Habitat Conservation Plan for the City and County of San Francisco, through its Public Utilities Commission, for the Operation and Maintenance Activities of its Alameda Watershed, Alameda and Santa Clara Counties, California, 78292-78294 [E8-30374]
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78292
Federal Register / Vol. 73, No. 246 / Monday, December 22, 2008 / Notices
mstockstill on PROD1PC66 with NOTICES
One of MBDA’s largest initiatives is
the annual Regional and National
Minority Enterprise Development (MED)
Week Conferences. The conferences
recognizes the role that minority
entrepreneurs play in building the
Nation’s economy through the creation
of jobs, products and services, in
addition to supporting their local
communities. It includes the private,
non-profit, and government sectors and
provides a venue to discuss critical
business issues affecting minority
business as well as strategies to foster
the growth and competitiveness of the
minority business community. The MED
Week Awards Program is a key element
of the conferences and celebrates the
outstanding achievements of minority
entrepreneurs. MBDA may make awards
in the following categories: Minority
Construction Firm of the Year, Minority
Manufacturer of the Year, Minority
Service Firm of the Year, Minority
Technology Firm of the Year, Minority
Supplier Distributer of the Year,
Advocate of the Year, Media Award,
Distinguished Supplier Diversity
Award, Access to Capital Award,
Ronald H. Brown Leadership Award,
and the Abe Venable Legacy Award for
Lifetime Achievement. All awards with
the exception of the Ronald H. Brown
Leadership Award and the Abe Venable
Legacy Award for Lifetime Achievement
will be presented at both MBDA
Regional and National MED Weeks. The
Ronald H. Brown Leadership Award
and the Abe Venable Legacy Award for
Lifetime Achievement will be presented
only at National MED Week.
Nominations for these awards are
open to the public. MBDA must collect
two types of information: (a)
Information identifying the nominee
and nominator, and (b) information
explaining why the nominee should be
given the award. The information will
be used to determine those applicants
best meeting the preannounced
evaluation criterion. Use of a
nomination form standardizes and
limits the information collected as part
of the nomination process. This makes
the competition fair and eases the
burden on applicants and reviewers.
Participation in the MED Week Awards
Program competition is voluntary and
the awards are strictly honorary.
II. Method of Collection
The form may be submitted
electronically or paper format.
III. Data
OMB Control Number: None (new
collection).
Form Number: Not applicable.
Type of Review: Regular submission.
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19:07 Dec 19, 2008
Jkt 217001
Affected Public: Business or other forprofit organizations, not-for-profit
institutions, state, local and tribal
government, Federal government.
Estimated Number of Respondents:
100.
Estimated Time Per Response: 2
hours.
Estimated Total Annual Burden
Hours: 200 hours.
Estimated Total Annual Cost to the
Public: $0.
IV. Requests for Comments
Comments are invited on: (a) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the Agency,
including whether the information shall
have practical utility; (b) the accuracy of
the Agency’s estimate of the burden
(including hours and cost) of the
proposed collection of information; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
on respondents, including through the
use of automated collection techniques
or other forms of information
technology.
Comments submitted in response to
this notice will be summarized and/or
included in the request for OMB
approval of this information collection;
they also will become a matter of public
record.
Dated: December 16, 2008.
Gwellnar Banks,
Management Analyst, Office of the Chief
Information Officer.
[FR Doc. E8–30264 Filed 12–19–08; 8:45 am]
BILLING CODE 3510–21–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
RIN 0648–XL20
Habitat Conservation Plan for the City
and County of San Francisco, through
its Public Utilities Commission, for the
Operation and Maintenance Activities
of its Alameda Watershed, Alameda
and Santa Clara Counties, California
AGENCIES: Fish and Wildlife Service
(FWS), Interior; National Oceanic and
Atmospheric Administration (NOAA),
National Marine Fisheries Service
(NMFS), Commerce.
ACTION: Notice of intent to prepare an
Environmental Impact Statement/
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Fmt 4703
Sfmt 4703
Environmental Impact Report (EIS/EIR);
notice of public scoping meetings.
SUMMARY:
Pursuant to the National
Environmental Policy Act (NEPA), the
FWS and NMFS (Services), are issuing
this notice to advise the public of our
intent, in coordination with the San
Francisco Planning Department, to
conduct public scoping necessary to
gather information to prepare a joint
Environmental Impact Statement/
Environmental Impact Report (EIS/EIR).
The EIS/EIR will analyze the
environmental effects of the of the
Services’ proposed issuance of an
incidental take permit under the
Endangered Species Act of 1973, as
amended, (hereafter ESA or Act), for a
Habitat Conservation Plan (Plan) within
a portion of the Alameda Creek
watershed. The permit applicant is the
City and County of San Francisco
through its Public Utilities Commission
(SFPUC). The SFPUC intends to request
a 30-year permit for five federally listed
as threatened or endangered species and
12 unlisted species that may become
listed during the term of the permit. The
permit is needed to authorize the
incidental take of threatened and
endangered species that could occur as
a result of the SFPUC’s operations and
maintenance activities on SFPUC lands
within the Alameda Creek watershed.
The Services provide this notice to (1)
describe the proposed Plan and possible
alternatives; (2) advise other Federal
and State agencies, affected Tribes, and
the public of the intent to prepare an
EIS/EIR; (3) announce the initiation of a
public scoping period; and (4) obtain
suggestions and information on the
scope of issues and alternatives to be
included in the EIS/EIR. Pursuant to the
California Environmental Quality Act
(CEQA), a separate Notice of Preparation
for the EIS/EIR will be posted by the
San Francisco Planning Department,
Major Environmental Analysis (MEA)
Division with the State Clearinghouse.
DATES: A public meeting will be held on
Tuesday, January 13, 2009, from 6:30
p.m. to 9:00 p.m. Written comments
should be received on or before January
21, 2009.
ADDRESSES: The public meeting will be
held at the Dublin Civic Center,
Regional Meeting Room, 100 Civic
Plaza, Dublin, California.
Information, written comments, or
questions related to the preparation of
the EIS/EIR should be sent to: Sheila
Larsen, Senior Fish and Wildlife
Biologist, Sacramento Fish and Wildlife
Office, 2800 Cottage Way, Room W2605, Sacramento, CA 95825, facsimile
(916) 414–6713; Gary Stern, San
E:\FR\FM\22DEN1.SGM
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Federal Register / Vol. 73, No. 246 / Monday, December 22, 2008 / Notices
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Francisco Bay Region Team
Coordinator, National Marine Fisheries
Service, Santa Rosa Area Office, 777
Sonoma Avenue, Room 325, Santa Rosa,
CA 95404, facsimile (707) 578–3435; or
via e-mail to
SWR.AlamedaHCP@noaa.gov.
FOR FURTHER INFORMATION CONTACT:
Sheila Larsen at (916) 414–6600; or Gary
Stern at (707) 575–6060.
SUPPLEMENTARY INFORMATION:
Background
Section 9 of the Act and Federal
regulations prohibit the ‘‘take’’ of
wildlife species listed as endangered or
threatened. The Act 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 USC
1532(19)). Harm includes significant
habitat modification or degradation that
actually kills or injures listed wildlife
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). Pursuant to
Section 10(a) of the Act, the Services
may issue a permit to authorize
‘‘incidental take’’ of listed species.
‘‘Incidental take’’ is defined by the Act
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 promulgated in 50 CFR
17.32 and 50 CFR 17.22. NMFS
regulations governing permits for
threatened and endangered species are
promulgated in 50 CFR 222.22.
Section 10(a) of the Act specifies
requirements for the issuance of
Incidental Take Permits (ITPs) to nonFederal landowners for the take of
endangered and threatened species. Any
proposed take must be incidental to
otherwise lawful activities, not
appreciably reduce the likelihood of the
survival and recovery of the species in
the wild, and minimize and mitigate the
impacts of such take to the maximum
extent practicable. In addition, an
applicant must prepare a habitat
conservation plan describing the impact
that will likely result from such taking,
the strategy for minimizing and
mitigating the incidental take, the
funding available to implement such
steps, alternatives to such taking, and
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19:07 Dec 19, 2008
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the reason such alternatives are not
being implemented. To obtain ITPs the
applicant must prepare a habitat
conservation plan that meets the
issuance criteria established by the
Services (50 CFR 17.22(b)(2) and
222.307). Should permits be issued, the
permits would include assurances
under the Services’ ‘‘No Surprises’’
regulations [50 CFR 17.22(b)(5) and
17.32(b)(5)].
Take of listed plant species is not
prohibited under the Act and cannot be
authorized under an ESA section 10
permit. The Services propose to include
plant species on the permit in
recognition of the conservation benefits
provided for them under the Plan.
Unlisted covered species would receive
assurances under the Services’ ‘‘No
Surprises’’ regulations.
Currently, 17 species (Covered
Species) are proposed for coverage
under the Plan, including 5 federally
listed species and 12 unlisted species
that may become listed during the term
of the permits. The 5 federally listed
species are the endangered callippe
silverspot butterfly (Speyeria callippe
callippe) and the threatened California
red-legged frog (Rana aurora draytonii);
Alameda whipsnake (Masticophis
lateralis euryxanthus); California tiger
salamander (Ambystoma californiense);
and Central California Coast steelhead
(Oncorhynchus mykiss). The 12 unlisted
species proposed for coverage are the
foothill yellow-legged frog (Rana boylii);
western pond turtle (Clemmys
(=Actinemys) marmorata marmorata
and C. (=Actinemys) m. pallida);
Townsend’s big-eared bat (Corynorhinus
townsendii townsendii); Pacific lamprey
(Lampetra tridentata); fall-run Chinook
salmon (Oncorhynchus tshawytscha);
tricolored blackbird (Agelaius tricolor);
western burrowing owl (Athene
cunicularia hypugaea); Diablo
helianthella (Helianthella castanea);
fragrant fritillary (Fritillaria liliacea);
most beautiful jewelflower
(Streptanthus alba ssp. peramoenus);
robust monardella (Monardella villosa
ssp. globosa); and round-leaved filaree
(Erodium macrophyllum). Species may
be added or deleted during the course
of the proposed Plan development based
on further analysis, new information,
agency consultation, and public
comment.
Proposed Plan
The southern Alameda Creek
watershed (Alameda Watershed)
encompasses 175 square miles of rolling
grassland and native oak woodlands
east of San Francisco Bay, California.
The proposed Plan study area includes
approximately 36,800 acres of Alameda
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78293
Watershed lands owned by the SFPUC
in Alameda and Santa Clara counties,
plus approximately 9,900 acres
immediately adjacent to SFPUC lands.
The additional 9,900 acres include all
privately owned, one-square mile (640
acres) sections of land adjacent to
SFPUC lands on Poverty Ridge and Oak
Ridge and all private lands on Apperson
Ridge between the San Antonio
Reservoir and lands owned by the East
Bay Regional Park District. These
privately owned lands are included in
the study area because the SFPUC may
purchase land or conservation
easements from willing sellers under the
proposed Plan for mitigation sites. The
permits associated with the proposed
Plan would authorize the take of listed
species that may occur during ongoing
operations and maintenance activities
on SFPUC lands in the Alameda
Watershed.
Activities covered by the proposed
Plan (Covered Activities) include
watershed operations and maintenance
activities such as road maintenance and
construction, culvert maintenance and
replacement, bridge replacement and
construction, fence maintenance and
installation, vegetation management,
riparian and pond habitat enhancement,
pond spillway repair, stream
restoration, and recreation activities,
including elements of the Sunol Valley
Landscape and Recreation Plan, on land
owned and managed by the SFPUC.
Covered Activities also include
reservoir operations and maintenance
activities such as operations of the
Calaveras and San Antonio reservoirs,
operations and maintenance of Alameda
Creek Diversion Dam, reservoir
shoreline erosion protection measures
(grading and log placement along the
shoreline) and restoration, boat-launch
construction, vegetation and debris
management on dams, and maintenance
of sludge ponds. Water transmission
and filtration-system operations and
maintenance activities such as the
opening and closing of valves to test
proper functioning and pipeline
maintenance will also be Covered
Activities as well as lease/permit and
easement activities (i.e., operations and
management for livestock grazing,
nurseries, golf courses, and
telecommunication sites).
As part of the SFPUC’s Water System
Improvement Program (WSIP), some of
the existing facilities included in the
proposed Plan’s covered activities may
be modified, improved, or replaced.
Proposed WSIP projects within the Plan
study area include the Calaveras Dam
Replacement Project, San Antonio
Backup Pipeline, and improvements at
the Sunol Valley Water Treatment Plant.
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Federal Register / Vol. 73, No. 246 / Monday, December 22, 2008 / Notices
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The SFPUC proposes to address the
effects of construction of WSIP projects
through separate regulatory review and
permitting processes. If an ITP is issued
by the FWS and NMFS prior to the
completion of environmental review of
any WSIP projects in the Alameda
watershed, FWS and NMFS will review
the proposed WSIP project for
consistency with the Plan. If either FWS
or NMFS determines that the future
operations and maintenance of the
proposed WSIP project are not
consistent with the Plan, an amendment
to the Plan will be required.
Under the proposed Plan, the effects
on covered species resulting from the
Covered Activities are expected to be
minimized and mitigated to the
maximum extent practicable through
implementation of a conservation
program that includes conservation
actions and monitoring, which will be
fully described in the proposed Plan.
This conservation program will focus on
providing for the long-term management
of biological communities in the Plan
area that support Covered Species. The
conservation strategy will implement
best management practices throughout
the watershed to minimize impacts from
all SFPUC Covered Activities. The
conservation strategy will provide
mitigation for both temporary and
ongoing impacts on Covered Species in
the form of habitat enhancement,
restoration, and, if necessary, protection
of additional habitat.
Environmental Impact Statement/
Report
The EIS/EIR will consider the
proposed action, the issuance of section
10(a)(1)(B) permits under the Act, and
several alternatives, representing
varying levels of conservation, impacts
from 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. In addition, the EIS/EIR will
identify potentially significant direct,
indirect, and cumulative impacts on
biological resources, land use, air
quality, water quality, water resources,
socioeconomics, and other
environmental resources that could
occur with the implementation of the
proposed actions and alternatives. A
detailed description of the impacts of
the proposed action and each alternative
will be included in the EIS/EIR. For all
potentially significant impacts, the EIS/
EIR will identify avoidance,
minimization, and mitigation measures
to reduce these impacts, where feasible,
to a level below significance.
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19:07 Dec 19, 2008
Jkt 217001
The primary purpose of the scoping
process is for the public to assist the
Services and the San Francisco Planning
Department in developing the EIS/EIR
by identifying important issues and
alternatives related to the proposed
action. FWS and NMFS propose to serve
as co-lead Federal agencies under NEPA
for preparation of the EIS. The San
Francisco Planning Department will be
the lead agency for preparation of the
EIR under CEQA.
The Services request that comments
be specific. In particular, we request
information regarding: the direct,
indirect, and cumulative impacts that
implementation of the proposed Plan
could have on endangered and
threatened and other covered species,
and their communities and habitats;
other possible alternatives that meet the
purpose and need; potential adaptive
management and/or monitoring
provisions; funding issues; existing
environmental conditions in the plan
area; other plans or projects that might
be relevant to this proposed project; and
minimization and mitigation efforts.
Written comments from interested
parties are invited to ensure that the full
range of issues related to the permit
requests is identified. Comments will
only be accepted in written form. You
may submit written comments by mail,
electronic mail to NMFS, facsimile
transmission, or in person (see
ADDRESSES). Before including your
address, phone number, e-mail 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 in your comment to
withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Reasonable Accommodation
Persons needing reasonable
accommodations to attend and
participate in the public meeting should
contact Sheila Larsen at (916) 414-6600.
To allow sufficient time to process
requests, please call no later than one
week before the public meeting.
Information regarding this proposed
action is available in alternative formats
upon request.
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Dated: December 15, 2008.
Richard E. Sayers, Jr.,
Acting Deputy Regional Director, Deputy
Regional Director, California and Nevada
Region, Sacramento, California.
Dated: December 16, 2008.
Angela Somma,
Chief, Endangered Species Division, National
Marine Fisheries Service, Office of Protected
Resources.
[FR Doc. E8–30374 Filed 12–19–08; 8:45 am]
BILLING CODES 4310–55–S, 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XL89
Incidental Takes of Marine Mammals
During Specified Activities; Marine
Geophysical Survey in Southeast Asia,
March–July 2009
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; proposed incidental
take authorization; request for
comments.
SUMMARY: NMFS has received an
application from the Lamont-Doherty
Earth Observatory (L-DEO), a part of
Columbia University, for an Incidental
Harassment Authorization (IHA) to take
small numbers of marine mammals, by
harassment, incidental to conducting a
marine seismic survey in Southeast (SE)
Asia during March-July 2009. Pursuant
to the Marine Mammal Protection Act
(MMPA), NMFS requests comments on
its proposal to authorize L-DEO to
incidentally take, by Level B harassment
only, small numbers of marine
mammals during the aforementioned
activity.
DATES: Comments and information must
be received no later than January 21,
2009.
ADDRESSES: Comments on the
application should be addressed to
Michael Payne, Chief, Permits,
Conservation and Education Division,
Office of Protected Resources, National
Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, MD
20910–3225. The mailbox address for
providing email comments is PR1.0648–
XL89@noaa.gov. Comments sent via email, including all attachments, must
not exceed a 10–megabyte file size.
A copy of the application containing
a list of the references used in this
document may be obtained by writing to
the address specified above, telephoning
E:\FR\FM\22DEN1.SGM
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Agencies
[Federal Register Volume 73, Number 246 (Monday, December 22, 2008)]
[Notices]
[Pages 78292-78294]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-30374]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
RIN 0648-XL20
Habitat Conservation Plan for the City and County of San
Francisco, through its Public Utilities Commission, for the Operation
and Maintenance Activities of its Alameda Watershed, Alameda and Santa
Clara Counties, California
AGENCIES: Fish and Wildlife Service (FWS), Interior; National Oceanic
and Atmospheric Administration (NOAA), National Marine Fisheries
Service (NMFS), Commerce.
ACTION: Notice of intent to prepare an Environmental Impact Statement/
Environmental Impact Report (EIS/EIR); notice of public scoping
meetings.
-----------------------------------------------------------------------
SUMMARY:
Pursuant to the National Environmental Policy Act (NEPA), the FWS
and NMFS (Services), are issuing this notice to advise the public of
our intent, in coordination with the San Francisco Planning Department,
to conduct public scoping necessary to gather information to prepare a
joint Environmental Impact Statement/Environmental Impact Report (EIS/
EIR). The EIS/EIR will analyze the environmental effects of the of the
Services' proposed issuance of an incidental take permit under the
Endangered Species Act of 1973, as amended, (hereafter ESA or Act), for
a Habitat Conservation Plan (Plan) within a portion of the Alameda
Creek watershed. The permit applicant is the City and County of San
Francisco through its Public Utilities Commission (SFPUC). The SFPUC
intends to request a 30-year permit for five federally listed as
threatened or endangered species and 12 unlisted species that may
become listed during the term of the permit. The permit is needed to
authorize the incidental take of threatened and endangered species that
could occur as a result of the SFPUC's operations and maintenance
activities on SFPUC lands within the Alameda Creek watershed.
The Services provide this notice to (1) describe the proposed Plan
and possible alternatives; (2) advise other Federal and State agencies,
affected Tribes, and the public of the intent to prepare an EIS/EIR;
(3) announce the initiation of a public scoping period; and (4) obtain
suggestions and information on the scope of issues and alternatives to
be included in the EIS/EIR. Pursuant to the California Environmental
Quality Act (CEQA), a separate Notice of Preparation for the EIS/EIR
will be posted by the San Francisco Planning Department, Major
Environmental Analysis (MEA) Division with the State Clearinghouse.
DATES: A public meeting will be held on Tuesday, January 13, 2009, from
6:30 p.m. to 9:00 p.m. Written comments should be received on or before
January 21, 2009.
ADDRESSES: The public meeting will be held at the Dublin Civic Center,
Regional Meeting Room, 100 Civic Plaza, Dublin, California.
Information, written comments, or questions related to the
preparation of the EIS/EIR should be sent to: Sheila Larsen, Senior
Fish and Wildlife Biologist, Sacramento Fish and Wildlife Office, 2800
Cottage Way, Room W-2605, Sacramento, CA 95825, facsimile (916) 414-
6713; Gary Stern, San
[[Page 78293]]
Francisco Bay Region Team Coordinator, National Marine Fisheries
Service, Santa Rosa Area Office, 777 Sonoma Avenue, Room 325, Santa
Rosa, CA 95404, facsimile (707) 578-3435; or via e-mail to
SWR.AlamedaHCP@noaa.gov.
FOR FURTHER INFORMATION CONTACT: Sheila Larsen at (916) 414-6600; or
Gary Stern at (707) 575-6060.
SUPPLEMENTARY INFORMATION:
Background
Section 9 of the Act and Federal regulations prohibit the ``take''
of wildlife species listed as endangered or threatened. The Act 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 USC 1532(19)). Harm includes significant
habitat modification or degradation that actually kills or injures
listed wildlife 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). Pursuant to Section 10(a) of the Act, the
Services may issue a permit to authorize ``incidental take'' of listed
species. ``Incidental take'' is defined by the Act 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 promulgated in 50 CFR 17.32
and 50 CFR 17.22. NMFS regulations governing permits for threatened and
endangered species are promulgated in 50 CFR 222.22.
Section 10(a) of the Act specifies requirements for the issuance of
Incidental Take Permits (ITPs) to non-Federal landowners for the take
of endangered and threatened species. Any proposed take must be
incidental to otherwise lawful activities, not appreciably reduce the
likelihood of the survival and recovery of the species in the wild, and
minimize and mitigate the impacts of such take to the maximum extent
practicable. In addition, an applicant must prepare a habitat
conservation plan describing the impact that will likely result from
such taking, the strategy for minimizing and mitigating the incidental
take, the funding available to implement such steps, alternatives to
such taking, and the reason such alternatives are not being
implemented. To obtain ITPs the applicant must prepare a habitat
conservation plan that meets the issuance criteria established by the
Services (50 CFR 17.22(b)(2) and 222.307). Should permits be issued,
the permits would include assurances under the Services' ``No
Surprises'' regulations [50 CFR 17.22(b)(5) and 17.32(b)(5)].
Take of listed plant species is not prohibited under the Act and
cannot be authorized under an ESA section 10 permit. The Services
propose to include plant species on the permit in recognition of the
conservation benefits provided for them under the Plan. Unlisted
covered species would receive assurances under the Services' ``No
Surprises'' regulations.
Currently, 17 species (Covered Species) are proposed for coverage
under the Plan, including 5 federally listed species and 12 unlisted
species that may become listed during the term of the permits. The 5
federally listed species are the endangered callippe silverspot
butterfly (Speyeria callippe callippe) and the threatened California
red-legged frog (Rana aurora draytonii); Alameda whipsnake (Masticophis
lateralis euryxanthus); California tiger salamander (Ambystoma
californiense); and Central California Coast steelhead (Oncorhynchus
mykiss). The 12 unlisted species proposed for coverage are the foothill
yellow-legged frog (Rana boylii); western pond turtle (Clemmys
(=Actinemys) marmorata marmorata and C. (=Actinemys) m. pallida);
Townsend's big-eared bat (Corynorhinus townsendii townsendii); Pacific
lamprey (Lampetra tridentata); fall-run Chinook salmon (Oncorhynchus
tshawytscha); tricolored blackbird (Agelaius tricolor); western
burrowing owl (Athene cunicularia hypugaea); Diablo helianthella
(Helianthella castanea); fragrant fritillary (Fritillaria liliacea);
most beautiful jewelflower (Streptanthus alba ssp. peramoenus); robust
monardella (Monardella villosa ssp. globosa); and round-leaved filaree
(Erodium macrophyllum). Species may be added or deleted during the
course of the proposed Plan development based on further analysis, new
information, agency consultation, and public comment.
Proposed Plan
The southern Alameda Creek watershed (Alameda Watershed)
encompasses 175 square miles of rolling grassland and native oak
woodlands east of San Francisco Bay, California. The proposed Plan
study area includes approximately 36,800 acres of Alameda Watershed
lands owned by the SFPUC in Alameda and Santa Clara counties, plus
approximately 9,900 acres immediately adjacent to SFPUC lands. The
additional 9,900 acres include all privately owned, one-square mile
(640 acres) sections of land adjacent to SFPUC lands on Poverty Ridge
and Oak Ridge and all private lands on Apperson Ridge between the San
Antonio Reservoir and lands owned by the East Bay Regional Park
District. These privately owned lands are included in the study area
because the SFPUC may purchase land or conservation easements from
willing sellers under the proposed Plan for mitigation sites. The
permits associated with the proposed Plan would authorize the take of
listed species that may occur during ongoing operations and maintenance
activities on SFPUC lands in the Alameda Watershed.
Activities covered by the proposed Plan (Covered Activities)
include watershed operations and maintenance activities such as road
maintenance and construction, culvert maintenance and replacement,
bridge replacement and construction, fence maintenance and
installation, vegetation management, riparian and pond habitat
enhancement, pond spillway repair, stream restoration, and recreation
activities, including elements of the Sunol Valley Landscape and
Recreation Plan, on land owned and managed by the SFPUC. Covered
Activities also include reservoir operations and maintenance activities
such as operations of the Calaveras and San Antonio reservoirs,
operations and maintenance of Alameda Creek Diversion Dam, reservoir
shoreline erosion protection measures (grading and log placement along
the shoreline) and restoration, boat-launch construction, vegetation
and debris management on dams, and maintenance of sludge ponds. Water
transmission and filtration-system operations and maintenance
activities such as the opening and closing of valves to test proper
functioning and pipeline maintenance will also be Covered Activities as
well as lease/permit and easement activities (i.e., operations and
management for livestock grazing, nurseries, golf courses, and
telecommunication sites).
As part of the SFPUC's Water System Improvement Program (WSIP),
some of the existing facilities included in the proposed Plan's covered
activities may be modified, improved, or replaced. Proposed WSIP
projects within the Plan study area include the Calaveras Dam
Replacement Project, San Antonio Backup Pipeline, and improvements at
the Sunol Valley Water Treatment Plant.
[[Page 78294]]
The SFPUC proposes to address the effects of construction of WSIP
projects through separate regulatory review and permitting processes.
If an ITP is issued by the FWS and NMFS prior to the completion of
environmental review of any WSIP projects in the Alameda watershed, FWS
and NMFS will review the proposed WSIP project for consistency with the
Plan. If either FWS or NMFS determines that the future operations and
maintenance of the proposed WSIP project are not consistent with the
Plan, an amendment to the Plan will be required.
Under the proposed Plan, the effects on covered species resulting
from the Covered Activities are expected to be minimized and mitigated
to the maximum extent practicable through implementation of a
conservation program that includes conservation actions and monitoring,
which will be fully described in the proposed Plan. This conservation
program will focus on providing for the long-term management of
biological communities in the Plan area that support Covered Species.
The conservation strategy will implement best management practices
throughout the watershed to minimize impacts from all SFPUC Covered
Activities. The conservation strategy will provide mitigation for both
temporary and ongoing impacts on Covered Species in the form of habitat
enhancement, restoration, and, if necessary, protection of additional
habitat.
Environmental Impact Statement/Report
The EIS/EIR will consider the proposed action, the issuance of
section 10(a)(1)(B) permits under the Act, and several alternatives,
representing varying levels of conservation, impacts from 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. In addition, the EIS/EIR will identify potentially
significant direct, indirect, and cumulative impacts on biological
resources, land use, air quality, water quality, water resources,
socioeconomics, and other environmental resources that could occur with
the implementation of the proposed actions and alternatives. A detailed
description of the impacts of the proposed action and each alternative
will be included in the EIS/EIR. For all potentially significant
impacts, the EIS/EIR will identify avoidance, minimization, and
mitigation measures to reduce these impacts, where feasible, to a level
below significance.
The primary purpose of the scoping process is for the public to
assist the Services and the San Francisco Planning Department in
developing the EIS/EIR by identifying important issues and alternatives
related to the proposed action. FWS and NMFS propose to serve as co-
lead Federal agencies under NEPA for preparation of the EIS. The San
Francisco Planning Department will be the lead agency for preparation
of the EIR under CEQA.
The Services request that comments be specific. In particular, we
request information regarding: the direct, indirect, and cumulative
impacts that implementation of the proposed Plan could have on
endangered and threatened and other covered species, and their
communities and habitats; other possible alternatives that meet the
purpose and need; potential adaptive management and/or monitoring
provisions; funding issues; existing environmental conditions in the
plan area; other plans or projects that might be relevant to this
proposed project; and minimization and mitigation efforts.
Written comments from interested parties are invited to ensure that
the full range of issues related to the permit requests is identified.
Comments will only be accepted in written form. You may submit written
comments by mail, electronic mail to NMFS, facsimile transmission, or
in person (see ADDRESSES). Before including your address, phone number,
e-mail 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 in your comment to withhold your personal
identifying information from public review, we cannot guarantee that we
will be able to do so.
Reasonable Accommodation
Persons needing reasonable accommodations to attend and participate
in the public meeting should contact Sheila Larsen at (916) 414-6600.
To allow sufficient time to process requests, please call no later than
one week before the public meeting. Information regarding this proposed
action is available in alternative formats upon request.
Dated: December 15, 2008.
Richard E. Sayers, Jr.,
Acting Deputy Regional Director, Deputy Regional Director, California
and Nevada Region, Sacramento, California.
Dated: December 16, 2008.
Angela Somma,
Chief, Endangered Species Division, National Marine Fisheries Service,
Office of Protected Resources.
[FR Doc. E8-30374 Filed 12-19-08; 8:45 am]
BILLING CODES 4310-55-S, 3510-22-S