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<br />Facts in Support of Findini: The impact will be avoided or reduced based on the <br />following: <br /> <br />a The Master PUD incorporates Mitigation Measure 02c through Conditions <br />50 and 101 which require the Property Owner to comply with all conditions of applicable <br />wetlands permits and streambed alteration agreements prior to any grading or fill activities <br />on areas determined to be within the jurisdiction of the US Army Corps of Engineers or <br />the California Department ofFish and Game. Condition 100 states the Property Owner <br />shall obtain any necessary 1603 Streambed Alteration Agreements from the California <br />Department of Fish and Game prior to approval of grading permits for any grading <br />activities. If the regulatory agencies concur with the conclusions of the biological <br />resources analysis that the fmger tributary area does not meet the definition of a wetland <br />and/or it does not constitute a significant habitat area then no further mitigation will be <br />required. If it is determined the habitat is significant, a Streambed Alteration Agreement <br />will provide mitigation to reduce the adverse impact to a less than significant level. <br /> <br />b. Measure 02c was selected because: retaining the dry creek channel in the <br />context of adjacent land uses would effectively eliminate its habitat value; it is not a <br />wetland; and conformity with permit requirements, including possible replacement habitat <br />in a better site environmentally, is a superior choice. <br /> <br />3. Imoact 04. Potential adverse effects on wetlands as a result of future <br />development. <br /> <br />Mitil!ation Measures: <br />Measure 04a. Prior to the approval of a final grading plan, verify and delineate the <br />locations of wetlands on the site. <br /> <br />Measure 04b. If wetlands that would be adversely affected by the project are delineated <br />on the site as a result of Measure 04a, require the preparation of a mitigation plan, <br />including an avoidance alternative, that will meet federal and state requirements prior to <br />the approval of a final grading plan. <br /> <br />Findinl!: Changes or alterations have been required in, or incorporated into, the Project <br />which avoid or substantially lessen the significant environmental effect identified in the <br />Final EIR to a less than significant level. <br /> <br />Facts in Support of Findinl!: The impact will be avoided or reduced based on the <br />following: <br /> <br />a Master PUD Condition 98 requires that the Property Owner prepare a <br />pre-jurisdictional wetlands assessment satisfactory for U.S. Army Corps of Engineers' <br />permit review prior to any development activity (including grading) on the project site. <br />The Property Owner must also obtain verification from the Corps regarding its jurisdiction <br />over wetlands and other federally regulated waters on the project site before submitting a <br /> <br />SF:FMP\AGR\WEX\6I138664.2 <br />062499 <br /> <br />A-47 <br /> <br />WEX.fI6O.3 <br />