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4.2 – Biological Resources Draft Environmental Impact Report February 2021 14800 W. Schulte Road Logistics Center 4.2-7 such small numbers throughout all or a significant portion of its range that it may become endangered if its environment worsens; or … [t]he species is likely to become endangered within the foreseeable future throughout all or a significant portion of its range and may be considered ‘threatened’ as that term is used in the federal Endangered Species Act.” Additionally, an animal or plant may be presumed to be endangered, rare, or threatened if it meets the criteria for listing, as defined further in CEQA Guidelines Section 15380(c). CEQA also requires identification of a project’s potentially significant impacts on riparian habitats (e.g., wetlands, bays, estuaries, and marshes) and other sensitive natural communities, including habitats occupied by endangered, rare, and threatened species. Local San Joaquin County Multi-Species Habitat Conservation and Open Space Plan The San Joaquin Multi-Species Habitat Conservation and Open Space Plan (SJMSCP) allows SJMSCP Permittees (San Joaquin Council of Governments; County of San Joaquin; and the cities of Escalon, Lathrop, Lodi, Manteca, Ripon, Stockton, and Tracy) to issue Incidental Take Permits or allows project applicants to mitigate for impacts to SJMSCP Covered Species resulting from open space land conversion resulting from covered projects. Once an Incidental Take Permit is issued, it allows the project applicant to unintentionally take a threatened or endangered species listed under FESA and CESA. Participation in the SJMSCP is voluntary for project applicants except when conditioned to participate by a permittee. Project applicants have four options to receive coverage, with approval by the San Joaquin Council of Governments (SJCOG 2000): • Pay the appropriate fee. A fee is assessed depending on which of the four habitats the project lies within. • Dedicate habitat lands as conservation easement or fee title. • Purchase mitigation bank credits from a mitigation bank approved by SJMSCP. • Propose an alter native mitigation plan, consistent with the goals of the SJMSCP and equivalent in biological value. The Project applicant has informally consulted with the San Joaquin Council of Governments regarding Project use of the SJMSCP, and received a listing of Incidental Take Minimization Measures that would be required in the event the Project is permitted through the SJMSCP. These include measures to prevent burrowing owl from occupying the site prior to construction, pre-construction surveys for burrowing owl, and a range of measures to minimize stressors to plant and wildlife species during construction. County of San Joaquin General Plan The County of San Joaquin General Plan provides specific protection for biological resources, as described in the following goals and policies applicable to the Project (County of San Joaquin 2016): Land Use Element Goal LU-2 Promote efficient development and land use practices in new development that provide for the protection of vital resources and enhancement of communities. Policy LU-2.8 Environmental Assessments and Mitigation: The County shall evaluate proposed new development projects for their potential environmental impacts and shall require all feasible mitigation of identified significant impacts. The County shall require, as appropriate, that projects for which an EIR is prepared the consideration of infill locations for new development in the alternatives evaluation.