## Endangered Species Act [No Effect]{.underline} Guidance 

## for Washington State

## (Prepared in collaboration with the U.S. Fish and Wildlife Service and 

## NOAA Fisheries. Applies in Washington State only.)

##  24 CFR Part 58

+-------------------------------------+-----------------+-------------+
| **General requirements**            | ####            | **HUD       |
|                                     | ESA Legislation | Re          |
|                                     |                 | gulations** |
+-------------------------------------+-----------------+-------------+
| Section 7 of the Endangered Species | The Endangered  | 24 CFR      |
| Act mandates that actions that are  | Species Act of  | 58.5(e)     |
| authorized, funded, or carried out  | 1973 (16 U.S.C. |             |
| by Federal agencies do not          | 1531 et seq.;   | 24 CFR      |
| jeopardize the continued existence  | particularly    | 50.4(e)     |
| of plants and animals that are      | section 7)      |             |
| listed or result in the adverse     |                 |             |
| modification or destruction of      |                 |             |
| designated critical habitat.        |                 |             |
+-------------------------------------+-----------------+-------------+

**Purpose**: The purpose of this checklist is to assist HUD and
responsible entities meet their Endangered Species Act obligations. A
determination of "**no effect**" to federally listed species and
critical habitat fulfills HUD's and the responsible entity's obligation
to ensure actions it authorizes, funds, or carries out do not jeopardize
the continued existence of listed species or adversely modify designated
critical habitat. "**No effect**" determinations do not require
coordination with or approval from the U.S. Fish and Wildlife Service
and/or NOAA Fisheries.

**Definition:** "**No effect**" -- the appropriate determination when
the proposed action, including its interrelated and interdependent
actions, will not affect (i.e., influence or bring about any change)
listed species or designated critical habitat either directly or
indirectly.

**The following questions will help you determine if the proposed
project will have an effect to federally listed species or designated
critical habitat. The list of activities is not all-inclusive, but
provides examples of typical types of projects that would meet a "no
effect" determination.**

**1. Does the project consist solely of the following activities:
purchasing existing buildings; completing interior renovations to
existing structures; replacement or repairs to existing roofs (not
including galvanized material unless it has been sealed or otherwise
confined so that it will not leach into stormwater); replacing exterior
paint or siding on existing buildings; adding sprinkler systems or
repairing landscape, not including removing trees or shrubs?**

Yes: STOP here. The project will have No Effect on listed or proposed
species, and designated or proposed critical habitat. Consultation with
the U.S. Fish and Wildlife Service and/or NOAA Fisheries is not
required. Record your determination of no effect and maintain this
documentation in your ERR.

No: PROCEED to \#**2**

**2. Does the project consist solely of the any of the following
activities and not result in an increase of impervious surface, removal
of trees, or removal of streamside vegetation: rehabilitation of an
existing structure; reconstruction or repair to existing curbs,
sidewalks or other concrete structures; repairs to existing parking lots
(for example repairing pot holes or repainting lines -- not expansions);
purchasing or installing appliances?**

Yes: STOP here. The project will have No Effect on listed or proposed
species, and designated or proposed critical habitat. Consultation with
the U.S. Fish and Wildlife Service and/or NOAA Fisheries is not
required. Record your determination of no effect and maintain this
documentation in your ERR.

No: PROCEED to \#**3**

3\. If new construction, does construction occur on a previously
developed parcel and meet all of the following criteria: does not add
new impervious surfaces; does not remove trees or streamside/riparian
vegetation; complies with all state and local building codes and
stormwater regulations; infiltrates all stormwater or does not discharge
stormwater to a salmonid-bearing stream or proposed/designated critical
habitat.

Yes: STOP here. The project will have No Effect on listed or proposed
species, and designated or proposed critical habitat. Consultation with
the U.S. Fish and Wildlife Service and/or NOAA Fisheries is not
required. Record your determination of no effect and maintain this
documentation, including information about the stormwater discharge, in
your ERR.

No: PROCEED to \#**4**

4\. If new construction, does construction add new impervious surfaces
to a previously developed parcel and meet all of the following criteria:
does not remove trees or streamside/riparian vegetation; complies with
all state and local building codes and stormwater regulations;
discharges treated stormwater to non- salmonid-bearing stream within the
same subbasin (discharge point must be a minimum of ¼ mile from salmonid
bearing stream or proposed/designated critical habitat) or infiltrates
all treated stormwater within the same subbasin.

Yes: STOP here. The project will have No Effect on listed or proposed
species, and designated or proposed critical habitat. Consultation with
the U.S. Fish and Wildlife Service and/or NOAA Fisheries is not
required. Record your determination and maintain this documentation,
including information about the stormwater discharge, in your ERR.

No: PROCEED to #5

5\. Would project effects, including those that extend beyond the
project site (e.g., noise, air pollution, water quality, stormwater
discharge, visual disturbance), overlap with identified federally listed
or proposed species occurrences or designated or proposed critical
habitat or potential habitat (e.g., roosting, feeding, nesting,
spawning, rearing, overwintering sites, or migratory corridors) for
listed species?

+-----------------------------------------------------------------------+
| For USFWS, please visit the following website to order a              |
| site-specific species list from the State Department of Wildlife and  |
| Fish:                                                                 |
| [www.wdfw.wa.gov/hab/release](http://www                              |
| .hud.gov/utilities/intercept.cfm?http://www.wdfw.wa.gov/hab/release). |
| The process takes one to eight weeks and costs \$40.                  |
|                                                                       |
| For NOAA Fisheries, please visit this website to determine the        |
| location of listed species:                                           |
| [www.streamnet.org]                                                   |
| (http://www.hud.gov/utilities/intercept.cfm?http://www.streamnet.org) |
| (click "Interactive Mapper")                                          |
+-----------------------------------------------------------------------+

No: STOP here. The project will have No Effect on listed or proposed
species, and designated or proposed critical habitat. Consultation with
the U.S. Fish and Wildlife Service and/or NOAA Fisheries is not
required. Record your determination of no effect and maintain this
documentation in your ERR.

Yes: The project may affect listed or proposed species, or designated or
proposed critical habitat. Consultation with the USFWS and/or NOAA
Fisheries may be required.

  -----------------------------------------------------------------------------------------------------------------------
  **Working Toward Recovery:** The Endangered Species Act requires that all federal agencies utilize their authorities to
  help conserve listed species. Therefore, as responsible entities, you are encouraged to minimize the effects of your
  actions on listed species, designated critical habitat and habitat identified in endangered species recovery plans. For
  your activities, you are especially encouraged to minimize your action's contribution to water quality degradation from
  point and non-point discharges, and water quantity alteration due to increased impervious surfaces. Information on low
  impact development can be found at
  [www.epa.gov/nps/lid/lidlit.html](http://www.hud.gov/utilities/intercept.cfm?http://www.epa.gov/nps/lid/lidlit.html).

  -----------------------------------------------------------------------------------------------------------------------