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Administrative Draft Environmental Impact Report Gill Medical Center Project Section 3800 states that it is unlawful to take nongame birds, such as those occurring naturally in California that are not resident game birds, migratory game birds, or fully protected birds, except when in accordance with regulations of the California Fish and Game Commission or a mitigation plan approved by CDFW for mining operations. Section 3503 prohibits the take, possession, or needless destruction of the nest or eggs of any bird. Section 3503.5 protects birds of prey (which includes eagles, hawks, falcons, kites, ospreys, and owls) and prohibits the take, possession, or destruction of any birds and their nests Section 3505 makes it unlawful to take, sell, or purchase egrets, ospreys, and several exotic non-native species, or any part of these birds. Section 3513 specifically prohibits the take or possession of any migratory nongame bird as designated in the MBTA. Lake or Streambed Alteration Agreements Section 1602 of the California Fish and Game Code requires individuals or agencies to provide a Notification of Lake or Streambed Alteration to CDFW for"any activity that may substantially divert or obstruct the natural flow or substantially change the bed, channel, or bank of any river, stream, or lake." CDFW reviews the proposed actions and, if necessary, proposed measures to protect affected fish and wildlife resources.The final proposal mutually agreed upon by CDFW and the applicant is the Lake or Streambed Alternation Agreement. Porter-Cologne Water Quality Act The RWQCB implements water quality regulations under the federal CWA and the Porter-Cologne Water Quality Act.These regulations require compliance with the National Pollutant Discharge Elimination System (NPDES), including compliance with the California Storm Water NPDES General Construction Permit for discharges of stormwater runoff associated with construction activities. General Construction Permits for projects that disturb one or more acres of land require development and implementation of a Storm Water Pollution Prevention Plan. Under the Porter-Cologne Water Quality Act,the RWQCB regulates actions that would involve "discharging waste, or proposing to discharge waste, with any region that could affect the water of the state" [Water Code 1326O(a)].Waters of the State are defined as "any surface water or groundwater, including saline waters, within the boundaries of the state" [Water Code 13050 (e)]. The RWQCB regulates all such activities, as well as dredging, filling, or discharging materials into Waters of the State, that are not regulated by USACE due to a lack of connectivity with a navigable water body.The RWQCB may require issuance of a Waste Discharge Requirements for these activities. California Environmental Quality Act In accordance with CEQA Guidelines § 15380, a species or subspecies not specifically protected under the federal or California ESAs or NPPA may be considered endangered, rare, or threatened for CEQA review purposes if the species meets certain criteria specified in the Guidelines.These criteria include definitions similar to definitions used in the federal ESA, the California ESA, and the NPPA. Section 15380 was included in the CEQA Guidelines primarily to address situations in which a project under review may have Biological Resources 4.6-28 October 2021