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CDFW may also act as a Responsible Agency under CEQA. (Pub. Resources Code, § 21069; CEQA Guidelines, § 15381.) CDFW expects that it may need to exercise regulatory authority as provided by the Fish and Game Code. As proposed, for example, the Project may be subject to CDFW's lake and streambed alteration regulatory authority. (Fish & G. Code, § 1600 et seq.) Likewise, to the extent implementation of the Project as proposed may result in "take" as defined by State law of any species protected under the California Endangered Species Act (CESA) (Fish & G. Code, § 2050 et seq.), the project proponent may seek related take authorization as provided by the Fish and Game Code, PROJECT DESCRIPTION SUMMARY The Project site is located on the southeast corner of Arch Airport Road and Quantas Lane; Approximate Address: 4926 Qantas Lane, Stockton, CA 95206; in the County of San Joaquin; Latitude: 37.904418, Longitude: -121.229480 (WGS 84 datum, decimal degrees), Assessor's Parcel Number 177-260-47. The Project consists of a zoning compliance review application to construct a combination fueling station for automobiles and trucks to include two (2) fueling canopies totaling 10,221 square feet with 22 fueling stations and a 5,982 square feet convenience store. The proposal is for construction of facilities that operate 24 hour/day, 7 days a week with an average total of 17-20 employees. The project will consist of the installation of underground storage tanks and a recreational vehicle waste dump station. Access to the site will be from Quantas Lane and Arch Airport Road. This project will receive water, sewer, and storm water drainage services from San Joaquin County. COMMENTS AND RECOMMENDATIONS CDFW offers the comments and recommendations below to assist the San Joaquin County Community Development Department in adequately identifying and, where appropriate, mitigating the Project's significant, or potentially significant, direct and indirect impacts on fish and wildlife (biological) resources. Based on the potential for the Project to have a significant impact on biological resources, CDFW concludes that a Mitigated Negative Declaration is appropriate for the Project. CDFW is primarily concerned with the project impacts to special status-species including but not limited to Swainson's hawk (Buteo swainsonr), and burrowing owl (Athene cunicularia). COMMENT 1: Swainson's hawks (Buteo swainsoni). Issue: Arieal imagery suggests that the proposed project site in its current state is an open, undeveloped lot with grass which Swainson's hawks are known to use as foraging habitat. Areas adjacent to the project site provide mature trees which can potentially be nesting sites for Swainson's hawks. The California Natural Diversity Database (CNDDB) holds 40 records of Swainson's hawks in a 5-mile radius of the project site. Swainson's hawk is listed as a threatened species under CESA and has additional protection under the Migratory Bird Treaty Act (META) and Fish and Game Code sections 3503 and 3503.5. Therefore, impacts to Swainson's hawk may be considered potentially significant unless adequate mitigation is incorporated. Habitat loss has greatly reduced their range and abundance in California in the last century (CDFW 2016, California Department of Conservation, 2011; Wilcove et al. 1986; Semlitsch and Bodie 1998). In the Central Valley, Swainson's hawks forage more often in mixed agricultural lands that support 3