To apply for the General Agreement, you will need to provide the following information and certify that you are in possession of the Biological Resources Assessment, Property Diagram, and, where applicable, the Design Plan. You will also be asked to certify that the Covered Activity and Entity meet the Eligibility Criteria, relying in part on the Biological Resources Assessment and, where applicable, the Design Plan. Your notification may include more than one Covered Activity.
The following will be required at the time you apply for the General Agreement:
- Biological Resources Assessment – A survey and biological resource report of the Project Site by a Biologist that identifies the presence or potential presence of any Species of Greatest Conservation Need and finfish and their habitat, and invasive species
- Property Diagram – A diagram to scale of the Property that identifies the following with locations also provided as coordinates in either latitude and longitude or the California Coordinate System:
- The location and size of all existing stream crossings, water diversions, water diversion infrastructure, and water storage facilities of any type on the Property
- The location of the Project Site on the Property
- Each river, stream, lake, and other waters on the Property, including springs
- Sources of water used on the Property and the location of all points of diversion, including pumps and wells
- Water distribution systems
- The Assessor’s Parcel Number for the Property
- Design Plan – A Design Plan is a detailed description of the site-specific design for the construction or Reconstruction of a Stream Crossing or reservoir prescribed by a Licensed Professional that includes:
- Sizing methods
- Component details
- Construction notes that give specific directions on the construction methods that will be employed for the work.
A Design Plan is not required for water diversion without water storage or if the water storage facility is a bladder or tank.
- Name, mailing address, telephone and fax numbers, and email addresses for the following individuals:
- The Entity seeking authorization
- The Entity’s designated representative or contact person, if applicable
- The Property owner if different from the Entity
- The Biologist who prepared the Biological Resources Assessment
- The Licensed Professional who prepared the Design Plan, if a Design Plan is Required
- Information for the purpose of calculating the total fee, including the cost of each Covered Activity and the fee for each
- Whether the Covered Activity is the subject of a notice of violation by CDFW; a complaint or order by CDFW under Section 12025 of the Fish and Game Code; a complaint by a city attorney, District Attorney, or the Attorney General; or an order or notice by a court or agency other than CDFW, and information regarding the notice, complaint, or order
- Location of the Project Site, including the address or description of the location with reference to the nearest city or town; the county; driving directions from a major road or highway; the name of the stream or lake in or near where the Covered Activity will occur; the watercourse or waterbody to which the stream or lake is tributary; the USGS 7.5 Minute Quad Map Name, the Township, Range, Section, ¼ Section, and Meridian; coordinates, such as latitude/longitude and UTM; and the Assessor’s Parcel Number for the Property the Project Site is located on
- The type of Covered Activity (i.e., bridge, culvert, rock ford, or water diversion)
- A description of the Covered Activity
- Information to confirm the Covered Activity meets the Eligibility and Design Criteria and to confirm the Entity is able to and will meet the applicable Administrative Measures, General Measures and Specific Measures to Protect Fish and Wildlife Resources, and Reporting Requirements
- Information regarding any temporary or annual license the California Department of Food and Agriculture has issued to the Entity, or that the Entity has applied or will apply for, that authorizes or would authorize the Cannabis Cultivation the Covered Activity relates to
- Whether the Covered Activity would be a new activity or is an existing activity
- Information regarding the Entity’s Water Diversion
The fee is required at the time you submit your notification to CDFW. The fee for the General Agreement is the amount you would need to pay for a Standard Agreement for a term of five years or less, as specified in CDFW’s fee schedule (PDF) for Lake and Streambed Alteration Agreements in the California Code of Regulations, section 699.5, subdivision (b). The Entity must also pay a remediation fee specified in section 699.5, subdivision (i), if applicable.
General Agreement Fee:
- $577.25 if the project costs less than $5,000
- $724.50 if the project costs from $5,000 to less than $10,000
- $1,446.00 if the project costs from $10,000 to less than $25,000
- $2,170.50 if the project costs from $25,000 to less than $100,000
- $3,185.25 if the project costs from $100,000 to less than $200,000
- $4,320.25 if the project costs from $200,000 to less than $350,000
- $5,145.75 if the project costs $350,000 or more
Remediation Fee, if applicable:
- $3,087.50 if the total remediation area is less than or equal to 1,000 square feet
- $5,145.75 if the total remediation area is greater than 1,000 square feet
of existing cannabis cultivation sites is often complex and requires greater CDFW staff time and personnel expenditures. Fish and Game Code section 12029(d) allows CDFW to enhance fees on any entity subject to section 1602 for cannabis cultivation sites that require remediation. To facilitate the remediation and permitting of cannabis cultivation sites, CDFW adopted regulations that added a remediation fee based on the total remediation area (California Code of Regulations, Title 14 section 699.5).
If the purpose of an agreement, or major amendment to an agreement described herein, whether in part or in whole, is to remediate a marijuana cultivation site, the entity shall submit the applicable fee below, which shall be in addition to the fee for the agreement or major amendment.
The Permittee must submit the reports and documents described below in electronic form to CDFW. The Permittee must make these documents and reports (as well as each applicable survey, plan, and report described in General and Specific Measures to Protect Fish and Wildlife, subsections (i) and (j)) available to all persons conducting the Authorized Activity at the Project Site on behalf of the Permittee, including, but not limited to, contractors, subcontractors, inspectors, and monitors, and shall present these documents to any CDFW or other governmental agency employee upon the employee’s request.
|Biological Resources Assessment
||Within 90 days of receiving authorization from CDFW
||Within 90 days of receiving authorization from CDFW
|Design Plan (if applicable)
||Within 90 days of receiving authorization from CDFW
|Project Completion Report for any Authorized activity that includes construction. The report must include:
Beginning and ending dates of the Authorized Activity
Before and after photographs. Photographs must include the staging area, access area, and stream facing upstream, downstream, and perpendicular.
|Within 30 days of completing any Authorized Activity
|Water Diversion and Use Reports for each Water Diversion. The Permittee must submit to CDFW a copy of each report the Permittee must submit tot he State Water Resources Control Board (Board), in accordance with section 910-938 of Title 23 of the California Code of Regulations.
||On the same day the Permittee submits the report to the Board while the Water Diversion is authorized under the General Agreement
|California Natural Diversity Database Observations. The Permittee must submit all observations of Species of Greatest Conservation Need.
||Throughout the term of the General Agreement
Other Applicable Laws
You and any person acting on your behalf are responsible for complying with all applicable local, state, and federal laws that apply to each Authorized Activity. This includes other statutes in the Fish and Game Code that might apply to the Authorized Activity, including, but not limited to the following sections:
- 2080 et seq. (species listed as threatened or endangered, or a candidate for listing under the California Endangered Species Act)
- 1908 (rare native plants)
- 3511, 4700, 5050, and 5515 (fully protected species)
- 3513 (migratory nongame birds)
- 3503 (bird nests and eggs)
- 3503.5 (birds of prey)
- 5650 (water pollution)
- 5652 (refuse disposal into water)
- 5901 (fish passage)
- 5937 (sufficient water for fish)
- 5948 (obstruction of stream)
- For projects on private timberlands, requirements set forth in the Forest Practice Act (Pub. Resources Code, § 4511 et seq.)
Documentation at Project Site
The Permittee must make the following documents available to all persons conducting the Authorized Activity at the Project Site on behalf of the Permittee, including, but not limited to, contractors, subcontractors, inspectors, and monitors, and shall present these documents to any CDFW or other governmental agency employee upon the employee’s request:
- CDFW’s authorization under subsection (g) and the information provided by the Entity to CDFW in the notification
- Any approval by a local, state, or federal agency that relates to the Authorized Activity, including a temporary or annual cannabis cultivation license issued by the California Department of Food and Agriculture
- Biological Resources Assessment
- Any Design Plan
- Property Diagram
- Each survey, plan, and report described in the General and Specific Measures to Protect Fish and Wildlife Resources, and Reporting Requirements sections of the General Agreement
The Permittee must electronically submit to CDFW a copy of the Biological Resource Assessment, Design Plan, and Property Diagram within 90 days of receiving authorization from CDFW under the General Agreement.
Notice to Cease Authorized Activity
The Permittee must cease an Authorized Activity if CDFW notifies the Permittee in writing that the activity is adversely affecting fish and wildlife resources. This includes, but is not limited to, information made available to CDFW that indicates that bypass flows or diversion rates under the General Agreement are not keeping aquatic life downstream in good condition or avoiding take of Listed or Fully Protected Species.
The General Agreement does not authorize take of a Listed or Fully Protected Species, and compliance with the General Agreement does not ensure that take will be avoided in all circumstances. The Permittee remains responsible for complying with all provisions in the Fish and Game Code that pertain to take of Listed and Fully Protected Species, including sections 2080 et seq., 3503, 3503.5, 3511, 3513, 4700, 5050, and 5515.
Access to Project Site
The Permittee must allow CDFW employees access to the Project Site to inspect or monitor any Authorized Activity. Inspection and monitoring will be conducted between the standard business hours of 8:00 a.m. and 5:00 p.m. (Pacific Standard Time) or at other reasonable times as mutually agreed to by CDFW and the Permittee. Prior notice of inspection is not required.
The Permittee shall be solely liable for any violations of the measures and requirements in the General Agreement that apply to the Authorized Activity, whether committed by the Permittee or any person acting on behalf of the Permittee, including its officers, employees, representatives, agents, or contractors and subcontractors, to complete or conduct the Authorized Activity.
Suspension and Revocation
CDFW may suspend or revoke in its entirety CDFW’s authorization of a Permittee’s Covered Activity if CDFW determines that:
- The Permittee or any person acting on behalf of the Permittee, including its officers, employees, representatives, agents, or contractors and subcontractors, is not acting in compliance with the General Agreement. Noncompliance may include, but is not limited to, failure of the Permittee to implement the Authorized Activity as prescribed in the General Agreement, or
- The Authorized Activity was not eligible under the General Agreement.
Nothing herein precludes CDFW from pursuing an enforcement action against the Permittee instead of, or in addition to, suspending or revoking CDFW’s authorization of a Permittee’s Covered Activity.
Period of Authorization
Authorization of a Covered Activity under the General Agreement expires five years after the date CDFW authorizes the activity, unless CDFW extends the period of authorization prior to expiration. Upon expiration of CDFW’s authorization, the Permittee shall be responsible for complying with Section 1602 of the Fish and Game Code before continuing the activity.