1) The standard mitigation fee is $20,000 per acre with the exception of riparian habitat, walnut woodland, and oak woodland at $30,000 per acre. The Project Coordinator or Project Applicant is responsible for all costs associated with the restoration.  

2) A consultation, planning and administrative fee in the amount of $5,000 is required at the time an agreed upon mitigation area is found, and before a mitigation and monitoring plan is reviewed. This fee is non-refundable and takes care of Staff time, the preparation of the Right of Entry Agreement and any other contracts or agreements, and reserves the mitigation area for 12 months.

a. If the restoration has not commenced by the end of the first year, the Project Applicant will be required to pay a non-refundable fee of $5,000 per acre in order to hold the mitigation area.

b. If the restoration has not commenced by the end of the second year, the Project Applicant will be required to pay an additional non-refundable fee of $10,000 per acre in order to hold the mitigation area.

c.At the end of the third year, the Habitat Authority has the discretionary option to not reserve the proposed mitigation area any longer.

3) The proposed plan is required to be consistent with applicable HabitatAuthority policies, guidelines, and/or plans adopted by the Board.

4) All aspects of the proposed plan including the site location, plant palette, planting methods, and weed eradication methods are to be developed in coordination with Habitat Authority staff or its designated agents.

5) A termination clause should be included in the project plan that allows the Habitat Authority to cease all work for just cause.

6) The Habitat Authority should receive at a minimum quarterly progress reports in addition to annual reports regarding the status of the project.

7) The proposed plan shall be subject to approval by the Habitat Authority and appropriate regulatory, permitting or resource agencies in accordance with all federal or state laws.

8) The Habitat Authority does not accept seed or container stock grown from seed that is not within a 10-mile radius of the mitigation area. A custom seed collection from the area is required. If the seed collecting or any other site preparation needs to be completed or started prior to the Right of Entry Agreement being signed, then a Release of Liability Waiver must be signed. All seed collected is the property of the Habitat Authority until the Right of Entry Agreement is signed.

9) The biological consultant or agent directly responsible for the implementation of the plan (Project Coordinator) is required to contract directly with the agent or landscaper doing the restoration work. This is to ensure that effective and adaptive management is provided for the restoration work. All invoices will need to be approved by the Project Coordinator if the Project Coordinator has not contracted directly with the agent or landscaper doing the restoration work.

10) The Project Coordinator is required to coordinate with all interested local, state and federal public agencies, including appropriate fire authorities to comply with fuel modification zone requirements.

11) The Project Coordinator is required to actively participate in coordinating project activities with any interested easement or lease holders of lands managed by the Habitat Authority.

12) The Project Coordinator is required to be available for meetings, and prepare literature to address public relations concerns for restoration activities.

13) The Project Coordinator shall furnish and install materials and signage to discourage trespassing and to inform passersby of the nature of the project. The signage is subject to approval by the Habitat Authority.

14) Appropriate insurance coverage for the property owner, Mountains Recreation and Conservation Authority, and the Habitat Authority needs to be provided, such as adding these agencies as additional insured with commercial liability insurance and auto liability insurance in the amount of $2,000,000, and providing evidence of workers compensation insurance from the Project Coordinator and all subcontractors.

15) The Habitat Authority will require a bond, letter of credit, or other approved financial mechanism to ensure that the performance criteria are successfully met.

Project Applicant,                                        , _________, hereby acknowledge and agree to the above guidelines.
(Name of Applicant)                                       (Date)