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Section 9 Summary of Coordination and Environmental Compliance

EAA Storage Reservoirs Revised Draft PIR and EIS February 2006

9-8

The project is in compliance with the National Environmental Policy Act.

9.6.5 Fish and Wildlife Coordination Act of 1958

This project has been coordinated with USFWS and FFWCC. Planning Aid

Letters (PALs) have been received from the USFWS on a regular basis since

2002. The USFWS provided recommendations for on-site opportunities to

increase fish and wildlife habitat by including deep-water fish refugia within the

reservoir, a littoral shelf along the seepage canal, and short-hydroperiod wetland

and tree islands within the seepage buffer. The USFWS also provided

recommendations for both earthen and roller-compacted concrete (RCC) levees.

For earthen levees, the USFWS recommends that the exterior face of the

exterior levees be covered with soil to provide some vegetation for habitat and to

improve aesthetics. For RCC levees, the USFWS recommends including steps at

1 ft intervals to provide potential resting and feeding habitat for fish and

wildlife. The USFWS does not support constructing levees as flat concrete walls,

as vertical walls provide no potential habitat for fish and wildlife. They also

recommend that soil be placed along the east to southeast (leeward) levee as this

placement will minimize soil erosion from wind driven fetch, and that the

exterior face of the exterior RCC levees be covered with soil to provide some

vegetation for habitat and to improve aesthetics. Regarding reservoir

operations, the USFWS recommends minimizing or avoiding drydown to ground

surface to reduce potential remobilization of methylmercury or other

contaminants into the water column upon reflooding.

The USFWS and the FFWCC have provided Draft Coordination Act Reports

(FWCA Report), which are included in this document in Annex A. Responses to

the FWCA Reports recommendations are also included in Annex A.

A PAL was received form the FFWCC on August 15, 2002. FFWCC concerns

included the water quality of the reservoir water and its influence on the nearby

stormwater treatment area; impacts on state-listed species; optimizing the

reservoir size to benefit Lake Okeechobee, the estuaries, and WCAs 2 and 3; and

potential contaminants on agricultural lands. Representatives from both

agencies have been involved in the project planning, development and

evaluation, with particular interests in effects to fish and wildlife resources and

natural wildlife management areas. Coordination continues with USFWS and

FFWCC. This project is in full compliance with the Act.

9.6.6 Migratory Bird Treaty Act and Migratory Bird Conservation Act

The project site currently is used for migratory birds (burrowing owls) that could

be affected by project activities. A burrowing owl survey will be conducted prior

to construction. Construction will not take place during the nesting season in the

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Wenger 72944 Spezifikationen Seite 326