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S J C O G, Inc. 555 East Weber Avenue • Stockton,CA 95202 • (209)235-0600 • FAX(209)235-0438 San Joaquin County Multi-Species Habitat Conservation&Open Space Plan (SJMSCP) SJMSCP RESPONSE TO LOCAL JURISDICTION(RTLJ) ADVISORY AGENCY NOTICE TO SJCOG,Inc. To: Rick Griffin,San Joaquin County Community Development Department From: Kimberly Juarez,SJCOG, Inc. Date: March 10,2011 Local Jurisdiction Project Title: NIA Assessor Parcel Number(s): 205-240-24 Local Jurisdiction Project Number: PA- 1100031 Total Acres to be converted from Open Space Use: Undetermined Habitat Types to be Disturbed: Agricultural Habitat Land Species Impact Findings: Findings to be determined by SJMSCP biologist. Dear Mr. Griffin: SJCOG, Inc. has reviewed application PA- 1100031. This project includes a site approval application for grading to replace an existing Burlington Northern & Santa Fe railway bridge within (OS/RC) resource conservation area of the General Plan. All work is to be done within the existing railroad right-of-way crossing Lone Tree Creek. No property acquisition is required for this property. The new replacement structure will consist of a single track bridge on the existing alignment. The project is located on the west side of Sexton Road, 2000 feet south of Lone Tree Road, northwest of Escalon. (15405 S. Sexton Road, Escalon). More detail to the following is needed in order to proceed: Work to be completed • Equipment to be used Area that will be disturbed 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. It should be noted that two important federal agencies (U.S. Army Corps of Engineers and the California Regional Water Quality Control Board) have not issued permits to the SJCOG and so payment of the fee to use the SJMSCP will not modify requirements that could be imposed by these two agencies. Potential waters of the United States[pursuant to Section 404 Clean Water Act] are believed to occur on the project site. It may be prudent to obtain a preliminary wetlands map from a qualified consultant. If waters of the United States are confirmed on the project site,the Corps and the Regional Water Quality Control Board (RWQCB) would have regulatory authority over those mapped areas [pursuant to Section 404 and 401 of the Clean Water Act respectively] and permits would be required from each of these resource agencies prior to grading the project site. 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.sjcog.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: