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S J c o c, Inc. <br />555 East Weber Avenue • Stockton, CA 95202 <br />(209) 465-3913 • FAX (209) 468-1084 <br />San Joaquin County Multi -Species Habitat Conservation & <br />Open Space Plan (SJMSCP) <br />Chhina Truck Parking Project: <br />APN: 241-400-08 <br />SJMSCP Incidental Take Minimization Measures <br />Date: September 21, 2009 <br />Findings: Potential habitat for Swainson's hawk <br />Total Disturbed Acres Anticipated: 1.5 acres <br />Habitat Types to be Disturbed: U—Urban <br />Project Jurisdiction: San Joaquin County <br />Advisory Statements <br />After inspecting the project site, and project site conditions, the San Joaquin Council of Governments <br />(SJCOG) provides the following advisory statements to the applicant. No further action is required <br />with the SJCOG with respect to the following statements. SJCOG does not accept any liability for the <br />accuracy of these statements since each regulatory agency discussed below must determine the extent <br />of its own regulatory authority with respect to the proposed project. Nonetheless, we are reasonably <br />confident that the advice provided in this paragraph is sound. The proposed project as reviewed will <br />not likely affect areas/habitats that would be regulated by the California Department of Fish and Game <br />(CDFG) pursuant to Section 1602 of the Fish and Game Code (i.e., will not require a streambed <br />alteration agreement). <br />It should be noted that two important federal agencies (U.S. Army Corps of Engineers and the <br />California Regional Water Quality Control Board) have not issued permits to the SJCOG and so <br />payment of the fee to use the SJMSCP will not modify requirements now imposed by these two <br />agencies. Potential waters of the United States [pursuant to Section 404 Clean Water Act] <br />may occur on the project site. It therefore may be prudent to obtain a preliminary wetlands map <br />from a qualified consultant. If waters of the United States are confirmed on the project site, the <br />Corps and the Regional Water Quality Control Board (RWQCB) would have regulatory authority <br />over those mapped areas [pursuant to Section 404 and 401 of the Clean Water Act respectively] <br />and permits would likely be required from each of these resource agencies prior to impacting <br />these features on the project site. <br />