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State of California—Natural Resources Agency GAVIN NEWSOM. Governor DEPARTMENT OF FISH AND WILDLIFE CHARLTON H.BONHAM,Director ' Bay Delta Region 2825 Cordelia Road, Suite 100 Fairfield, CA 94534 (707)428-2002 www.wiIdlife.ca.gov September 24, 2019 Mr. Frank Girardi San Joaquin County Community Development Department 1810 E Hazelton Avenue Stockton, CA 95205 Dear Mr. Girardi: Subject: Site Approval No. PA-1800207 Project, Initial Study/Mitigated Negative Declaration, SCH #2019079054, San Joaquin County The California Department of Fish and Wildlife (CDFW) has reviewed the Initial Study/Mitigated Negative Declaration (IS/MND)for the Site Approval No. PA-1800207 Project(Project) pursuant to the California Environmental Quality Act (CEQA) and CEQA Guidelines. In accordance with our mandates, CDFW is submitting comments on the IS/MND to inform San Joaquin County Community Development Department(County), as the Lead Agency, of our concerns regarding potentially significant impacts to sensitive resources associated with the proposed Project. CDFW ROLE CDFW is a Trustee Agency with responsibility under CEQA(Pub. Resources Code, § 21000 et seq.) pursuant to CEQA Guidelines section 15386 for commenting on projects that could impact fish, plant, and wildlife resources. CDFW is also considered a Responsible Agency if a project would require discretionary approval, such as a California Endangered Species Act(CESA) Incidental take Permit(ITP), a Lake and Streambed Alteration (LSA) Agreement, or other provisions of the Fish and Game Code that afford protection to the state's fish and wildlife trust resources. REGULATORY REQUIREMENTS California Endangered Species Act Please be advised that a CESA ITP should be obtained if the Project has the potential to result in "take" of plants or animals listed under CESA, either during construction or over the life of the Project (Fish and Game Code, § 2080 et seq.). Issuance of a CESA ITP is subject to CEQA documentation; therefore, the CEQA document must specify impacts, mitigation measures, and a mitigation monitoring and reporting program. If the Project will impact CESA listed species, early consultation is encouraged, as potential significant modification to the Project and mitigation measures may be required in order to obtain a CESA ITP. CEQA requires a Mandatory Finding of Significance if the Project is likely to substantially restrict the range or reduce the population of a threatened or endangered species. (Pub. Resources Code, §§ 21001, subd. (c), 21083; CEQA Guidelines, §§ 15380, 15064, and 15065). Impacts must be avoided or mitigated to less-than-significant levels unless the CEQA Lead Agency makes and supports Findings of Overriding Consideration (FOC). The CEQA Lead Agency's Conserving Caffornia's WiCfl fe Since 1870