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S J C O G, Inc. 555 East Weber Avenue • StocktoM CA 95202 • (209)235-0600 • FAX(209)235-0438 San Joaquin County Multi-Species Habitat Conservation&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: Kimberly Juarez, SJCOG, Inc. Date: September 27,2011 Local Jurisdiction Project Title: PA-1100160 Assessor Parcel Number(s): 061-133-28 Local Jurisdiction Project Number: PA- 1100160 Total Acres to be converted from Open Space Use: Unknown Habitat Types to be Disturbed: Multi-Purpose Habitat Land Species Impact Findings: Findings to be determined by SJMSCP biologist. Dear Ms. Hatef: SJCOG, Inc. has reviewed application PA- 1100160. This project includes a Use Permit application to convert an existing off-site wine cellar into a medium sized winery to be built in four phases over a fifteen-year period. Phase one, to be completed in 18 months, includes the reconditioning of an existing 800 square foot patio cover and the construction of a 516 square foot wine tasting room expansion to an existing off-site wine cellar building and crush pad. Phase two, to be completed in five years, includes the construction of a 20,000 square foot processing and storage building. Phase three, to be completed in ten years, includes the construction of a 20,000 square foot barrel storage building. (37) thirty-seven marketing events per year are also proposed, which is an increase of(13) thirteen events of the previously approved (24) twenty-four marketing events for the off-site wine cellar. 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.sjc .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 • Sign and Return Incidental Take Minimization Measures to SJMSCP staff(given to project applicant after pre-construction survey is completed) • Pay appropriate fee based on SJMSCP findings. Fees shall be paid in the amount in effect at the time of Issuance of Building Permit • Receive your Certificate of Payment and release the required permit It should be noted that if this project has any potential impacts to waters of the United States[pursuant to Section 404 Clean Water Act], it would require the project to seek voluntary coverage through the unmapped process under the SJMSCP which could take up to 90 days. It may be prudent to obtain a preliminary wetlands map from a qualified consultant. If waters of the United States are confirmed on the project site, the Corps and the Regional Water Quality Control Board (RWQCB) would have regulatory authority over those mapped areas[pursuant to Section 404 and 401 of the Clean Water Act respectively]and permits would be required from each of these resource agencies prior to grading the project site.