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Draft Environmental Impact Report Page IV.H-18
<br /> Forward Inc. Landfill Expansion Project
<br /> Habitats potentially falling under the regulatory jurisdiction of CDFG are described in the
<br /> CFGC33. Absent a "Lake and Streambed Alteration agreement," as amended in 2003, CFGC
<br /> Section 1602 provides that "[a]n entity may not substantially divert or obstruct the natural flow
<br /> of, or substantially change or use any material from the bed, channel, or bank of, any river,
<br /> stream, or lake, or deposit or dispose of debris, waste, or other material containing crumbled,
<br /> flaked, or ground pavement where it may pass into any river, stream, or lake[.]" The CDFG has
<br /> traditionally taken a broad view of its jurisdiction under this statute and its predecessors,
<br /> asserting that the definition of"stream," as used in this context, includes "intermittent and
<br /> ephemeral streams, rivers, creeks, dry washes, sloughs,blue-line streams, and watercourses
<br /> with subsurface flows. Canals, aqueducts, irrigation ditches, and other means of water
<br /> conveyance can also be considered streams if they support aquatic life, riparian vegetation, or
<br /> stream-dependent terrestrial wildlife". No such habitats or landscape features are present
<br /> within the study area.
<br /> Other sections of the CFGC protect various groups of wildlife species,including fish,
<br /> crustaceans, mollusks, birds, mammals, reptiles, and amphibians.
<br /> The CESA34 includes provisions for the protection and management of species listed by the State
<br /> as endangered or threatened or designated as candidates for such listing. The CESA states that
<br /> "it is the policy of the state that state agencies should not approve projects as proposed which
<br /> would jeopardize the continued existence of any endangered species or threatened species or
<br /> result in the destruction or adverse modification of habitat essential to the continued existence
<br /> of those species"33. The CESA also contains a general prohibition, applicable generally and not
<br /> just to state agencies, against the "take" of listed species absent approval of an Incidental Take
<br /> Permit or, in the case of plants,except in conformity with the California Native Plant Protection
<br /> Act (CNPPA36)and the California Desert Native Plants Act (CDNPA37). The California Fish and
<br /> Game Commission has formally listed plant and animal species as endangered,threatened, or
<br /> rare3g.
<br /> State law also prohibits the take, possession, purchase or sale of protected furbearers (14 CCR .
<br /> Section 460). Additionally,the CDFG maintains lists of"Species of Special Concern" that are
<br /> defined as species that appear to be vulnerable to extinction because of declining populations,
<br /> limited ranges, and/or continuing threats. The CDFG may provide comments on a Project's
<br /> CEQA document and may incorporate all CEQA and USFWS/NMFS mitigation measures into
<br /> the Section 1602 Lake and Streambed Alteration Agreement and Incidental Take Perrnit39.
<br /> The CDFG enforces the CFGC, which designates fully'protected birds40 fully protected
<br /> mammals',, fully protected reptiles and amphibians', and fully protected fish93. With the
<br /> exception of permitted scientific research, no take of any fully protected species is allowed.
<br /> 33 Division 2,Chapter 6,Sections 1600-1607
<br /> 34 CFGC Sections 2050-2068
<br /> 31 CFGC Section 2053
<br /> 36 CFGC Sections 1900-1913
<br /> 37 CFGC Sections 2080,2081
<br /> 36 14 CCR 670.2 and 14 CCR 670.5,respectively
<br /> 39 CFGC Section 2081
<br /> 41 CFGC§3511
<br /> 41§4700
<br /> 42§5050
<br /> 43§5515
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