25C - AGMT - OCWD CENTENNIAL PARK

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Section 5 on the Santa Ana River and the Greenville Banning Flood Control Channel are classified as Waters of the State. Centennial lake is manmade lake with an impermeable bottom and is not classified as Waters of the State. Wetland Waters of the United States and State California Wetland Waters are a subset of jurisdictional Waters of the U.S. and the State. Generally, wetlands are lands where saturation with water is the dominant factor determining the nature of soil development and the types of plant and animal communitiies living in the soil and on its surface. Presently, there is no single definition of wetlands recognized by the state and the federal government. However, the state and federal definitions do share common terms and concepts. For purposes of this classification, wetlands must have one or more of the following three attributes: (1 ) at least periodically the land supports hydrophytes; (2) the substrate is predominantly undrained hydric soil; and (3) the Substrate is non -soil and is saturated with water or covered by shallow water at some time during the growing season of each year. 5.3.2 Regulatory Framework The following federal and state regulatory programs are applicable to the Mid Basin Centennial Park Injection Well Project. Federal Regulations Federal Endangered Species Act The Federal Endangered Species Act (FESA) designates threatened and endangered animals and plants and provides measures for their protection and recovery. The Take of listed animal and plant species in areas under the federal jurisdiction is prohibited without obtaining a federal permit. A Take is defined as to harass, harm, pursue, hunt, shot, wound, kill, trap, capture or collect or attempt to engage in any such conduct. Harm includes any act which kills or injures fish or wildlife, including significant habitat modification or degradation that significantly impairs essential behavioral patterns of fish or wildlife. Activities that damage the habitat of listed species require approval from U.S. Fish and Wildlife, Service (USFWS) for terrestrial species or from National Marine Fisheries Service (NMFS) for marine species. FESA also requires determination of critical habitat for listed species and impacts to the critical habitat is prohibited. ESA contains two pathways for obtaining permission to take listed species, Under Section 7 of FESA, a federal agency that authorizes, funds or carries out a project that may affect a listed species or its critical habitat Most consult with USFWS or NMIFS, to ensure that their actions do not jeopardize the continued Mid Basin Centennial Park �tenl '.0 _ Cy( roject Final EIR 5-51