98-32950. Availability of an Environmental Assessment and Receipt of an Application for an Incidental Take Permit for the City of Seattle Habitat Conservation Plan, King County, Washington  

  • [Federal Register Volume 63, Number 238 (Friday, December 11, 1998)]
    [Notices]
    [Pages 68469-68471]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-32950]
    
    
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    DEPARTMENT OF THE INTERIOR
    
    Fish and Wildlife Service
    
    
    Availability of an Environmental Assessment and Receipt of an 
    Application for an Incidental Take Permit for the City of Seattle 
    Habitat Conservation Plan, King County, Washington
    
    AGENCY: Fish and Wildlife Service, Interior.
    
    ACTION: Notice of application and availability for public comment.
    
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    SUMMARY: This notice advises the public that the City of Seattle has 
    applied to the Fish and Wildlife Service and the National Marine 
    Fisheries Service (together, the Services) for an Incidental Take 
    Permit (Permit) pursuant to section 10(a)(1)(B) of the Endangered 
    Species Act of 1973, as amended (Act). The proposed permit would 
    authorize the take of the following endangered or threatened species 
    incidental to otherwise lawful management activities in the Cedar River 
    Municipal Watershed and within the Cedar River in King County, 
    Washington: northern spotted owl (Strix occidentalis caurina), marbled 
    murrelet (Brachyramphus marmoratus marmoratus), bald eagle (Haliaeetus 
    leucocephalus), grizzly bear (Ursus arctos), gray wolf (Canis lupus), 
    and peregrine falcon (Falco peregrinus). The proposed permit also would 
    authorize future incidental take of 77 currently unlisted fish 
    (anadromous and resident) and wildlife species, including the chinook 
    salmon (Oncorhynchus tshawytscha) and the Coastal Puget Sound distinct 
    population segment of the bull trout (Salvelinus confluentus), which 
    are proposed for listing under the Act, should they become listed in 
    the future. The permit would be in effect for 50 years.
        The application includes: (1) the proposed Habitat Conservation 
    Plan (Plan), which fully describes the proposed projects and 
    mitigation, and details a strategy for minimizing and mitigating all 
    anticipated incidental take, as required in Section 10(a)(2)(B) of the 
    Act; and (2) the proposed Implementing Agreement. Activities covered by 
    the requested Permit and addressed by the proposed Plan include: (1) 
    drinking water supply operations; (2) management of land and forest 
    resources (timber and other forest resources); (3) hydroelectric power 
    generation; and, (4) fishery mitigation. The Services also announce the 
    availability of an Environmental Assessment for the Permit application.
        This notice is provided pursuant to section 10(a) of the Act and 
    National Environmental Policy Act regulations. The Services are 
    furnishing this notice in order to announce the availability of these 
    documents and allow other agencies and the public an opportunity to 
    review and comment upon these documents. All comments received will 
    become part of the public record and will be available for review 
    pursuant to section 10(c) of the Act.
    
    DATES: Written comments on the permit application, Environmental 
    Assessment, Plan, and Implementing Agreement must be received from 
    interested parties no later than February 9, 1999.
    
    ADDRESSES: Requests for documents should be made by calling the City of 
    Seattle at (206) 684-4144. Copies are also available for viewing, or 
    partial or complete duplication, at all King County and City of Seattle 
    libraries, and at four University of Washington main campus libraries, 
    including the Fisheries and Oceanography Library, Forest Resources 
    Library, Engineering Library, and at the Federal Publications desk of 
    the Suzzallo Library. Comments should be mailed to Seattle Public 
    Utilities, P.O. Box 21105, Seattle, Washington 98111-3105. Comments and 
    materials received will also be available for public inspection, by 
    appointment, during normal business hours by calling (206) 684-4144. 
    Requests for information on the draft Plan should be directed to Jim 
    Erckmann, Project Manager. Requests for information on the draft 
    Environmental Assessment and a draft Environmental Impact Statement, 
    prepared pursuant to the State of Washington's Environmental Policy 
    Act, should be directed to Jim Freeman, Senior Watershed Planner. Both 
    can be contacted at Seattle Public Utilities, 19901 Cedar Falls Road 
    S.E., North Bend, Washington, 98045 (telephone: 206/233-1512; 
    facsimile: 206/233-1527).
    
    FURTHER INFORMATION: Contact Brian Bogaczyk, Project Biologist, Fish 
    and Wildlife Service, 510 Desmond Drive, S.E., Suite 102, Lacey, 
    Washington, 98503-1273, (telephone: 360/753-5824; facsimile: 360/534-
    9331), and Matt Longenbaugh, Project Biologist, National Marine 
    Fisheries Service, 510 Desmond Drive, S.E., Suite 103, Lacey, 
    Washington, 98503-1273 (telephone: 360/753-7761; facsimile: 360/753-
    9517). The Plan, Implementing Agreement, and the Environmental 
    Assessment are also available for inspection at the above Service 
    offices.
    
    SUPPLEMENTARY INFORMATION: Section 9 of the Endangered Species Act and 
    Federal regulation prohibit the ``taking'' of a species listed as 
    endangered or
    
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    threatened. The term take is defined under the Act to mean harass, 
    harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or 
    to attempt to engage in any such conduct. However, the Services, under 
    limited circumstances, may issue permits to take listed species 
    incidental to, and not the purpose of, otherwise lawful activities. 
    Regulations governing permits for endangered species are promulgated in 
    50 CFR 17.22; regulations governing permits for threatened species are 
    promulgated in 50 CFR 17.32.
    
    Background
    
        The Cedar River Municipal Watershed (Watershed) is located about 30 
    miles southeast of the City of Seattle (City), just south of the 
    Interstate 90 corridor. The City has prepared the proposed Plan to 
    comply with the Act and to address a variety of related natural 
    resource issues. The Plan will cover the City's 90,546-acre Watershed 
    and the City's water supply and hydroelectric operations on the Cedar 
    River, which discharges into Lake Washington. The proposed Plan is a 
    set of mitigation and conservation commitments related to ongoing water 
    supply, hydroelectric power supply, fishery mitigation, and watershed 
    management activities.
        The draft Plan is based on a decade of studies and the results of 
    over 4 years of analysis and negotiations with five State and Federal 
    agencies as documented in an Agreement in Principle, dated March 14, 
    1997. The Agreement in Principle addresses not only issues under the 
    Act but also related issues under state law and issues with the U.S. 
    Army Corps of Engineers (Corps). The Corps manages lake levels in Lake 
    Washington, and navigational traffic between Lake Washington and Puget 
    Sound, through operation of the Hiram Chittenden Locks (Ballard Locks) 
    and Lake Washington Ship Canal.
        Covered lands in the proposed action include the City-owned lands 
    upon which the Permit would authorize incidental take of covered 
    species. This includes the Watershed, totaling about 90,546 acres. The 
    Cedar River discharges into Lake Washington at the city of Renton. City 
    operations in the municipal watershed influence the Cedar River between 
    the Landsburg Diversion Dam, where the City diverts water for municipal 
    and industrial use, and Lake Washington, which is 21.8 mi in length. 
    The City owns essentially all of the Watershed. Most of the watershed 
    is forested, primarily with conifers.
        Proposed covered activities include City operations on the Cedar 
    River in conjunction with its water supply, hydroelectric power 
    generation, land management activities, and fishery mitigation. Water 
    supply and hydroelectric generation activities include management of 
    the reservoir complex, including an overflow dike, which impounds 
    Chester Morse Lake, and the Masonry Dam, which impounds the Masonry 
    Pool to the west of the lake. These activities also include instream 
    flow management for fish for 12.4 mi above and 21.8 mi downstream of 
    the Landsburg Diversion Dam. Covered activities downstream of Landsburg 
    are restricted specifically to the impacts of City operations and 
    facilities on species using those waters and covered by this Plan, and 
    does not apply to the impacts of activities by other public agencies or 
    private parties. In general, covered activities downstream of Landsburg 
    include mitigation, conservation, research, and monitoring activities 
    carried out under the Plan and two related agreements, an Instream Flow 
    Agreement and a Landsburg Mitigation Agreement.
        Municipal watershed management activities include forest practices 
    as described in the Washington State Forest Practices Act (RCW 76.09) 
    and Forest Practices Rules and Regulations (WAC 222-08), including 
    timber harvest, thinning, reforestation, and mechanical brush control; 
    construction, repair, reengineering, decommissioning, and maintenance 
    of forest roads, including use of gravel pits and other rock sources, 
    as well as maintenance and replacement of culverts and bridges; and 
    sale of forest products.
        Fishery mitigation activities include provision of streamflows for 
    chinook, coho (Oncorhynchus kisutch), and sockeye (Oncorhynchus nerka) 
    salmon and steelhead trout (Oncorhynchus mykiss), and expansion of a 
    pilot hatchery for sockeye salmon; construction of fish passage 
    facilities (both upstream and downstream) for chinook and coho salmon, 
    and steelhead and cutthroat trout (Oncorhynchus clarki) at Landsburg 
    Dam; and funding salmon habitat restoration in the lower Cedar River.
        Other covered watershed activities include actions to protect and 
    restore watershed habitats, both aquatic and upland; cultural resource 
    management and educational programs within the municipal watershed, 
    including a public tour and field trip program and construction of 
    educational and cultural facilities, such as the planned educational 
    resource center at Cedar Falls; scientific research, both by City staff 
    and outside scientists; and other activities or facilities as 
    identified in the Plan.
        The Plan includes habitat-based conservation and mitigation 
    strategies for all species addressed in the Plan, and species-specific 
    conservation and mitigation strategies for the 14 species of greatest 
    concern, which include all currently listed species. The species 
    addressed in the Plan include resident and anadromous salmonid fishes, 
    and a variety of amphibians, birds, mammals, and invertebrates.
        The Federal action of issuing an Incidental Take Permit has the 
    potential to affect the human environment. The Services' decision of 
    whether to issue the proposed Permit, is an action subject to review 
    under the National Environmental Policy Act (40 CFR 1506.6). In 
    addition to the National Environmental Policy Act requirements, the 
    City's proposed actions are subject to review under the Washington 
    State Environmental Policy Act. The Services' Environmental Assessment 
    and the City's Environmental Impact Statement are combined into one 
    document. Following public review of the proposed Plan and 
    Environmental Assessment/Environmental Impact Statement, the Services 
    and the City must review any comments received and respond to those 
    comments in writing or in changes to the documents, where appropriate.
        The Environmental Assessment/Environmental Impact Statement will 
    analyze the proposed action as well as a full range of reasonable 
    alternatives, and the associated impacts of each. The proposed action 
    contains three components, including: (1) Watershed Management; (2) 
    Anadromous Fish Mitigation; and (3) Instream Flows. Alternatives have 
    been developed through public and internal scoping for each of these 
    three components, and are compared and analyzed in the Environmental 
    Assessment/Environmental Impact Statement.
        Watershed management alternatives include: (1) No Action (continue 
    current harvest practices, with 58 percent of the lands in a no-
    commercial harvest reserve); (2) Proposed Action (including 
    conservation strategies for habitats and wildlife, with 64 percent of 
    the lands in a no-commercial harvest reserve); (3) Long-term 
    Sustainable Thinning Alternative (including conservation strategies for 
    habitats and wildlife, with 64 percent of the lands in a no-commercial 
    harvest reserve); (4) Thinning Alternative with phased out commercial 
    harvest over the 50-year life of the Permit (including conservation 
    strategies for habitats and wildlife, with 68 percent of the lands 
    initially in a no-commercial harvest reserve and increasing over the 
    life of the Permit);
    
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    and (5) No Commercial Timber Harvest Alternative (including 
    conservation strategies for habitats and wildlife, with 100 percent of 
    the lands in a no-commercial harvest reserve). Alternatives 3, 4, and 5 
    include essentially the same conservation strategies for streams, 
    riparian areas, upland habitat, and special habitat areas, as 
    Alternative 2, the Proposed Action.
        Anadromous fish mitigation alternatives include: (1) No Action 
    (continued operation of a pilot sockeye salmon hatchery with no 
    guarantee of mitigation for chinook salmon, coho salmon, or steelhead 
    trout); (2) Proposed Action (conservation strategies for chinook 
    salmon, coho salmon, sockeye salmon, and steelhead trout, including 
    upstream and downstream passage facilities, and habitat restoration and 
    protection measures, with expansion of the sockeye hatchery to produce 
    34 million fry annually); (3) Down-sized Sockeye Hatchery Alternative 
    with savings going towards downstream habitat restoration (with 
    expansion of the sockeye hatchery to produce 17 million fry annually); 
    (4) Deferred Hatchery Construction Alternative contingent on further 
    studies; and (5) All Downstream Habitat Restoration and Protection 
    Alternative (all funding would be used for habitat restoration and 
    protection, and none for sockeye hatchery expansion).
        Instream flow alternatives include: (1) No Action (continue current 
    flow management practices); and (2) Proposed Action, with primary 
    features including guaranteed flows and supplemental flows for salmon 
    and steelhead trout spawning and fry outmigration for sockeye salmon in 
    the lower Cedar River; adaptive management of flows for protection of 
    salmon and steelhead redds (egg clusters); funding for improvements at 
    Ballard Locks for juvenile outmigration, establishment of minimum flows 
    necessary for anadromous and resident fish in bypass reach below 
    Masonry Dam; established downramping rates, maintain existing annual 
    municipal water yield; public service announcements promoting water 
    conservation for fish; Lower Cedar River monitoring study of tributary 
    and subsurface inflows; and establishment of a multi-agency commission 
    to advise the City with respect to managing flows for fish.
        This notice is provided pursuant to section 10(a) of the Act and 
    National Environmental Policy Act regulations, and the Services will 
    evaluate the application, associated documents, and comments submitted 
    thereon to determine whether the application meets the requirements of 
    the Act and National Environmental Policy Act. If it is determined that 
    the requirements are met, a permit will be issued for the incidental 
    take of listed species. The final permit decision will be made no 
    sooner than 60 days from the date of this notice.
    
        Dated: December 4, 1998.
    Anne Badgley,
    Regional Director, Region 1, Portland, Oregon.
    [FR Doc. 98-32950 Filed 12-10-98; 8:45 am]
    BILLING CODE 4310-55-P
    
    
    

Document Information

Published:
12/11/1998
Department:
Fish and Wildlife Service
Entry Type:
Notice
Action:
Notice of application and availability for public comment.
Document Number:
98-32950
Dates:
Written comments on the permit application, Environmental Assessment, Plan, and Implementing Agreement must be received from interested parties no later than February 9, 1999.
Pages:
68469-68471 (3 pages)
PDF File:
98-32950.pdf