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5 <br /> <br />There are nine drainage features within the Property. Generally, water flows from the northwest <br />of the Property towards the southeast through these drainages, in addition to general sheet-flow <br />across the flat grassland areas. All of the drainages are incised due to the highly erosive soils that <br />are found throughout much of the Property. <br />4.0 REGULATORY SETTING <br />4.1 Federal Regulatory Setting <br />4.1.1 Plants and Wildlife <br />The federal Endangered Species Act (ESA) of 1973 (16 USC 1531 et seq., as amended) prohibits <br />federal agencies from authorizing, permitting, or funding any action that would result in <br />biological jeopardy to a plant or animal species listed as Threatened or Endangered under the <br />Act. Listed species are taxa for which proposed and final rules have been published in the <br />Federal Register (USFWS 2022a). If a proposed project may jeopardize listed species, Section 7 <br />of the ESA requires consideration of those species through formal consultations with the <br />USFWS. Federal Proposed species (USFWS 2022b) are species for which a proposed listing as <br />Threatened or Endangered under ESA has been published in the Federal Register. If a proposed <br />project may jeopardize proposed species, Section 7 of the ESA affords consideration of those <br />species through informal conferences with USFWS. The USFWS defines federal Candidate <br />species as “those taxa for which we have on file sufficient information on biological <br />vulnerability and threats to support issuance of a proposed rule to list, but issuance of the <br />proposed rule is precluded by other higher priority listing actions” (USFWS 2022b). Federal <br />Candidate species are not afforded formal protection, although USFWS encourages other federal <br />agencies to give consideration to Candidate species in environmental planning. <br />4.1.2 Wetlands/Waters <br />The federal government, acting through the Corps and the Environmental Protection Agency <br />(EPA), has jurisdiction over all “waters of the United States” as authorized by §404 of the Clean <br />Water Act (CWA) and §10 of the Rivers and Harbors Act of 1899 (33 CFR Parts 320-330). <br />Properties that cause the discharge of dredged or fill material into waters of the United States <br />require permitting by the Corps. Actions affecting small areas of jurisdictional waters of the <br />United States may qualify for a Nationwide Permit (NWP), provided conditions of the permit are <br />met, such as avoiding impacts to threatened or endangered species or to important cultural sites. <br />Properties that affect larger areas or which do not meet the conditions of an NWP require an