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4. ENWRONMENTAL ANALYSIS 4.9 BIOLOGICAL RESOURCES --- permit by CDFG. White-tailed kite(Elanus leucurus)is a fully protected species with the potential to be affected by the Proposed Project. CDFG maintains lists for Candidate-Endangered Species(SCE)and Candidate-Threatened _ Species(SCT). California candidate species are afforded the same level of protection as listed species. California also designates Species of Special Concern(CSC) which are species of limited distribution, declining populations,diminishing habitat,or unusual scientific,recreational, or educational value. These species do not have the same legal protection as listed species or fully protected species,but may be added to official lists in the future. The CSC list is intended by CDFG as a management tool for consideration in future land use decisions. The state's authority in regulating activities in"waters of the U.S."resides primarily with the CDFG and the SWRCB. CDFG provides comments on ACOE permit actions under the Fish and — Wildlife Coordination Act. CDFG is also authorized under the California Fish and Game Code Sections 1600-1607 to develop mitigation measures and enter into Streambed Alteration Agreements with applicants who propose projects that would obstruct the flow of,or alter the bed,channel, or bank of a river or stream in which there is a fish or wildlife resource,including intermittent and ephemeral streams. The SWRCB,acting through the RWQCB,must certify that an ACOE permit action meets state water quality objectives (Section 401,Clean Water Act). Although threatened and endangered species are protected by specific federal and state statutes, CEQA Guidelines Section 15380(d)provides that a species not listed on federal or state lists of protected species may be considered rare or endangered if the species can be shown to meet certain specified criteria. These criteria have been modeled after the definition in the FESA and the section of the California Fish and Game Code dealing with rare or endangered plants and animals. Section 15380(d)allows a public agency to undertake a review to determine if a significant effect on species that have not yet been listed by either the USFWS or CDFG(i.e., — candidate species)would occur. Thus,CEQA provides an agency with the ability to protect a species from a project's potential impacts until the respective government agencies have an opportunity to designate the species as protected,if warranted. — SAN JOAQUIN COUNTY MULTI-SPECIES HABITAT CONSERVATION AND OPEN SPACE PLAN The San Joaquin County Multi-Species Habitat Conservation and Open Space Plan (SJMSCP) (San Joaquin Council of Governments,2000)provides a strategy for balancing the need to conserve open space and the need to convert open space to non-open space use while providing for the long-term management of plant,fish and wildlife species. Special emphasis is given to species that are currently listed, or may be listed in the future under the FESA or the CESA. The SJMSCP is a 50-year plan and will be in effect until the year 2049. The SJMSCP is implemented by a Joint Powers Authority(JPA). The JPA is responsible for conducting all required preconstruction surveys,informing an applicant of"Incidental Take"minimization measures, — confirming that"Incidental Take"minimization measures have been implemented prior to site- RMC Pacific Vernalis Quarry Mining and Reclamation Project 4.9-8 ESA/703015 Administrative Dian EIR March 2004