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Availability of an Environmental Assessment and Receipt of an Application for an Incidental Take Permit for the Grants Pass Irrigation District, Habitat Conservation Plan, Jackson and Josephine Counties, Oregon

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

 [Federal Register: March 15, 2001 (Volume 66, Number 51)]
[Notices]
[Page 15080-15081]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15mr01-40]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 031201B]


Availability of an Environmental Assessment and Receipt of an
Application for an Incidental Take Permit for the Grants Pass
Irrigation District, Habitat Conservation Plan, Jackson and Josephine
Counties, Oregon

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

ACTION: Notice of application; request for public comment.

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SUMMARY: This notice advises the public that, pursuant to the
Endangered Species Act of 1973, as amended (Act), Grants Pass
Irrigation District (GPID) has submitted an application to the National
Marine Fisheries Service (NMFS) for an Incidental Take Permit (Permit)
regarding the operation of Savage Rapids Dam in Josephine and Jackson
Counties, Oregon, and has also prepared a Habitat Conservation Plan
(Plan) designed to minimize and mitigate incidental take of endangered
and threatened species. The proposed Permit would authorize the
incidental take of the Southern Oregon/Northern California coho salmon
(Oncorhynchus kisutch) and would also seek coverage for one species
(Klamath Mountain Province steelhead (O. Mykiss)) proposed for listing
under specific provisions of the Permit, should this species be listed
in the future. The duration of the proposed Permit and Plan is one
year. NMFS announces the availability of the Habitat Conservation Plan
and a draft Environmental Assessment for review and provides other
agencies and the public with the opportunity to review and comment on
these documents.

DATES: Written comments on the Permit application, draft Environmental
Assessment, and Habitat Conservation Plan must be received from
interested parties no later than April 16, 2001.

ADDRESSES: Requests for documents on CD ROM should be made by calling
the National Marine Fisheries Service at (503) 231-2377. For hardbound
copies and an electronic address see SUPPLEMENTARY INFORMATION, under
the heading, Libraries and Electronic Access. Comments and requests for
information should be directed to Nancy Munn, Project Biologist,
National Marine Fisheries Service, 525 NE Oregon Street, Suite 500,
Portland, OR, 97232-2778 (Tel (503) 231-6269; Fax (503) 231-6893).
Comments and materials received will also be available for public
inspection, by appointment, during normal business hours by calling
(503) 231-2377.

FOR FURTHER INFORMATION CONTACT: Nancy Munn, (503) 231-6269.

SUPPLEMENTARY INFORMATION: Section 9 of the 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, collect, or to
attempt to engage in any such conduct. The definition for ``harm''
includes significant habitat modification or degradation that actually
kills or injures wildlife by significantly impairing essential
behavioral patterns, including breeding, feeding or sheltering.
    NMFS may issue permits, under limited circumstances, to take listed
species incidental to otherwise lawful activities. Regulations
governing permits for threatened and endangered species are promulgated
at 50 CFR 222.307.

Background

    GPID currently serves approximately 8,000 patrons owning a total of
7,700 acres in Jackson and Josephine counties. Savage Rapids Dam
provides GPID with its primary water supply. Water is delivered through
160 miles of canals in the greater Grants Pass area. The water provided
by GPID is not treated and thus is not used for human consumption. Of
the 8,000 patrons, about 300 own more than 5 acres, and the remaining
7,700 own less than 5 acres. The patrons with more than 5 acres
represent a variety of agricultural interests as well as some
industrial interests. Of the 7,700 patrons owning less than 5 acres,
most use GPID water for small hayfields and/or personal vegetable
gardens.
    Fish passage has been an issue at Savage Rapids Dam since GPID
constructed the dam in 1921. Currently, there are fish ladders located
at both the north and south sides of the dam to provide for upstream
and downstream fish migration. The north fish ladder is a rectangular,
concrete structure containing pools 8 feet long and 9 feet wide. The
south fish ladder is a concrete structure approximately 100 feet long
and divided into 10 pools. Extending from the bottom of the south
ladder to the river are a series of fish resting pools and attraction
channels.
    GPID proposes to operate Savage Rapids Dam consistent with

[[Page 15081]]

conservation measures developed during 1998-2000 to reduce take, with
further operational modifications based on the timing of fish runs. The
duration of this proposal is one year. During the 1-year implementation
period, GPID will continue to pursue Federal authorization and funding
for dam removal. Within one year, more information regarding the
likelihood and timing of dam removal will be available, and a new
proposed action can be identified. The current proposed action would
divert 150 cubic feet per second (cfs) of water from the Rogue River
into GPID's distribution system during the 2001 irrigation season, from
April to October.
    Activities associated with the north turbine/pump intake, south
gravity intake, and the fish ladders have the potential to impact
species subject to protection under the Act. Section 10 of the Act
contains provisions for the issuance of incidental take permits to non-
Federal land owners 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 NMFS for approval a habitat conservation plan containing a
strategy to minimize, mitigate, and monitor 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.
    GPID has initiated discussions with NMFS regarding the possibility
of a Permit and associated Plan for activities at Savage Rapids Dam.
Activities proposed for inclusion in this Permit include: all aspects
of operating the dam, including opening and closing the radial gates,
installing and removing the stoplogs, and operating the fish ladders,
the turbine and the screens, and the diversion facilities. The Permit
and Plan would also cover monitoring activities and related scientific
experiments in the Plan area. The duration of the proposed Permit and
Plan is one year.
    NMFS is formally initiating an environmental review of the project
through this Federal Register notice. This notice announces a 30-day
public comment period, during which other agencies, tribes, and the
public are invited to provide comments on the Plan and Environmental
Assessment. The Environmental Assessment considers the No Action
alternative, the Proposed Action, and two additional action
alternatives.
    Under the No Action Alternative, a 99-year incidental take permit
would be issued for a Plan that would not make changes to its
historical operations (prior to 1998) although structural changes made
to facilities since 1998 would remain in place. In addition, GPID would
not pursue dam removal, and no monitoring for impacts to fish would
occur. Under the Proposed Action, NMFS would issue a 1-year Incidental
Take Permit, and GPID would implement its proposed Habitat Conservation
Plan at Savage Rapids Dam. Under another Alternative, which would
further restrict irrigation operations while continuing to pursue
funding for dam removal, NMFS would issue a 1-year Incidental Take
Permit, and GPID would implement a Habitat Conservation Plan with a
monitoring program and shut down triggers that are similar to the
Proposed Action. A final Alternative proposes the issuance of a 99-year
Incidental Take Permit for a Plan that would replace the north
irrigation screens with new screens in compliance with NMFS' screen
criteria. The Savage Rapids Dam and its water-powered turbine pumps
would remain in place with this Alternative. No monitoring of impacts
to fish would occur, and there would be no triggers for the shut-down
of operations.
    Alternatives considered but not analyzed in detail include an
Alternative based on the Proposed Action and the removal of the dam,
which includes the construction of two new pumping plants and site
restoration. This alternative was not analyzed because of the
uncertainty associated with funding. Late in 2000, Senators Ron Wyden
and Gordon Smith introduced legislation to provide Federal funding to
remove Savage Rapids Dam, but there was no time to move the bill
forward during the session. The bill will be re-introduced in the
current Congress, although funding is uncertain at this time.
    The No Action, Proposed Action, and two alternatives are analyzed
in detail in the draft Environmental Assessment.
    This notice is provided pursuant to section 10(a) of the Act and to
National Environmental Policy Act regulations. NMFS will evaluate the
application, associated documents, and comments submitted thereon to
determine whether the application meets the requirements of the Act and
the National Environmental Policy Act. If it is determined that the
requirements are met, a permit will be issued for the incidental take
of listed species. The final permit decision will be made no sooner
than April 16, 2001.

Libraries and Electronic Access

    Hardbound copies are available for viewing, or partial or complete
duplication, at the following libraries: Medford Headquarters Library,
Headquarters Regional Services, 413 West Main Street, Medford, Oregon
97501, Tel (541) 774-8689; Rogue River Regional Library, West County
Regional Services, 412 East Main Street, Rogue River, Oregon 97537, Tel
(541) 582-1714; Josephine County Library Services, Main Library, 200
N.W. ``C'' Street, Grants Pass, OR 97526, Tel (541) 474-5480. The
documents are also available electronically on the World Wide Web at
http://www.nwr.noaa.gov/1habcon/habweb/hcp.htm.

    Dated: March 9, 2001.
Phil Williams,
Acting Chief, Endangered Species Division, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 01-6454 Filed 3-14-01; 8:45 am]
BILLING CODE 3510-22-S

 
 

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