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ornamental pine and a few small nut trees just north of Duck Creek. Other trees in the site include a row of large ornamental trees in the northwest part of the site along Loomis Road. There are also a few trees along the road shoulder of Pock Lane on the east edge of the site, which include small almonds, valley oaks, and a few ornamental species. No blue elderberry shrubs were observed on or adjacent to the site. The bird species observed on the 2706 Pock Lane site were also observed on the 3009 Pock Lane site. It is possible that ground -nesting songbirds such as killdeer and red - winged blackbird nest in the grassland habitats in the site. A few species of mammals common to urban and agricultural areas likely occur on the site; however, only California ground squirrel was observed during the field surveys. A few California ground squirrel burrows were observed, mostly along the banks of Duck Creek. Other common species expected to occur on the 2706 Pock Lane site on occasion are also expected to occur on this site. Due to lack of suitable habitat, only a few amphibians and reptiles are expected to occur on the site, and none were observed during the field surveys. Common species that may occur on the 2706 Pock Lane site may also occur on this site on occasion. Regulatory Framework Endangered Species Acts The Federal Endangered Species Act (ESA) of 1973 declares that all federal departments and agencies shall utilize their authority to conserve endangered and threatened plant and animal species. The California Endangered Species Act (CESA) of 1984 parallels the policies of ESA and pertains to native California species. Plants and animals that are legally protected under ESA and/or CESA are considered "special -status species" for CEQA analysis. Special -status species also include other species considered rare enough by the scientific community and trustee agencies to warrant special consideration. Federal and State Waters Waters of the U.S., including wetlands, are broadly defined under 33 Code of Federal Regulations 328 to include navigable waterways, their tributaries, and adjacent wetlands. They also include, but are not limited to, perennial and intermittent creeks and drainages, lakes, seeps, and springs; emergent marshes; riparian wetlands; and seasonal wetlands. Typically, work in jurisdictional wetlands and Waters of the U.S. that requires dredging or placement of fill is required to obtain a Clean Water Act Section 404 permit from the U.S. Army Corps of Engineers and a Section 401 Water Quality Certification from the jurisdictional Regional Water Quality Control Board (RWQCB). "Waters of the State" are subject to oversight by the State Water Resources Control Board (SWRCB) and by the RWQCB with jurisdiction over the affected water. SWRCB's Resolution 2008-0026 identified a need to protect Waters of the State that are not subject to Section 404 permitting. In April 2019, the SWRCB adopted the State Wetland Definition and Procedures for Discharges of Dredged or Fill Materials to Waters of the State. When the program is implemented, the RWQCB is expected to require issuance of Waste Discharge Requirements that authorize the impacts of filling Pock Lane Public Review Draft IS/MND 3-14 May 2022