Endangered Species Act Review Procedures

In order to be eligible for coverage under the Construction General Permit (CGP) or Multi Sector General Permit (MSGP-2000) you must assess the potential effects of stormwater discharges and stormwater discharge related activities on federally listed endangered and threatened species and any designated critical habitat that exists on or near your site or facility. In making this determination, you will need to consider areas beyond the immediate footprint of the construction or industrial activity and beyond the property line, including those that could be affected directly or indirectly by stormwater discharges.

For more information on these requirements, please review:

• For the CGP, Part 1.3.C [PDF - 387 KB - 30pp] and Appendix C [PDF - 185 KB - 3pp], or
• For the MSGP-2000, Addendum A [PDF - 151 KB - 7pp].

Determine if Listed Threatened or Endangered Species are Present On or Near Your Project Area or Facility

Unless you are relying on another operator's completed certification, you must determine, to the best of your ability, whether listed species are located on or near your project area or facility. To make this determination, you should:

• Determine if listed species are in your county or township. The local offices of the U.S. Fish and Wildlife Service (FWS) , National Marine Fisheries Service (NMFS) , and State or Tribal Heritage Centers often maintain lists of federally listed endangered or threatened species on their internet sites. For easier navigation to these lists, EPA has assembled a list of relevant Endangered Species websites. In most cases, these sites allow you to determine if there are listed species in your county or township.
• If there are listed species in your county or township, contact your local FWS, NMFS, or State or Tribal Heritage Center to determine if the listed species could be found on or near your project area or facility and if any critical habitat areas have been designated that overlap or are near your project area or facility.

  Critical habitat areas maybe designated independently from the listed species for your county, so even if there are no listed species in your county or township you must still contact one of the agencies mentioned above to determine if there are any critical habitat areas on or near your project area or facility.

• If there are no listed species in your county or township, no critical habitat areas on or near your project area or facility, or if your local FWS, NMFS, or State or Tribal Heritage Center indicates that listed species are not a concern in your part of the county or township, you may check box A on the Notice of Intent Form.
• If there are listed species (or critical habitat) and if your local FWS, NMFS, or State or Tribal Heritage Center indicates that these species could exist on or near your project area or facility, you will need to follow the steps outlined in Appendix C of the CGP [PDF - 185 KB - 3pp] or Addendum A of the MSGP-2000 [PDF - 151 KB - 7pp].

Endangered Species in Your Area

Click on your state below to get information on the endangered species in your area. Click on your EPA region number below to see all the states' endangered species information for that region. Below this map are text links to obtain the same state and regional information.

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Last updated on October 01, 2007 1:27 PM
URL:http://cfpub.epa.gov/npdes/stormwater/esa.cfm