ARCHIVED REPORTS LEC APPLICATION FOR CERTIFICATION

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5.2 BIOLOGICAL RESOURCES Fish and Game Code Sections 4700,5050,and 5515 lists mammal,amphibian, and reptile species that are fully protected in California. Fish and Game Code Sections 1900 et seq.The Native Plant Protection Act lists threatened, endangered,and rare plants listed by the state. Title 14,California Code of Regulations, Sections 670.2 and 670.5 lists animals designated as threatened or endangered in California. CSC is a category conferred by CDFG on those species that are indicators of regional habitat changes or are considered potential future protected species. CSC do not have any special legal status,but are intended by CDFG for use as a management tool to take these species into special consideration when decisions are made concerning the future of any land parcel. California Fish and Game Code (Sections 1601 through 1607) prohibits alteration of any stream,including intermittent and seasonal channels and many artificial channels,without a permit from CDFG. CDFG jurisdiction is limited to areas within the 100-year floodplain. Within this zone, CDFG jurisdiction is subject to the judgment of the department. This applies to any channel modifications that would be required to meet drainage, transportation,or flood control objectives of a project. California Environmental Quality Act(Public Resources Code Section 15380) defines "rare" in a broader sense than the definitions of threatened,endangered, or species of special concern. Under this definition, CDFG can request additional consideration of species not otherwise protected. CEQA requires that the effects of a project on environmental resources must be analyzed and assessed using criteria determined by the lead agency. Warren Alquist Act(Public Resources Code Section 25000,et seq.) is a CEQA-equivalent process implemented by the CEC. Preparation of this application will result in an assessment prepared by the CEC staff to fulfill the requirements of CEQA. 5.2.5.3 Local and Other Jurisdictions' LORS 5.2.5.3.1 San Joaquin County Multi-Species Habitat Conservation and Open-Space Plan The San Joaquin County Multi-Species Habitat Conservation and Open-Space Plan (Plan) allows Plan Permittees (such as San Joaquin County and the cities within the County) to issue Incidental Take Permits or allow project applicants to mitigate for impacts to Plan covered species resulting from projects that convert open space to urban development and other non-agricultural activities occurring on agriculturally-zoned properties. Participation in the Plan is voluntary for project applicants except when conditioned to participate by a Permittee. Project applicants that opt out of the Plan are required to satisfy applicable Endangered Species Act, California Endangered Species Act,National Environmental Policy Act, CEQA, and other applicable local, state, and federal laws and regulations through consultations with the appropriate parties. 5.2.5.3.2 Significant and Heritage Trees Significant trees in San Joaquin County include native oak trees,heritage trees, and riparian habitats. Removal of significant trees requires an improvement plan and replacement plantings at specified ratios. Removal of native oak trees requires replacement plantings at a ratio of 3:1 followed by three years of maintenance. Soil compaction, grading, and altering the drainage near oak trees is prohibited and protective fencing is required during SAC/371322/082330001(LEC_5.2_BIOLOGICAL_RESOURCES.DOC) 5.2-29