[Federal Register Volume 63, Number 178 (Tuesday, September 15, 1998)]
[Notices]
[Pages 49364-49365]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-24659]
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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 two Pacific Gas and
Electric Company Projects, Santa Clara County, California
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability and receipt of application.
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SUMMARY: The Pacific Gas and Electric Company 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 (Act).
The Service proposes to issue a 3-year permit to Pacific Gas and
Electric that would authorize the take of the bay checkerspot butterfly
(Euphydryas editha bayensis), federally listed as threatened, and
modification of its habitat incidental to otherwise lawful activities.
Such take would occur during the rewiring of the Metcalf-Edenvale 115-
kilovolt transmission line and the installation of the 4th circuit on
the Metcalf-Monta Vista 230-kilovolt line in Santa Clara County,
California.
We request comments from the public on the permit application,
which is available for review. The application includes a Habitat
Conservation Plan (Plan). The Plan describes the proposed project and
the measures that the Pacific Gas and Electric Company would undertake
to minimize and mitigate project impacts to the bay checkerspot
butterfly.
We also request comments on our preliminary determination that the
Plan qualifies as a ``low-effect'' Habitat Conservation Plan, eligible
for a categorical exclusion under the National Environmental Policy
Act. We explain the basis for this determination in an Environmental
Action Statement, available for public review.
DATES: Written comments should be received on or before October 15,
1998.
ADDRESSES: Send written comments to Mr. Wayne White, Field Supervisor,
Fish and Wildlife Service, 3310 El Camino Avenue, Suite 130,
Sacramento,
[[Page 49365]]
California 95821-6340. Comments may be sent by facsimile to (916) 979-
2744.
FOR FURTHER INFORMATION CONTACT: Ms. Lori Rinek or Mr. William Lehman,
Fish and Wildlife Biologists, at the above address or telephone (916)
979-2129.
SUPPLEMENTARY INFORMATION:
Document Availability
Please contact the above Fish and Wildlife Service office if you
would like copies of the application, Plan, and Environmental Action
Statement. Documents also will be available for review by appointment,
during normal business hours, at the above address.
Background
Section 9 of the Endangered Species Act and Federal regulation
prohibit the take of wildlife species listed as endangered or
threatened, respectively. Under the Act, the term ``take'' means to
harass, harm, pursue, hunt shoot, wound, kill, trap, capture, or
collect listed wildlife, or to attempt to engage in any such conduct.
The Service may, under limited circumstances, issue permits to
authorize incidental take; i.e., take that is incidental to, and not
the purpose of, the carrying out of an otherwise lawful activity.
Regulations governing permits for threatened and endangered species are
found in 50 CFR 17.32 and 17.22.
To meet the electrical needs of customers in the rapidly growing
Silicon Valley area of northern California (Sunnyvale, Mountain View,
Cupertino, San Jose, and Fremont), the Pacific Gas and Electric Company
plans to make changes to the existing Metcalf-Edenvale 115-kilovolt
power lines and the existing Metcalf-Monta Vista 230-kilovolt
transmission lines. The changes to the Metcalf-Edenvale line involve
replacing the existing 6 wires with 12 wires along approximately 4.9
miles of transmission line, and installing fiber optic cables. The
changes to the Metcalf-Monta Vista transmission line involve
installation of a 4th circuit that would affect the first 7 miles of
this 28-mile-long line.
In May 1998, biologists surveyed the proposed project areas for
potential habitat of rare, threatened, or endangered species and other
biological features that could be affected by the projects. Based upon
the surveys, the Service concluded that only one federally listed
species, the threatened bay checkerspot butterfly, has the potential to
be impacted by the proposed project.
The Pacific Gas and Electric Company has agreed to implement the
following measures to minimize and mitigate impacts that may result
from incidental take of the bay checkerspot butterfly: (1) conduct
construction activities during time periods when take of the bay
checkerspot butterfly is less likely to occur; (2) ensure that a
qualified biologist is present to monitor and oversee technical issues
relative to compliance with the mitigation and conservation measures
for each project; (3) restrict work activities to a 50-foot radius area
from the center of most towers; (4) ensure that photographs are taken
to document serpentine habitat conditions immediately prior to the
start of work and also to document post-project conditions; (5) ensure
that a revegetation plan is prepared and implemented if the bay
checkerspot habitat has not reverted to its native cover state in the
impact areas post-construction; (6) ensure that contingencies are put
in place if unanticipated early rains occur prior to the completion of
the projects; (7) ensure that construction equipment disturbance will
be minimized; (8) ensure construction personnel receive worker
awareness training; (9) ensure that measures are taken to prevent
accidental wildfires; and (10) contribute to a fund managed by the San
Francisco Bay Wildlife Society for conservation of the bay checkerspot
butterfly.
The Service has made a preliminary determination that the Pacific
Gas and Electric Company's Plan qualifies as a ``low-effect'' habitat
conservation plan as defined by our Habitat Conservation Planning
Handbook (November 1996). Low-effect plans are those involving: (1)
minor or negligible effects on federally listed, proposed, and
candidate species and their habitats; and (2) minor or negligible
effects on other environmental values or resources. The Pacific Gas and
Electric Company's 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 bay checkerspot butterfly and its habitat. The Service does not
anticipate significant direct or cumulative effects to the bay
checkerspot butterfly resulting from rewiring of the lines or addition
of a 4th circuit. Less than 6 acres of butterfly habitat will be
temporarily disturbed, and only 0.002 acres will be permanently
disturbed by the proposed action.
2. Approval of the Plan 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 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 therefore has preliminarily 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). Based upon this
preliminary determination, we do not intend to prepare further National
Environmental Policy Act documentation. The Service will consider
public comments in making its final determination on whether to prepare
such additional documentation.
The Service provides this notice pursuant to section 10(c) of the
Endangered Species Act. We 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 the
requirements are met, the Service will issue a permit to the Pacific
Gas and Electric Company for the incidental take of the bay checkerspot
butterfly during the rewiring of the Metcalf-Edenvale 115-kilovolt
transmission line and during installation of the 4th circuit on the
Metcalf-Monta Vista 230-kilovolt line. We will make the final permit
decision no sooner than 30 days from the date of this notice.
Dated: September 9, 1998.
Vicki M. Finn,
Acting Manager, California/Nevada Operations Office, Fish and Wildlife
Service, Sacramento, California.
[FR Doc. 98-24659 Filed 9-14-98; 8:45 am]
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