Environmental Impact Statement - Sonoma Land Trust

Sonoma Land Trust
Chapter 4. Consultation and Other Requirements
on the species; maintain the project applicant’s objectives to the greatest
extent possible; are capable of successful implementation; and adequate
funding is provided to implement the required minimization and mitigation
measures and to monitor compliance with, and the effectiveness of, the
measures.
California law (Fish and Game Code Sections 3511, 4700, 5050, and 5515)
allows the designation of a species as fully protected. This is a greater level of
protection than is afforded by CESA, since such a designation means the listed
species cannot be taken at any time. No incidental take can be authorized by the
DFG for fully protected species.
Based on information from the California Natural Diversity Database (CNDDB)
and from the Existing Conditions Report, a number of state-listed species were
determined to occur in the project area. These are included in Table 3.5-2.
Project actions resulting in the mortalitytake of sensitive species may be covered
under a federal take permit for species that are both federally and state listed may
be covered under a Consistency Determination (2080.1). Otherwise a or a state
Section 2081 permit would be required for the take of exclusively state-listed
species.
National Historic Preservation Act
Section 106 of the NHPA requires federal agencies to evaluate the effects of
federal undertakings on historical, archeological, and cultural resources.
Agencies are required to identify historical or archeological properties near
proposed project sites, including properties listed in the NRHP and those
properties that the agency and the SHPO agree are eligible for listing in the
NRHP. If the project is determined to have an adverse effect on NRHP–listed
properties or those eligible for listing in the NRHP, the agencies are required to
consult with the SHPO and the ACHP to develop alternatives or mitigation
measures to allow the project to proceed. The Section 106 process has four basic
steps:
1. Initiation of the Section 106 process (define area of potential effects [APE]
and scope of identification efforts).
2. Identification of historic properties.
3. Assessment of adverse effects to historic properties.
4. Resolution of adverse effects to historic properties. As discussed above,
compliance with Section 106 requires the USFWS to inventory historic
properties and evaluate the eligibility of those properties for listing in the
NRHP. The effects of the proposed project on properties that may be eligible
for listing or are already listed on the NRHP was addressed during that
process.
Sears Point Wetland and Watershed Restoration
Project Final Environmental Impact
Report/Environmental Impact Statement
4-3
April 2012