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<br />7A - ATTACHMENT NO.2 <br />Page 34 <br /> <br />The interior of the salt ponds, in their current condition, do not appear to constitute <br />lakes, rivers or streams. The Saltworks project will involve activities that may affect <br />streams or channels at the perimeter of the site. DMB will likely have to enter into a <br />streambed alteration agreement with DFG addressing those activities. If the project <br />moves forward, we recommend consulting with DFG regarding the extent of its <br />jurisdiction under section 1603. <br /> <br />Migratory Bird Treaty Act: Fish and Game Code section 3513 prohibits any take <br />or possession of birds that are designated by the federal Migratory Bird Treaty Act <br />("MBTA") as migratory nongame birds except as allowed by federal rules and <br />regulations promulgated pursuant to the MBT A. The MBT A is discussed above with <br />respect to the jurisdiction of USFWS. <br /> <br />Summary. DFG has direct permitting authority over activities that may affect <br />species listed under CESA. DFG also has authority to require a landowner to enter into a <br />streambed alteration agreement. In addition, DFG is a "trustee" agency under CEQA, <br />with authority to participate in the CEQA process as the agency responsible for <br />commenting on a project's impacts on wildlife, fish, and rare plants. (CEQA Guidelines, <br />S 15386, subd. (a).) For all these reasons, if the City decides to move forward with the <br />environmental review process, we recommend consulting with DFG concerning <br />biological resources at the site, and establishing and maintaining a solid working <br />relationship with DFG as the CEQA process moves forward. <br /> <br />D. California Department of Transportation (Caltrans) <br /> <br />1. Contact Information. <br /> <br />California Department of Transportation -- District 4 <br />111 Grand Ave <br />Oakland, California 94612 <br /> <br />2. Law or Regulation Establishing Jurisdiction. <br /> <br />a. California Streets and Highways Code Sections 660 to 734 <br /> <br />3. Standards for Issuing Permits/Findings/Mitigation Requirements. <br /> <br />Conducting an activity within, under, or over the State highway right of way <br />requires an encroachment permit. If a project will require significant improvements to <br />the State highway system, the California Department of Transportation ("Caltrans") may <br />require the preparation of a "project study report" concerning such improvements. <br />Caltrans also has a particular role in the CEQA process. CEQA requires the lead agency <br /> <br />34 <br />