Title
Consider receiving an update on the status of the Salinas Valley Water Project Biological Opinion and future need for a Habitat Conservation Plan; and, provide direction to Staff.
Report
RECOMMENDATION:
It is recommended that the Monterey County Water Resources Agency Board of Directors:
Receive an update on the status of the Salinas Valley Water Project Biological Opinion and future need for a Habitat Conservation Plan.
SUMMARY/DISCUSSION:
On June 2, 2016 The Otter Project submitted a "Sixty-Day Notice of intent to Sue for Endangered Species Act and Clean Water Act Violations in Relation to the Salinas Valley Water Project" (Notice). On August 5, 2016, the US Army Corps of Engineers (Corps) reinstated section 7 consultation, pursuant to the Endangered Species Act (ESA) of 1973, regarding construction activities associated with the Department of the Army Clean Water Act section 404 Permit No. 24976S for the Salinas Valley Water Project (SVWP).
On November 27, 2007 the Monterey County Water Resources Agency (Agency) received Department of the Army Clean Water Act section 404 Permit No. 24976S for the SVWP. The components parts of the 404 permit include a section 401 Certification from the California Central Coast Regional Water Quality Control Board and two Biological Opinions (BO) - one from the National Marine Fisheries Service (NMFS) and one from the U.S. Fish and Wildlife Service (USFW). Both of these BOs were initiated and issued under section 7 of the ESA. Section 7 of the ESA requires any Federal agency to insure that its action is not likely to jeopardize the continued existence of an endangered or threatened species or result in the destruction or adverse modification of habitat of such species. In the case of the SVWP, a federal Corps permit was needed; thereby a section 7 consultation with USFW and NMFS was initiated and completed.
Subsequent to a Notice sent to the Corps, NMFS and the Agency by the Otter Project, the Corps has reinitia...
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