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 and ecosystem health. The portions of the CWA that are most directly relevant to biological resources management are contained in CWA Section 404, which regulates the discharge of dredged and fill materials into “waters of the United States,” including all areas within the ordinary high water mark of a stream, including non-perennial streams with a defined bed and bank and any stream channel that conveys natural runoff, even if it has been realigned; and seasonal and perennial wetlands, such as those present at the Sears Point project site. Wetlands are defined for regulatory purposes as areas “inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions” (33 CFR 328.3, 40 CFR 230.3). CWA Section 404 requires project proponents to obtain a permit from the U.S. Army Corps of Engineers (USACE) for all discharges of dredged or fill material into waters of the United States, including oceans, bays, rivers, streams, lakes, ponds, and wetlands, before proceeding with a proposed activity. The USACE may issue either an individual permit evaluated on a case-by-case basis, or a general permit evaluated at a program level for a series of related activities. General permits are preauthorized and are issued to cover multiple instances of similar activities expected to cause only minimal adverse environmental effects. Nationwide Permits (NWPs) are a type of general permit issued to cover particular fill activities. Each NWP specifies particular conditions that must be met in order for the NWP to apply to a particular project. Waters of the United States both at the project site and within its vicinity are under the jurisdiction of the USACE. Compliance with CWA Section 404 requires compliance with several other environmental laws and regulations, including NEPA, the ESA, the federal Coastal Zone Management Act, and the National Historic Preservation Act. In addition, the USACE cannot issue or verify any permit until a water quality certification, or waiver of certification, has been issued (by the State Regional Water Quality Control Board) pursuant to CWA Section 401. Section 404 permits may be issued only for the least environmentally damaging practicable alternative. That is, authorization of a proposed discharge is prohibited if there is a practicable alternative that would have less adverse impacts and lacks other significant adverse consequences. Sears Point Wetland and Watershed Restoration Project Final Environmental Impact Report/Environmental Impact Statement 3.5-4 April 2012
California Department of Fish and Game U.S. Fish and Wildlife Service Section 3.5. Biological Resources Magnuson-Stevens Fishery Conservation and Management Act The Magnuson-Stevens Act establishes a management system for national marine and estuary fishery resources. This legislation requires all federal agencies to consult with the National Marine Fisheries Service (NMFS) regarding all actions or proposed actions permitted, funded, or undertaken that may adversely affect essential fish habitat (EFH). Essential fish habitat is defined as waters and substrate necessary to fish for spawning, breeding, feeding or growth to maturity. The legislation states that migratory routes to and from anadromous fish spawning grounds also should be considered EFH. Within the context of the Magnuson-Stevens Act, the phrase “adversely affect” refers to the creation of any impact that reduces the quality or quantity of EFH. Federal activities that occur outside an EFH but that may nonetheless have an impact on EFH waters and substrate also must be considered in the consultation process. Under the Magnuson-Stevens Act, effects on habitat managed under the Pacific Salmon Fishery Management Plan must be considered as well. The Magnuson-Stevens Act states that consultation regarding EFH should be consolidated, where appropriate, with the interagency consultation, coordination, and environmental review procedures required by other federal statutes, such as NEPA, CWA, and ESA. Essential fish habitat consultation requirements can be satisfied through concurrent environmental compliance requirements if the lead agency provides NOAA Fisheries with timely notification of actions that may adversely affect EFH and if the notification meets the requirements for EFH assessments. Refuge staff will coordinate with NOAA Fisheries pursuant to the Magnuson- Stevens Act concurrent with the Section 7 consultation process described above. Migratory Bird Treaty Act The Migratory Bird Treaty Act (MBTA) (16 USC 703) enacts the provisions of treaties between the United States, Great Britain, Mexico, Japan, and the Soviet Union and authorizes the U.S. Secretary of the Interior to protect and regulate the taking of migratory birds. It establishes seasons and bag limits for hunted species and protects migratory birds, their occupied nests, and their eggs (16 USC 703, 50 CFR 21, 50 CFR 10). Most actions that result in taking or in permanent or temporary possession of a protected species constitute violations of the MBTA. Examples of permitted actions that do not violate the MBTA include: the possession of a hunting license to pursue specific game birds; legitimate research activities; display in zoological gardens; bird-banding; and other similar activities (Faanes et al. 1992). USFWS is responsible for overseeing compliance with the MBTA. Bald and Golden Eagle Protection Act The Bald and Golden Eagle Protection Act (16 U.S.C. 668-668c) prohibits anyone, without a permit issued by the Secretary of the Interior, from “taking” Sears Point Wetland and Watershed Restoration Project Final Environmental Impact Report/Environmental Impact Statement 3.5-5 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 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 3.11 Air Quality Introducti
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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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Environmental Impact Statement - Sonoma Land Trust

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