[Federal Register Volume 74, Number 242 (Friday, December 18, 2009)]
[Notices]
[Pages 67173-67174]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-30184]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XT22


Habitat Conservation Plan for the Santa Clara Valley Water 
District's Operations and Maintenance Activities in the Coyote Creek, 
Guadalupe River, and Stevens Creek Watersheds, Santa Clara County, 
California

AGENCY:  National Oceanic and Atmospheric Administration (NOAA), 
National Marine Fisheries Service (NMFS), Department of Commerce.

ACTION: Revised notice of intent (NOI) to prepare an Environmental 
Impact Statement/Environmental Impact Report (EIS/EIR).

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SUMMARY:  Pursuant to the National Environmental Policy Act (NEPA), 
NMFS is issuing a revised notice to advise the public of our intent, in 
coordination with the Santa Clara Valley Water District (District), to 
conduct public scoping necessary to gather information to prepare a 
joint Environmental Impact Statement/Environmental Impact Report (EIS/
EIR). The EIS/EIR will analyze the environmental effects of the 
proposed issuance of 50-year incidental take permits under the Federal 
Endangered Species Act of 1973, as amended, (ESA), for a Habitat 
Conservation Plan (HCP) within a portion of the Coyote Creek, Guadalupe 
River, and Stevens Creek watersheds (Three Creeks) and proposed 
modifications of the District's appropriative water rights by the State 
Water Resources Control Board (SWRCB) to settle litigation against the 
District concerning alleged impacts of its operations on fish, 
wildlife, water quality and other beneficial uses. The first NOI to 
prepare an EIS/EIR was published in the Federal Register on August 4, 
2005, but since that time changes to the scope of the proposed action 
have occurred. NMFS provides this notice to (1) describe revisions to 
the proposed action; (2) describe Federal lead and cooperating agency 
roles; (3) update other Federal and State agencies and the public of 
the revised scope of the environmental review for this EIS/EIR; and (4) 
obtain suggestions and information on the scope of issues and 
alternatives to be included in the EIS/EIR.

DATES:  Written comments concerning the revised scope of the HCP and 
its associated environmental analysis should be received on or before 
January 19, 2010.

ADDRESSES:  Send written comments to Gary Stern, San Francisco Bay 
Region Supervisor, National Marine Fisheries Service, Santa Rosa Area 
Office, 777 Sonoma Avenue, Room 325, Santa Rosa, CA 95404, facsimile 
(707) 578-3435; or via e-mail to [email protected].

FOR FURTHER INFORMATION CONTACT:  Gary Stern, National Marine Fisheries 
Service at the address shown above or at (707) 575-6060.

SUPPLEMENTARY INFORMATION:

Background

    As the primary water management agency for Santa Clara County, 
California, the District has constructed and currently operates and 
maintains a system of local reservoirs, flood control channels, 
groundwater recharge facilities, and water conveyance facilities in the 
Santa Clara Valley, and serves an area of approximately 1,300 sq mi 
(3,367 sq km) with a population of 1.8 million. It acts as the county's 
water wholesaler and flood protection agency, serving as the steward 
for the streams and creeks, underground aquifers and District-built 
reservoirs within the County.
    On July 11, 1996, a complaint was filed against the District 
alleging that its operations on the Three Creeks were adversely 
affecting fish and their habitat. In an effort to settle the complaint 
the District initiated the Fisheries and Aquatic Habitat Collaborative 
Effort (FAHCE). The FAHCE process culminated successfully in the Draft 
Settlement Agreement (DSA). In order to adopt and implement the DSA and 
pursue regulatory certainty of its existing and future water supplies, 
the District seeks an incidental take permit that would provide long-
term assurances for the reliability of water supplies.
    On August 4, 2005, the NMFS issued an NOI to prepare an EIS/EIR for 
the environmental effects of NMFS' issuance of an incidental take 
permit under the ESA to the District for the Three Creeks HCP. A public 
scoping meeting was held on August 9, 2005, in San Jose, California. 
Public and agency comments were received during the scoping meeting and 
written comments were received through September 15, 2005.
    In 2005, activities covered by the proposed HCP were limited to on-
going operations and maintenance of eight existing dams and reservoirs 
in the Guadalupe River, Coyote Creek, and Stevens Creek watershed. As 
described in the original NOI, the DSA is proposed to occur in three 
10-year phases to achieve the overall goal of restoring and maintaining 
healthy steelhead and salmon populations as appropriate to each of the 
three watersheds. As set forth in more detail in the original NOI, DSA 
Phase 1 activities include, but are not limited to: (1) Re-operation of 
reservoirs in accordance with specified criteria for flood releases, 
fish passage, fish rearing, and other non-emergency operations and 
maintenance; (2) removal or remediation of Priority 1 District-owned 
barriers to fish passage and up to 50 percent cost sharing to remove or 
remediate Priority 1 barriers owned by others; (3) construction of fish 
habitat enhancement structures and other restoration actions in the 
three watersheds; (4) implementation actions to restore geomorphic 
functions as necessary for channel maintenance or formation in the 
three watersheds; and (5) development and adoption of general 
guidelines, applying environmentally sensitive techniques, to maintain 
or enhance geomorphic functions, riparian conditions and bank 
stabilization projects undertaken by other persons.
    DSA Phase 2 activities include: (1) Extension of the distribution 
of suitable habitat for salmon and steelhead in Coyote Creek and 
Guadalupe River watersheds, as feasible; (2) relocation of the Coyote 
Percolation Facility to a site off-stream; (3) removal or remediation 
of Priority 2 barriers owned by the District; (4) use of recycled or 
other urban water to augment flows in Coyote Creek and Guadalupe River, 
as feasible; (5) implementation of a trap and truck operation to 
relocate adult steelhead above existing dams in the Three Creeks 
watersheds and to assist in smolt out-migration; (6) construction of a 
bypass channel or other modification necessary to isolate Alamitos 
Creek and Guadalupe River from Lake Almaden;

[[Page 67174]]

and (7) removal or modification of Almaden Reservoir to allow for 
unimpeded access of anadromous fish to upper watershed habitat. DSA 
Phase 3 activities include all those measures not implemented in Phase 
2, but needed to achieve the overall management objectives.

Revisions to Project/Proposed Action

    Since the DSA was developed in 2003, and the NOI was published on 
August 5, 2005, on-going evaluations of dam safety by the District, in 
coordination with the California Division of Safety of Dams (DSOD), 
have determined that (a) reservoir storage may need to be reduced to 
provide an appropriate margin of safety during anticipated earthquakes 
(b) major repairs could be needed at all reservoirs over the 50-year 
life of the HCP, and (c) safety retrofits would likely be required at 
one or more dams to ensure seismic stability of the dams and 
reservoirs. As a result of these evaluations, the District has proposed 
to expand the scope of Covered Activities in the HCP to include non-
routine repair and maintenance activities at dams associated with dam 
and reservoir safety. Proposed Covered Activities have been revised to 
include the following additional activities in the Three Creeks HCP: 
(1) reservoir operations associated seismic safety evaluations and 
resulting interim storage restrictions developed by SCVWD and DSOD; (2) 
temporary dam operations during major maintenance and repair of 
District facilities that require dewatering of a reservoir; (3) routine 
and corrective dam and reservoir maintenance including on-going 
inspections, maintenance, repairs, and rehabilitation of dams and 
associated facilities; (4) dam safety retrofits that include upstream 
and/or downstream embankment strengthening (embankment and buttress 
methods); (5) the operation and maintenance of recharge facilities; and 
(6) conservation program measures that include a suite of habitat 
enhancement and restoration activities.
    In addition to the expansion of Covered Activities, proposed 
Covered Species in the HCP has been expanded to 22 species (Covered 
Species), including 8 federally listed threatened or endangered species 
and 14 unlisted species that may become listed during the term of the 
permits. The 8 federally listed species are: the threatened Bay 
checkerspot butterfly (Euphydryas editha bayensis); threatened 
California red-legged frog (Rana aurora draytonii), threatened 
California tiger salamander (Ambystoma californiense); threatened 
central California coast steelhead (Oncorhynchus mykiss); endangered 
least Bell's vireo (Vireo bellii pusillus); endangered coyote ceanothus 
(Ceanothus ferrisae); endangered Santa Clara Valley dudleya (Dudleya 
setchellii); and endangered Metcalf Canyon jewelflower (Caulanthus 
californicus).The 14 unlisted species proposed for coverage are the 
foothill yellow-legged frog (Rana boylii); western pond turtle (Clemmys 
(=Actinemys) marmorata marmorata and C. (=Actinemys) m. pallida); 
Pacific lamprey (Lampetra tridentata); Central Valley fall-run Chinook 
salmon (Oncorhynchus tshawytscha); tricolored blackbird (Agelaius 
tricolor); fragrant fritillary (Fritillaria liliacea); most beautiful 
jewelflower (Streptanthus alba ssp. peramoenus); big scale balsamroot 
(Balsamorhiza macrolepis var macrolepis); Mount Hamilton thistle 
(Cirsium fontinale var. campylon ); San Francisco collinsia (Collinsia 
multicolor ); Loma Prieta hoita (Hoita strobilina); smooth lessengia 
(Lessingia micradenia var. glabrata); Hall's bush mallow (Malacothamnus 
hallii); and western leatherwood (Dirca occidentalis). Species may be 
added or deleted during the course of proposed HCP development based on 
further analysis, new information, agency consultation, and public 
comment. NMFS has authority to include listed Central California Coast 
steelhead and unlisted Central Valley fall-run Chinook salmon in the 
District's incidental take permit.

Environmental Impact Statement

    NEPA (42 U.S.C. 4321 et seq.) requires that Federal agencies 
conduct an environmental analysis of their proposed actions to 
determine if the actions may significantly affect the human 
environment. To assist in determining whether this project would cause 
significant impacts that would result in the preparation of an EIS 
refer to 40 CFR 1508.27 or 40 CFR 1508.2. These sections provide 
information on how to determine whether effects are significant under 
NEPA and, therefore, would trigger the preparation of an EIS. Under 
NEPA, a reasonable range of alternatives to proposed projects is 
developed and considered in the NMFS environmental review. Alternatives 
considered for analysis in an environmental document may include: 
variations in the scope of covered activities; variations in the 
location, amount, and type of conservation; variations in permit 
duration; or, a combination of these elements. The EIS/EIR will 
consider the proposed action, the issuance of section 10(a)(1)(B) 
permits under the ESA, and several alternatives, representing varying 
levels of conservation, impacts from covered activities, the list of 
covered species, or a combination of these factors. Additionally, a No 
Action alternative will be included. Under the No Action alternative, 
NMFS would not issue Section 10(a)(1)(B) permits. In addition, the EIS/
EIR will identify potentially significant direct, indirect, and 
cumulative impacts on biological resources, land use, air quality, 
water quality, water resources, socioeconomics, and other environmental 
resources that could occur with the implementation of the proposed 
actions and alternatives. A detailed description of the impacts of the 
proposed action and each alternative will be included in the EIS/EIR.
    The primary purpose of the scoping process is for the public to 
assist the NMFS and the District in developing the EIS/EIR by 
identifying important issues and alternatives related to the proposed 
action. NMFS invites comments from all interested parties regarding the 
proposed expansion of Covered Activities and Covered Species. NMFS 
requests that comments be as specific as possible. In particular, we 
request information regarding: (1) The direct, indirect, and cumulative 
impacts that implementation of the proposed HCP with the expanded 
Covered Activities could have on endangered and threatened and other 
covered species, and their communities and habitats; (2) other possible 
alternatives that meet the purpose and need; potential adaptive 
management and/or monitoring provisions; (3) funding issues; (4) 
existing environmental conditions in the HCP area; (5) other plans or 
projects that might be relevant to this proposed project; and (6) 
minimization and mitigation efforts.
    Comments will only be accepted in written form. You may submit 
written comments by mail, electronic mail to NMFS, facsimile 
transmission, or in person (see ADDRESSES). Before including your 
address, phone number, e-mail address, or other personal identifying 
information in your comment, you should be aware that your entire 
comment including your personal identifying information may be made 
publicly available at any time.

    Dated: December 14, 2009.
Angela Somma,
Chief, Endangered Species Division, Office of Protected Resources, 
National Marine Fisheries Service.
[FR Doc. E9-30184 Filed 12-17-09; 8:45 am]
BILLING CODE 3510-22-S