[Federal Register Volume 63, Number 185 (Thursday, September 24, 1998)]
[Notices]
[Pages 51088-51090]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-25461]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration
[I.D. 090998C]


Availability of an Environmental Assessment and Receipt of 
Applications for Incidental Take Permits for the Operation of Pacific 
Gas and Electric Company's Pittsburg and Contra Costa Power Plants 
Circulating Water Systems, Sacramento-San Joaquin Estuary, California

AGENCIES: Fish and Wildlife Service, Interior; National Marine 
Fisheries Service, National Oceanic and Atmospheric Administration, 
Commerce.

ACTION: Notice of availability/receipt of applications.

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SUMMARY: This notice advises the public that Pacific Gas and Electric 
Company has applied to the Fish and Wildlife Service (Service) and the 
National Marine Fisheries Service (NMFS) for incidental take permits 
pursuant to the Endangered Species Act of 1973, as amended. The 
proposed permit issued by the Service would authorize the incidental 
take of the threatened delta smelt (Hypomesus transpacificus), the 
endangered California clapper rail (Rallus longirostris obsoletus), the 
endangered California least tern (Sterna antillarum (=albifrons) 
browni), and the endangered salt marsh harvest mouse (Reithrodontomys 
raviventris) during the implementation of Pacific Gas and Electric 
Company's Multispecies Habitat Conservation Plan (Conservation Plan).

[[Page 51089]]

The proposed Service-issued permit also would authorize future 
incidental take of Sacramento splittail (Pogonichthys macrolepidotus), 
currently proposed for listing as threatened, should it become listed 
under the Endangered Species Act. The proposed permit issued by NMFS 
would authorize the incidental take of the endangered winter-run 
chinook salmon (Oncorhynchus tshawytscha) and threatened Central Valley 
steelhead (Oncorhynchus mykiss) during the implementation of the 
Conservation Plan. The proposed take would occur incidental to power 
plant operations and related activities on Pacific Gas and Electric 
Company's lands at the Pittsburg and Contra Costa Power Plants in 
Contra Costa County, California, and incidental to restoration 
activities at the Montezuma Enhancement Site, Solano County, 
California. The permits would be in effect for 15 years.
    The Service and NMFS announce the availability for public comment 
of the permit applications, including the associated proposed 
Conservation Plan fully describing the proposed project, minimization 
and mitigation measures, and the accompanying Implementing Agreements. 
The Service and NMFS also announce the availability of an Environmental 
Assessment for the incidental take permit applications. 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 applications, Conservation Plan, 
Environmental Assessment and Implementing Agreements should be received 
on or before October 26, 1998.

ADDRESSES: Comments regarding the application or adequacy of the 
Conservation Plan, Environmental Assessment and Implementing Agreements 
with respect to delta smelt, Sacramento splittail, California clapper 
rail, California least tern, and salt marsh harvest mouse, or other 
species for which the Service has responsibility, should be addressed 
to the Field Supervisor, Fish and Wildlife Service, Sacramento Fish and 
Wildlife Office, 3310 El Camino Avenue, Suite 130, Sacramento, 
California 95821-6340.
    Comments regarding the application or adequacy of the Conservation 
Plan, Environmental Assessment and Implementing Agreements with respect 
to winter-run chinook salmon and Central Valley steelhead, or other 
species for which NMFS has responsibility should be addressed to the 
National Marine Fisheries Service, Southwest Region, 777 Sonoma Avenue, 
Santa Rosa, California 95404-6528. General comments or comments 
applicable to both agencies can be sent to either or both of the above 
addresses. Individuals wishing to receive copies of the application, 
Conservation Plan, Environmental Assessment and/or Implementing 
Agreements for review should immediately contact either of the above 
offices. Documents also will be available for public inspection, by 
appointment, during normal business hours at the above addresses.

FOR FURTHER INFORMATION CONTACT: Mike Thabault or Matthew Vandenberg, 
Fish and Wildlife Service, Sacramento Fish and Wildlife Office, (916) 
979-2725, or Penny Ruvelas, National Marine Fisheries Service, (707) 
575-6050.

SUPPLEMENTARY INFORMATION: Section 9 of the Endangered Species Act and 
its implementing Federal regulations prohibit the ``taking'' of a 
species listed as endangered or threatened. However, the Service and 
NMFS, under limited circumstances, may issue permits to allow take of 
endangered or threatened wildlife species if such taking is incidental 
to, and not the purpose of, otherwise lawful activities. Regulations 
governing permits for threatened and endangered species are codified in 
50 CFR 17.22 and 17.32, and 50 CFR 222.22 and 222.24-28.

Background

    The Pacific Gas and Electric Company seeks coverage for take of the 
federally listed winter-run chinook salmon, Central Valley steelhead, 
delta smelt, California clapper rail, California least tern, and salt 
marsh harvest mouse, as well as the proposed Sacramento splittail, 
(collectively ``covered species''), incidental to the operation of the 
Pittsburg and Contra Costa Power Plants. The actions proposed to be 
covered by the Conservation Plan and its associated incidental take 
permits are: (1) operations of the two power plants' circulating water 
systems; (2) maintenance and repair activities at the power plants; (3) 
enhancement of aquatic and terrestrial habitats at the Montezuma 
Enhancement Site; and (4) monitoring activities. Each of these actions 
may result in take of one or more of the listed species or in 
circumstances leading to the take of one or more of the listed species. 
The Conservation Plan is designed to include flexibility in its 
implementation; a series of circumstances or ``thresholds'' are 
described which would require adjustments to the power plants' 
circulating water systems and maintenance and repair schedules. 
Thresholds triggering adjustments to the plan include seasonal 
reductions in circulating water flow by operating the circulating water 
pumps under variable speed drive mode and seasonal restrictions on 
repair and maintenance activities within terrestrial habitats suitable 
for covered species.
    As a part of the Conservation Plan, Pacific Gas and Electric 
Company proposes to monitor the impacts to covered species resulting 
from the operations of the circulating water systems, the repair and 
maintenance programs, and the construction and operation of the 
Montezuma Enhancement Site. The Conservation Plan also includes 
measures to minimize the impact of the take, such as seasonal 
restrictions on operations and repairs and maintenance. The 
Conservation Plan also addresses the sale of the two power plants, 
expected to occur in the near future.
    The Environmental Assessment considers the environmental 
consequences of four alternatives plus a no-action alternative. 
Alternative 1, the proposed action, consists of the issuance of 
incidental take permits to Pacific Gas and Electric Company and 
implementation of the Conservation Plan.
    Under Alternative 2, Pacific Gas and Electric Company would install 
mechanical draft cooling towers at the Pittsburg and Contra Costa 
Plants and would enhance aquatic and wetland habitat at the Pittsburg 
Power Plant site. This closed-cycle system configuration would 
recirculate 100 percent of the circulating water flow through the 
cooling-tower system. The closed cycle system would reduce the volume 
of condenser cooling water to about 95 percent of that used in the 
existing design conditions.
    Under Alternative 3, Pacific Gas and Electric Company would 
decrease circulating water flows below thresholds established in the 
Proposed Action between February 1 and July 31 and enhance aquatic and 
wetland habitat at the Montezuma Enhancement Site. Circulating water 
flows could be less than 80 percent of design flow at the Pittsburg 
Power Plant and less than 95 percent of design flow at the Contra Costa 
Power Plant. Cooling-water flows could be reduced by reducing plant 
operation from February 1 through July 31, when fish species are most 
susceptible to entrainment in the cooling-water systems. Reductions in 
cooling-water flows could be expected to have a corresponding percent 
reduction in potential entrainment and impingement losses. Enhancement 
of

[[Page 51090]]

aquatic and wetland habitat at the Montezuma Enhancement Site under 
Alternative 3 would be the same as that described under the proposed 
action.
    Under Alternative 4, Pacific Gas and Electric Company would replace 
the existing fish screens at Units 1-6 at the Pittsburg Power Plant and 
Units 6 and 7 at the Contra Costa Power Plant with screens having 
smaller mesh sizes (e.g., 1/8 by \1/2\ inch) and lower approach 
velocities according to NMFS and the California Department of Fish and 
Game guidelines. The smaller mesh sizes and lower prescribed approach 
velocities necessitate additional major changes in the intake 
structures including: (1) an increase in the overall cross-sectional 
area of the intake bays (to reduce approach velocities); (2) the need 
for continuous rotating screens (to clean the smaller mesh screens); 
and (3) the need for fish bypass and return systems (to collect fish 
entrapped in the fish-screen cleaning system and return them safely to 
the Delta at a safe distance from the intake systems of the plants).
    Under the No-Action Alternative, the Service and NMFS would not 
issue incidental take permits, the plants would not continue to 
operate, Pacific Gas and Electric Company would not implement species 
protection and minimization measures as provided under the Conservation 
Plan, Pacific Gas and Electric Company would not implement the habitat 
enhancement project at the Montezuma Enhancement site, nor would they 
convey a perpetual conservation easement on the Montezuma Site to the 
California Department of Fish and Game.
    This notice is provided pursuant to section 10(a) of the Endangered 
Species Act and the National Environmental Policy Act of 1969 
regulations (40 CFR 1506.6). The Service and NMFS will evaluate the 
application, associated documents, and comments submitted thereon to 
determine whether the application meets the requirements of the 
National Environmental Policy Act regulations and section 10(a) of the 
Endangered Species Act. If it is determined that requirements are met, 
permits will be issued for incidental take of the listed species.

    Dated: September 4, 1998.
Michael J. Spear,
Manager, California/Nevada Operations Office, Fish and Wildlife 
Service, Region 1, Sacramento, California.

    Dated: September 15, 1998.
Kevin Collins,
Chief, Endangered Species Division, Office of Protected Resources, 
National Marine Fisheries Service, Silver Spring, Maryland.
[FR Doc. 98-25461 Filed 9-23-98; 8:45 am]
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