Dos Osos Reservoir Replacement Project, Contra Costa County, California; Draft Categorical Exclusion and Draft Habitat Conservation Plan, 27236-27237 [2020-09804]

Download as PDF 27236 Federal Register / Vol. 85, No. 89 / Thursday, May 7, 2020 / Notices Information collection Number of respondents Frequency of response Burden hour per response Annual burden hours Hourly cost per response Annual cost NSP 3 TA ..................... RC & Section 4 ............ 62.00 94.00 21.50 4.60 1,333.00 432.00 1.09 1.46 1,452.04 632.00 26.45 37.70 38,406.46 23,826.40 Total ...................... 1,981.00 ........................ 33,955.00 ........................ 39,193.00 ........................ 1,043,764.85 B. Solicitation of Public Comment This notice is soliciting comments from members of the public and affected parties concerning the collection of information described in Section A on the following: (1) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) The accuracy of the agency’s estimate of the burden of the proposed collection of information; (3) Ways to enhance the quality, utility, and clarity of the information to be collected; and (4) Ways to minimize the burden of the collection of information on those who are to respond; including through the use of appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. HUD encourages interested parties to submit comment in response to these questions. C. Authority Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35. Dated: April 28, 2020. Anna P. Guido, Department Reports Management Officer, Office of the Chief Information Officer. [FR Doc. 2020–09775 Filed 5–6–20; 8:45 am] BILLING CODE 4210–67–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [Docket No. FWS–R8–ES–2020–0039; FF08ESMF00–FXES11140800000–189] khammond on DSKJM1Z7X2PROD with NOTICES Responses per annum Dos Osos Reservoir Replacement Project, Contra Costa County, California; Draft Categorical Exclusion and Draft Habitat Conservation Plan Fish and Wildlife Service, Interior. ACTION: Notice of availability of permit application; request for comment. AGENCY: We, the U.S. Fish and Wildlife Service, announce the SUMMARY: VerDate Sep<11>2014 16:45 May 06, 2020 Jkt 250001 availability of a draft categorical exclusion under the National Environmental Policy Act. We also announce receipt of an application for an incidental take permit under the Endangered Species Act (ESA), and receipt of a draft habitat conservation plan. The East Bay Municipal Utility District (EBMUD) (applicant) has applied for an incidental take permit under the ESA for the Dos Osos Reservoir Replacement Project in Contra Costa County, California. The permit would authorize the take of one species incidental to the construction of the project. Incidental take coverage is not being sought for operation and maintenance of the project, as these activities are covered, analyzed, and mitigated for under the existing EBMUD Low-Effect East Bay HCP. We invite the public and local, State, Tribal, and Federal agencies to comment on these applications. Before issuing the requested permit, we will take into consideration any information that we receive during the public comment period. DATES: We must receive your written comments on or before June 8, 2020. ADDRESSES: Obtaining Documents: The draft categorical exclusion (draft CatEx), draft habitat conservation plan (HCP), and any comments and other materials that we receive are available for public inspection at http:// www.regulations.gov in Docket No. FWS–R8–ES–2020–0039. Submitting Comments: To submit comments, please use one of the following methods, and note that your information requests or comments are in reference to the draft CatEx, draft HCP, or both. • Internet: Submit comments at http://www.regulations.gov under Docket No. FWS–R8–ES–2020–0039. • U.S. Mail: Public Comments Processing, Attn: Docket No. FWS–R8– ES–2020–0039; U.S. Fish and Wildlife Service Headquarters, MS: PRB/3W; 5275 Leesburg Pike; Falls Church, VA 22041–3803. For more information, see Public Comments and Public Availability of Comments, under SUPPLEMENTARY INFORMATION. FOR FURTHER INFORMATION CONTACT: Jason Hanni, Fish and Wildlife PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 Biologist, or Ryan Olah, Chief, Coast Bay Division, Fish and Wildlife Service, Sacramento Fish and Wildlife Office, by phone at 916–414–6600 or via the Federal Relay Service at 800–877–8339. SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service (Service), announce the availability of a draft categorical exclusion (CatEx), prepared pursuant to the National Environmental Policy Act of 1969, as amended (NEPA; 42 U.S.C. 4321 et seq.), and its implementing regulations in the Code of Federal Regulations (CFR) at 40 CFR 1506.6. This notice also announces the receipt of an application from the East Bay Municipal Utility District (EBMUD) (applicant) for a 15-year incidental take permit (ITP) under the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.). Application for the permit requires the preparation of an HCP with measures to avoid, minimize, and mitigate the impacts of incidental take to the maximum extent practicable. The applicant prepared the draft Los Osos Reservoir Replacement Project Low-Effect Habitat Conservation Plan (draft HCP) pursuant to section 10(a)(1)(B) of the ESA. The purpose of the CatEx is to assess the effects of issuing the permit and implementing the draft HCP on the natural and human environment. Background Section 9 of the ESA (16 U.S.C. 1531– 1544 et seq.) and Federal regulations (50 CFR 17) prohibit the taking of fish and wildlife species listed as endangered or threatened under section 4 of the ESA. Regulations governing permits for endangered and threatened species are at 50 CFR 17.22 and 17.32. For more about the Federal habitat conservation plan (HCP) program, go to http:// www.fws.gov/endangered/esa-library/ pdf/hcp.pdf. National Environmental Policy Act Compliance The proposed permit issuance triggers the need for compliance with the National Environmental Policy Act of 1969, as amended (NEPA; 42 U.S.C. 4321 et seq.). The draft CatEx was prepared to analyze the impacts of issuing an ITP based on the draft HCP and to inform the public of the proposed action, any alternatives, and associated E:\FR\FM\07MYN1.SGM 07MYN1 Federal Register / Vol. 85, No. 89 / Thursday, May 7, 2020 / Notices impacts, and to disclose any irreversible commitments of resources. Proposed Action Alternative Under the Proposed Action Alternative, the Service would issue an ITP to the applicant for a period of 15 years for certain covered activities (described below). The applicant has requested an ITP for one covered species (described below), which is listed as threatened under the ESA. Habitat Conservation Plan Area The geographic scope of the draft HCP encompasses 2.98 acres, which encompasses both the 0.98-acre permanent impact and 2.00 acres of temporary impact areas. The project would result in the demolition of the existing water reservoir and replacing it with two new 120,000-gallon steelbolted reservoirs located at 263 El Toyonal, in the City of Orinda, Contra Costa County, California. Covered Activities The proposed ESA section 10 ITP would allow take of one covered species from covered activities in the proposed HCP area. The applicant is requesting incidental take authorization for covered activities, including site preparation, construction, and access road maintenance in the project area. The applicant is proposing to implement a number of project design features, including best management practices, as well as general and speciesspecific avoidance and minimization measures to minimize the impacts of the take from the covered activities. khammond on DSKJM1Z7X2PROD with NOTICES Covered Species The Alameda whipsnake (Masticophis lateralis euryxanthus), a species federally listed as threatened, is proposed to be included as a covered species in the proposed HCP: No-Action Alternative Under the No-Action Alternative, the Service would not issue an ITP to the applicant, and the reservoir would not be constructed. The No-Action Alternative is not feasible, based on the purpose and need of the project. The existing reservoir is at the end of its useful life, due to deterioration of the structural materials. The metal on the existing reservoir is corroding, the roof is deteriorating, and the entire aging structure will eventually will be unable to maintain an adequate water supply and serve its intended function. EBMUD must replace this critical water distribution facility and improve the level of service in the pressure zones by raising the elevation of the proposed VerDate Sep<11>2014 16:45 May 06, 2020 Jkt 250001 27237 new dual Dos Osos Reservoirs. In addition, the project is necessary to increase operational flexibility by replacing the existing single reservoir with new dual Dos Osos Reservoirs. For these reasons, the No-Action Alternative has been rejected. confirms that issuance of the ITP will not jeopardize the continued existence of any endangered or threatened species, or destroy or adversely modify critical habitat, we will issue a permit to the applicant for the incidental take of the covered species. Public Comments We request data, comments, new information, or suggestions from the public, other concerned governmental agencies, the scientific community, Tribes, industry, or any other interested party on this notice, the draft CatEx, and the draft HCP. We particularly seek comments on the following: 1. Biological information concerning the species; 2. Relevant data concerning the species; 3. Additional information concerning the range, distribution, population size, and population trends of the species; 4. Current or planned activities in the area and their possible impacts on the species; 5. The presence of archeological sites, buildings and structures, historic events, sacred and traditional areas, and other historic preservation concerns, which are required to be considered in project planning by the National Historic Preservation Act; and 6. Any other environmental issues that should be considered with regard to the proposed development and permit action. Authority Public Availability of Comments Before including your address, phone number, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—might be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Next Steps Issuance of an incidental take permit is a Federal proposed action subject to compliance with NEPA and section 7 of the ESA. We will evaluate the application, associated documents, and any public comments we receive as part of our NEPA compliance process to determine whether the application meets the requirements of section 10(a) of the ESA. If we determine that those requirements are met, we will conduct an intra-Service consultation under section 7 of the ESA for the Federal action for the potential issuance of an ITP. If the intra-Service consultation PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 We publish this notice under the National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321–4347 et seq.), and its implementing regulations at 40 CFR 1500–1508, as well as in compliance with section 10(c) of the Endangered Species Act (16 U.S.C. 1531–1544 et seq.) and its implementing regulations at 40 CFR 17.22. Jennifer Norris, Field Supervisor, Sacramento Fish and Wildlife Office, U.S. Fish and Wildlife Service, Sacramento, California. [FR Doc. 2020–09804 Filed 5–6–20; 8:45 am] BILLING CODE 4333–15–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS–R8–ES–2020–N075; FXES11130800000–201–FF08E00000] Endangered and Threatened Species; Receipt of Recovery Permit Applications Fish and Wildlife Service, Interior. ACTION: Notice of receipt of permit applications; request for comments. AGENCY: We, the U.S. Fish and Wildlife Service, have received applications for permits to conduct activities intended to enhance the propagation or survival of endangered or threatened species under the Endangered Species Act. We invite the public and local, State, Tribal, and Federal agencies to comment on these applications. Before issuing any of the requested permits, we will take into consideration any information that we receive during the public comment period. SUMMARY: We must receive your written comments on or before June 8, 2020. ADDRESSES: Document availability and comment submission: Submit requests for copies of the applications and related documents and submit any comments by email to permitsr8es@ fws.gov. All requests and comments should specify the applicant name(s) and application number(s) (e.g., TEXXXXXX). DATES: E:\FR\FM\07MYN1.SGM 07MYN1

Agencies

[Federal Register Volume 85, Number 89 (Thursday, May 7, 2020)]
[Notices]
[Pages 27236-27237]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09804]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[Docket No. FWS-R8-ES-2020-0039; FF08ESMF00-FXES11140800000-189]


Dos Osos Reservoir Replacement Project, Contra Costa County, 
California; Draft Categorical Exclusion and Draft Habitat Conservation 
Plan

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability of permit application; request for 
comment.

-----------------------------------------------------------------------

SUMMARY: We, the U.S. Fish and Wildlife Service, announce the 
availability of a draft categorical exclusion under the National 
Environmental Policy Act. We also announce receipt of an application 
for an incidental take permit under the Endangered Species Act (ESA), 
and receipt of a draft habitat conservation plan. The East Bay 
Municipal Utility District (EBMUD) (applicant) has applied for an 
incidental take permit under the ESA for the Dos Osos Reservoir 
Replacement Project in Contra Costa County, California. The permit 
would authorize the take of one species incidental to the construction 
of the project. Incidental take coverage is not being sought for 
operation and maintenance of the project, as these activities are 
covered, analyzed, and mitigated for under the existing EBMUD Low-
Effect East Bay HCP. We invite the public and local, State, Tribal, and 
Federal agencies to comment on these applications. Before issuing the 
requested permit, we will take into consideration any information that 
we receive during the public comment period.

DATES: We must receive your written comments on or before June 8, 2020.

ADDRESSES: Obtaining Documents: The draft categorical exclusion (draft 
CatEx), draft habitat conservation plan (HCP), and any comments and 
other materials that we receive are available for public inspection at 
http://www.regulations.gov in Docket No. FWS-R8-ES-2020-0039.
    Submitting Comments: To submit comments, please use one of the 
following methods, and note that your information requests or comments 
are in reference to the draft CatEx, draft HCP, or both.
     Internet: Submit comments at http://www.regulations.gov 
under Docket No. FWS-R8-ES-2020-0039.
     U.S. Mail: Public Comments Processing, Attn: Docket No. 
FWS-R8-ES-2020-0039; U.S. Fish and Wildlife Service Headquarters, MS: 
PRB/3W; 5275 Leesburg Pike; Falls Church, VA 22041-3803.
    For more information, see Public Comments and Public Availability 
of Comments, under SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Jason Hanni, Fish and Wildlife 
Biologist, or Ryan Olah, Chief, Coast Bay Division, Fish and Wildlife 
Service, Sacramento Fish and Wildlife Office, by phone at 916-414-6600 
or via the Federal Relay Service at 800-877-8339.

SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service 
(Service), announce the availability of a draft categorical exclusion 
(CatEx), prepared pursuant to the National Environmental Policy Act of 
1969, as amended (NEPA; 42 U.S.C. 4321 et seq.), and its implementing 
regulations in the Code of Federal Regulations (CFR) at 40 CFR 1506.6. 
This notice also announces the receipt of an application from the East 
Bay Municipal Utility District (EBMUD) (applicant) for a 15-year 
incidental take permit (ITP) under the Endangered Species Act of 1973, 
as amended (ESA; 16 U.S.C. 1531 et seq.). Application for the permit 
requires the preparation of an HCP with measures to avoid, minimize, 
and mitigate the impacts of incidental take to the maximum extent 
practicable. The applicant prepared the draft Los Osos Reservoir 
Replacement Project Low-Effect Habitat Conservation Plan (draft HCP) 
pursuant to section 10(a)(1)(B) of the ESA. The purpose of the CatEx is 
to assess the effects of issuing the permit and implementing the draft 
HCP on the natural and human environment.

Background

    Section 9 of the ESA (16 U.S.C. 1531-1544 et seq.) and Federal 
regulations (50 CFR 17) prohibit the taking of fish and wildlife 
species listed as endangered or threatened under section 4 of the ESA. 
Regulations governing permits for endangered and threatened species are 
at 50 CFR 17.22 and 17.32. For more about the Federal habitat 
conservation plan (HCP) program, go to http://www.fws.gov/endangered/esa-library/pdf/hcp.pdf.

National Environmental Policy Act Compliance

    The proposed permit issuance triggers the need for compliance with 
the National Environmental Policy Act of 1969, as amended (NEPA; 42 
U.S.C. 4321 et seq.). The draft CatEx was prepared to analyze the 
impacts of issuing an ITP based on the draft HCP and to inform the 
public of the proposed action, any alternatives, and associated

[[Page 27237]]

impacts, and to disclose any irreversible commitments of resources.

Proposed Action Alternative

    Under the Proposed Action Alternative, the Service would issue an 
ITP to the applicant for a period of 15 years for certain covered 
activities (described below). The applicant has requested an ITP for 
one covered species (described below), which is listed as threatened 
under the ESA.
Habitat Conservation Plan Area
    The geographic scope of the draft HCP encompasses 2.98 acres, which 
encompasses both the 0.98-acre permanent impact and 2.00 acres of 
temporary impact areas. The project would result in the demolition of 
the existing water reservoir and replacing it with two new 120,000-
gallon steel-bolted reservoirs located at 263 El Toyonal, in the City 
of Orinda, Contra Costa County, California.
Covered Activities
    The proposed ESA section 10 ITP would allow take of one covered 
species from covered activities in the proposed HCP area. The applicant 
is requesting incidental take authorization for covered activities, 
including site preparation, construction, and access road maintenance 
in the project area. The applicant is proposing to implement a number 
of project design features, including best management practices, as 
well as general and species-specific avoidance and minimization 
measures to minimize the impacts of the take from the covered 
activities.
Covered Species
    The Alameda whipsnake (Masticophis lateralis euryxanthus), a 
species federally listed as threatened, is proposed to be included as a 
covered species in the proposed HCP:

No-Action Alternative

    Under the No-Action Alternative, the Service would not issue an ITP 
to the applicant, and the reservoir would not be constructed. The No-
Action Alternative is not feasible, based on the purpose and need of 
the project. The existing reservoir is at the end of its useful life, 
due to deterioration of the structural materials. The metal on the 
existing reservoir is corroding, the roof is deteriorating, and the 
entire aging structure will eventually will be unable to maintain an 
adequate water supply and serve its intended function. EBMUD must 
replace this critical water distribution facility and improve the level 
of service in the pressure zones by raising the elevation of the 
proposed new dual Dos Osos Reservoirs. In addition, the project is 
necessary to increase operational flexibility by replacing the existing 
single reservoir with new dual Dos Osos Reservoirs. For these reasons, 
the No-Action Alternative has been rejected.

Public Comments

    We request data, comments, new information, or suggestions from the 
public, other concerned governmental agencies, the scientific 
community, Tribes, industry, or any other interested party on this 
notice, the draft CatEx, and the draft HCP. We particularly seek 
comments on the following:
    1. Biological information concerning the species;
    2. Relevant data concerning the species;
    3. Additional information concerning the range, distribution, 
population size, and population trends of the species;
    4. Current or planned activities in the area and their possible 
impacts on the species;
    5. The presence of archeological sites, buildings and structures, 
historic events, sacred and traditional areas, and other historic 
preservation concerns, which are required to be considered in project 
planning by the National Historic Preservation Act; and
    6. Any other environmental issues that should be considered with 
regard to the proposed development and permit action.

Public Availability of Comments

    Before including your address, phone number, or other personal 
identifying information in your comment, you should be aware that your 
entire comment--including your personal identifying information--might 
be made publicly available at any time. While you can ask us in your 
comment to withhold your personal identifying information from public 
review, we cannot guarantee that we will be able to do so.

Next Steps

    Issuance of an incidental take permit is a Federal proposed action 
subject to compliance with NEPA and section 7 of the ESA. We will 
evaluate the application, associated documents, and any public comments 
we receive as part of our NEPA compliance process to determine whether 
the application meets the requirements of section 10(a) of the ESA. If 
we determine that those requirements are met, we will conduct an intra-
Service consultation under section 7 of the ESA for the Federal action 
for the potential issuance of an ITP. If the intra-Service consultation 
confirms that issuance of the ITP will not jeopardize the continued 
existence of any endangered or threatened species, or destroy or 
adversely modify critical habitat, we will issue a permit to the 
applicant for the incidental take of the covered species.

Authority

    We publish this notice under the National Environmental Policy Act 
of 1969, as amended (42 U.S.C. 4321-4347 et seq.), and its implementing 
regulations at 40 CFR 1500-1508, as well as in compliance with section 
10(c) of the Endangered Species Act (16 U.S.C. 1531-1544 et seq.) and 
its implementing regulations at 40 CFR 17.22.

Jennifer Norris,
Field Supervisor, Sacramento Fish and Wildlife Office, U.S. Fish and 
Wildlife Service, Sacramento, California.
[FR Doc. 2020-09804 Filed 5-6-20; 8:45 am]
 BILLING CODE 4333-15-P