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r California Natural Resources ,ncy ARNOLD SCHWA' 7NEGGER. Govemor ti DEPARTMENT OF FISH AND GAME .IOHNMcC.4rVlMON,ActingDirectar North Central Region 1 ; 1701 Nimbus Road, Suite A Rancho Cordova, CA 95670-4599 916-358-2900 RECEIVED htt alwuvw.df .ca. ov �-- 9- 9 DEC 0 4 2009 December 2, 2009 John Funderberg Community Development Dept. San Joaquin County Community Development Department Development Service Division 1810 East.Hazelton Avenue Stockton, CA 95205 Dear Mr. Funderberg: The Department of Fish and Game (DFG) has reviewed the proposed Site Approval application. (FA-0400479 (SA)): The project consists of a pian to construct a private residence. The project is located at the western end of Acampo Road on the Mokelumne River in San Joaquin County. Wildlife habitat resources consist of riparian habitat along the right bank of the Mokelumne River. Significant natural resources of the project include habitat for sensitive species. Following are our concerns: 1 The project referral shows a man-made lake immediately adjacent to the east bank of the Mokelumne River. We are concerned that during high flows on the Mokelumne, the river may overtop its banks and enter the man-made lake thereby creating a "fish-trap". The Mokelumne River provides habitat for the Federal and State-listed Chinook salmon (Oncorhynchus tshawytscha) and steelhead trout (Oncorhynchus mykiss). The conditions noted above have the potential for take of these listed species. Activities resulting in the unavoidable take of a state-listed plant or animal species require the project proponent to obtain a permit from DFG pursuant to Section 2081 of the California Department of Fish and Game Code. The agreement would require that all feasible avoidance mechanisms be employed. Unavoidable impact must be fully mitigated. Similar provisions apply under the Federal Endangered Species Act, 2. DFG routinely recommends that projects be designed to avoid impacts to riparian habitat. Our recommendations state that riparian.habitat along perennial streams (Mokelumne River) should be protected by no less than a 100-foot setback buffer. An appropriate riparian setback appears infeasible given the project's present configuration. Therefore, we recommend that the project be redesigned to afford a 100 foot setback from the Mokelumne River or the greatest riparian habitat set back possible. 3. The applicant should be advised that it may be necessary to obtain a Lake or Streambed Alteration Agreement (LSAA) under section 1600 et seq. of the Fish and Game Code. Impacts triggering regulation by the DFG under these provisions of the Fish and Game Code typically result from activities that: Divert,.obstruct, or change the natural flow or the bed, channel, or bank of any river, stream, or lake; Conserving Caffornia's Wifdffe Since 1870