Notice2024-06617
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
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 28, 2024
Issuing agencies
Interior DepartmentFish and Wildlife Service
Abstract
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.
Full Text
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<title>Federal Register, Volume 89 Issue 61 (Thursday, March 28, 2024)</title>
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[Federal Register Volume 89, Number 61 (Thursday, March 28, 2024)]
[Notices]
[Pages 21539-21540]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-06617]
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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.
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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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Submitting Comments: If you wish to submit comments, you may do so
in writing by one of the following methods:
<bullet> Online: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the
instructions for submitting comments on Docket No. FWS-R8-ES-2024-0020.
<bullet> 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:
<bullet> Minor nonsignificant effects on species covered in the
HCP;
<bullet> Nonsignificant effects on the human environment; and
<bullet> 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
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</html>Indexed from Federal Register on March 28, 2024.
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