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Section 9 Summary of Coordination and Environmental Compliance

EAA Storage Reservoirs Revised Draft PIR and EIS February 2006

9-9

event migratory bird nest sites are discovered. Also, with the construction of the

reservoir, habitat buffer, and littoral shelves, as well as its location adjacent to

natural areas, it is anticipated that migratory birds, especially wading birds,

would benefit by additional foraging areas provided by the project. The project is

in compliance with these Acts.

9.6.7 Endangered Species Act of 1973

Consultation for Threatened and Endangered Species was initiated with the

National Marine Fisheries Service (NOAA), and U.S. Fish and Wildlife Service

(USFWS) on July 16, 2002. A list of threatened and endangered species

resources and critical habitat was received from each agency. The USACE and

USFWS have been in continual coordination to assess potential impacts to the

species and identify special requirements for the alternatives. Per agreement

between the USACE and USFWS, the Draft PIR/EIS served as the Biological

Assessment, and a letter of determination has been sent to the USFWS for their

concurrence. The project is not expected to result in unavoidable adverse

impacts to most threatened or endangered species, and a determination of either

“no effect” or “may affect, not likely to adversely affect” for all but one species. A

determination of “may adversely affect” has been made for the Florida panther

due to loss of potential habitat. Formal consultation on the panther is currently

pending. In December 2005, The USACE received a request for additional

information on the Florida Panther. A Biological Assessment of the projects

affects to the panther is being prepared to address these concerns. The NMFS

concurrence on species within their jurisdiction is still pending as the agency

reviews information provided in the Draft PIR/EIS.

9.6.8 Magnuson-Stevens Fishery Conservation and Management Act

Consultation for the EAA Storage Reservoir was initiated in July 2002. The

NMFS responded on August 2, 2002, that adverse effects to fish resources and

Essential Fish Habitat (EFH) may occur as a result of this project. The NMFS

requested an evaluation of impacts to living marine resources, including

mangroves, seagrasses, live bottom communities, and the marine/estuarine

water column that may be impacted by activities or operations of the project

alternatives. The EFH assessment is contained within the body of the Draft

PIR/EIS, and has been submitted for coordination. By a letter dated November

17, 2005, the NMFS concurred that implementation of the project would not

have adverse impacts to EFH, and may, in fact have beneficial effects to EFH

resource. The project is in compliance with the act.

9.6.9 Marine Mammal Protection Act of 1972

The West Indian Manatee does occur within the project area. Incorporation of

the safeguards used to protect threatened or endangered species during

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