[Federal Register Volume 85, Number 41 (Monday, March 2, 2020)]
[Notices]
[Pages 12324-12326]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04236]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R2-ES-2020-N033; FXES11140200000-201-FF02ENEH00]
Application for an Incidental Take Permit; Low-Effect Habitat
Conservation Plan for the Four Corners Water Development Project,
Pueblo of Santa Clara, Rio Arriba County, New Mexico
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for comments.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), make
available an application for an incidental take permit (ITP) supported
by a low-effect habitat conservation plan (LEHCP) for the Four Corners
Water Development Project, Pueblo of Santa Clara, Rio Arriba County,
New Mexico. The Pueblo of Santa Clara has applied to the Service for an
ITP under the Endangered Species Act of 1973, as amended. The requested
ITP, which would be in effect for a period of 20 years, if granted,
would authorize incidental take of the federally endangered Rio Grande
silvery minnow. In accordance with National Environmental Policy Act
(NEPA) requirements, we have determined that the proposed action
qualifies for a categorical exclusion as low effect. We are accepting
comments on the permit application, proposed LEHCP, and draft NEPA
screening form.
DATES: Submission of comments: We will accept comments received or
postmarked on or before April 1, 2020.
ADDRESSES: Obtaining documents: You may obtain copies of the ITP
application, the LEHCP, or other related documents by going to the
Service's website at https://www.fws.gov/southwest/es/NewMexico/.
Alternatively, a limited number of CD-ROM and printed copies of the
LEHCP are available, by request, from the Project Leader, New Mexico
Ecological Services Field Office, 2105 Osuna Road NE, Albuquerque, NM
87113; telephone 505-346-2525; fax 505-346-2543. Please note that your
request is in reference to the Pueblo of Santa Clara LEHCP.
The ITP application is available by mail from the Regional
Director, U.S. Fish and Wildlife Service, P.O. Box 1306, Room 6034,
Albuquerque, NM 87103. Copies of the LEHCP are also available for
public inspection and review at the following locations, by appointment
and written request only, 8 a.m. to 4:30 p.m.:
U.S. Fish and Wildlife Service, 500 Gold Avenue SW, Room
6034, Albuquerque, NM 87102.
U.S. Fish and Wildlife Service, 2105 Osuna Rd NE,
Albuquerque, NM 87113.
Submitting Comments
You may submit written comments by one of the following methods:
By email: nmesfo@fws.gov. Please note that your request is
in reference to the Pueblo of Santa Clara HCP.
By hard copy: Project Leader, New Mexico Ecological
Services Field Office, 2105 Osuna Rd. NE, Albuquerque, NM 87113;
telephone 505-346-2525; fax 505-346-2542. Please note that your request
is in reference to the Pueblo of Santa Clara LEHCP.
We request that you submit comments by only the methods described
above. Generally, we will post any personal information you provide us
(see the Public Availability of Comments section for more information).
[[Page 12325]]
FOR FURTHER INFORMATION CONTACT: Seth Willey, Acting Project Leader,
U.S. Fish and Wildlife Service, 2105 Osuna Rd NE, Albuquerque, NM 87113
or (505) 761-4781.
SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service
(Service), make available an application for an incidental take permit
(ITP) supported by a low-effect habitat conservation plan (LEHCP) for
the Four Corners Water Development Project, Pueblo of Santa Clara, Rio
Arriba County, New Mexico. The Pueblo of Santa Clara has applied to the
Service for an ITP under the Endangered Species Act of 1973, as
amended. The requested ITP, which would be in effect for a period of 20
years, if granted, would authorize incidental take of the Rio Grande
silvery minnow (Hybognathus amarus; silvery minnow), which is listed as
an endangered species under the Endangered Species Act of 1973, as
amended (ESA; 16 U.S.C. 1531 et seq.). The potential incidental take
would be associated with the pumping of up to 1 million gallons per day
from four existing shallow alluvial wells within the proposed plan
area. This action, when considered alone, has minor effects on the
silvery minnow. However, removal of this groundwater may have small
impacts on the volume of the spring runoff that would reach downstream
in low flow years, which, when combined with the cumulative effects of
other existing and future water management actions, could affect the
threshold flows needed for successful silvery minnow spawning and
recruitment in the permit area. In accordance with National
Environmental Policy Act (NEPA; 42 U.S.C. 4321 et seq.) requirements,
we have determined that the proposed action qualifies for a categorical
exclusion as low effect. We are accepting comments on the permit
application, proposed LEHCP, and draft NEPA screening form supporting
using a categorical exclusion.
National Environmental Policy Act Requirements
In accordance with the requirements of NEPA, we advise the public
that:
1. We have determined that the proposed permit action qualifies for
categorical exclusion as low effect. We are accepting comments on the
permit application and draft NEPA screening form supporting use of a
categorical exclusion; and
2. The applicant has developed a LEHCP in support of an application
for an ITP, which describes the measures the applicant has volunteered
to take to minimize and mitigate the effects of incidental take of the
silvery minnow to the maximum extent practicable pursuant to section
10(a)(1)(B) of the ESA.
As described in the LEHCP, the potential incidental take of silvery
minnow could occur within the Rio Grande from Cochiti Dam downstream to
the headwaters of Elephant Butte Reservoir in New Mexico, and could
result from otherwise lawful activities.
Background
Section 9 of the ESA and our implementing regulations in the Code
of Federal Regulations (CFR) at 50 CFR part 17 prohibit the ``take'' of
fish or wildlife species listed as endangered or threatened. Take of
listed fish or wildlife is defined under the ESA as ``to harass, harm,
pursue, hunt, shoot, wound, kill, trap, capture, or collect, or attempt
to engage in any such conduct: (16 U.S.C. 1532(19)). However, under
limited circumstances, we issue permits to authorize incidental take--
i.e., take that is incidental to, and not the purpose of--the carrying
out of an otherwise lawful activity.
Regulations governing incidental take permits for endangered and
threatened wildlife species are at 50 CFR 17.22 and 17.32,
respectively. In addition to meeting other criteria, the take
authorized by an incidental take permit must not jeopardize the
existence of federally listed fish, wildlife, or plants.
Proposed Action
The ITP would cover incidental ``take'' of the silvery minnow
associated with the pumping of up to 1 million gallons per day (mgd)
from four existing shallow alluvial wells within the permit area (the
``covered activities''). The proposed action is the issuance of an ITP
by the Service for the covered activities in the permit area, pursuant
to section 10(a)(1)(B) of the ESA.
The requested term of the permit is 20 years. To meet the
requirements of a section 10(a)(1)(B) ITP, the applicant has developed
and proposes to implement its LEHCP, which describes the actions to
reduce or avoid impacts the applicant has agreed to undertake. These
actions are designed to minimize and mitigate for the impacts of the
potential incidental take of the silvery minnow, to the maximum extent
practicable, and ensure that incidental take will not appreciably
reduce the likelihood of the survival and recovery of this species in
the wild.
The applicant proposes to minimize and mitigate impacts to the
silvery minnow by modifying pumping operations when flow condition are
likely to result in the estimated densities of silvery minnow in the
permit area to be below those considered self-sustaining. That is, when
the May/June runoff flows that cross downstream stream gauges are low.
The Pueblo of Santa Clara will suspend the proposed new pumping amount
for 1 week in May when the forecasted total May-June runoff volume of
the Rio Grande at Otowi Bridge Gauge is at or below the threshold value
of approximately 205,010 acre-feet. The runoff volume during the months
of May and June for the Rio Grande at Otowi Bridge Gage in New Mexico
is estimated in the Basin Data Reports that are released each year in
April and May by the U.S. Department of Agriculture Natural Resources
Conservation Service and National Water Climate Center (online at
https: https://www.wcc.nrcs.usda.gov/basin.html). The cessation of the
up to 1 million gallons per day of groundwater pumping under those
specified threshold conditions would result in an increase of up to
21.5 acre-feet of surface water runoff that would contribute to spring
runoff during low-flow years.
Next Steps
We have made a preliminary determination that the applicant's
LEHCP, including the proposed mitigation and minimization measures has
(1) minor or negligible effects on federally listed or candidate
species and their habitats and (2) minor or negligible effects on other
environmental values or resources. We will evaluate the permit
application, the LEHCP, associated documents, and comments we receive
to determine whether the permit application meets the requirements of
the ESA, NEPA, and implementing regulations. If we determine that all
requirements are met, we will approve the LEHCP and issue the ITP under
section 10(a)(1)(B) of the ESA to the Pueblo of Santa Clara for take of
silvery minnow in accordance with the terms of the LEHCP and specific
terms and conditions of the authorizing permit. We will not make our
final decision until after the 30-day comment period ends, and we will
fully consider all comments we receive during the public comment
period.
Public Availability of Comments
All comments we receive become part of the public record associated
with this action. Requests for copies of comments will be handled in
accordance with the Freedom of Information Act, NEPA, and Service and
Department of the Interior policies and procedures. Before including
your address, phone number,
[[Page 12326]]
email address, or other personal identifying information in your
comment, you should be aware that your entire comment--including your
personal identifying information--may be made publicly available at any
time. While you can ask us to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so. All submissions from organizations or businesses, and
from individuals identifying themselves as representatives or officials
of organizations or businesses, will be made available for public
disclosure in their entirety.
Authority
We provide this notice under the authority of section 10(c) of the
ESA and its implementing regulations (50 CFR 17.22 and 17.32) and NEPA
(42 U.S.C. 4371 et seq.) and its implementing regulations (40 CFR
1506.6).
Dated: February 24, 2020.
Amy L. Lueders,
Regional Director, Southwest Region, U.S. Fish and Wildlife Service.
[FR Doc. 2020-04236 Filed 2-28-20; 8:45 am]
BILLING CODE 4333-15-P