RES 06035 - Laserfiche WebLink

Draft Environmental Impact Report Bernal Property Phase II Specific Plan The CDFG also maintains lists of "species of special concern" that are defined as species that appear to be vulnerable to extinction because of declining populations, limited ranges, andjor continuing threats. Under the CESA, "take" can be permitted under Section 2081 of the Fish and Game Code. The applicant must enter into a habitat management agreement with the CDFG, which defines the permitted activities and provides adequate mitigation. California Environmental Quality Act Section 15380(b) of the California Environmental Quality Act (CEQA) Guidelines provides that a species not listed on the federal or state lists of protected species may be considered rare or endangered if the species can be shown to meet certain specified criteria. These criteria have been modeled after the definitions in FESA and CESA and the section of the California Fish and Game Code dealing with rare or endangered plants or animals. This section was included in the Guidelines primarily to deal with situations in which a public agency is reviewing a project that may have a significant effect on a species that has not yet been listed by either USFWS or CDFG. Clean Water Act Under Section 404 of the Clean Water Act, the U. S. Army Corps of Engineers ("Corps") is responsible for regulating the discharge of fill material into waters of the United States. Waters of the U.S. and their lateral limits are defined in 33 CFR Part 328.3 (a) and include streams that are tributary to navigable waters and their adjacent wetlands. Wetlands that are not adjacent to waters of the U.S. are termed "isolated wetlands" and, depending on the circumstances, may also be subject to Corps jurisdiction. The project site contains seasonal wetlands that may be under the jurisdiction of the Clean Water Act. California Water Quality and Water body Regulatory Programs This program regulates discharges of fill and dredged material into Waters of the State under Section 401 of the Clean Water Act and under the Porter-Cologne Water Quality Control Act. The California Regional Water Quality Control Boards (RWQCB) protect all waters in the regulatory scope of those agencies, but have special responsibility for wetlands, riparian areas, and headwaters: these waterbodies have high resource value and are vulnerable to filling. RWQCB jurisdiction includes dredge and fill activities in "isolated" wetlands and waters which may not be regulated by the Corps. Pursuant to Section 401 of the federal Clean Water Act, projects that are regulated by the Corps must obtain water quality certification from the RWQCB. This certification ensures that the Project will uphold state water quality standards. The RWQCB may impose mitigation requirements even if the Corps does not. The CDFG exerts jurisdiction over the bed and banks of rivers, lakes, and streams according to provisions of Section 1601 to 1603 of the Fish and Game Code. The Fish and Game Code requires a Streambed Alteration Agreement for the fill or removal of material within the bed and banks of a watercourse or waterbody and for the removal of riparian vegetation. D2