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March 2, 2013 <br /> <br />To: Denyelle Nishimori <br /> Town of Truckee, Planning Committee <br /> <br />From: Pam Stock <br /> Glenshire Resident <br /> <br />Re: Addendum to Canyon Springs DEIR, <br /> letter of 2/18/2013, Biological Resources <br /> <br />4.4 -1 of the DEIR outlines the following federal and California laws concerning the <br />endangered and special status species of birds at risk. The laws state as follows: <br /> <br /> 1. Federal Endangered Species Act: it is unlawful to "take" any threatened <br />or endan gered species. "Take" means to "harass, harm, pursue, hunt, shoot, <br />kill, wound, trap, capture, collect, disturb , or attempt to engage in any such <br />conduct" even if it is unintentional. "Consultation with USFWS or NMFS is <br />required if a project 'may affect' or result in 'take' of a listed species." Has <br />the Federal Endangered Species act been consulted, and if not , why not? <br /> <br /> 2. The California Endangered Species Act: includes the Migratory Bird Treat <br />Act and the Lacey Act. The California Act, section 3503 of the Fish and Game <br />Code, prohibits the "take of migratory birds, eggs, feathers or nests." "Take" <br />is def ined the same as in the Federal Endangered Act, and includes any activity <br />occurring in areas that support a listed species. Has California Fish and Game <br />been consulted in relation to the endangered and special status species <br />biological resources on Cany on Springs? If not, why not? <br /> <br />4.4 -2 of the DEIR outlines the provisions of the California Endangered Species Act. <br />It also defines jurisdictional waters which include drainages, and water features: <br />rivers, lakes, ponds, wetlands, marshes and seeps. Plea se see 4.4 -2a for <br />government regulatory agencies and definitions of non -tidal waters which affect <br />this project. The State Water Resources Control Board must certify all activities <br />requiring a 404 permit. Does Canyon Springs have this permit, and if not, why <br />not? <br /> <br />COS-P1.5 of the Town General Plan provides for maximum benefit in terms of <br />habitat preservation. The General Plan also states that the Town wants to <br />"enhance the overall character of Truckee as a scenic mountain community. <br />COS-4 and COS-P4,2 st ate that areas of significant wildlife habitat and biological <br />resources must be protected. With this understanding and intension of the <br />Town Plan, the following remarks have to do with the endangered and special <br />status species of birds found on the Canyon Springs project. <br />