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Draft Supplemental Environmental Impact Report Page IV.F-24 Forward Inc. Landfill 2018 Expansion Project against"take" of native plants does not apply to "the removal of endangered or rare native plants from a canal, lateral ditch,building site,or road, or other right-of-way by the owner of the land or his agent, or the performance by a public agency or a publicly or privately owned public utility of its obligation to provide service to the public" where the landowner at issue has notified CDFW "at least 10 days in advance of changing the land use to allow for salvage of ' such plant" and CDFW fails to avail itself of the opportunity to remove the plants44 The CFGC45 makes it illegal to take,possess, or needlessly destroy the nest or eggs of any bird except as otherwise provided under the code. The CFGC prohibits the take,possession, or needless destruction of any nests,eggs or birds in the orders Falconiformes(new world vultures,hawks, eagles, ospreys and falcons, among others) or Strigiformes (owls)".the take or ' possession of fully protected birds47, and the take or possession of any migratory nongame bird or part thereof as designated in the MBTA48. The Significant Natural Areas Program49 was established to encourage the cooperation of federal,state,local, and private sectors, including private organizations and individuals, in efforts to maintain areas containing diverse ecological and geological characteristics,which are vital to the continual health and well-being of the state's natural resources and of its citizens. Regional Water Quality Control Board Pursuant to the Clean Water Act50 and the guidelines of the U.S. Environmental Protection Agency (USEPAsl), an applicant for a federal permit to conduct any activity that may result in discharge into navigable waters must provide a certification from the Regional Water Quality Control Board (RWQCB)that such discharge would comply with the state water quality standards.52 The RWQCB focuses on ensuring that projects do not adversely affect the ' "beneficial uses" associated with waters of the State.53 In most cases,the RWQCB seeks to protect these beneficial uses by requiring the integration water quality control measures into projects that could result in discharge into waters of the State. Under the Porter-Cologne Water Quality Control Act"'the RWQCB is authorized to regulate the discharge of waste that could affect the quality of the State's waters. "Waste" is broadly defined by the Porter-Cologne Act to include "sewage and any and all other waste substances, 44 CFGC Section 1913 4s CFGC Section 3503 4a CFGC Section 3503.5 4'CFGC Section 3511 48 CFGC Section 3513 49 CFGC Section 1930-1940 ' s°CWA,Section 401 si CWA Section 404(b)(1) sz CCR Title 23,Sections 3830,et seq. ss Waters of the State are defined as"any surface water or groundwater,including saline waters,within the boundaries of the state." (California Water Code Section 13050(e).)These waters include nearly every and all surface or ground water in the state,or tributaries thereto,and include drainage features outside USACE jurisdiction(e.g.,dry and ephemeral/seasonal stream beds and channels,etc.,isolated wetlands such as vernal pools,seeps,springs and other groundwater-supplied wetlands,etc.,and storm drains and flood control channels. s4 Cal.Water Code Sections 13000-14920