Availability of an Environmental Assessment and Receipt of Applications for Incidental Take Permits for the Operation of Pacific Gas and Electric Company's Pittsburg and Contra Costa Power Plants Circulating Water Systems, Sacramento-San Joaquin Estuary, California

Federal RegisterSep 24, 1998

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 090998C]

Availability of an Environmental Assessment and Receipt of

Applications for Incidental Take Permits for the Operation of Pacific

Gas and Electric Company's Pittsburg and Contra Costa Power Plants

Circulating Water Systems, Sacramento-San Joaquin Estuary, California

AGENCIES: Fish and Wildlife Service, Interior; National Marine

Fisheries Service, National Oceanic and Atmospheric Administration,

Commerce.

ACTION: Notice of availability/receipt of applications.

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SUMMARY: This notice advises the public that Pacific Gas and Electric

Company has applied to the Fish and Wildlife Service (Service) and the

National Marine Fisheries Service (NMFS) for incidental take permits

pursuant to the Endangered Species Act of 1973, as amended. The

proposed permit issued by the Service would authorize the incidental

take of the threatened delta smelt (Hypomesus transpacificus), the

endangered California clapper rail (Rallus longirostris obsoletus), the

endangered California least tern (Sterna antillarum (=albifrons)

browni), and the endangered salt marsh harvest mouse (Reithrodontomys

raviventris) during the implementation of Pacific Gas and Electric

Company's Multispecies Habitat Conservation Plan (Conservation Plan).

[[Page 51089]]

The proposed Service-issued permit also would authorize future

incidental take of Sacramento splittail (Pogonichthys macrolepidotus),

currently proposed for listing as threatened, should it become listed

under the Endangered Species Act. The proposed permit issued by NMFS

would authorize the incidental take of the endangered winter-run

chinook salmon (Oncorhynchus tshawytscha) and threatened Central Valley

steelhead (Oncorhynchus mykiss) during the implementation of the

Conservation Plan. The proposed take would occur incidental to power

plant operations and related activities on Pacific Gas and Electric

Company's lands at the Pittsburg and Contra Costa Power Plants in

Contra Costa County, California, and incidental to restoration

activities at the Montezuma Enhancement Site, Solano County,

California. The permits would be in effect for 15 years.

The Service and NMFS announce the availability for public comment

of the permit applications, including the associated proposed

Conservation Plan fully describing the proposed project, minimization

and mitigation measures, and the accompanying Implementing Agreements.

The Service and NMFS also announce the availability of an Environmental

Assessment for the incidental take permit applications. All comments

received, including names and addresses, will become part of the

official administrative record and may be made available to the public.

DATES: Written comments on the permit applications, Conservation Plan,

Environmental Assessment and Implementing Agreements should be received

on or before October 26, 1998.

ADDRESSES: Comments regarding the application or adequacy of the

Conservation Plan, Environmental Assessment and Implementing Agreements

with respect to delta smelt, Sacramento splittail, California clapper

rail, California least tern, and salt marsh harvest mouse, or other

species for which the Service has responsibility, should be addressed

to the Field Supervisor, Fish and Wildlife Service, Sacramento Fish and

Wildlife Office, 3310 El Camino Avenue, Suite 130, Sacramento,

California 95821-6340.

Comments regarding the application or adequacy of the Conservation

Plan, Environmental Assessment and Implementing Agreements with respect

to winter-run chinook salmon and Central Valley steelhead, or other

species for which NMFS has responsibility should be addressed to the

National Marine Fisheries Service, Southwest Region, 777 Sonoma Avenue,

Santa Rosa, California 95404-6528. General comments or comments

applicable to both agencies can be sent to either or both of the above

addresses. Individuals wishing to receive copies of the application,

Conservation Plan, Environmental Assessment and/or Implementing

Agreements for review should immediately contact either of the above

offices. Documents also will be available for public inspection, by

appointment, during normal business hours at the above addresses.

FOR FURTHER INFORMATION CONTACT: Mike Thabault or Matthew Vandenberg,

Fish and Wildlife Service, Sacramento Fish and Wildlife Office, (916)

979-2725, or Penny Ruvelas, National Marine Fisheries Service, (707)

575-6050.

SUPPLEMENTARY INFORMATION: Section 9 of the Endangered Species Act and

its implementing Federal regulations prohibit the ``taking'' of a

species listed as endangered or threatened. However, the Service and

NMFS, under limited circumstances, may issue permits to allow take of

endangered or threatened wildlife species if such taking is incidental

to, and not the purpose of, otherwise lawful activities. Regulations

governing permits for threatened and endangered species are codified in

50 CFR 17.22 and 17.32, and 50 CFR 222.22 and 222.24-28.

Background

The Pacific Gas and Electric Company seeks coverage for take of the

federally listed winter-run chinook salmon, Central Valley steelhead,

delta smelt, California clapper rail, California least tern, and salt

marsh harvest mouse, as well as the proposed Sacramento splittail,

(collectively ``covered species''), incidental to the operation of the

Pittsburg and Contra Costa Power Plants. The actions proposed to be

covered by the Conservation Plan and its associated incidental take

permits are: (1) operations of the two power plants' circulating water

systems; (2) maintenance and repair activities at the power plants; (3)

enhancement of aquatic and terrestrial habitats at the Montezuma

Enhancement Site; and (4) monitoring activities. Each of these actions

may result in take of one or more of the listed species or in

circumstances leading to the take of one or more of the listed species.

The Conservation Plan is designed to include flexibility in its

implementation; a series of circumstances or ``thresholds'' are

described which would require adjustments to the power plants'

circulating water systems and maintenance and repair schedules.

Thresholds triggering adjustments to the plan include seasonal

reductions in circulating water flow by operating the circulating water

pumps under variable speed drive mode and seasonal restrictions on

repair and maintenance activities within terrestrial habitats suitable

for covered species.

As a part of the Conservation Plan, Pacific Gas and Electric

Company proposes to monitor the impacts to covered species resulting

from the operations of the circulating water systems, the repair and

maintenance programs, and the construction and operation of the

Montezuma Enhancement Site. The Conservation Plan also includes

measures to minimize the impact of the take, such as seasonal

restrictions on operations and repairs and maintenance. The

Conservation Plan also addresses the sale of the two power plants,

expected to occur in the near future.

The Environmental Assessment considers the environmental

consequences of four alternatives plus a no-action alternative.

Alternative 1, the proposed action, consists of the issuance of

incidental take permits to Pacific Gas and Electric Company and

implementation of the Conservation Plan.

Under Alternative 2, Pacific Gas and Electric Company would install

mechanical draft cooling towers at the Pittsburg and Contra Costa

Plants and would enhance aquatic and wetland habitat at the Pittsburg

Power Plant site. This closed-cycle system configuration would

recirculate 100 percent of the circulating water flow through the

cooling-tower system. The closed cycle system would reduce the volume

of condenser cooling water to about 95 percent of that used in the

existing design conditions.

Under Alternative 3, Pacific Gas and Electric Company would

decrease circulating water flows below thresholds established in the

Proposed Action between February 1 and July 31 and enhance aquatic and

wetland habitat at the Montezuma Enhancement Site. Circulating water

flows could be less than 80 percent of design flow at the Pittsburg

Power Plant and less than 95 percent of design flow at the Contra Costa

Power Plant. Cooling-water flows could be reduced by reducing plant

operation from February 1 through July 31, when fish species are most

susceptible to entrainment in the cooling-water systems. Reductions in

cooling-water flows could be expected to have a corresponding percent

reduction in potential entrainment and impingement losses. Enhancement

of

[[Page 51090]]

aquatic and wetland habitat at the Montezuma Enhancement Site under

Alternative 3 would be the same as that described under the proposed

action.

Under Alternative 4, Pacific Gas and Electric Company would replace

the existing fish screens at Units 1-6 at the Pittsburg Power Plant and

Units 6 and 7 at the Contra Costa Power Plant with screens having

smaller mesh sizes (e.g., 1/8 by \1/2\ inch) and lower approach

velocities according to NMFS and the California Department of Fish and

Game guidelines. The smaller mesh sizes and lower prescribed approach

velocities necessitate additional major changes in the intake

structures including: (1) an increase in the overall cross-sectional

area of the intake bays (to reduce approach velocities); (2) the need

for continuous rotating screens (to clean the smaller mesh screens);

and (3) the need for fish bypass and return systems (to collect fish

entrapped in the fish-screen cleaning system and return them safely to

the Delta at a safe distance from the intake systems of the plants).

Under the No-Action Alternative, the Service and NMFS would not

issue incidental take permits, the plants would not continue to

operate, Pacific Gas and Electric Company would not implement species

protection and minimization measures as provided under the Conservation

Plan, Pacific Gas and Electric Company would not implement the habitat

enhancement project at the Montezuma Enhancement site, nor would they

convey a perpetual conservation easement on the Montezuma Site to the

California Department of Fish and Game.

This notice is provided pursuant to section 10(a) of the Endangered

Species Act and the National Environmental Policy Act of 1969

regulations (40 CFR 1506.6). The Service and NMFS will evaluate the

application, associated documents, and comments submitted thereon to

determine whether the application meets the requirements of the

National Environmental Policy Act regulations and section 10(a) of the

Endangered Species Act. If it is determined that requirements are met,

permits will be issued for incidental take of the listed species.

Dated: September 4, 1998.

Michael J. Spear,

Manager, California/Nevada Operations Office, Fish and Wildlife

Service, Region 1, Sacramento, California.

Dated: September 15, 1998.

Kevin Collins,

Chief, Endangered Species Division, Office of Protected Resources,

National Marine Fisheries Service, Silver Spring, Maryland.

[FR Doc. 98-25461 Filed 9-23-98; 8:45 am]

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Availability of an Environmental Assessment and Receipt of Applications for Incidental Take Permits for the Operation of Pacific Gas and Electric Company's Pittsburg and Contra Costa Power Plants Circulating Water Systems, Sacramento-San Joaquin Estuary, California · 63 FR 51088 | Frix