MBA Staff Provide Answers to Your Environmental Questions: Michael Brandman Associates Wetland Issues (Regulatory Services) Endangered Species (Natural Resources Management) EIRS, CEQA and NEPA (Environmental Services) Greenhouse Gases and Climate Change Submit Your Question to MBA Staff MICHAEL BRANDMAN ASSOCIATES Q: What does MBA do? A: MBA is a multi-disciplinary environmental planning and biological resources consulting firm, specializing in environmental planning, environmental impact assessment in accordance with CEQA and NEPA, biological resource surveys, impact assessments and conservation/mitigation programs, and compliance with federal and state regulations involving endangered species, Waters of the U.S. and riparian habitat. With nearly 25 years of professional consulting experience, MBA has proven that it has the capacity to provide its clients with exceptional service and the expertise to accomplish project objectives, while satisfying applicable local, state and federal standards. Since 1982, we have served government and transportation agencies, land developers, engineers, architects, industry, financial institutions, attorneys, and the military.

WETLAND ISSUES (REGULATORY SERVICES) Q: What exactly is a wetland? A: The federal U.S. Army Corps of Engineers definition of a wetland is an area that exhibits a dominance of wetland vegetation, hydric soils, and wetland hydrology. Q: How do I know when I need a wetland permit? A: If you have property with a stream, swale, pond, or other water body (even those that only hold water periodically) you would need a wetland delineation. The delineation will determine if the feature qualifies as a wetland and/or a Water of the State of California and/or a Water of the U.S. The delineation will also determine the limits of federal and state jurisdiction. Q: If I find that I do need a wetlands permit, which permit do I need? A: Depending upon the outcome of your delineation, you may need a 1602 streambed alteration agreement from the Department of Fish and Game, a 401 water quality certification from the Regional Water Quality Control Board, and a 404 authorization from the U.S. Army Corps of Engineers. If you have sensitive species on your site, you may also need to go through the Section 7 process with the U.S. Fish and Wildlife Service. MBA employees a highly skilled Regulatory Services staff to assist you with wetlands permit issues. Q: What is the SWANCC decision? A: Federal jurisdiction over waters of the U.S. and wetlands is based upon a demonstrated nexus with a "navigable" water body or its tributary. In January 2001, the United States Supreme Court in Solid Waste Agency of Northern Cook County v. Army Corps of Engineers, known as SWANCC, invalidated the Corps’ Migratory Bird Rule which the Corps had been using to assert authority over isolated, intrastate wetlands. Once known as the "duck's butt" rule, ACOE used to assert jurisdiction over any water body bigger than a duck's behind.

ENDANGERED SPECIES (NATURAL RESOURCES MANAGEMENT) Q: How do I know (or find out) if I might have an endangered species, sensitive plant or species on my property? A: First an assessment of the habitat is conducted by a biologists familiar with the species potentially occurring in the vicinity of the property. If suitable habitat occurs within the property, a focused survey for that species is conducted by an authorized biologist. Some species must be surveyed for by biologists authorized by the US Fish and Wildlife Service (USFWS) and have a permit to conduct surveys. Other species do not require a permitted biologist, however the biologist must show they are qualified to conduct surveys for the species in question. MBA biologists are permitted for a variety of species and can provide the biological survey services required to make informed decisions about property uses. Q: When is a focused survey for an endangered species required? A: When a habitat assessment determines that suitable habitat for a threatened or endangered species occurs within a property that is proposed to be impacted, either directly or indirectly (noise, dust, lighting, etc.). Q: What is the Delhi Sands flower-loving fly? A: The Delhi Sands flower-loving fly (DSF), or Rhaphiomidas terminatus abdominalis, is a 1-inch long insect currently restricted to only 12 known populations in San Bernardino and Riverside counties, California. The DSF feeds on nectar and mimics the pollinating behavior of such species as the hummingbird, butterfly, and honey bee. The orange-brown and black Delhi Sands flower-loving fly has dark brown oval spots on the upper surface of the abdomen. On November 19, 1992, the U.S. Fish and Wildlife Service (USFWS) published a proposed rule to list the DSF as endangered under the Endangered Species Act (ESA). MBA staff biologists regularly survey for DSF. MBA staff biologists hold a variety of permits from the USFWS to conduct endangered species surveys and to capture certain endangered species, including: Delhi Sands flower-loving fly Quino checkerspot butterfly San Bernardino Kangaroo Rat San Diego Kangaroo Rat California gnatcatcher Least Bell’s vireo Southwestern willow flycatcher Arroyo Toad Riversidean fairy shrimp Desert tortoise Red-legged frog You can learn more about the DSF at the US Fish and Wildlife Service web site http://endangered.fws.gov/i/I0V.html Q: What is the Migratory Bird Treaty Act? A: The Migratory Bird Treaty Act implements various treaties and conventions between the U.S. and Canada, Japan, Mexico and the former Soviet Union for the protection of migratory birds. Under the Act, taking, killing or possessing migratory birds is unlawful. Unless permitted by regulations, the Act provides that it is unlawful to pursue, hunt, take, capture or kill; attempt to take, capture or kill; possess, offer to or sell, barter, purchase, deliver or cause to be shipped, exported, imported, transported, carried or received any migratory bird, part, nest, egg or product, manufactured or not. According to the Act, a person, association, partnership or corporation which violates the Act or its regulations is guilty of a misdemeanor and subject to a fine of up to $500, jail up to six months, or both. Anyone who knowingly takes a migratory bird and intends to, offers to, or actually sells or barters the bird is guilty of a felony, with fines up to $2,000, jail up to two years, or both. Q: How does the Migratory Bird Treaty Act (MBTA) affect my project? A: If a project site contains vegetation which support nesting birds, the removal of that vegetation during the nesting season could result in a violoation of the MBTA. Additionally, there are California Department of Fish and Game Codes (3503, 3503.5 and 3800) which further protect nesting birds and their parts. Typically, it is recommended that all vegetation removal be conducted outside of the nesting season, which generally falls between February 1 and August 30, however this may vary from year to year depending on various environmental conditions. If vegetation must be removed during the breeding season, a qualified biologist should conduct a nest survey of the entire project site immediately prior to the removal of vegetation.

EIRS, CEQA AND NEPA (ENVIRONMENTAL SERVICES) Q: What is CEQA? A: CEQA, the California Environmental Quality Act, is a statute that requires state and local agencies to identify the significant environmental impacts of their actions and to avoid or mitigate those impacts, if feasible. You can learn more about CEQA at the official government CEQA website at http://ceres.ca.gov/ceqa/ Q: Why do I need to comply with CEQA? A: It is the responsibility of the agency giving the land use approval (called the “Lead Agency”) to make sure that public works projects and private development projects comply with CEQA. The Lead Agency must first determine if CEQA applies to the proposed action. The action may not be defined as a project under CEQA, the project may be one that the Legislature has determined is exempt from CEQA (“Statutory Exemption”), or it may be in a category of projects that are considered exempt from CEQA under certain circumstances (“Categorical Exemption”). Q: What comprises a Categorical Exemption? A: If a particular project qualifies for a Categorical Exemption, MBA will complete a preliminary Exemption Assessment and a Notice of Exemption (NOE). This notice includes a brief description of the project, a finding that the project is exempt, citing the appropriate section of the CEQA Guidelines, and a brief statement of reasons to support the finding. After approval of the project, MBA will file the NOE with the County Clerk and the State of California Office of Planning and Research (OPR). Copies of the notices and proof of filing will be provided for your records. Q: What kind of CEQA document will I need? A: Once the Lead Agency determines that CEQA applies to you project, their staff or MBA will prepare an Initial Study. You have probably seen or heard of this before; it is often called an environmental checklist. The checklist helps determine whether the project will require preparation of a Negative Declaration (ND), Mitigated Negative Declaration (MND), or an Environmental Impact Report (EIR). MBA prepares an Initial Study that evaluates the potential for your project to cause adverse or negative impacts on the physical and man-made environment. The following are the types of issues evaluated in an Initial Study: Land Use and Planning Population and Housing Geology and Soils Hydrology and Water Quality Air Quality Greenhouse Gas Transportation/Traffic Biological Resources Agricultural Resources Mineral Resources Hazards and Hazardous Materials Noise Recreation Public Services Aesthetics Cultural Resources Utilities and Service Systems MBA provides many of these services in-house through our Environmental Services division and regularly team with quality organizations that provide other required services. Q: What is an Initial Study? A Negative Declaration? A: If the proposed project is not consistent with one of the classes identified for a Categorical Exemption, MBA will prepare an Initial Study (IS) to determine if the project would result in potentially significant effects on the environment. An IS is used to determine whether a Negative Declaration (ND) or an EIR shall be prepared for a project. An IS provides written documentation of whether an agency found evidence of significant adverse impacts which must occur. A ND is prepared when the IS shows that there is no substantial evidence that the project may have a significant or potentially significant adverse effect on the environment. A ND will contain the following information: A brief description of the project proposed The location of the project and the name of the project proponent A finding that the project as proposed will not have a significant effect on the environment An attached copy of the Initial Study documenting reasons to support the finding Q: Why would my project need a Mitigated Negative Declaration? A: If the proposed project is not consistent with one of the classes identified for a Categorical Exemption, MBA will prepare an IS to determine if the project would result in potentially significant effects to the environment. A MND is prepared when the IS identifies potentially significant effects on the environment, but the project can be revised to mitigate the effects to a point where it is clear that no significant effects would occur, and there is no substantial evidence that the revised project may have a significant effect. A MND will contain the following information: A brief description of the project proposed The location of the project and the name of the project proponent A finding that the project as proposed will not have a significant effect on the environment Feasible mitigation measures included in the project to substantially lessen or avoid potentially significant effects An attached copy of the Initial Study documenting reasons to support the finding Q: What is an Environmental Impact Report and how is it used? A: The primary purpose of an Environmental Impact Report (EIR) is to inform decision makers and the public about a project's significant environmental effects and identifies mitigation measures and reasonable alternatives to avoid or lessen the significant effects. If an Initial Study (IS) is prepared and there is a finding that a significant impact would occur with the proposed project and mitigation measures may not reduce the impacts to a level that is not significant, an EIR would be required. An EIR could also be prepared if there is a determination prior to the preparation of the IS that a project would clearly require the preparation of an EIR. In addition, it may be advantageous to prepare an EIR if a project is controversial or highly opposed, since an EIR is more legally defensible then an IS. MBA provides many of these services in-house through our Environmental Services division and regularly team with quality organizations that provide other required services. Q: Why would a project need NEPA Clearance? A: A project that is subject to CEQA will also be subject to NEPA when there is a federal "nexus." A federal nexus is created when the project is jointly carried out by a federal agency; requires a federal discretionary permit, entitlement, authorization, or federal funding; or occurs on federal land. Common examples include transportation projects with funding provided by the Federal Highway Administration; housing projects with funding from Housing and Urban Development; and projects that require a permit from the U.S. Fish & Wildlife Service or the U.S. Army Corp. of Engineers. MBA can also prepare a joint environmental document that addresses both CEQA and NEPA requirements, which is generally more cost effective than preparing separate environmental documents. You can learn more about NEPA on line at http://ceq.eh.doe.gov/nepa/regs/nepa/nepaeqia.htm

GREENHOUSE GASES AND CLIMATE CHANGE Q: Do I need to review my CEQA project for potential greenhouse gas impacts? A: Yes, with a few exceptions (please contact MBA to review the specifics of your project). The Natural Resources Agency adopted Amendments to the CEQA Guidelines, which include several new sections regarding greenhouse gases. The Amendments became effective on March 18, 2010. Q: What are potential risks from climate change in California? A: In California, climate change may result in consequences such as the following: A reduction in the quality and supply of water to California from the Sierra snowpack; Increased risk of large wildfires; Reductions in the quality and quantity of certain agricultural products; Exacerbation of air quality problems; A rise in sea levels; Damage to marine ecosystems and the natural environment; A decrease in the health and productivity of California’s forests. For more information, see: Moser, et al. The Future Is Now: An Update on Climate Change Science Impacts and Response Options for California. Q: Should I address potential risks to projects from climate change in CEQA documents? A: There is no guidance from the State regarding this potential impact; however, MBA recommends including an assessment of these potential risks in CEQA documents. For more information, please refer to an article written by one of MBA’s air quality and greenhouse gas specialists, Cori Wilson: 'Climate Change Risks and the California Environmental Quality Act,' published in the Fall 2009 edition of the Association of Environmental Professionals Environmental Monitor. Q: What is a Climate Action Plan? A: A Climate Action Plans (CAP) is a document that outlines a course of action for a local jurisdiction (a city or county) for reducing greenhouse gas emissions. Usually, a CAP will specify a reduction target, i.e., reducing emissions to 1990 levels by the year 2020. It contains strategies a jurisdiction can take to reduce emissions, such as creating more bicycle lanes or increasing density near transit. The CAP provides clear guidance on how to implement its provisions. MBA has prepared CAPs for several jurisdictions in the State of California. Please contact MBA for more information.

SUBMIT YOUR QUESTION TO MBA STAFF Do you have an environmental question not answered above? If so, please send an e-mail and your question will be answered by a qualified MBA staff member.