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003J7G Appendix 2A Institutional Framework for Allocating and Managing Water Resources in California Bulletin 160-98 Public Review Draft and Game Commission. All State lead agencies are required to consult with the Department of Fish and Game about projects that impact State listed species. DFG is required to render an opinion as to whether the proposed project jeopardizes a listed species and to offer alternatives to avoid jeopardy. State agencies must adopt reasonable alternatives unless there are overriding social or economic conditions that make such alternatives infeasible. For projects causing incidental take, DFG is required to specify reasonable and prudent measures to minimize take. Any take that result from activities that are carried out in compliance with these measures is not prohibited. Many California species are both federally listed and State listed. CESA directs DFG to coordinate with the USFWS and NMFS in the consultation process so that consistent and compatible opinions or findings can be adopted by both federal and State agencies. Natural Community Conservation Planning Adopted in 1991, California's Natural Community Conservation Planning Act establishes a program to identify the habitat needs of species before they become listed as threatened or endangered, and to develop appropriate voluntary conservation methods compatible with development and growth. This program is designed to preserve habitat for the variety of species that are dependent upon each other. Participants in the program develop plans to protect certain habitat and will ultimately enter into agreements with DFG to ensure that the plans will be carried out. Plans must be created so that they are consistent with endangered species laws. Dredge and Fill Permits Section 404 ofthe federal Clean Water Act regulates the discharge of dredged and fill materials into waters of the United States, including wetlands. The term "discharge of dredged and fill material" has been defined broadly to include the construction of any structure involving rock, soil, or other construction material. No discharge may occur unless a permit is obtained from the USACE. Generally, the project proponent must agree to mitigate or have plans to mitigate environmental impacts caused by the project before a permit is issued. The EP A has the authority to veto permits issued by the Corps for projects that have unacceptable adverse effects on municipal water supplies, fisheries, wildlife, or recreational areas. Section 404 allows the issuance of a general permit on a State, regional, or nationwide basis for certain categories of activities that will cause only minimal environmental effects. Such 2A-8