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The site plan for the proposed ADT Auto Auction indicates that much of the Drainage "A"channel would be retained in its current state and would be surrounded by 10-foot vegetative swales and curbs,set back approximately 25 feet from the channel.A small portion,approximately 3,000 square feet or 0.06 acre, at the eastern end of Drainage "A" is proposed to be filled. As noted above, the Patterson Run channel would be retained and fenced off, observing a 50-foot setback on either side of the channel. Area "C" would be fenced off along with the adjacent detention basin. No improvements have been proposed for the Drainage "B" channel or the pond to the north of the proposed parking area. Drainage 'B" and the pond would be retained in their present state. Further Biological Study and Permits Required In October, 1999 LSA Associates conducted a habitat assessment and survey for the California red- legged frog, a Federally listed threatened species. The species has been listed since the original Biological Opinion for the site was issued by U.S.Fish and Wildlife Service in 1991. LSA did not find any adult red-legged frogs or larvae and concluded that although this species is currently absent from the site,the southern half of the Patterson Run drainage provides suitable foraging,cover,and potential breeding habitat for the red-legged frog. The site was also surveyed by Zentner&Zentner in October, 1999. Zentner& Zentner agreed that suitable habitat for the red-legged frog was present in Patterson Run. During the survey, two burrowing owls were observed and a potential kit fox den was identified. The biologist also determined that the pond at the lower end of Drainage `B" may provide habitat for the California tiger salamander, a Federal listed candidate and a California species of concern. However, because the pond is not proposed to be modified by the project, no further surveys were recommended. Zentner & Zentner also determined that the site is good potential habitat for two special status plant species, the Diamond-petaled California poppy and the large-flowered fiddleneck, although the survey was conducted outside the flowering period. According to Zentner&Zentner, the following permits may be required for the project: • one or more permits from the U.S. Army Corps of Engineers, including the following Nationwide permits(NWP):NWP 14(authorization for crossings);NWP 12(outfall and intake structures);NWP 33 (temporary construction access and/or dewatering); and NWP 26 (fill of Drainage "A"); • a 1603 Streambed Alteration Agreement from California Department of Fish and Game for crossings,outfall and intake structures),temporary construction access and/or dewatering, and fill of Drainage"A"; • consultation under Section 7 of the U.S. Endangered Species Act with the U.S. Fish and Wildlife Service for construction issues related to the California red-legged frog; and a water quality certification under Section 401 of the U.S. Clean Water Act by the Central Valley Regional Water Quality Control Board, or a certification waiver. 93231•B0.spp00.wyd•224100 -25-