Secondary and Cumulative Impacts Master Management Plan - 2014

TOWN OF MORRISVILLE

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.

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