Measures for When Effects Cannot Be Avoided
If Covered plants cannot be avoided through the measures PLANT-1 through PLANT-6, the following measures will apply:
a. For species and critical habitat with an NLAA determination (Table 13), measures PLANT-1 through PLANT-6 (or alternate measures proposed by the Project Proponent) must be used to avoid adverse effects. If adverse effects cannot be avoided, separate consultation with the USFWS is necessary.
b. For species with an LAA determination (Table 13), limited, temporary adverse effects are allowed, consistent with the following measures. A site-specific restoration plan will be developed and implemented. This plan will be provided with the ESA Section 7(a)(2) Review Form for review and approval by the USFWS Field Office. The plan will demonstrate no net loss of habitat where presence is confirmed or assumed, number of individuals, genetic diversity, or habitat quality of the Covered Species occurrence. The restoration plan will include, at a minimum:
i. No permanent loss of habitat will occur.
ii. Destruction of federally-listed plant individuals will be avoided to the extent feasible. In addition, this destruction will be restricted to 1% of the affected population, excluding impacts to the seedbank.
iii. Project proponents will summarize observations of and impacts to federally-listed plants during restoration activities and include them in the Post-Construction Report Form and any observed destruction of federally-listed plant species exceeding 1% of a population will be reported to the appropriate USFWS office within 72 hours.
c. Projects that would have permanent effects (e.g., permanent removal of vernal pool habitat) on Covered plant species will require separate, project-specific consultation.