25C - AGMT - OCWD CENTENNIAL PARK

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Section 5 species. A Take authorization may be obtained from the California Department of Fish and Wildlife (CDFW) under Section 2091 and 2081 of CESA. Section 2091 of CESA, similar to Section 7 of FESA provides for consultation between a state lead agency under the California Environmental Quality Act and CDFW, with issuance of take authorization if the project does not jeopardize the listed species. Section 2081 of CESA allows take of a listed species for educational, scientific or management purposes. California Fish and Game Code Section 1600 The State of California defines Waters of the State as any surface water or groundwater, including saline waters within the boundaries of the State. In accordance with Section 1600 of the Fish and Game Code, CDFW must be notified prior to beginning any activity that would obstruct or divert the natural flow of, use material from or deposit or dispose of material into a river, stream, or lake, whether permanent, intermittent or ephemeral water bodies. The notification occurs through the issuance of a Streambed Alteration Agreement- CDFW has 60 days to review the proposed actions and propose measures to protect affected fish and wildlife resources. The final proposal that is mutually agreed upon by CDFW and the Applicant is the Streambed Alteration Agreement. California Fish and Game Code Fully Protected Species The legislature of the State of California designated species as fully protected prior to the creation of the California Endangered Species Act. Lists of fully protected species were initially developed to provide protection to those animals that were rare or faced possible extinction and included fish, mammals, amphibians, reptiles and birds. Most fully protected species have since been listed as threatened or endangered under California Endangered Species Act and/or the Federal Endangered Species Act. These species may not be taken or possessed at any time, with the only exception being permits issued for limited scientific study, California Fish and Game Code Sections 3503, 3513, 3800, 3801 These California Fish and Game Code Sections protect all birds, birds of prey and all non-game birds, as well as their eggs and nests, for species that are not already listed as fully protected and that occur naturally within the State. Specifically, it is unlawful to take any raptors or their nests and eggs. 5.3.3 Thresholds of Significance 1. Would the project have a substantial adverse impact, either directly or through habitat modifications, on any species identified as a candidate, sensitive or special status species in local or regional plans, policies or 1, 1 Q..,Oo Mid Basin Centennial Park '-jg [ 6pnf 11 Project Final EIR 5-53 d4