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State of California—Natural Resources Agency — GAVIN NEWSOM,Governor <br /> 01DEPARTMENT OF FISH AND WILDLIFE CNARITON H.BONHAM,Dfrocfor <br /> Bay Delta Region G` lw <br /> 2825 Cordelia Road,Suite 100 <br /> Fairfield,CA 94534 ,,,r""",, <br /> (707)428-2002 <br /> www.wiidiife,ca.nov <br /> February 11,2020 <br /> Ms.Alisa Goulart <br /> San Joaquin County <br /> Community Development Department <br /> 1810 East Hazelton Avenue <br /> Stockton,CA 95205 <br /> Subject: PA-1900127(UP)Use Permit Religious Assembly Expansion Project,Initial <br /> Study/Mitigated Negative Declaration,SCH#2020019058,City of Tracy,San <br /> Joaquin County <br /> Dear Ms.Goulart: <br /> The California Department of Fish and Wildlife(CDFW)received an Initial Study/Mitigated <br /> Negative Declaration(IS/MND)from the San Joaquin County Community Development <br /> Department for the PA-1900127(UP)Use Permit Religious Assembly Expansion Project <br /> (Project)pursuant the California Environmental Quality Act(CEQA)and CEQA Guidelines.' <br /> Thank you for the opportunity to provide comments and recommendations regarding those <br /> activities involved in the Project that may affect California fish and wildlife.Likewise,we <br /> appreciate the opportunity to provide comments regarding those aspects of the Project that <br /> CDFW,by law,may be required to carry out or approve through the exercise of its own <br /> regulatory authority under the Fish and Game Code, <br /> CDFW ROLE <br /> CDFW is California's Trustee Agency for fish and wildlife resources,and holds those resources <br /> in trust by statute for all the people of the State,[Fish and Game Code,§§711.7,subd.(a)and <br /> 1802;Pub,Resources Code,§21070;CEQA Guidelines§15386,subd.(a)].CDFW,in its <br /> trustee capacity,has jurisdiction over the conservation,protection,and management of fish, <br /> wildlife,native plants,and habitat necessary for biologically sustainable populations of those <br /> species.(1d.,§1802).Similarly,for purposes of CEQA,CDFW is charged by law to provide,as <br /> available,biological expertise during public agency environmental review efforts,focusing <br /> specifically on projects and related activities that have the potential to adversely affect fish and <br /> wildlife resources. <br /> CDFW is also submitting comments as a Responsible Agency under CEQA.(Pub.Resources <br /> Code,§21069;CEQA Guidelines,§15381).CDFW expects that it may need to exercise <br /> regulatory authority as provided by the Fish and Game Code.As proposed,for example,the <br /> Project may be subject to CDFW's lake and streambed alteration regulatory authority.(Fish and <br /> Game Code,§1600 et seq.).Likewise,to the extent implementation of the Project as proposed <br /> may result In"take"as defined by State law of any species protected under the California <br /> 'CEQA is codified in the California Public Resources Code in section 21000 el seq, The'CEQA Guidelines"are <br /> found In Title 14 of the California Code of Regulations,commencing with section 15000. <br /> Conserving Caffornia's Wi'Cdffe Since 1870 <br />