[Federal Register Volume 85, Number 113 (Thursday, June 11, 2020)]
[Notices]
[Pages 35661-35662]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12657]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS-R8-ES-2020-0021; FF08ESMF00-FXES11140800000-189]
Stanislaus Regional Water Authority Water Supply Project,
Stanislaus County, California; Draft Categorical Exclusion and Draft
Habitat Conservation Plan
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability of permit application; request for
comment.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service, announce the
availability of a draft categorical exclusion under the National
Environmental Policy Act. We also announce receipt of an application
for an incidental take permit under the Endangered Species Act (ESA),
and receipt of a draft habitat conservation plan. The Stanislaus
Regional Water Authority (SWRA) has applied for an incidental take
permit under the ESA for the SRWA Water Supply Project in Stanislaus
County, California. The permit would authorize the take of one species
incidental to the construction, operation, and maintenance of the
project. We invite the public and local, State, Tribal, and Federal
agencies to comment on this application. Before issuing the requested
permit, we will take into consideration any information that we receive
during the public comment period.
DATES: We must receive your written comments on or before July 13,
2020.
ADDRESSES:
Obtaining Documents: The draft categorical exclusion (draft CatEx),
draft habitat conservation plan (HCP), and any comments and other
materials that we receive are available for public inspection at http://www.regulations.gov in Docket No. FWS-R8-ES-2020-0021.
Submitting Comments: To send written comments, please use one of
the following methods, and note that your information requests or
comments are in reference to the draft CatEx, draft HCP, or both.
Internet: Submit comments at http://www.regulations.gov
under Docket No. FWS-R8-ES-2020-0021.
U.S. Mail: Public Comments Processing, Attn: Docket No.
FWS-R8-ES-2020-0021; U.S. Fish and Wildlife Service Headquarters, MS:
PRB/3W; 5275 Leesburg Pike; Falls Church, VA 22041-3803.
For more information, see Public Comments under SUPPLEMENTARY
INFORMATION.
FOR FURTHER INFORMATION CONTACT: Timothy Ludwick, Senior Wildlife
Biologist, or Patricia Cole, Chief, San Joaquin Valley Division,
Sacramento Fish and Wildlife Office, by phone at 916-414-6600 or via
the Federal Relay Service at 800-877-8339.
SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service
(Service), announce the availability of a draft categorical exclusion
(CatEx), prepared pursuant to the National Environmental Policy Act of
1969, as amended (NEPA; 42 U.S.C. 4321 et seq.), and its implementing
regulations in the Code of Federal Regulations (CFR) at 40 CFR 1506.6.
This notice also announces the receipt of an application from the
Stanislaus Regional Water Authority (SRWA; applicant), for a 10-year
incidental take permit (ITP) under the Endangered Species Act of 1973,
as amended (ESA; 16 U.S.C. 1531 et seq.). Application for the permit
requires the preparation of an HCP with measures to avoid, minimize,
and mitigate the impacts of incidental take to the maximum extent
practicable. The applicant prepared the draft SRWA Water Supply Project
Low Effect Habitat Conservation Plan (draft HCP) pursuant to section
10(a)(1)(B) of the ESA. The purpose of the CatEx is to assess the
effects of issuing the permit and implementing the draft HCP on the
natural and human environment.
Background Information
Section 9 of the ESA (16 U.S.C. 1531-1544 et seq.) prohibits the
taking of fish and wildlife species listed as endangered under section
4 of the ESA; by regulation, this take prohibition also applies to
certain species listed as threatened, including the Valley elderberry
longhorn beetle. 50 CFR 17.31(a). Regulations governing permits for
endangered and threatened species are at 50 CFR 17.22 and 17.32. For
more about the Federal habitat conservation plan (HCP) program, go to
http://www.fws.gov/endangered/esa-library/pdf/hcp.pdf.
National Environmental Policy Act Compliance
The proposed permit issuance triggers the need for compliance with
the National Environmental Policy Act of 1969, as amended (NEPA; 42
U.S.C. 4321 et seq.). The draft CatEx was prepared to analyze the
impacts of issuing an ITP based on the draft HCP and to inform the
public of the proposed action, any alternatives, and associated
impacts, and to disclose any irreversible commitments of resources.
Proposed Action Alternative
Under the Proposed Action Alternative, the Service would issue an
ITP to the applicant for a period of 10 years for certain covered
activities (described below). The applicant has requested an ITP for
one covered species (described below), which is listed as threatened
under the ESA.
Habitat Conservation Plan Area
The geographic scope of the draft HCP encompasses 16 acres,
including the entire footprint needed to complete the project. The
project would result in the installation of 3,900 feet of pipeline in
the unincorporated portion of central Stanislaus County, California.
Covered Activities
The proposed section 10 ITP would allow take of one covered species
from covered activities in the proposed HCP area. The applicant is
requesting incidental take authorization for covered activities,
including site preparation, construction, and access road maintenance
in the project area. The applicant is proposing to implement a number
of project design features, including best management practices, as
well as general and species-specific avoidance and minimization
measures to minimize the impacts of the take from the covered
activities.
[[Page 35662]]
Covered Species
The Valley elderberry longhorn beetle (Desmocerus californicus
dimorphus), a species federally listed as threatened, is proposed to be
included as a covered species in the proposed HCP:
No-Action Alternative
Under the No-Action Alternative, the Service would not issue an ITP
to the applicant, and the draft HCP would not be implemented. Under
this alternative, the applicant may choose not to install the pipeline,
or would do so in a manner presumed not to result in the take of ESA
listed species.
Public Comments
We request data, comments, new information, or suggestions from the
public, other concerned governmental agencies, the scientific
community, Tribes, industry, or any other interested party on this
notice, the draft CatEx, and the draft HCP. We particularly seek
comments on the following:
1. Biological information concerning the species;
2. Relevant data concerning the species;
3. Additional information concerning the range, distribution,
population size, and population trends of the species;
4. Current or planned activities in the area and their possible
impacts on the species;
5. 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
6. Any other environmental issues that should be considered with
regard to the proposed development and permit action.
Public Availability of Comments
Before including your address, phone number, or other personal
identifying information in your comment, you should be aware that your
entire comment--including your personal identifying information--might
be made publicly available at any time. While you can ask us in your
comment to withhold your personal identifying information from public
review, we cannot guarantee that we will be able to do so.
Next Steps
Issuance of an incidental take permit is a Federal proposed action
subject to compliance with NEPA and section 7 of the ESA. We will
evaluate the application, associated documents, and any public comments
we receive as part of our NEPA compliance process to determine whether
the application meets the requirements of section 10(a) of the ESA. If
we determine that those requirements are met, we will conduct an intra-
Service consultation under section 7 of the ESA for the Federal action
of the potential issuance of an ITP. If the intra-Service consultation
determines that issuance of the ITP will not jeopardize the continued
existence of any endangered or threatened species, or destroy or
adversely modify critical habitat, we will issue a permit to the
applicant for the incidental take of the covered species.
Authority We publish this notice under the National
Environmental Policy Act of 1969, as amended (42 U.S.C. 4321-4347 et
seq.), and its implementing regulations at 40 CFR 1500-1508, as well
as in compliance with section 10(c) of the Endangered Species Act
(16 U.S.C. 1531-1544 et seq.) and its implementing regulations at 50
CFR 17.32(b)(2).
Jennifer Norris,
Field Supervisor, Sacramento Fish and Wildlife Office, U.S. Fish and
Wildlife Service, Sacramento, California.
[FR Doc. 2020-12657 Filed 6-10-20; 8:45 am]
BILLING CODE 4333-15-P