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<br /> Draft Supplemental Environmental Impact Report Page IV.F-22
<br /> Forward Inc.Landfill 2018 Expansion Project
<br /> Habitat Tyke Fees29
<br /> Multi-Purpose Open Space $9,701 per acre
<br /> Natural $19,400 per acre
<br /> Agriculture $19,400 per acre
<br /> Vernal Pool—uplands $72,523 per acre '
<br /> Vernal Pool-wetted $116,871 per acre
<br /> However,participation in the SJMSCP does not satisfy the requirements of the USACE,
<br /> RWQCB, CDFW pertaining to impacts to surrounding waterways,wetlands,creeks, channels
<br /> and streambed alteration;permits for these impacts must be obtained separately.Similarly,
<br /> participation in the SJMSCP does not address potentially significant impacts to non-covered '
<br /> species. Covered versus non-covered species potentially affected by project implementation are
<br /> summarized in Table IV.F.1.
<br /> In most cases, projects participating in the SJMSCP experience can streamline the process of
<br /> complying with endangered species laws and reduce the cost of mitigating compared with the
<br /> undertaking of separate negotiations with each regulatory agency. Participation in the SJMSCP '
<br /> does not,however, satisfy the requirements of the USACE,RWQCB or CDFW pertaining to
<br /> impacts to stream courses or wetlands;permits for these impacts must be obtained separately,
<br /> as discussed below.
<br /> Forward applied for the consolidated landfill to be included under the provisions of the
<br /> SJMSCP. Forward's application was approved by the Technical Advisory Committee of the San
<br /> Joaquin Council of Governments (SJCOG) on April 10,2002, and by the SJCOG's Board on April
<br /> 25,2002. Therefore, provisions of the SJMSCP apply to future landfill development at the site.
<br /> California Department of Fish and Wildlife r
<br /> Habitats potentially falling under the regulatory jurisdiction of CDFW are described in the
<br /> CFGC30. Absent a"Lake and Streambed Alteration agreement," as amended in 2003,CFGC
<br /> Section 1602 provides that "[a]n entity may not substantially divert or obstruct the natural flow
<br /> of, or substantially change or use any material from the bed, channel, or bank of, any river,
<br /> stream, or lake, or deposit or dispose of debris,waste, or other material containing crumbled,
<br /> flaked, or ground pavement where it may pass into any river, stream, or lake[.]" The CDFW
<br /> has traditionally taken a broad view of its jurisdiction under this statute and its predecessors,
<br /> asserting that the definition of"stream," as used in this context, includes "intermittent and
<br /> ephemeral streams,rivers, creeks, dry washes, sloughs,blue-line streams, and watercourses
<br /> with subsurface flows. Canals, aqueducts, irrigation ditches, and other means of water
<br /> conveyance can also be considered streams if they support aquatic life,riparian vegetation,or
<br /> stream-dependent terrestrial wildlife". The proposed relocation of 3000 feet of the South
<br /> Branch of the South Fork of Littlejohn's Creek to a new 3200 foot channel would require
<br /> issuance of a Lake and Streambed Alteration Agreement from the CDFW.
<br /> z9 2018 Updated Habitat Fees:http://www.sjcog.org/DocumentCenter/View/3220/2018-Fees-and-
<br /> Endowment
<br /> so Division 2,Chapter 6,Sections 1600-1607
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