ARCHIVED REPORTS LEC APPLICATION FOR CERTIFICATION

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5.2 BIOLOGICAL RESOURCES TABLE 5.2-5 Laws,Ordinances, Regulations,and Standards for Biological Resources Element Goal/Policy Conformance Fish and Game Code Section 3503 States that it is unlawful to take, possess, or Nesting bird species have been observed in the project needlessly destroy the nest or eggs of any bird, study area. Preconstruction surveys and appropriate except as otherwise provided by this code or any mitigation measures will be implemented to avoid regulation made pursuant thereto. adverse affects to nesting birds. Fish and Game Code Sections 3503.5 as Makes it unlawful to take, possess, or destroy any Nesting raptors have been observed in the immediate 3514 birds of prey or to take, possess, or destroy the nest vicinity of the LEC site. Preconstruction surveys and or eggs of any such bird. appropriate mitigation measures will be implemented to avoid adverse affects to raptors and their nests. Fish and Game Code Sections 4700, 5050, Lists mammal, amphibian, and reptile species that The LEC site was analyzed and does not include likely and 5515 are fully protected in California. habitat for fully protected mammal, amphibian, or reptile species. Fish and Game Code Sections 1900 et seq., The Native Plant Protection Act lists threatened, The LEC site was analyzed and does not include likely endangered, and rare plants listed by the state. habitat for protected plant species. Title 14, California Code of Regulations, Lists animals designated as threatened or Numerous Swainson's hawks (State—Threatened)were Sections 670.2 and 670.5 endangered in California. observed in the LEC project site vicinity and suitable nest trees occur in the lay down and staging areas. Preconstruction surveys and appropriate mitigation measures will be implemented to avoid adverse affects to the Swainson's hawk. California Fish and Game Code Prohibits alteration of any stream, including The LEC site construction was analyzed and will not (Sections 1601 through 1607) intermittent and seasonal channels and many artificial include alteration of any stream or channel. channels, without a permit from CDFG. CEQA CEQA requires that the effects of a project on The AFC analysis and process is CEQA equivalent.All (Public Resources Code Section 15380) environmental resources must be analyzed and requirements under CEQA are met with the analysis in assessed using criteria determined by the lead the CVEUP AFC. agency. Warren Alquist Act Warren-Alquist Act is a CEQA-equivalent process The AFC analysis and process is CEQA-equivalent.All (Public Resources Code Section 25000, et implemented by the CEC. requirements under the Warren-Alquist Act are met with seq.) the analysis in the CVEUP AFC. SAC/371322/082330001(LEC_5.2_BICLOG ICAL_RESOURCES.DOC) 5.2-33