[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]


-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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