ARCHIVED REPORTS_DRAFT ENVIRONMENTAL IMPACT REPORT

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The regulatory definition of a stream is a body of water that flows at least periodically or intermittently through a bed or channel having banks and supports wildlife, fish, or other aquatic life. This includes watercourses having a surface or subsurface flow that support or have supported riparian vegetation. DFG's jurisdiction within altered or artificial waterways is based on the value of those waterways to fish and wildlife. California Fish and Game Code Sections 3503-3503.5—Protection of Bird Nests and Raptors Section 3503 of the California Fish and Game Code states that it is unlawful to take,possess, or needlessly destroy the nest or eggs of any bird. Section 3503.5 specifically states that it is unlawful to take,possess, or destroy any raptors (i.e.,hawks, owls, eagles, and falcons),including their nests or eggs. Typical violations of these codes include destruction of active nests resulting from removal of vegetation in which the nests are located. Violation of Section 3503.5 could also include failure of active raptor nests resulting from disturbance of nesting pairs by nearby project construction. Regional and Local Plans, Policies, Regulations, and Ordinances San Joaquin County Multi-Species Habitat Conservation and Open Space Plan The San Joaquin County Multi-Species Habitat Conservation and Open Space Plan (SJMSCP)provides a strategy for balancing the desires to conserve open space,maintain the agricultural economy, and allow development in San Joaquin County. It was developed to avoid,minimize, and mitigate impacts on plant and wildlife habitat projected to exist in the county between 2001 and 2051,resulting from the anticipated conversion of as much as 109,300 acres of open space land to non-open space uses(San Joaquin County 2000).Ninety-seven species are covered by the SJMSCP,which is intended to provide comprehensive mitigation,in accordance with federal, state, and local regulations, for impacts on these species from SJMSCP-permitted activities. USFWS and DFG participated in development of the SJMSCP, approved the mitigation, and agreed to issue incidental take permits for species and activities covered by the SJMSCP. Therefore,participation in the SJMSCP confers authorization for activities that result in(or may result in)incidental take of covered federally listed or state-listed species, as well as other covered but nonlisted sensitive species that may otherwise require a federal or state incidental take authorization. The approach of the SJMSCP is to minimize the potential for take through implementation of take avoidance and minimization measures and compensation for incidental take and habitat conversion through payment of fees(or in-lieu land dedication) for conversion of open space lands. These fees shall be used to preserve and create natural habitats to be managed in perpetuity through the establishment of habitat preserves. Participation in the SJMSCP is voluntary for local jurisdictions and project proponents. The City of Manteca adopted the SJMSCP on February 5,2001, and has signed the implementation agreement. Therefore, a Section 10(a)(1)(B)permit was issued by USFWS to the City. This Section 10 permit also makes up a special-purpose permit for species covered by the federal Migratory Bird Treaty Act(MBTA). A Section 2081 permit was also issued by DFG to the City of Manteca. Because of the City's participation in the SJMSCP and issuance of these permits,project proponents within the City's jurisdiction(including the City)have the opportunity to seek coverage under the SJMSCP. The City is committed to obtaining coverage under the SJMSCP to mitigate project impacts and obtain incidental take authorization for SJMSCP-covered species under the City's Section 10(a) and Section 2081 permits. The Section 10(a)permit also serves as a special-purpose permit for the incidental take of those species that are also covered under the MBTA. Coverage under the SJMSCP would fully mitigate all impacts on special-status wildlife species addressed in this section. Impacts on sensitive habitats (e.g.,waters of the United States) and protected trees are not covered by the SJMCSP. Manteca WQCF and Collection System Master Plans EIR EDAW City of Manteca 4.5-25 Terrestrial Biological Resources