[Federal Register Volume 89, Number 61 (Thursday, March 28, 2024)]
[Notices]
[Pages 21539-21540]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06617]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[Docket No. FWS-R8-ES-2024-0020; FXES11140800000]


Endangered and Threatened Species; Receipt of an Incidental Take 
Permit Application and Proposed Habitat Conservation Plan; City of 
Colton, San Bernardino County, CA; Categorical Exclusion

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comments.

-----------------------------------------------------------------------

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have 
received an application for an incidental take permit to take the 
federally listed Santa Ana sucker under the Endangered Species Act 
(ESA). We request public comment on the application, which includes the 
applicant's proposed habitat conservation plan (HCP), and the Service's 
preliminary determination that the proposed permitting action may be 
eligible for a categorical exclusion pursuant to the Council on 
Environmental Quality's National Environmental Policy Act (NEPA) 
regulations, the Department of the Interior's (DOI) NEPA regulations, 
and the DOI Departmental Manual. To make this preliminary 
determination, we prepared a draft environmental action statement and 
low-effect screening form, both of which are also available for public 
review. We invite comment from the public and local, State, Tribal, and 
Federal agencies.

DATES: We must receive your written comments on or before April 29, 
2024.

ADDRESSES: 
    Obtaining Documents: You may obtain copies of the documents this 
notice announces, along with public comments received, online in Docket 
No. FWS-R8-ES-2024-0020 at https://www.regulations.gov.
    Submitting Comments: If you wish to submit comments, you may do so 
in writing by one of the following methods:
     Online: https://www.regulations.gov. Follow the 
instructions for submitting comments on Docket No. FWS-R8-ES-2024-0020.
     U.S. mail: Public Comments Processing, Attn: Docket No. 
FWS-R8-ES-2024-0020; U.S. Fish and Wildlife Service, MS: PRB/3W; 5275 
Leesburg Pike; Falls Church, VA 22041-3803.

FOR FURTHER INFORMATION CONTACT: Ms. Karin Cleary-Rose, Division 
Supervisor, Carlsbad Fish and Wildlife Office, 760-322-2070. 
Individuals in the United States who are deaf, blind, hard of hearing, 
or have a speech disability may dial 711 (TTY, TTD, or TeleBraille) to 
access telecommunications relay services. Individuals outside the 
United States should use the relay services offered within their 
country to make international calls to the point-of-contact in the 
United States.

SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service, 
received an application from the Colton/San Bernardino Regional 
Tertiary Treatment and Water Reclamation Authority and San Bernardino 
Municipal Water Department (applicants) for an incidental take permit 
under the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 
1531 et seq). The requested permit would authorize take of the 
federally threatened Santa Ana sucker (Catostomus santaanae) incidental 
to the ongoing operation of the rapid infiltration and extraction (RIX) 
facility along approximately 2 miles of the Santa Ana River, in the 
city of Colton, San Bernardino County, California.
    We request public comment on the application, which includes the 
applicant's proposed habitat conservation plan (HCP), and on the 
Service's preliminary determination that this proposed ITP qualifies as 
low effect, and may qualify for a categorical exclusion pursuant to the 
Council on

[[Page 21540]]

Environmental Quality's National Environmental Policy Act (NEPA) 
regulations (40 CFR 1501.4), the Department of the Interior's (DOI) 
NEPA regulations (43 CFR 46), and the DOI's Departmental Manual (516 DM 
8.5(C)(2)). To make this preliminary determination, we prepared a draft 
environmental action statement and low-effect screening form, both of 
which are also available for public review.

Proposed Project

    The project area is located along an approximately 2-mile stretch 
of the Santa Ana River in the City of Colton in San Bernardino County, 
California. The applicants request a 50-year incidental take permit for 
temporary impacts to approximately 2 miles of river occupied by Santa 
Ana sucker. The RIX facility supplies tertiary treated water to this 
stretch of the river and contributes to the functional quality of Santa 
Ana sucker habitat in the affected reach of the river. The applicants 
propose to avoid, minimize, and mitigate the impacts of RIX facility 
shutdowns on the 2-mile stretch of river by using supplemental 
groundwater wells that can supply up to 16 cubic feet per second of 
replacement water, coordinating with partners to monitor fish during 
shutdowns, and monitoring effects by conducting studies to assess the 
impact of the facility operations on Santa Ana sucker populations in 
this stretch of the river.

Our Preliminary Determination

    The Service has made a preliminary determination that the project, 
including continued operation and maintenance of the RIX facility and 
the proposed mitigation, would individually and cumulatively have a 
minor effect on the Santa Ana sucker and the human environment. 
Therefore, we have preliminarily determined that the proposed ESA 
section 10(a)(1)(B) permit would be a low-effect ITP that individually 
or cumulatively would have a minor effect on the Santa Ana sucker and 
may qualify for application of a categorical exclusion pursuant to the 
Council on Environmental Quality's NEPA regulations, DOI's NEPA 
regulations, and the DOI Departmental Manual.
    A low-effect ITP is one that would result in:
     Minor nonsignificant effects on species covered in the 
HCP;
     Nonsignificant effects on the human environment; and
     Impacts that, when added together with the impacts of 
other past, present, and reasonable foreseeable actions, would not 
result in significant cumulative effects to the human environment.

Next Steps

    We will evaluate the proposed application and any comments received 
to determine whether to issue the requested permit. We will also 
conduct an intra-Service consultation pursuant to section 7(a)(2) of 
the ESA to evaluate the effects of the proposed take. After considering 
the preceding and other matters, we will determine whether the permit 
issuance criteria of section 10(a)(1)(B) of the ESA have been met. If 
met, we will issue the permit to the applicants for incidental take of 
the Santa Ana sucker.

Public Availability of Comments

    Before including your address, phone number, email 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 to the public. While you 
may request that we withhold your personal identifying information, we 
cannot guarantee that we will be able to do so.

Authority

    The Service provides this notice under section 10(c) of the 
Endangered Species Act (16 U.S.C. 1531 et seq.) and its implementing 
regulations (50 CFR 17.32) and the National Environmental Policy Act 
(42 U.S.C. 4321 et seq.) and its implementing regulations (40 CFR 1500-
1508 and 43 CFR 46).

Scott Sobiech,
Field Supervisor, Carlsbad Fish and Wildlife Office, Carlsbad, 
California.
[FR Doc. 2024-06617 Filed 3-27-24; 8:45 am]
BILLING CODE 4333-15-P