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Citation: FEMA-1628-DR-CA, Marin Municipal Water District, Environmental Mitigation Measures, Project Worksheet (PW) 3532

Cross-reference: Request for Public Assistance, Endangered Species Act Compliance

Summary: In the wake of the December 2005-January 2006 severe winter storms, the
Laugnitas Creek flooded causing an embankment washout in four locations. The embankment washout exposed a 34-inch water main which supplies water to nearly 200,000 people. FEMA prepared PW 3532, Category C-Roads and Bridges, on June 8, 2006, to construct a retaining wall to protect the endangered water main. The PW included language indicating endangered steelhead trout and coho salmon were present in the Lagunitas Creek and that the Fish and Game will have to be consulted.
Per Section 7 of the Endangered Species Act, FEMA is required to consult with appropriate regulatory agencies prior to funding work on projects that may impact marine life. However, the Marin Municipal Water District (MMWD) installed the retaining wall prior to the required consultation. FEMA contacted the National Marine Fisheries Service (NMFS) and requested an after-the-fact consultation; however, the NMFS does not consult after the fact and denied the request. Because the required consultation with NMFS was not done prior to MMWD installing the retaining wall, and the request to consult after the fact was denied, FEMA is unable to fund PW 3532.

Issues: 1. Did the project require consultation with a regulatory agency prior to
commencing work per Section 7 of the ESA?
Findings: Yes.

Rationale: Endangered Species Act, Section 7.