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S J C O G, Inc. 555 East Weber Avenue • Stockton,CA 95202 • (209)468-3913 • FAX(209)468-1084 San Joaquin County Multi-Species Habitat Conservation&Open Space Plan (SJMSCP) SJMSCP RESPONSE TO LOCAL JURISDICTION(RTLJ) ADVISORY AGENCY NOTICE TO SJCOG,Inc. Revised To: Jason Jones,San Joaquin County Community Development Department From: Anne—Marie Poggio-Castillou, Regional Habitat Planner, SJCOG, Inc. Date: June 30, 2009 Local Jurisdiction Project Title: N/A Assessor Parcel Number(s): 089-020-52 Local Jurisdiction Project Number: PA-0900125 Total Acres to be converted from Open Space Use: 3 acres Habitat Types to be Disturbed: Multi-Purpose Habitat Land Species Impact Findings: Findings to be determined by SJMSCP biologist. Dear Mr. Jones: SJCOG, Inc. has reviewed application PA- 0900125. This project consists of a Site Approval application to expand and existing nut hulling and shelling facility in two phases. Phase 1 to include a 7,200 square foot cold storage facility. Phase 2, to be completed within five years, to include a 10,000 square foot building for production and storage. This project is located on the east side of Pezzi Road, 1,000 feet south of Eight Mile Road, in the city of Stockton. This project is not subject to participate at this time due to approximately 3 acres of structure and ground disturbance is already existing (please see map attached). Any ground disturbance outside the mapped 3 acres, including but not limited to future structures and/or parking, that require ground disturbance on this or subsequent divided parcels will be subject to participate in the SJMSCP and should be resubmitted to this agency. San Joaquin County is a signatory to San Joaquin County Multi-Species Habitat Conservation and Open Space Plan (SJMSCP). Participation in the SJMSCP satisfies requirements of both the state and federal endangered species acts, and ensures that the impacts are mitigated below a level of significance in compliance with the California Environmental Quality Act (CEQA). The LOCAL JURISDICTION retains responsibility for ensuring that the appropriate Incidental Take Minimization Measure are properly implemented and monitored and that appropriate fees are paid in compliance with the SJMSCP. Although participation in the SJMSCP is voluntary, Local Jurisdiction/Lead Agencies should be aware that if project applicants choose against participating in the SJMSCP, they will be required to provide alternative mitigation in an amount and kind equal to that provided in the SJMSCP. This project is subject to the SJMSCP and is located within the unmapped land use area. Per requirements of the SJMSCP, unmapped projects are subject to case-by-case review. This can be a 90 day process and it is recommended that the project applicant contact SJMSCP staff as early as possible. It is also recommended that the project applicant obtain an information package. http://www.sicog.org After this project is approved by the Habitat Technical Advisory Committee and the SJCOG Inc. Board, the following process must occur to participate in the SJMSCP: ■ Schedule a SJMSCP Biologist to perform a pre-construction survey prior to any ground disturbance ■ Sign and Return Incidental Take Minimization Measures to SJMSCP staff(given to project applicant after pre-construction survey is completed) ■ Pay appropriate fee based on SJMSCP findings. Fees shall be paid in the amount in effect at the time of issuance of Building Permit • Receive your Certificate of Payment and release the required permit