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material from the streambeds,without first notifying DFG of such activity. "Stream"is defined as a body of water that flows at least periodically or intermittently through a bed or channel having banks and that supports fish or other aquatic life. This includes watercourses having a surface or subsurface flow that supports or has supported riparian vegetation. DFG's jurisdiction within altered or artificial waterways is based on the value of those waterways to fish and wildlife. A DFG Streambed Alteration Agreement must be obtained for any project that would result in an impact _ on a river,stream,or lake. Section 401—Water-Quality Certification _ Under Section 401 of the CWA, an applicant for a Section 404 permit must obtain a certificate from the appropriate state agency stating that the fill is consistent with the state's water-quality standards and criteria. In California,the authority to grant water-quality certification is delegated by the State Water Resources Control Board(SWRCB)to the nine regional boards. Each of the nine Regional Water Quality Control Boards (RWQCBs)must prepare and periodically update water quality control basin plans pursuant to the Porter- Cologne Act. Each basin plan sets forth water-quality standards for surface water and groundwater, as well as - actions to control nonpoint and point sources of pollution to achieve and maintain these standards. Basin plans offer an opportunity to achieve wetland protection based on water quality objectives(see Section 4.8,"Water Quality"). Under the Porter-Cologne Act,wetlands and drainages that are considered waters of the United States are often classified as waters of the state. California Fish and Game Code Sections 3503-3503.5-Protection of Bird Nests and Raptors _ Section 3503 of the California Fish and Game Code states that it is unlawful to take,possess, or needlessly destroy the nest or eggs of any bird. Section 3503.5 of the California Fish and Game Code specifically states that it is unlawful to take,possess,or destroy any raptors (i.e.,owls,hawks, kites, falcons, and eagles),including their nests or eggs. Typical violations of these codes include destruction of active nests resulting from removal of vegetation in which the nests are located. Violation of Section 3503.5 could also include failure of active raptor nests resulting from disturbance of nesting pairs by nearby project construction. - Protection of fully protected species is described in four sections of the Fish and Game Code that list 37 fully protected species(California Fish and Game Code Sections 3511,4700, 5050, and 5515). These statutes prohibit _ take or possession at any time of fully protected species. DFG is unable to authorize incidental take of fully protected species when activities are proposed in areas inhabited by those species. DFG has informed nonfederal agencies and private parties that they must avoid take of any fully protected species in carrying out projects. _ REGIONAL AND LOCAL REGULATIONS San Joaquin County General Plan 2010 The San Joaquin County General Plan contains the following biological resources policies that are applicable to the proposed project. Resources Element--Open-Space(Policy Af 11). Open-space resources in Table VI-1 (of the General Plan) shall be protected as indicated. These open-space resources include,but are not limited to,riparian habitat, riparian - woodland,wetlands, significant oak groves,habitat for threatened,rare,or endangered species,vernal pools, and heritage trees. Resources Element—Fish and Wildlife Habitat(Policy Gf1-161—Resources Protection and Management). The following resource-protection and management policies shall apply: Policy G(1). Resources of significant biological and ecological importance in San Joaquin County shall be protected. These include: wetlands; riparian areas; rare,threatened and endangered species and their habitats EDAW College Park at Mountain House Specific Plan III Draft EIR Biological Resources 4.10-14 San Joaquin County