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== Article Draft ==
== Article Draft ==
The '''Santa Clara Valley Habitat Conservation Plan''' (SCVHCP), also know as the Santa Clara Valley Habitat Plan, was an initiative issued in 2012 by the County of Santa Clara Valley, City of San José, the City of Morgan Hill, the City of Gilroy, the Santa Clara Valley Water District (SCVWD), the Santa Clara Valley Transportation Authority (VTA).<ref name=":0" /> These agencies are collectively known as the "Local Partners" in the SCVHCP. The governmental agencies are collectively called the "Local Partners" in regards to the Santa Clara Valley Habitat Conservation Plan. <ref name=":0">{{Cite web |title=NCCP Plan Summary – Santa Clara Valley Habitat Plan |url=https://wildlife.ca.gov/Conservation/Planning/NCCP/Plans/Santa-Clara |access-date=2022-02-28 |website=wildlife.ca.gov}}</ref> The plan was created to protect and encourage the growth of endangered species in Santa Clara County.<ref name=":2">{{Cite web |title=Santa Clara Valley Habitat Conservation Plan Chapter 1 - Introduction |url=https://scv-habitatagency.org/DocumentCenter/View/123/Chapter-1-Introduction |url-status=live}}</ref> It is a 50-year plan, costing an estimated $660 million as of 2012.<ref name=":1">{{Cite web |first= |date=2012 |title=The Santa Clara Valley Habitat Conservation Plan: How Will this Affect Santa Clara Country Residents? |url=https://www.scscourt.org/court_divisions/civil/cgj/2013/SCVHabitatConservationPlan.pdf |url-status=live |website=}}</ref>
The '''Santa Clara Valley Habitat Conservation Plan''' (SCVHCP), also know as the Santa Clara Valley Habitat Plan, was an initiative issued in 2012 by the [[Santa Clara Valley|County of Santa Clara Valley]], [[City of San José]], the [[Morgan Hill, California|City of Morgan Hill]], the [[Gilroy, California|City of Gilroy]], the [[Santa Clara Valley Water District|Santa Clara Valley Water District (SCVWD)]], the [[Santa Clara Valley Transportation Authority|Santa Clara Valley Transportation Authority (VTA)]].<ref name=":0" /> These agencies are collectively known as the "Local Partners" in the SCVHCP. The governmental agencies are collectively called the "Local Partners" in regards to the Santa Clara Valley Habitat Conservation Plan. <ref name=":0">{{Cite web |title=NCCP Plan Summary – Santa Clara Valley Habitat Plan |url=https://wildlife.ca.gov/Conservation/Planning/NCCP/Plans/Santa-Clara |access-date=2022-02-28 |website=wildlife.ca.gov}}</ref> The plan was created to protect and encourage the growth of endangered species in Santa Clara County.<ref name=":2">{{Cite web |title=Santa Clara Valley Habitat Conservation Plan Chapter 1 - Introduction |url=https://scv-habitatagency.org/DocumentCenter/View/123/Chapter-1-Introduction |url-status=live}}</ref> It is a 50-year plan, costing an estimated $660 million as of 2012.<ref name=":1">{{Cite web |first= |date=2012 |title=The Santa Clara Valley Habitat Conservation Plan: How Will this Affect Santa Clara Country Residents? |url=https://www.scscourt.org/court_divisions/civil/cgj/2013/SCVHabitatConservationPlan.pdf |url-status=live |website=}}</ref>


== Background ==
== Background ==
In 2001, the U.S. Department of Fish and Wildlife Service recommended that the local agencies create a habitat conservation plan (HCP) that cover all or most of Santa Clara Country to earn approval for other development projects, such as widening U.S. Highway 101.<ref name=":2" /> The USFWS suggested that an HCP was needed to mitigate the potential impact of urban development on federally-protected species in the area. <ref name=":2" /> In 2004, Santa Clara County, the City of San Jose, VTA, and SCVWD signed a memorandum of understanding (MOU) which stated that the HCP or natural community conservation planning (NCCP) would cover multiple species and habitats.<ref name=":2" /> By 2005, the City of Gilroy and the City of Morgan Hill signed into the MOU, making them the fifth and sixth members of the Local Partners.<ref name=":2" /> In October of 2005, the USFWS, CDFW, and the Local Partners signed the Planning Agreement.<ref name=":2" /> The Planning Agreement was the foundational work for the future HCP/NCCP. This Santa Clara Valley Habitat Conservation Plan states that the Planning Agreement had five main purposes: it sets goals, objectives, and obligations; estimated a preliminary geographic scope, natural, communities and species; required the Local Partners USFWS, and the CDFW to work together; made "concurrent" plans for wetlands; and "...established a process for inclusion of scientific input and public participation."<ref name=":2" />
In 2001, the [[United States Fish and Wildlife Service|U.S. Department of Fish and Wildlife Service]] recommended that the local agencies create a [[Habitat Conservation Plan|habitat conservation plan (HCP)]] that cover all or most of Santa Clara Country to earn approval for other development projects, such as widening [[U.S. Route 101|U.S. Highway 101]].<ref name=":2" /> The USFWS suggested that an HCP was needed to mitigate the potential impact of urban development on federally-protected species in the area. <ref name=":2" /> In 2004, Santa Clara County, the City of San Jose, VTA, and SCVWD signed a [[Memorandum of understanding|memorandum of understanding (MOU)]] which stated that the HCP or [[Natural community conservation plan|natural community conservation plan (NCCP)]] would cover multiple species and habitats.<ref name=":2" /> By 2005, the City of Gilroy and the City of Morgan Hill signed into the MOU, making them the fifth and sixth members of the Local Partners.<ref name=":2" /> In October of 2005, the USFWS, CDFW, and the Local Partners signed the Planning Agreement.<ref name=":2" /> The Planning Agreement was the foundational work for the future HCP/NCCP. This Santa Clara Valley Habitat Conservation Plan states that the Planning Agreement had five main purposes: it sets goals, objectives, and obligations; estimated a preliminary geographic scope, natural, communities and species; required the Local Partners USFWS, and the CDFW to work together; made "concurrent" plans for wetlands; and "...established a process for inclusion of scientific input and public participation."<ref name=":2" />


=== Compliance with Previous Environmental Policies ===
=== Compliance with Previous Environmental Policies ===
The Planning Agreement was designed to adhere to the Federal Endangered Species Act (ESA), the California Endangered Species Act (CESA), and the Natural Community Conservation Planning Act (NCCPA). The SCVHCP planned to satisfying the requirements in the ESA by specifying impact on federally-protected species, creating a comprehensive plan on mitigation measures, designate funding to mitigation, create contingency plans, and explain why other, alternative methods are no longer deemed viable.<ref name=":2" /> The California Endangered Species Act, in regards to its application to the Santa Clara Valley Habitat Conservation Plan, address the act of taking CESA-listed threated or endangered plants and animals.<ref name=":2" /> Section 86 of the California Fish and Game Code (FGC) define take as "hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill." <ref>{{Cite web |title=FISH AND GAME CODE DIVISION 0.5. GENERAL PROVISIONS AND DEFINITIONS [1 - 99.5] |url=https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FGC&sectionNum=86.#:~:text=%E2%80%9CTake%E2%80%9D%20means%20hunt,%20pursue,catch,%20capture,%20or%20kill. |access-date=2022-04-03 |website=leginfo.legislature.ca.gov}}</ref><ref>{{Cite journal |last=Reeder |first=Tabitha |last2=Carrico |first2=Brian |last3=Gunderson |first3=Dan |date=2013-08-12 |title=Endangered Species Act and Marine Mammal Protection Act Permitting in the Pacific Northwest |url=http://dx.doi.org/10.1061/9780784413067.013 |journal=Ports 2013 |location=Reston, VA |publisher=American Society of Civil Engineers |doi=10.1061/9780784413067.013}}</ref> The SCVHCP had to acknowledge instances of take by creating mitigation measures for potential impacts from take. To comply with the Natural Community Conservation Planning Act, the SCVHCP must "be consistent with the Planning Agreement," along with eight other findings.<ref name=":2" />
The Planning Agreement was designed to adhere to the [[Endangered Species Act of 1973|Federal Endangered Species Act (ESA)]], the [[California Endangered Species Act|California Endangered Species Act (CESA)]], and the [[Natural Community Conservation Planning Act|Natural Community Conservation Planning Act (NCCPA)]]. The SCVHCP planned to satisfying the requirements in the ESA by specifying impact on federally-protected species, creating a comprehensive plan on mitigation measures, designate funding to mitigation, create contingency plans, and explain why other, alternative methods are no longer deemed viable.<ref name=":2" /> The California Endangered Species Act, in regards to its application to the Santa Clara Valley Habitat Conservation Plan, address the act of taking CESA-listed threated or endangered plants and animals.<ref name=":2" /> Section 86 of the [[California Fish and Game Code|California Fish and Game Code (FGC)]] define take as "hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill." <ref>{{Cite web |title=FISH AND GAME CODE DIVISION 0.5. GENERAL PROVISIONS AND DEFINITIONS [1 - 99.5] |url=https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FGC&sectionNum=86.#:~:text=%E2%80%9CTake%E2%80%9D%20means%20hunt,%20pursue,catch,%20capture,%20or%20kill. |access-date=2022-04-03 |website=leginfo.legislature.ca.gov}}</ref><ref>{{Cite journal |last=Reeder |first=Tabitha |last2=Carrico |first2=Brian |last3=Gunderson |first3=Dan |date=2013-08-12 |title=Endangered Species Act and Marine Mammal Protection Act Permitting in the Pacific Northwest |url=http://dx.doi.org/10.1061/9780784413067.013 |journal=Ports 2013 |location=Reston, VA |publisher=American Society of Civil Engineers |doi=10.1061/9780784413067.013}}</ref> The SCVHCP had to acknowledge instances of take by creating mitigation measures for potential impacts from take. To comply with the Natural Community Conservation Planning Act, the SCVHCP must "be consistent with the Planning Agreement," along with eight other findings.<ref name=":2" />


=== Ordinances with Other Environmental Policies ===
=== Ordinances with Other Environmental Policies ===
The Santa Clara Valley Habitat Plan also had to comply with: the Migratory Bird Treaty Act; the Bald Eagle and Golden Eagle Protection Act; California Fish and Game Code Sections 3511, 4700, 5050, 5515; California Fish and Game Code Section 3503 and 3503.5; the National Environmental Policy Act of 1969; the California Environmental Quality Act of 1970; the Clean Water Act of 1972 Sections 401 and 404; the Porter-Cologne Water Quality Control Act; California Fish and Game Code Sections 1600–1616; and the National Historic Preservation Act.<ref name=":2" />
The Santa Clara Valley Habitat Plan also had to comply with: the [[Migratory Bird Treaty Act of 1918|Migratory Bird Treaty Act]]; the [[Bald Eagle and Golden Eagle Protection Act]]; California Fish and Game Code Sections 3511, 4700, 5050, 5515; California Fish and Game Code Section 3503 and 3503.5; the [[National Environmental Policy Act|National Environmental Policy Act of 1969]]; the [[California Environmental Quality Act|California Environmental Quality Act of 1970]]; the [[Clean Water Act|Clean Water Act of 1972]] Sections 401 and 404; the [[Porter-Cologne Water Quality Control Act]]; California Fish and Game Code Sections 1600–1616; and the [[National Historic Preservation Act of 1966|National Historic Preservation Act]].<ref name=":2" />


=== List of Protected Species ===
=== List of Protected Species ===
Eighteen species are covered by the Santa Clara Valley Habitat Conservation Plan.<ref name=":3">{{Cite web |title=Covered Species |url=https://scv-habitatagency.org/132/Covered-Species |website=Santa Clara Valley Habitat Agency}}</ref> There is one species of invertebrate (Bay Checkerspot Butterfly), four species of amphibians or reptiles (California Tiger Salamander, California Red-legged Frog, Foothill Yellow-legged Frog, and Western Pond Turtle), three species of birds ( Least Bell’s Vireo, Tricolored Blackbird, and Western Burrowing Owl), and one species of mammal (San Joaquin Kit Fox).<ref name=":3" /> Nine species of plants (Coyote Ceanothus, Fragrant Fritillary, Loma Prieta Hoita, Metcalf Canyon Jewelflower, Most Beautiful Jewelflower Mount Hamilton Thistle, Santa Clara Valley Dudleya, Smooth Lessingia, and Tiburon Indian Paintbrush) are covered by the SCVHCP.<ref name=":3" />
Eighteen species are covered by the Santa Clara Valley Habitat Conservation Plan.<ref name=":3">{{Cite web |title=Covered Species |url=https://scv-habitatagency.org/132/Covered-Species |website=Santa Clara Valley Habitat Agency}}</ref> There is one species of invertebrate ([[Bay checkerspot butterfly|Bay Checkerspot Butterfly]]), four species of amphibians or reptiles ([[California tiger salamander|California Tiger Salamander]], [[California red-legged frog|California Red-legged Frog]], [[Foothill yellow-legged frog|Foothill Yellow-legged Frog]], and [[Western pond turtle|Western Pond Turtle]]), three species of birds ([[Least Bell's Vireo|Least Bell’s Vireo]], [[Tricolored blackbird|Tricolored Blackbird]], and [[Athene cunicularia|Western Burrowing Owl)]], and one species of mammal ([[San Joaquin kit fox|San Joaquin Kit Fox]]).<ref name=":3" /> Nine species of plants ([[Ceanothus ferrisiae|Coyote Ceanothus]], [[Fritillaria liliacea|Fragrant Fritillary]], [[Loma Prieta hoita|Loma Prieta Hoita]], [[Metcalf Canyon jewelflower|Metcalf Canyon Jewelflower]], [[Most Beautiful Jewelflower]], [[Cirsium fontinale|Mount Hamilton Thistle]], [[Santa Clara Valley Dudleya]], [[Lessingia micradenia|Smooth Lessingia]], and [[Tiburon indian paintbrush|Tiburon Indian Paintbrush]]) are covered by the SCVHCP.<ref name=":3" />


== Water Management ==
== Water Management ==


=== SCVHCP and the Three Creeks Habitat Conservation Plan ===
=== SCVHCP and the Three Creeks Habitat Conservation Plan ===
A main goal of the SCVHCP is to "preserve and enhance watersheds to protect beneficial uses of water and to provide flood protection for Santa Clara County."<ref name=":2" /> Because the protected areas overlap, the SCVHCP and the Three Creeks Habitat Conservation Plan.<ref name=":4">{{Cite web |date=2012 |title=Santa Clara Valley Habitat Conservation Plan Chapter 2 - Land Use and Covered Activities |url=https://www.scv-habitatagency.org/DocumentCenter/View/124/Chapter-2-Land-Use-and-Covered-Activities}}</ref> These overlapping areas are the Coyote Watershed, the Guadalupe Watershed, and the Stevens Creek Watershed. <ref name=":4" /> The SCVHP covers activities in the Three. Activities in the SCVHCP are describes as development projects divided into seven categories: "urban development, in-stream capital projects, in-stream operations and maintenance, rural capital projects, rural operation and maintenance, rural development, and conservation strategy implementation."<ref name=":4" /> The Three Creeks HCP contains a program for the "impacts of SCVWD’s operation and maintenance of eight reservoirs, multiple diversions dams and drop structures and associated facilities...[and a] extensive system of off-channel recharge ponds, and facilities that provide for water to be released to various channels."<ref name=":4" />
A main goal of the SCVHCP is to "preserve and enhance watersheds to protect beneficial uses of water and to provide flood protection for Santa Clara County."<ref name=":2" /> Because the protected areas overlap, the SCVHCP and the [[Three Creeks Habitat Conservation Plan|Three Creeks Habitat Conservation Plan.]]<ref name=":4">{{Cite web |date=2012 |title=Santa Clara Valley Habitat Conservation Plan Chapter 2 - Land Use and Covered Activities |url=https://www.scv-habitatagency.org/DocumentCenter/View/124/Chapter-2-Land-Use-and-Covered-Activities}}</ref> These overlapping areas are the Coyote Watershed, the Guadalupe Watershed, and the Stevens Creek Watershed. <ref name=":4" /> The SCVHP covers activities in the Three. Activities in the SCVHCP are describes as development projects divided into seven categories: "urban development, in-stream capital projects, in-stream operations and maintenance, rural capital projects, rural operation and maintenance, rural development, and conservation strategy implementation."<ref name=":4" /> The Three Creeks HCP contains a program for the "impacts of SCVWD’s operation and maintenance of eight reservoirs, multiple diversions dams and drop structures and associated facilities...[and a] extensive system of off-channel recharge ponds, and facilities that provide for water to be released to various channels."<ref name=":4" />


== References ==
== References ==

Revision as of 00:10, 14 April 2022

Article Draft

The Santa Clara Valley Habitat Conservation Plan (SCVHCP), also know as the Santa Clara Valley Habitat Plan, was an initiative issued in 2012 by the County of Santa Clara Valley, City of San José, the City of Morgan Hill, the City of Gilroy, the Santa Clara Valley Water District (SCVWD), the Santa Clara Valley Transportation Authority (VTA).[1] These agencies are collectively known as the "Local Partners" in the SCVHCP. The governmental agencies are collectively called the "Local Partners" in regards to the Santa Clara Valley Habitat Conservation Plan. [1] The plan was created to protect and encourage the growth of endangered species in Santa Clara County.[2] It is a 50-year plan, costing an estimated $660 million as of 2012.[3]

Background

In 2001, the U.S. Department of Fish and Wildlife Service recommended that the local agencies create a habitat conservation plan (HCP) that cover all or most of Santa Clara Country to earn approval for other development projects, such as widening U.S. Highway 101.[2] The USFWS suggested that an HCP was needed to mitigate the potential impact of urban development on federally-protected species in the area. [2] In 2004, Santa Clara County, the City of San Jose, VTA, and SCVWD signed a memorandum of understanding (MOU) which stated that the HCP or natural community conservation plan (NCCP) would cover multiple species and habitats.[2] By 2005, the City of Gilroy and the City of Morgan Hill signed into the MOU, making them the fifth and sixth members of the Local Partners.[2] In October of 2005, the USFWS, CDFW, and the Local Partners signed the Planning Agreement.[2] The Planning Agreement was the foundational work for the future HCP/NCCP. This Santa Clara Valley Habitat Conservation Plan states that the Planning Agreement had five main purposes: it sets goals, objectives, and obligations; estimated a preliminary geographic scope, natural, communities and species; required the Local Partners USFWS, and the CDFW to work together; made "concurrent" plans for wetlands; and "...established a process for inclusion of scientific input and public participation."[2]

Compliance with Previous Environmental Policies

The Planning Agreement was designed to adhere to the Federal Endangered Species Act (ESA), the California Endangered Species Act (CESA), and the Natural Community Conservation Planning Act (NCCPA). The SCVHCP planned to satisfying the requirements in the ESA by specifying impact on federally-protected species, creating a comprehensive plan on mitigation measures, designate funding to mitigation, create contingency plans, and explain why other, alternative methods are no longer deemed viable.[2] The California Endangered Species Act, in regards to its application to the Santa Clara Valley Habitat Conservation Plan, address the act of taking CESA-listed threated or endangered plants and animals.[2] Section 86 of the California Fish and Game Code (FGC) define take as "hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill." [4][5] The SCVHCP had to acknowledge instances of take by creating mitigation measures for potential impacts from take. To comply with the Natural Community Conservation Planning Act, the SCVHCP must "be consistent with the Planning Agreement," along with eight other findings.[2]

Ordinances with Other Environmental Policies

The Santa Clara Valley Habitat Plan also had to comply with: the Migratory Bird Treaty Act; the Bald Eagle and Golden Eagle Protection Act; California Fish and Game Code Sections 3511, 4700, 5050, 5515; California Fish and Game Code Section 3503 and 3503.5; the National Environmental Policy Act of 1969; the California Environmental Quality Act of 1970; the Clean Water Act of 1972 Sections 401 and 404; the Porter-Cologne Water Quality Control Act; California Fish and Game Code Sections 1600–1616; and the National Historic Preservation Act.[2]

List of Protected Species

Eighteen species are covered by the Santa Clara Valley Habitat Conservation Plan.[6] There is one species of invertebrate (Bay Checkerspot Butterfly), four species of amphibians or reptiles (California Tiger Salamander, California Red-legged Frog, Foothill Yellow-legged Frog, and Western Pond Turtle), three species of birds (Least Bell’s Vireo, Tricolored Blackbird, and Western Burrowing Owl), and one species of mammal (San Joaquin Kit Fox).[6] Nine species of plants (Coyote Ceanothus, Fragrant Fritillary, Loma Prieta Hoita, Metcalf Canyon Jewelflower, Most Beautiful Jewelflower, Mount Hamilton Thistle, Santa Clara Valley Dudleya, Smooth Lessingia, and Tiburon Indian Paintbrush) are covered by the SCVHCP.[6]

Water Management

SCVHCP and the Three Creeks Habitat Conservation Plan

A main goal of the SCVHCP is to "preserve and enhance watersheds to protect beneficial uses of water and to provide flood protection for Santa Clara County."[2] Because the protected areas overlap, the SCVHCP and the Three Creeks Habitat Conservation Plan.[7] These overlapping areas are the Coyote Watershed, the Guadalupe Watershed, and the Stevens Creek Watershed. [7] The SCVHP covers activities in the Three. Activities in the SCVHCP are describes as development projects divided into seven categories: "urban development, in-stream capital projects, in-stream operations and maintenance, rural capital projects, rural operation and maintenance, rural development, and conservation strategy implementation."[7] The Three Creeks HCP contains a program for the "impacts of SCVWD’s operation and maintenance of eight reservoirs, multiple diversions dams and drop structures and associated facilities...[and a] extensive system of off-channel recharge ponds, and facilities that provide for water to be released to various channels."[7]

References

  1. ^ a b "NCCP Plan Summary – Santa Clara Valley Habitat Plan". wildlife.ca.gov. Retrieved 2022-02-28.
  2. ^ a b c d e f g h i j k l "Santa Clara Valley Habitat Conservation Plan Chapter 1 - Introduction".{{cite web}}: CS1 maint: url-status (link)
  3. ^ "The Santa Clara Valley Habitat Conservation Plan: How Will this Affect Santa Clara Country Residents?" (PDF). 2012.{{cite web}}: CS1 maint: url-status (link)
  4. ^ "FISH AND GAME CODE DIVISION 0.5. GENERAL PROVISIONS AND DEFINITIONS [1 - 99.5]". leginfo.legislature.ca.gov. Retrieved 2022-04-03.
  5. ^ Reeder, Tabitha; Carrico, Brian; Gunderson, Dan (2013-08-12). "Endangered Species Act and Marine Mammal Protection Act Permitting in the Pacific Northwest". Ports 2013. Reston, VA: American Society of Civil Engineers. doi:10.1061/9780784413067.013.
  6. ^ a b c "Covered Species". Santa Clara Valley Habitat Agency.
  7. ^ a b c d "Santa Clara Valley Habitat Conservation Plan Chapter 2 - Land Use and Covered Activities". 2012.
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