Habitat Conservation Plan for City of Kent, Washington, 21344-21345 [2010-9507]

Download as PDF WReier-Aviles on DSKGBLS3C1PROD with NOTICES 21344 Federal Register / Vol. 75, No. 78 / Friday, April 23, 2010 / Notices identified. The alternatives include processing all Gold Hill ore in the Gold Hill area rather than trucking some ore to Round Mountain for processing (Gold Hill area processing alternative); constructing an overpass rather than a grade crossing at the intersection of the transportation and utility corridor and County Road 875 (County Road Overpass Alternative); and completing mining at Round Mountain under current BLM authorizations (No Action Alternative). Other alternatives considered, and the rationale for their elimination from detailed analysis, are also discussed. Mitigation measures have been identified, as needed, to minimize potential environmental impacts and to ensure that the proposed project would not result in undue or unnecessary degradation of public lands. In addition, the Final EIS includes an analysis of cumulative impacts, including a comprehensive evaluation of potential impacts to Native American cultural values. The BLM mailed information on the proposed Round Mountain Mine expansion to the Timbisha, Duckwater, Yomba, and Ely tribes in December 2006. Tribal representatives and individuals attended scoping meetings for the project in January 2007. Several informal meetings were held at the Round Mountain Mine attended by tribal representatives and members of the newly formed Western Shoshone Descendents of Big Smoky Valley. Six of these informal meetings were held between June 2007 and April 2009. Some of the meetings included field trips to inspect cultural sites discovered during cultural surveys of the proposed project area. The tribes and some Native American individuals received copies of the Draft EIS for the proposed mine expansion. Some tribal representatives and individuals attended the two BLMhosted public meetings on the Draft EIS held on August 18 and 19, 2009. Written comments from Native Americans were received at the meetings and by mail during the public comment period (July 31, 2009 to September 14, 2009). The comments, and the responses to the comments, are incorporated into the Final EIS. A Notice of Intent to prepare an EIS was published in the Federal Register on December 26, 2006. Two public scoping meetings were held in 2007 in Hadley and Tonopah, Nevada. The Draft EIS was released for public review on July 21, 2009, with a 45-day comment period. Following release of the Draft EIS, two public comment meetings were held in Hadley and Tonopah in August 2009 to solicit additional comments on the document. Comment responses and VerDate Nov<24>2008 15:23 Apr 22, 2010 Jkt 220001 resultant changes in the impact analyses are documented in the Final EIS. DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Authority: 40 CFR 1506.6. [FWS-R1–ES–2010–N040] [10120–1112–0000–F2] Thomas J. Seley, Manager, Tonopah Field Office. [FR Doc. 2010–9368 Filed 4–22–10; 8:45 am] DEPARTMENT OF COMMERCE BILLING CODE 4310–HC–P National Oceanic and Atmospheric Administration DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLOROR957000–L62510000–PM000: HAG10–0222] Filing of Plats of Survey: Oregon/ Washington AGENCY: Bureau of Land Management, Interior. ACTION: Notice. SUMMARY: The plats of survey of the following described lands are scheduled to be officially filed in the Bureau of Land Management Oregon/Washington State Office, Portland, Oregon, 30 days from the date of this publication. Willamette Meridian Oregon T. 14 S., R. 7 W., accepted March 9, 2010. T. 26 S., R. 7 W., accepted March 9, 2010. T. 22 S., R. 10 E., accepted March 22, 2010. T. 31 S., R. 14 W., accepted March 22, 2010. T. 13 S., R. 11 E., accepted March 24, 2010. T. 21 S., R. 8 W., accepted April 2, 2010. T. 30 S., R. 10 W., accepted April 2, 2010. T. 31 S., R. 13 W., accepted April 2, 2010. T. 21 S., R. 8 W., accepted April 5, 2010. T. 36 S., R. 5 W., accepted April 5, 2010. T. 30 S., R. 3 W., accepted April 5, 2010. Washington T. 28 N., R. 13 W., accepted April 2, 2010. T. 38 N., R. 38 E., accepted April 5, 2010. A copy of the plats may be obtained from the Land Office at the Oregon/Washington State Office, Bureau of Land Management, 333 SW. 1st Avenue, Portland, Oregon 97204, upon required payment. A person or party who wishes to protest against a survey must file a notice that they wish to protest (at the above address) with the Oregon/Washington State Director, Bureau of Land Management, Portland, Oregon. FOR FURTHER INFORMATION CONTACT: Chief, Branch of Geographic Sciences, Bureau of Land Management, 333 SW. 1st Avenue, Portland, Oregon 97204. ADDRESSES: Cathie Jensen, Branch of Land, Mineral, and Energy Resources. [FR Doc. 2010–9518 Filed 4–22–10; 8:45 am] BILLING CODE 4310–33–P PO 00000 Frm 00125 Fmt 4703 Sfmt 4703 RIN 0648–XU69 Habitat Conservation Plan for City of Kent, Washington AGENCY: Fish and Wildlife Service, Interior; National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of Receipt of an Application for Incidental Take Permits; Notice of Availability of a Draft Environmental Impact Statement and Draft Habitat Conservation Plan, Including a Proposed Implementation Agreement for Public Comment. SUMMARY: The City of Kent, Washington (Kent), has submitted applications to the National Marine Fisheries Service (NMFS) and U.S. Fish and Wildlife Service (FWS) (together, the Services, us) for Incidental Take Permits (Permit) under the Endangered Species Act of 1973, as amended (ESA). We jointly prepared a Draft Environmental Impact Statement (DEIS) to support permitissuance decisions by each agency. As required by the ESA, Kent has also prepared a Habitat Conservation Plan (Plan) designed to minimize and mitigate any such take of endangered or threatened species. The Permit applications are related to water withdrawal and habitat enhancement measures on Rock Creek, tributary to the Cedar River, King County, Washington. The Permit and the Plan each have a proposed term of 50 years. We request comments from the public on the DEIS, the proposed Plan, and the proposed Implementation Agreement (IA). All comments we receive will become part of the public record and will be available for review under the ESA. DATES: We must receive any written comments on the DEIS, draft Plan, and draft IA no later than June 22, 2010. ADDRESSES: Address all written comments to: Tim Romanski, U.S. Fish and Wildlife Service, 510 Desmond Drive SE, Suite 102, Lacey, WA 98503, facsimile (360) 753–9518; or John Stadler, National Marine Fisheries Service, 510 Desmond Drive SE, Suite 103, Lacey, WA 98503, facsimile (360) E:\FR\FM\23APN1.SGM 23APN1 Federal Register / Vol. 75, No. 78 / Friday, April 23, 2010 / Notices 753–9517. Alternatively, you may submit your comment by e-mail, to KentHCP.nwr@noaa.gov. In the subject line of the e-mail include the identifier ‘‘City of Kent, Clark Springs Water Supply HCP EIS.’’ Comments and materials we receive will be available for public inspection, by appointment, during normal business hours at the above addresses. To review the DEIS, the proposed Plan, and the proposed IA, see ‘‘Document Availability’’ under SUPPLEMENTARY INFORMATION. FOR FURTHER INFORMATION CONTACT: Tim Romanski, U.S. Fish and Wildlife Service, 510 Desmond Drive SE, Suite 102, Lacey, WA 98503, facsimile (360) 753–9518; or John Stadler, National Marine Fisheries Service, 510 Desmond Drive SE, Suite 103, Lacey, WA 98503, facsimile (360) 753–9517. SUPPLEMENTARY INFORMATION: Statutory Authority WReier-Aviles on DSKGBLS3C1PROD with NOTICES Section 9 of the ESA and its implementing Federal regulations prohibit the ‘‘taking’’ of a species listed as endangered or threatened. The term take is defined under the ESA to mean harass, harm, pursue, hunt, shoot, wound, kill trap, capture, or collect, or to attempt to engage in any such conduct. Harm is defined to include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding, and sheltering. Harass is defined as an intentional or negligent act or omission which creates the likelihood of injury to wildlife by annoying it to such an extent as to significantly disrupt normal behavioral patterns including breeding, feeding, and sheltering. We may issue permits, under limited circumstances, to allow the take of listed species incidental to, and not the purpose of, otherwise lawful activities. U.S. Fish and Wildlife Service regulations governing permits for endangered species are in 50 CFR 17.22 and regulations governing permits for threatened species are in 50 CFR 17.32. National Marine Fisheries Service regulations governing permits for threatened and endangered species are at 50 CFR 222.307. Background The Permit applications are related to the operation and maintenance of Kent’s Clark Springs Water Supply System adjacent to Rock Creek, King County, Washington. The Clark Springs Water Supply System consists of a spring-fed infiltration gallery and three well pumps. This facility is located adjacent VerDate Nov<24>2008 15:23 Apr 22, 2010 Jkt 220001 to Rock Creek 1.8 miles upstream of the creek’s confluence with the Cedar River. The facility is surrounded by 320 acres of Kent-owned land that is geographically separated from the City of Kent. Covered activities can be summarized as follows: • Diversions of ground and surface water under Kent’s existing water rights via infiltration gallery, well pumps, and infrastructure; • Operation and maintenance of Clark Springs Water Supply facilities; • Maintenance of 320 acres of Kentowned property as it relates to the protection of its water supply; and • Operation and maintenance of a water augmentation system for the enhancement of instream flows. The Permit applications Kent submitted to the Services address the potential take of three ESA-listed threatened species and six unlisted species that may be affected by Kent’s water withdrawal activities at the Clark Springs facility in the Rock Creek Watershed. The listed species under FWS jurisdiction is the bull trout (Salvelinus confluentus), listed as threatened. Unlisted species under FWS jurisdiction include coastal cutthroat trout (Oncorhynchus clarki clarki), Pacific lamprey (Lampetra tridentatus), and river lamprey (L. ayresi). Listed species under NMFS jurisdiction are the Puget Sound Chinook salmon (O. tshawytscha) and Puget Sound steelhead trout (O. mykiss), both listed as threatened. Unlisted species under NMFS jurisdiction include coho salmon (O. kisutch), chum salmon (O. keta), and sockeye salmon (O. nerka). We formally initiated an environmental review of the project through publication of a Notice of Intent to prepare an Environmental Impact Statement in the Federal Register on June 19, 2006 (71 FR 35286). That notice also announced a public scoping period during which interested parties were invited to provide written comments expressing their issues or concerns relating to the proposal, and to attend a public scoping meeting held in Kent, Washington. Based on public scoping comments, we prepared a DEIS to analyze the effects of alternatives on the human environment. Alternative 2 in the DEIS is described as implementation of Kent’s Plan, FWS issuance of a Permit for bull trout and other unlisted species, and NMFS issuance of a Permit for Chinook salmon, steelhead trout, and other unlisted species should they become listed in the future. The other alternative analyzed in the DEIS was Alternative 1, No-Action, under which Kent would continue operating the PO 00000 Frm 00126 Fmt 4703 Sfmt 4703 21345 Clark Springs facility without benefit of incidental take coverage from the Services. We provide this notice under ESA and NEPA regulations. We will evaluate the application, associated documents, and comments submitted thereon to determine whether the application meets the requirements of the ESA and NEPA. We will then prepare the Final Environmental Impact Statement (FEIS). Our decisions of whether to issue incidental take permits on the application will be made upon completion of the FEIS and the ESA determination. Document Availability The documents are available electronically on the World Wide Web at http://www.nwr.noaa.gov/SalmonHabitat/Habitat-Conservation-Plans/ HCPs-in-Process.cfm. Documents are also available at the following public locations: • Covington Library, 27100 164th Ave. SE, Covington, WA 98042; • Maple Valley Library, 21844 SE 248th Street, Maple Valley, WA 98038– 8582; and • Kent Library, 212 2nd Avenue North Kent, WA 98032. • City of Kent Engineering Counter, Centennial Center, Engineering 2nd Floor, 400 West Gowe Street, Kent, WA 98032. Dated: April 19, 2010. Angela Somma, Chief, Endangered Species Division, Office of Protected Resources, National Marine Fisheries Service. Dated: April 19, 2010. Carolyn A. Bohan, Acting Deputy Regional Director, U.S. Fish and Wildlife Service, Region 1, Portland, Oregon. [FR Doc. 2010–9507 Filed 4–22–10; 8:45 am] BILLING CODES 4310–55–S; 3510–22–S DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLORV00000–L10200000.DD0000; HAG 10– 230] Notice of Meeting, Southeast Oregon Resource Advisory Council AGENCY: Bureau of Land Management, Interior. ACTION: Notice of Public Meeting. SUMMARY: Pursuant to the Federal Land Policy and Management Act and the Federal Advisory Committee Act, the U.S. Department of the Interior, Bureau of Land Management (BLM) Southeast E:\FR\FM\23APN1.SGM 23APN1

Agencies

[Federal Register Volume 75, Number 78 (Friday, April 23, 2010)]
[Notices]
[Pages 21344-21345]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-9507]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R1-ES-2010-N040]
[10120-1112-0000-F2]

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XU69


Habitat Conservation Plan for City of Kent, Washington

AGENCY:  Fish and Wildlife Service, Interior; National Marine Fisheries 
Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), 
Commerce.

ACTION:  Notice of Receipt of an Application for Incidental Take 
Permits; Notice of Availability of a Draft Environmental Impact 
Statement and Draft Habitat Conservation Plan, Including a Proposed 
Implementation Agreement for Public Comment.

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SUMMARY:  The City of Kent, Washington (Kent), has submitted 
applications to the National Marine Fisheries Service (NMFS) and U.S. 
Fish and Wildlife Service (FWS) (together, the Services, us) for 
Incidental Take Permits (Permit) under the Endangered Species Act of 
1973, as amended (ESA). We jointly prepared a Draft Environmental 
Impact Statement (DEIS) to support permit-issuance decisions by each 
agency. As required by the ESA, Kent has also prepared a Habitat 
Conservation Plan (Plan) designed to minimize and mitigate any such 
take of endangered or threatened species. The Permit applications are 
related to water withdrawal and habitat enhancement measures on Rock 
Creek, tributary to the Cedar River, King County, Washington. The 
Permit and the Plan each have a proposed term of 50 years.
    We request comments from the public on the DEIS, the proposed Plan, 
and the proposed Implementation Agreement (IA). All comments we receive 
will become part of the public record and will be available for review 
under the ESA.

DATES: We must receive any written comments on the DEIS, draft Plan, 
and draft IA no later than June 22, 2010.

ADDRESSES:  Address all written comments to: Tim Romanski, U.S. Fish 
and Wildlife Service, 510 Desmond Drive SE, Suite 102, Lacey, WA 98503, 
facsimile (360) 753-9518; or John Stadler, National Marine Fisheries 
Service, 510 Desmond Drive SE, Suite 103, Lacey, WA 98503, facsimile 
(360)

[[Page 21345]]

753-9517. Alternatively, you may submit your comment by e-mail, to 
KentHCP.nwr@noaa.gov. In the subject line of the e-mail include the 
identifier ``City of Kent, Clark Springs Water Supply HCP EIS.'' 
Comments and materials we receive will be available for public 
inspection, by appointment, during normal business hours at the above 
addresses. To review the DEIS, the proposed Plan, and the proposed IA, 
see ``Document Availability'' under SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Tim Romanski, U.S. Fish and Wildlife 
Service, 510 Desmond Drive SE, Suite 102, Lacey, WA 98503, facsimile 
(360) 753-9518; or John Stadler, National Marine Fisheries Service, 510 
Desmond Drive SE, Suite 103, Lacey, WA 98503, facsimile (360) 753-9517.

SUPPLEMENTARY INFORMATION:

Statutory Authority

    Section 9 of the ESA and its implementing Federal regulations 
prohibit the ``taking'' of a species listed as endangered or 
threatened. The term take is defined under the ESA to mean harass, 
harm, pursue, hunt, shoot, wound, kill trap, capture, or collect, or to 
attempt to engage in any such conduct. Harm is defined to include 
significant habitat modification or degradation where it actually kills 
or injures wildlife by significantly impairing essential behavioral 
patterns, including breeding, feeding, and sheltering. Harass is 
defined as an intentional or negligent act or omission which creates 
the likelihood of injury to wildlife by annoying it to such an extent 
as to significantly disrupt normal behavioral patterns including 
breeding, feeding, and sheltering.
    We may issue permits, under limited circumstances, to allow the 
take of listed species incidental to, and not the purpose of, otherwise 
lawful activities. U.S. Fish and Wildlife Service regulations governing 
permits for endangered species are in 50 CFR 17.22 and regulations 
governing permits for threatened species are in 50 CFR 17.32. National 
Marine Fisheries Service regulations governing permits for threatened 
and endangered species are at 50 CFR 222.307.

Background

    The Permit applications are related to the operation and 
maintenance of Kent's Clark Springs Water Supply System adjacent to 
Rock Creek, King County, Washington. The Clark Springs Water Supply 
System consists of a spring-fed infiltration gallery and three well 
pumps. This facility is located adjacent to Rock Creek 1.8 miles 
upstream of the creek's confluence with the Cedar River. The facility 
is surrounded by 320 acres of Kent-owned land that is geographically 
separated from the City of Kent. Covered activities can be summarized 
as follows:
     Diversions of ground and surface water under Kent's 
existing water rights via infiltration gallery, well pumps, and 
infrastructure;
     Operation and maintenance of Clark Springs Water Supply 
facilities;
     Maintenance of 320 acres of Kent-owned property as it 
relates to the protection of its water supply; and
     Operation and maintenance of a water augmentation system 
for the enhancement of instream flows.
    The Permit applications Kent submitted to the Services address the 
potential take of three ESA-listed threatened species and six unlisted 
species that may be affected by Kent's water withdrawal activities at 
the Clark Springs facility in the Rock Creek Watershed. The listed 
species under FWS jurisdiction is the bull trout (Salvelinus 
confluentus), listed as threatened. Unlisted species under FWS 
jurisdiction include coastal cutthroat trout (Oncorhynchus clarki 
clarki), Pacific lamprey (Lampetra tridentatus), and river lamprey (L. 
ayresi). Listed species under NMFS jurisdiction are the Puget Sound 
Chinook salmon (O. tshawytscha) and Puget Sound steelhead trout (O. 
mykiss), both listed as threatened. Unlisted species under NMFS 
jurisdiction include coho salmon (O. kisutch), chum salmon (O. keta), 
and sockeye salmon (O. nerka).
    We formally initiated an environmental review of the project 
through publication of a Notice of Intent to prepare an Environmental 
Impact Statement in the Federal Register on June 19, 2006 (71 FR 
35286). That notice also announced a public scoping period during which 
interested parties were invited to provide written comments expressing 
their issues or concerns relating to the proposal, and to attend a 
public scoping meeting held in Kent, Washington.
    Based on public scoping comments, we prepared a DEIS to analyze the 
effects of alternatives on the human environment. Alternative 2 in the 
DEIS is described as implementation of Kent's Plan, FWS issuance of a 
Permit for bull trout and other unlisted species, and NMFS issuance of 
a Permit for Chinook salmon, steelhead trout, and other unlisted 
species should they become listed in the future. The other alternative 
analyzed in the DEIS was Alternative 1, No-Action, under which Kent 
would continue operating the Clark Springs facility without benefit of 
incidental take coverage from the Services.
    We provide this notice under ESA and NEPA regulations. We will 
evaluate the application, associated documents, and comments submitted 
thereon to determine whether the application meets the requirements of 
the ESA and NEPA. We will then prepare the Final Environmental Impact 
Statement (FEIS). Our decisions of whether to issue incidental take 
permits on the application will be made upon completion of the FEIS and 
the ESA determination.

Document Availability

    The documents are available electronically on the World Wide Web at 
http://www.nwr.noaa.gov/Salmon-Habitat/Habitat-Conservation-Plans/HCPs-in-Process.cfm.
    Documents are also available at the following public locations:
     Covington Library, 27100 164th Ave. SE, Covington, WA 
98042;
     Maple Valley Library, 21844 SE 248th Street, Maple Valley, 
WA 98038-8582; and
     Kent Library, 212 2nd Avenue North Kent, WA 98032.
     City of Kent Engineering Counter, Centennial Center, 
Engineering 2nd Floor, 400 West Gowe Street, Kent, WA 98032.

    Dated: April 19, 2010.
Angela Somma,
Chief, Endangered Species Division, Office of Protected Resources, 
National Marine Fisheries Service.

    Dated: April 19, 2010.
Carolyn A. Bohan,
Acting Deputy Regional Director, U.S. Fish and Wildlife Service, Region 
1, Portland, Oregon.
[FR Doc. 2010-9507 Filed 4-22-10; 8:45 am]
BILLING CODES 4310-55-S; 3510-22-S