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AUGUSTIN BERNAL MOUNTAIN BIKE TRAIL PROJECT DRAFT INITIAL STUDY <br /> 12956 <br />DUDEK 40 April 2022 <br />delegated by the State Water Resources Control Board to the nine regional boards. The San Francisco Bay <br />Regional Water Quality Control Board has authority for Section 401 compliance in the project area. A <br />request for certification is submitted to the Regional Water Quality Control Board while an application is <br />filed with the U.S. Army Corps of Engineers. <br />California Fish and Game Code <br />Section 3503 of the California Fish and Game Code states that it is unlawful to take, possess, or needlessly <br />destroy the nests or eggs of any bird, except as otherwise provided by this code or any regulation made <br />pursuant thereto. Section 3503.5 protects all birds of prey (raptors) and their eggs and nests. Section 3511 <br />states that fully protected birds or parts thereof may not be taken or possessed at any time. Section 3513 <br />states that it is unlawful to take or possess any migratory non-game bird as designated in the Migratory <br />Bird Treaty Act. <br />Local <br />Pleasanton General Plan <br />Conservation and Open Space Element <br />Following are relevant goals, policies, and programs from the Pleasanton General Plan Conservation and <br />Open Space Element (City of Pleasanton 2009b). <br />Goal 1: Practice sustainability to preserve and protect natural resources and open space. <br />Goal 2: Preserve and enhance the natural resources of the Planning Area, including plant and wildlife <br />habitats, heritage trees, scenic resources, and watercourses. <br />Policy 1: Preserve and enhance natural wildlife habitats and wildlife corridors. <br /> Program 1.3: Preserve and enhance the resource value of wetlands through project <br />development design measures. These measures should be based in part on jurisdictional <br />wetlands delineation in accordance with current Army Corps of Engineers criteria, for projects <br />which are known to have or that may have wetlands present within their boundaries. <br /> Program 1.6: Analyze potential impacts on wildlife populations and habitats before developing <br />projects, using the California Environmental Quality Act (CEQA) process or other processes, as <br />relevant. <br /> Program 1.7: Minimize active recreation–sports, games, exercising, and fishing–within <br />natural habitat areas. Permit passive recreation such as hiking, bicycling, horseback riding, <br />nature and cultural resource study, photography, and picnicking. <br /> Program 1.8: Design site sensitive recreation or interpretive facilities to minimize intrusion <br />within natural public open space. Limit public access, including hiking trails, into sensitive <br />habitat areas, when warranted. <br /> Program 1.9: Plant native species wherever possible in public and private landscaping, and <br />provide wildlife habitat in new landscaping, where appropriate.