3.4 Biological Resources for the Purpose of This EIR, Biological Resources Comprise Vegetation, Wildlife, Natural Communities, and Wetlands and Other Waters
Impact Analysis Alameda County Community Development Agency Biological Resources 3.4 Biological Resources For the purpose of this EIR, biological resources comprise vegetation, wildlife, natural communities, and wetlands and other waters. Potential biological resource impacts associated with the program and the two individual projects are analyzed. Potential impacts are described quantitatively and qualitatively in Section 3.4.2, Environmental Impacts. This section also identifies specific and detailed measures to avoid, minimize, or compensate for potentially significant impacts on biological resources, where necessary. 3.4.1 Existing Conditions Regulatory Setting Federal Endangered Species Act Pursuant to the federal Endangered Species Act (ESA), USFWS and the National Marine Fisheries Service (NMFS) have authority over projects that may result in take of a species listed as threatened or endangered under the act. Take is defined under the ESA, in part, as killing, harming, or harassing. Under federal regulations, take is further defined to include habitat modification or degradation that results, or is reasonably expected to result, in death or injury to wildlife by significantly impairing essential behavioral patterns, including breeding, feeding, or sheltering. If a likelihood exists that a project would result in take of a federally listed species, either an incidental take permit, under Section 10(a) of the ESA, or a federal interagency consultation, under Section 7 of the ESA, is required. Several federally listed species—vernal pool fairy shrimp (Branchinecta lynchi), longhorn fairy shrimp (Branchinecta longiantenna), vernal pool tadpole shrimp (Lepidurus packardi), California tiger salamander (Ambystoma californiense), California red‐legged frog (Rana draytonii), Alameda whipsnake (Masticophis lateralis euryxanthus), and San Joaquin kit fox (Vulpes macrotis mutica)—have the potential to be affected by activities associated with the Golden Hills and Patterson Pass projects as well as subsequent repowering projects.
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