[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]



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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service


Endangered and Threatened Species Permit Application

AGENCY: Fish and Wildlife, Interior.

ACTION: Notice.

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    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]
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