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TOWN OF MORRISVILLE
6-4
6.1.1
Endangered Species Act
The ESA, enacted in 1973, conserves ecosystems upon which threatened and endangered
species of fish, wildlife, and plants depend, through Federal action and State programs (16
U.S.C. 1531-1544, 87 Stat. 884). The ESA:
Authorizes the determination and listing of species as endangered and threatened
Prohibits unauthorized taking, possession, sale, or transport of endangered species
Provides authority to acquire land for the conservation of listed species, using land and
water conservation funds
Authorizes establishment of cooperative agreements and grants-in-aid to States that
establish and maintain active and adequate programs for endangered and threatened
wildlife and plants
Authorizes the assessment of civil and criminal penalties for violating the ESA or
regulations
Authorizes the payment of rewards to anyone furnishing information leading to arrest
and conviction for any violation of the ESA of any regulation issued there under
Requires Federal agencies to ensure that any action authorized, funded, or conducted by
them is not likely to jeopardize the continued existence of listed species or modify their
critical habitat
6.1.2
Fish and Wildlife Coordination Act
The Fish and Wildlife Coordination Act states that whenever the waters or channel of a body
of water are modified by a department or agency of the U.S., the department must first
consult the USFWS, the National Marine Fisheries Service, and the lead state wildlife agency.
The purpose of this act is to prevent or minimize impacts to wildlife resources and habitat
resulting from water or land alterations. When modifications occur, provisions must be made
for the conservation, maintenance, and management of wildlife resources and habitat in
accordance with a plan developed with the wildlife protection agencies listed above.
6.1.3
Clean Water Act
The CWA (33 U.S.C. 1251 et seq.) was enacted to “restore and maintain the chemical,
physical, and biological integrity of the Nation’s water.” The CWA includes a number of
sections that are relevant to the SCI study.
Section 303(d) of the CWA established a program to identify waters that do not support
their designated uses and develop plans to address the impairments of these waters.
Section 404 of the CWA established a program to regulate the discharge of dredged and
fill material into waters of the United States, including wetlands.
Section 401 of the CWA requires certification that a project does not violate the State’s
water quality standards as administered by NCDENR.