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04-1102_CALIF DEPT OF FISH & GAME_Transmittal Agr from DFGDEPARTMENT OF FISH AND GAME South Coast Region 4949 Viewridge Avenue San Diego, California 92123 (858) 467-4201 FAX (858) 467-4235 November 4, 2004 Ms. Amy Amiram City of San Juan Capistrano Department of Public Works 32450 Paseo Adelanto San Juan Capistrano, California 92675 Dear Ms. Amirani: Enclosed is Streambed Alteration Agreement No. 1600-2004-0476-R5 that authorizes work on the City of San Juan Capistrano Arundo Removal Project, impacting an Unnamed Drainage, tributary to the San Juan Creek in Orange County. This action is authorized under Section 1600 of the Fish and Game Code and has been approved by the California Department of Fish and Game. Pursuant to the requirements of the California Environmental qualiq Act (CEQA), the Department filed a Notice of Exemption (NOE) on the project on OS -10 . Under CEQA regulations, the project has a 35 -day statute of limitations on court challenges of the Department's approval under CEQA. The Department believes that the project fully meets the requirements of the Fish and Game Code and CEQA. However, if court challenges on the NOE are received during the 35 -day period, then an additional review or even modification of the project may be required. If no comments are received during the 35 -day period, then any subsequent comments need not be responded to. This information is provided to you so that if you choose to undertake the project prior to the close of the 35 -day period, you do so with the knowledge that additional actions may be required based on the results of any court challenges that are filed during that period. Please contact Donna Cobb at (858) 637-5510 if you have any questions regarding the Streambed Alteration Agreement. Sincerely, CWTdVW— C.F. RAYSBROOK Regional Manager Enclosure cc: Donna Cobb