ARCHIVED REPORTS LEC APPLICATION FOR CERTIFICATION

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5.2 BIOLOGICAL RESOURCES Supplement(USACE,2006). The USACE defines wetlands as areas that are"inundated by surface water or groundwater with a frequency and duration sufficient to support,and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions" (Title 40 Code of Federal Regulations [CFR] Section 230.3 and Title 33 CFR Section 238). The USACE and the state Regional Water Quality Control Board both use the three-parameter approach (wetland vegetation,hydric soils, and hydrology) to determine the presence of wetlands. As a general rule,under this method, evidence of a minimum of one positive indicator for each parameter must be found (under normal circumstances and in non-problem areas) in order to make a positive wetland determination. An irrigation canal is present immediately south of the property that supports wetland characteristics, and a routinely maintained agricultural drainage ditch is present along a portion of the natural gas pipeline alignment.There are several constructed ponds in the project vicinity associated with the WPCF and the San Joaquin County Vector Control facility on the south side of the property. No natural wetlands or other special aquatic sites were observed in the LEC project site,any of the four laydown areas,or along the natural gas pipeline alignment. 5.2.2 Environmental Analysis Potential direct and indirect impacts to biological resources were evaluated to determine the permanent and temporary effects resulting from the construction, operation,and maintenance of the proposed LEC project. The project would be within a disturbed industrial area between the STIG plant and the WPCF and would have minimal impacts to biological resources. A summary of potential project impacts is presented in Table 5.2-4. 5.2.2.1 Significance Criteria Conditions that result in significant impacts to biological resources were evaluated based on the significance criteria described in the California Energy Commission (CEC) staff's paper on how the staff analyzes biological resources for energy facilities under CEC jurisdiction. The paper identifies the appendixes to the California Environmental Quality Act (CEQA) Guidelines,Title 14, California Code of Regulations,Section 15000 and the Guidelines for Consulting With the Department of Fish and Game on Projects Subject to CEQA that may Affect Endangered and Threatened Species as guidance on determining significant impacts to sensitive biological resources from projects. The following are several conditions under CEQA Appendix G that normally result in significant impacts to the environment: • Subsection (c); substantially affect a rare or endangered species of animal or plant or the habitat of the species, • Subsection (d);interfere substantially with the movement of any resident or migratory fish or wildlife species, or • Subsection (t); substantially diminish habitat for fish,wildlife, or plants. SAC/371322/082330001(LEC_5.2_BIOLOGICAL_RESOURCES.DOC) 5.2-23