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Environmental Impact Statement - Sonoma Land Trust

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Chapter 4<br />

Consultation and Other Requirements<br />

Compliance with Applicable Laws, Policies, and<br />

Plans and Regulatory Framework<br />

Introduction<br />

This chapter provides information on the major requirements for permitting and<br />

environmental review and consultation for implementation of the Sears Point<br />

Restoration Project. Certain state and federal regulations require issuance of<br />

permits before project implementation; other regulations require agency<br />

consultation but may not require issuance of any entitlements before project<br />

implementation. The project’s requirements for permits and environmental<br />

review and consultation may change during the EIS/EIR review process as<br />

discussions with involved agencies proceed.<br />

Federal Endangered Species Act<br />

Section 7 of the ESA requires federal agencies, in consultation with USFWS and<br />

NMFS, to ensure that their actions do not jeopardize the continued existence of<br />

endangered or threatened species, or result in the destruction or adverse<br />

modification of the critical habitat of these species. The required steps in the<br />

Section 7 consultation process are as follows:<br />

■<br />

■<br />

■<br />

Agencies must request information from USFWS and NMFS on the<br />

existence in a project area of listed species or species proposed for listing.<br />

Following receipt of the USFWS/NMFS response to this request, agencies<br />

generally prepare a BA to determine whether any listed species or species<br />

proposed for listing are likely to be affected by a proposed action.<br />

Agencies must initiate formal consultation with USFWS and NMFS if the<br />

proposed action would affect listed species.<br />

Sears Point Wetland and Watershed Restoration<br />

Project Final <strong>Environmental</strong> <strong>Impact</strong><br />

Report/<strong>Environmental</strong> <strong>Impact</strong> <strong>Statement</strong><br />

4-1<br />

April 2012

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