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Draft Environmental Impact Report Page IV.H-19
<br /> Forward Inc. Landfill Expansion Project
<br /> 1. The CDFG administers the CNPPA, which allows the California Fish and Game Commission to
<br /> designate rare and endangered rare plant species and to notify landowners of the presence of
<br /> such species. It also allows the commission to regulate the "taking, possession, propagation,
<br /> transportation, exportation, importation, or sale of any endangered or rare native plants"44. The
<br /> CNPPA further directs that "... [n]o person shall import into this state, or take, possess, or sell
<br /> within this state, except as incident to the possession or sale of the real property on which the
<br /> plant is growing, any native plant,or any part or product thereof, that the commission
<br /> determines to be an endangered native plant or rare native plant"45. However, the prohibition
<br /> against"take" of native plants does not apply to "the removal of endangered or rare native
<br /> plants from a canal,lateral ditch,building site, or road, or other right-of-way by the owner of
<br /> the land or his agent, or the performance by a public agency or a publicly or privately owned
<br /> public utility of its obligation to provide service to the public" where the landowner at issue has
<br /> notified CDFG "at least 10 days in advance of changing the land use to allow for salvage of such
<br /> avail itself of the opportunity to remove the lants46
<br /> plant and CDFG fails to pp ty p
<br /> The CFGC47 makes it illegal to take, possess, or needlessly destroy the nest or eggs of any bird
<br /> except as otherwise provided under the code. The CFGC prohibits the take, possession, or
<br /> needless destruction of any nests, eggs or birds in the orders Falconiformes (new world
<br /> vultures, hawks,eagles, ospreys and falcons, among others)or Strigiformes (owls)". the take or
<br /> possession of fully protected birds'. and the take or possession of any migratory nongame bird
<br /> or part thereof as designated in the MBTA".
<br /> The Significant Natural Areas Program(SNAP51)was established to encourage the cooperation
<br /> of federal, state, local, and private sectors, including private organizations and individuals, in
<br /> efforts to maintain areas containing diverse ecological and geological characteristics, which are
<br /> vital to the continual health and well being of the state's natural resources and of its citizens.
<br /> Regional Water Quality Control Board
<br /> Pursuant to the Clean Water Act52 and the guidelines of the U.S. Environmental Protection
<br /> Agency (USEPA53), an applicant for a federal permit to conduct any activity which may result in
<br /> discharge into navigable waters must provide a certification from the Regional Water Quality
<br /> Control Board (RWQCB)that such discharge would comply with the state water quality
<br /> standards 54. The RWQCB focuses on ensuring thatpsrojects do not adversely affect the
<br /> f "beneficial uses" associated with waters of the State s. In most cases, the RWQCB. seeks to
<br /> 44 CFGC Section 1907
<br /> t as CFGC Section 1908
<br /> 46 CFGC Section 1913
<br /> "CFGC Section 3503
<br /> 48 CFGC Section 3503.5
<br /> 41 CFGC Section 3511
<br /> so CFGC Section 3513
<br /> si CFGC Section 1930--1940
<br /> szCWA,Section 401
<br /> 13 CWA Section 404(b)(1)
<br /> 'CCR Title 23, Sections 3830, et seq.
<br /> ss Waters of the State are defined as"any surface water or groundwater, including saline waters,within
<br /> the boundaries of the state." (California Water Code Section 13050(e).)These waters include nearly
<br /> every and all surface or groundwater in the state,or tributaries thereto,and include drainage features outside
<br /> USACE jurisdiction(e.g., dry and ephemeral/seasonal stream beds and channels,etc.,isolated wetlands such as
<br /> vernal pools, seeps,springs and other groundwater-supplied wetlands,etc.,and storm drains and flood control
<br /> channels.
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