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Pursuant to Section 401 of CWA,projects that apply for a USACE permit for discharge of dredged or fill material
<br /> must obtain a certificate from the appropriate state agency stating that the intended dredge or fill activity is
<br /> consistent with the state's water quality standards and criteria. In California,the authority to grant water quality
<br /> certification is delegated to the relevant regional water quality control board(RWQCB).
<br /> Federal Endangered Species Act
<br /> USFWS has authority over projects that may affect the continued existence of a federally listed(threatened or
<br /> endangered) species. Section 9 of ESA prohibits"take"of federally listed species; take is defined under ESA, in
<br /> part, as killing,harming, or harassing.Under federal regulations,take is further defined to include habitat
<br /> modification or degradation where it actually results in death or injury to wildlife by significantly impairing
<br /> essential behavioral patterns, including breeding, feeding, or sheltering.
<br /> Section 7 of ESA outlines procedures for federal interagency cooperation to conserve federally listed species and
<br /> designated critical habitat. Critical habitat identifies specific areas that have the physical and biological features
<br /> that are essential to the conservation of a listed species, and that may require special management considerations
<br /> or protection. Section 7(a)(2)requires federal agencies to consult with USFWS to ensure that they are not
<br /> undertaking, funding,permitting, or authorizing actions likely to jeopardize the continued existence of listed
<br /> species or destroy or adversely modify designated critical habitat.
<br /> For projects where federal action is not involved and take of a listed species may occur,the project proponent
<br /> may seek to obtain an incidental take permit under Section 10(a)of ESA. That section allows USFWS to permit
<br /> the incidental take of listed species if such take is accompanied by a habitat conservation plan that includes
<br /> components to minimize and mitigate impacts associated with the take.
<br /> State Plans, Policies, Regulations, and Laws
<br /> California Endangered Species Act
<br /> In accordance with CESA and Section 2081 of the California Fish and Game Code, a permit from DFG is
<br /> required for projects that could result in take of a species state listed as threatened or endangered.Under CESA,
<br /> "take"is defined as an activity that would directly or indirectly kill an individual of a species,but the definition
<br /> does not include"harm"or"harass,"as the federal ESA does. As a result,the threshold for take under CESA is
<br /> higher than that under ESA.
<br /> Porter-Cologne Water Quality Control Act
<br /> Under the Porter-Cologne Water Quality Control Act,waters of the state fall under jurisdiction of the appropriate
<br /> RWQCB. Under the act,the RWQCB must prepare and periodically update water quality control basin plans.
<br /> Each basin plan sets forth water quality standards for surface water and groundwater, as well as actions to control
<br /> nonpoint and point sources of pollution to achieve and maintain these standards. Projects that affect wetlands or
<br /> waters of the state must meet waste discharge requirements of the RWQCB,which may be issued in addition to a
<br /> water quality certification under Section 401 of the CWA.
<br /> Section 1602 of the California Fish and Game Code—Streambed Alterations
<br /> All diversions,obstructions, or changes to the natural flow or bed, channel, or bank of any river, stream, or lake in
<br /> California that supports fish or wildlife resources is subject to regulation by DFG,pursuant to Section 1602 of the
<br /> California Fish and Game Code. Section 1602 states that it is unlawful for any governmental agency, including
<br /> state and local agencies or any public utility,to substantially divert or obstruct the natural flow or substantially
<br /> change the bed, channel, or bank of any river, stream, or lake;use any material from the bed,bank, or channel of
<br /> any river, stream, or lake; or deposit or dispose of debris,wastes, or other material containing crumbled, flaked, or
<br /> ground pavement where it may pass into any river, stream, or lake without first notifying DFG of such activity.
<br /> EDAW Manteca WQCF and Collection System Master Plans EIR
<br /> Terrestrial Biological Resources 4.5-24 City of Manteca
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