste, RCTC, the Cities, Caltrans and State Parks and others receiving Take Authorization under the Permits.
3.89 "Planning Species" means subsets of Covered Species that are identified to provide guidance for Reserve Assembly in Core Areas and Linkages and/or Area Plans.
3.90 "Public/Quasi-Public Lands" means a subset of MSHCP Conservation Area lands totaling approximately 347,000 acres of lands known to be in public/private ownership and expected to be managed for open space value and/or in a manner that contributes to the conservation of Covered Species (including lands contained in existing reserves), as generally depicted in Figure 3-1 of the MSHCP.
3.91 "RCIP" means the Riverside County Integrated Project.
3.92 "RCTC" means the Riverside County Transportation Commission, created pursuant to California Public Utilities Code section 130050.
3.93 "Regional Conservation Authority" means the Western Riverside County Regional Conservation Authority, a joint regional authority formed by the County and the Cities to provide primary policy direction for implementation of the MSHCP, as set forth in Section 6.6 of the MSHCP and Section 11.2 of this Agreement.
3.94 "Reserve Assembly" means the acquisition and conservation of Additional Reserve Lands.
3.95 "Reserve Management Oversight Committee" means the committee established by the Regional Conservation Authority Executive Director to provide biological, technical and operational expertise for implementation of the MSHCP, including oversight of the MSHCP Conservation Area, as described in Section 11.2.6 of this Agreement and Section 6.6.4 of the MSHCP.
3.96 "Reserve Management Plan(s)" means the plan(s) setting forth management practices for identified portions of the MSHCP Conservation Area prepared and adopted as described in Section 5.0 of the MSHCP.
3.97 "Reserve Managers" mean the entities managing identified portions of the MSHCP Conservation Area for the benefit of the Covered Species as described in Section 6.6.5 of the MSHCP.
3.98 "Rough Step" means a Reserve Assembly accounting process to monitor conservation and loss of specified habitats within the Criteria Area.
3.99 "Rough Step Analysis Unit" means a geographic unit within which Rough Step is tracked. Rough Step Analysis Units are depicted in Figure 6-6 of the MSHCP.
3.100 "Section 10(a) Permit" means the permit issued by the USFWS to Permittees in conformance with this Agreement and pursuant to 16 U.S.C. section 1539(a), authorizing Take of Covered Species Adequately Conserved.
3.101 "State Assurances" means that, except for the provisions in Section 15.3 of this Agreement, provided Permittees are implementing the terms and conditions of the MSHCP, this Agreement and the Permits, if there are Unforeseen Circumstances, CDFG shall not require additional land, water or financial compensation or additional restrictions on the use of land, water or other natural resources for the life of the NCCP Permit without the consent of the Permittees, unless CDFG determines that continued implementation of this Agreement, the MSHCP, and/or the Permits would jeopardize the continued existence of a Covered Species, or as required by law and would therefore lead to NCCP Permit revocation or suspension.
3.102 "State Parks" means the California Department of Parks and Recreation, a department of the California Resources Agency.
3.103 "State Permittees" means Caltrans and State Parks.
3.104 "Take" means the definition of such term in FESA with regard to species listed under FESA, and the definition of such term in the California Fish and Game Code with regard to species listed under CESA.
3.105 "Take Authorization" means the ability to Take species pursuant to the Section 10(a) Permit and/or the NCCP Permit.
3.106 "Third Party Granted Take Authorization" means any Third Party that receives Third Party Take Authorization in compliance with Section 17.0 of this Agreement.
3.107 "Third Party Take Authorization" means Take Authorization received by a landowner, developer, farming interest or other public or private entity from the Permittees pursuant to Section 17.0 of this Agreement, thereby receiving Take Authorization for Covered Species Adequately Conserved pursuant to the Permits and in conformance with the MSHCP and this Agreement.
3.108 "Threatened Species" means those species listed as threatened under FESA and CESA.
3.109 "Unforeseen Circumstances" means changes in circumstances affecting a Covered Species Adequately Conserved or geographic area covered by the MSHCP that could not reasonably have been anticipated by the Parties at the time of the MSHCP's negotiation and development, and that result in a substantial and adverse change in the status of the Covered Species Adequately Conserved. The term "Unforeseen Circumstances" as defined in this Agreement is intended to have the same meaning as it is used: 1) to define the limit of the Permittees' obligations in the "No Surprises" regulations set forth in 50 Code of Federal Regulations, sections 17.22(b)(5) and 17.32(b)(5); and 2) in California Fish and Game Code section 2805(k).
3.110 "Unlisted Species" means a species that is not listed as rare, endangered or threatened under FESA, CESA or other applicable state or federal law.
3.111 "Urban/Wildlands Interface" means the area where structures and other human development occurs in proximity to the MSHCP Conservation Area.
3.112 "USFWS" means the United States Fish and Wildlife Service, an agency of the United States Department of the Interior.
3.113 "Wildlife Agencies" means USFWS and CDFG, collectively.
The purposes of this Agreement are:
4.1 To ensure implementation of each of the terms of the MSHCP and this Agreement for the benefit of the Covered Species, while allowing well managed and planned future economic growth;
4.2 To describe remedies and recourse should any Party fail to perform its obligations, responsibilities and tasks as set forth in the MSHCP, the Permits and this Agreement; and
4.3 To provide assurances to Permittees and others participating in the MSHCP that:
The MSHCP and each of its provisions are intended to be, and by this reference are, incorporated herein. In the event of any direct contradiction between the terms of this Agreement and the MSHCP, the terms of this Agreement will control. In all other cases, the terms of this Agreement and the terms of the MSHCP will be interpreted to be supplementary to each other.
The MSHCP is intended to preserve biological diversity as well as maintain the quality of life within western Riverside County by conserving species and their associated habitats and coordinating, streamlining, and planning Development. By adopting this regional approach, the MSHCP will result in much greater and more biologically effective habitat and species conservation than a project-by-project approach could produce.
The MSHCP provides a broad conservation strategy, which will be implemented generally through the following:
7.1 Overview. As set forth in detail in Sections 4.0 and 6.0 of the MSHCP, the MSHCP Conservation Area will be assembled as property is acquired. The MSHCP Conservation Area will contain approximately 500,000 acres comprised of the following: 1) conservation of existing publicly owned lands, 2) voluntary acquisition of privately held lands by the Cities, the County, or other Permittees, 3) voluntary acquisition of privately held lands by state and/or federal agencies, and 4) contributions from public and private Development.
7.2 Contribution of Existing Public Lands. The MSHCP Conservation Area will contain approximately 282,000 acres of federally and state-owned land, with approximately 248,000 acres of federal lands and 34,000 acres of state lands. Local government-owned land totals approximately 64,330 acres.
7.3 Conservation of Privately Owned Lands - Local Obligation. As set forth in Section 4.0 of the MSHCP, the Local Permittees will be responsible for contributing approximately 97,000 privately-owned acres of Additional Reserve Lands conserved through the development process. Approximately 56,000 acres will be acquired and approximately 41,000 acres otherwise conserved through the development review process.
7.3.1 Property Owner Initiated Habitat Evaluation and Acquisition Negotiation Process. To assist in assembly of the MSHCP Conservation Area, the Property Owner Initiated Habitat Evaluation and Acquisition Process ("HANS"), set forth in Section 6.1.1 of the MSHCP, may be applied to property within the Criteria Area and that may be needed for inclusion as Additional Reserve Lands. The HANS process applies only to Local Permittees. If it is determined that all or a portion of property is needed for inclusion as Additional Reserve Lands, various incentives may be available to the property owner in lieu of, or in addition to, monetary compensation in exchange for the conveyance of a property interest. These incentives may include, but shall not be limited to, waiver and/or reduction of certain development fees, monetary compensation for entering into an option agreement, fast track processing, density bonuses, clustering, density transfers and property reassessment and tax credits if feasible. The incentives are intended to provide a form of compensation to property owners who convey their property. As a property interest is obtained, it shall become part of the MSHCP Conservation Area.
The HANS process ensures that an early determination regarding the properties needed as Additional Reserve Lands is made, the owners of property needed for the MSHCP Conservation Area are compensated, and owners of property not needed for the Additional Reserve Lands will be covered for Take of Covered Species Adequately Conserved and their habitat through the Permits issued to Permittees. Local Permittees may use an alternative process to HANS that ensures the acquisition of Additional Reserve Lands.
7.3.2 Terms of the Process. As set forth in detail in Section 6.1.1 of the MSHCP, the HANS process includes a requirement that all proposed discretionary projects and evaluations initiated by the owners of property not subject to a development agreement are subject to: 1) an initial application review or an evaluation initiated by the owner of property not subject to a Development application, 2) negotiation of terms and incentives for the acquisition of property necessary for inclusion as Additional Reserve Lands, and 3) completion of acquisition. An expedited review process for single-family homes and mobile homes to be located on an existing lot in the Criteria Area is also provided for in the HANS process.
7.3.3 Conflict Resolution Process. In order to address disputes which may arise concerning: 1) the application of MSHCP Criteria, 2) available incentives, or 3) the valuation of property, a conflict resolution process has been developed ("Conflict Resolution Process"). The Conflict Resolution Process, set forth in Section 6.1.1 of the MSHCP, may be initiated by the property owner, the County or any City and will allow for a neutral third party to assist in resolving disputes concerning the aforementioned issues. The Conflict Resolution Process includes procedures for: 1) mediation to resolve differences over proposed Development options for the property as well as differences regarding the application of MSHCP Criteria, 2) appraisal review to resolve differences concerning the valuation of property, and 3) arbitration to resolve differences concerning the application of MSHCP Criteria that could not be successfully resolved through mediation. The Conflict Resolution Process shall not be construed as a limitation on the County's or any City's ability to approve or deny a Development application, nor will it bind the Wildlife Agencies. However, consistent with the HANS process, a project may not be denied solely because a Development application does not comply with the MSHCP Criteria.
7.4 Conservation of Privately Owned Lands - State and Federal Obligations. As set forth in Section 4.4.2 of the MSHCP, state and federal agencies will acquire approximately 56,000 acres of privately owned land in the Criteria Area from willing sellers, of which approximately 6,000 acres constitutes mitigation for State Permittees' projects.
7.5 Reserve Assembly Accounting. As set forth in Section 6.7 of the MSHCP, annual reports will be prepared in order to track habitat losses and gains associated with public and private Development projects and New Agricultural Land within the Criteria Area. The annual reports will be used to demonstrate that conservation is occurring in rough proportionality with Development, ensure that the MSHCP Conservation Area is being assembled as contemplated in the MSHCP, and ensure that habitat conservation goals and objectives are being achieved.
The Regional Conservation Authority ("RCA") will prepare and provide to the Wildlife Agencies an annual report of total habitat area lost and conservation contributions made to the MSHCP Conservation Area. The annual report shall provide this information by vegetation community, consistent with "HabiTrak" methodology as described in Section 6.7 of the MSHCP.
7.6 In-Lieu Payments. In lieu of payment of the Local Development Mitigation Fee, a private project applicant may elect to acquire acreage from a conservation bank ("In-lieu Payment"). In order for a project applicant to utilize an In-lieu Payment, the following conditions must be met:
The bank owners may, at any time, initiate negotiations for acquisition of any remaining acreage in the bank.
8.1 Overview. The MSHCP Conservation Area will be managed pursuant to Section 5.0 of the MSHCP. To implement the management requirements of the Plan, the MSHCP Plan Area is divided into five units: 1) Santa Ana River Management Unit, 2) Badlands/San Jacinto River Management Unit, 3) National Forests Unit, 4) Lake Mathews/Lake Skinner Unit, and 5) Upper Santa Margarita River/Wilson Creek/Anza Valley Management Unit. Within each unit, management plans will be developed for species and/or habitats based on the species' groups. The management plans will ensure that the conservation efforts required by the MSHCP consider the needs of the region, ecosystem, and the individual species protected through the MSHCP.
8.2 Management Activities. Management activities pursuant to the MSHCP are set forth in Section 5.2.1 of the MSHCP. Such activities will be implemented by the Reserve Managers and the Reserve Management Oversight Committee ("RMOC").
8.3 Adaptive Management Program. Section 5.2 of the MSHCP sets forth an Adaptive Management Program, allowing flexibility to ensure protection of species for which current scientific data is currently lacking. Consistent with the Adaptive Management approach, the Parties agree that the methods and means of implementing the MSHCP shall be changed as necessary to respond to species' needs and new scientific data as these items may change over time.
9.1 Monitoring Program. Monitoring of the MSHCP Conservation Area will be instituted pursuant to the Monitoring Program described in Section 5.3 of the MSHCP. The Monitoring Program will be implemented in two phases. The first phase will consist of an initial inventory and assessment period to obtain additional scientific data about the biological resources covered by the MSHCP. The second phase will consist of implementation of the long-term Monitoring Program.
9.2 Monitoring Program Administrator. A Monitoring Program Administrator shall be selected by the RCA and shall be responsible for implementing the Monitoring Program. For the first eight (8) years of the Permits, the Monitoring Program Administrator shall be CDFG. Upon expiration of this term, the RCA Board of Directors may elect to have CDFG remain as the Monitoring Program Administrator or select an alternative entity, agency or individual for the position. If the RCA determines that CDFG cannot adequately perform the duties of the Monitoring Program Administrator, the RCA Board of Directors shall select an alternate entity, agency or individual to perform such duties.
9.3 Monitoring Reporting Requirements. Pursuant to Section 5.3.7 of the MSHCP, the Monitoring Program Administrator shall annually submit the following to the RMOC: 1) work plans containing a description for the following year of proposed monitoring efforts, survey protocols, schedule for field work and an estimated budget; such work plans shall be submitted in the last quarter of each year; 2) a three-to-five year projected schedule and cost estimate for implementation of the Monitoring Program; and 3) an annual report summarizing the results of monitoring activities over the previous twelve (12) months.
10.1 Annual Reporting. As described in Section 6.6.4 of the MSHCP, the RMOC will be established as part of the Cooperative Organizational Structure. The RMOC will ensure preparation and distribution of an annual report to the Wildlife Agencies and the RCA. The RMOC will determine the format of the annual report. The first report shall be prepared and submitted to the Wildlife Agencies within fifteen (15) months of issuance of the Permits and shall contain information reflecting the first twelve (12) months of the Permits. An annual report shall be prepared and submitted to the Wildlife Agencies every twelve (12) months thereafter and will include, at a minimum, the following information:
11.1 Permittee Implementation Mechanisms. As set forth below, the County, Cities and the RCA have selected legal mechanisms to ensure implementation of the terms of the MSHCP and this Agreement ("Implementation Mechanism"). The Permits shall become effective upon execution of this Agreement. If, however, within six (6) months of execution of this Agreement, the County, Cities and the RCA have not adopted an appropriate Implementation Mechanism, the Wildlife Agencies may initiate suspension or revocation proceedings pursuant to Section 23.5 of this Agreement. In that event, the Permittees' obligations to fully implement the terms and conditions of the MSHCP and this Agreement commence upon execution of this Agreement. After adoption of an Implementation Mechanism, the Local Permittees will submit a copy of the appropriate documents to the RCA and the Wildlife Agencies.
11.1.1 Cities
A. The Cities shall adopt an ordinance imposing the Local Development Mitigation Fee as analyzed in the Nexus Fee Report. A model ordinance imposing such fees is attached as Exhibit "G." The Cities shall adopt ordinances in substantially the same form or at a minimum, containing the same requirements as the model ordinance.
B. The Cities shall adopt an ordinance or resolution that adopts the MSHCP and establishes procedures and requirements for the implementation of its terms and conditions. A model resolution is attached as Exhibit "H" and a model ordinance is attached as Exhibit "I." The Cities shall adopt an ordinance or resolution in substantially the same form or at a minimum, containing the same requirements as the model ordinance or resolution. The ordinance or resolution shall contain at least the following conditions:
11.1.2 The County
A. The County shall implement the MSHCP through incorporation of the relevant terms and requirements into its General Plan including, but not limited to, the following:
B. The County shall establish a development mitigation fee for the unincorporated area of the County to specifically provide for habitat acquisition pursuant to the MSHCP.
11.1.3 County Flood Control. County Flood Control shall implement the MSHCP and this Agreement through execution of this Agreement.
11.1.4 County Parks. County Parks shall implement the MSHCP and this Agreement through execution of this Agreement.
11.1.5 County Waste. County Waste shall implement the MSHCP and this Agreement through execution of this Agreement.
11.1.6 Regional Conservation Authority. The RCA will implement the MSHCP and this Agreement through approval of a resolution that adopts the MSHCP and establishes procedures and requirements for the implementation of its terms and conditions for any Covered Activities. The RCA shall adopt a resolution in substantially the same form as the model resolution attached as Exhibit "J."
11.1.7 Riverside County Transportation Commission. RCTC shall implement the MSHCP and this Agreement through execution of this Agreement.
11.1.8 Caltrans. Caltrans shall implement the MSHCP and this Agreement through execution of this Agreement.
11.1.9 State Parks. State Parks shall implement the MSHCP and this Agreement through execution of this Agreement.
11.2 Cooperative Organizational Structure
11.2.1 Overview. Successful implementation of the MSHCP requires both a local administrative structure and effective coordination with state and federal partners. The Parties have therefore established an organizational structure for implementation and management of the MSHCP described in Section 6.6 of the MSHCP ("Cooperative Organizational Structure").
11.2.2 Regional Conservation Authority.
11.2.3 Formation and Duties of Funding Coordination Committee. To assist in implementing its duties under the MSHCP, the RCA Board of Directors shall form a committee to provide input on local funding priorities and Additional Reserve Lands acquisitions as set forth in Section 6.6.2 ("Funding Coordination Committee"). The Funding Coordination Committee shall be formed within one hundred twenty (120) days of the issuance of the Permits. RCA representatives on the Funding Coordination Committee shall be appointed by the RCA Board of Directors. The Funding Coordination Committee shall also have a representative from each of the Wildlife Agencies. The Funding Coordination Committee shall advise the RCA on local funding priorities and Additional Reserve Lands acquisition, prioritizing areas for conservation as requested. The Funding Coordination Committee shall take into consideration information received pursuant to Section 6.5 of the MSHCP.
11.2.4 Joint Project/Acquisition Review Process. To ensure that the requirements of the Permits, the MSHCP and this Agreement are properly met, a joint project/acquisition review process shall be instituted by the RCA. The process for the Joint Project/Acquisition Review Process is set forth in Section 6.6.2 of the MSHCP.
11.2.5 Regional Conservation Authority Executive Director.
11.2.6 Reserve Management Oversight Committee.
11.2.7 Reserve Managers.
11.2.8 Reserve Monitoring.
11.2.9 Independent Science Advisors.
11.3 MSHCP Coverage of Agricultural Activities.
11.3.1 Definition of Agricultural Operations. "Agricultural Operations" means the production of all plants (horticulture), fish farms, animals and related production activities, including the planting, cultivation and tillage of the soil, dairying, and apiculture; and the production, plowing, seeding, cultivation, growing, harvesting, pasturing and fallowing for the purpose of crop rotation of any agricultural commodity, including viticulture, apiculture, horticulture, and the breeding, feeding and raising of livestock, horses, fur-bearing animals, fish, or poultry, the operation, management, conservation, improvement or maintenance of a farm or ranch and its buildings, tools and equipment; the construction, operation and maintenance of ditches, canals, reservoirs, wells and/or waterways used for farming or ranching purposes and all uses conducted as a normal part of such Agricultural Operations; provided such actions are in compliance with all applicable laws and regulations. Execution of this Agreement shall not constitute such compliance.
The use of pesticides is regulated by the state and federal Environmental Protection Agencies. Take associated with pesticide use is addressed in FESA Section 7 consultations between USFWS and United States Environmental Protection Agency. The MSHCP will not be interpreted as imposing greater regulatory requirements than those existing prior to issuance of the Permits. The MSHCP will not impose new or additional restrictions on Agricultural Operations adjacent to the MSHCP Conservation Area, except as set forth in Section 6.1.4 of the MSHCP. The definition of Agricultural Operations and therefore, Take Authorization, shall not extend to any activities on federal property.
11.3.2 Take Authorization for Existing Agricultural Operations. The Take Authorizations shall apply to those lands within MSHCP Plan Area actively being used for ongoing Agricultural Operations for at least one of the last five (5) years preceding the Effective Date of this Agreement ("Existing Agricultural Operations"). A time period of less than one year or growing season may be appropriate for certain crop types, at the RCA's sole discretion, if supported by adequate factual evidence. Existing Agricultural Operations shall be exempt from payment of the Local Development Mitigation Fee or other mitigation measures, except as specifically set forth in Section 11.3.5 below. The Take Authorization shall become effective as to Existing Agricultural Operations upon their inclusion into the County database as set forth below and issuance and receipt by the RCA of a Certificate of Inclusion or other appropriate written mechanism, which will occur solely for the purpose of documenting acknowledgment of Take Authorization and ensuring compliance with the Permits, the MSHCP and this Agreement. (See Exhibit "F" attached.) The County Agricultural Commissioner will administer Certificates of Inclusion for Agricultural Operations under the direction of the RCA. Existing Agricultural Operations may change agricultural crop type and continue to receive Take Authorization, provided all requirements of this section have been met. Change in Agricultural crop type will not count towards the 10,000 New Agricultural Lands Cap and does not trigger application of the MSHCP Criteria. Conversion from grazing or pastureland uses to a tilled crop shall not fall within the definition of Existing Agricultural Operations. Excluding the conversion of grazing or pasture land uses to a tilled crop from the definition of Existing Agricultural Operations shall not be interpreted as having any precedential effect.
11.3.3 Verification of Existing Agricultural Operations. In order to verify the location of the Existing Agricultural Operations, the County will establish a database identifying Existing Agricultural Operations on or before the Effective Date of the MSHCP ("Existing Agricultural Operations Database"). The Existing Agricultural Operations Database shall include parcel numbers, acreage, ownership/operation names and mailing addresses. The County shall submit the information contained in the Existing Agricultural Operations Database to the RCA and the Wildlife Agencies on an annual basis and shall include a map or other representation identifying parcels containing Existing Agricultural Operations. A Certificate of Inclusion or other written mechanism shall be completed to obtain Take Authorization, which will occur solely for the purpose of documenting acknowledgment of Take Authorization and ensuring compliance with the Permits, the MSHCP and this Agreement. (See Exhibit "F" attached.)
11.3.4 Addition of Existing Agricultural Operations Database. Upon written request by a property owner, operator or other appropriate party, property not included in the Existing Agricultural Operations Database shall be added based upon a determination by the RCA that such land falls within the definition of Existing Agricultural Operations. The written request must be 1) submitted to the RCA within sixty (60) months of the Effective Date of this Agreement; and 2) supported by adequate factual evidence which may include, but is not limited to, the following information or other information acceptable to the RCA: a) agricultural permits obtained from, and/or registrations filed with the County, State of California or other appropriate public agency; b) an approved Agricultural Grading/Clearing Exception Form as defined in County Ordinance No. 457; c) business, tax and property records; d) Agricultural Preserve and Williamson Act contract information; or e) aerial photographs and other relevant business records and information. Parcels of forty (40) acres or less may be added to the Existing Agricultural Operations Database and, thus, receive Take Authorization within forty-eight (48) months of the Effective Date of this Agreement provided good cause can be shown why a written request was not submitted within the sixty (60) month period set forth in this section. The burden is solely upon the property owner, operator or other appropriate party to provide adequate information to the RCA in a timely manner to allow inclusion into the Database. Once the RCA has determined that property should be added to the database, the information submitted to the RCA pursuant to this section in support thereof shall be considered conclusive proof of Existing Agricultural Operations. The County and the RCA shall strictly maintain the confidentiality of documents and other information submitted in connection with verifying Existing Agricultural Operations to the maximum extent permitted under the California Public Records Act, or any other relevant statute or regulation. The RCA shall consider such requests to add land to the Existing Agricultural Operations Database and make a determination within thirty (30) days of receipt of the written request.
11.3.5 Expansion of Existing Agricultural Operations (Permit Required). Expansion of Existing Agricultural Operations of similar use requiring a County or City discretionary permit or other discretionary authorization as defined in the County's agricultural zones set forth in Riverside County Ordinance No. 348 or relevant City land use regulation shall receive Take Authorization under the Permits, provided the requirements set forth in this Section are met. If the expansion requires a County or City discretionary permit or other discretionary authorization and occurs within the Criteria Area, then the Criteria shall be applied and appropriate mitigation imposed. Such projects shall not be subject to the Criteria and mitigation requirements if construction and operation disturbance and impacts are confined solely to the existing building footprint, i.e., limited to those areas that have been recently and consistently disturbed and have little or no habitat value. If the expansion requires a County or City permit or other discretionary authorization and occurs outside the Criteria Area, then the Criteria shall not be applied. However, the policies for the Protection of Narrow Endemic Plant Species and Riparian/Riverine Areas and Vernal Pools, requirements as set forth in Sections 6.1.2 and 6.1.3 of the MSHCP shall be applied and additional surveys required, as set forth in Section 6.3.2 of the MSHCP, if appropriate. Such projects shall not be subject to these requirements if construction and operation disturbance and impacts are confined solely to the existing building footprint. Expansion of Existing Agricultural Operations shall be subject to the HANS process or other applicable Implementation Mechanism. The following activities will not be subject to the terms and conditions of the MSHCP:
11.3.6 New Agricultural Lands. As set forth in Section 11.3.4, all Agricultural Operations on parcels included on the Existing Agricultural Operations Database that do not require a County or City discretionary permit or other discretionary authorization will receive Take Authorization as Existing Agricultural Operations without the need to comply with the Criteria or MSHCP mitigation requirements. The Take Authorization will be applied to a limited number of new lands to be used for Agricultural Operations (including Expansion of Existing Agricultural Operations not requiring a discretionary permit or other discretionary authorization), or subsequently determined to be converted to agricultural use, after the Effective Date of this Agreement consistent with the goals of the MSHCP ("New Agricultural Lands"). The Take Authorization may be applied to up to 10,000 acres of New Agricultural Lands within the Criteria Area during the term of the MSHCP ("New Agricultural Lands Cap"). The Take Authorization shall apply to New Agricultural Lands that fall within the New Agricultural Lands Cap, as allowed to increase pursuant to the amendment process set forth in Section 6.10 of the MSHCP, upon: 1) submission and approval of an Agricultural Grading/Clearing Exception Form as set forth in Riverside County Ordinance No. 457; and 2) either a) execution of a Williamson Act contract covering the New Agricultural Lands; or b) County or City approval of any other mechanism providing equal or better assurance that the proposed New Agricultural Lands will be used for Agricultural Operations. In all instances, issuance of a Certificate of Inclusion or other written instrument must occur prior to Take Authorization. The County will process all Agricultural Grading/Clearing Exception Forms pursuant to the requirements of Riverside County Ordinance No. 457.
In the event that Development is subsequently proposed for property that has been designated as New Agricultural Lands, such Development will not be considered by the County or appropriate City for at least a five-year period following the inclusion of such property on the Existing Agricultural Operations Database. In limited cases of documented severe economic hardship, beyond the control of the property owner or operator as determined by the appropriate Permittee, the five-year period may be waived upon completion of a Minor Amendment to the MSHCP. This five-year requirement shall not be applicable to projects: 1) currently within an agricultural zone established by Ordinance No. 348, 2) whose building footprint will be wholly within property previously tilled as part of the Existing Agricultural Operations, 3) new agricultural activities including agricultural leases on properties for which a Development project has been approved, and 4) agricultural leases on property that is not identified for conservation in the context of the MSHCP Criteria.
Potential lessees could use information developed as part of the MSHCP to assist in determining whether property to be leased for agricultural uses would conflict with the MSHCP. It was determined that such a conflict would not exist if: 1) the property is on the agricultural database; 2) the property is outside the Criteria Area; or 3) the property is not identified as desirable for conservation by the MSHCP Criteria. The County Agricultural Commissioner working as appropriate with Local Permittees can assist lessees in making these evaluations by using the initial project review process incorporated in HANS. Take Authorization may be applied to unlimited new lands for Agricultural Operations outside the Criteria Area.
New Agricultural Lands shall be exempt from the payment of any impact mitigation fee or other mitigation measures imposed by the MSHCP, except as set forth in Section 11.3.5. The cap on New Agricultural Lands acreage is intended to accommodate expansion of Agricultural Operations while providing a mechanism for accounting for Take within the Criteria Area. It is not to be interpreted as restricting the expansion of agricultural land uses in the Plan Area. The New Agricultural Lands Cap will only apply until Reserve Assembly is complete, which is estimated to be approximately twenty-five (25) years from Permit issuance.
11.3.7 Increase in New Agricultural Lands Cap. The RCA shall monitor the acreage amount of New Agricultural Lands and the County shall add the parcel numbers, acreage and ownership information for the New Agricultural Lands to the Existing Agricultural Operations Database. An annual report containing this information shall be submitted to the Wildlife Agencies. By 2004, a map reflecting the location of New Agricultural Lands and their relationship to the Criteria Area shall be created and submitted to the Wildlife Agencies. This map shall be digitized and compatible with existing GIS systems. This map will be updated in 2005 and 2010. After 2010, the Parties shall agree when the preparation of future updated maps is appropriate.
When the RCA determines that approximately 70% of the New Agricultural Lands Cap within the Criteria Area has been converted to New Agricultural Lands, the RCA shall seek approval of an amendment from the Wildlife Agencies to increase the New Agricultural Lands Cap. The Wildlife Agencies shall use reasonable efforts to expeditiously consider and, if appropriate, approve said request. A Minor Amendment may be appropriate to increase the New Agricultural Lands Cap if it meets the requirements for a Minor Amendment pursuant to Section 6.10.2 of the MSHCP and Section 20.4 of this Agreement and if it can be demonstrated to the satisfaction of the Wildlife Agencies that such an increase does not: 1) preclude Reserve Assembly, 2) significantly increase the cost of MSHCP Conservation Area management or assembly, and 3) preclude achieving Covered Species conservation and goals. When the RCA determines that approximately 70% of the New Agricultural Lands Cap within the Criteria Area has been converted to New Agricultural Lands, then the County Agricultural Commissioner will provide written notice mailed to each owner of parcels five acres or larger zoned for agricultural use of record with the County Assessor's Office and to each of the landowners on the Master Index and on the Index of the Agricultural Land Conversions, and will publish a full-page advertisement and a legal notice in the Press Enterprise and the Californian once per week for four consecutive weeks, that: 1) includes information that Take Authorizations for conversions of non-agricultural lands to agricultural lands are in jeopardy of being exceeded, 2) explains the potential legal consequences of taking a listed species without the necessary Take Authorization, and 3) describes the procedure that the RCA will follow for applying for an amendment to the MSHCP to cover agricultural land conversions in excess of the New Agricultural Lands Cap and opportunities for affected landowners to participate in the process. Every five (5) years, the RCA in conjunction with the County Agricultural Commissioner shall review the status of the New Agricultural Lands Cap acreage amount and the need to begin processing a Plan amendment to increase the Cap.
11.4 Changed Circumstances.
11.4.1 General Terms. Consistent with USFWS regulations regarding habitat conservation plan assurances, Section 6.8 of the MSHCP identifies changes in the circumstances affecting the MSHCP Conservation Area and/or Covered Species which can be reasonably anticipated and planned for in the MSHCP and describes the responses to such changes that will be carried out by the Parties. Since the MSHCP includes an Adaptive Management approach to habitat management, changes over time and adaptive responses are already contemplated and do not therefore require amendments to the MSHCP, or the Permits. The Parties agree that this section and Section 6.8 of the MSHCP address all reasonably foreseeable Changed Circumstances and describe specific responses for them; other changes not identified as Changed Circumstances will be treated as Unforeseen Circumstances.
11.4.2 Permittees-Initiated Response to Changed Circumstances. Permittee(s) will give notice to the Wildlife Agencies within sixty (60) calendar days after learning that any of the Changed Circumstances listed in Section 6.8 of the MSHCP have occurred. As soon as practicable thereafter, but no later than sixty (60) days after learning of the Changed Circumstances, Permittee(s) will modify its/their activities in the manner described in Section 6.8 of the MSHCP, to the extent necessary to address the effects of the Changed Circumstances on the Covered Species, and will report to the Wildlife Agencies on its/their actions. Permittee(s) will undertake such modifications without awaiting notice from the Wildlife Agencies.
11.4.3 Wildlife Agency-Initiated Response to Changed Circumstances. If the Wildlife Agencies determine that Changed Circumstances have occurred, they shall notify Permittee(s) in writing within sixty (60) calendar days. Within sixty (60) days after receiving such notice, Permittee(s) will begin implementation of the required changes and report to the Wildlife Agencies on its/their actions. If the USFWS and/or CDFG determine that Changed Circumstances have occurred and that a Permittee has not responded in accordance with Section 6.8 of the MSHCP, the Wildlife Agency or Agencies will so notify the affected Permittee and the RCA Executive Director and will direct Permittee to make the required changes.
11.4.4 Condemnation of Lands Providing Conservation Benefits. In the event that an authority with eminent domain powers condemns part of the lands to which the MSHCP's conservation and mitigation measures apply, the applicable Permittee will use all funds provided to the Permittee through the condemnation proceedings to provide additional conservation and mitigation measures that will replace the conservation benefits that would have been provided by the condemned lands.
11.4.5 New Listings of Species Not Covered by the MSHCP. The USFWS or CDFG may list additional species under FESA and/or CESA as threatened or endangered, delist species that are currently listed, or declare listed species as extinct. In the event of a new listing of one or more species not covered by the MSHCP, the following steps will be taken. If a species not covered by the MSHCP is listed as threatened or endangered under FESA and/or CESA during the life of the Permits, the USFWS and/or CDFG and the Permittee(s) will identify actions that may cause Take, jeopardy or adverse modification of Critical Habitat, and the Permittee(s) will avoid such actions in the implementation of their Covered Activities until approval of an amendment to the MSHCP to address the newly listed species in accordance with the Modifications and Amendments Procedures described in Section 6.10 of the MSHCP. Such avoidance measures will include the following: 1) evaluation of applications for Covered Activities with respect to potential effects on the newly listed species; such evaluations will include assessment of the presence of suitable habitat for the newly listed species within the areas potentially affected by the proposed Covered Activity and surveys for the newly listed species, as appropriate, using accepted protocols; and 2) implementation of measures to avoid impacts to the newly listed species based on the results of the data collected in item 1) above and the evaluation of those data in the context of the design of the proposed Covered Activity.
11.5 Annexation and Deannexation of Lands. Each of the Permittees shall enforce the terms of the Plan, the Permits, and this Agreement as to all individuals or entities subject to its jurisdiction, including lands in the Plan Area annexed into the Permittees' jurisdictions after the Effective Date of this Agreement provided the Minor Amendment requirements of Section 20.4.1(E) of this Agreement and Section 6.10.2 of the MSHCP have been met. If the Minor Amendment requirements cannot be met, a Major Amendment will be required.
In the event of the annexation or deannexation of any land within the Plan Area to another jurisdiction that is not a Permittee, the Parties shall seek to enter into an agreement between the Permittees, the Local Agency Formation Commission ("LAFCO"), the annexing or deannexing jurisdiction and the Wildlife Agencies as part of the annexation process to ensure that any Development of the annexed lands proceeds in accordance with the conservation goals of the MSHCP. If an agreement can be reached, that jurisdiction shall become a Permittee after executing an addendum to this Agreement. If an agreement cannot be reached, or if the MSHCP requirements are not imposed as a condition of annexation by LAFCO, then the annexed or deannexed land will not receive Take Authorization pursuant to the Permits, the MSHCP or this Agreement. Additionally, such annexation or deannexation may result in the revocation or suspension of the Permits pursuant to Section 23.5 of this Agreement. Parties within such annexed or deannexed land that qualify as Participating Special Entities may receive Take Authorization as set forth in Section 11.8.
11.6 Incorporation of New Cities within MSHCP Boundaries. The Parties anticipate that during the term of the MSHCP, and after the Effective Date, one or more new cities may be incorporated within the Plan Area. Such newly incorporated cities, upon adoption of an appropriate Implementation Mechanism and execution of an Implementing Agreement with the Wildlife Agencies substantially similar in form to this Agreement, shall receive Take Authorization pursuant to the Permits and all other rights and obligations granted by the Permits, the MSHCP and this Agreement. Incorporation of a new city within Plan Area shall constitute a Minor Amendment and shall be processed as such pursuant to Section 20.4 of this Agreement and Section 6.10.2 of the MSHCP. In the event a newly incorporated city fails to participate in the MSHCP, the Permits may be revoked or suspended as set forth in Section 23.5 of this Agreement.
11.7 Growth-Inducing Effects. Once mitigation has been imposed upon the Permittees, Participating Special Entity, or Third Party Granted Take Authorization for a proposed project in conformance with the requirements of the MSHCP, Permittees shall not be required to provide or impose any additional mitigation for any growth-inducing effects that such project may have on a Covered Species and its habitat within the Plan Area.
11.8 Participating Special Entity.
11.8.1 Take Authorization for Participating Special Entities. Any public facility provider, such as a utility company or a public district, including, but not limited to, a school, water, or irrigation district, that operates facilities and/or owns land within the Plan Area ("Participating Special Entity") may request Take Authorization for its activities pursuant to the Permits. As set forth below, such activities must comply with all of the terms and requirements of the Permits, the MSHCP and this Agreement.
11.8.2 Grant of Take Authorization to Participating Special Entity. The RCA may grant Take Authorization to a Participating Special Entity for its activities upon compliance with this section. The Participating Special Entity shall submit a complete application for the proposed activity to the RCA containing a detailed description of the proposed activity, a map indicating the location of the proposed activity, an analysis of its potential impacts to Covered Species and their habitats and the MSHCP Conservation Area, and the results of survey and mapping as required pursuant to Section 6.3 of the MSHCP.
Within thirty (30) days of receipt of the complete application, RCA and Wildlife Agency staff shall review the application. If RCA staff, with the concurrence of the Wildlife Agencies finds that the proposed activity complies with all terms and requirements of the MSHCP, the Permits and this Agreement, is designed and implemented consistent with applicable Criteria if within the Criteria Area and does not compromise the viability of the Permits or the MSHCP Conservation Area, the RCA shall issue a Certificate of Inclusion upon completion or fulfillment of all appropriate requirements as set forth below and shall be deemed a Covered Activity. In the event the proposed activity crosses the MSHCP Conservation Area, RCA staff must make a finding supported by adequate evidence that the activity will result in a biologically equivalent or superior alternative to the MSHCP Conservation Area prior to issuance of a Certificate of Inclusion. The Certificate of Inclusion shall depict on an attached map the lands by parcel number, acreage and owner to which the proposed Take Authorization(s) would apply. In the event that the proposed activity does not comply with the terms and requirements of the Permits, the MSHCP and this Agreement, and/or compromises the viability of the MSHCP Conservation Area, RCA and Wildlife Agency staff shall meet with Participating Special Entity representatives to attempt to reach a mutually agreeable solution.
11.8.3 Requirements for Participating Special Entities. In addition to the requirements set forth in MSHCP Sections 6.1.2, 6.1.3, 6.1.4 and 6.3.2, Participating Special Entities shall also contribute to Plan implementation through payment of a fee based upon the type of proposed activity, which shall be applicable to all activities in the Plan Area. For regional utility projects that will be constructed to serve Development, such as major trunk lines, Participating Special Entities shall pay a fee in the amount of 5% of total capital costs or take such other actions as may be agreed to by the RCA and the Wildlife Agencies. For such activities that will result in only temporary impacts and disturbance, Participating Special Entities shall pay a fee in the amount of 3% of total capital costs or other appropriate measures as may be agreed to by the RCA and the Wildlife Agencies. Public district or agency projects that will be constructed to serve Development, such as new schools and treatment plants, inside the Criteria Area shall be designed and implemented pursuant to the Criteria as described in Section 3.3 of the MSHCP and all other requirements of the MSHCP, including payment of Local Development Mitigation Fees as adopted for commercial and industrial Development. For such activities outside of the Criteria Area, contribution will consist of payment of Local Development Mitigation Fees as adopted for commercial and industrial Development. All fees shall be either collected by, or submitted to, the RCA. All obligations must be satisfied prior to impacts to Covered Species and their habitats.
11.9 Criteria Application Process. Public and private projects within the Criteria Area are expected to be designed and implemented in accordance with the Criteria for each Area Plan and all other MSHCP requirements as set forth in the Plan and in Section 13.0 of this Agreement . In the event that refinements to the Criteria are appropriate to facilitate Reserve Assembly, the Criteria Refinement Process set forth in Section 6.5 of the MSHCP shall be utilized.
11.10 Process for Addressing Out of County CETAP Corridors in the MSHCP. The process for obtaining Take Authorization for an Out of County CETAP Corridor is described in Section 7.3.5 of the MSHCP.
11.11 Process for Addressing Cajalco Road Improvements. The process for obtaining Take Authorization for Cajalco Road Improvements is described in Section 7.2.3 of the MSHCP.
11.12 Process for Addressing State Route 79 Road Improvements. The process for obtaining Take Authorization for State Route 79 Road Improvements is described in Section 7.3.5 of the MSHCP.
11.13 Verification of Public/Quasi-Public Lands. Within five (5) years of issuance of the Permits, the RCA shall verify the precise acreage location, amount and status of Public/Quasi- Public Lands in the MSHCP Conservation Area. Such information shall be submitted to the Wildlife Agencies for review. In the event that a Permittee elects to use property currently depicted as Public/Quasi-Public Lands on the MSHCP Plan Map (figure 3-1 of the MSHCP) in a way that alters the land use such that it would not contribute to Reserve Assembly, that Permittee shall locate and acquire or otherwise encumber replacement acreage at a minimum ratio of 1:1 replacement taking into account direct and indirect effects of Public/Quasi-Public Lands in one location with Public/Quasi-Public Lands in another location. The Permittee must make findings that the replacement acreage is biologically equivalent or superior to the existing property as set forth in Section 6.5 of the MSHCP.
The funding of the MSHCP, including financing of Reserve Assembly and management will occur pursuant to Section 8.0 of the MSHCP.
12.1 Local Obligations.
12.1.1 Additional Reserve Lands. As described in Section 8.3.1 of the MSHCP, Local Permittees are responsible for the conservation of 97,000 acres of Additional Reserve Lands. Local Permittees are responsible for the acquisition costs of 56,000 acres of Additional Reserve Lands. The projected cost under current dollars for this acreage is approximately $733 million. An additional 41,000 acres will be conserved through the development review process.
12.1.2 MSHCP Conservation Area Management Costs. As described in Section 8.3.2 of the MSHCP, Local Permittees are responsible under the Plan for management costs for the 56,000 acres of Additional Reserve Lands, an additional 41,000 acres of Additional Reserve Lands conserved through the development process, and approximately 55,000 acres of existing locally conserved land. This land will be acquired for conservation in perpetuity and will be managed as described in Section 5.0 of the MSHCP. Management costs for the combined 152,000 acres are estimated at approximately $110.3 million for the initial 25-year period of the Permits.
12.1.3 Additional Reserve Lands Monitoring Costs. As set forth in Sections 8.3.3 and 8.3.6 of the MSHCP, Local Permittees will be responsible under the Plan for a portion of the Monitoring Program costs. The local obligation for monitoring costs will be approximately $1-1.5 million annually.
12.1.4 Program Administration Costs. The Local Permittees will be responsible under the Plan for Plan administration costs necessary to implement the terms and conditions of the Plan, including staffing for the RCA. As described in Section 8.3.4 of the MSHCP, the local obligation for Plan administration costs is approximately $1.2 million for the first twenty-five (25) years. Once the property acquisition phase is completed after twenty-five (25) years, annual administration costs are estimated to be $500,000 annually for the remaining fifty (50) years of the Permit term.
12.2 Local Funding Sources. The local funding program consists of the local commitment for funding MSHCP Reserve Assembly, Management and Monitoring and as set forth in Section 8.5.1 of the MSHCP. The primary components are as follows:
12.2.1 Local Development Mitigation Fees. As further described in Section 8.5 of the MSHCP, the County and the Cities shall adopt fee ordinances establishing Local Development Mitigation Fees that will be a primary source of funding program implementation. The projected revenues from the Local Development Mitigation Fees are anticipated to be approximately $540 million over a 25-year period. The County and the Cities shall transmit all collected Local Development Mitigation Fees to the RCA on at least a quarterly basis to be expended to fulfill the terms of the MSHCP.
12.2.2 Regional Infrastructure Project Contribution. Permittees' regional infrastructure projects will contribute to Plan implementation. For transportation infrastructure, the local funding program anticipates approximately $371 million in contribution over the next twenty-five (25) years.
12.2.3 Landfill Tipping Fees. Landfill tipping fees are estimated to generate approximately $90 million from El Sobrante landfill and $10 million from other County landfills.
12.2.4 Density Bonus Fees. As set forth in Section 8.5.1 of the MSHCP, the new Riverside County General Plan creates several incentive plans that can aid in the conservation of lands through non-acquisition means, including payment of density bonus fees by developers. Density bonus fees are anticipated to generate $58 million dollars over the next twenty-five (25) years.
12.2.5 Adaptive Management. Adaptive Management is an important component of the overall management of the MSHCP Conservation Area. The local funding program will provide an endowment of $70 million at the end of twenty-five (25) years to provide funds for Adaptive Management. At a 5% rate of return, this endowment will provide approximately $3.5 million annually to undertake Adaptive Management activities. The local funding program also identifies funds available for Adaptive Management for the initial 25-year period of the Permits.
12.2.6 Additional Funding. As further described in Section 8.5 of the MSHCP, the Parties shall seek additional funding from private, local, state and federal sources.
12.2.7 Lands Conserved Through the Development Review Process. As set forth in MSHCP Sections 8.4.1 and 8.4.2, approximately 41,000 acres of Additional Reserve Lands are expected to be conserved through the development review process.
12.3 Annual Evaluation of Funding. On an annual basis, the Permittees and the Wildlife Agencies will evaluate the performance of the funding mechanisms and develop any necessary modifications to address possible shortfalls. Additionally, this annual evaluation will include an assessment of the funding plan and anticipate funding needs over the next eighteen (18) months for the purpose of identifying any potential deficiencies in cash flow. If deficiencies are identified through this evaluation, the Permittees and the Wildlife Agencies will develop strategies to address any additional funding needs consistent with the terms and conditions of the Plan. Additional funding needs will be addressed as set forth in Section 8.6 of the MSHCP. Management and monitoring costs are not anticipated to exceed projections except for inflation. Management and monitoring budgets will be locally approved annually by the RCA.
12.4 State Permittee Obligations. The State Permittees are responsible for the acquisition costs for 6,000 acres of Additional Reserve Lands as their contribution towards Reserve Assembly. These responsibilities are set forth in Sections 13.8 and 13.9 of this Agreement and Section 8.0 of the MSHCP.
13.1 Permittees' Take Authorization. Each Permittee may engage in, and receive Take Authorization for, Covered Activities as set forth in Section 7.0 of the MSHCP. Additionally, the RCA may confer Take Authorization for Covered Activities as set forth in Section 6.6 of the MSHCP. The County and Cities may also confer Take Authorization and approve projects proposed within their respective jurisdictions, as set forth in Sections 7.1 and 7.3.1 of the MSHCP. The RCA, County and Cities may also confer Take Authorization through the issuance of a Certificate of Inclusion or other written mechanism as set forth in Sections 11.3 and 11.8 of this Agreement.
13.2 County and Cities Obligations. The County and the Cities have the following obligations under the MSHCP and this Agreement;
13.3 Regional Conservation Authority Obligations. The RCA has the following obligations under the MSHCP and this Agreement:
13.4 County Flood Control Obligations. County Flood Control has the following obligations under the MSHCP and this Agreement: