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<br />Letter #1 <br />ARNOLD SCHWARZENEGGER, Governor <br /> <br /> <br />State of California - The Resources Aqency <br />DEPARTMENT OF FISH AND GAME <br />http://www.dfg.ca.gov <br />POST OFFICE BOX 47 <br />YOUNTVlLLE, CALIFORNIA 94599 <br />(707) 944-5500 <br /> <br />November 10,2005 <br /> <br />East Bay Regional Park District <br />Planning/Stewardship Department <br />2950 Peralta Oaks Court <br />Oakland, CA 94605 <br /> <br />Dear Sir or Madam: <br /> <br />Bay Trail Bridge at Oyster Bay Slough <br />San Leandro, Alameda County <br /> <br />The D~partment of Fish and Game (DFG) has reviewed the document for the <br />su bject project. Please be advised this project may result in changes to fish and <br />wildlife resources as described in the California Code of Regulations, Title 14, <br />Section 753.5(d}(1 )(A}-(G}1. Therefore, if you are preparing an Environmental Impact <br />Report or an Initial Study and Negative Declaration for this project, a de minimis <br />determination is not appropriate, and an environmental filing fee as required under Fish <br />and Game Code Section 711.4(d) should be paid to the Alameda County Clerk on or <br />before filing of the Notice of Determination for this project. <br /> <br />A complete assessment of the flora and fauna within and adjacent to the proJe <br />area, with particular emphasis upon identifying endangered, threatened, and locally <br />unique species and sensitive habitats, should be provided. Rare, threatened and <br />endangered species to be addressed should include all those which meet the California <br />Environmental Quality Act (CEQA) definition (see CEQA Guidelines, Section 15380). <br />The assessment should identify any rare plants and rare natural communities, following <br />DFG's Guidelines for Assessing the Effects of Proposed Projects on Rare, Threatened, <br />and Endangered Plants and Natural Communities (revised Mi3y 8, 2000). The <br />Guidelines are available at www.dfa.ca.Qov/whdab/Ddfs/Quideplt.pdf <br /> <br />For any activity that will divert or obstruct the natural flow, or change the be , <br />channel, or bank (which may include associated riparian resources) of a river or stream, <br />or use material from a streambed, DFG may require a Streambed Alteration Agreement <br />(8M), pursuant to Section 1600 et seq. of the Fish and Game Code, with the applicant. <br />Issuance of SMs is subject to CEQA. DFG, as a responsible agency under CECA, will <br />consider the CEQA document for the project. The CEQA document should fully identify <br />the potential impacts to the stream or riparian resources and provide adequate <br />avoidance, mitigation, monitoring and reporting commitments for completion of the our <br /> <br />I ht1p:/lccr.oal.ca.gov/. Find California Code of Regulations, Title 14 Natural Resources, Division 1, Section 753 <br /> <br />Conserving Ca{ifomia's Wiftffife Since 1870 <br />~ <br /> <br />e <br /> <br />#1-1 <br /> <br />#1-2 <br /> <br />#1-3 <br />