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U.S.
Army Corps of Engineers (Corps) |
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Section 404 of the Clean Water
Act (CWA) requires approval prior to discharging dredged or
fill material into the waters of the United States. Waters
of the United States include all navigable waters and their
tributaries, all interstate waters and their tributaries, all
wetlands adjacent to these waters, and all impoundments of
these waters.
The Corps coordinates permit activities with other responsible
agencies (e.g. DFG, Service, etc). |
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U.S. Fish and Wildlife Service (Service) |
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The Service has protective jurisdiction
over species of fish, wildlife and plants that are formally
listed as threatened or endangered under the Federal Endangered
Species Act (FESA). Provisions are made for listing species,
as well as for recovery plans and the designation of critical
habitat for listed species. The Act outlines procedures for
federal agencies to follow when taking actions that may jeopardize
listed species, and contains various exceptions and exemptions.
In the event that jurisdictional wetlands are to be filled
in, a California Tiger Salamander Site Assessment and CTS Biological
Assessment (BA) are conducted to conform to the Service's Interim
Guidance on Site Assessment and Field Surveys for Determining
Presence or a Negative Finding of CTS (September 2003). It
would be required by Service under Section 7 of the Endangered
Species Act (ESA). The CTS BA provides baseline CTS information
to determine whether consultation for potential impacts to
CTS habitats (i.e. aestivation and breeding habitats) is needed.
The Service also requires floral surveys to determine the presence
of federal endangered plant species.
Corps, in accordance with the Section 404 Application and Nationwide
Permit Applications for the fill of adjacent seasonal wetlands,
initiates a formal consultation with the Service regarding potential
impacts to CTS aestivation habitat and federally listed plant
species, as required by Section 7 of the Endangered Species
Act. |
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California Department of Fish and Game (DFG) |
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It is State policy to conserve,
protect, restore and enhance any endangered or threatened species
and its habitat. DFG has jurisdiction over species that are
formally listed as threatened or endangered under the California
Endangered Species Act (CESA). In addition to CESA, the California
Native Plant Protection Act (NPPA) provides protection to endangered
and rare plant species. DFG also maintains an informal list
of species of special concern to be considered during CEQA
review.
DFG requires spring floral surveys to determine potential impacts
to rare or endangered plants.
Corps, in accordance with the Section 404 Application and Nationwide Permit
Applications for the fill of adjacent seasonal wetlands, initiates a formal
consultation with the Service regarding potential impacts to CTS aestivation
habitat and federally listed plant species, as required by Section 7 of the
Endangered Species Act. |
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Regional
Water Quality Control Board (water board) |
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Under Section 401 of the CWA, projects
that apply for a Corps permit for discharge of dredge or fill
material must obtain water quality certification from the water board.
The water board requires stormwater management, Best Management Practices,
and also reviews impacts to habitats and sensitive species.
Additional mitigation measures may also be required. |