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protection measures during the project build-out. No take either by harassment or mortality has occurred during development of this site." Patterson Run The original conditions of approval and Development Agreements for the Patterson Pass Business Park addressed the issue of conserving habitat along an ephemeral watercourse and drainage swale on the Tri-State/Cheng parcel known as Patterson Run. Patterson Run bisects the 218.5-acre parcel to be amended into the Special Purpose Plan, in a south-to-north flow (Figure 12). Patterson Run is a ten-foot wide natural channel that carries runoff from the hills. The channel supports freshwater marsh and hydrophytic species such as cattails and rushes. The original conditions of approval for the Patterson Pass Business Park state that the swale should be protected from disturbance, and a buffer strip of 50 feet along each bank should be established. The ADT Auto Auction applicant has proposed specific locations of building pads, parking areas, and bridges which would cross Patterson Run in two locations(Figure 13). The site plan indicates a 50-foot setback on either side of Patterson Run, with fencing to be installed. The 50-foot setback is observed for the length of the channel except in the area where two bridges would span the channel, where the setbacks are approximately 25 to 30 feet on each side. The applicant would be required to receive permits from the U.S. Army Corps of Engineers and the Califomia Department of Fish and Game, if any filling, grading, road or utility construction would be conducted in the Patterson Run drainage Swale. Wetland Delineation Patterson Run flows into a wetlands area adjacent to the Delta Mendota Canal, designated as Area "C"on the ADT Auto Auction site plan(Figure 13).Two additional drainages are located within and to the north of the project site: Drainage"A"and Drainage`B." Drainage"A"is an ephemeral flow from a culvert under the California Aqueduct located north of Patterson Run, which ends abruptly in a cultivated field (Figure 13). Drainage`B"also flows from a culvert under the California Aqueduct located north of the proposed Special Purpose Plan Amendment area and north of the boundary for the proposed ADT Auto Auction (Figure 5). As noted previously, at the time of this writing, the applicant is in the process of acquiring the two northem-most parcels (north of the Amendment area) with plans to retain the land in open space use. Drainage `B" flows into a pond adjacent to the Delta Mendota Canal. The U.S. Army Corps of Engineers has reviewed and verified a wetlands and jurisdictional delineation for the drainages and wetland/pond areas (letter of September 3, 1998, included in Appendix B).The delineation indicates that approximately 2.04 acres of the Patterson Run channel, and the 0.65-acre pond associated with Drainage"A,"are jurisdictional wetlands. The 2.8-acre Area "C" at the north end of Patterson Run and small portions of Drainage "A" and `B"are determined to be jurisdictional "waters of the U.S." 93231-BO.spp00.wpd-284/00 —22—