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Project Legal Requirements

ENVIRONMENTAL DOCUMENTATION

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ENDANGERED SPECIES ACT COMPLIANCE
Requirement Description Authority
CFR, RCW, WAC
Additional Information MDL No.
Early Consultation - Contact FWS/NOAA Contact the FWS/NMFS to request a list of threatened and endangered species and critical habitat in the area, or submit to the FWS/NMFS a list of species and critical habitat being reviewed. The purpose of this is to reduce the likelihood of conflicts between listed species or critical habitat and proposed actions. The minimal biological evaluation (BE) under Section 7 for any Federal-aid project not addressed programmatically, is a request to the Services for information on the presence of listed or proposed species or critical habitat in the project vicinity. If the Services respond that protected species or habitat are known not to occur in the action area, the environmental analysis with respect to the ESA is complete and the FHWA concurs in writing with a no effect determination by the State DOT. ESA Part 402.12 2(c)    

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