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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: Mo Hatef,San Joaquin County Community Development Department From: Laurel Boyd,SJCOG, Inc. Date: February 20,2013 Local Jurisdiction Project Title: PA-1200231 (SA) Assessor Parcel Number(s): 209-110-06 Local Jurisdiction Project Number: PA-1200231 (SA) Total Acres to be converted from Open Space Use: 0.06 acres Habitat Types to be Disturbed: Natural Habitat Land Species Impact Findings: Findings to be determined by SJMSCP biologist. Dear Ms. Hatef: SJCOG, Inc. has reviewed application PA-1200231 (SA). This project includes a site approval application for a 100-foot tall monopole tower and related equipment. This project is located on the west side of Interstate 580, accessed on a private road from Hansen Road, then under the Freeway. (APN/Address: 209-110-06;26933 S. Hansen 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 California 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. 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: I. 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 ITMMs. If ITMMs are not signed within six months,the applicant must reapply for SJMSCP Coverage. Upon receipt of signed ITMMs from project applicant,SJCOG,Inc.staff will sign the ITMMs. This is the effective date of the ITMMs. 2. Under no circumstance shall ground disturbance occur without compliance and satisfaction of the ITMMs. 3. Upon issuance of fully executed ITMMs and prior to any ground disturbance,the project applicant must: a. Post a bond for payment of the applicable SJMSCP fee covering the entirety of the project acreage being covered(the bond should be valid for no longer than a 6 month period);or b. Pay the appropriate SJMSCP fm for the entirety of the project acreage being covered;or C. Dedicate land in-lieu of fees,either as conservation easements or fee title;or d. Purchase approved mitigation bank credits. 4. Within 6 months from the effective date of the ITMMs or issuance of a building permit,whichever occurs first,the project applicant must: a. Pay the appropriate SJMSCP for the entirety of the project acreage being covered;or b. Dedicate land in-lieu of fees,either as conservation easements or Cee title;or c. Purchase approved mitigation bank credits. Failure to satisfy the obligations of the mitigation fee shall subject the bond to be called.