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7 S J C O G, Inc. 555 East Weber Avenue • Stockton,CA 95202 • (209)235-0600 • FAX(209)235-0438 San Joaquin County Multi-Species Habitat Conservation£d Open Space Plan(SJMSCP) SJMSCP RESPONSE TO LOCAL JURISDICTION(RTLJ) ADVISORY AGENCY NOTICE TO SJCOG,Inc. To: Stephanie Stowers,San Joaquin County Community Development Department From: Laurel Boyd,SJCOG,Inc. Date: April 25,2013 Local Jurisdiction Project Title: PA-1300054 Assessor Parcel Number(s): 252-100-01,-02 Local Jurisdiction Project Number: PA-1300054 Total Acres to be converted from Open Space Use: 48.58 acres Habitat Types to be Disturbed: Urban Habitat Land Species Impact Findings: Findings to be determined by SJMSCP biologist. Dear Ms. Flowers: SJCOG, Inc. has reviewed application PA-1300054. This includes a Minor Subdivision application and Lot Line Adjustment between two parcels to create two parcels and a designated remainder. Parcel 1 to contain a 4.53-acre homesite parcel. Parcel 2 to contain 10.00 acres. The designated remainder parcel to contain 36.47 acres. The project is located on the west side of Banta Road, 5,300 feet north of Linne Road, east of Tracy(APN/Address: 252-100-01, -02; 26781 S. Banta Road,Tracy). San Joaquin County is a signatory to San Joaquin County Multi-Species Habitat Conservation and Open Space Plan (SJMSCP). Participation in the SJMSCP satisfies requirements of both the state and federal endangered species acts, and ensures that the impacts are mitigated below a level of significance in compliance with the Califomia Environmental Quality Act (CEQA). The LOCAL JURISDICTION retains responsibility for ensuring that the appropriate Incidental Take Minimization Measure are properly implemented and monitored and that appropriate fees are paid in compliance with the SJMSCP. Although participation in the SJMSCP is voluntary, Local Jurisdiction/Lead Agencies should be aware that if project applicants choose against participating in the SJMSCP, they will be required to provide alternative mitigation in an amount and kind equal to that provided in the SJMSCP. At this time the applicant is requesting a Major Subdivision with no ground disturbance. Any future structures that require ground disturbance on this or subsequent divided parcels will be subject to participate in the SJMSCP and should be resubmitted to this agency. Current or future owners of this—or subdivided properties should be made aware of the conditions that are placed by the SJMSCP on future development on the created parcels. This project is subject to the SJMSCP and is located within the unmapped land use area. Per requirements of the SJMSCP, unmapped projects are subject to case-by-case review. This can be a 90 day process and it is recommended that the project applicant contact SJMSCP staff as early as possible. It is also recommended that the project applicant obtain an information package. http://www.sjcog.org After this project is approved by the Habitat Technical Advisory Committee and the SJCOG Inc. Board, the following process must occur to participate in the SJMSCP: • Schedule a SJMSCP Biologist to perform a pre-construction survey prior to any ground disturbance • SJMSCP Incidental take Minimization Measures and mitigation requirement: 1. Incidental Take Minimization Measures(ITMMs)will be issued to the project and must be signed by the project applicant prior to any ground disturbance but no later than six(6)months from receipt of the frMMs. If rfMMs are not signed within six months,the applicant must reapply for SJMSCP Coverage. Upon receipt of signed ITMMs from project applicam,SJCOG,Inc.staff will sign the ITMMs. This is the effective date critic ITMMs. 2. Under no circumstance shall ground disturbance occur without compliance and satisfaction ofthe r'MMs. 3. Upon issuance of fully executed ITMMs and prior to any ground disturbance,the project applicant must: