[Federal Register Volume 60, Number 75 (Wednesday, April 19, 1995)]
[Notices]
[Pages 19603-19604]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9620]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Endangered and Threatened Species Permit Application
AGENCY: Fish and Wildlife, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
Availability of an Environmental Assessment and Receipt of an
Application for an Incidental Take Permit for the City of Waterford,
Stanislaus County, California.
SUMMARY: This notice advises the public that the City of Waterford
(City) has applied to the U.S. Fish and Wildlife Service (Service) for
an incidental take permit pursuant to section 10(a)(1)(B) of the
Endangered Species Act of 1973, as amended (Act). The application has
been assigned permit number 801047. The proposed permit would authorize
the incidental take of the threatened valley elderberry longhorn beetle
(Desmocerus californicus dimorphis)(VELB) and/or loss of its habitat
during the expansion of the city's wastewater treatment facility
(WWTF).
The Service also announces the availability of an environmental
assessment (EA) for the incidental take permit application, the
proposed habitat conservation plan fully describing the proposed
project and mitigation, and the accompanying implementing agreement.
This notice is provided pursuant to section 10(c) of the Act and
National Environmental Policy Act regulations (40 CFR 1506.6).
DATES: Written comments on the permit application and EA should be
received on or before May 19, 1995.
ADDRESSES: Comments regarding the application or adequacy of the EA
should be addressed to Mr. Joel Medlin, Field Supervisor, U.S. Fish and
Wildlife Service, Sacramento Field Office, 2800 Cottage Way, Room E-
1823, Sacramento, California 95825. Please refer to permit number
801047 when submitting comments. Individuals wishing copies of the
application or EA for review should immediately contact the above
office at (916) 979-2725.
FOR FURTHER INFORMATION CONTACT: Mr. Michael Horton, U.S. Fish and
Wildlife Service, Sacramento Field Office, 2800 Cottage Way, Room E-
1823, Sacramento, California 95825 (916-979-2725).
SUPPLEMENTARY INFORMATION:
Background
Under Section 9 of the Act, and its implementing regulations,
taking of the VELB, a threatened species, is prohibited. However, the
Service, under limited circumstances, may issue permits to take
threatened species incidental to, and not the purpose of, otherwise
lawful activities. Regulations governing permits for threatened species
are promulgated at 50 CFR 17.32.
The City of Waterford proposes to expand their WWTF along the
Tuolumne River in Eastern Stanislaus County, California. As a result of
construction activities related to the proposed project, 18 valley
elderberry bushes (Sambucus mexicana) with 149 individual stems 1 inch
or greater in diameter will be destroyed resulting in the incidental
taking of VELB. This destruction will be mitigated through the
replacement planting and permanent protection of 894 elderberry bush
seedlings on approximately 3.9 acres in the immediate area. The City
has committed to achieving a 90 percent elderberry plant survival rate
at the end of the ten-year monitoring period. The associated native
species also will be planted. The City has made sufficient funds
available to implement all steps of the mitigation and monitoring plan.
The EA considers a no action alternative. This alternative would
not involve the removal of elderberry bushes and consequently would not
affect the VELB. Under the no action alternative the City's WWTF would
continue to experience ``surges'' in the flow volume due to municipal
storm [[Page 19604]] water inundation. This alternative was rejected by
the City for a number of reasons. First, the current system is
antiquated, in need of major renovations and near capacity. Second,
continued use of the existing WWTF will likely cause discharge of
effluent into the Tuolumne River, one of the nation's waterways. Third,
the City anticipates changes in rules and regulations governed by the
California Water Quality Control Board concerning small City WWTF's
that will require the type of expansion contemplated by the City's
proposed plan.
Dated: April 13, 1995.
Thomas Dwyer,
Deputy Regional Director, Region 1, Portland, Oregon.
[FR Doc. 95-9620 Filed 4-18-95; 8:45 am]
BILLING CODE 4310-55-P
