|
4.2 – Biological Resources
<br />Draft Environmental Impact Report February 2021
<br />14800 W. Schulte Road Logistics Center 4.2-6
<br />CFGC Sections 2081(b) and (c) authorize take of endangered, threatened, or candidate species if take is incidental
<br />to otherwise lawful activity and if specific criteria are met. In certain circumstances, Section 2080.1 of CESA allows
<br />CDFW to adopt a federal incidental take statement or a 10(a) permit as its own, based on its findings that the
<br />federal permit adequately protects the species and is consistent with state law. A Section 2081(b) permit may not
<br />authorize the take of “fully protected” species, “specially protected mammal” species, and “specified birds” (CFGC
<br />Sections 3505, 3511, 4700, 4800, 5050, 5515, and 5517). If a project is planned in an area where a fully
<br />protected species, specially protected mammal, or a specified bird occurs, an applicant must design the project to
<br />avoid take.
<br />Fully Protected Species and Resident and Migratory Birds
<br />CFGC Sections 3511, 4700, 5050, and 5515 designate certain birds, mammals, reptiles and amphibians, and fish
<br />as fully protected species. Fully protected species may not be taken or possessed without a permit from the
<br />California Fish and Game Commission. CDFW may not authorize the take of such species except for necessary
<br />scientific research, for the protection of livestock, when the species is a covered species under an approved natural
<br />community conservation plan, or as legislatively authorized by the passing of a State Assembly Bill.
<br />In addition, the CFGC prohibits the needless destruction of nests or eggs of native bird species (CFGC Section
<br />3503), and it states that no birds in the orders of Falconiformes or Strigiformes (birds of prey) can be taken,
<br />possessed, or destroyed (CFGC Section 3503.5).
<br />For the purposes of these state regulations, CDFW currently considers an active nest as one that is under
<br />construction or in use, and includes existing nests that are being modified. For example, if a hawk is adding to or
<br />maintaining an existing stick nest in a transmission tower, then it would be considered to be active and covered
<br />under these CFGC sections.
<br />Porter–Cologne Water Quality Control Act
<br />The intent of the Porter–Cologne Water Quality Control Act is to protect water quality and the beneficial uses of
<br />water, and it applies to both surface water and groundwater. Under this law, the State Water Resources Con trol
<br />Board develops statewide water quality plans, and the Regional Water Quality Control Boards develop basin plans
<br />that identify beneficial uses, water quality objectives, and implementation plans. The Regional Water Quality Control
<br />Boards have the primary responsibility to implement the provisions of statewide plans and basin plans. All waters
<br />of the state are regulated under the Porter–Cologne Water Quality Control Act, including isolated waters that are no
<br />longer regulated by the U.S. Army Corps of Engineers. Recent changes in state procedures require increased
<br />analysis and mitigation. Developments with impacts to jurisdictional waters of the state must demonstrate
<br />compliance with the goals of the Porter–Cologne Act by developing Stormwater Pollution Prevention Plans, Standard
<br />Urban Stormwater Mitigation Plans, and other measures to obtain a Clean Water Act Section 401 certification
<br />and/or Waste Discharge Requirement.
<br />California Environmental Quality Act
<br />CEQA requires identification of a project’s potentially significant impacts on biological resources and feasible
<br />mitigation measures and alternatives that could avoid or reduce significant impacts. The State CEQA Guidelines (CEQA
<br />Guidelines), Section 15380(b)(1), defines endangered animals or plants as species or subspecies whose “survival
<br />and reproduction in the wild are in immediate jeopardy from one or more causes, including loss of habitat, change in
<br />habitat, overexploitation, predation, competition, disease, or other factors” (14 CCR 15000 et seq.). A rare animal or
<br />plant is defined in Section 15380(b)(2) as a species that, although not presently threatened with extinction, exists “in
|