Working Draft …

                                           Working Draft
                                           BDCP Outline

Note to Reviewers: This working draft of the BDCP outline document is intended to provide the
Steering Committee with an understanding of the content requirements of the document and the
types of information and processes that will need to be developed through the course of 2008 to
complete the BDCP document on schedule. It is anticipated that this outline will change as we
proceed through the development of the BDCP as each component of each chapter is more fully
defined.
Cover
Cover Page
Verso Page
Table of Contents
Executive Summary

Chapter 1. Introduction
        1.1     Background
This section will describe the genesis of the BDCP.

        1.2     BDCP Goals and Objectives
This section will describe the Planning Agreement goals and objectives.

        1.3     Regulatory Context
                1.3.1 Need for the BDCP HCP/NCCP
This section will describe the applicable federal and state laws and regulations with which the
HCP/BDCP is intended to comply and will list the Permit Applicants.

                1.3.2 Relationship with Existing Biological Opinions
This section will describe the relationship of the BDCP to OCAP and any other applicable Biological
Opinions or court rulings.

                1.3.3 Relationship between the BDCP HCP/NCCP and Other
                      Federal and State Laws and Regulations
This section will describe other federal and state laws and regulations with which the BDCP HCP/NCCP
implementation may need to comply.

        1.4     Scope of the BDCP HCP/NCCP
                1.4.1 Geographic Scope
This section will describe the geographic scope of the BDCP HCP/NCCP, defined as the planning area.




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                 1.4.2 Covered Natural Communities
This section will identify and describe the rationale for the natural communities proposed for coverage
under the BDCP NCCP/HCP.

                 1.4.3 Covered Species
This section will describe the covered species selection process and identify the species proposed for
coverage under the BDCP HCP/NCCP.

                 1.4.4 Covered Activities
This section will briefly describe the types of activities to be covered under the BDCP HCP/NCCP and
direct the reader to Chapter 4, Covered Activities, for detailed descriptions of the activities.

        1.5      Overview of the BDCP HCP/NCCP Process
                 1.5.1 BDCP Organization and Structure
This section will describe the Steering Committee members and the Steering Committee's role in
developing the BDCP HCP/NCCP. This section would also describe participation by the Fisheries
Agencies as ex-officio members and possibly the Steering Committee's coordination with other relevant
programs (e.g., Delta Vision, CALFED).

                 1.5.2 Coordination with Agencies, Stakeholders, and
                 Public Outreach
This section will discuss the role of state and federal agencies, stakeholders, and the public in the
development of the BDCP, including agency coordination, stakeholder participation, and public
involvement.

                 1.5.3 Integration of Science
This section will describe the independent science process that was used to inform the development of the
BDCP and discuss role of the process in meeting the requirements of the NCCPA and following agency
guidance relating to the ESA. This section will briefly describe other sources of independent science
input that were solicited by the Steering Committee.


                 1.6     Organization of the BDCP HCP/NCCP

This section will provide a brief overview the contents of the HCP/NCCP document.

Chapter 2.               Existing Ecological Conditions
        2.1      Introduction
This section will describe the contents of the chapter and the purpose of including this information in the
BDCP. Information provided in this Chapter will help guide the development of the conservation
measures included in Chapter 3, Conservation Strategy, and provide the basis for the impact assessment
presented in Chapter 5, Impact Assessment and Level of Take.

        2.2      Historical Conditions
This section will provide a brief description of relevant historical physical and biological conditions
present in the planning area.

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        2.3     Existing Ecological Conditions
                2.3.1 Data Sources and Methods
This section will describe data collected for the development of the BDCP. This section will describe
sources and content of hydrologic data, physical data (e.g., bathymetry, topography, geology, and soils),
and land cover data used. Supporting information (e.g., GIS metadata) will be provided in an Appendix.

                2.3.2 Ecosystem Processes
This section will provide a general overview of the large-scale ecological processes that affect the Delta,
including physical, geomorphic, chemical, and biological processes. Examples of processes include tidal
action, salinity gradients, hydrodynamics, sediment movement, chemical bioaccumulation, productivity,
and food web dynamics.

                2.3.3 Physical Conditions
This section will describe the geomorphic, soil, climatic, hydrologic, tidal, and other important physical
conditions present in the Delta that are important to supporting the Delta ecosystem.

                2.3.4 Covered Natural Communities
This section will describe the covered natural communities. Three covered natural communities have
been preliminarily identified: tidal perennial aquatic, tidal freshwater emergent, and valley riparian.
Additional communities could be covered by the Steering Committee depending on the activities
ultimately covered under the BDCP. The following types of information will be described for each
community:

          Physical conditions that support the community;
          Vegetation and wildlife associated with the community;
          Non-native species that affect the ecological functions of the community;
          Ecological functions provided by the community;
          Ecological gradients; and
          Likely future conditions with climate change.

                2.3.5 Other Biological Communities
This section will briefly describe the attributes of other biological communities present in the planning
area that are not covered by the BDCP (e.g., lacustrine, grassland, agricultural land).

                2.3.6 Covered Species
This section will describe the status of the covered species, using the most current and relevant scientific
information. The section will include a discussion of important species stressors, designated critical
habitat, and essential fish habitat.

        2.4     Biodiversity
This section will address the status of biodiversity within the planning area.


Chapter 3.               Conservation Strategy
        3.1     Introduction
This section will introduce and provide an overview of the Chapter contents.


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        3.2     Biological Goals and Objectives
This section will describe the biological goals and objectives related to the Delta ecosystem, covered
natural communities, and covered species. This section will also describe the process used to develop the
biological goals and objectives.

        3.3     Approach to Conservation
This section will describe the general approach to the BDCP conservation strategy.

                3.3.1 Near-Term Implementation
This section would generally describe the approach to conservation over the course of the near-term
phase.

                3.3.2 Long-Term Implementation
This section would generally describe the approach to conservation over the course of the long-term
phase, including conservation actions that may be appropriate for early implementation.

                3.3.3 Conservation Measures
This section would describe the categories of conservation measures that would be implemented in the
near-term and the long-term implementation phases.

        3.4     Conservation Concepts
This section will describe key conservation concepts addressed in the conservation strategy. This section
will describe the ecological foundation and concepts used in the development of the specific conservation
measures presented in sections 3.5, 3.6, and 3.7.

                3.4.1 Habitat Protection
This section will describe the approach to and criteria for protecting existing important habitats.

                3.4.2 Physical Habitat Enhancement Concepts
This section will identify key design concepts for enhancing the functions of existing aquatic, wetland,
and riparian habitats to benefit covered species and natural communities, and set out the criteria for
identifying habitat areas suitable for enhancement.

                3.4.3 Flow-Related Habitat Enhancement Concepts
This section will describe approaches to water operations designed to benefit covered fish species.

                3.4.4 Habitat Restoration Concepts
This section will describe key design concepts for restoring habitat for covered species (e.g., levee
setbacks).

                3.4.5 Toxics Control Concepts
This section will describe approaches to conserving covered species through the control of toxics.

                3.4.6 Non-native Species Control Concepts
This section will describe approaches to conserving covered species through the control of non-native
species of plants and animals.




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                3.4.7 Other Conservation Concepts
This section will describe approaches to conserving covered species through other means (e.g.,
contributing to other programs to implement measures outside of the planning area that are beneficial to
covered species, avoidance and minimization of impacts).


        3.5     Ecosystem Level Conservation Measures
This section will describe ecosystem level conservation measures designed to improve overall ecosystem
conditions and physical and biological processes in the Delta (e.g., proportional range of habitats to be
restored in various regions of the Delta to optimize ecosystem benefits; operations designed to improve
residence time, provide migration cues, and support larval/juvenile transport; measures designed to reduce
effects of contaminants; control of non-native species). This section will, if needed, distinguish between
near-term and long-term implementation measures.

        3.6     Natural Community Conservation Measures
This section will describe measures that would be undertaken to protect, enhance, and restore natural
communities and their ecosystem functions. This section will, if needed, distinguish between near-term
and long-term implementation measures.


        3.7     Species-Specific Conservation Measures
This section will describe conservation measures that will be implemented specifically to benefit covered
species. Ecosystem-level and natural community-level conservation measures described in the sections
above are anticipated to address much of the species conservation needs, therefore, this section will
provide only the additional species-specific measures needed. This section will also describe expected
outcomes for each covered species after full implementation of the conservation measures.

        3.8     Implementation Schedule
This section will generally describe the timeframe for implementing the conservation measures.

        3.9     Monitoring
This section will describe the BDCP commitments for implementing a monitoring program to provide the
information necessary to adaptively manage BDCP implementation.

         3.10 Adaptive Management
This section will describe the components of the BDCP adaptive management program, including its
purpose and scope.

        3.11 Summary of the Approach to Minimization and Mitigation
             of Effects
This section will discuss the approach under the BDCP to ensure that the effects of covered activities are
minimized and mitigated to the maximum extent practicable, consistent with the requirements of section
10 of the ESA and Natural Community Conservation Planning Act.




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Chapter 4.               Description of Covered Activities
        4.1     Introduction
This section will provide context for the description of covered activities in subsequent sections.

         4.2 Water Deliveries
                4.2.1 State Water Project Contractors
This section will describe the water deliveries requested by the SWP contractors.

                4.2.2 Central Valley Project Contractors
This section will describe the water deliveries requested by the CVP contractors.

        4.3 Existing Water Supply Facilities Operations and
        Maintenance
                4.3.1 State Water Project Contractors
This section will describe operations and maintenance (O&M) in the near-term of existing SWP facilities.

                4.3.2 Central Valley Project Contractors
This section will describe O&M in the near-term of existing CVP facilities.

        4.4 New Water Supply Facilities and Operations and
        Maintenance
                4.4.1 Isolated Conveyance Facility
This section will describe the isolated facility, associated conveyance and other appurtenant facilities,
water operations, O&M activities, and implementation schedule.

                4.4.2 In-Delta Conveyance Improvements
This section will describe improvements to the through-Delta conveyance facilities, water operations,
O&M activities, and implementation schedule.


        4.5     Mirant Energy Water Use
This section will describe the water use by Mirant for its two power plants.


        4.6     Conservation Strategy Implementation
This section will describe the components of the conservation strategy that could have adverse
affects on covered species (e.g., physical habitat restoration).

Chapter 5.               Assessment of Impacts and Level of Take
        5.1     Introduction and Approach
This section will describe the purpose and contents of this Chapter.


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        5.2     Regulatory Context and Environmental Baseline
This section will describe the environmental baseline that will provide the basis from which to identify
impacts on covered natural communities and covered species.

        5.3     Impact Assessment Methods
Each subsection of this section will describe the methods used to conduct the impact assessment,
including impact mechanisms, assessment tools, and key assumptions used in the assessment. This
section will address groupings of covered activities that require differing assessment methods.

                5.3.1 Infrastructure Construction

                5.3.2 Infrastructure Operations and Maintenance

                5.3.3 Water Operations and Conveyance

                5.3.4 Conservation Strategy Implementation

        5.4     Impacts on Covered Natural Communities
This section will describe impacts, both beneficial and adverse, of the covered activities on each of the
covered natural communities, including the extent of each community that would removed and impacts
on ecosystem functions. The assessment may include a separate analysis for near-term and long-term
implementation activities. The following subsections would be repeated for each covered natural
community.

                5.4.1 Tidal Perennial Aquatic

                        5.4.1.1 Infrastructure Construction
                        5.4.1.2 Infrastructure Operations and Maintenance
                        5.4.1.3 Water Operations and Conveyance
                        5.4.1.4 Conservation Strategy Implementation

        5.5     Impacts on Covered Species
This section will describe impacts, both beneficial and adverse, of the covered activities on each of the
covered species and will describe the estimated level of take. The assessment may include a separate
analysis for near-term implementation activities and long-term implementation activities. The following
subsections would be repeated, as applicable, for each of the covered species. For applicable covered fish
species, the assessment would also assess impacts on essential fish habitat.

                5.5.1 Delta Smelt

                        5.4.1.1 Infrastructure Construction
                        5.4.1.2 Infrastructure Operations and Maintenance
                        5.4.1.3 Water Operations and Conveyance
                        5.4.1.4 Conservation Strategy Implementation
                        5.4.1.5 Designated Critical Habitat

This section will assess potential impacts on designated critical habitat in the planning area for each
applicable species. Designated critical habitat regulations apply only to the section 7 analyses that


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will be conducted by USFWS and NMFS on the BDCP HCP/NCCP. The HCP/NCCP could
include this analysis to support the USFWS and NMFS section 7 process.

        5.6      Cumulative Effects
This section will describe how cumulative impacts of covered activities and the BDCP HCP/NCCP
conservation measures on covered species will be addressed. Cumulative effects are defined under ESA
regulations as those effects of future state or private activities, not involving Federal activities, that are
reasonably certain to occur within the action area of the Federal action subject to consultation (50 C.F.R.
§402.02). This definition differs from the broader definition used under NEPA and other environmental
laws. Cumulative impact regulations apply only to the section 7 analyses that will be conducted by
USFWS and NMFS on the BDCP HCP/NCCP. The HCP/NCCP could include this analysis to support
the USFWS and NMFS section 7 process. In this section, foreseeable non-Federal projects expected to
occur in the planning area would be identified and their probable impacts on covered species assessed.
Examples of non-Federal activities that could be included in the assessment of cumulative impacts
include levee maintenance, new developments, farming practices, recreational uses, highway
maintenance, and other non-federal activities that are not covered under the BDCP Regional HCP/NCCP.

        5.7      Indirect Effects Outside of the Planning Area
ESA regulations define "indirect effects" as effects that are caused by a proposed action and are later in
time, but still are reasonably certain to occur. The HCP/NCCP could include this analysis to support the
USFWS and NMFS section 7 process. This section will address indirect effects, if any, on listed species
outside of the planning area that are the reasonably certain to be caused by the covered activities and
conservation measures.


Chapter 6.               Plan Implementation
        6.1      Implementation Schedule
This section will present the schedule for implementing all elements of the BDCP.

        6.2      Compliance Monitoring and Reporting
This section will describe monitoring that will be undertaken in compliance with permit
conditions (e.g., construction monitoring to ensure implementation), reporting procedures, and
monitoring report contents.

        6.3 Regulatory Assurances and Changed Circumstances
        and Unforeseen Circumstances
This section will describe the regulatory assurances requested by the Permit Applicants from the USFWS,
NMFS, and DFG. This section would also describe changed circumstances and the remedial measures
that would be implemented to address them should they occur.
Changed circumstances are defined as "changes in circumstances affecting a species or geographic area
covered by a conservation plan that can reasonably be anticipated by plan developers and the USFWS and
that can be planned for..." (50 C.F.R. §17.3).

This section will describe the approach for addressing unforeseen circumstances. Unforeseen
circumstances are defined as "circumstances affecting a species or geographic area covered by a
conservation plan that could not reasonably be anticipated by plan developers and the Services at the time
of the conservation plan's negotiation and development, and that result in a substantial and adverse
change in the status of the covered species." (50 C.F.R. §17.3)

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     6.4 Permit Duration, Amendment, Renewal, and
Enforcement
This section will identify and describe the rationale for the requested duration of ESA and CESA permits
and summarize processes described in the draft Implementing Agreement for amending the plan and for
renewing and enforcing permits.

Chapter 7.               Implementation Structure
This chapter will describe the BDCP implementing entity, structure, and decision making process.

Chapter 8.               Implementation Costs and Funding Sources
        8.1     Cost to Implement the BDCP
This section will describe cost estimates for each of the BDCP implementation cost categories (e.g.,
program administration, land acquisition, habitat restoration, remedial measures). The temporal
distribution of costs over the term of the BDCP will be estimated.

        8.2     Funding Sources and Assurances
This section will identify BDCP funding sources and the assurances that sufficient funding will be
available for BDCP implementation.


Chapter 9.               Alternatives Considered and Rejected
This Chapter will describe the alternatives that were considered and the reasons why they were not
included in the proposed plan.

Chapter 10.              Independent Science Advisory Process
This Chapter will describe BDCP coordination with the BDCP Independent Science Advisors and other
science bodies (e.g., CALFED Independent Science Board) that provided input during BDCP
development. The purpose of this section is to demonstrate compliance with NCCPA and guidance
provided in the USFWS five-point policy.

Chapter 11.              List of Preparers
This section will identify the preparers of the document. It would include a list of the Steering Committee
members, the BDCP consultant team, and others that contributed to development of the BDCP.

        11.1 Steering Committee
This section would list the name, title, and organization of individuals affiliated with the organizations
represented on the Steering Committee or participating entities.

        11.2. Technical Consultants
This section would list the name, title, and organization of individuals affiliated with the Technical
Consultant Team.




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        11.3. Other Contributors
This section would list the name, title, and organization of individuals affiliated with other contributors to
the BDCP development.

Chapter 12.              References
        12.1 Printed References

        12.2 Personal Communications

Appendices
The following are potential appendices to the BDCP HCP/NCCP document.

   ·   Covered Species Accounts
   ·   SWP and CVP Contracts Covered by the Plan
   ·   Hydrologic/Hydrodynamic Analyses
   ·   List of Species Mentioned in the BDCP HCP/NCCP
   ·   Methods for Delineating Natural Communities and Constituent Habitat Types
   ·   Covered Natural Communities x Species Matrix
   ·   Acronyms and Abbreviations used in the BDCP HCP/NCCP
   ·   Glossary of Terms used in the BDCP HCP/NCCP




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