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<br />7A - ATTACHMENT NO.2
<br />Page 33
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<br />plants. Thus, there are three listing categories for plants in California: rare, threatened,
<br />and endangered.
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<br />We have not been provided biological assessments for the Saltworks property.
<br />Such assessments would need to be prepared in the event the proposal goes forward. The
<br />assessments would have to consider the presence of rare, threatened or endangered plants.
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<br />Streambed Alteration Agreement. DFG's Lake/Streambed Alteration Agreement
<br />Program regulates projects that occur in and around lakes, rivers, or streams that could
<br />adversely affect fish and wildlife resources. Fish and Game Code section 1603 requires a
<br />landowner to notify and obtain authorization, in the form of a Streambed Alteration
<br />Agreement, from DFG when the landowner proposes to take action that will divert or
<br />obstruct the natural flow or change the bed, channel, or bank of any river, stream, or lake;
<br />involves the use or alteration of any streambed material; or occurs within the annual high-
<br />water mark of a wash, stream, or lake. The agreement includes conditions necessary to
<br />protect fish and wildlife resources that may be affected by the activity. The landowner
<br />needs to comply with the terms of the agreement.
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<br />DFG has adopted regulations designating waters falling within its jurisdiction
<br />under this statute. The regulations state:
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<br />For the purpose of implementing Sections 1601 and 1603 of the Fish and
<br />Game Code which requires submission to [DFG] of general plans sufficient
<br />to indicate the nature of a project for construction by or on behalf of any
<br />person, governmental agency, state or local, and any public utility, of any
<br />project which will divert, obstruct or change the natural flow or bed of any
<br />river, stream or lake designated by the department, or will use material
<br />from the streambeds designated by the department, all rivers, streams,
<br />lakes, and streambeds in the State of California, including all rivers,
<br />streams and streambeds which may have intermittent flows of water, are
<br />hereby designated for such purpose.
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<br />(Cal. Code Regs., title 14, ~ 720.)
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<br />Guidance states DFG should be notified "before beginning any activity that will
<br />do one or more of the following: (1) substantially divert or obstruct the natural flow of
<br />any river, stream or lake; (2) substantially change or use any material from the bed,
<br />channel, or bank of, any river, stream, or lake; or (3) deposit or dispose of debris, waste,
<br />or other material containing crumbled, flaked, or ground pavement where it may pass into
<br />any river, stream, or lake. Fish and Game Code section 1602 applies to all perennial,
<br />intermittent, and ephemeral rivers, streams, and lakes in the state." (DFG, Lake and
<br />Streambed Alteration Program Questions and Answers,
<br />http://www.dfg.ca.gov/habcon/1600/qa.html#qal. )
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