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Administrative Draft Environmental Impact Report Gill Medical Center Project Migratory Bird Treaty Act The Migratory Bird Treaty Act (MBTA) implements international treaties between the U.S. and other nations devised to protect migratory birds, any of their parts, eggs, and nests from activities such as hunting, pursuing, capturing, killing, selling, and shipping, unless expressly authorized in the regulations or by permit.As authorized under the MBTA, USFWS issues permits to qualified applicants for the following types of activities: falconry, raptor propagation, scientific collecting, special purposes (rehabilitation, education, migratory game bird propagation, and salvage), take of depredating birds, taxidermy, and waterfowl sale and disposal.The regulations governing migratory bird permits can be found in 50 CFR part 13 General Permit Procedures and 50 CFR part 21 Migratory Bird Permits. The State of California has incorporated the protection of nongame birds in § 3800, migratory birds in § 3513, and birds of prey in § 3503.5 of the California Fish and Game Code. U.S. Fish and Wildlife Service Birds of Conservation Concern The 1988 amendment to the Fish and Wildlife Conservation Act mandates USFWS "identify species, subspecies, and populations of all migratory nongame birds that,without additional conservation actions, are likely to become candidates for listing under ESA." To meet this requirement, USFWS published a list of BCC (USFWS 2008) for the U.S. The list identifies the migratory and nonmigratory bird species (beyond those already designated as federally threatened or endangered) that represent USFWS's highest conservation priorities. Depending on the policy of the lead agency, projects that result in substantial impacts to BCC may be considered significant under CEQA. Clean Water Act The purpose of the federal Clean Water Act (CWA) is to "restore and maintain the chemical, physical, and biological integrity of the nation's waters." Section 404 of the CWA prohibits the discharge of dredged or fill material into "Waters of the United States"without a permit from the USACE.The definition of Waters of the U.S. includes rivers, streams, estuaries, the territorial seas, ponds, lakes, and wetlands.Wetlands are defined as those areas "that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions" (33 CFR 328.3 7b). The U.S. Environmental Protection Agency (USEPA) also has authority over wetlands, including the authority to veto permits issued by USACE under CWA Section 4O4(c). Projects involving activities that have no more than minimal individual and cumulative adverse environmental effects may meet the conditions of one of the Nationwide Permits already issued by USACE (Federal Register 82:1860, January 6, 2017). If impacts on wetlands could be substantial, an individual permit is required. A Water Quality Certification or waiver pursuant to Section 401 of the CWA is required for Section 404 permit actions;this certification or waiver is issued by the Regional Water Quality Control Board (RWQCB). Biological Resources 4.6-26 October 2021