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Duck Creek is tributary to the San Joaquin River and the San Joaquin River is a <br />navigable jurisdictional water of the U.S. The tributary relationship of Bieghle <br />Drain to the San Joaquin River forms the basis for it being a potentially <br />jurisdictional Waters of the U.S. that is potentially under the jurisdiction of ACOE, <br />CDFW, and the RWCQCB. Complete avoidance of Bieghle Drain appears <br />achievable as it is located outside the boundaries of the site. <br />SPECIAL -STATUS SPECIES: Special -status species are plants and animals that are <br />legally protected under the state and/or federal Endangered Species Act or other <br />regulations. The Federal Endangered Species Act (FESA) of 1973 declares that <br />all federal departments and agencies shall utilize their authority to conserve <br />endangered and threatened plant and animal species. The California <br />Endangered Species Act (CESA) of 1984 parallels the policies of FESA and <br />pertains to native California species. <br />Special -status species also include other species that are considered rare <br />enough by the scientific community and trustee agencies to warrant special <br />consideration, particularly with regard to protection of isolated populations, <br />nesting or denning locations, communal roosts, and other essential habitat. The <br />presence of species with legal protection under the Endangered Species Act <br />often represents a constraint to development, particularly when the species are <br />wide-ranging or highly sensitive to habitat disturbance and where proposed <br />development would result in a take of these species. <br />Special -status plants are those, which are designated rare, threatened, or <br />endangered, and candidate species for listing by the USFWS. Special -status <br />plants also include species considered rare or endangered under the conditions <br />of Section 15380 of the California Environmental Quality Act Guidelines, such as <br />those plant species identified on Lists 1A, 1 B and 2 in the Inventory of Rare and <br />Endangered Vascular Plants of California by the California Native Plant Society <br />(CNPS, 2021). Finally, special -status plants may include other species that are <br />considered sensitive or of special concern due to limited distribution or lack of <br />2706 Pock Lane: Biology 11 November 23, 2021 <br />