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P11-0824(Downtown Hospitality Guidelines), P12-0798(Pleasanton Municipal Code Amendments) Initial Study and Negative Declaration 5.4. BIOLOGICAL RESOURCES ENVIRONMENTAL SETTING Wetlands are regulated under federal, state and local laws, regulations and policies. Primary wetland regulatory compliance is under the federal Clean Water Act, the California Department of Fish and Game (CDFG), United States Fish and Wildlife Service (USFWS) and California Environmental Quality Act (CEQA). The Clean Water Act requires avoidance of wetlands whenever a practicable alternative exists. For unavoidable impacts, the regulatory agencies have policies calling for mitigation to provide "no net loss" of acreage or habitat value. Under Section 404 of the Clean Water Act, a permit must be obtained for the discharge of dredged or fill material into waters of the United States. Under the CDFG code, Sections 1601-1607 regulate projects with divert, obstruct, or change the natural flow, bed, channel, or bank of a river, stream, or lake. Proponents of such projects must notify CDFG and enter into a streambed alteration agreement. CDFG normally exerts jurisdiction over natural streams and artificial channels that have habitat value for wildlife species. The jurisdiction extends to the bank top. STANDARDS OF SIGNIFICANCE For purposes of this environmental document, an impact is considered significant if the proposed project would: • Adversely affect, either directly or through habitat modification, any endangered, threatened or rare species, as listed in Title 14 of the California Code of Regulations (Sections 670.5) or in Title 50, Code of Regulations (Sections 17.11 or 17.12 or their habitats (including but not limited to plants, fish, insects, animals, and birds); • Have a substantial adverse impact, either directly or through habitat modification, on any species identified as a candidate, sensitive or special-status species in local or regional plans, policies, or regulations or by the CDFG or USFWS; • Have a substantial adverse impact on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the CDFG or USFWS; • Adversely affect federally protected wetlands (including but not limited to marsh, vernal pool, coastal, etc) either individually or in combination with the known or probable impacts of other activities through direct removal, filling, hydrological interruption, or other means; • Interfere substantially with the movement of any resident or migratory fish or wildlife species or with established resident or migratory wildlife corridors, or impede the use of wildlife nursery sites; or, • Conflict with any local or regional policies or ordinances designed to protect or enhance biological resources, such as a tree preservation policy or ordinance. November 2,2012 21