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Fish and Wildlife Service (USFWS), and National Marine Fisheries Service (NMFS) (if <br />necessary). <br />The report shall support the Section 404 permit application and the USACE’s federal <br />Endangered Species Act (FESA) Section 7 consultation with the USFWS (and NMFS if <br />appropriate) regarding potential direct and indirect impacts on federally listed species from the <br />proposed activities. The BA shall address the potential for project activities to result in “take” of <br />listed species and modification of their habitat. For the purpose of the BA, no protocol-level <br />surveys shall be conducted. Rather, the potential for occurrence of listed species shall be <br />determined based on an assessment of habitat conditions on the site, proximity to areas of known <br />occurrence, and presence or absence of barriers to dispersal to the site from nearby areas of <br />known occurrence. In addition, the BA shall support acquisition of an incidental take permit <br />from the CDFW, if necessary, to ensure compliance with the California Endangered Species Act <br />(CESA). <br /> <br />Deliverables: Draft Biological Assessment (electronic) <br /> Final Biological Assessment (electronic) <br /> <br />Meetings: Site visit to conduct biological habitat assessment (one field day) <br /> <br />7.3 Section 106 of the National Historic Preservation Act (NHPA) Compliance <br />Consultant shall prepare a cultural resources report that is compliant with Section 106 of the <br />NHPA. The report shall include an Area of Potential Effects (APE) map that depicts all <br />construction work areas and staging areas. Consultant shall conduct background research for <br />cultural resources by conducting a record search at the California Historic Resources Information <br />System (CHRIS). The Native American Heritage Commission shall also be contacted to <br />determine whether Native American sacred sites are known to be located in or near the sites and <br />to request a list of contacts for Native American tribes who may be interested in the Project. A <br />field survey shall be conducted by Consultant’s cultural resources specialists. The report shall <br />document all findings from the field investigation. The cultural resources report shall also be <br />submitted to the Northwest Information Center of the CHRIS. <br /> <br />Deliverables: Draft Section 106 Report (electronic) <br /> Revised Section 106 Report (electronic) <br /> <br />Meetings: Site visit to conduct biological habitat assessment (one field day) <br /> <br /> <br />7.4 San Francisco Bay Conservation and Development Commission <br />Consultant shall prepare a permit application for compliance with the California McAteer-Petris <br />Act, federal Coastal Zone Management Act, and the San Francisco Bay Plan for placement of <br />Bay fill that BCDC has regulatory authority over. Consultant shall coordinate with the City and <br />BCDC to determine whether proposed activities may be considered a “minor improvement” and <br />qualify for an Administrative Permit, or require a Major Permit. Consultant shall prepare and <br />submit a draft version of the application documents for review by the City. Based on City <br />comments, the application package will be revised by Consultant and submitted to BCDC, or by <br />the City, for consideration. <br />1123