3 - The Bowery_PUBLIC COMMENT_RAMSEY

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1.0 Introduction Avion Project SEIR Page 1-3 Environmental Analysis Section conducted a preliminary review of the proposed development and determined that this SEIR was required. The analysis and findings in this document reflect the independent, impartial conclusions of the City. 1.3.3 Responsible and Trustee Agencies State law requires that all EIRs be reviewed by responsible and trustee agencies. A Responsible Agency, defined pursuant to State CEQA Guidelines Section 15381, includes all public agencies other than the Lead Agency that have discretionary approval power over the project. A Trustee Agency is defined in Section 15386 of the CEQA Guidelines as a state agency having jurisdiction by law over natural resources affected by a project that are held in trust for the people of the state of California. Implementation of the project would require consultation with the following responsible and trustee agencies, as described below. U.S. Fish and Wildlife Service (USFWS): Acting under the federal Endangered Species Act (ESA), the USFWS is responsible for ensuring that any action authorized, funded, or carried out by a federal agency (such as the U.S. Army Corps of Engineers) is not likely to jeopardize the continued existence of listed species or modify their critical habitat. Accordingly, the USFWS would provide input to the U.S. Army Corps of Engineers as part of the Section 404 process. Within areas covered by San Diego’s Multiple Species Conservation Program (MSCP) Subarea Plan, including the project site, the role of the USFWS is limited with respect to species covered under the Subarea Plan. For species covered by the Subarea Plan, the USFWS has granted take authorization for listed species to the City in accordance with the requirements of the MSCP Implementing Agreement, executed between the City, the USFWS, and the California Department of Fish and Wildlife (CDFW) in 1997. For projects that are consistent with San Diego’s MSCP, the City, therefore, has authority to grant permits for take of covered species and a separate permit is not required from the wildlife agencies. For listed species not included on the MSCP covered species list, the wildlife agencies retain permit authority. In addition, the USFWS along with the CDFW must approve the MHPA boundary line adjustments associated with each project. California Department of Fish and Wildlife (CDFW): The CDFW has jurisdiction over sensitive wildlife that is held in trust for the people of California. The CDFW would be a Trustee Agency for the project, as sensitive wildlife is located on-site and in the project vicinity. The CDFW has the authority to reach an agreement with an agency or private party proposing to alter the bed, banks, or floor of any watercourse/stream, pursuant to Section 1600 et seq. of the State Fish and Game Code. The CDFW generally evaluates information gathered during preparation of the environmental documentation, and attempts to satisfy their permit concerns in these documents. Along with the USFWS, the CDFW must approve of any MHPA boundary adjustments. Local Agency Formation Commission (LAFCO): LAFCO would have discretionary approval of a reorganization consisting of a latent powers expansion to provide sewer service and annexation to