Dos Osos Reservoir Replacement Project, Contra Costa County, California; Draft Categorical Exclusion and Draft Habitat Conservation Plan, 27236-27237 [2020-09804]
Download as PDF
<![CDATA[
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 https://
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
https://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 https://
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]
=======================================================================
-----------------------------------------------------------------------
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
https://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 https://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 https://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
