ARCHIVED REPORTS_DRAFT ENVIRONMENTAL IMPACT REPORT

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Management Act(PL 94-265),the primary law governing marine fisheries management in the federal waters of the United States.Under the Sustainable Fisheries Act, consultation is required by NMFS on any activity that might adversely affect essential fish habitat(EFH). EFH includes those habitats that fish rely on throughout their life cycles. It encompasses habitats necessary to allow sufficient production of commercially valuable aquatic species to support a long-term sustainable fishery and contribute to a healthy ecosystem. The San Joaquin River has been designated as EFH for Pacific salmon. STATE California Endangered Species Act Pursuant to the California Endangered Species Act(CESA) and §2081 of the California Fish and Game Code, a permit from DFG is required for projects that could result in the take of a state-listed Threatened or Endangered species. Under the CESA,"take"is defined as an activity that would directly or indirectly kill an individual of a species but does not include"harm"or"harass"as the federal act does. As a result,the threshold for a take under the CESA is higher than that under the ESA. Fish species occurring in the project vicinity are covered under CESA. REGIONAL AND LOCAL Water Quality Control Plans Water Quality Control Plan (Basin Plan) for the Sacramento/San Joaquin River Basins The Water Quality Control Plan for the Sacramento River and San Joaquin River Basins (Basin Plan)(RWQCB 1998)provides water quality standards for waters of the Sacramento River and San Joaquin River Basins. Beneficial uses identified within the Basin Plan that are directly associated with aquatic resources include: ► Warm Freshwater Habitat-Uses of water that support warm water ecosystems including,but not limited to, preservation or enhancement of aquatic habitats,vegetation, fish, or wildlife, including invertebrates. ► Cold Freshwater Habitat-Uses of water that support cold water ecosystems including,but not limited to, preservation or enhancement of aquatic habitats,vegetation, fish, or wildlife, including invertebrates. ► Estuarine Habitat-Uses of water that support estuarine ecosystems including,but not limited to,preservation or enhancement of estuarine habitats,vegetation, fish, shellfish, or wildlife(e.g., estuarine mammals, waterfowl, shorebirds). ► Rare, Threatened, or Endangered Species -Uses of water that support aquatic habitats necessary, at least in part, for the survival and successful maintenance of plant or animal species established under State or federal law as rare,threatened or endangered. National and California Toxics Rules and the Policy for Implementation of Toxics Standards for Inland Surface Waters, Enclosed Bays and Estuaries of California Criteria for priority pollutants for the State of California are promulgated in the National Toxics Rule (NTR) and California Toxics Rule(CTR). The Policy for Implementation of Toxics Standards for Inland Surface Waters, Enclosed Bays and Estuaries of California(Phase 1 of the Inland Surface Waters Plan and the Enclosed Bays and Estuaries Plan) adopted by the SWRCB on March 2,2000(SWRCB 2000), applies to discharges of toxic pollutants into inland surface waters, enclosed bays, and estuaries. The policy establishes implementation provisions for NTR and CTR criteria, and for priority pollutant objectives established in Basin Plans. The policy also establishes certain monitoring requirements and chronic toxicity control provisions, and includes special provisions for certain types of discharges. EDAW Manteca WQCF and Collection System Master Plans EIR Fisheries and Aquatic Resources 4.13-12 City of Manteca