[Federal Register Volume 63, Number 86 (Tuesday, May 5, 1998)]
[Notices]
[Pages 24822-24823]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11821]



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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 Maxwell Irrigation 
District Canal Relocation Project, Colusa County, California

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability and receipt of application.

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SUMMARY: This notice advises the public that the Maxwell Irrigation 
District (District) has applied to the Service for an incidental take 
permit pursuant to section 10(a)(1)(B) of the Endangered Species Act of 
1973, as amended (Act). The proposed permit would authorize the 
incidental take of the giant garter snake (Thamnophis gigas), federally 
listed as threatened, and modification of its habitat during 
construction of a new water conveyance canal and associated facilities 
in Colusa County, California. The permit would be in effect for 2 
years.
    The Service announces the receipt of the District's incidental take 
permit application and the availability of the proposed Canal 
Relocation 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 District would 
undertake to minimize and mitigate project impacts to the giant garter 
snake. The Service has determined that the District's Plan qualifies as 
a ``low-effect'' Habitat Conservation Plan as defined by the 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 
Act.

DATES: Written comments on the permit application and Plan should be 
received on or before June 4, 1998.

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. 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. Lori Rinek or Mr. William Lehman, 
Sacramento Fish and Wildlife Office; telephone (916) 979-2129.

SUPPLEMENTARY INFORMATION: Section 9 of the Act and Federal regulation 
prohibit the ``take'' of a species listed as endangered or threatened, 
respectively (take is defined under the Act, in part, as to kill, harm, 
or harass). However, the Service, under limited circumstances, may 
issue permits to authorize ``incidental take'' of listed species 
(defined by the Act as take that is incidental to, and not the purpose 
of, the carrying out of an otherwise lawful activity). 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 District proposes to construct a new 2,500-foot long conveyance 
canal adjacent to an existing District canal and the Colusa Basin Drain 
(Colusa Drain), and a new siphon running underneath the Colusa Drain, 
to provide water for distribution directly to the District's service 
area. Currently, the District's existing canal runs west from its 
Sacramento River diversion for approximately 2.5 miles, where it meets 
the Colusa Drain. The District's water is then discharged into the 
Colusa Drain from the existing District canal, where it is co-mingled 
with water drained from approximately 450,000 acres of non-District 
agricultural lands; the water is then pumped from the Colusa Drain into 
the District's distribution system and then to its service area. As a 
result of irrigating with the co-mingled fresh and drain water from the 
Colusa Drain, crop productivity (mostly rice) on agricultural lands 
served by the District has declined due to warm water temperatures and 
poor water quality. The purpose of the proposed project is to permit 
the District to convey water directly to its service area without going 
through the Colusa Drain. The proposed project is located in Colusa 
County approximately 9.5 miles north of the town of Colusa and 
approximately two miles west of the Sacramento River and State Highway 
45. The project site is bordered on the north, south, and east by 
private agricultural lands (rice farming) and on the west by the 
Delevan National Wildlife Refuge.
    The new canal will convey water at 80 cubic feet per second and 
will end at the new siphon structure. The siphon structure will convey 
the water from the new District canal, beneath the Colusa Drain, to the 
existing District canal opposite the Colusa Drain. The proposed project 
will enhance crop productivity by ensuring high quality water for 
approximately 6,275 acres of agriculture in the District's service 
area. The proposed project would also provide a more reliable water 
supply.
    In May, 1997, the proposed project area was surveyed for potential 
habitat for rare, threatened, or endangered species and other 
biological features that could be affected by the project. Only one 
federally listed species, the threatened giant garter snake, has the 
potential to occur on the project site and to be directly impacted by 
the proposed project. The District has agreed to implement the 
following measures to minimize and mitigate impacts that may result 
from incidental take of the giant garter snake: (1) Conduct 
construction activities during time periods when take of the giant 
garter snake is less likely to occur; (2) ensure that a qualified 
biologist is present to monitor for snakes, and, if necessary, to 
remove from the project site any snakes encountered during 
construction; (3) ensure that dewatered channels remain dry for at 
least 15 consecutive days prior to any construction activity; (4) 
ensure that construction personnel receive worker awareness training; 
(5) install silt screens and fences to prevent erosion; (6) ensure that 
all excavated materials are prevented from washing into any 
watercourses; and (7) ensure that construction equipment disturbance 
will be minimized.
    The Service has determined that the Plan qualifies as a ``low-
effect'' Habitat Conservation Plan as defined by the Service's Habitat 
Conservation Planning Handbook (November 1996). Low-effect Habitat 
Conservation 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 Plan qualifies as a low-effect Habitat Conservation Plan for the 
following reasons:
    1. Approval of the Plan would result in minor or negligible effects 
on the giant garter snake and its habitat. The Service does not 
anticipate significant direct or cumulative effects to the giant garter 
snake resulting from construction of the new conveyance canal.
    2. Approval of the Plan would not have adverse effects on unique 
geographic, historic or cultural sites, or involve unique or unknown 
environmental risks.

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    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 the 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 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 Act. The 
Service will evaluate the permit application, the Plan, and comments 
submitted thereon to determine whether the application meets the 
requirements of section 10(a) of the Act. If it is determined that 
those requirements are met, a permit will be issued for the incidental 
take of the giant garter snake during the District's canal relocation 
project. The final permit decision will be made no sooner than 30 days 
from the date of this notice.

    Dated: April 28, 1998.
Thomas J. Dwyer,
Acting Regional Director, Region 1, Portland, Oregon.
[FR Doc. 98-11821 Filed 5-4-98; 8:45 am]
BILLING CODE 4310-55-P