[Federal Register: December 27, 1999 (Volume 64, Number 247)] [Notices] [Page 72318-72319] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr27de99-52] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [I.D. 121799C] Notice of Intent to Prepare an Environmental Impact Statement Regarding Proposed Issuance of an Incidental Take Permit to J. L. Storedahl & Sons, Inc. for Gravel Extraction and Processing and Habitat Enhancement Activities in Clark County, Washington. AGENCIES: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce; Fish and Wildlife Service (FWS), Interior. ACTION: Notice of Intent to prepare an Environmental Impact Statement. ----------------------------------------------------------------------- SUMMARY: Pursuant to the National Environmental Policy Act of 1969, as amended (NEPA), NMFS and FWS (collectively, the Services) intend to prepare an Environmental Impact Statement (EIS) regarding the proposed issuance of an incidental take permit (Permit) by the Services to J. L. Storedahl & Sons, Inc. (Storedahl) for their gravel extraction and processing and habitat enhancement activities on a portion of Storedahl's fee-owned lands in Clark County, Washington. The proposed Permit would authorize take of federally listed threatened and endangered species in accordance with the Endangered Species Act of 1973, as amended (ESA), and other species should they become listed in the future. Storedahl intends to request a Permit that includes the following species: Listed as threatened: Lower Columbia River Evolutionarily Significant Unit (ESU) of steelhead (Oncorhynchus mykiss), Lower Columbia River (LCR) ESU of chinook salmon (Oncorhynchus tshawytscha), Columbia River ESU of chum salmon (Oncorhynchus keta), bull trout (Salvelinus confluentus). Proposed as threatened: Southwestern Washington/Columbia River DPS of coastal cutthroat trout (Oncorhynchus clarki clarki). Candidate species: LCR ESU of coho salmon (Oncorhynchus kisutch), Oregon spotted frog (Rana pretiosa). Species of concern: Pacific lamprey (Lampetra tridentata), river lamprey (Lampetra ayresi). As required by the ESA, Storedahl is preparing a Habitat Conservation Plan (Plan). The Services are furnishing this notice to advise other agencies and the public of our intentions and to announce the initiation of a 30-day scoping period during which other agencies and the public are invited to provide written comments on the scope of issues and potential alternatives to be included in the EIS. DATES: Written comments on this proposed action and the environmental review must be received at the appropriate address (See ADDRESSES) from interested parties no later than 5:00pm Pacific standard time on January 26, 2000. ADDRESSES: Written comments should be sent to Tim Romanski, FWS, 510 Desmond Drive SE, Suite 102, Lacey, Washington 98503; or Sam Brenkman, NMFS, 510 Desmond Drive SE, Suite 103, Lacey, Washington 98503. Comments will not be accepted if submitted via e-mail or the internet. FOR FURTHER INFORMATION CONTACT: Tim Romanski, FWS, telephone (360) 753-5823, e-mail Tim_Romanski@mail.fws.gov; or Sam Brenkman, NMFS, telephone (360) 534-9338, e-mail Sam.Brenkman@noaa.gov. SUPPLEMENTARY INFORMATION: Section 9 of the ESA and Federal regulations prohibit ``take'' of species that are listed as endangered or threatened. The term ``take'' is defined under the ESA to mean to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, collect, or to attempt to engage in any such conduct. Harm is defined by FWS to include significant habitat modification or degradation where it actually kills or injures fish or wildlife by significantly impairing essential behavioral patterns, including breeding, feeding, sheltering, spawning, rearing and migrating. Harm is defined by NMFS as significant habitat modification or degradation where it actually kills or injures fish or wildlife by significantly impairing essential behavioral patterns, including breeding, spawning, rearing, feeding, and sheltering. The Services may issue permits, under limited circumstances, to take listed species incidental to, and not the purpose of, otherwise lawful activities. FWS regulations governing permits for endangered species are found in 50 CFR 17.22, and regulations governing permits for threatened species are found in 50 CFR 17.32. NMFS regulations governing permits for threatened and endangered species are found in 50 CFR 222.307. Background Storedahl owns and manages approximately 300 acres of land in rural Clark County, Washington adjacent to the lower reaches of the East Fork Lewis River. The property is located approximately 4 miles southeast of La Center, and approximately 1 mile downstream of Clark County's Daybreak Park at 27140 NE 61st Avenue, Battle Ground, Washington. Storedahl proposes to mine and process aggregate on this land in accordance with a variety of conservation measures as specified in the Plan. Some of Storedahl's management activities have the potential to impact species subject to protection under the ESA. Section 10(a)(2)(B) of the ESA contains provisions for the issuance of incidental take permits to non-Federal landowners for the take of endangered and threatened species, provided the take is incidental to otherwise lawful activities and will not appreciably reduce the likelihood of the survival and recovery of the species in the wild. An applicant for a Permit under section 10 of the ESA must prepare and submit to the Services for approval a Plan containing a strategy for minimizing and mitigating the impacts of take on listed species associated with the proposed activities to the maximum extent practicable. The applicant must also ensure that adequate funding for the Plan will be provided. Storedahl initiated discussions with the Services regarding the development of a Plan and attaining a Permit for their activities. Activities proposed for Permit coverage include extraction of sand and gravel; transportation of sand and gravel to a processing area; processing of sand and gravel; all discharges regulated under a National Pollutant Discharge Elimination System permit; construction and maintenance activities; site preparation; tree planting and fertilization; and stream and riparian restoration, rehabilitation and enhancement. The Plan and Permit would also cover certain monitoring activities and related adaptive [[Page 72319]] management measures set forth in the Plan. The Services will conduct an environmental review of the Plan and prepare an EIS. The environmental review will analyze the proposal as well as a full range of reasonable alternatives and the associated impacts of each. The Services are currently in the process of developing alternatives for analysis. Alternatives thus far include a No Action alternative and one Plan alternative. The scoping process will be used to identify additional alternatives. The Plan alternative proposes that the Services issue incidental take permits and that Storedahl implement the Plan on approximately 300 acres. This action would apply various conservation measures and actions that meet or exceed the environmental and conservation standards and guidelines of the Washington Surface Mining Act, other state laws and regulations and applicable county regulations. In effect, the Services would issue a Permit and Storedahl would manage their lands in accordance with the conservation standards, guidelines and regime set forth in the Plan, including conveyance of lands to non- profit organizations or granting of conservation easements, or both. Under the No Action alternative, a permit would not be issued by the Services and Storedahl would continue ongoing processing activities and undertake to resume mining at the site, implementing both so as to avoid take of federally listed species. However, such an alternative would likely not address long-term conservation measures, such as the granting of conservation easements or conveying real property to non- profit organizations. Comments and suggestions are invited from all interested parties to ensure that the full range of issues related to these proposed actions are addressed and that all significant issues are identified. Comments or questions concerning this proposed action and the environmental review should be directed to FWS or NMFS (see ADDRESSES). The environmental review of this project will be conducted in accordance with the requirements of NEPA (42 U.S.C. 4321 et seq.), Council on Environmental Quality regulations (40 CFR parts 1500-1508), other appropriate Federal laws and regulations, and policies and procedures of the Services for compliance with those regulations. It is estimated that the draft EIS will be available for public review during the first quarter of calendar year 2000. Dated: December 13, 1999. Anne Badgley, Regional Director, Region 1, U.S. Fish and Wildlife Service, Portland, Oregon. Dated: December 17, 1999. Wanda L. Cain, Chief, Endangered Species Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 99-33512 Filed 12-23-99; 8:45 am] BILLING CODE 3510-22-F, 4310-55-F