[Federal Register Volume 62, Number 167 (Thursday, August 28, 1997)]
[Notices]
[Pages 45674-45676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22896]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Availability of a Habitat Conservation Plan and Receipt of an
Application for an Incidental Take Permit for the Basin A Project,
Contra Costa County, California
AGENCY: Fish and Wildlife Service.
ACTION: Notice of receipt.
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SUMMARY: This notice advises the public that the Contra Costa County
Department of Public Works (Department) has applied to the Fish and
Wildlife Service for an incidental take permit pursuant to section
10(a)(1)(B) of the Endangered Species Act of 1973, as amended. The
application has been assigned permit number PRT-833486. The proposed
permit would authorize the incidental take of the California red-legged
frog (Rana aurora draytonii), federally listed as threatened, and/or
modification of its habitat during sediment removal activities at Basin
A in Contra Costa County, California. The permit would be in effect for
20 years.
The Service announces the receipt of the Department's incidental
take permit application and the availability of the proposed Basin A
Habitat Conservation Plan (Plan), which accompanies the incidental take
permit application, for public comment. The Plan fully describes the
proposed project and the measures the Department would undertake to
minimize and mitigate project impacts to the California red-legged
frog. The Service has determined that the Basin A Plan qualifies as a
``low-effect'' Plan as defined by the Fish and Wildlife Service's
Habitat Conservation Planning Handbook (November 1996). The Service has
further determined that approval of the Plan qualifies as a categorical
exclusion under the National Environmental Policy Act, as provided by
the Department of Interior Manual (516 DM 2, Appendix 1 and 516 DM 6,
Appendix 1). This notice is provided pursuant to section 10(c) of the
Endangered Species Act.
Comments are specifically requested on the appropriateness of the
``No Surprises'' assurance specifically discussed under the
``Unforeseen Circumstances'' section of the Plan. All comments
received, including names and addresses, will become part of the
official administrative record and may be made available to the public.
DATES: Written comments on the permit application and Plan should be
received on or before September 29, 1997.
ADDRESSES: Comments regarding the permit application or the Plan should
be addressed to the Fish and Wildlife Service, Sacramento Fish and
Wildlife Office, 3310 El Camino Avenue, Suite 130, Sacramento,
California 95821-6340. Please refer to permit number PRT-833486 when
submitting comments. Individuals wishing copies of the application and
the Plan for review should immediately contact the above office.
Documents also will be available for public inspection, by appointment,
during normal business hours at the above address.
FOR FURTHER INFORMATION CONTACT: Ms. Tiki Baron or Mr. William Lehman,
[[Page 45675]]
Sacramento Fish and Wildlife Office; telephone (916) 979-2129.
SUPPLEMENTARY INFORMATION: Section 9 of the Endangered Species Act and
Federal regulation prohibit the ``taking'' of a species listed as
endangered or threatened, respectively. However, the Service, under
limited circumstances, may issue permits to ``incidentally take''
listed species, which is take that is incidental to, and not the
purpose of, otherwise lawful activities. Regulations governing permits
for threatened species are promulgated in 50 CFR 17.32; regulations
governing permits for endangered species are promulgated in 50 CFR
17.22.
Background
The Department proposes to remove excess sediment from a
constructed wetland, known as Basin A, in Contra Costa County,
California. The Department constructed Basin A as mitigation for
impacts to wetland and riparian habitat caused by a highway widening
project. Basin A, located south of State Route 4 and west of Bay Point
near the city of Concord, is approximately 4.8 acres in size and
consists of a lower wetland basin (2.5 acres), a sedimentation basin
(0.45 acres), an upper riparian area (0.2 acres), and side slopes and
an access road (1.6 acres). Vegetation and wildlife monitoring began in
the spring of 1996 after native vegetation had been planted. On April
21, 1997, a California red-legged frog was observed in the lower
wetland basin during monitoring activities. No other observations of
red-legged frogs at Basin A have been made prior or subsequent to this
sighting.
Excessive sediment has accumulated at Basin A as a result of heavy
grazing upstream, the incised condition of the stream that flows into
the basin, and heavy rain storms this past winter (1996-1997). To
ensure proper functioning of the wetlands at Basin A, the Department
proposes to remove excess sediment from the sedimentation basin, as
necessary, on an on-going basis. The Department estimates that sediment
removal from the sedimentation basin would be required, on average, in
approximately 60% of the years ahead (i.e., 3 out of every 5 years, or
12 years out of the 20-year permit term). In addition, the Department
proposes to remove excess sediment from the lower wetland basin this
year. As a result of heavy rain storms in recent winters, sediment by-
passed the sedimentation basin and has accumulated in a portion of the
lower wetland basin. The need for removal of sediment from the lower
wetland basin in future years depends on the occurrence of unusually
large storms. The Department estimates that such storms, and thus
sediment removal from the lower wetland basin, would occur once every 5
to 10 years (i.e., a total of two to four times over the life of the
permit). Sediment removal would only occur once during any given year,
between the months of June and October when both the sedimentation
basin and the lower wetland basin are likely to be at their driest.
Removal of sediment from the sedimentation basin and lower wetland
basin may result in take of California red-legged frogs. Potential
direct impacts to red-legged frogs during sediment removal activities
include accidental injury or death by crushing, burying, drowning, or
other means as a result of foot traffic, project-related vehicle
traffic, and the operation of heavy equipment. Sediment removal would
occur during the dry season, however, which decreases the likelihood
that red-legged frogs would be present in the basin. Removal of
sediment from either the sedimentation basin or the lower wetland basin
would not have significant long-term adverse impacts to red-legged frog
habitat because the basins would continue to hold water seasonally,
providing habitat for frogs. To the contrary, removal of sediment from
the sedimentation basin and lower wetland basin would likely enhance
habitat values for red-legged frogs at Basin A over the long term.
To minimize take of California red-legged frogs, the Department
proposes to conduct pre-activity surveys at Basin A prior to the start
of each incident of sediment removal activities. In addition, a
qualified biologist would monitor each sediment removal incident
throughout the term of the permit. If California red-legged frogs are
observed in or immediately adjacent to the area to be excavated, they
would be captured by a qualified biologist and relocated to another
portion of the basin. Sediment removal activities would be accomplished
in as short a time as possible, generally within one day. The Service
believes that the proposed project would result in minor or negligible
effects to the California red-legged frog because the actual number of
red-legged frogs taken at Basin A would likely be very low, the
percentage of the Basin A red-legged frog habitat relative to the
species' entire range is very small, and its relative importance to the
species both regionally and rangewide is thought at this time to be
minor, and the improvement and maintenance of habitat values for red-
legged frogs at Basin A would likely offset the impact of the possible
loss of a small number of frogs. The proposed project would not affect
any other listed species.
The Service has determined that the Basin A Plan qualifies as a
``low-effect'' Plan as defined by the Fish and Wildlife Service's
Habitat Conservation Planning Handbook (November 1996). Low-effect
Plans are those involving (1) minor or negligible effects on federally
listed and candidate species and their habitats, and (2) minor or
negligible effects on other environmental values or resources. The
Basin A Plan qualifies as a low-effect Plan for the following reasons:
1. Approval of the Plan would result in minor or negligible effects
on the California red-legged frog and its habitat. The Service does not
anticipate significant direct or cumulative effects to the California
red-legged frog resulting from the removal of excess sediment, during
the dry season, from a constructed wetland basin.
2. The Basin A site, a constructed wetland, has already been
significantly modified from its natural state; therefore, removal of
excess sediment from the basin would not have adverse effects on unique
geographic, historic or cultural sites, or involve unique or unknown
environmental risks.
3. Approval of the Plan would not result in any cumulative or
growth inducing impacts and, therefore, would not result in significant
adverse effects on public health or safety.
4. The project does not require compliance with Executive Order
11988 (Floodplain Management), Executive Order 11990 (Protection of
Wetlands), or the Fish and Wildlife Coordination Act, nor does it
threaten to violate a Federal, State, local or tribal law or
requirement imposed for the protection of the environment.
5. Approval of this Plan would not establish a precedent for future
action or represent a decision in principle about future actions with
potentially significant environmental effects.
The Service has therefore determined that approval of the Basin A
Plan qualifies as a categorical exclusion under the National
Environmental Policy Act, as provided by the Department of the Interior
Manual (516 DM 2, Appendix 1 and 516 DM 6, Appendix 1). No further
National Environmental Policy Act documentation will therefore be
prepared.
This notice is provided pursuant to section 10(c) of the Endangered
Species Act. The Service will evaluate the permit application, the
Plan, and comments submitted thereon to determine whether the
application
[[Page 45676]]
meets the requirements of section 10(a) of the Endangered Species Act.
If it is determined that the requirements are met, a permit will be
issued for the incidental take of the California red-legged frog. The
final permit decision will be made no sooner than 30 days from the date
of this notice.
Dated: August 22, 1997.
Don Weathers,
Acting Regional Director, Region 1, Portland, Oregon.
[FR Doc. 97-22896 Filed 8-27-97; 8:45 am]
BILLING CODE 4310-55-P
