Fish and Wildlife Coordination Act. (FWCA) The Engineer shall identify water body modifications and impacts to wildlife. The Fish and Wildlife Coordination Act (FWCA) applies to projects that would result in the control or modification of a natural stream or body of water and would require a Section 404 Individual Permit. DocuSign Envelope ID: B8DCCCD3-A0B3-4BAD-BC2D-75E46611CBD6
Fish and Wildlife Coordination Act. The Fish and Wildlife Coordination Act requires Reclamation to consult with the Service before undertaking projects that control or modify surface water. This consultation is intended both to promote the conservation of wildlife resources by preventing loss of or damage to wildlife resources, and to provide for the development and improvement of wildlife resources in connection with water projects. Federal agencies undertaking water projects are required to include the Service’s recommendations in their project report, give full consideration to these recommendations, and include justifiable means and measures for wildlife purposes in their project plans. Reclamation contacted the Service about the need for a formal Coordination Act Report for the project, and the Service determined that a formal report is not required for the project. The Service, as a project participant, reviewer, and commentor, ensures that the intent of the Coordinations Act is fully addressed as part of the project formulation and ongoing cooperative efforts. Technical memoranda to the official project files have served the purpose of information tracking. Reclamation and the Service are closely coordinating several ongoing activities associated with the CVPIA.
Fish and Wildlife Coordination Act. In order to generally promote fish and wildlife resources, this law provides for consultation, reporting, and funding between, and land acquisition by, federal agencies, and is applicable to federal projects or federally licensed projects. These internal governmental requirements do not apply to, and are not relevant to, Dow’s activities. The law does not provide specific substantive criteria to guide the Segment 2 work. The Act also appears to contemplate large scale projects typically undertaken by agencies of the government, such as dams and hydro-electric facilities, which are fundamentally different than the remedial work contemplated here. See 16 U.S.C. 662(h) (exempting impoundments less than 10 acres). • Executive Order 12962. This document is also an internal governmental directive, and, therefore, it is unclear how its broad mandates would be useful as guidance for the planned response activities, or how the governmental requirements should be translated into guidance for private response action. Finally, the edits that EPA made to footnote 17 have been made, together with a few additional edits as shown below. The additions take note of recent amendments to Michigan’s Part 201 that provide flexibility to use non-numeric performance-based criteria: [Footnote 17] It should be noted that any standard, requirement, criterion, or limitation under any Federal environmental law, or any promulgated standard, requirement, criterion, or limitation under a State environmental law, which contains a cleanup criterion/number for sediment or soil is not considered a chemical-specific XXXX for this response action since this response action is non-numeric performance-based and is not driven by a cleanup criterion/number. Michigan Law (Part 201, Environmental Remediation of NREPA) expressly recognizes the use of non-numeric site-specific criteria for response activities (MCL 324.20120b). As appropriate, sediment and/or soil cleanup criterion/numbers along with non-numeric criteria (e.g., under Part 201, Environmental Remediation of the NREPA) will be evaluated as potential chemical- specific ARARs for any future risk-based responses, including potentially the Tittabawassee River Floodplain Soil Response Proposal. If you should have any questions, please contact me. Sincerely, Xxxx Xxxxxxxx The Dow Chemical Company Project Coordinator CC: Xx Xxxxxx, MDEQ Xxxxx Xxxxxxx, U.S. EPA Xxxxxx Xxxx, U.S. Fish and Wildlife Xxxxx Xxxxx, Dow
