[Federal Register Volume 61, Number 148 (Wednesday, July 31, 1996)] [Notices] [Pages 39978-39979] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-19405] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Availability of an Environmental Assessment and Receipt of an Application for an Incidental Take Permit for Pacific Gas and Electric Company's Blackhawk Distribution Feeder Main Natural Gas Pipeline, Contra Costa County, CA AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of availability. ----------------------------------------------------------------------- SUMMARY: This notice advises that the Pacific Gas and Electric Company has applied to the U.S. Fish and Wildlife Service (Service) for an incidental take permit pursuant to of the Endangered Species Act of 1973, as amended (Act). The application has been assigned permit number PRT-817075. The proposed permit would authorize the incidental take of the federally threatened California red-legged frog (Rana aurora draytonii) and/or its habitat during the installation and operation of a natural gas distribution pipeline. The permit would be in effect for three years. The Service also announces the availability of an environmental assessment for the incidental take permit application, which includes the proposed Habitat Conservation Plan (HCP) fully describing the proposed project and mitigation, and the accompanying Implementing Agreement. This notice is provided pursuant to section 10(a) of the Act and National Environmental Policy Act regulations (40 CFR 1506.6). All comments, including names and addresses, received will become part of the official administrative record and may be made available to the public. DATES: Written comments on the permit application, environmental assessment and Implementing Agreement should be received on or before August 30, 1996. ADDRESSES: Comments regarding the application or adequacy of the environmental assessment and Implementing Agreement should be addressed to, U.S. Fish and Wildlife Service, Sacramento Field Office, 3310 El Camino, Suite 130, Sacramento, California 95821-6340. Please refer to permit number PRT-817075 when submitting comments. Individuals wishing copies of the application, environmental assessment or Implementing Agreement for review should immediately contact the above office. Documents will also be available for public inspection, by appointment, during normal business hours at the above address. FOR FURTHER INFORMATION CONTACT: Mr. Michael Horton or Ms. Tiki Baron, Sacramento Field Office, 916-979-2725. SUPPLEMENTARY INFORMATION: Section 9 of the Act prohibits the ``taking'' of a species listed as threatened or endangered. However, the Service, under limited circumstances, may issue permits to take listed species incidental to, and not the purpose of, otherwise lawful activities. Regulations governing permits for threatened species are promulgated at 50 CFR 17.32. Background Pacific Gas and Electric Company proposes to install and operate a 4-mile-long buried natural gas pipeline within a 50-foot-wide right-of- way in the vicinity of San Ramon, Contra Costa County, California. The site is located east and south of San Ramon, California. Pacific Gas and Electric Company seeks coverage for the temporary disturbance of habitat and potential direct take of the California red-legged frog on approximately 5 acres of the project site. To compensate for project impacts, Pacific Gas and Electric Company will develop and implement a plan to acquire, enhance, maintain, restore and/or create and monitor approximately 10 acres of suitable California red-legged frog habitat (two acres of compensation habitat for every one acre of habitat disturbed) within the San Francisco Bay/Suisun Bay watershed. In addition, the approximately 5 acres of temporarily disturbed habitat would be restored to suitable California red-legged frog habitat. Other measures are specified in the Habitat Conservation Plan to minimize the potential for take during installation activities. The environmental assessment considers the environmental consequences of four alternatives. The no project alternative would result in no [[Page 39979]] immediate environmental impacts. However, this alternative does not satisfy the purpose and need of the proposed project (to supply natural gas in a safe and reliable manner) and may adversely impact the local economy if natural gas service was curtailed or limited. This alternative was rejected because it would prevent Pacific Gas and Electric Company from meeting its customer demands, its legal mandate and the California Public Utilities Commission's mandate to provide safe, adequate and reliable natural gas service. Alternative 2 would utilize an existing utility right-of-way to install and operate the proposed natural gas pipeline. This alternative alignment is longer than the proposed alignment and therefore more expensive to install. In addition, this alignment would require additional seismic fault protection and may encounter future land use conflicts. Although this alternative would likely result in fewer initial impacts to the California red-legged frog, the potential for significant long-term impacts is greater than with the proposed alternative. Alternative 3 would utilize an existing road franchise along Dougherty Road for pipeline installation. This currently unpaved road would be closed to traffic during pipeline installation and portions of the road would need to be reconstructed and improved following installation. Thus, while Alternative 3 would entail fewer initial impacts to the California red-legged frog, the potential long-term impacts resulting from increased traffic and contaminants from road runoff would likely be greater than with the proposed alternative. Alternative 4, the proposed alternative, was selected because: (1) It best satisfies the needs and purpose of the proposed project; (2) it is likely to result in a relatively low level of incidental take; and (3) impacts are minimized and mitigated by the conservation of suitable California red- legged frog habitat and other measures specified in the Habitat Conservation Plan. This notice is provided pursuant to section 10(a) of the Act and National Environmental Policy Act of 1969 regulations (40 CFR 1506.6). The Service will evaluate the application, associated documents, and comments submitted thereon to determine whether the application meets the requirements of National Environmental Policy Act regulations and section 10(a) of the Act. If it is determined that the requirements are met, a permit will be issued for the incidental take of the listed species. The final permit decision will be made following a review of all comments received in response to this notice. Dated: July 25, 1996. David L. McMullen, Acting Regional Director, Region 1, Portland, Oregon. [FR Doc. 96-19405 Filed 7-30-96; 8:45 am] BILLING CODE 4310-55-P