1. BACKGROUND
1.1. On May 25, 1999, the United States Fish and Wildlife Service (“Service”) issued a biological opinion under a formal consultation with the Army Corps of Engineers (“Corps”) regarding the effects of construction of the Pleasant Grove Wastewater Treatment Plant (“PGWTP”) on the federally listed endangered vernal pool tadpole shrimp and the threatened vernal pool fairy shrimp (“vernal pool species”) in accordance with section 7 of the federal Endangered Species Act (“ESA”), 16 U.S.C. section 1531 et seq.
1.2. The Incidental Take Statement (“ITS”) attached to the opinion authorized incidental take associated with the direct and indirect effects of the construction of the PGWTP. The ITS, however, did not authorize incidental take resulting from operation of the PGWTP. The PGWTP will have an initial (“Phase 1”) operating capacity of 12 million gallons per day; and will expand to a maximum daily operating capacity of 21 million gallons per day during Phase II operations.
1.3. To minimize incidental take of vernal pool species resulting from the effects of the PGWTP’s operation, the City of Roseville (“City”), as part of the proposed action reviewed in the biological opinion, committed to develop and implement an interim conservation strategy and a long term habitat conservation program.
1.4. Through this Memorandum of Understanding (“MOU”), the City and the Service (collectively “Parties”) seek to accomplish the following objectives consistent with the proposed action as described in the biological opinion and with the reasonable and prudent measures to minimize take contains in the ITS:
1.4.a. To set out a process to develop an interim conservation strategy to minimize the adverse effects on federally listed species of future development serviced by Phase I operations of the PGWTP and located on lands under the City’s jurisdiction.
1.4.b. To work cooperatively to develop a long-term Habitat Conservation Plan (“HCP”) or its equivalent to minimize the effects on federally listed species of future development services by Phase II of the PGWTP and located in the City or other participating jurisdictions who commit to participate in the HCP or its equivalent.
1.5. The City is undertaking these efforts with the expectation that a number of environmental, economic, and quality of life benefits will accrue to the Roseville community and surrounding areas. Accordingly, the City and the Service intend for this process to be guided by the following goals:
1.5.a. Providing for the conservation of endangered and threatened species and open space while accommodating appropriate economic growth in the region.
1.5.b. Establishing a process that addresses conservation issues on a comprehensive basis, rather than through piecemeal, project-by-project review.
1.5.c. Achieving streamlined review and processing of state and federal permits for species and habitats through the integration of these requirements into local land use decision-making processes.
1.5.d. Providing appropriate regulatory assurances to the City and other participating jurisdictions to foster certainty and predictability in the planning process.