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a. 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. To: Mo Hatef,San Joaquin County Community Development Department From: Anne—Marie Poggio-Castillou, Regional Habitat Planner, SJCOG, Inc. Date: June 18,2009 Local Jurisdiction Project Title: NIA Assessor Parcel Number(s): 019-140-40 Local Jurisdiction Project Number: PA-0900094 Total Acres to be converted from Open Space Use: 5 acres Habitat Types to be Disturbed: Natural Habitat Land Species Impact Findings: Findings to be determined by SJMSCP biologist. Dear Mrs. Hatef: SJCOG, Inc. has reviewed application PA- 0900094. This project consists of a Site Approval application to establish a small winery and wine tasting room in two phases. Phase one is for the conversion of an existing 1,500 square foot agricultural building into a wine production building. Phase two, to be completed in five years, is to convert three agricultural buildings, totaling 4,250 square feet, into barrel and case storage facilities and to construct and 1,500 square foot wine tasting room. The project is located on the west side of Atkins Road, 3,500 feet north of Brandt Road, northeast of Lockeford. 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.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: ■ 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 It should be noted that if this project has any potential impacts to waters of the United States[pursuant to Section 404 Clean Water Act], it would require the project to seek voluntary coverage through the unmapped process under the SJMSCP which could take up to 90 days. 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_ If you have any questions, please call (209)468-3913.