[Federal Register: March 27, 2006 (Volume 71, Number 58)]
[Notices]
[Page 15168-15171]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27mr06-51]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 031606A]
Notice of Intent to Prepare an Environmental Impact Statement for
the Proposed Issuance of an Incidental Take Permit
AGENCY: National Marine Fisheries Service, National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; scoping meetings.
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SUMMARY: Pursuant to the National Environmental Policy Act (NEPA), this
notice advises the public that NOAA's National Marine Fisheries Service
(NMFS) intends to gather the necessary information to prepare an
Environmental Impact Statement (EIS). The EIS will examine the proposed
implementation of a Habitat Conservation Plan (HCP) and issuance of one
incidental take permit (ITP) in accordance the Federal Endangered
Species Act (ESA), as amended. The U.S. Forest Service (USFS) and the
U.S. Fish and Wildlife Service (USFWS) will be participating as Federal
cooperating agencies. The USFS manages land in close proximity to the
project area and, therefore, has an interest is the analysis of the
proposed action. The applicant may seek an ITP from the USFWS for
coverage for species under its jurisdiction; therefore, the USFWS is
participating in the scoping process for EIS development.
DATES: We must receive written comments on alternatives and issues to
be addressed in the EIS May 26, 2006. We will hold public scoping
meetings on:
Tuesday, June 6, 2006, at East Portland Community Center, 740 SE
106\th\ Avenue, Portland, OR from 6 p.m. to 7 p.m., and on Wednesday,
June 7, 2006, at Portland City Hall, Lovejoy Room, 1221 SW 4\th\
Avenue, Portland, OR from 5 p.m. to 7 p.m.. We will accept oral and
written comments at these meetings.
ADDRESSES: Comments and requests for information should be sent to Ben
Meyer, Branch Chief, Willamette Basin Habitat Branch, NMFS, 1201 NE
Lloyd Blvd, Suite 1100 Portland, OR 97232, or by facsimile (503) 231-
6893; or Joe Zisa, Supervisor, Land and Water Conservation Division,
U.S. Fish and Wildlife Service, Oregon Fish and Wildlife Office, 2600
S.E. 98th Ave., Portland, OR 9726, or by facsimile (503) 231-6195.
Comments may be submitted by e-mail to the following address:
BullRunHCP.nwr@noaa.gov. In the subject line of the e-mail, include the
document identifier: Bull Run HCP EIS. Comments and materials received
will be available to public inspection, by appointment, during normal
business hours at the above addresses.
FOR FURTHER INFORMATION CONTACT: Joe Zisa, USFWS, (360) 231-6961 or Ben
Meyer, NMFS, (503) 230-5425.
SUPPLEMENTARY INFORMATION: The permit applicant is the City of
Portland, Bureau of Water Works (PWB). PWB intends to request an ITP
for four fish species: Chinook salmon (Oncorhynchus tshawytscha), chum
salmon (Oncorhynchus keta), coho salmon (Oncorhynchus kisutch) and
steelhead/rainbow trout (Oncorhynchus mykiss), which are listed as
threatened under the ESA. The PWB may also seek coverage for four
species of concern under the jurisdiction of the USFWS - cutthroat
trout (Oncorhynchus clarki), Pacific lamprey (Lampetra tridentata),
western brook lamprey (Lampetra richardsoni), and river lamprey
(Lampetra ayresi), should these species be listed in the future. The
PWB, NMFS, and USFWS are also considering coverage for aquatic/riparian
species that, if present, could be potentially affected by proposed
flow alteration and riparian habitat management measures. The species
under consideration include: Cope's giant salamander (Dicamptodon
copei), Cascade torrent salamander (Rhyacitruton cascadae), northern
red-legged frog (Rana aurora aurora; species of concern), Cascades frog
(Rana cascadae; species of concern), coastal tailed frog (Ascaphus
truei; species of concern), western toad (Bufo boreas), western painted
turtle (Chrysemys picta belli), and northwestern pond turtle (Clemmys
marmorata marmorata; species of concern). The PWB and NMFS will
undertake a process to evaluate the possibility for impacts to these
species, the implications of covering them in the HCP, and the analysis
necessary in the EIS. If the species are covered, appropriate
conservation measures will be included in the HCP.
The PWB, NMFS, and USFWS are also considering coverage for forest-
dwelling species that, if present, could be potentially affected by
proposed riparian habitat management measures and noise generated
during water supply system operation, maintenance, and repair. Species
under consideration include: clouded salamander (Aneides ferreus),
fisher (Martes pennanti), Oregon slender salamander (Batrachoseps
wrighti; species of concern), Larch Mountain salamander (Plethodon
larselli; species of concern), bald eagle (Haliaeetus leucocephalus;
threatened), and northern spotted owl (Strix occidentalis caurina;
threatened). The PWB and USFWS will undertake a process to evaluate the
possibility for impacts to these species, the implications of covering
them in the HCP, and the analysis necessary in the EIS. If the species
are covered, appropriate conservation measures will be included in the
HCP.
The permits would authorize incidental take for specified PWB
activities within the Sandy River Basin for a period of 50 years:
storage and withdrawal of water from the Bull Run River watershed;
operation, maintenance, and repair of existing water supply facilities;
generation of electricity (as a byproduct of water supply operation);
related land management activities; and biological monitoring.
The HCP would provide measures to minimize and mitigate impacts of
the proposed incidental taking of listed species and the habitats upon
which they depend.
NMFS is furnishing this notice to advise other agencies and the
public of our intentions; and to obtain suggestions and information on
the scope of issues
[[Page 15169]]
to include in the EIS. Written comments and suggestions are invited
from all interested parties to ensure that the full range of issues
related to the NMFS proposed action is identified as well as possible
issues related to USFWS species coverage. All comments and suggestions
will become part of the administrative record and may be released to
the public, including respondents' names and addresses. Section 10 of
the ESA contains provisions for the issuance of incidental take permits
to non-federal entities for the take of endangered and threatened
species, provided that take is incidental to otherwise lawful
activities and will not appreciably reduce the likelihood of the
survival and recovery of the species in the wild. In support of the
request for an incidental take permit, the applicant must prepare and
submit an HCP to NMFS (and possibly to the USFWS if jurisdictional
coverage is considered) describing measures that will be implemented to
minimize and mitigate the impacts of the proposed activities to the
maximum extent practicable. The applicant must also demonstrate that
adequate funding will be provided to ensure that the HCP will be
implemented and monitored throughout the proposed term of the plan.
Background
The 140-square-mile (362.6 km) Bull Run watershed lies within the
Sandy River Basin in the western foothills of the Cascade Mountains,
east of Portland, OR. Primarily within the Mt. Hood National Forest,
Bull Run has been a water resource for the City of Portland since 1895.
In 1904, a Federal statute restricted access to the watershed to
protect the water quality for municipal use. Subsequent laws help
protect Portland's water supply, including Public Law 95-200, which
established the Bull Run Watershed Management Unit.
The Bull Run water supply system serves drinking water to
approximately 800,000 Oregonians, representing nearly one-fourth of
Oregon's population. In fiscal year 2002-2003 the PWB estimates it
served more than 482,500 in-city customers. The PWB also serves
wholesale customers within Multnomah and Washington Counties.
Portland's system is configured to serve a wholesale population of
420,000 and routinely provides wholesale service to over 300,000
people.
The PWB owns and operates two dams on the Bull Run River that
impound two reservoirs (Bull Run Reservoirs Nos.1 and 2). The
reservoirs store an estimated 17 billion gallons of water, of which
about 10 billion gallons are usable for drinking water within the
operating constraints of an unfiltered water system.
The PWB's activities associated with operation and maintenance of
the Bull Run water supply system have the potential to affect species
subject to protection under the ESA. In addition to PWB's activities,
The Sandy River Basin Agreement (SRBA) partners are working on salmonid
recovery in the Sandy Basin. The SRBA is comprised of more than a dozen
public and private organizations. To address potential PWB operation
and maintenance effects, PWB worked with the SRBA partners to develop a
proposed package of conservation measures. The intent is to use the
proposed conservation measures as a framework from which the PWB will
develop the draft Habitat Conservation Plan.
Purpose and Need
Section 9 of the ESA prohibits the ''taking'' of threatened and
endangered species. NMFS (and possibly the USFWS if jurisdictional
coverage is considered) may, however, under limited circumstances,
issue permits to take federally listed and candidate species, when such
a taking is incidental to, and not the purpose of, otherwise lawful
activities. The term ''take'' under the ESA means to harass, harm,
pursue, hunt, shoot, wound, kill, trap, capture, or collect, or attempt
to engage in any such conduct. Regulations governing permits for
threatened and endangered species are at 50 CFR 17.22.
Section 10(a)(1)(B) of the ESA and regulations at 50 CFR 17.32
contain provisions for issuing ITPs to non-federal entities for the
take of threatened and endangered species, provided the Services
determine the following criteria are met: (1) The taking will be
incidental; (2) the applicant will, to the maximum extent practicable,
minimize and mitigate the impacts of such taking; (3) the applicant
will develop an HCP and ensure that adequate funding for the HCP will
be provided; (4) the taking will not appreciably reduce the likelihood
of the survival and recovery of the species in the wild; and (5) any
other measures that the Services may require as being necessary or
appropriate for the purposes of the HCP to be met.
The purposes of the Proposed Action are to: (1) Authorize
incidental take of certain listed and unlisted species in the Bull Run
watershed and the Sandy River that may be affected by the PWB's Bull
Run water supply system operations and maintenance; (2) minimize and
mitigate the impacts of any incidental take of covered species that
might occur as a result of operation and maintenance of the Bull Run
water supply system; and (3) provide PWB with reasonable regulatory
assurances that additional mitigation measures to address impacts on
covered species would not be required beyond the measures described in
the 50-year HCP.
The need for the proposed action - issuance of an ITP based on an
acceptable HCP is to protect listed species through compliance with the
ESA while managing the Bull Run water supply system on a long-term
basis. The goal is for the ITP and the HCP to be consistent with PWB's
obligations to: (1) Provide cost-effective minimization and mitigation
measures for incidental take; (2) ensure an adequate long-term water
supply at reasonable cost to ratepayers; and (3) comply with state
water quality standards and total maximum daily load (TMDL)
designations for the Bull Run and Sandy River Basin.
The needs and goals for NMFS are to conserve listed species and
their habitats and associated species during PWB's proposed activities
to ensure compliance with the ESA and other applicable laws and
regulations. NMFS and PWB consider implementation of an HCP to be an
appropriate means of reconciling PWB's proposed activities with the
prohibitions against take and other conservation mandates of the ESA.
In the event that the USFWS becomes a co-lead agency for EIS
development, its needs and goals will be the same as those described
above.
Proposed Action
The Proposed Action by NMFS is the issuance of an ITP (and perhaps
an additional ITP from USFWS) based on an acceptable HCP for specific
listed and unlisted species for PWB's operation and maintenance of the
Bull Run water supply system for a period of 50 years, pursuant to
section 10(a)(1)(B) of the ESA.
PWB is applying for ITPs for the federally listed and nonlisted
species described above. Other listed and unlisted species for which
PWB is not seeking permit coverage may also benefit from the
conservation measures provided in the HCP.
Covered lands proposed for incidental take include all lands within
the hydrologic boundary of the Sandy River Basin but only to the extent
those lands are affected by the covered activities and/or the
conservation measures. Proposed coverage in the HCP is driven primarily
by PWB activities as they may affect aquatic and riparian species, not
by land ownership or management of land by the City.
Associated facilities include, but are not limited to:
[[Page 15170]]
Bull Run Dam Nos. 1 and 2 and associated structures
Reservoir No. 1 (Lake Ben Morrow) and Reservoir No. 2
Diversion Dam and Pool below Dam No. 2
Powerhouses and associated structures at Dam Nos. 1 and 2
Reservoir log booms and other reservoir structures
Headworks facility (screens, chlorination facility, operation
equipment)
Water supply conduits (including interties and blowoffs), bridges, and
trestles
Roads and other paved/graveled surfaces on non-federal lands
Water quality monitoring stations and flow gauges
Microwave communication towers
PWB facilities located outside the Sandy River Basin (e.g., urban
reservoirs, water distribution system, Columbia South Shore Well Field)
will not be covered in the ITPs. The PWB facilities at Bull Run Lake
are also not proposed for coverage. The PWB and NMFS do not anticipate
significant new facilities or major modifications to existing Bull Run
water supply system facilities during the term of the ITPs. If they
were proposed, future coverage of new facilities would require possible
amendment of the HCP and further NEPA review.
The ITP would cover activities associated with the lands and
facilities described above. These include:
Storage of water behind Dam No. 1 and Dam No. 2 on the
Bull Run River, and withdrawal of water from the Bull Run River at the
headworks diversion dam downstream of Dam No. 2 at River Mile 5.8. The
amount and timing of water storage and withdrawal would be determined
by the City to meet water demand, within the limits to be specified in
the HCP to maintain appropriate instream flow, water quality, and
temperature.
Operation, maintenance, and repair of water supply
facilities, including but not limited to adjustment of water intake
depth to regulate temperature, turbidity, and color; removal of debris
(including logs) from reservoirs; operation of boats and barges on
reservoirs; delivery and storage of fuel and lubricants for water
supply system vehicles and equipment; flushing and de-chlorination of
diversion conduits; and general landscape maintenance in and around
facilities.
Generation of electricity at Dam No. 1 and Dam No. 2 as a
byproduct of water supply operation, subject to limits on the release
of water through the turbines (ramping rates) to be specified in the
HCP.
Related land management activities such as maintenance and
repair of roads, bridges, culverts, and parking lots on non-federal
lands in the watershed; management of City-owned riparian lands in the
watershed; operation and maintenance of Dodge Park; and operation and
maintenance of the Sandy River Station headquarters and yard.
Implementation of habitat conservation measures and
monitoring measures included in the HCP.
Two specific improvements at DAM 2 intake towers and
spillway weir. Intake towers would be modified to allow for improved
water temperature management, and fish screens would be installed.
Spillway weir will be rebuilt to protect water supply conduits from the
energy of the spillway flow.
The PWB is not applying for coverage of forest management or other
land management activities on federal land (e.g., road maintenance,
building maintenance, communication system maintenance), and the
potential associated effects of habitat manipulation of terrestrial
species (e.g., northern spotted owl). Mechanisms other than
implementing an HCP (e.g., ESA consultations) have been, and will be,
used to deal with ESA compliance issues affecting those species and
activities, when and if they arise.
Conservation Measures
The PWB, in negotiation with the Services and with the assistance
of the Sandy River Basin Agreement (SRBA) partners, has identified
possible conservation measures that could provide ecological
compensation for incidental take. Identified conservation measures have
the following biological objectives:
Increase minimum flows in lower Bull Run River to improve spawning
and rearing habitat.
Minimize fish stranding by controlling river flow fluctuations.
Provide improved summer rearing water temperatures for steelhead.
Increase availability of spawning gravel in the lower Bull Run
River.
Improve habitat in the Sandy Basin.
Preserve riparian habitat along the lower Bull Run River.
Protect instream flows in the Little Sandy River.
Minimize mortality of cutthroat trout in Bull Run Reservoir 2.
Protect and improve riparian habitat along the lower and middle
mainstem Sandy River and the Salmon River.
Improve instream habitat in the Sandy Basin.
Restore access to blocked habitat in the Sandy Basin.
The PWB is proposing to implement conservation measures to address
these objectives for the duration of the HCP and term of the ITPs. The
preliminary package of measures is documented as draft conservation
measures available from the PWB. Implementation would also include
monitoring compliance with and effectiveness of the HCP provisions and
regular reporting to NMFS (and perhaps to the USFWS if an ITP is issued
under its jurisdiction). Adaptive management, as will be specified in
the HCP and associated federal Implementation Agreement, could result
in the modification and improvement of HCP measures in response to new
information.
Preliminary Alternatives
The EIS shall consider a range of alternative conservation
strategies that satisfy the project purpose and need. These
alternatives, including the Proposed Action, will be documented in the
draft EIS. Those alternatives best satisfying the underlying need as
well as addressing the project objectives of both the PWB and NMFS will
be fully evaluated in the draft EIS. In addition, a No Action
Alternative will be evaluated that considers actions likely to occur in
the absence of the HCP.
It is anticipated that, in addition to the No Action Alternative,
the draft EIS will provide a full evaluation of one or two other
alternatives that satisfy section 10 of the ESA and NEPA requirements
for alternatives analyses. These alternative conservation strategies
could describe sets of actions intended to further reduce the risk of
take, or describe different or additional measures intended to mitigate
the impacts of the proposed incidental take. An alternative that
includes transporting fish around the Bull Run dams will be evaluated.
Other examples of potential alternatives include different flow regimes
or altered conservation measure implementation schedules. Additional
project alternatives may be developed based on input received as a
result of this notice and the scoping process.
NMFS Scoping
NMFS and its cooperating agencies invite comments from all
interested parties to ensure that the full range of issues related to
the permit requests are addressed and that all significant issues are
identified. Comments are encouraged on potential impacts related to all
species described above in the event that the USFWS considers species
under its jurisdiction for coverage. No additional NEPA scoping is
anticipated if the USFWS becomes a co-lead agency
[[Page 15171]]
for the preparation of this EIS. We will conduct the environmental
review of the permit applications in accordance with the requirements
of the NEPA (42 U.S.C. 4321 et seq.), other appropriate Federal laws,
and regulations, policies, and procedures of the Services for
compliance with those regulations.
Comments and suggestions are invited from all interested parties to
ensure the full range of alternatives related to this proposed action,
including possible USFWS species coverage, and all significant issues
are identified. NMFS and the USFWS request that comments be as specific
as possible. Comments are requested to include information, issues, and
concerns regarding: The direct, indirect, and cumulative effects that
implementation of the proposal could have on all NMFS or USFWS-listed
endangered and threatened species described above for coverage or
potential coverage, or their habitats; other possible alternatives;
potential adaptive management and/or monitoring provisions; funding
issues; baseline environmental conditions; other plans or projects that
might be relevant to this project; and minimization and mitigation
measures. In addition to considering impacts to threatened and
endangered species and their habitats, the EIS will analyze the effects
the alternatives would cause to other components of the human
environment. As a result, comments are also solicited regarding these
other components of the human environment, which may include the
following: air quality; water quality and quantity; geology and soils;
cultural resources; social resources; economic resources; and
environmental justice.
After the environmental review is completed, NMFS will publish a
notice of availability and a request for comment on the draft EIS and
PWB's permit applications, which will include the draft HCP and draft
Implementation Agreement.
The draft EIS, draft HCP, and draft Implementation Agreement may
include actions by the USFWS, which would be described in the notice of
availability.
Dated: March 22, 2006.
Angela Somma,
Chief, Endangered Species Division, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. E6-4397 Filed 3-24-06; 8:45 am]
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