*DOCUMENT WITHDRAWN PER LEAD* Middle Mile Broadband Network Project Master Streambed Alteration Agreement No. EPIMS-MMBN-43890-R4

2023120187

California Department of Fish and Wildlife, Central Region 4 (CDFW)

NOE - Notice of Exemption

12/7/2023

12/7/2023

Adam Thompson

CDFW

Senior Environmental Scientist Specialist

Lead/Public Agency

1234 E. Shaw Ave
Fresno, CA 93710

(559) 243-4005

adam.thompson@wildlife.ca.gov

Activities authorized by Master Streambed Alteration Agreement No. EPIMS-MMBN-43890-R4 (Agreement) will occur along 3,770 miles of existing California Department of Transportation (Caltrans) owned State highway right-of-way where it intersects with streams (Project). The entire Project area is located within California Department of Fish and Wildlife’s (CDFW) Central Region encompassing the whole of Fresno, Kern, Kings, Madera, Mariposa, Merced, Monterey, San Benito, San Luis Obispo, Stanislaus, Tulare, and Tuolumne Counties.

Statutory Exemption

CCR, Title 14, section 15269, subdivision (b); PRC, section 21080.51, subdivision (a)(1)

Approval of this Project is statutorily exempt from the California Environmental Quality Act (CEQA, Pub. Resources Code, § 21000 et seq.) because CDFW is relying on Senate Bill 156 adopted on July 20, 2021, more specifically the Project shall be subject to the following conditions within Public Resources Code, Section 21080.51, subdivision (a): (1) The project is located in an area identified by the Public Utilities Commission as a component of the statewide open-access middle-mile broadband network pursuant to Section 11549.54 of the Government Code; (2) The project is constructed along, or within 30-feet of, the right-of-way of any public road or highway; (3) The project is either deployed underground where the surface area is restored to a condition existing before the project or placed aerially along an existing utility pole right-of-way; (4) The project incorporates, as a condition of project approval, measures developed by the Public Utilities Commission or the Department of Transportation to address potential environmental impacts. At minimum, the project shall be required to include monitors during construction activities and measures to avoid or address impacts to cultural and biological resources; (5) The project applicant agrees to comply with all conditions otherwise authorized by law, imposed by the planning department of a city or county as part of a local agency permit process, that are required to mitigate potential impacts of the proposed project, and to comply with the Keene-Nejedly California Wetlands Preservation Act (Chapter 7 (commencing with Section 5810) of Division 5), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), as applicable, other applicable state laws, and all applicable federal laws.