Notice of Intent to Prepare an Environmental Impact Statement for the Proposed Issuance of an Incidental Take Permit, 15168-15171 [E6-4397]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 71, Number 58 (Monday, March 27, 2006)]
[Notices]
[Pages 15168-15171]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-4397]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 031606A]


Notice of Intent to Prepare an Environmental Impact Statement for 
the Proposed Issuance of an Incidental Take Permit

AGENCY: National Marine Fisheries Service, National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice; scoping meetings.

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SUMMARY: Pursuant to the National Environmental Policy Act (NEPA), this 
notice advises the public that NOAA's National Marine Fisheries Service 
(NMFS) intends to gather the necessary information to prepare an 
Environmental Impact Statement (EIS). The EIS will examine the proposed 
implementation of a Habitat Conservation Plan (HCP) and issuance of one 
incidental take permit (ITP) in accordance the Federal Endangered 
Species Act (ESA), as amended. The U.S. Forest Service (USFS) and the 
U.S. Fish and Wildlife Service (USFWS) will be participating as Federal 
cooperating agencies. The USFS manages land in close proximity to the 
project area and, therefore, has an interest is the analysis of the 
proposed action. The applicant may seek an ITP from the USFWS for 
coverage for species under its jurisdiction; therefore, the USFWS is 
participating in the scoping process for EIS development.

DATES: We must receive written comments on alternatives and issues to 
be addressed in the EIS May 26, 2006. We will hold public scoping 
meetings on:
    Tuesday, June 6, 2006, at East Portland Community Center, 740 SE 
106\th\ Avenue, Portland, OR from 6 p.m. to 7 p.m., and on Wednesday, 
June 7, 2006, at Portland City Hall, Lovejoy Room, 1221 SW 4\th\ 
Avenue, Portland, OR from 5 p.m. to 7 p.m.. We will accept oral and 
written comments at these meetings.

ADDRESSES: Comments and requests for information should be sent to Ben 
Meyer, Branch Chief, Willamette Basin Habitat Branch, NMFS, 1201 NE 
Lloyd Blvd, Suite 1100 Portland, OR 97232, or by facsimile (503) 231-
6893; or Joe Zisa, Supervisor, Land and Water Conservation Division, 
U.S. Fish and Wildlife Service, Oregon Fish and Wildlife Office, 2600 
S.E. 98th Ave., Portland, OR 9726, or by facsimile (503) 231-6195. 
Comments may be submitted by e-mail to the following address: 
BullRunHCP.nwr@noaa.gov. In the subject line of the e-mail, include the 
document identifier: Bull Run HCP EIS. Comments and materials received 
will be available to public inspection, by appointment, during normal 
business hours at the above addresses.

FOR FURTHER INFORMATION CONTACT: Joe Zisa, USFWS, (360) 231-6961 or Ben 
Meyer, NMFS, (503) 230-5425.

SUPPLEMENTARY INFORMATION: The permit applicant is the City of 
Portland, Bureau of Water Works (PWB). PWB intends to request an ITP 
for four fish species: Chinook salmon (Oncorhynchus tshawytscha), chum 
salmon (Oncorhynchus keta), coho salmon (Oncorhynchus kisutch) and 
steelhead/rainbow trout (Oncorhynchus mykiss), which are listed as 
threatened under the ESA. The PWB may also seek coverage for four 
species of concern under the jurisdiction of the USFWS - cutthroat 
trout (Oncorhynchus clarki), Pacific lamprey (Lampetra tridentata), 
western brook lamprey (Lampetra richardsoni), and river lamprey 
(Lampetra ayresi), should these species be listed in the future. The 
PWB, NMFS, and USFWS are also considering coverage for aquatic/riparian 
species that, if present, could be potentially affected by proposed 
flow alteration and riparian habitat management measures. The species 
under consideration include: Cope's giant salamander (Dicamptodon 
copei), Cascade torrent salamander (Rhyacitruton cascadae), northern 
red-legged frog (Rana aurora aurora; species of concern), Cascades frog 
(Rana cascadae; species of concern), coastal tailed frog (Ascaphus 
truei; species of concern), western toad (Bufo boreas), western painted 
turtle (Chrysemys picta belli), and northwestern pond turtle (Clemmys 
marmorata marmorata; species of concern). The PWB and NMFS will 
undertake a process to evaluate the possibility for impacts to these 
species, the implications of covering them in the HCP, and the analysis 
necessary in the EIS. If the species are covered, appropriate 
conservation measures will be included in the HCP.
    The PWB, NMFS, and USFWS are also considering coverage for forest-
dwelling species that, if present, could be potentially affected by 
proposed riparian habitat management measures and noise generated 
during water supply system operation, maintenance, and repair. Species 
under consideration include: clouded salamander (Aneides ferreus), 
fisher (Martes pennanti), Oregon slender salamander (Batrachoseps 
wrighti; species of concern), Larch Mountain salamander (Plethodon 
larselli; species of concern), bald eagle (Haliaeetus leucocephalus; 
threatened), and northern spotted owl (Strix occidentalis caurina; 
threatened). The PWB and USFWS will undertake a process to evaluate the 
possibility for impacts to these species, the implications of covering 
them in the HCP, and the analysis necessary in the EIS. If the species 
are covered, appropriate conservation measures will be included in the 
HCP.
    The permits would authorize incidental take for specified PWB 
activities within the Sandy River Basin for a period of 50 years: 
storage and withdrawal of water from the Bull Run River watershed; 
operation, maintenance, and repair of existing water supply facilities; 
generation of electricity (as a byproduct of water supply operation); 
related land management activities; and biological monitoring.
    The HCP would provide measures to minimize and mitigate impacts of 
the proposed incidental taking of listed species and the habitats upon 
which they depend.
    NMFS is furnishing this notice to advise other agencies and the 
public of our intentions; and to obtain suggestions and information on 
the scope of issues

[[Page 15169]]

to include in the EIS. Written comments and suggestions are invited 
from all interested parties to ensure that the full range of issues 
related to the NMFS proposed action is identified as well as possible 
issues related to USFWS species coverage. All comments and suggestions 
will become part of the administrative record and may be released to 
the public, including respondents' names and addresses. Section 10 of 
the ESA contains provisions for the issuance of incidental take permits 
to non-federal entities for the take of endangered and threatened 
species, provided that 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. In support of the 
request for an incidental take permit, the applicant must prepare and 
submit an HCP to NMFS (and possibly to the USFWS if jurisdictional 
coverage is considered) describing measures that will be implemented to 
minimize and mitigate the impacts of the proposed activities to the 
maximum extent practicable. The applicant must also demonstrate that 
adequate funding will be provided to ensure that the HCP will be 
implemented and monitored throughout the proposed term of the plan.

Background

    The 140-square-mile (362.6 km) Bull Run watershed lies within the 
Sandy River Basin in the western foothills of the Cascade Mountains, 
east of Portland, OR. Primarily within the Mt. Hood National Forest, 
Bull Run has been a water resource for the City of Portland since 1895. 
In 1904, a Federal statute restricted access to the watershed to 
protect the water quality for municipal use. Subsequent laws help 
protect Portland's water supply, including Public Law 95-200, which 
established the Bull Run Watershed Management Unit.
    The Bull Run water supply system serves drinking water to 
approximately 800,000 Oregonians, representing nearly one-fourth of 
Oregon's population. In fiscal year 2002-2003 the PWB estimates it 
served more than 482,500 in-city customers. The PWB also serves 
wholesale customers within Multnomah and Washington Counties. 
Portland's system is configured to serve a wholesale population of 
420,000 and routinely provides wholesale service to over 300,000 
people.
    The PWB owns and operates two dams on the Bull Run River that 
impound two reservoirs (Bull Run Reservoirs Nos.1 and 2). The 
reservoirs store an estimated 17 billion gallons of water, of which 
about 10 billion gallons are usable for drinking water within the 
operating constraints of an unfiltered water system.
    The PWB's activities associated with operation and maintenance of 
the Bull Run water supply system have the potential to affect species 
subject to protection under the ESA. In addition to PWB's activities, 
The Sandy River Basin Agreement (SRBA) partners are working on salmonid 
recovery in the Sandy Basin. The SRBA is comprised of more than a dozen 
public and private organizations. To address potential PWB operation 
and maintenance effects, PWB worked with the SRBA partners to develop a 
proposed package of conservation measures. The intent is to use the 
proposed conservation measures as a framework from which the PWB will 
develop the draft Habitat Conservation Plan.

Purpose and Need

    Section 9 of the ESA prohibits the ''taking'' of threatened and 
endangered species. NMFS (and possibly the USFWS if jurisdictional 
coverage is considered) may, however, under limited circumstances, 
issue permits to take federally listed and candidate species, when such 
a taking is incidental to, and not the purpose of, otherwise lawful 
activities. The term ''take'' under the ESA means to harass, harm, 
pursue, hunt, shoot, wound, kill, trap, capture, or collect, or attempt 
to engage in any such conduct. Regulations governing permits for 
threatened and endangered species are at 50 CFR 17.22.
    Section 10(a)(1)(B) of the ESA and regulations at 50 CFR 17.32 
contain provisions for issuing ITPs to non-federal entities for the 
take of threatened and endangered species, provided the Services 
determine the following criteria are met: (1) The taking will be 
incidental; (2) the applicant will, to the maximum extent practicable, 
minimize and mitigate the impacts of such taking; (3) the applicant 
will develop an HCP and ensure that adequate funding for the HCP will 
be provided; (4) the taking will not appreciably reduce the likelihood 
of the survival and recovery of the species in the wild; and (5) any 
other measures that the Services may require as being necessary or 
appropriate for the purposes of the HCP to be met.
    The purposes of the Proposed Action are to: (1) Authorize 
incidental take of certain listed and unlisted species in the Bull Run 
watershed and the Sandy River that may be affected by the PWB's Bull 
Run water supply system operations and maintenance; (2) minimize and 
mitigate the impacts of any incidental take of covered species that 
might occur as a result of operation and maintenance of the Bull Run 
water supply system; and (3) provide PWB with reasonable regulatory 
assurances that additional mitigation measures to address impacts on 
covered species would not be required beyond the measures described in 
the 50-year HCP.
    The need for the proposed action - issuance of an ITP based on an 
acceptable HCP is to protect listed species through compliance with the 
ESA while managing the Bull Run water supply system on a long-term 
basis. The goal is for the ITP and the HCP to be consistent with PWB's 
obligations to: (1) Provide cost-effective minimization and mitigation 
measures for incidental take; (2) ensure an adequate long-term water 
supply at reasonable cost to ratepayers; and (3) comply with state 
water quality standards and total maximum daily load (TMDL) 
designations for the Bull Run and Sandy River Basin.
    The needs and goals for NMFS are to conserve listed species and 
their habitats and associated species during PWB's proposed activities 
to ensure compliance with the ESA and other applicable laws and 
regulations. NMFS and PWB consider implementation of an HCP to be an 
appropriate means of reconciling PWB's proposed activities with the 
prohibitions against take and other conservation mandates of the ESA. 
In the event that the USFWS becomes a co-lead agency for EIS 
development, its needs and goals will be the same as those described 
above.

Proposed Action

    The Proposed Action by NMFS is the issuance of an ITP (and perhaps 
an additional ITP from USFWS) based on an acceptable HCP for specific 
listed and unlisted species for PWB's operation and maintenance of the 
Bull Run water supply system for a period of 50 years, pursuant to 
section 10(a)(1)(B) of the ESA.
    PWB is applying for ITPs for the federally listed and nonlisted 
species described above. Other listed and unlisted species for which 
PWB is not seeking permit coverage may also benefit from the 
conservation measures provided in the HCP.
    Covered lands proposed for incidental take include all lands within 
the hydrologic boundary of the Sandy River Basin but only to the extent 
those lands are affected by the covered activities and/or the 
conservation measures. Proposed coverage in the HCP is driven primarily 
by PWB activities as they may affect aquatic and riparian species, not 
by land ownership or management of land by the City.
    Associated facilities include, but are not limited to:

[[Page 15170]]

Bull Run Dam Nos. 1 and 2 and associated structures
Reservoir No. 1 (Lake Ben Morrow) and Reservoir No. 2
Diversion Dam and Pool below Dam No. 2
Powerhouses and associated structures at Dam Nos. 1 and 2
Reservoir log booms and other reservoir structures
Headworks facility (screens, chlorination facility, operation 
equipment)
Water supply conduits (including interties and blowoffs), bridges, and 
trestles
Roads and other paved/graveled surfaces on non-federal lands
Water quality monitoring stations and flow gauges
Microwave communication towers

    PWB facilities located outside the Sandy River Basin (e.g., urban 
reservoirs, water distribution system, Columbia South Shore Well Field) 
will not be covered in the ITPs. The PWB facilities at Bull Run Lake 
are also not proposed for coverage. The PWB and NMFS do not anticipate 
significant new facilities or major modifications to existing Bull Run 
water supply system facilities during the term of the ITPs. If they 
were proposed, future coverage of new facilities would require possible 
amendment of the HCP and further NEPA review.
    The ITP would cover activities associated with the lands and 
facilities described above. These include:
     Storage of water behind Dam No. 1 and Dam No. 2 on the 
Bull Run River, and withdrawal of water from the Bull Run River at the 
headworks diversion dam downstream of Dam No. 2 at River Mile 5.8. The 
amount and timing of water storage and withdrawal would be determined 
by the City to meet water demand, within the limits to be specified in 
the HCP to maintain appropriate instream flow, water quality, and 
temperature.
     Operation, maintenance, and repair of water supply 
facilities, including but not limited to adjustment of water intake 
depth to regulate temperature, turbidity, and color; removal of debris 
(including logs) from reservoirs; operation of boats and barges on 
reservoirs; delivery and storage of fuel and lubricants for water 
supply system vehicles and equipment; flushing and de-chlorination of 
diversion conduits; and general landscape maintenance in and around 
facilities.
     Generation of electricity at Dam No. 1 and Dam No. 2 as a 
byproduct of water supply operation, subject to limits on the release 
of water through the turbines (ramping rates) to be specified in the 
HCP.
     Related land management activities such as maintenance and 
repair of roads, bridges, culverts, and parking lots on non-federal 
lands in the watershed; management of City-owned riparian lands in the 
watershed; operation and maintenance of Dodge Park; and operation and 
maintenance of the Sandy River Station headquarters and yard.
     Implementation of habitat conservation measures and 
monitoring measures included in the HCP.
     Two specific improvements at DAM 2 intake towers and 
spillway weir. Intake towers would be modified to allow for improved 
water temperature management, and fish screens would be installed. 
Spillway weir will be rebuilt to protect water supply conduits from the 
energy of the spillway flow.
    The PWB is not applying for coverage of forest management or other 
land management activities on federal land (e.g., road maintenance, 
building maintenance, communication system maintenance), and the 
potential associated effects of habitat manipulation of terrestrial 
species (e.g., northern spotted owl). Mechanisms other than 
implementing an HCP (e.g., ESA consultations) have been, and will be, 
used to deal with ESA compliance issues affecting those species and 
activities, when and if they arise.

Conservation Measures

    The PWB, in negotiation with the Services and with the assistance 
of the Sandy River Basin Agreement (SRBA) partners, has identified 
possible conservation measures that could provide ecological 
compensation for incidental take. Identified conservation measures have 
the following biological objectives:
    Increase minimum flows in lower Bull Run River to improve spawning 
and rearing habitat.
    Minimize fish stranding by controlling river flow fluctuations.
    Provide improved summer rearing water temperatures for steelhead.
    Increase availability of spawning gravel in the lower Bull Run 
River.
    Improve habitat in the Sandy Basin.
    Preserve riparian habitat along the lower Bull Run River.
    Protect instream flows in the Little Sandy River.
    Minimize mortality of cutthroat trout in Bull Run Reservoir 2.
    Protect and improve riparian habitat along the lower and middle 
mainstem Sandy River and the Salmon River.
    Improve instream habitat in the Sandy Basin.
    Restore access to blocked habitat in the Sandy Basin.
    The PWB is proposing to implement conservation measures to address 
these objectives for the duration of the HCP and term of the ITPs. The 
preliminary package of measures is documented as draft conservation 
measures available from the PWB. Implementation would also include 
monitoring compliance with and effectiveness of the HCP provisions and 
regular reporting to NMFS (and perhaps to the USFWS if an ITP is issued 
under its jurisdiction). Adaptive management, as will be specified in 
the HCP and associated federal Implementation Agreement, could result 
in the modification and improvement of HCP measures in response to new 
information.

Preliminary Alternatives

    The EIS shall consider a range of alternative conservation 
strategies that satisfy the project purpose and need. These 
alternatives, including the Proposed Action, will be documented in the 
draft EIS. Those alternatives best satisfying the underlying need as 
well as addressing the project objectives of both the PWB and NMFS will 
be fully evaluated in the draft EIS. In addition, a No Action 
Alternative will be evaluated that considers actions likely to occur in 
the absence of the HCP.
    It is anticipated that, in addition to the No Action Alternative, 
the draft EIS will provide a full evaluation of one or two other 
alternatives that satisfy section 10 of the ESA and NEPA requirements 
for alternatives analyses. These alternative conservation strategies 
could describe sets of actions intended to further reduce the risk of 
take, or describe different or additional measures intended to mitigate 
the impacts of the proposed incidental take. An alternative that 
includes transporting fish around the Bull Run dams will be evaluated. 
Other examples of potential alternatives include different flow regimes 
or altered conservation measure implementation schedules. Additional 
project alternatives may be developed based on input received as a 
result of this notice and the scoping process.

NMFS Scoping

    NMFS and its cooperating agencies invite comments from all 
interested parties to ensure that the full range of issues related to 
the permit requests are addressed and that all significant issues are 
identified. Comments are encouraged on potential impacts related to all 
species described above in the event that the USFWS considers species 
under its jurisdiction for coverage. No additional NEPA scoping is 
anticipated if the USFWS becomes a co-lead agency

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for the preparation of this EIS. We will conduct the environmental 
review of the permit applications in accordance with the requirements 
of the NEPA (42 U.S.C. 4321 et seq.), other appropriate Federal laws, 
and regulations, policies, and procedures of the Services for 
compliance with those regulations.
    Comments and suggestions are invited from all interested parties to 
ensure the full range of alternatives related to this proposed action, 
including possible USFWS species coverage, and all significant issues 
are identified. NMFS and the USFWS request that comments be as specific 
as possible. Comments are requested to include information, issues, and 
concerns regarding: The direct, indirect, and cumulative effects that 
implementation of the proposal could have on all NMFS or USFWS-listed 
endangered and threatened species described above for coverage or 
potential coverage, or their habitats; other possible alternatives; 
potential adaptive management and/or monitoring provisions; funding 
issues; baseline environmental conditions; other plans or projects that 
might be relevant to this project; and minimization and mitigation 
measures. In addition to considering impacts to threatened and 
endangered species and their habitats, the EIS will analyze the effects 
the alternatives would cause to other components of the human 
environment. As a result, comments are also solicited regarding these 
other components of the human environment, which may include the 
following: air quality; water quality and quantity; geology and soils; 
cultural resources; social resources; economic resources; and 
environmental justice.
    After the environmental review is completed, NMFS will publish a 
notice of availability and a request for comment on the draft EIS and 
PWB's permit applications, which will include the draft HCP and draft 
Implementation Agreement.
    The draft EIS, draft HCP, and draft Implementation Agreement may 
include actions by the USFWS, which would be described in the notice of 
availability.

    Dated: March 22, 2006.
Angela Somma,
Chief, Endangered Species Division, Office of Protected Resources, 
National Marine Fisheries Service.
[FR Doc. E6-4397 Filed 3-24-06; 8:45 am]
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