Environmental Impact Statement - Sonoma Land Trust

California Department of Fish and Game
U.S. Fish and Wildlife Service
Section 3.1. Geology, Soils, and Paleontology
Regulatory Setting
Federal
Section 402 of the Clean Water Act/National Pollutant
Discharge Elimination System
The provisions of the federal Clean Water Act (CWA) are summarized in Section
3.2, “Surface-Water Hydrology, Tidal Hydraulics, and Sedimentation.” Because
CWA Section 402 is directly relevant to excavation and grading, additional
information is provided here.
CWA Section 402 establishes a framework for regulating municipal and
industrial stormwater discharges under the National Pollutant Discharge
Elimination System (NPDES) program. As described in Section 3.3, “Water
Quality,” of this EIR/EIS, the EPA has delegated to the State Water Resources
Control Board (State Water Board) the authority for the NPDES program in
California, which is implemented by the state’s nine Regional Water Quality
Control Boards (RWQCBs). Under the NPDES Phase II Rule, any construction
activity disturbing 1 acre or more must obtain coverage under the state’s General
Permit for Stormwater Discharges Associated with Construction Activity
(General Permit). General Permit applicants are required to prepare a notice of
intent and, a Storm Water Pollution Prevention Plan (SWPPP), and a Notice of
Termination, and implement and maintain Best Management Practices (BMPs) to
avoid adverse effects on receiving water quality as a result of construction
activities, including earthwork.
Antiquities Act
The federal Antiquities Act of 1906 was enacted with the primary goal of
protecting cultural resources in the United States. As such, it explicitly prohibits
appropriation, excavation, injury, and destruction of “any historic or prehistoric
ruin or monument, or any object of antiquity” located on lands owned or
controlled by the federal government, without permission of the secretary of the
federal department with jurisdiction. It also establishes criminal penalties,
including fines or imprisonment, for these acts. Neither the Antiquities Act itself
nor its implementing regulations (43 CFR 3) specifically mentions
paleontological resources. However, several federal agencies—including the
National Park Service, U.S. Bureau of Land Management, and U.S. Forest
Service—have interpreted objects of antiquity as including fossils. Consequently,
the Antiquities Act represents an early cornerstone for efforts to protect the
nation’s paleontological resources.
Sears Point Wetland and Watershed Restoration
Project Final Environmental Impact
Report/Environmental Impact Statement
3.1-2
April 2012