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MOUNTAIN HousE PROPOSED ALTAMONT HEIGHTS TENTATIVE MAP 4. ENVIRONMENTAL CHECKLIST 4.4 BIOLOGICAL REsouRcEs SPIIIEIR includes mitigation measures that are discussed above based.largely on implementation of the SJMSCP- The SJMSCP provides Incidental Take Minimization Measures, such as setbacks from nesting areas during construction, to reduce the construction impacts on special—status species. The proposed project involves large cuts and fills to k. construct an essentially flat site for residential development(Siegfried Engineering,2006). Therefore, construction would have to be limited to times of the year when special status 1 species are not nesting on the project site. Pre-construction surveys in compliance with the i SJMSCP would be required. The mitigation measures proposed in the MEIR and the SPIIIEIR are sufficient to make potential impacts on sensitive species less than significant. Mitigation Measures No additional mitigation measures are required. b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans,policies, regulations, or by the California Department of Fish and Game or U.S. Fish.and Wildlife Service? Refer to the discussion of Itcm c)below. The Corps of Engineers does not consider the water in the drainage swale to be a water of the United States subject to Section 404 of the Clean Water Act; however, the Corps' decision does not apply to other federal, state and local laws (Guthrie, 2006). The swale is a wetland feature that would be considered water of the State of California as defined by the California Water Code Section 13260(a)(I). The California Department of Fish and Game(CDFG)may require a streambed alteration agreement. San Joaquin County Community Development Department(SJCCDD)will require that the applicant submit a Notification Packet to CDFG as a condition of approval for the proposed project. If after receipt of the Notification Packet, CDFG-determines that a Streambed Alteration Permit is needed, SJCCDD will require as part of said condition that the permit be obtained prior to approval of the final map and prior to approval of the subdivision improvement plans. A 1968 aerial photograph shows that the densely vegetated, willow-dominated, riparian scrub habitat did not exist in the swale at that time(EIP Associates, 2006a,Figure 4). The swale was an ephemeral watercourse that conveyed surface water only as a result of significant storms. The riparian scrub habitat did not exist in 1968. The wetland in the swale only exists because of the seepage from the California Aqueduct located to the southwest of the project site. Nevertheless, a wetland now exists as defined by the California Water Code. Specific Plan III states that a Wetlands Management Plan is required for every Specific Plan area that includes wetlands. The plan must include setbacks for structures from wetlands. Specific Plan III also states that wetland mitigation shall provide for creation of wetlands to replace those that would be lost. Mitigation shall occur within the Specific Plan III area adjacent to, and contiguous with, other preserved wetlands (EDAW, 2006a, Section 7.3.4). However, with the elimination of the wetland on the project site,there would be no preserved wetland in the Specific Plan III area. Consequently, per the Master Plan(Section 7.3.6, Implementation (b)), mitigation for wetlands that would be lost shall occur within the Mountain House Restoration Plan. 4-20