Habitat Conservation Plan for the United Water Conservation District, Santa Clara River Watershed, Ventura County, California, 67336-67338 [2013-27002]
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Federal Register / Vol. 78, No. 218 / Tuesday, November 12, 2013 / Notices
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[FR Doc. 2013–27010 Filed 11–8–13; 8:45 am]
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National Oceanic and Atmospheric
Administration
DEPARTMENT OF THE INTERIOR
[FWS–R8–ES–2013–N182]
Habitat Conservation Plan for the
United Water Conservation District,
Santa Clara River Watershed, Ventura
County, California
National Marine Fisheries
Service, National Oceanic and
Atmospheric Administration (NOAA),
Commerce; Fish and Wildlife Service,
Interior.
ACTION: Notice of intent to prepare an
environmental impact statement (EIS)
and notice of public scoping meetings.
AGENCY:
We, the National Marine
Fisheries Service and Fish and Wildlife
Service (Services), in cooperation with
the Army Corps of Engineers, intend to
prepare an EIS under the National
Environmental Policy Act (NEPA)
regarding expected applications from
the United Water Conservation District
(United) for incidental take permits
under the Federal Endangered Species
Act of 1973, as amended (ESA). The EIS
will analyze the environmental effects
of the Services’ proposed issuance of
incidental take permits for United’s
construction, operations, and
maintenance of water management
facilities within the lower Santa Clara
River watershed, Ventura County,
California. The Services also provide
this notice to announce a public scoping
period, during which we invite other
agencies, Tribes, and the public to
submit written comments providing
suggestions and information on issues
and alternatives to include in the EIS.
DATES: To ensure consideration of any
written comments, please submit them
by January 13, 2014. Public meetings
will be held on December 12, 2013, from
1 p.m. to 3 p.m. and 6 p.m. to 8 p.m.
ADDRESSES: The public meetings will be
held at Courtyard by Marriott, 600 East
Esplanade Drive, Oxnard, CA 93036. To
request further information or submit
information related to preparation of the
EIS, please use one of the following
methods:
1. U.S. Mail: You may mail written
information and comments to: Darren
Brumback, National Marine Fisheries
Service, Southwest Regional Office, 501
West Ocean Blvd., Suite 4200, Long
Beach, CA 90802; or David Simmons,
SUMMARY:
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Ventura Fish and Wildlife Office, 2493
Portola Rd, Suite B, Ventura, CA 93003.
2. In-Person Drop-off: You may handdeliver written information and
comments to either U.S. mail address
above.
3. Email: You may submit information
and comments by electronic mail to:
unitedwaterhcp@noaa.gov. If submitting
an electronic mail attachment, please
use one of these document formats:
Adobe portable document format (.pdf),
Microsoft Word (.doc, .docx), rich text
file (.rtf), ASCII or Unicode plaintext
(.txt), Microsoft Excel (.xls, .xlsx), Word
Perfect (.wpd), or Microsoft Works
(.wps).
FOR FURTHER INFORMATION CONTACT:
Darren Brumback, by mail at the address
above or by telephone at 562–980–4060;
or David Simmons, by mail at the
address above or by telephone at 805–
644–1766. If you use a
telecommunications device for the deaf,
please call the Federal Information
Relay Service at 800–877–8339 or visit
Federal Relay at https://
www.federalrelay.us/. Information
regarding this proposed action is
available in alternative formats upon
request.
SUPPLEMENTARY INFORMATION: The
Services publish this notice under the
National Environmental Policy Act of
1969, as amended (42 U.S.C. 4321 et
seq.), and its implementing regulations
in the Code of Federal Regulations at 40
CFR 1506.6, and pursuant to section
10(c) of the ESA. We intend to prepare
a draft EIS to evaluate the impacts of
several alternatives related to the
potential issuance of incidental take
permits to United, as well as impacts of
the implementation of the supporting
proposed Multiple Species Habitat
Conservation Plan (HCP). The permits
would authorize the incidental take of
threatened and endangered species that
could occur as a result of United’s
current and future water management
activities. United intends to request a
50-year permit covering five species
federally listed as threatened or
endangered and six species that are not
federally listed but may become listed
during the term of the permit.
For preparation of the EIS under
NEPA, the Services will serve as co-lead
Federal agencies, and the Corps will
serve as a cooperating agency. The
primary purpose of the scoping process
is for the public and other agencies to
assist in developing the EIS by
identifying important issues and
alternatives related to the HCP and the
Services’ proposed action (issuance of
incidental take permits). As a
cooperating agency, the Corps will assist
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Federal Register / Vol. 78, No. 218 / Tuesday, November 12, 2013 / Notices
the Services in developing the EIS and
determine whether to adopt the EIS to
support issuance of permits for
proposed activities that are specifically
regulated under section 404 of the Clean
Water Act.
Additionally, United will post a
separate notice of preparation for an
environmental impact report (EIR) in
compliance with the California
Environmental Quality Act (CEQA) and
in support of United’s application for
State incidental take permits under
Section 2081 of the California
Endangered Species Act. The public
scoping meeting identified in this notice
will be concurrent with United’s public
scoping meeting regarding development
of an EIR under CEQA.
emcdonald on DSK67QTVN1PROD with NOTICES
Background
Section 9 of the ESA (16 U.S.C. 1531
et seq.) and its implementing
regulations prohibit the ‘‘take’’ of
animal species listed as endangered or
threatened. The ESA 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
U.S.C. 1532(19)). ‘‘Harm’’ includes
significant habitat modification or
degradation that actually kills or injures
listed wildlife, including listed fish, 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).
Under section 10(a) of the ESA, the
Services may issue permits to authorize
‘‘incidental take’’ of listed animal
species. ‘‘Incidental take’’ is defined by
the ESA 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 at 50 CFR 13 and 50
CFR 17. NMFS’ regulations governing
permits for threatened and endangered
species are at 50 CFR 222.22.
Section 10(a)(1)(B) of the ESA
contains provisions for issuing
incidental take permits to non-Federal
entities for the take of endangered and
threatened species, provided the
following criteria are met:
• The taking will be incidental;
• The applicants will, to the
maximum extent practicable, minimize
and mitigate the impact of such taking;
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• The applicants will develop a
proposed HCP and ensure that adequate
funding for the plan will be provided;
• The taking will not appreciably
reduce the likelihood of the survival
and recovery of the species in the wild;
and
• The applicants will carry out any
other measures that the Services may
require as being necessary or
appropriate for the purposes of the HCP.
Additionally, applicants must satisfy
the issuance criteria established by the
Services (50 CFR 17.22(b)(2) and 50 CFR
222.307). Issued permits include
assurances for the applicant under the
Services’ ‘‘No Surprises’’ regulations (50
CFR 17.22(b)(5) and 17.32(b)(5)).
Proposed Plan
In accordance with section 10(a)(2)(A)
of the ESA, United is preparing an HCP
to support an application for a permit
from each of the Services to incidentally
take listed animal species. The
following summarizes information
provided by United regarding its HCP.
United is currently proposing to cover
11 species (Covered Species) under the
HCP, including 5 federally listed species
and 6 unlisted species that may become
listed during the term of the permits.
The five federally listed species are the
southern California steelhead
(Oncorhynchus mykiss), tidewater goby
(Eucyclogobius newberryi), least Bell’s
vireo (Vireo bellii pusillus),
southwestern willow flycatcher
(Empidonax trallii extimus), and
California least tern (Sterna antillarum
browni). The six unlisted species
proposed for coverage are the Pacific
lamprey (Entosphenus (=Lampetra)
tridentata), western yellow-billed
cuckoo (Coccyzus americanus), yellowbreasted chat (Icteria virens), yellow
warbler (Dendroica petechia), twostriped garter snake (Thamnophis
hammondii), and western pond turtle
(Actinemys (=Clemmys) marmorata).
Species may be added or deleted during
the course of proposed HCP
development based on further analysis,
new information, agency consultation,
and public comment.
The geographic area proposed to be
covered by the HCP includes portions of
the lower Santa Clara River watershed
downstream of the city of Santa Paula,
California. The HCP would cover
construction, operations, and
maintenance of United’s facilities at and
near the Vern Freeman Diversion Dam
(Freeman Diversion) near Saticoy,
California. ‘‘Covered Activities’’
include, but are not limited to:
Construction of a new fish-passage
facility; operation and maintenance of
the Freeman Diversion; diversion of
water from the Santa Clara River;
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67337
vegetation management; and operation
and maintenance of fish-passage
facilities, settling ponds/spreading
grounds, and water conveyance
structures (i.e., pipes, canals, etc.).
United expects that Covered Activities
could have direct and/or indirect effects
on the Covered Species from the
vicinity of the Freeman Diversion to the
Santa Clara River estuary, a distance of
approximately 10 river miles.
The Services expect the proposed
HCP to minimize and mitigate to the
maximum extent practicable any effects
on Covered Species resulting from
Covered Activities, through
implementation of a conservation
program that includes conservation
actions and monitoring, which will be
fully described in the proposed HCP.
This conservation program will focus on
providing for the long-term management
of biological communities that support
Covered Species in the plan area.
Environmental Impact Statement
NEPA (42 U.S.C. 4321 et seq.) requires
that Federal agencies conduct an
environmental analysis of their
proposed actions to determine if the
actions may significantly affect the
human environment. Based on 40 CFR
1508.27 and 40 CFR 1508.2, the Services
have determined that the proposed HCP
may have significant effects on the
human environment. Therefore, before
deciding whether to issue Federal
incidental take permits to United, the
Services will prepare an EIS to analyze
the environmental impacts associated
with issuance of the incidental take
permits.
The EIS will include a reasonable
range of alternatives to the proposed
project, and the alternatives will be
considered in the Services’
environmental review. The EIS will
consider the impacts of the proposed
action, the issuance of section
10(a)(1)(B) permits under the ESA, and
of several alternatives, including but not
limited to, variations in the levels,
location, and types of conservation; the
scope of 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. Further, the EIS will identify
and describe direct, indirect, and
cumulative impacts on biological
resources, land use, air quality, water
quality, water resources, socioeconomics, climate, and other
environmental resources that could
occur with the implementation of the
proposed action and alternatives. The
Services will also identify measures,
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Federal Register / Vol. 78, No. 218 / Tuesday, November 12, 2013 / Notices
suggestions and information on the
scope of issues and alternatives for the
Services to consider when drafting the
EIS. Written comments will be accepted
at the meetings. Comments can also be
submitted by the methods listed in the
ADDRESSES section. Once the draft EIS
and proposed HCP are complete and
made available for review, there will be
an opportunity for public comment on
the content of those documents through
an additional public comment period.
Public Comments
We request data, comments, new
information, or suggestions from the
public, other governmental agencies, the
scientific community, Tribes, industry,
or any other interested party on this
notice. We will consider these
comments in developing a draft EIS. We
seek specific comments on:
1. Biological information and relevant
data concerning the Covered Species;
2. Additional information concerning
the range, distribution, population size,
and population trends of the Covered
Species;
3. Direct, indirect, and cumulative
impacts that implementation of the
proposed Covered Activities could have
on endangered, threatened, and other
Covered Species, and their communities
and habitats;
4. Other possible alternatives that the
Services should consider;
5. Other current or planned activities
in the subject area and their possible
impacts on the Covered Species;
6. 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
7. Identification of any other
environmental issues that should be
considered with regard to the proposed
HCP and permit action.
You may submit your comments and
materials by one of the methods listed
in the ADDRESSES section. Written
comments also will be accepted at the
scoping meeting.
emcdonald on DSK67QTVN1PROD with NOTICES
consistent with NEPA and other
relevant considerations of national
policy, to avoid or minimize any
significant effects of the proposed action
on the quality of the human
environment. Following completion of
the environmental review, the Services
will publish a notice of availability and
a request for comment on a draft EIS
and the applicant’s permit application,
which will include a draft of the
proposed HCP.
Meeting Location Accommodations
Scoping Meeting
See DATES for the date and time of the
public meeting. The scoping meeting is
intended to provide the public with a
general understanding of the
background of the proposed HCP and
activities it would cover, alternative
proposals under consideration for the
draft EIS, and the Services’ role and
steps to be taken to develop the draft
EIS.
The primary purpose of the meeting
and public comment period is to solicit
Marine Protected Areas Federal
Advisory Committee; Public Meeting
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Persons needing reasonable
accommodations to attend and
participate in the public meeting should
contact Darren Brumback at 562–980–
4060 or David Simmons at 805–644–
1766. To allow sufficient time to process
requests, please call no later than 1
week before the public meeting. If you
use a telecommunications device for the
deaf, please call the Federal Information
Relay Service at 800–877–8339 or visit
Federal Relay at https://
www.federalrelay.us/. Information
regarding this proposed action may be
available in alternative formats upon
request.
Authority
We provide this notice under section
10 of the ESA (16 U.S.C. 1531 et seq.)
and per NEPA Regulations (40 CFR
1501.7, 40 CFR 1506.6, and 1508.22).
Dated: November 5, 2013.
Angela Somma,
Chief, Endangered Species Division, Office
of Protected Resources, National Marine
Fisheries Service.
Dated: November 5, 2013.
Alexandra Pitts,
Deputy Regional Director, Pacific Southwest
Region, U. S. Fish and Wildlife Service,
Sacramento, California.
[FR Doc. 2013–27002 Filed 11–8–13; 8:45 am]
BILLING CODE 3510–22–P; 4310–55–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Office of National Marine
Sanctuaries (ONMS), National Ocean
Service (NOS), National Oceanic and
Atmospheric Administration (NOAA),
Department of Commerce (DOC).
ACTION: Notice of open meeting.
AGENCY:
Notice is hereby given of a
meeting via web conference call of the
Marine Protected Areas Federal
Advisory Committee (Committee). The
SUMMARY:
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web conference calls are open to the
public, and participants can dial in to
the calls. Participants who choose to use
the web conferencing feature in addition
to the audio will be able to view the
presentations as they are being given.
Members of the public wishing
to participate in the meeting must
register in advance by December 2,
2013. The meeting will be held
Tuesday, December 3, from 2:00 to 4:00
p.m. EST. These times and the agenda
topics described below are subject to
change. Refer to the Web page listed
below for the most up-to-date meeting
agenda.
DATES:
The meeting will be held
via web conference call. Register by
contacting Lauren Wenzel at
lauren.wenzel@noaa.gov or 301–713–
7265. Webinar and teleconference
capacity may be limited.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Lauren Wenzel, Acting Designated
Federal Officer, MPA FAC, National
Marine Protected Areas Center, 1305
East West Highway, Silver Spring,
Maryland 20910. (Phone: 301–713–
7265, Fax: 301–713–3110); email:
lauren.wenzel@noaa.gov; or visit the
National MPA Center Web site at https://
www.marineprotectedareas.noaa.gov).
The
Committee, composed of external,
knowledgeable representatives of
stakeholder groups, was established by
the Department of Commerce (DOC) to
provide advice to the Secretaries of
Commerce and the Interior on
implementation of Section 4 of
Executive Order 13158, on marine
protected areas.
Matters To Be Considered: The focus
of the Committee’s meeting is the
Subcommittee workplans and their
implementation (Recreation and
Tourism Subcommittee and Stakeholder
Engagement Subcommittee). The
Committee will also hear updates from
the National Oceanic and Atmospheric
Administration and the Department of
the Interior. The agenda is subject to
change. The latest version will be
posted at https://
www.marineprotectedareas.noaa.gov.
SUPPLEMENTARY INFORMATION:
Dated: October 30, 2013.
Daniel J. Basta,
Director, Office of National Marine
Sanctuaries, National Ocean Service,
National Oceanic and Atmospheric
Administration.
[FR Doc. 2013–26958 Filed 11–8–13; 8:45 am]
BILLING CODE 3510–NK–P
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]]>Agencies
[Federal Register Volume 78, Number 218 (Tuesday, November 12, 2013)]
[Notices]
[Pages 67336-67338]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-27002]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
RIN 0648-XC961
[FWS-R8-ES-2013-N182]
Habitat Conservation Plan for the United Water Conservation
District, Santa Clara River Watershed, Ventura County, California
AGENCY: National Marine Fisheries Service, National Oceanic and
Atmospheric Administration (NOAA), Commerce; Fish and Wildlife Service,
Interior.
ACTION: Notice of intent to prepare an environmental impact statement
(EIS) and notice of public scoping meetings.
-----------------------------------------------------------------------
SUMMARY: We, the National Marine Fisheries Service and Fish and
Wildlife Service (Services), in cooperation with the Army Corps of
Engineers, intend to prepare an EIS under the National Environmental
Policy Act (NEPA) regarding expected applications from the United Water
Conservation District (United) for incidental take permits under the
Federal Endangered Species Act of 1973, as amended (ESA). The EIS will
analyze the environmental effects of the Services' proposed issuance of
incidental take permits for United's construction, operations, and
maintenance of water management facilities within the lower Santa Clara
River watershed, Ventura County, California. The Services also provide
this notice to announce a public scoping period, during which we invite
other agencies, Tribes, and the public to submit written comments
providing suggestions and information on issues and alternatives to
include in the EIS.
DATES: To ensure consideration of any written comments, please submit
them by January 13, 2014. Public meetings will be held on December 12,
2013, from 1 p.m. to 3 p.m. and 6 p.m. to 8 p.m.
ADDRESSES: The public meetings will be held at Courtyard by Marriott,
600 East Esplanade Drive, Oxnard, CA 93036. To request further
information or submit information related to preparation of the EIS,
please use one of the following methods:
1. U.S. Mail: You may mail written information and comments to:
Darren Brumback, National Marine Fisheries Service, Southwest Regional
Office, 501 West Ocean Blvd., Suite 4200, Long Beach, CA 90802; or
David Simmons, Ventura Fish and Wildlife Office, 2493 Portola Rd, Suite
B, Ventura, CA 93003.
2. In-Person Drop-off: You may hand-deliver written information and
comments to either U.S. mail address above.
3. Email: You may submit information and comments by electronic
mail to: unitedwaterhcp@noaa.gov. If submitting an electronic mail
attachment, please use one of these document formats: Adobe portable
document format (.pdf), Microsoft Word (.doc, .docx), rich text file
(.rtf), ASCII or Unicode plaintext (.txt), Microsoft Excel (.xls,
.xlsx), Word Perfect (.wpd), or Microsoft Works (.wps).
FOR FURTHER INFORMATION CONTACT: Darren Brumback, by mail at the
address above or by telephone at 562-980-4060; or David Simmons, by
mail at the address above or by telephone at 805-644-1766. If you use a
telecommunications device for the deaf, please call the Federal
Information Relay Service at 800-877-8339 or visit Federal Relay at
https://www.federalrelay.us/. Information regarding this proposed action
is available in alternative formats upon request.
SUPPLEMENTARY INFORMATION: The Services publish this notice under the
National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321
et seq.), and its implementing regulations in the Code of Federal
Regulations at 40 CFR 1506.6, and pursuant to section 10(c) of the ESA.
We intend to prepare a draft EIS to evaluate the impacts of several
alternatives related to the potential issuance of incidental take
permits to United, as well as impacts of the implementation of the
supporting proposed Multiple Species Habitat Conservation Plan (HCP).
The permits would authorize the incidental take of threatened and
endangered species that could occur as a result of United's current and
future water management activities. United intends to request a 50-year
permit covering five species federally listed as threatened or
endangered and six species that are not federally listed but may become
listed during the term of the permit.
For preparation of the EIS under NEPA, the Services will serve as
co-lead Federal agencies, and the Corps will serve as a cooperating
agency. The primary purpose of the scoping process is for the public
and other agencies to assist in developing the EIS by identifying
important issues and alternatives related to the HCP and the Services'
proposed action (issuance of incidental take permits). As a cooperating
agency, the Corps will assist
[[Page 67337]]
the Services in developing the EIS and determine whether to adopt the
EIS to support issuance of permits for proposed activities that are
specifically regulated under section 404 of the Clean Water Act.
Additionally, United will post a separate notice of preparation for
an environmental impact report (EIR) in compliance with the California
Environmental Quality Act (CEQA) and in support of United's application
for State incidental take permits under Section 2081 of the California
Endangered Species Act. The public scoping meeting identified in this
notice will be concurrent with United's public scoping meeting
regarding development of an EIR under CEQA.
Background
Section 9 of the ESA (16 U.S.C. 1531 et seq.) and its implementing
regulations prohibit the ``take'' of animal species listed as
endangered or threatened. The ESA 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
U.S.C. 1532(19)). ``Harm'' includes significant habitat modification or
degradation that actually kills or injures listed wildlife, including
listed fish, 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).
Under section 10(a) of the ESA, the Services may issue permits to
authorize ``incidental take'' of listed animal species. ``Incidental
take'' is defined by the ESA 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 at 50 CFR 13 and 50 CFR 17. NMFS' regulations
governing permits for threatened and endangered species are at 50 CFR
222.22.
Section 10(a)(1)(B) of the ESA contains provisions for issuing
incidental take permits to non-Federal entities for the take of
endangered and threatened species, provided the following criteria are
met:
The taking will be incidental;
The applicants will, to the maximum extent practicable,
minimize and mitigate the impact of such taking;
The applicants will develop a proposed HCP and ensure that
adequate funding for the plan will be provided;
The taking will not appreciably reduce the likelihood of
the survival and recovery of the species in the wild; and
The applicants will carry out any other measures that the
Services may require as being necessary or appropriate for the purposes
of the HCP.
Additionally, applicants must satisfy the issuance criteria
established by the Services (50 CFR 17.22(b)(2) and 50 CFR 222.307).
Issued permits include assurances for the applicant under the Services'
``No Surprises'' regulations (50 CFR 17.22(b)(5) and 17.32(b)(5)).
Proposed Plan
In accordance with section 10(a)(2)(A) of the ESA, United is
preparing an HCP to support an application for a permit from each of
the Services to incidentally take listed animal species. The following
summarizes information provided by United regarding its HCP.
United is currently proposing to cover 11 species (Covered Species)
under the HCP, including 5 federally listed species and 6 unlisted
species that may become listed during the term of the permits. The five
federally listed species are the southern California steelhead
(Oncorhynchus mykiss), tidewater goby (Eucyclogobius newberryi), least
Bell's vireo (Vireo bellii pusillus), southwestern willow flycatcher
(Empidonax trallii extimus), and California least tern (Sterna
antillarum browni). The six unlisted species proposed for coverage are
the Pacific lamprey (Entosphenus (=Lampetra) tridentata), western
yellow-billed cuckoo (Coccyzus americanus), yellow-breasted chat
(Icteria virens), yellow warbler (Dendroica petechia), two-striped
garter snake (Thamnophis hammondii), and western pond turtle (Actinemys
(=Clemmys) marmorata). Species may be added or deleted during the
course of proposed HCP development based on further analysis, new
information, agency consultation, and public comment.
The geographic area proposed to be covered by the HCP includes
portions of the lower Santa Clara River watershed downstream of the
city of Santa Paula, California. The HCP would cover construction,
operations, and maintenance of United's facilities at and near the Vern
Freeman Diversion Dam (Freeman Diversion) near Saticoy, California.
``Covered Activities'' include, but are not limited to: Construction of
a new fish-passage facility; operation and maintenance of the Freeman
Diversion; diversion of water from the Santa Clara River; vegetation
management; and operation and maintenance of fish-passage facilities,
settling ponds/spreading grounds, and water conveyance structures
(i.e., pipes, canals, etc.). United expects that Covered Activities
could have direct and/or indirect effects on the Covered Species from
the vicinity of the Freeman Diversion to the Santa Clara River estuary,
a distance of approximately 10 river miles.
The Services expect the proposed HCP to minimize and mitigate to
the maximum extent practicable any effects on Covered Species resulting
from Covered Activities, through implementation of a conservation
program that includes conservation actions and monitoring, which will
be fully described in the proposed HCP. This conservation program will
focus on providing for the long-term management of biological
communities that support Covered Species in the plan area.
Environmental Impact Statement
NEPA (42 U.S.C. 4321 et seq.) requires that Federal agencies
conduct an environmental analysis of their proposed actions to
determine if the actions may significantly affect the human
environment. Based on 40 CFR 1508.27 and 40 CFR 1508.2, the Services
have determined that the proposed HCP may have significant effects on
the human environment. Therefore, before deciding whether to issue
Federal incidental take permits to United, the Services will prepare an
EIS to analyze the environmental impacts associated with issuance of
the incidental take permits.
The EIS will include a reasonable range of alternatives to the
proposed project, and the alternatives will be considered in the
Services' environmental review. The EIS will consider the impacts of
the proposed action, the issuance of section 10(a)(1)(B) permits under
the ESA, and of several alternatives, including but not limited to,
variations in the levels, location, and types of conservation; the
scope of 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. Further, the EIS will identify
and describe direct, indirect, and cumulative impacts on biological
resources, land use, air quality, water quality, water resources,
socio-economics, climate, and other environmental resources that could
occur with the implementation of the proposed action and alternatives.
The Services will also identify measures,
[[Page 67338]]
consistent with NEPA and other relevant considerations of national
policy, to avoid or minimize any significant effects of the proposed
action on the quality of the human environment. Following completion of
the environmental review, the Services will publish a notice of
availability and a request for comment on a draft EIS and the
applicant's permit application, which will include a draft of the
proposed HCP.
Public Comments
We request data, comments, new information, or suggestions from the
public, other governmental agencies, the scientific community, Tribes,
industry, or any other interested party on this notice. We will
consider these comments in developing a draft EIS. We seek specific
comments on:
1. Biological information and relevant data concerning the Covered
Species;
2. Additional information concerning the range, distribution,
population size, and population trends of the Covered Species;
3. Direct, indirect, and cumulative impacts that implementation of
the proposed Covered Activities could have on endangered, threatened,
and other Covered Species, and their communities and habitats;
4. Other possible alternatives that the Services should consider;
5. Other current or planned activities in the subject area and
their possible impacts on the Covered Species;
6. 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
7. Identification of any other environmental issues that should be
considered with regard to the proposed HCP and permit action.
You may submit your comments and materials by one of the methods
listed in the ADDRESSES section. Written comments also will be accepted
at the scoping meeting.
Scoping Meeting
See DATES for the date and time of the public meeting. The scoping
meeting is intended to provide the public with a general understanding
of the background of the proposed HCP and activities it would cover,
alternative proposals under consideration for the draft EIS, and the
Services' role and steps to be taken to develop the draft EIS.
The primary purpose of the meeting and public comment period is to
solicit suggestions and information on the scope of issues and
alternatives for the Services to consider when drafting the EIS.
Written comments will be accepted at the meetings. Comments can also be
submitted by the methods listed in the ADDRESSES section. Once the
draft EIS and proposed HCP are complete and made available for review,
there will be an opportunity for public comment on the content of those
documents through an additional public comment period.
Meeting Location Accommodations
Persons needing reasonable accommodations to attend and participate
in the public meeting should contact Darren Brumback at 562-980-4060 or
David Simmons at 805-644-1766. To allow sufficient time to process
requests, please call no later than 1 week before the public meeting.
If you use a telecommunications device for the deaf, please call the
Federal Information Relay Service at 800-877-8339 or visit Federal
Relay at https://www.federalrelay.us/. Information regarding this
proposed action may be available in alternative formats upon request.
Authority
We provide this notice under section 10 of the ESA (16 U.S.C. 1531
et seq.) and per NEPA Regulations (40 CFR 1501.7, 40 CFR 1506.6, and
1508.22).
Dated: November 5, 2013.
Angela Somma,
Chief, Endangered Species Division, Office of Protected Resources,
National Marine Fisheries Service.
Dated: November 5, 2013.
Alexandra Pitts,
Deputy Regional Director, Pacific Southwest Region, U. S. Fish and
Wildlife Service, Sacramento, California.
[FR Doc. 2013-27002 Filed 11-8-13; 8:45 am]
BILLING CODE 3510-22-P; 4310-55-P
