[Federal Register Volume 78, Number 218 (Tuesday, November 12, 2013)]
[Notices]
[Pages 67336-67338]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-27002]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
RIN 0648-XC961
[FWS-R8-ES-2013-N182]
Habitat Conservation Plan for the United Water Conservation
District, Santa Clara River Watershed, Ventura County, California
AGENCY: National Marine Fisheries Service, National Oceanic and
Atmospheric Administration (NOAA), Commerce; Fish and Wildlife Service,
Interior.
ACTION: Notice of intent to prepare an environmental impact statement
(EIS) and notice of public scoping meetings.
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SUMMARY: We, the National Marine Fisheries Service and Fish and
Wildlife Service (Services), in cooperation with the Army Corps of
Engineers, intend to prepare an EIS under the National Environmental
Policy Act (NEPA) regarding expected applications from the United Water
Conservation District (United) for incidental take permits under the
Federal Endangered Species Act of 1973, as amended (ESA). The EIS will
analyze the environmental effects of the Services' proposed issuance of
incidental take permits for United's construction, operations, and
maintenance of water management facilities within the lower Santa Clara
River watershed, Ventura County, California. The Services also provide
this notice to announce a public scoping period, during which we invite
other agencies, Tribes, and the public to submit written comments
providing suggestions and information on issues and alternatives to
include in the EIS.
DATES: To ensure consideration of any written comments, please submit
them by January 13, 2014. Public meetings will be held on December 12,
2013, from 1 p.m. to 3 p.m. and 6 p.m. to 8 p.m.
ADDRESSES: The public meetings will be held at Courtyard by Marriott,
600 East Esplanade Drive, Oxnard, CA 93036. To request further
information or submit information related to preparation of the EIS,
please use one of the following methods:
1. U.S. Mail: You may mail written information and comments to:
Darren Brumback, National Marine Fisheries Service, Southwest Regional
Office, 501 West Ocean Blvd., Suite 4200, Long Beach, CA 90802; or
David Simmons, Ventura Fish and Wildlife Office, 2493 Portola Rd, Suite
B, Ventura, CA 93003.
2. In-Person Drop-off: You may hand-deliver written information and
comments to either U.S. mail address above.
3. Email: You may submit information and comments by electronic
mail to: unitedwaterhcp@noaa.gov. If submitting an electronic mail
attachment, please use one of these document formats: Adobe portable
document format (.pdf), Microsoft Word (.doc, .docx), rich text file
(.rtf), ASCII or Unicode plaintext (.txt), Microsoft Excel (.xls,
.xlsx), Word Perfect (.wpd), or Microsoft Works (.wps).
FOR FURTHER INFORMATION CONTACT: Darren Brumback, by mail at the
address above or by telephone at 562-980-4060; or David Simmons, by
mail at the address above or by telephone at 805-644-1766. If you use a
telecommunications device for the deaf, please call the Federal
Information Relay Service at 800-877-8339 or visit Federal Relay at
http://www.federalrelay.us/. Information regarding this proposed action
is available in alternative formats upon request.
SUPPLEMENTARY INFORMATION: The Services publish this notice under the
National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321
et seq.), and its implementing regulations in the Code of Federal
Regulations at 40 CFR 1506.6, and pursuant to section 10(c) of the ESA.
We intend to prepare a draft EIS to evaluate the impacts of several
alternatives related to the potential issuance of incidental take
permits to United, as well as impacts of the implementation of the
supporting proposed Multiple Species Habitat Conservation Plan (HCP).
The permits would authorize the incidental take of threatened and
endangered species that could occur as a result of United's current and
future water management activities. United intends to request a 50-year
permit covering five species federally listed as threatened or
endangered and six species that are not federally listed but may become
listed during the term of the permit.
For preparation of the EIS under NEPA, the Services will serve as
co-lead Federal agencies, and the Corps will serve as a cooperating
agency. The primary purpose of the scoping process is for the public
and other agencies to assist in developing the EIS by identifying
important issues and alternatives related to the HCP and the Services'
proposed action (issuance of incidental take permits). As a cooperating
agency, the Corps will assist
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the Services in developing the EIS and determine whether to adopt the
EIS to support issuance of permits for proposed activities that are
specifically regulated under section 404 of the Clean Water Act.
Additionally, United will post a separate notice of preparation for
an environmental impact report (EIR) in compliance with the California
Environmental Quality Act (CEQA) and in support of United's application
for State incidental take permits under Section 2081 of the California
Endangered Species Act. The public scoping meeting identified in this
notice will be concurrent with United's public scoping meeting
regarding development of an EIR under CEQA.
Background
Section 9 of the ESA (16 U.S.C. 1531 et seq.) and its implementing
regulations prohibit the ``take'' of animal species listed as
endangered or threatened. The ESA defines the term ``take'' as: To
harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or
collect listed animal species, or attempt to engage in such conduct (16
U.S.C. 1532(19)). ``Harm'' includes significant habitat modification or
degradation that actually kills or injures listed wildlife, including
listed fish, by significantly impairing essential behavioral patterns,
including breeding, feeding, and sheltering (50 CFR 17.3(c)). NMFS'
definition of ``harm'' includes significant habitat modification or
degradation where it actually kills or injures fish or wildlife by
significantly impairing essential behavioral patterns, including
breeding, feeding, spawning, migrating, rearing, and sheltering (64 FR
60727, November 8, 1999).
Under section 10(a) of the ESA, the Services may issue permits to
authorize ``incidental take'' of listed animal species. ``Incidental
take'' is defined by the ESA as take that is incidental to, and not the
purpose of, carrying out an otherwise lawful activity. The Services'
regulations governing permits for threatened and endangered species,
respectively, are at 50 CFR 13 and 50 CFR 17. NMFS' regulations
governing permits for threatened and endangered species are at 50 CFR
222.22.
Section 10(a)(1)(B) of the ESA contains provisions for issuing
incidental take permits to non-Federal entities for the take of
endangered and threatened species, provided the following criteria are
met:
The taking will be incidental;
The applicants will, to the maximum extent practicable,
minimize and mitigate the impact of such taking;
The applicants will develop a proposed HCP and ensure that
adequate funding for the plan will be provided;
The taking will not appreciably reduce the likelihood of
the survival and recovery of the species in the wild; and
The applicants will carry out any other measures that the
Services may require as being necessary or appropriate for the purposes
of the HCP.
Additionally, applicants must satisfy the issuance criteria
established by the Services (50 CFR 17.22(b)(2) and 50 CFR 222.307).
Issued permits include assurances for the applicant under the Services'
``No Surprises'' regulations (50 CFR 17.22(b)(5) and 17.32(b)(5)).
Proposed Plan
In accordance with section 10(a)(2)(A) of the ESA, United is
preparing an HCP to support an application for a permit from each of
the Services to incidentally take listed animal species. The following
summarizes information provided by United regarding its HCP.
United is currently proposing to cover 11 species (Covered Species)
under the HCP, including 5 federally listed species and 6 unlisted
species that may become listed during the term of the permits. The five
federally listed species are the southern California steelhead
(Oncorhynchus mykiss), tidewater goby (Eucyclogobius newberryi), least
Bell's vireo (Vireo bellii pusillus), southwestern willow flycatcher
(Empidonax trallii extimus), and California least tern (Sterna
antillarum browni). The six unlisted species proposed for coverage are
the Pacific lamprey (Entosphenus (=Lampetra) tridentata), western
yellow-billed cuckoo (Coccyzus americanus), yellow-breasted chat
(Icteria virens), yellow warbler (Dendroica petechia), two-striped
garter snake (Thamnophis hammondii), and western pond turtle (Actinemys
(=Clemmys) marmorata). Species may be added or deleted during the
course of proposed HCP development based on further analysis, new
information, agency consultation, and public comment.
The geographic area proposed to be covered by the HCP includes
portions of the lower Santa Clara River watershed downstream of the
city of Santa Paula, California. The HCP would cover construction,
operations, and maintenance of United's facilities at and near the Vern
Freeman Diversion Dam (Freeman Diversion) near Saticoy, California.
``Covered Activities'' include, but are not limited to: Construction of
a new fish-passage facility; operation and maintenance of the Freeman
Diversion; diversion of water from the Santa Clara River; vegetation
management; and operation and maintenance of fish-passage facilities,
settling ponds/spreading grounds, and water conveyance structures
(i.e., pipes, canals, etc.). United expects that Covered Activities
could have direct and/or indirect effects on the Covered Species from
the vicinity of the Freeman Diversion to the Santa Clara River estuary,
a distance of approximately 10 river miles.
The Services expect the proposed HCP to minimize and mitigate to
the maximum extent practicable any effects on Covered Species resulting
from Covered Activities, through implementation of a conservation
program that includes conservation actions and monitoring, which will
be fully described in the proposed HCP. This conservation program will
focus on providing for the long-term management of biological
communities that support Covered Species in the plan area.
Environmental Impact Statement
NEPA (42 U.S.C. 4321 et seq.) requires that Federal agencies
conduct an environmental analysis of their proposed actions to
determine if the actions may significantly affect the human
environment. Based on 40 CFR 1508.27 and 40 CFR 1508.2, the Services
have determined that the proposed HCP may have significant effects on
the human environment. Therefore, before deciding whether to issue
Federal incidental take permits to United, the Services will prepare an
EIS to analyze the environmental impacts associated with issuance of
the incidental take permits.
The EIS will include a reasonable range of alternatives to the
proposed project, and the alternatives will be considered in the
Services' environmental review. The EIS will consider the impacts of
the proposed action, the issuance of section 10(a)(1)(B) permits under
the ESA, and of several alternatives, including but not limited to,
variations in the levels, location, and types of conservation; the
scope of Covered Activities; the list of Covered Species; or a
combination of these factors. Additionally, a No Action alternative
will be included. Under the No Action alternative, the Services would
not issue section 10(a)(1)(B) permits. Further, the EIS will identify
and describe direct, indirect, and cumulative impacts on biological
resources, land use, air quality, water quality, water resources,
socio-economics, climate, and other environmental resources that could
occur with the implementation of the proposed action and alternatives.
The Services will also identify measures,
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consistent with NEPA and other relevant considerations of national
policy, to avoid or minimize any significant effects of the proposed
action on the quality of the human environment. Following completion of
the environmental review, the Services will publish a notice of
availability and a request for comment on a draft EIS and the
applicant's permit application, which will include a draft of the
proposed HCP.
Public Comments
We request data, comments, new information, or suggestions from the
public, other governmental agencies, the scientific community, Tribes,
industry, or any other interested party on this notice. We will
consider these comments in developing a draft EIS. We seek specific
comments on:
1. Biological information and relevant data concerning the Covered
Species;
2. Additional information concerning the range, distribution,
population size, and population trends of the Covered Species;
3. Direct, indirect, and cumulative impacts that implementation of
the proposed Covered Activities could have on endangered, threatened,
and other Covered Species, and their communities and habitats;
4. Other possible alternatives that the Services should consider;
5. Other current or planned activities in the subject area and
their possible impacts on the Covered Species;
6. The presence of archeological sites, buildings and structures,
historic events, sacred and traditional areas, and other historic
preservation concerns, which are required to be considered in project
planning by the National Historic Preservation Act; and
7. Identification of any other environmental issues that should be
considered with regard to the proposed HCP and permit action.
You may submit your comments and materials by one of the methods
listed in the ADDRESSES section. Written comments also will be accepted
at the scoping meeting.
Scoping Meeting
See DATES for the date and time of the public meeting. The scoping
meeting is intended to provide the public with a general understanding
of the background of the proposed HCP and activities it would cover,
alternative proposals under consideration for the draft EIS, and the
Services' role and steps to be taken to develop the draft EIS.
The primary purpose of the meeting and public comment period is to
solicit suggestions and information on the scope of issues and
alternatives for the Services to consider when drafting the EIS.
Written comments will be accepted at the meetings. Comments can also be
submitted by the methods listed in the ADDRESSES section. Once the
draft EIS and proposed HCP are complete and made available for review,
there will be an opportunity for public comment on the content of those
documents through an additional public comment period.
Meeting Location Accommodations
Persons needing reasonable accommodations to attend and participate
in the public meeting should contact Darren Brumback at 562-980-4060 or
David Simmons at 805-644-1766. To allow sufficient time to process
requests, please call no later than 1 week before the public meeting.
If you use a telecommunications device for the deaf, please call the
Federal Information Relay Service at 800-877-8339 or visit Federal
Relay at http://www.federalrelay.us/. Information regarding this
proposed action may be available in alternative formats upon request.
Authority
We provide this notice under section 10 of the ESA (16 U.S.C. 1531
et seq.) and per NEPA Regulations (40 CFR 1501.7, 40 CFR 1506.6, and
1508.22).
Dated: November 5, 2013.
Angela Somma,
Chief, Endangered Species Division, Office of Protected Resources,
National Marine Fisheries Service.
Dated: November 5, 2013.
Alexandra Pitts,
Deputy Regional Director, Pacific Southwest Region, U. S. Fish and
Wildlife Service, Sacramento, California.
[FR Doc. 2013-27002 Filed 11-8-13; 8:45 am]
BILLING CODE 3510-22-P; 4310-55-P