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S JC0G, Inc 555 East lNeber Avenue•Stockton,CA 95202• (209)235-0600 • rAX(209)235-0600 • San Joaquin County Multi-Species Habitat Conset-vation & Open Space Plan (SJMSCP) Sun Valley Express Transport Project (PA-1600194) SJMSCP Incidental Take Minimization Measures (APN: 013-190-05) Date: November 29, 2017 Findings: Potential Swainson's hawk and burrowing owl nesting and foraging habitat Potential nesting habitat for common birds (Migratory Bird Treaty Act) Total Disturbed Acres Anticipated: 3.59 acres Habitat Types to be Disturbed: Multi-Purpose Open Space (C2) Habitat Land Project Jurisdiction: San Joaquin County Advisory Statements After inspecting the project site, and project site conditions, the San Joaquin Council of Governments (SJCOG) provides the following advisory statements to the applicant. No further action is required with the SJCOG with respect to the following statements. SJCOG does not accept any liability for the accuracy of these statements since each regulatory agency discussed below must determine the extent of its own regulatory authority with respect to the proposed project. It should be noted that two important federal and state agencies (U.S. Army Corps of Engineers and the California Regional Water Quality Control Board) and California Department of Fish and Wildlife Streambed Alteration requirements have not issued permits to the SJCOG and so payment of the fee to use the SJMSCP will not modify requirements (160011602) now imposed by these agencies. If potential waters of the United States [pursuant to Section 404 Clean Water Act] may occur on the project site, it therefore 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 likely be required from each of these resource agencies prior to impacting these features on the project site. The SJMSCP covers lawful activities which must comply with all federal, state and local laws for coverage. The Migratory Bird Treaty Act(MBTA) is a federal act which protects many birds and their habitats. Those species go beyond the listed SJMSCP species but are included as protective measures for compliance with the federal MBTA measures. The measures will be stated under MBTA Compliance in the prescribed ITMM.