2012/01/25 Council Agenda Packet

1 "that the alteration avoids habitat functional changes, or that the proponent has mitigated" for such 2 changes. FEMA must ensure that mitigation occurs for indirect effects that could occur later in 3 time. Id. Additional RPA components include: prioritizing mapping activities based on the 4 presence of salmon; ensuring more accurate mapping through on-the-ground data,and greater 5 consideration of"future conditions,"e.g., future development, climate change, and other conditions 6 that affect future flood risk.4 7 RPA#3 (Minimum Criteria): RPA#3 calls for multiple changes to FEMA's minimum 8 development criteria. Id. at 219. Under this RPA element,NMFS describes a two tier structure 9 under which a core"protected area"alongside rivers is protected from any adverse effects,and 10 development in the remainder of the floodplain must comply with a number of detailed standards 11 intended to minimize habitat degradation. Id. at 153-58 &222-26. FEMA was directed to ensure 12 that all participating NFIP communities implement these standards on a phased three-year schedule 13 with Tier 1 jurisdictions complying first. Most of the RPA#3 criteria were drawn from FEMA's 14 own voluntary guidance"designed to safeguard aquatic habitat conditions for fish." Id. at 168. 15 Prior to full implementation of these changes,NMFS directed FEMA to keep track of new 16 floodplain development permits so that their effects could be mitigated. Id. at 155. 17 RPA#4(Community Rating System): This RPA directs FEMA in considerable detail to 18 change the CRS to increase points for salmon-friendly measures and decrease points for measures 19 that reduce flood risk but harm habitat(i.e., structural features like levees). Id. at 158-59. 20 RPA#5 (Levee vegetation and construction): To avoid habitat-related harm associated with 21 levees,RPA#5 calls for four specific changes within one year. Id. at 160-62. A)FEMA is 22 prohibited from recognizing levees that are certified by the Corps unless FEMA demonstrates that it 23 will not adversely affect species; B)FEMA is required to revise its procedures so that levee owners 24 that opt out of the Corps' funding program and maintain vegetation remain eligible for emergency 25 4 The FEMA BiOp documents how climate change"has the potential to profoundly alter aquatic habitat" 26 and"make recovery targets... more difficult to achieve." BiOp at 143. 27 Earthjustice PLAINTIFF'S MOTION FOR PRELIMINARY 705 Second Ave.,Suite 203 Seattle, 98104 28 INJUNCTION (Case No. 2:11-cv-02044-RSM) -7- (206)343-3-734040