Environmental Impact Statement - Sonoma Land Trust

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California Department of Fish and Game U.S. Fish and Wildlife Service Section 3.5. Biological Resources • Final Supplemental Environmental Impact Report/Environmental Impact Statement for the Bel Marin Keys Unit V Expansion of the Hamilton Wetland Restoration Project (Jones & Stokes 2003). • Hamilton Wetlands Restoration Project Dredged Material Aquatic Transfer Facility Administrative Draft Supplemental EIR/EIS. (Jones & Stokes. 2007. August. • Existing Conditions Report, Sears Point Restoration Project, Sonoma County, California, March 2005 (Wetlands and Water Resources 2005b). • Sears Point Wetlands and Watershed Restoration Project, Final Preliminary Plan (Wetlands and Water Resources 2007). • California Natural Diversity Database (California Natural Diversity Database (CNDDB). 2007. RareFind, Version 3.1.0 (August 4, 2007 update). California Department of Fish and Game, Sacramento, CA.) Common and scientific names of plant species, and wildlife and fish species mentioned in the text are presented in Appendices BE and CF, respectively. Specific reference information is provided in the text. Regulatory Setting Federal Laws and Regulations Federal Endangered Species Act The federal Endangered Species Act (ESA) of 1973 protects fish and wildlife species that have been identified by the USFWS and/or the National Oceanic and Atmospheric Administration (NOAA) as threatened or endangered. The term “endangered” refers to species, subspecies, or distinct population segments that are in danger of extinction through all or a significant portion of their range; threatened refers to species, subspecies, or distinct population segments that are likely to become endangered in the near future. The ESA is administered by the USFWS and NOAA. In general, NOAA is responsible for protection of ESA-listed marine species and anadromous fish while other listed species are under the jurisdiction of the USFWS. The following specific provisions of the ESA apply to a proposed action (proposed action is defined by Section 7 as consisting of all proposed activities or programs of any kind that are authorized, funded, or carried out by the Federal agency) Section 9, Prohibition of Take. Section 9 of the ESA prohibits the “take” of any fish or wildlife species listed under the ESA as endangered. “Take” of threatened species is also prohibited under Section 9 unless otherwise authorized by federal regulations. “Take,” as defined by the ESA, means “to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any Sears Point Wetland and Watershed Restoration Project Final Environmental Impact Report/Environmental Impact Statement 3.5-2 April 2012
California Department of Fish and Game U.S. Fish and Wildlife Service Section 3.5. Biological Resources such conduct.” Harm is defined as “any act that kills or injures the species, including significant habitat modification.” In addition, Section 9 prohibits removing, digging up, cutting, and maliciously damaging or destroying federally listed plants that may occur at sites under federal jurisdiction, such as the Sears Point project site. Section 7, Consultation and Authorization of Take. Section 7 of the ESA provides a means for authorizing take of threatened and endangered species by federal agencies. It applies to actions that are conducted, permitted, or funded by a federal agency. Under Section 7, the federal agency conducting, funding, or permitting an action (the lead agency) must consult with USFWS or NOAA, as appropriate, to ensure that the proposed action will not jeopardize endangered or threatened species or destroy or adversely modify designated critical habitat. If a proposed project “may affect” a listed species or designated critical habitat, the lead agency is required to prepare a biological assessment (BA) evaluating the nature and severity of the expected effect. In response, USFWS or NOAA issues a biological opinion (BO) with a determination of one of the following findings. The proposed action may either: • jeopardize the continued existence of one or more listed species (jeopardy finding); • result in the destruction or adverse modification of critical habitat (adverse modification finding); • not jeopardize the continued existence of any listed species (no jeopardy finding); or • not result in adverse modification of critical habitat (no adverse modification finding). The BO issued by USFWS or NOAA may stipulate discretionary “reasonable and prudent” conservation measures. If a proposed action under review would not jeopardize a listed species, USFWS or NOAA would issue an incidental take statement to authorize the proposed activity. The USFWS and NOAA Fisheries would complete an internal project review process pursuant to Section 7 of the Endangered Species Act. The outcome of the Section 7 process will be a Biological Opinion, as discussed above. Clean Water Act The federal Clean Water Act (CWA) is the primary federal law protecting the quality of the nation’s surface waters, including lakes, rivers, and coastal wetlands. As such, it empowers the United States Environmental Protection Agency (EPA) to set national water quality standards and effluent limitations and establishes permit review mechanisms to enforce them, operating on the principle that all discharges into the nation’s waters are unlawful unless specifically authorized by a permit. Most of the CWA’s provisions are at least indirectly relevant to the management and protection of biological resources because of the link between water quality Sears Point Wetland and Watershed Restoration Project Final Environmental Impact Report/Environmental Impact Statement 3.5-3 April 2012
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Sears Point Wetland and Watershed R
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Sears Point Wetland and Watershed R
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Contents List of Tables ...........
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California Department of Fish and G
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Executive Summary This summary prov
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Table ES-1. Summary of Impacts and
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Table ES-1. Continued Page 3 of 141
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Table 1-1. List of Local, State, an
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Table 1-1. Continued Page 3 of 3 Ag
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Table 2-2. Action Alternatives Cons
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Chapter 3 Affected Environment and
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Section 3.1 Geology, Soils, and Pal
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Section 3.2 Surface-Water Hydrology
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Section 3.6 Land Use and Public Uti
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Section 3.7 Agricultural Resources
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Section 3.11 Air Quality Introducti
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Table 3.11-1. Ambient Air Quality S
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Section 3.12 Noise Introduction Thi
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Section 3.15 Environmental Justice
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Chapter 4 Consultation and Other Re
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Sonoma Land Trust Chapter 4. Consul
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Chapter 5 Public Involvement and Sc
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Sonoma Land Trust Chapter 7. Refere
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