[Federal Register Volume 67, Number 104 (Thursday, May 30, 2002)]
[Notices]
[Pages 37776-37777]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 02-13558]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[I.D. 051602B]
Notice of Public Scoping and Preparation of an Environmental
Impact Statement for a Middle Fork Nooksack River Habitat Conservation
Plan
AGENCY: National Marine Fisheries Service, National Oceanic and
Atmospheric Administration, Commerce; Fish and Wildlife Service,
Interior.
ACTION: Notice of intent.
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SUMMARY: Pursuant to the National Environmental Policy Act, this notice
advises the public that the Fish and Wildlife Service and National
Marine Fisheries Service (Services) intend to gather information
necessary to prepare an Environmental Impact Statement (Statement). The
Statement will examine the proposed approval of a Habitat Conservation
Plan (Plan) and issuance of an incidental take permit (Permit) to take
threatened species in accordance with the Endangered Species Act of
1973, as amended (Act). The Permit applicant is the City of Bellingham
(City). The application is related to water withdrawals from the Middle
Fork Nooksack River and Lake Whatcom, and related activities located in
Whatcom County, Washington. The applicant intends to request Permits
for chinook salmon, bull trout, and Dolly varden, which are listed as
threatened under the Act. The City also plans to seek coverage for coho
salmon and eight other currently unlisted fish and wildlife species
under specific provisions of the Permit, should these
[[Page 37777]]
species be listed in the future. In accordance with the Act, the City
will prepare a Plan for, among other things, minimizing and mitigating
any such take that could occur incidental to the proposed Permit
activities.
The Services are furnishing this notice to: advise other agencies
and the public of our intentions; and to obtain suggestions and
information on the scope of issues to include in the environmental
document.
DATES: Written comments from all interested parties must be received on
or before July 1, 2002. A public scoping meeting will be held June 6,
2002, 6:30-9 p.m.
ADDRESSES: The scoping meeting will be held at the City of Bellingham
Public Works Building (Training Room Facility), 2221 Pacific Street,
Bellingham, WA. Comments and requests for information should be sent to
Mark Ostwald, Project Manager, U.S. Fish and Wildlife Service, 510
Desmond Drive, S.E., Suite 102, Lacey, Washington 98503-1273, facsimile
(360) 753-9518; or Tom Sibley, Project Manager, National Marine
Fisheries Service, 7600 Sand Point Way, N.E., Seattle, Washington,
98115, facsimile (206) 526-4746. Comments will not be accepted if
submitted via e-mail or the Internet.
FOR FURTHER INFORMATION CONTACT: Mark Ostwald, telephone (360) 753-
9564; or Tom Sibley, telephone (206) 526-4656.
SUPPLEMENTARY INFORMATION: Section 9 of the Endangered Species Act and
Federal regulations prohibit the ``taking'' of a species listed as
endangered or threatened. The term take is defined under the Act 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
by the U.S. Fish and Wildlife Service 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 (50 CFR 17.3). The National Marine
Fisheries Service's definition of harm includes significant habitat
modification or degradation where it actually kills or injures fish or
wildlife by significantly impairing essential behavioral patterns,
including breeding, spawning, rearing, feeding, and sheltering (64 FR
60727, November 8, 1999).
The Services may issue permits, under limited circumstances; to
take 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 promulgated in 50 CFR 17.22; and,
regulations governing permits for threatened species are promulgated in
50 CFR 17.32. National Marine Fisheries Service regulations governing
permits for threatened and endangered species are promulgated at 50 CFR
222.307.
Background
The City of Bellingham owns and operates a diversion dam on the
Middle Fork Nooksack River, a water withdrawal facility on Lake
Whatcom, and a water treatment facility near Lake Whatcom. These
facilities are located in and adjacent to the City of Bellingham, which
is located in Whatcom County, WA. Water is diverted from the Middle
Fork Nooksack River at the City's diversion dam, transported via
underground pipeline and an above ground canal to the upper end of Lake
Whatcom where the water is stored. Withdrawal of water for treatment
and ultimate municipal and industrial use occurs near the lower end of
Lake Whatcom.
Some of these water withdrawal and related activities have the
potential to impact species subject to protection under section 9 of
the Act, as described above. Section 10 of the Act contains provisions
for the issuance of permits to non-federal landowners for the take of
endangered and threatened species, provided the take is incidental to
otherwise lawful activities, and will not appreciably reduce the
likelihood of the survival and recovery of the species in the wild. In
addition, the applicant must prepare and submit to the Services for
approval, a Plan containing a strategy for minimizing and mitigating
all take associated with the proposed activities to the maximum extent
practicable. The applicant must also ensure that adequate funding for
the Plan will be provided.
The City of Bellingham has initiated discussions with the Services
regarding the possibility of developing a Plan and securing a Permit
for their water withdrawal from the Middle Fork Nooksack and Lake
Whatcom and related activities. Activities proposed for coverage under
the Permit include the following:
(1) Diversion of water from the Middle Fork Nooksack River to Lake
Whatcom, storage of water in Lake Whatcom, withdrawal of water from
Lake Whatcom, and transport of water to the City of Bellingham's water
treatment plant.
(2) Maintenance and operation of the City of Bellingham's Middle
Fork Diversion Dam, including dam repairs, screens (as appropriate),
and a fish ladder (as appropriate).
(3) Maintenance and operation of the City of Bellingham's Lake
Whatcom withdrawal system from the water intake to, but not including,
the water treatment plant; and regulation of discharge to Whatcom
Creek.
(4) Maintenance of water supply capacity and operational
flexibility necessary for efficient water supply operations that
minimize and/or avoid operational disruptions.
The Services will conduct an environmental review of the proposed
Plan and prepare a Statement. The environmental review will analyze the
proposal, as well as a full range of reasonable alternatives and the
associated impacts of each. The Services are currently in the process
of developing alternatives for analysis.
Comments and suggestions are invited from all interested parties to
ensure that the full range of alternatives related to this proposed
action and all significant issues are identified. Comments or questions
concerning this proposed action and the environmental review should be
directed to the Fish and Wildlife Service or National Marine Fisheries
Service [see ADDRESSES]. All comments and materials received, including
names and addresses, will become part of the administrative record and
may be released to the public.
The environmental review of this project will be conducted in
accordance with the requirements of the National Environmental Policy
Act of 1969, as amended (42 U.S.C. 4321 et seq.), National
Environmental Policy Act Regulations (40 CFR parts 1500-1508), other
appropriate Federal laws and regulations, and policies and procedures
of the Services for compliance with those regulations.
Dated: May 23, 2002.
Anne Badgley,
Regional Director, Fish and Wildlife Service, Region 1, Portland,
Oregon.
Dated: May 23, 2002.
Phil Williams,
Chief, Endangered Species Division, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 02-13558 Filed 5-29-02; 8:45 am]
BILLING CODE 3510-22-S, 4310-55-S