HomeMy WebLinkAboutArmy Corps of Engineers - PLN General - 10/23/2002 DEPARTMENT OF THE ARMY
. SEATTLE DISTRICT,CORPS OF ENGINEERS
P.O. BOX 3755 `
SEATTLE,WASHINGTON 98124-3755
-- REPLY TO ATTENTION OF OCT 2 3 2002
Regulatory Branch
Ms. Jane C. Martin
240 North Ayock Beach Drive
Lilliwaup, Washington 98555
Ms. Anna M. Chester
1509 Northwest 100th Street
Seattle, Washington 98177-5401
Reference: 2002-2-01088
Martin, Jane C.
and Anna M. Chester
Dear Ms. Martin and Ms. Chester:
I have received your application for a Department of the Army permit to do work for the
purpose of erosion prevention in Hood Canal, at Lilliwaup, Washington. We have assigned the
above referenced file number to this project. Please cite this number in any correspondence with
us concerning this project. I will be the project manager for the processing of this application.
The JARPA that you submitted is incomplete. The proposed work must be described both
in a written document and graphically in your drawings. Especially in this case, when drawings
are unreadable, the narrative provided in response to JARPA question 7a is essential. Your
response to question#2 indicates that you would like to designate Ms. Sharon Moth as your
agent. However, although you both signed the section in question#19,which allows you to
designate an agent, you did not fill in the blank for the agent's name. Until I receive a signed
document designating Ms. Moth as your agent, I will continue to route all correspondence to you
both, as the applicants.
The drawings that you submitted were unclear and in some cases, unreadable. It appears
that they have lost clarity due to excessive copying. In order to expedite the review of your
application, you should submit drawings for the project as detailed below and on the Drawing
Checklist(enclosure 1). Clean drawings are essential for the prompt evaluation of your
application. The ultimate objective is a set of drawings that allows someone who is unfamiliar
with the project to get a clear and accurate understanding of the project in general and the details
of how the streams and wetlands will be affected.
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Please provide a set of the project drawings in black and white, on 8 %-by 11-inch sheets
showing the current and proposed features, current and proposed elevations, wetland boundaries,
adjacent property ownership, etc. Drawings should be originals and not reduced copies of large-
scale plans. If you must reduce large drawings, make sure that the text and labels are legible at
the smaller size and that the scale is adjusted to the reduction.
Sheet 1 should be a site/vicinity map,which clearly shows the project in relation to nearby
roads,waterways and other landmarks. Include the boundaries of your property and the
longitude and latitude of the project site on this sheet. Sheet 2 should be a plan view that shows
the location and dimensions of the proposed work. Sheet 3 should show a cross sectional or
elevation view of the proposed work. This sheet should include the dimensions of the proposed
work. All drawings should include a graphic scale.
The Mean Higher High Water(MHHW) line should be shown on the plan and section
views. You should include the appropriate datum if available.
All of your drawings should include a title block listing the applicant, location,project
purpose,project description, date, and sheet number. I have provided you with an example title
block you may use on your drawings.
Reference:2002-
Applicant:
Proposed:
Purpose:
At Washington
Sheet of Date
In the project vicinity, a number of fish and wildlife species have been listed as threatened
under the Endangered Species Act(ESA), effective May 24, 1999. Under the
U.S. Army Corps of Engineers (Corps)Federal permit program,permit applications are reviewed
for the potential impact on threatened and endangered species pursuant to Section 7 of the ESA,
as amended. The ESA requires that Federal agencies such as the Corps take action as necessary
to ensure that we do not authorize, fund, or carry out actions that are likely to jeopardize the
continued existence of endangered or threatened species or result in the destruction or adverse
modification of designated critical habitat for such species. To fulfill our obligations required
under the ESA, the Corps, through consultation with the National Marine Fisheries Service
(NMFS) and the U.S. Fish and Wildlife Service (FWS),must evaluate the potential impact of the
proposed work on listed species.
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Before we can move forward with the required consultations, you must contact NMFS and
FWS to determine what listed or proposed species are present in your project area. You must
then submit a Biological Evaluation(BE)to address all listed or proposed species present. A
qualified biologist,with experience and/or strong understanding of the species of concern and
their habitat as it relates to your project(i.e. marine or fresh water systems), should prepare your
BE. Many consulting firms in the area have qualified biologists on staff that can prepare a BE.
Enclosure 2 is a public notice describing the Corps' responsibilities under the ESA with guidance
on how to prepare a BE.
For a species list, contact:
U.S. Fish and Wildlife Service
Endangered Species Division
510 Desmond Drive Southeast, # 102
Lacey, Washington 98503-1273
Telephone: (360) 753-9440
Website: http://endangered.fws.gov/index.html
National Marine Fisheries Service
Washington Habitat Conservation Branch
510 Desmond Drive Southeast, Suite 103
Lacey, Washington 98503
Telephone: (360) 753-9530
Website: http://www.nwr.noaa.gov
The Corps must review the potential project impacts on threatened and endangered species
for the majority of the permit applications received. As a consequence, we currently have a large
backlog of permit applications. Your application will be reviewed in the order it was received.
We request your patience as we attempt to serve all applicants in as timely and equitable a
manner as possible.
The Magnuson-Stevens Fishery Conservation and Management Act(MSA), as amended by
the Sustainable Fisheries Act of 1996 (Public Law 104-267), established procedures designed to
identify, conserve, and enhance Essential Fish Habitat(EFH) for those species regulated under a
Federal fisheries management plan. The MSA requires Federal agencies to consult with NMFS
on all actions, or proposed actions, authorized, funded, or undertaken by the agency,that may
adversely affect EFH (MSA §305(b)(2)).
You will need to assess your project to include a discussion on the potential impacts of
EFH. Enclosure 3 is a template developed by NMFS for the EFH assessment. Where possible,
refer to the BE/BA. For example, project description,parts of the effects analysis, and
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conservation measures may be appropriate to the EFH assessment. If the project will adversely
affect EFH,then the Corps will initiate consultation with NMFS in associated with the ESA
consultation.
You must complete the Certification of Consistency with the Coastal Zone Management
Program (enclosure 4). Please fill in any relevant permitting information and sign the form. We
require this form before we issue a Public Notice.
You must submit the requested information within 90 days of the date of this letter. After
you submit the required information, I may contact you to discuss more specific aspects of your
proposal. If you do not submit the requested information, your application will be cancelled.
However,this would not preclude you from submitting another application in the future.
Since a Department of the Army permit is necessary for this work, do not commence
construction before the permit has been issued. A copy of this letter will be furnished with
enclosures to Ms. Sharon Moth, 12100 129 Lane Northeast#N305,
Kirkland, Washington 98034. If you have any questions,please call me at(206) 766-6438.
Sincerely, Qx
q�a
4AK
JJe ica Gram ling
Project Manager
Enclosures
pars ose
ro
US Army Corps Drawing Checklist '
of Engineers ' �s
Seattle District ck+roK�o°P
1. GENERAL
❑Use clear black lettering and fewest number of sheets possible;use 8 '/2-by 11-inch sheets
❑State the purpose of the proposed or existing work
❑List property owners and indicate number by number on plan view drawing
❑ Show datum used in plan and elevation drawings
❑Use a graphic scale on all drawings
❑Use a north arrow;prepare drawing with north being directed to the top of the page
❑Label all proposed and existing work as such(e.g.,Proposed Pier,Proposed Fill...)
2. TITLE BLOCK
❑ A completed title block(first example)must be on every sheet;for subsequent sheets you can use the
abbreviated form(second example)
PURPOSE: APPLICANT PROPOSED:
2002-
DATUM: IN:
LOCATION ADDRESS NEAR/AT:
ADJACENT PROPERTY COUNTY: STATE: WA
OWNERS:
1• SHEET*OF
2.
DATE:
Reference: 2002-
Applicant:
Proposed:
At Washington
Sheet *of * Date
3. VICINITY MAP
❑ Clearly show location of project(e.g.,arrow,circle,etc.)
❑ List latitude,longitude,section,township,and range
❑ Name waterways
❑ Show roads,streets,and/or mileage to nearest town or city limits
4. PLAN VIEW
❑ Show shorelines:
Tidal: Show mean high water(MHW)line,mean higher high water(MHHW)line
Lakes or streams: Show the ordinary high water(OHW)line
❑ Show dimensions of proposed structures/fills;distance to property lines;encroachment beyond applicable
shoreline;show wetland boundaries and specific impacts to wetlands
❑Indicate location,quantity,and type of fill,if any
❑ Show all existing structures or fills on subject and adjacent properties
❑ Show direction of currents such as tidal ebb and flood
❑Indicate adjacent property ownership
5. ELEVATION AND/OR SECTION VIEW
❑ Show shorelines,MHW line,MHHW line,OHW line,wetland boundary
❑Show original and proposed elevations,water depths,dimensions of proposed structures or fills,and
pertinent vertical dimensions to top and base of structure/fill;use the same vertical and horizontal scale,if
possible
pecial
l!S Army Corps EngineersSe u fisc No tice
Seattle District
Regulatory Branch
Post Office Box 3755 Publication Date: 11 April 2000
Seattle, Washington 98124-2255
Telephone (206) 764-3495
CORPS OF ENGINEERS REGULATORY PROGRAM
AND THE ENDANGERED SPECIES ACT
Since May 24, 1999, a number of species of salmon, steelhead, and trout inhabiting Northwest
waters were listed in the Federal Register by the National Marine Fisheries Service and the
U.S. Fish and Wildlife Service as endangered, threatened, or proposed species under the
Endangered Species Act (ESA) of 1973. In addition, the habitat for most of these species has
been designated as critical for their conservation. The purpose of this special public notice is to
advise permit applicants and agents who apply for Department of the Army permits, as well as
other interested parties, of the following:
• Purpose of the Endangered Species Act
• How the ESA Listings and Critical Habitat Designations Affect the U.S. Army Corps of
Engineers' (Corps) Regulatory Program and Permit Applicants
• Actions Being Taken by the Corps and Other Agencies to Expedite the Processing of
Permit Applications
• Table of Current ESA Listings for Washington State Waters (see enclosure 1)
• Draft Guidance for Preparation of a Biological Evaluation or Biological Assessment
(see enclosure 2)
• Project Conditions or Actions Determined to Have No Effect on Listed Species or
Designated Critical Habitat for Fresh, Marine, and Estuarine Waters (see enclosure 3)
• Common Terms Used in the ESA (see enclosure 4)
PURPOSE Or: THE ESA OF 1973. The Endangered Species Act of 1973 was passed by the
United States Congress for the purpose of providing a means whereby ecosystems and the
endangered and threatened species that depend upon them may be conserved. It is the
declared policy of Congress that all Federal departments and agencies shall seek to conserve
endangered and threatened species and shall utilize their authorities in furtherance of the
purposes of the ESA. Congress further declared that Federal agencies shall cooperate with
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State and local agencies to resolve water resource issues in concert with conservation of-
endangered species (see 50 CFR, Part 402 and 33 CFR, Part 320.3(i)).
Section 7(a)(1) of the Act authorizes Federal agencies, in consultation with the Secretary of the
Interior or Commerce, depending on the species involved, to utilize their resources in
furtherance of the purposes of the Act by carrying out programs for the conservation of
endangered and threatened species ("listed species") listed pursuant to Section 4 of the Act.
Section 7(a)(2) of the Act requires Federal agencies, in consultation with the Secretary, to
ensure that any action authorized, funded, or carried out by such agency is not likely to
jeopardize the continued existence of any listed species or result in the destruction or adverse
modification of habitat of such species which has been designated as critical ("critical habitat").
Authority to conduct consultations has been delegated by the Secretary of the Interior to the
U.S. Fish and Wildlife Service (FWS) and by the Secretary of Commerce to the National Marine
Fisheries Service (NMFS) (the Services).
HOW THE ESA LISTINGS AND CRITICAL HABITAT DESIGNATIONS AFFECT THE CORPS'
REGULATORY PROGRAM AND APPLICANTS. Under the Corps' Federal permit program,
permit applications must be reviewed for the potential impact on threatened and endangered
species pursuant to Section 7 of the ESA. The Corps, through informal and formal consultation
procedures with the Services, must evaluate information on the presence of listed species
(including timing and life stages), habitat for such species and their prey sources, and other
parameters. These consultation procedures are outlined in a March 1998 Consultation
Handbook prepared by the Services. The information required for ESA evaluation must be
prepared in the form of a Biological Evaluation (BE) or Biological Assessment (BA) which is
utilized to assess project impacts to listed, and/or proposed species and designated and/or
proposed critical habitat (see enclosure 2 of this special public notice for a list of required
information that must be included in a BE/BA).
As required by the Corps' regulations at 33 CFR, Part 325.2(b)(5), ESA information is required
for all pending and future permit applications for work affecting listed species before a permit
decision can be made. Department of the Army permit regulations (33 CFR, 325.1(e)) authorize
the District Engineer to obtain additional information from permit applicants deemed essential to
making a public interest determination including environmental data such as the ESA
information discussed herein. Before the Corps can make a permit decision on pending and
future permit applications for work affecting listed species or critical habitat, a BE/BA must be
prepared by a qualified biologist at the applicant's expense and be provided to the Corps so that
the required ESA coordination can be conducted with the appropriate agencies. Many
consulting firms in the area have qualified biologists on staff that can prepare a BE/BA. In the
event that an applicant is unable to have a BE/BA prepared, they should contact the Corps'
Seattle District, Regulatory Branch, at telephone (206) 764-3495 for assistance. Additional
project information may also be requested before the permit application is processed.
Because the new ESA listings are all aquatic species, the Corps must now review the potential
project impacts on listed species and designated critical habitat for the majority of the permit
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applications received. In addition, the Corps must also review potential project impacts on
species proposed for listing and proposed critical habitat. The additional ESA requirements
have resulted in much longer permit processing times by the Corps' Seattle District, Regulatory
Branch, than in the past and a large backlog of permit applications. The backlog as of
March 16, 2000, was approximately 849 pending permit applications, a 103 percent increase
since the May 24, 1999, ESA listings. As discussed below, the Corps is currently placing ESA
emphasis on large groups of similar types of activities (programmatic BEs) to expedite the
processing of some of the permit applications. We request your patience as we attempt to
serve all permit applicants in as equitable a manner as possible.
The ESA procedures discussed above must be followed for all pending and future projects
potentially affecting listed species or designated critical habitat, regardless of the size or
potential impacts (adverse or beneficial) of a proposed project, whether a project is for new work
or the repair or replacement of existing work (i.e., Nationwide Permit 3), or the type of permit
process utilized by the Corps. The ESA procedures must be followed for all projects that could
be authorized by nationwide permits, including those that did not previously require prior
notification to the Corps. This requires submittal of appropriate notification (JARPA,
pre-construction notification, or letter) to the Corps including project drawings and a BE/BA.
A BE/BA prepared for a specific project will have one of three conclusions as to its effect on
listed species. These conclusions are as follows: (1) no effect; (2) may affect, not likely to
adversely affect; or (3) may affect, likely to adversely affect. If the Corps determines that a
project will have "no effect" on a listed species, consultation with the Services is not required
and the Corps can proceed with the permit process and a permit decision. The Corps, in
consultation with the Services, has determined that certain actions would have "no effect" on
listed species. A description of actions determined to have "no effect" on listed species or
designated critical habitat is provided in enclosure 3 of this public notice. This list will be
update, as needed. Where the conclusion in a BE/BA is a "may effect, not likely to adversely
effect" or "may effect, likely to adversely effect," see discussion below.
ACTIONS BEING TAKEN BY THE CORPS AND OTHER AGENCIES TO EXPEDITE THE
PROCESSING OF PERMIT APPLICATIONS. The Corps and the Services have been meeting
on a bi-weekly basis ("batched consultation meetings") to discuss permit applications in which
completed Draft BE/BAs have been prepared and the Corps has concluded that the proposed
work "may affect, but is not likely to adversely affect" listed species or designated critical habitat.
This is part of the "informal consultation" process. If the Services concur with a Corps
determination that a project is "not likely to adversely affect" listed species or designated critical
habitat, then the Corps can complete its permit process and permit decision. If either of the
Services non-concurs with the Corps' determination, then formal consultation can be initiated as
discussed below. In the informal consultation process, the Services will typically respond within
30 days of receipt of a BE/BA. If a permit is issued, special conditions may be added to the
permit to protect listed species or designated critical habitat [33 CFR, Part 325.4(a)(1)].
When the Corps determines that a proposed project is "likely to adversely affect" listed species
or designated critical habitat, "formal consultation" with one or both of the Services is initiated.
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The formal consultation process is similar to the informal consultation process described 9bove
with the major exception of time allowances for resource agency review. In the formal
consultation process, the agencies have up to 90 calendar days to prepare a draft Biological
Opinion (BO) and have up to an additional 45 calendar days for the Corps' review and comment
and for preparation of a final BO. Also, in formal consultation, the Services can require certain
reasonable and prudent measures, terms, and conditions to be incorporated into the project if
they believe the work can proceed with only incidental take that will not cause jeopardy to the
continued existence of the species. However, if the Services believe no conditions could be
placed upon the work to reduce impact to that level, they can then make a determination of
"jeopardy." If this occurs, then the Corps must deny the permit request.
As a result of the large backlog of permit applications due to the new ESA requirements, the
Corps is working closely with the Services to develop "programmatic" BE/BAs to expedite the
ESA compliance process for the majority of permit applications. These programmatic permits
will be prepared in two phases. The Phase I programmatic BEs will include a number of
different types of minor construction activities considered "not likely to adversely affect" listed
species or designated critical habitat. The Services must then provide a concurrence letter (with
or without conservation measures) or non-concur and explain why they believe certain types of
projects would adversely affect listed species.
The Phase II programmatic BAs will include a number of different activities considered "likely to
adversely affect" listed species or designated critical habitat. This is intended to result in formal
consultation as described above with a programmatic BO either stipulating measures to allow
projects to proceed with appropriate permit conditions (reasonable and prudent measures to
reduce potential impacts on listed species), or stipulating that one or more activities are likely to
cause jeopardy in the areas of their intended use. Phase I of the programmatic consultations
has been initiated and is expected to be finalized in the spring of 2000. Work on developing
Phase II of the programmatic consultations will be initiated after the submittal of Phase 1 to the
Services. Upon conclusion of these processes, a special public notice will be published
announcing the results of each of these phases.
The Corps is also planning to delegate certain State or local agencies as non-Federal
representatives to work one-on-one with the Services on informal consultation, as allowed by
50 CFR 402.08 of the ESA regulations. If an agency has a consultation protocol in place and
has qualified biological staff dedicated to preparing BEs, then the Corps' Seattle District,
Regulatory Branch, may consider such delegation. The Corps is currently working closely with
King County and the Washington State Department of Transportation on ESA delegation
authority.
In addition to the above actions, the Corps will be holding workshops in the summer of 2000 for
consultants and other interested parties concerning the preparation of BE/BAs. A public notice
will be issued announcing the proposed dates of these workshops.
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Additional ESA information may be obtained from the following web sites:
htt-o : //www . nwr . noaa . gov/lsalmon/salmesa/index . htm,l
http : //www . fws . gov/r9endspp/endspp . html
www4 . Law . Cornell . edu/uscode/16/ch35 . ht:n1
If you have any questions or need additional information on the ESA, please contact the
Corps' Seattle District, Regulatory Branch, at telephone (206) 764-3495.
Corps' Seattle District's web site
http://www.nws.usace.army.mil
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a
Threatened & Endangered Salmonid ESUs & DPSs
Occurring in Washington State (by species) Critical
Habitat
Evolutionary Sig. Unit(ESU) Status Fed Register Date
Snake R. Spring/Summer Chinook Final, Threatened Apr. 22, 1992 Y
Snake R. Fall Chinook Final, Threatened Apr. 22, 1992 Y
NOTE: On Mar. 9, 1998, proposal made to add areas to Snake R. fall chinook ESU
Lower Columbia R. Chinook Final, Threatened Mar. 24, 1999 Y
Upper Columbia R. Spring Chinook Final, Endangered Mar. 24, 1999 Y
Upper Willamette R. Chinook Final, Threatened Mar. 24, 1999 Y
Puget Sound Chinook Final, Threatened Mar. 24, 1999 Y
Snake R. Sockeye Final, Endangered Nov. 20, 1991 Y
Ozette Lake Sockeye Final, Threatened Mar. 25, 1999 Y
Snake R. Steelhead Final, Threatened Aug. 18. 1997 Y
Lower Columbia R. Steelhead Final, Threatened Mar. 19, 1998 Y
Middle Columbia R. Steelhead Final, Threatened Mar. 25, 1999 Y
Upper Columbia R. Steelhead Final, Endangered Aug. 18, 1997 Y
Upper Willamette Steelhead Final, Threatened Mar. 25, 1999 Y
Columbia River Chum Final, Threatened Mar. 25, 1999 Y
Hood Canal Summer Chum Final, Threatened Mar. 25, 1999 Y
Lower Columbia R./SW WA. Coho Candidate Jul. 25, 1995 N/A
Puget Sound/St. of Georgia Coho Candidate Jul. 25, 1995 N/A
Coastal/Puget Sound Bull Trout Final, Threatened Nov. 1, 1999 N
Columbia River Bull Trout Final, Threatened Jun. 20, 1998 N
SW Washington/Columbia River
Coastal Cutthroat Trout Proposed, Threatened Apr. 5, 1999 N
Common Name : Scientific Name
Chinook salmon : Oncorhynchus tshawytscha Sockeye salmon : Oncorhynchus nerka
Chum salmon : Oncorhynchus ket Steelhead : Oncorhynchus mykiss
Coho salmon : Oncorhynchus kisutch Bull Trout : Salvenlinus conf/uentus
Cutthroat Trout : Oncorhynchus clarki clarki
March 28, 2000
Enclosure 1
• CENWS-OD-RG
Version: February 5, 2001
WORKING DOCUMENT for Preparation of a
Biological Evaluation (BE) or Biological Assessment (BA)
This outline is to serve as a guide for the preparation of average Biological Evaluations or
Biological Assessments (BEs/BAs) required for consultation under the Federal Endangered
Species Act (ESA). The U.S. Fish and Wildlife Service and the National Marine Fisheries
Service (the Services) administer the ESA, and all Federal action agencies must be in
compliance. Informal consultation (submission of a BE) is geared to demonstrate to the
Services that impacts to listed species are insignificant and/or discountable', and if the
Services agree they will write a concurrence letter. Formal consultation (submission of a BA),
indicates that the impacts to listed species are not insignificant and/or discountable. In the
case of formal consultation, the Services will write a Biological Opinion (BO). While the U.S.
Army Corps of Engineers, Seattle District, Regulatory Branch (Corps) requires that applicants
prepare BEs and BAs, we encourage applicants or their consultants to first work with the
Corps project manager on defining action area (note caveats in bolded italics below).
Applicants should be aware that the Corps requires revisions to the majority of the BE/BA's.
As the Corps consults with the Services, new information and new understandings are
developed as to the level of detail needed for varying activities. The process, especially in
regards to listed fish species, is evolving so rapidly that updates from the Corps and the
Services are only periodic. For the most recent updates, please see the Corps website
http://www.nws usace army mil/reg/reg htm. In between updates, the Corps' only means of
dispersing new information is through individual comments on BE/BA's.
I. Project Description:
A. Project Location: City, county, State, township, range and section number. Provide
vicinity maps.
B. Project Description: Describe the proposed project (briefly), the project purpose and
the methods and timing of construction to be employed in building the project (in
detail). The idea is to identify both temporary and permanent actions that could affect
the species or critical habitat in sufficient detail to allow an assessment of potential
impacts.
Consider actions such as, but not limited to, vegetation removal, temporary or
permanent elevations in noise level, temporary or permanent water quality impacts
associated with sedimentation, turbidity and/or erosion, temporary or permanent
All italicized words have specific definitions under the Endangered Species Act(ESA). Refer to these
definitions, not those within other Corps or federal guidance.
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Fnclosure 2, Revised
channel modifications, temporary or permanent hydrological or hydraulic alterations
(i.e. dewatering). Include secondary impacts such as access roads, power lines etc.
Provide project drawings. In some cases it is useful to provide drawings showing the
location of the staging, access, detours, and work corridors associated with the
construction activity.
C. Construction Technique: Address the following items:
• Construction Sequenq(
• Site Preparation:
• Equipment Used:
• Materials Used:
• Work Corridor:
• _Staging areas and equipment wash outs:
• Stockpiling areas:
• Running of Equipment During Construction:
• Soil stabilization:
• Clean-Up and Reve etation:
• Project Timing:
• Duration of Construction.-
Common mistakes: Common mistakes in the Project Description and Project
Construction include:
• Addressing only the project description and not the project construction
• Describing an aspect of project construction and then not addressing the associated
impacts of project construction under "Effects of the Action".
• Failure to discuss temporary impacts such as detours, temporary road accesses,
temporary clearing for staging areas, construction areas, and dewatering.
• Failure to identify the location of borrow sites or disposal sites.
• Failure to discuss construction sequencing and timing of construction.
• Failure to discuss methods of clean-up, disposal, and/or revegetation.
• Failure to discuss mitigation areas (plans) that may be required through the Corps,
state or local regulations (i.e. wetland mitigation areas).
• Referring to "Best Management Practices (BMPs)" and/or "Temporary Erosion and
Sediment Controls (TESC)" without stating each BMP or TESC under Conservation
Measures.
• Referring to construction or revegetation monitoring without providing the monitoring
plans with the BE/BA.
II. Action Area: The action area includes not only the activity proposed within Corps
jurisdiction but also all interrelated and/or interdependent activities. The action area must
include the project area and all the areas surrounding the activity proposed in Corps
jurisdiction up to where effects will no longer be felt. All potential direct and indirect, and
short- and long-term effects to the listed species and its habitat are included. These
impacts vary from species to species. For example, when driving piling, the project area
would include the pile being driven and the equipment and barge driving the pile. If listed
fish and bald eagles occur in the vicinity, the action area would include the project area
and, among other impacts, the potential water quality impacts to fish through increased
turbidity during the pile driving (typically a 25-foot radius around the pile) and the
potential noise impacts to bald eagles from the pile driving (a radius of 1 mile around the
pile).
Interrelated activities are those activities that are a part of the activity in the Corps
jurisdiction and depend on the activity in the Corps jurisdiction for its justification. The
interrelated activity may be proposed by the applicant or a separate entity. For example,
a weir is being placed in a stream and wetlands, changing the stream into a pond.
Although not proposed by the applicant, an adjacent property owner installs an irrigation
pump in the pond. The irrigation pump is an interrelated activity and must be addressed
in the BE/BA. Interdependent activities are those activities that have no independent
(separate) utility apart from the activity in Corps jurisdiction. A new boat house in the
uplands is being constructed along with a new pier. The boat house is an interdependent
activity because it does not have independent (separate) utility apart from the pier. It is
often easier and less complicated to discuss interrelated and/or interdependent activities
together. However, be sure to identify all potential interrelated and/or interdependent
activities.
We recommend that you coordinate with the Corps Project Manager to help define
the action area for your proposed activity, especially linear projects.
Common mistakes: Common mistakes in the action area include:
• Failure to address interrelated/interdependent activities.
• Failure to define the construction access areas (temporary and permanent and both in-
water and uplands), staging areas, washout areas, and work corridors.
• If defining potential area of effect for short-term impacts (i.e. water quality), failure to
provide a justification or citation for the defined area of effect.
• Failure to include mitigation areas that may be required through Corps, state or local
regulations (i.e. wetland mitigation).
III. Species and Habitat Information: Identify each listed or proposed species, including
terrestrial species, in the action area, and indicate whether or not there is designated or
proposed critical habitat. To determine what listed or proposed species may occur in the
action area, contact:
US Fish and Wildlife Service (USFWS) National Marine Fisheries Service (NMFS)
Endangered Species Division Habitat Conservation Branch
510 Desmond Dr., SE # 102 510 Desmond Dr., SE # 103
Lacey, WA 98503-1273 Lacey, WA 98503
(360) 753-9440 (360) 753-9530
http://endangered.fws.gov/index.html http://www.nwr.noaa.gov
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For Central and Eastern Washington:
U.S. Fish and Wildlife Service (USFWS)
Post Office Box 848
Ephrata, Washington 98823
(509) 754-8580
ATTN: Mr. Greg Kurz
A. Species Present: List all federally listed or proposed species present in the vicinity of
the project , stating their listing status (threatened or endangered) and if there is
designated or proposed critical habitat.
B. Species Utilization: Describe how the listed species is currently utilizing the action
area, such as spawning, breeding, rearing, over-wintering, or travel corridor
(migration). Discuss the species status in the action area and range-wide. If known,
provide a short discussion on how the species historically utilized the area. Do not
include detailed life histories. Depending upon the scale of the potential impacts and
the project's timeline you may elect to include candidate species.
C. Survey Results: If surveys have been conducted providing information as to the
species utilization of the action area or similar areas, it is beneficial to reference the
surveys and summarize the survey results — discussing when the survey was
conducted, and the timing and method of the survey as well as the results. Depending
on the scale of potential impacts and the habitat element that might be impacted, the
Corps and the Services may require specific surveys to be conducted, with defined
timing and protocols. A typical survey required in marine areas is a dive survey to
determine presence or absence of eelgrass or other macroalgae.
Coordinate with the Corps Project Manager to determine what, if any, surveys may
be needed for your project assessment.
Common mistakes: Common mistakes for species and habitat information include:
• Failure to discuss all listed or proposed species in the action area. Often the BE/BA
only addresses listed fish species and other listed or proposed species that may occur
in the area (i.e. birds, mammals, plants, reptiles, and marine mammals) are forgotten.
• Failure to discuss habitat for forage species.
IV. Existing Environmental Conditions (Environmental Baseline): The environmental
baseline should paint a picture of the habitat for listed or proposed species in the action
area and the amount of degradation that has occurred to date. Describe the present
condition of the habitat elements essential for the listed or proposed species. If the
action area includes designated or proposed critical habitat for the listed species,
describe the critical habitat and level of degradation.
For example, if bald eagles nest in the area, a typical concern is the topography — is the
project in line of site of the nest? — or noise levels and human activity — what is the
4
ambient noise level in the area? For listed or proposed fish species, concerns may
include existing water quality, existing riparian vegetation and cover, availability of forage
species (other fish, insects or invertebrates).
For a list of habitat elements essential for listed or proposed salmonids in freshwater
habitats, refer to the Pathways and Indicators developed by NMFS in the NMFS' "A
Guide to Biological Assessments," revised March 23, 1999, and the FWS' "A Framework
to Assist in Making Endangered Species Act Determinations of Effect for Individual or
Grouped Actions at the Bull Trout Subpopulation Watershed Scale," February 1998. To
date, NMFS has not finalized a matrix for marine/estuarine waters. Do not include a
table or matrix for marine/estuarine waters since quantitative criteria have only been
approved for freshwater systems.
Common mistakes: Common mistakes in the environmental baseline include:
• Failure to address forage species habitat as well as listed species habitat elements.
• Extensive discussion on aspects of the environmental baseline either outside the
action area or unrelated to the affected listed or proposed species.
• Use of a matrix for marine/estuarine waters when a matrix does not exist.
V. Effects Analysis: Describe the direct and indirect and secondary effects of the action on
the protected species and critical habitat within the action area. Direct and indirect effects
have very distinctive meanings under the Endangered Species Act (ESA). These are not
the same definitions as under the National Environmental Policy Act (NEPA). Direct
effects under ESA are defined as "effects that may result from the project that would
directly affect the species". Indirect effects under ESA are defined as "effects that may
result from the project that would occur later in time." For example, with a bulkhead, the
direct effects may include the construction impacts (i.e. water quality impacts) and the
impacts of the immediate existence of the structure (i.e. loss of habitat due to
encroachment of the structure on the beach). The indirect effects may include erosion of
the beach in front of the bulkhead or erosion that is exacerbated on the adjacent
properties due to the bulkhead.
Consider the impact to both individuals and the population.P p p Discuss the short-term
construction-related impacts as well as the long-term and permanent effects. With regard d
to critical habitat, depending on the listed or proposed species, include habitat alterations
to essential features such as spawning sites, loss of prey or food sources, water quality
and quantity, riparian vegetation, loss of nesting or breeding habitat or cover. Address the
timing of the disturbances relative to the life history of the listed or proposed species or
their forage species in the action area, particularly nesting or spawning periods.
For both Corps regulatory purposes and ESA, the applicant must avoid or minimize
impacts as much as possible. Variations in design or the construction techniques may
avoid or minimize impacts to such an extent that impacts to listed species are insignificant
and/or discountable, thereby qualifying the project for "informal consultation" - a much
speedier review process. Insignificant is defined as "effects that are not measurable or
detectable and never reach the scale where "take" occurs." Discountable is defined as
s
I
"effects that are extremely unlikely to occur." However, if an individual impact, either in
the short- or long-term, breaches the threshold of insignificant and/or discountable, then
the activity is "likely to adversely affect" the listed species or critical habitat and the
project must go through "formal consultation" procedures — a more lengthy process.
Aim to avoid causing a "take" of any listed species or degradation of the environmental
baseline for those species.
The analysis must include consideration of the interrelated and interdependent effects of
the actions. For the BA's only, the analysis must also include consideration of cumulative
impacts. For the purposes of the Endangered Species Act, cumulative impacts are
defined as all future State, local, or private activities that are reasonably certain to occur
within the action area of the project under consultation. The analysis does not include
future Federal activities (including those which would need to be authorized by a Corps
permit) unrelated to the proposed action, as those impacts will be subject to separate
consultation.
For activities that may impact freshwater habitats where listed or proposed fish species
are likely to occur, discuss and/or provide a matrix for the various environmental pathways
and indicators of effect (See reference under Environmental Baseline). Depending on
the activity proposed and its location, impacts to consider for listed or proposed fish
species may include but are not limited to:
• Effects of Construction:
• Water Quality:
• Effects of Stormwater Runoff:
• Water Temperature:
• Water Flow:
• Habitat Access:
• Riparian Area/Refugia:
• Watershed Conditions:
Common mistakes: Common mistakes seen in the effects analysis include:
• Statements of effects with no rationale (i.e. "Impacts to water quality will be
insignificant and/or discountable" without stating a reason).
• Definitive statements of impacts or degree of impacts with no citation (i.e. Adult
salmonids have a tolerance for 'Y' amount of suspended sedimentation levels above
ambient background levels).
• Describing a project aspect or construction method under project description and then
not addressing the potential impacts of that aspect or method in the effects analysis.
• Failure to address impacts associated with stormwater runoff and/or increase
impervious surfaces.
VI. Take Analysis: Assess and describe the potential for "incidental take." Take of a listed
species means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect,
or attempt to engage in any such conduct. Take may occur directly to individuals of a
6
species, or via a species' habitat or to designated critical habitat. "Incidental take" may
occur if a species may be harmed or harassed, etc., in the conduct of your work though
you intend it no harm. Harm is further defined to include significant habitat modification or
degradation that results in death or injury to listed species by significantly impairing
behavioral patterns such as breeding, feeding, or sheltering. Harass is defined as actions
that create the likelihood of injury to listed species to such an extent as to significantly
disrupt normal behavioral patters which include, but are not limited to, breeding, feeding,
or sheltering.
Incidental take is the "take" of individuals of a listed species that results from, but is not
the purpose of, carrying out an otherwise lawful activity. Incidental take may be
authorized through formal ESA Section 7 consultation. If you do intend to "take" species
for scientific study or other purpose as part of your action, you must apply to the
appropriate Service for an ESA Section 10 permit.
Common Mistakes: Common mistakes in the take analysis include:
• Writing a take analysis when the effects determination for a project is may affect, not
likely to adversely affect.
VII. Conservation Measures: Conservation measures are measures that would reduce
or eliminate the adverse impacts of the proposed activity, particularly measures to be
taken to reduce the likelihood of take. The measures need to be as specific as possible.
Include a discussion of how construction methods and/or site locations have minimized
potential impacts to the listed species. These conservation measures may include
alterations in the proposed activity such as timing restrictions or changes in project
features or location which are intended to reduce impacts, or Best Management Practices
(BMPs) you intend to implement.
It is essential to spell out the specific measures or BMPs implemented. Conservation
measures may not simply defer to state or industry standards or guidelines, but must state
the specific standard or guideline.
If your project is approved, the conservation measures in the BE/BA will become
conditions of the Corps authorization. Conservation measures need to be worded such
that these measures shall be implemented, not that the measures may potentially be
implemented if timing, money or other opportunities allow.
Y pP
Common Mistakes: Common mistakes in the Conservation Measures include:
• Failure to define conservation measures in enforceable language (i.e. using terms
such as "may", "to the practicable extent possible", "frequently", etc.).
• Failure to define all the BMPs used (i.e. referring to contractor will implement BMPs).
• Failure to provide revegetation and monitoring plans proposed as conservation
measures.
VIII. Determination of Effect: Summary of impacts concluding with statement(s) of effect,
by listed or proposed species and designated or proposed critical habitat. Even projects
that are intended to benefit the species might have short-term adverse impacts and those
must be addressed.
Only the following determinations are valid for listed species or designated critical habitat:
• No Effect (NE) — meaning literally no effect whatsoever to the listed species or
designated critical habitat.
• May Affect, Not Likely to Adversely Affect (NLAA) — effects to the listed species or
designated critical habitat are insignificant and/or discountable. A determination of
"NLAA" would be made for those activities that have only a beneficial effect with no
short- or long-term adverse impacts.
• Likely to Adversely Affect (LAA) — effects will result in a short- or long-term incidental
take of the listed species or designated critical habitat.
Only one finding is made for the species and habitat, even if the project may have
beneficial as well as detrimental affects. Therefore, even projects that ultimately benefit
the species may be found to have an adverse affect, due to construction impacts.
For proposed species, the finding is either Jeopardy or No Jeopardy.
For proposed critical habitat the finding is will or will not adversely modify or destroy
critical habitat.
The Corps makes the official agency determination. We generally do not consult or
request concurrence from the Services for No Effect determinations, though there
are exceptions. The Services have the authority to veto a Corps determination—
changing a NLAA to a LAA. of LAA to a NLAA. If the Services change the Corps
determination, the Corps must accept the Services determination and consult as
necessary.
Common Mistakes: Common mistakes in the Determination of Effect includes:
• Failure to justify a "no effect"determination appropriately. (Please see guidance on "no
effect' determinations on the Corps website
http://www.nws usace army mil/reg/req htm)
• Failure to provide a detailed effects analysis to coincide with the determination of
effect. For example:
The determination of effect is "may affect, likely to adversely affect' but the effects
analysis states that impacts are "insignificant and/or discountable".
IX. References. Many BE/BA's either make definitive statements with no reference or cite
studies or papers within the text of the BE/BA, but fail to provide full references.
8
X. Appendices (as needed): Such as condensed life histories, mitigation and/or
revegetation implementation and Monitoring plans, results of studies, results of water or
sediment quality testing, drawings, photos, etc. The Corps will attach detailed life
histories, if needed. The detailed life histories are available on the Corps website
http://www.nws.usace army mil/re /reo htm
The Services and the Corps find it extremely helpful to have color photos of the existing
project site included in the BE/BA, and this can serve to expedite our review of the
environmental baseline and impacts.
Common Mistakes:
• Failure to include project drawings. The Services do not receive a co
application, only the BE/BA. copy of the
• Failure to include mitigation and revegetation implementation and monitoring plans
referenced in the BE/BA.
• Failure to include, if issued, a copy of the Hydraulic Project A
Washington Department of Fish and Wildlife (WDFW). Approval (HPA) from
• Failure to include color photographs of the project area.
9
Version: May 30, 2001
-WORKING DRAFT -
PROJECT CONDITIONS OR ACTIONS THAT QUALIFY AS
"NO EFFECT" ON LISTED OR PROPOSED T&E FISH
OR THEIR CRITICAL HABITAT IN WASHINGTON STATE
UNDER THE ENDANGERED SPECIES ACT'
(All Fresh Waters, including Columbia River & Baker Bay)
1. No listed fish or fish proposed for listing, or their forage base, or designated or
proposed critical habitat occur in the waterbody where work is to occur, and work
will not result in short- or long-term water quality or quantity impacts which may
affect listed or proposed species or their forage base downstream of the project site.
This condition applies to all fresh waters of the U.S., including wetlands, and
includes all isolated waters or wetlands.
2. For salmon and steelhead: Work that occurs as part of a single and complete
project that is 300 feet or more away from a water of the U.S. which may contain
listed fish or fish proposed for listing, including intermittent streams and adjacent
wetlands, and work will not result in short- or long-term water quality or quantity
impacts which may affect listed or proposed fish species or their forage base
downgradient of the project site. The 300-foot measurement is a horizontal
measurement from the ordinary high water (OHW) mark (or top of the bank if an
OHW mark is not observable), and does not take topography into account.
3. For bull trout: For streams and rivers: Work that occurs as part of a single and
complete project that is beyond the edge of the channel migration zone (CMZ) of
streams and rivers which may contain listed fish or fish proposed for listing
(including intermittent streams) plus one site-potential tree height, or that is 300 feet
or more away from a water of the U.S., whichever is the greater distance, and work
will not result in short- or long-term water quality or quantity impacts which may
affect listed or proposed fish species or their forage base down-gradient of the
project site. For the purposes of this determination, site-potential tree height shall
be defined as 130 feet for areas east of the Cascade crest and 200 feet for areas west
of the Cascade crest. The 300-foot measurement is a horizontal measurement from
the ordinary high water (OHW) mark (or the top of the bank if an OHW mark is not
Based on available literature [50 CFR Part 226, FR Vol. 65, No. 321, the Corps' Seattle District,
Regulatory Branch, notes that a 300-foot riparian area should provide a high level of protection for these
species and their critical habitat under the Endangered Species Act(ESA). This "No Effect" list is meant
to cover those single and complete projects that meet the stated criteria. For projects that do not meet
these criteria the applicant should contact the Corps for a case-by-case determination of effect under the
ESA. Such projects may still qualify for a "No Effect" determination on an individual basis. This list
does not represent any finding regarding the Clean Water Act, the Rivers and Harbors Act, nor any
Federal law other than the ESA.
observable), and does not take topography into account. For lakes and other
waters: Work that occurs as part of a single and complete project that is 300 feet or
more away from a lake or other water of the U.S. which may contain listed fish or
fish proposed for listing, including wetlands, and work will not result in short- or
long-term water quality or quantity impacts which may affect listed or proposed fish
species or their forage base down-gradient of the project site. The 300-foot
measurement is a horizontal measurement from the ordinary high water (OHW)
mark (or the top of the bank if an OHW mark is not observable), and does not take
topography into account.
4. Replacement of decking, rails, stringers, or other above-water parts on serviceable
structures in navigable waters, provided that: any stain, paint, or preservatives to
be applied on such components is completely dry/cured prior to installation,
creosote and pentachlorophenol preserved wood will not be used, and no material
shall enter the waterbody during the removal of decking, etc. [work typically
allowed under Nationwide Permit 3]
5. Replacement of floats, provided that: replacement float is no larger and within the
same footprint as the original float; only the over-water float is replaced and the
original anchor system remains in place; the float is unchained from the anchor,
moved onshore and new replacement float is placed in the water fully intact and
chained to the existing anchor; any stain, paint, or preservatives to be applied onto
the float is done while the float is on the land and all treatments are completely
dry/cured prior to returning the float to the water; and the flotation is fully
contained in a rigid protective casing. [work typically allowed under Nationwide
Permit 3]
(NOTE: The EPA/Corps jurisdiction under the Clean Water Act generally does not
extend to: artificial lakes or ponds created by excavating and/or diking dry land to
collect and retain water and which are used exclusively for such purposes as stock
watering, irrigation, settling basins, or rice growing; nor artificial reflecting or
swimming pools or other small ornamental bodies of water created by excavating
and/or diking dry land to retain water for primarily aesthetic reasons; nor to waterfilled
depressions created in dry land incidental to construction activity and pits excavated in
dry land for the purpose of obtaining fill, sand, or gravel unless and until the
construction or excavation operation is abandoned and the resulting body of water
meets the definition of waters of the U.S. Additionally, construction or maintenance of
farm or stock ponds is exempt from needing a Corps permit, as is construction of
temporary sedimentation basins on a construction site which does not include placement
of fill material into waters of the U.S.)
Version: May 30, 2001
- WORKING DRAFT -
PROJECT CONDITIONS OR ACTIONS THAT QUALIFY AS
"NO EFFECT" ON LISTED OR PROPOSED T&E FISH
OR THEIR CRITICAL HABITAT IN WASHINGTON STATE
UNDER THE ENDANGERED SPECIES ACT'
(All Marine/Estuarine Waters excluding Baker Bay)
l. No listed fish or fish proposed for listing, or their forage base, or designated or
proposed critical habitat occur in the marine or estuarine waterbody where work is
to occur.
2. Work that occurs as part of a single and complete project and that is 300 feet or
more upland from the shoreline (generally the line of Mean Higher High Water
(MHHW) or ordinary high water (OHW) line), of any marine or estuarine
waterbody (including any estuarine wetlands with or without tidal channels), except
the mouth of the Columbia River (Baker Bay), and work will not result in short- or
long-term water quality or quantity impacts which may affect listed or proposed fish
species or their forage base downgradient of the project site. The 300-foot
measurement is a horizontal measurement from the MHHW or OHW line, or from
the upland edge of the estuarine wetland, and does not take topography into
account.
3. Placement of navigation aids and regulatory markers on existing structures, and
buoys for such purposes, in navigable waters, provided that: the buoys are not
located over or adjacent to vegetated shallows or spawning areas for forage species
and are anchored securely. [from Nationwide Permit (NWP) 1]
4. Replacement of decking, rails, stringers, or other above-water parts of serviceable
structures in navigable waters, provided that: any stain, paint, or preservatives to
be applied on such components is completely dried/cured prior to installation,
creosote and pentachlorophenol preserved wood will not be used, and no material
shall enter the waterbody during removal of decking, etc. [work typically allowed
under NWP 3]
' Based on available literature [50 CFR Part 226, FR Vol. 65, No. 321, the Corps' Seattle District,
Regulatory Branch, notes that a 300-foot-riparian area should provide a high level of protection for these
species and their critical habitat under the Endangered Species Act(ESA). This "No Effect" list is meant
to cover those single and complete projects that meet the stated criteria. For projects that do not meet
these criteria the applicant should contact the Corps for a case-by-case determination of effect under the
ESA. Such projects may still qualify for a "No Effect" determination on an individual basis. This list
does not represent any finding regarding the Clean Water Act, the Rivers and Harbors Act, nor any
Federal law other than the ESA.
5. Replacement of floats, provided that: replacement float is no larger and within the
same footprint as the original float; only the over-water float is replaced and the
original anchor system remains in place; the float is unchained from the anchor,
moved onshore and new replacement float is placed in the water fully intact and
chained to the existing anchor; any stain, paint, or preservatives to be applied onto
the float is done while the float is on the land and all treatments are completely
dry/cured prior to returning the float to the water; and the flotation is fully
contained in a rigid protective casing. [work typically allowed under Nationwide
Permit 3]
COMMON TERMS USED IN THE ENDANGERED SPECIES ACT (ESA). The
following definitions are provided to familiarize readers with important terms used in the
ESA.
• action Area. All areas to be affected directly or indirectly by the Federal action
and not merely the immediate area involved in the action.
• Biological Evaluation/Assessment (BE/BA). Information prepared by, or under
the direction of, a Federal agency to determine whether a proposed action is likely
to: (1) adversely affect listed species or designated critical habitat; (2) jeopardize
the continued existence of species that are proposed for listing; or (3) adversely
modify proposed critical habitat. The outcome of a biological
evaluation/assessment determines whether formal consultation or a conference is
necessary. An assessment is called a BE if the determination is "no effect" or "not
likely to adversely affect." It is called a BA if the determination is "likely to
adversely affect."
• Biological Opinion (BO). Document which includes: (1) the opinion of the
U.S. Fish and Wildlife Service (FWS) and by the Secretary of Commerce to the
National Marine Fisheries Service (NMFS) (the Services) as to whether or not a
Federal action is likely to jeopardize the continued existence of listed species; or
result in the destruction or adverse modification of designated critical habitat; (2) a
summary of the information on which the opinion is based; and (3) a detailed
discussion of the effects of the action on listed species or designated critical
habitat.
• Candidate Species. The term "candidate species" means any species
considered for possible addition to the List of Endangered and Threatened
Species. The NMFS considers candidate species imminent for listing.
• Conservation Measures. These are actions to benefit or promote the recovery
of listed species that are included by the Federal agency as an integral part of the
proposed action. These actions will be taken by the Federal agency or applicant,
and serve to minimize or compensate for, project effects on the species under
review. These may include actions taken prior to the initiation of consultation, or
actions which the Federal agency or applicant have committed to complete in a
BA or similar document.
• Critical Habitat. The term "critical habitat" for a threatened or endangered
species means:
(1) the specific areas within the geographical area occupied by the species...
on which are found those physical or biological features essential to the
conservation of the species and which may require special management
considerations or protection; and
Enclosure 4
I
(2) specific areas outside the geographical area occupied by the species...
upon a determination by the Secretary that such areas are essential for the
conservation of the species.
• Destruction or Adverse Modification of Critical Habitat. A direct or indirect
alteration that appreciably diminishes the value of critical habitat for both the
survival and recovery of a listed species.
• Effects of the Action. The direct and indirect effects of an action on the species
or critical habitat, together with the effects of other activities that are interrelated
or interdependent with that action. These effects are considered along with the
environmental baseline and the predicted cumulative effects to determine the
overall effects to the species for purposes of preparing a biological opinion on the
proposed action.
• Endangered Species. The term "endangered species" means any species which
is in danger of extinction throughout all or a significant portion of its range.
• Environmental Baseline. The past and present impacts of all Federal, State, or
private actions and other human activities in an action area; the anticipated
impacts of all proposed Federal projects in an action area that have already
undergone formal or early Section 7 consultation; and the impact of State or
private actions that are contemporaneous with the consultation process.
• Formal Consultation. A process between the Services and a Federal agency or
applicant that is initiated when a proposed Federal action is likely to adversely
affect listed species or modify designated critical habitat. It begins with a Federal
agency's or the Services written request and submittal of a complete initiation
package. The process concludes with the issuance of a BO and incidental take
statement by either of the Services.
• Incidental Take. The take of listed fish or wildlife species that results from, but is
not the purpose of, carrying out an otherwise lawful activity conducted by a
Federal agency or applicant.
• Indirect Effects. Those effects that are caused by or will result from the
proposed action and are later in time, but are still reasonably certain to occur.
• Informal Consultation. If a proposed Federal action may affect, but is not likely
to adversely affect, listed species or designated critical habitat, the informal
consultation process is required. This process allows the Federal agency to
utilize the Services' expertise to evaluate the agency's assessment of potential
Enclosure 4 2
Imo!
effects or to suggest possible modifications to the proposed action which could
avoid potentially adverse effects. It is also an optional process, prior to formal
consultation, that includes all discussions and correspondence between the
Services and a Federal agency or designated non-Federal representative to
determine wh-!ther a proposed Federal action may affect listed species or critical
habitat.
• Interdependent Effects. Effects from activities which have no independent utility
apart from the action being considered.
• Interrelated Effects. Effects from activities that are part of a larger action and
depend on the larger action for their justification.
• Jeopardize. The determination given by the NMFS or FWS in their BO when an
action that reasonably would be expected, directly or indirectly, to reduce
species in
appreciably the likelihood of both the survival and recovery of a listed s p
the wild by reducing the reproduction, numbers, or distribution of that species.
• Likely to Adversely Affect. The appropriate conclusion in a BA if any adverse
effect to listed species may occur as a direct or indirect result of the proposed
action or its interdependent or interrelated actions, and the effect is not:
discountable, insignificant, or beneficial (see definition of "not likely to adversely
affect" below).
• No Effect. The appropriate conclusion when the action agency determines its
proposed action will not affect a listed species or designated critical habitat.
• Not Likely to Adversely Affect. The appropriate conclusion in a BE when
effects on listed species are expected to be discountable, insignificant, or
completely beneficial.
• Proposed Species. Any species of fish, wildlife or plant that is proposed in the
Federal Register to be listed under Section 4 of the Act.
• Reasonable Prudent Measures. Actions the Director believes necessary or
appropriate.
• Take. To harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect
or attempt to engage in any such conduct.
• Threatened Species. The term "threatened species" means any species which is
likely to become an endangered species within the foreseeable future throughout
all or a significant portion of its range.
Enclosure 4 3
I