ARCHIVED REPORTS_DRAFT ENVIRONMENTAL IMPACT REPORT

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Loggerhead shrikes (Lanius ludovicianus) inhabit lowland and foothill areas with scattered shrubs and trees. They also nest in shrubs and small trees and typically forage in grasslands and agricultural fields. Loggerhead shrike foraging and nesting habitat is present throughout the project area. Sensitive Habitats Sensitive habitats include those that are of special concern to resource agencies; are addressed in regional and local plans,policies, and ordinances; or are afforded specific consideration through CEQA, Section 1602 of the California Fish and Game Code,the Porter Cologne Act,and/or Section 404 of the Clean Water Act(CWA). The sparse riparian forest and scrub vegetation present at the location of the proposed outfall structure and the freshwater marsh habitat within the French Camp Outlet Canal and its tributaries and west of the WQCF treatment pond could be considered sensitive habitat by regulatory agencies.Any seasonal wetlands or vernal pools that might exist in annual grassland habitat in the project area would also be considered sensitive habitat by regulatory agencies. The San Joaquin River is a navigable water of the United States under the jurisdiction of the U.S. Army Corps of Engineers (USAGE), and the French Camp Outlet Canal and its tributaries may qualify as jurisdictional waters of the United States. The proposed pipeline routes for the wastewater collection system and recycled-water distribution system would cross irrigation ditches that are likely not jurisdictional waters of the United States. These irrigation ditches do not have connectivity to a navigable water of the United States. In addition,the irrigation ditches do not support wetland vegetation that is well developed enough to qualify as freshwater marsh habitat. Oak trees are protected under Sections 17.61.030 and 17.19.060 of the City Municipal Code. Other trees in the project area that would be affected by project implementation could be eligible for protection under Sections 17.19.060 and 12.08.07 of the City Municipal Code if they have a diameter of 6 inches or more when measured 4.5 feet about the ground. REGULATORY SETTING Biological resources in California are protected and/or regulated by a variety of federal and state laws and policies. In addition,in many parts of California,there are local or regional habitat and species conservation planning efforts in which a project applicant may participate. Key regulatory and conservation planning issues applicable to the project are discussed below. Federal Plans, Policies, Regulations, and Laws Clean Water Act Section 404 of the CWA requires that an applicant obtain a permit before conducting any activity that involves any discharge of dredged or fill material into waters of the United States, including wetlands. Waters of the United States include navigable waters of the United States,interstate waters, all other waters where the use or degradation or destruction of the waters could affect interstate or foreign commerce,tributaries to any of these waters, and wetlands that meet any of these criteria or that are adjacent to any of these waters or their tributaries. Wetlands are defined as those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Jurisdictional wetlands must meet three wetland delineation criteria: hydrophytic vegetation,hydric soil types, and wetland hydrology. Many surface waters and wetlands in California meet the criteria for waters of the United States, including intermittent streams and seasonal lakes and wetlands. Pursuant to Section 404 of the CWA,USACE regulates and issues permits for activities that involve the discharge of dredged or fill materials into waters of the United States. Manteca WQCF and Collection System Master Plans EIR EDAW City of Manteca 4.5-23 Terrestrial Biological Resources