CDFW will continue to accept paper notifications for other types of contracts, including master,” gravel/sand/rock mining, routine maintenance, and wood harvesting. If the Developer and the CDFW fail to reach a consensual agreement on the protective measures necessary for the protection and conservation of fisheries resources and wildlife, the Developer may request in writing the appointment of an arbitration body to resolve the disagreement. At the same time as the notification of the change in the creek bed or sea bed, the developer must submit the payment of the costs incurred to the CDFW. The amount of the fee is based on a progressive scale established by the Director of the CDFW to cover the total cost of the CDFW for (among other things) carrying out project inspections and preparing and submitting agreements to the developer. The fee for any agreement modifying the riverbed or sea bed may not exceed five thousand dollars (5,000 $US). Callus. Fish & Game Code §§ 1602 (a) (3), 1609. Within fourteen days of the date of establishment of the panel, the panel of arbitrators shall adopt a decision on the safeguard measures to be included in the final agreement. The decision of the panel of arbitrators is binding on both the CDFW and the developer.
However, in accordance with Article 1604, either party may apply to the Tribunal to confirm, correct or set aside the decision. The CDFW will not issue a final agreement to change the river bed/lake bed until the CEQA lead agency has issued or adopted a final California Environmental Quality Act (CEQA) document and all costs incurred are paid in full. The CDFW adopts a final written agreement signed by the Agency, which contains all the protection measures deemed necessary for the protection and conservation of fishery resources and wild animals. The developer may proceed with the project only after receiving a copy of the final agreement signed by the Agency and must carry out the project in accordance with the safeguards contained in the agreement. Callus. Fish & Game Code § 1602 (a) (4) (B). Once a signed copy of the agreement has been received, the CDFW establishes a final agreement. The CDFW conducts a preliminary check of the developer`s notification of the change to the creek bed or sea bed to determine if the message is complete. Callus. Fish & Game Code § 1602 (a) (2). If necessary, the CDFW may require a location inspection of the project site to ensure that the submitted notification describes the proposed project in a complete and accurate manner. If the developer accepts the backups contained in the draft agreement, the developer must return a signed copy of the agreement to CDFW.
If the developer and the CDFW reach a mutual agreement on the protective measures necessary for the protection and conservation of fisheries resources and wild animals, the CDFW adopts a final agreement. See Article 19-CA-h.17 – Final Streambed/Lakebed Alteration Agreement, below. If the CDFW finds that the proposed project could significantly affect an existing fish or wildlife resource, the CDFW must submit a final draft agreement to the developer within 60 days. . . .