[Federal Register Volume 75, Number 78 (Friday, April 23, 2010)]
[Notices]
[Pages 21344-21345]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-9507]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R1-ES-2010-N040]
[10120-1112-0000-F2]

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XU69


Habitat Conservation Plan for City of Kent, Washington

AGENCY:  Fish and Wildlife Service, Interior; National Marine Fisheries 
Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), 
Commerce.

ACTION:  Notice of Receipt of an Application for Incidental Take 
Permits; Notice of Availability of a Draft Environmental Impact 
Statement and Draft Habitat Conservation Plan, Including a Proposed 
Implementation Agreement for Public Comment.

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SUMMARY:  The City of Kent, Washington (Kent), has submitted 
applications to the National Marine Fisheries Service (NMFS) and U.S. 
Fish and Wildlife Service (FWS) (together, the Services, us) for 
Incidental Take Permits (Permit) under the Endangered Species Act of 
1973, as amended (ESA). We jointly prepared a Draft Environmental 
Impact Statement (DEIS) to support permit-issuance decisions by each 
agency. As required by the ESA, Kent has also prepared a Habitat 
Conservation Plan (Plan) designed to minimize and mitigate any such 
take of endangered or threatened species. The Permit applications are 
related to water withdrawal and habitat enhancement measures on Rock 
Creek, tributary to the Cedar River, King County, Washington. The 
Permit and the Plan each have a proposed term of 50 years.
    We request comments from the public on the DEIS, the proposed Plan, 
and the proposed Implementation Agreement (IA). All comments we receive 
will become part of the public record and will be available for review 
under the ESA.

DATES: We must receive any written comments on the DEIS, draft Plan, 
and draft IA no later than June 22, 2010.

ADDRESSES:  Address all written comments to: Tim Romanski, U.S. Fish 
and Wildlife Service, 510 Desmond Drive SE, Suite 102, Lacey, WA 98503, 
facsimile (360) 753-9518; or John Stadler, National Marine Fisheries 
Service, 510 Desmond Drive SE, Suite 103, Lacey, WA 98503, facsimile 
(360)

[[Page 21345]]

753-9517. Alternatively, you may submit your comment by e-mail, to 
[email protected]. In the subject line of the e-mail include the 
identifier ``City of Kent, Clark Springs Water Supply HCP EIS.'' 
Comments and materials we receive will be available for public 
inspection, by appointment, during normal business hours at the above 
addresses. To review the DEIS, the proposed Plan, and the proposed IA, 
see ``Document Availability'' under SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Tim Romanski, U.S. Fish and Wildlife 
Service, 510 Desmond Drive SE, Suite 102, Lacey, WA 98503, facsimile 
(360) 753-9518; or John Stadler, National Marine Fisheries Service, 510 
Desmond Drive SE, Suite 103, Lacey, WA 98503, facsimile (360) 753-9517.

SUPPLEMENTARY INFORMATION:

Statutory Authority

    Section 9 of the ESA and its implementing Federal regulations 
prohibit the ``taking'' of a species listed as endangered or 
threatened. The term take is defined under the ESA to mean harass, 
harm, pursue, hunt, shoot, wound, kill trap, capture, or collect, or to 
attempt to engage in any such conduct. Harm is defined to include 
significant habitat modification or degradation where it actually kills 
or injures wildlife by significantly impairing essential behavioral 
patterns, including breeding, feeding, and sheltering. Harass is 
defined as an intentional or negligent act or omission which creates 
the likelihood of injury to wildlife by annoying it to such an extent 
as to significantly disrupt normal behavioral patterns including 
breeding, feeding, and sheltering.
    We may issue permits, under limited circumstances, to allow the 
take of listed species incidental to, and not the purpose of, otherwise 
lawful activities. U.S. Fish and Wildlife Service regulations governing 
permits for endangered species are in 50 CFR 17.22 and regulations 
governing permits for threatened species are in 50 CFR 17.32. National 
Marine Fisheries Service regulations governing permits for threatened 
and endangered species are at 50 CFR 222.307.

Background

    The Permit applications are related to the operation and 
maintenance of Kent's Clark Springs Water Supply System adjacent to 
Rock Creek, King County, Washington. The Clark Springs Water Supply 
System consists of a spring-fed infiltration gallery and three well 
pumps. This facility is located adjacent to Rock Creek 1.8 miles 
upstream of the creek's confluence with the Cedar River. The facility 
is surrounded by 320 acres of Kent-owned land that is geographically 
separated from the City of Kent. Covered activities can be summarized 
as follows:
     Diversions of ground and surface water under Kent's 
existing water rights via infiltration gallery, well pumps, and 
infrastructure;
     Operation and maintenance of Clark Springs Water Supply 
facilities;
     Maintenance of 320 acres of Kent-owned property as it 
relates to the protection of its water supply; and
     Operation and maintenance of a water augmentation system 
for the enhancement of instream flows.
    The Permit applications Kent submitted to the Services address the 
potential take of three ESA-listed threatened species and six unlisted 
species that may be affected by Kent's water withdrawal activities at 
the Clark Springs facility in the Rock Creek Watershed. The listed 
species under FWS jurisdiction is the bull trout (Salvelinus 
confluentus), listed as threatened. Unlisted species under FWS 
jurisdiction include coastal cutthroat trout (Oncorhynchus clarki 
clarki), Pacific lamprey (Lampetra tridentatus), and river lamprey (L. 
ayresi). Listed species under NMFS jurisdiction are the Puget Sound 
Chinook salmon (O. tshawytscha) and Puget Sound steelhead trout (O. 
mykiss), both listed as threatened. Unlisted species under NMFS 
jurisdiction include coho salmon (O. kisutch), chum salmon (O. keta), 
and sockeye salmon (O. nerka).
    We formally initiated an environmental review of the project 
through publication of a Notice of Intent to prepare an Environmental 
Impact Statement in the Federal Register on June 19, 2006 (71 FR 
35286). That notice also announced a public scoping period during which 
interested parties were invited to provide written comments expressing 
their issues or concerns relating to the proposal, and to attend a 
public scoping meeting held in Kent, Washington.
    Based on public scoping comments, we prepared a DEIS to analyze the 
effects of alternatives on the human environment. Alternative 2 in the 
DEIS is described as implementation of Kent's Plan, FWS issuance of a 
Permit for bull trout and other unlisted species, and NMFS issuance of 
a Permit for Chinook salmon, steelhead trout, and other unlisted 
species should they become listed in the future. The other alternative 
analyzed in the DEIS was Alternative 1, No-Action, under which Kent 
would continue operating the Clark Springs facility without benefit of 
incidental take coverage from the Services.
    We provide this notice under ESA and NEPA regulations. We will 
evaluate the application, associated documents, and comments submitted 
thereon to determine whether the application meets the requirements of 
the ESA and NEPA. We will then prepare the Final Environmental Impact 
Statement (FEIS). Our decisions of whether to issue incidental take 
permits on the application will be made upon completion of the FEIS and 
the ESA determination.

Document Availability

    The documents are available electronically on the World Wide Web at 
http://www.nwr.noaa.gov/Salmon-Habitat/Habitat-Conservation-Plans/HCPs-in-Process.cfm.
    Documents are also available at the following public locations:
     Covington Library, 27100 164th Ave. SE, Covington, WA 
98042;
     Maple Valley Library, 21844 SE 248th Street, Maple Valley, 
WA 98038-8582; and
     Kent Library, 212 2nd Avenue North Kent, WA 98032.
     City of Kent Engineering Counter, Centennial Center, 
Engineering 2nd Floor, 400 West Gowe Street, Kent, WA 98032.

    Dated: April 19, 2010.
Angela Somma,
Chief, Endangered Species Division, Office of Protected Resources, 
National Marine Fisheries Service.

    Dated: April 19, 2010.
Carolyn A. Bohan,
Acting Deputy Regional Director, U.S. Fish and Wildlife Service, Region 
1, Portland, Oregon.
[FR Doc. 2010-9507 Filed 4-22-10; 8:45 am]
BILLING CODES 4310-55-S; 3510-22-S