[Federal Register: April 23, 2010 (Volume 75, Number 78)]
[Notices]
[Page 21344-21345]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23ap10-96]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R1-ES-2010-N040]
[10120-1112-0000-F2]
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XU69
Habitat Conservation Plan for City of Kent, Washington
AGENCY: Fish and Wildlife Service, Interior; National Marine Fisheries
Service (NMFS), National Oceanic and Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of Receipt of an Application for Incidental Take
Permits; Notice of Availability of a Draft Environmental Impact
Statement and Draft Habitat Conservation Plan, Including a Proposed
Implementation Agreement for Public Comment.
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SUMMARY: The City of Kent, Washington (Kent), has submitted
applications to the National Marine Fisheries Service (NMFS) and U.S.
Fish and Wildlife Service (FWS) (together, the Services, us) for
Incidental Take Permits (Permit) under the Endangered Species Act of
1973, as amended (ESA). We jointly prepared a Draft Environmental
Impact Statement (DEIS) to support permit-issuance decisions by each
agency. As required by the ESA, Kent has also prepared a Habitat
Conservation Plan (Plan) designed to minimize and mitigate any such
take of endangered or threatened species. The Permit applications are
related to water withdrawal and habitat enhancement measures on Rock
Creek, tributary to the Cedar River, King County, Washington. The
Permit and the Plan each have a proposed term of 50 years.
We request comments from the public on the DEIS, the proposed Plan,
and the proposed Implementation Agreement (IA). All comments we receive
will become part of the public record and will be available for review
under the ESA.
DATES: We must receive any written comments on the DEIS, draft Plan,
and draft IA no later than June 22, 2010.
ADDRESSES: Address all written comments to: Tim Romanski, U.S. Fish
and Wildlife Service, 510 Desmond Drive SE, Suite 102, Lacey, WA 98503,
facsimile (360) 753-9518; or John Stadler, National Marine Fisheries
Service, 510 Desmond Drive SE, Suite 103, Lacey, WA 98503, facsimile
(360)
[[Page 21345]]
753-9517. Alternatively, you may submit your comment by e-mail, to
KentHCP.nwr@noaa.gov. In the subject line of the e-mail include the
identifier ``City of Kent, Clark Springs Water Supply HCP EIS.''
Comments and materials we receive will be available for public
inspection, by appointment, during normal business hours at the above
addresses. To review the DEIS, the proposed Plan, and the proposed IA,
see ``Document Availability'' under SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT: Tim Romanski, U.S. Fish and Wildlife
Service, 510 Desmond Drive SE, Suite 102, Lacey, WA 98503, facsimile
(360) 753-9518; or John Stadler, National Marine Fisheries Service, 510
Desmond Drive SE, Suite 103, Lacey, WA 98503, facsimile (360) 753-9517.
SUPPLEMENTARY INFORMATION:
Statutory Authority
Section 9 of the ESA and its implementing Federal regulations
prohibit the ``taking'' of a species listed as endangered or
threatened. The term take is defined under the ESA to mean harass,
harm, pursue, hunt, shoot, wound, kill trap, capture, or collect, or to
attempt to engage in any such conduct. Harm is defined to include
significant habitat modification or degradation where it actually kills
or injures wildlife by significantly impairing essential behavioral
patterns, including breeding, feeding, and sheltering. Harass is
defined as an intentional or negligent act or omission which creates
the likelihood of injury to wildlife by annoying it to such an extent
as to significantly disrupt normal behavioral patterns including
breeding, feeding, and sheltering.
We may issue permits, under limited circumstances, to allow the
take of listed species incidental to, and not the purpose of, otherwise
lawful activities. U.S. Fish and Wildlife Service regulations governing
permits for endangered species are in 50 CFR 17.22 and regulations
governing permits for threatened species are in 50 CFR 17.32. National
Marine Fisheries Service regulations governing permits for threatened
and endangered species are at 50 CFR 222.307.
Background
The Permit applications are related to the operation and
maintenance of Kent's Clark Springs Water Supply System adjacent to
Rock Creek, King County, Washington. The Clark Springs Water Supply
System consists of a spring-fed infiltration gallery and three well
pumps. This facility is located adjacent to Rock Creek 1.8 miles
upstream of the creek's confluence with the Cedar River. The facility
is surrounded by 320 acres of Kent-owned land that is geographically
separated from the City of Kent. Covered activities can be summarized
as follows:
Diversions of ground and surface water under Kent's
existing water rights via infiltration gallery, well pumps, and
infrastructure;
Operation and maintenance of Clark Springs Water Supply
facilities;
Maintenance of 320 acres of Kent-owned property as it
relates to the protection of its water supply; and
Operation and maintenance of a water augmentation system
for the enhancement of instream flows.
The Permit applications Kent submitted to the Services address the
potential take of three ESA-listed threatened species and six unlisted
species that may be affected by Kent's water withdrawal activities at
the Clark Springs facility in the Rock Creek Watershed. The listed
species under FWS jurisdiction is the bull trout (Salvelinus
confluentus), listed as threatened. Unlisted species under FWS
jurisdiction include coastal cutthroat trout (Oncorhynchus clarki
clarki), Pacific lamprey (Lampetra tridentatus), and river lamprey (L.
ayresi). Listed species under NMFS jurisdiction are the Puget Sound
Chinook salmon (O. tshawytscha) and Puget Sound steelhead trout (O.
mykiss), both listed as threatened. Unlisted species under NMFS
jurisdiction include coho salmon (O. kisutch), chum salmon (O. keta),
and sockeye salmon (O. nerka).
We formally initiated an environmental review of the project
through publication of a Notice of Intent to prepare an Environmental
Impact Statement in the Federal Register on June 19, 2006 (71 FR
35286). That notice also announced a public scoping period during which
interested parties were invited to provide written comments expressing
their issues or concerns relating to the proposal, and to attend a
public scoping meeting held in Kent, Washington.
Based on public scoping comments, we prepared a DEIS to analyze the
effects of alternatives on the human environment. Alternative 2 in the
DEIS is described as implementation of Kent's Plan, FWS issuance of a
Permit for bull trout and other unlisted species, and NMFS issuance of
a Permit for Chinook salmon, steelhead trout, and other unlisted
species should they become listed in the future. The other alternative
analyzed in the DEIS was Alternative 1, No-Action, under which Kent
would continue operating the Clark Springs facility without benefit of
incidental take coverage from the Services.
We provide this notice under ESA and NEPA regulations. We will
evaluate the application, associated documents, and comments submitted
thereon to determine whether the application meets the requirements of
the ESA and NEPA. We will then prepare the Final Environmental Impact
Statement (FEIS). Our decisions of whether to issue incidental take
permits on the application will be made upon completion of the FEIS and
the ESA determination.
Document Availability
The documents are available electronically on the World Wide Web at
http://www.nwr.noaa.gov/Salmon-Habitat/Habitat-Conservation-Plans/HCPs-
in-Process.cfm.
Documents are also available at the following public locations:
Covington Library, 27100 164th Ave. SE, Covington, WA
98042;
Maple Valley Library, 21844 SE 248th Street, Maple Valley,
WA 98038-8582; and
Kent Library, 212 2nd Avenue North Kent, WA 98032.
City of Kent Engineering Counter, Centennial Center,
Engineering 2nd Floor, 400 West Gowe Street, Kent, WA 98032.
Dated: April 19, 2010.
Angela Somma,
Chief, Endangered Species Division, Office of Protected Resources,
National Marine Fisheries Service.
Dated: April 19, 2010.
Carolyn A. Bohan,
Acting Deputy Regional Director, U.S. Fish and Wildlife Service, Region
1, Portland, Oregon.
[FR Doc. 2010-9507 Filed 4-22-10; 8:45 am]
BILLING CODES 4310-55-S; 3510-22-S