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HomeMy WebLinkAboutMINUTES - 10032006 - C.62 TO: BOARD OF SUPERVISORS ?E's - Contra FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTORCosta - DATE: October 3, 2006 �osr. - Cou my C 1 COUK� SUBJECT: APPROVE and AUTHORIZE the Public Works Director, or designee, to direct payment to the IIII�����i• California Wildlife Foundation in the amount of$7,200 for the mitigation fees associated with the implementation of the Sheriff's Department Marsh Creek Detention Center Bridge Repair Project, Clayton area. Capital Facilities Fund) (District III) [CDD-CP# 06- 64] Project No. 4660-6X4101 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: APPROVE and AUTHORIZE the Public Works Director,or designee,to direct payment to the California Wildlife Foundation in the amount of$7,200. This money will be used to mitigate for impacts associated with the Sheriff's Department Marsh Creek Detention Center Bridge Project and will be temporarily held in an escrow account by the California Wildlife Foundation until the East Contra Costa County Habitat Conservation Plan/Natural Community Conservation Plan(HCP/NCCP) is implemented. The money will be used by the local agencies implementing the HCP/NCCP to acquire and restore riparian or wetland areas. FISCAL IMPACT: Payment of the $7,200 will be funded through County General Funds. Continued on Attachment: ® SIGNATURE: [RECOMMENDATION OF COUNTY ADMINISTRATOR ❑ RECOMMENDATION OF BOARD COMMITTEE 2-'APPROVE AOTHER r SIGNATURE(S): ACTION OF B ON APPROVED AS RECOMMENDED® OTHER ❑ I hereby certify that this is a true and correct copy of an action VOTE OF SUPERVISORS taken and entered on the minutes of the Board of Supervisors on UNANIMOUS(ABSENTV ) the date shown. AYES: NOES: ABSENT: ABSTAIN: ATTESTED:�,�,�(,�� LC:sj JOHN CULLEN,Clerk of the Board of Supervisors and County G:\GrpData\EngSvc\ENVIRO\BO\2006\(10-03-06)Payment Marsh Cr Br Det Cntr Administrator Orig.Div:Public Works(Environmental Section) Contact: L.Chavez,(313-2366) cc: Administrator—Aun.E.Kuevor C Auditor-Controller By Deputy N.Leary,Design t\ A.Knapp,Maintenance L.Chavez,Environmental C.Raynolds,Accounting SUBJECT: APPROVE and AUTHORIZE the Public Works Director, or designee, to direct payment to the California Wildlife Foundation in the amount of$7,200 for the mitigation fees associated with the implementation of the Sheriff's Department Marsh Creek Detention Center Bridge Repair Project, Clayton area-, (Capital Facilities Fund) (District III) [CDD-CP# 06- 64] Project No. 4660-6X4101 DATE: October 3, 2006 PAGE: 2 of 2 REASONS FOR RECOMMENDATIONS AND BACKGROUND: The purpose of the proj ect is to repair severe storm damage caused by heavy rains in winter 2006 to the streambank of Marsh Creek near the Sheriff's Department Marsh Creek Detention Center Bridge. The proposed project consists of streambank stabilization through installation of rock slope protection and placement of rock and concrete block in the scour hole that has formed around a weir structure in the bed of the channel. The repairs will necessitate impacts to Marsh Creek, and as a condition of the Fish and Game Agreement for the project, those impacts must be mitigated. CONSEQUENCES OF NEGATIVE ACTION: Payment of the mitigation is a condition of the Fish and Game Agreement. Without approval of the payment, environmental impacts of the project will not be adequately mitigated as required by the Fish and Game Agreement issued for the project and the County will be in violation of the Agreement. STATE OF CALIFORNIA THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER,GOVERNOR DEPARTMENT OF FISH AND GAME CENTRAL COAST REGION (707)944-5520 Mailing address: POST OFFICE BOX 47 �ry YOUNNILLECALiFORNIA 94599 Street address: V 7329 SILVERADO TRAIL NAPA CALIFORNIA 94558 August 17, AUG 2 2 20% P080WpRKS cation um er: 1600-2006-0563-3 ADp�INISTRATIVI)SERVICES T Heather Ballenger, Deputy Director Contra Costa County Public Works Department 255 Glacier Drive Martinez, CA 94553 1602 LAKE AND STREAMBED ALTERATION AGREEMENT This agreement is issued by the Department of Fish and Game pursuant to Division 2, Chapter 6 of the California Fish and Game Code: WHEREAS,the applicant Heather Ballenger, Deputy Director,Contra Costa Public Works Department,hereafter called the Operator, submitted a signed NOTIFICATION proposing to substantially divert or obstruct the natural flow of,or substantially change the bed,channel,or bank of, or use material from the streambed or lake of the following water: Marsh Creek, located in SECTION 33,TOWNSHIP O1N,RANGE 01E, in the County of Contra Costa, State of California;and WHEREAS,the Department has determined that such operations may substantially adversely affect existing fish and wildlife resources including water quality,hydrology, aquatic or terrestrial plant or animal species;and WHEREAS,the project has undergone the appropriate review under the California Environmental Quality Act;and WHEREAS,the Operator shall undertake the project as proposed in the signed PROJECT DESCRIPTION and PROJECT CONDITIONS(attached). If the Operator changes the project from that described in the PROJECT DESCRIPTION and does not include the PROJECT CONDITIONS,this agreement is no longer valid; and WHEREAS,the agreement shall expire on December 31,2006 with the work to occur between June 15 and October 15;and WHEREAS,nothing in this agreement authorizes the Operator to trespass on any land or property,nor does it relieve the Operator of the responsibility for compliance with applicable Federal, State,or local laws or ordinances. Placement,or removal,of any material below the level of ordinary high water may come under the jurisdiction of the U. S.Army Corps of Engineers pursuant to Section 404 of the Clean Water Act; THEREFORE,the Operator may proceed with the project as described in the PROJECT DESCRIPTION and PROJECT CONDITIONS. A copy of this agreement,with attached PROJECT DESCRIPTION and PROJECT CONDITIONS,shall be provided to contractors and subcontractors and shall be in their possession at the work site. Failure to comply with all conditions of this agreement may result in legal action. This agreement is approved by: ARobertW. Floerke Regional Manager Central Coast Region cc: Janice Gan Warden Kozicki Lieutenant Christensen 1 STATE OF CALIFORNIA THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER,GOVERNOR 0EPARTIVIENT OF AND GAME CENTRAL COAST REGION (707)944-5520 Mailing address: . POST OFFICE BOX 47 YOUNTVILLE,CALIFORNIA 94599 Street address: - 7329 SILVERADO TRAIL NAPA,CALIFORNIA 94558 Notification Number: 1600-2006-0563-3 Marsh Creek, Contra Costa County Heather Ballenger, Deputy Director Contra Costa Public Works Department, 255 Glacier Drive,Martinez, CA 94553 PROJECT DESCRIPTI,ON.and PROJECT CONDITIONS Description In order to ensure the bridge and approach road are sound, repairs must be conducted immediately, The ' proposed emergency repair takes into account the problems that resulted from encroaching into the creek flowline; therefore,repair includes removing some of the riprap that was installed in January of this year that encroached into the channel and possibly increased flow velocities. The repair will include repositioning of some of the rock slope protection that was used in the January 2006 repairs; however, less actual armoring will be used to ensure the banks can be stabilized without encroaching into the creek(the previous repair encroached into the stream, possibly increasing stream velocities and causing some of the damage). Repairs will also include placing rock and large concrete blocks in the scour hole around the weir. In order to conduct the rock placement around the weir effectively without substantial sedimentation in Marsh Creek, dewatering of the work zone will be necessary. Normal flows will be maintained downstream of the project site at all times. A sediment filter dam will be installed downstream of the project site to minimize sedimentation within Marsh Creek as a result of the construction activities. Approximatley 10 linear feet of channel will be impacted and approximately '/4 acres of adjacent grassland. Avoidance and Minimization Measures: 1. Dewatering the site will minimize the potential for sedimentation during construction. Flows around the work zone will be maintained at all times. 2. California red-legged frog and Alameda whipsnake have been identified in the project vicinity; therefore, a preconstruction survey for these species will be conducted within a week prior to initiation of construction. 3. Before any work activities begin on the project, a qualified biologist will conduct a training session for all construction personnel. At a minimum, the training will include a description of the RLF and Alameda whipsnake and their habitats, the importance of the RLF and whipsnake and their habitats, the general measures that are being implemented to conserve the RLF and Alameda whipsnake as they relate to the project, and the boundaries within which the project maybe accomplished. 4. A qualified biologist will be on-site to monitor the dewatering process and other habitat disturbance. Because we are aware that we do not have a take permit to move any listed species, should any be Page 1 of 4 Notification #1600-2006-Q�6,��3 Date prepared: Operator's initials_' l encountered during the dewatering or other construction activities, work will be stopped and USFWS and DFG contacted immediately for guidance 5. Maintenance and fueling of equipment will occur on the approach roadways outside of the stream channel area 6. Staging of the materials necessary to conduct the repairs will occur along the existing road shoulders and possibly upland areas immediately adjacent.to the bridge 7. No trees will be removed in order to conduct the repairs. Some minor tree trimming and debris removal will occur upstream of the bridge (this work is consistent with our currently authorized MOU) S. The County's Environmental Section will be involved with monitoring construction of the project. No impacts to terrestrial or aquatic species are expected as a result of the project. Having a biologist on-site . during dewatering and habitat disturbance will ensure that non-listed species are moved to a safe location downstream of the work zone. No listed fish species are expected to be impacted by the project as there are multiple barriers to migration between the project site and Big Break (including Marsh Creek Dam). Non-listed fish will be relocated by the biologist during dewatering operations. The repair activity will be kept to the minimum necessary to accomplish the repair, and the work site will be kept clear of construction debris. Operation of equipment within the channel will be kept to the minimum amount possible; however, a backhoe bucket will be used to place the concrete block and rock around the weir. Conditions �� 1. For unavoidable impacts to Marsh Creek, the applicant will contn ute to the East Contra Costa Habitat Conservation Plan. A check for$7+200®will be provided within 90 days of execution of this agreement. These funds will be held in an escrow account by the California Wildlife Foundation until the East Contra Costa HCP/NCCP is implemented. If actual impacts exceed the expected 10 linear feet of stream bank and temporary impacts to a11/4 acre of grassland additional funds will be provided to the HCP with DFG approval. The money will then be used by the local agencies implementing the HCP/NCCP to acquire and restore riparian or wetland areas in the first years of implementation. These funds may be redirected by the Department to an alternate approved conservation effort if the HCP/NCCP is not finalized within 24 months. The check should be made payable to California Wildlife Foundation, and mailed to: California Wildlife Foundation, Steven Dunn 1212 Broadway, Suite 840 Oakland, CA 94612 510-208-4436, fax 510-268-9948 A copy of the check should be sent to: CDFG 1600 Program with reference to this permit number. 2. All work shall be done according to the project description stated above, as well as the plans submitted to the Department that are not in conflict with the above stated project description. The operator shall notify the Department of any modifications made to the plans submitted to the Department that pertain to impacts to the creek or the riparian corridor. 3. A crew supervisor shall be on site the entire time the crew is working within the riparian zone. Said supervisor shall be completely familiar with the terms and conditions of this agreement and shall ensure Page 2 of 4 Notification #1600-2006-01563-3 Date prepared: Operator's initials d V(/C compliance with all terms.and conditions. 4. The time'limit for completing the work subject to this agreement shall be confined to the period of April 15 to October 15 of any year, except as otherwise stipulated in this Agreement. This request shall be in written form and submitted at least 10 days in advance of proposed time extension period. The Operator will notify Janice Gan(209-835-6910) igan(a dfQ.c.gov of the date of commencement of operations and the date of completion of operations. 5. The project site has been identified as an area that is potentially inhabited by threatened or endangered species. This agreement does not allow for the take, or incidental take of any.State or Federal listed threatened or endangered species. Therefore, the Department requires that surveys be conducted by a competent biologist, and that the Department is provided a written copy of the survey results prior to the commencement of the project. Liability for any take or incidental take of such listed species remains the responsibility of the Operator for the duration of the project. Any unauthorized take of such listed species may result in prosecution and.nullify this agreement. 6. If listed species occur within the proposed work area or could be impacted by the work proposed this Agreement shall not be valid until the Operator obtains the required State and Federal threatened and endangered species permits or other written authorization to proceed. 7. The Operator shall have a qualified biologist survey the proposed work area to verify the presence or absence of any listed species. The Operator shall have a qualified biologist on-site daily to ensure no impacts occur to the species. If the work requires that the species is removed disturbed or otherwise impacted, the Operator shall obtain the appropriate State and Federal endangered species permits. 8. If any wildlife is encountered during the course of construction said wildlife shall be allowed to leave the construction area unharmed. Aquatic life (except threatened, endangered, or State species of special concern listed above) stranded within the dewatered work area shall be relocated to an appropriate upstream or downstream location upon completion of the diversion and prior to the start of work. 9. The disturbance or removal of vegetation will not exceed the minimum necessary to complete operations. Precautions will be taken to avoid other damage to vegetation by people or equipment. Branches and/or limbs overhanging the project site that may be impacted shall be properly pruned prior to mobilization of equipment. 10. Prior to the commencement of construction the Operator will identify and flag an access and project alignment corridor on each bank. Flagging will be in place during all periods of operation. 11. The Operator shall use temporary construction fencing to identify the upstream and downstream limits of disturbance within the stream corridor. 12. Erosion control measures shall be utilized throughout all phases of operation in areas where soil, silt, dirt and/or sediment from project activities threatens to enter waters of the State. At no time shall any of these materials be allowed to enter the stream or be placed where it may enter the stream. All erosion control devices shall be removed upon completion of the project. Page 3 of 4 Notification # 1600-2006-043-3 Date prepared. Operator's initials �R L 13. The Contractor shall have readily available plastic sheeting or visquine and will cover exposed spoil piles and exposed areas to prevent these areas from losing loose soil into the stream. These covering materials shall be applied when it is evident rainy conditions threaten to erode loose soils into the stream. 14. Spoil shall not be placed on the stream side slope or where it could enter the stream. Spoil shall not be placed over vegetation except as specifically noticed to and accepted by the Department. 15. No phase of the project may be started if that phase and its associated erosion control measures cannot be completed prior to the onset of a storm event. 72-hour weather forecasts from the National Weather Service shall be consulted prior to start up of any phase of the project. 16. Silty/turbid water from the excavation and/or project activities shall not be discharged into the stream or into storm drains. Such water shall be pumped into a holding facility or into a settling pond located in flat stable areas outside of the stream channel to allow for natural filtration of sediments. At no time shall turbid water from settling ponds be allowed to enter back into the stream channel until water is clear of silt. 17.No excavation in the live stream (flowing water) is allowable. The Contractor must submit a detailed water diversion plan to the Department. The Department will review the proposed water diversion method. The water diversion plan must be approved by the Department prior to any work in or near the stream. 18. Work must be performed in isolation from the flowing stream. If there is any flow when the work is done, the operator shall construct coffer dams upstream and downstream of the excavation site and divert all flow from upstream of the upstream dam to downstream of the downstream dam. The coffer dams may be constructed with clean river gravel or sand bags, and may be sealed with sheet plastic. Sandbags and any sheet plastic shall be removed from the stream upon project completion. Clean river gravel may be left in the stream,but the coffer dams must be breached to return the stream flow to its natural channel.No other diversion method shall be used without authorization of the Department. If another diversion method is preferred, the Operator must submit a plan detailing the desired diversion method. Authorization of any other diversion method shall be at the discretion of the Department. 19. If a stream channel has been altered during the operations, its low flow channel shall be returned as nearly as possible to pre-project conditions without creating a possible future bank erosion problem or a flat wide channel or sluice-like area. 20. Staging and storage areas for equipment, materials, fuels, lubricants and solvents, will be located outside of the stream channel and banks. Stationary equipment such as motors,pumps, generators, compressors and welders, located within or adjacent to the stream will be positioned over drip pans. Any equipment or vehicles driven and/or operated within or adjacent to the stream will be checked and maintained daily, to prevent leaks of materials that if introduced to water could be deleterious to aquatic life. Vehicles will be moved away from the stream prior to refueling and lubrication. 21. Bank stabilization shall be constructed with suitable nonerodible materials that will withstand wash out. Such materials shall be placed in a toe trench two to three feet deep and shall not exceed a slope of 2 to 1. The bank stabilization material shall extend above the normal high-water mark. Page 4 of 4 Notification #1600-2006-0�#3-3 Date prepared: Operator's initials 1,/A, 22. The Contractor shall not dump any litter or construction debris within the riparian/stream zone. All such debris and waste shall be picked up daily and properly disposed of at an appropriate site. .23. Restoration shall include the revegetation of stripped or exposed areas with vegetation native to the area. 24. All disturbed slopes around and on the banks shall be seeded, mulched and fertilized with a blend of a minimum of three local native grass species from the following list: Meadow Barley(Hordeum brachyantherum ssp. califomicum) Blue Wildrye (Elymus glucus) California Brome (Bromus carinatus) Creeping Wildrye(Elymus triticoides) California Oatgrass (Danthonia Californica), California melic (Melica californica). One or two nonnative grass species may be added to the seed mix provided that amount does not exceed 25% of the total seed mix by count. Locally native wildflower and/or shrub seeds may also be included in the seed mix. Seeding shall be completed between October 1 and October 31 of the year construction begins. 25. All required planting or mitigation shall be done between October 15 and December 31 immediately following the impacts of the year the impacts occurred. Failure to implement the mitigation (planting or creation) during the required time period will result in additional mitigation for the temporal loss of habitat. The additional mitigation will include the upsizing of plant material one container size above the originally specified container size for all plants not installed during the required time period, and payment of a monetary donation to a local land trust in an amount equal to the amount of the applicant's cost to implement the approved mitigation that was not installed during the required time period. 26. No equipment shall be operated within the drip line of oaks. Protective fencing shall be placed around the drip line of oaks to prevent compaction of the root zone. 27. A copy of this Agreement must be provided to all contractors and subcontractors and the Operator's project supervisors. Copies of this Agreement shall be available at the project site during all periods of active work and must be presented to Department personnel upon demand. Department personnel shall be allowed onto the work site at any time during and after construction of the project for the purposes of establishing compliance with this Agreement. 28. The Operator is liable for compliance with the terms of this Agreement, including violations committed.by the contractors and/or subcontractors. The Department reserves the right to suspend construction activity described in this Agreement if the Department determines any of the following has occurred: A). Failure to comply with any of the conditions of this Agreement B). Information provided in support of the Agreement is determined by the Department to be inaccurate. C). Information becomes available to the Department that was not known when preparing the original conditions of this Agreement(including, but not limited to, the occurrence of State or federally listed species in the area or risk to resources not previously observed) D).The project as described in the Agreement has changed or conditions affecting fish and wildlife resources change. Any violation of the terms of this Agreement may result in the project being stopped, a citation being Page 5 of 4 Notification #1600-2006-Q563-3 Date prepared: Operator's initials issued, or charges being filed with the District Attorney. Contractors and subcontractors may also be liable for violating the conditions of this agreement. Amendments .and Renewals The Operator shall notify the Department before any modifications are made in the project plans submitted to the Department., Project modifications may require an amendment or a new notification. This agreement is transferable to subsequent owners of the project property by requesting an amendment. To renew the agreement beyond the expiration date, a written request for a renewal must be submitted to the Department(1600 Program, Post office box 47,Yountville, CA 94599)for consideration at least 30 days before the agreement expiration date. A renewal requires a fee. The fee schedule can be obtained at . www.dfg. ca.gov/16 0 0 or by phone at (707) 944-5520. Renewals of the original agreement are issued at the discretion of the Department. To modify the project, a written request for an amendment must be submitted to the Department(1600 Program, Post office box 47, Yountville, CA 94599). Amendments require a fee. Amendments to the original agreement are issued at the discretion of the Department. Please note that you may not proceed with construction until your proposed project has undergone CEQA review and the Department signs the Agreement. I, the undersigned, state that the above is the final description of the project I am submitting to the Department for CEQA review, leading to an agreement, and agree to implement the conditions above required by the Department as part of that project. I will not proceed with this project until the Department signs the agreement. I also understand that the CEQA review may result in the.addition of measures to the project to avoid, minimize, or compensate for significant environmental impacts: Operator's Name (Print): h+yf 6t Q., MLNt— Operator's Signature: Signed the (U day of V\-J , 20 Q to Page 6 of 4 Notification #1600-2006-093-3 Date prepared: Operator's initials L r • - '� — 20()Lc)- - For Department Use Only Notification Number: e 5 Date Received —TgDate Completed Fee Enclosed? Yes S-1—c: Q ❑No Action Taken/Notes G .3l-OA 0 m"j STATE OF CkLIFORNIA � �� e THE RESOURCES AGENCY Fish � DEPARTMENT OF FISH AND GAME G AR'C�n�,r„r AUG 0 .3 2006 NOTIFICATION:OF•LAKE OR STREAMBED ALTERATIO �- All fields must be completed unless otherwise indicated. l,,^(_, eAli v(:�: -�:N y011nwMe (See enclosures for instructions.) Notification Type ❑ Timber Harvesting Plan(No. ) ❑Water Application(No. ) ❑Commercial Gravel Extraction(No. ) ® Other Application Information Name Address Telephone/FAX Applicant: Heather Ballenger,Deputy 255 Glacier Drive Business:(925)313-2000 Director Martinez,CA 94553 Contra Costa County Public Fax: (925)313-2333 Works Department Operator: Contra Costa County Public "" Business:"" Works Department Fax: Contractor: Hess Construction(anticipated) Business: (if known) Fax: Contact Person: Leigh Chavez,Planner III 255 Glacier Drive Business: (925)313-2366 (if not applicant) Contra Costa County Public Martinez,CA 94553 Fax: (925)313-2333 Works Department Property Owner: Contra Costa County Business: (925)313-2000 Fax: Project Location Location Description: The project is located on the bridge over Marsh Creek at the entrance to the Marsh Creek Detention Center Facility south of Morgan Territory Road(Figures 1,2) County - -- Assessor's Parcel Number Contra Costa County N/A USGS Map Township Range Section Latitude/Longitude Antioch South O1N 0113 33 37053' 34" N / 121°51'42"W Name of River,Strearn,or Lake: Marsh Creek Tributary To? Delta(Big Break) orm FG2023 (Effective January 12,2004) NOTIFICATION OF LAKE OR STREAMBED ALTERATION (Continued) i-eafk2t-jBa", ck- Name of Applicant: Patch vlcNamee,Deputy Director,Contra Costa County Public Works Department Project Description Project Marsh Creek Bridge at the Marsh Creek Detention Center Facility Name: Start Date: 08/15/06 Completion 10/01/06 Project $35,000 Number of Stream Encroachments: Date: Cost: (Timber Harvesting Plans Only) Describe project below:(Attach separate pages if necessary) See Attachment A ® Continued on separate page(s) Attachments/Enclosures Attach or enclose the required documents listed below and check the corresponding boxes. ® Project Description ®Map showing project location, including distances and/or ® Construction plans and drawings directions from nearest city or town pertaining to the project Completed ®Notice of Exemption ❑Negative Declaration ❑Mitigated Negative Declaration CEQA documents: ❑Draft or Final Environmental Impact Report ❑Notice of Determination Copies of applicable ❑Local. Describe: local,State;or federal permits,agreements,or ❑State. Describe: other authorizations: I hereby certify that all information contained in this notification is true and correct and that I am authorized to sign this document.I understand that in the event this infomtation is found to be untrue or incorrect,I may be subject to civil or criminal prosecution and the Department may consider this notification to be incomplete and/or cancel any Lake or Streambed Alteration Agreement issued pursuant to this notification.I understand that this notification is valid only for the project described herein and that I maybe subject to civil or criminal prosecution for undertaking a project that differs from the one described herein,unless I.have notified the Department of that project in accordance with Fish and Game Code Section 1602. I understand that a Department representative may need to inspect the property where the project described herein will take place before issuing a Lake or Streambed Alteration Agreement pursuant to this notification.In the event the Department determines that a site inspection is necessary,I hereby authorize the Department to enter the property where the project described herein will take place to inspect the property at any reasonable time and certify that I am authorized to grant the Department permission to access the property. ❑I request the Departm to first contact me at(insert telephone number) to schedule a date and time to enter the property where the proj t escri a herein wil take plici and understand that this may delay the Department's evaluation of the roject described herein kk5 Y—� Ua cp Operator or ator's Representative Date Form F62023 (Effective January 12,2004)