CDFG Findings. For each Covered Species within the jurisdiction of the CDFG, pursuant to the specific findings set forth below that, based on the best available scientific information and other information that is reasonably available, as of the Effective Date the HCP has satisfied the permit issuance criteria under Section 2081 of the California Fish and Game Code, CDFG finds that:
(i) the Taking of the Covered Species will be incidental to an otherwise lawful activity;
(ii) the impacts of the authorized Take of the Covered Species will be minimized and fully mitigated;
(iii) the measures set forth in the HCP to minimize and fully mitigate the impacts of the authorized Take of the Covered Species are roughly proportional in went to the impact of the authorized Taking of the Covered Species;
(iv) the measures set forth in the HCP to minimize and fully mitigate the impacts of the authorized Take of the Covered Species maintain PALCO's objectives to the greatest extent possible;
(v) all of the measures set forth in the HCP to minimize and fully mitigate the impacts of the authorized Take of the Covered Species are capable of successful implementation;
(vi) PALCO has ensured adequate funding to minimize and fully mitigate the impacts of the authorized Take of the Covered Species and for monitoring compliance with, and effectiveness of, such measures;
(vii) issuance of the State Permit will not jeopardize the continued existence of the Covered Species;
(viii) the measures set forth in the HCP are intended to ensure that the Covered Activities under the State Permit will avoid the Take of any Fully Protected Species;
(ix) the measures set forth in the HCP and the Streambed Alteration Agreement incorporated therein are intended to ensure that the effects of the specific Covered Activities on Covered Species, as identified in Exhibit C of the Streambed Alteration Agreement (attached as Exhibit "B") which may substantially divert or obstruct the natural flow or substantially change the bed, channel, or bank of any river, stream, or lake on Covered Lands will be minimized and fully mitigated consistent with CESA and the State Permit, pursuant to California Fish and Game Code Section 1603.
CDFG Findings. As further described in the State Permit and the findings issued by CDFG, CDFG has found that the HCP/NCCP satisfies the permit issuance criteria listed in Sections 2820, 2821 and 2835 of the California Fish and Game Code for each Covered Species within the jurisdiction of CDFG. Concurrent with the execution of this Agreement by all Parties, and on satisfaction of all other requirements, CDFG issued to MRC the State Permit authorizing the Take by MRC of each Covered Species within the jurisdiction of CDFG resulting from Covered Activities in the Plan Area. The State Permit is conditioned on compliance with the terms and conditions of the State Permit, the HCP/NCCP, and this Agreement. CDFG shall monitor MRC’s implementation of the HCP/NCCP and compliance with the State Permit, provide technical assistance and timely collaboration and consultation to MRC regarding implementation of the HCP/NCCP, attend meetings, and participate, as available, in inspections and effectiveness and validation monitoring activities, in accordance with the HCP/NCCP and this Agreement, throughout the duration of the State Permit.
CDFG Findings
