Endangered Species Act Permitting for Terrestrial Species – East Creek Road Sample Clauses

Endangered Species Act Permitting for Terrestrial Species – East Creek Road. The use of FEMA funding to complete the project constitutes a federal nexus for the project. The existence of this federal funding nexus requires compliance with Section 7 of the federal Endangered Species Act (ESA). Forested areas adjacent to the project potentially provide habitat for federally listed northern spotted owl, and marbled Murrelet, and are designated Critical Habitat for northern spotted owl. As such, construction at the East Creek project site has the potential to adversely affect listed northern spotted owls and marbled Murrelet and compliance with Section 7 of the ESA will be required. Use of existing programmatic ESA compliance processes are not available for the project based on preliminary scoping discussions with FEMA. As such, ESA compliance will be achieved by completing individual consultation with the United States Fish and Wildlife Service (Service) through submission of a Biological Assessment (BA). Consultant shall:  Prepare a streamlined BA that describes the project, discusses conservation measures and best management practices to minimize impacts, describes potential take of northern spotted owl and/or marbled Murrelet, and impacts to northern spotted owl Critical Habitat.  Provide the draft BA to County for review.  Revise the draft BA per County review comments and prepare a final document for submittal to the Service. Assumptions:  ESA consultation for other federally listed wildlife and plants will not be required.  No field work will be required to complete this task.  One site visit with Service, USFS, and project team staff is anticipated for this task.  Individual consultation with USFWS will be required and use of programmatic ESA compliance processes is not available for the project.  If coordination with the Service indicates No Effect to ESA listed species, Consultant shall prepare a No Effect Memorandum for the project file, rather than a BA.  FEMA will complete all required project National Environmental Policy Act compliance reviews and documentation. Deliverables:  Draft/Final BA (electronic copy)
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