83 FR 23480 - Draft Environmental Assessment and Draft Habitat Conservation Plan; Western Travis County Public Utility Agency Raw Water Transmission Main, Travis County, Texas

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 83, Issue 98 (May 21, 2018)

Page Range		23480-23481
FR Document		2018-10797

We, the U.S. Fish and Wildlife Service (Service), make available the draft Western Travis County Public Utility Agency (WTCPUA) Habitat Conservation Plan, as well as the associated draft environmental assessment, for construction of a raw water pipeline in Travis County, Texas. WTCPUA has applied to the Service for an incidental take permit (ITP) under the Endangered Species Act of 1973, as amended. The requested ITP, which would be in effect for a period of 30 years, if granted, would authorize incidental take of the federally listed golden-cheeked warbler (Setophaga [=Dendroica] chrysoparia). The proposed incidental take would occur during construction of a raw water pipeline as a result of vegetation clearing, earth-moving activities, and pipeline construction and also during operation and maintenance of the pipeline. In addition, incidental take would occur as a result of the operation and maintenance of existing facilities, including the existing water pipeline, water intake, and the Uplands Water Treatment Facility.

Federal Register, Volume 83 Issue 98 (Monday, May 21, 2018)

[Federal Register Volume 83, Number 98 (Monday, May 21, 2018)]
[Notices]
[Pages 23480-23481]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-10797]



[[Page 23480]]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R2-ES-2017-N177; FXES11140200000-189-FF02ENEH00]


Draft Environmental Assessment and Draft Habitat Conservation 
Plan; Western Travis County Public Utility Agency Raw Water 
Transmission Main, Travis County, Texas

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comments.

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

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), make 
available the draft Western Travis County Public Utility Agency 
(WTCPUA) Habitat Conservation Plan, as well as the associated draft 
environmental assessment, for construction of a raw water pipeline in 
Travis County, Texas. WTCPUA has applied to the Service for an 
incidental take permit (ITP) under the Endangered Species Act of 1973, 
as amended. The requested ITP, which would be in effect for a period of 
30 years, if granted, would authorize incidental take of the federally 
listed golden-cheeked warbler (Setophaga [=Dendroica] chrysoparia). The 
proposed incidental take would occur during construction of a raw water 
pipeline as a result of vegetation clearing, earth-moving activities, 
and pipeline construction and also during operation and maintenance of 
the pipeline. In addition, incidental take would occur as a result of 
the operation and maintenance of existing facilities, including the 
existing water pipeline, water intake, and the Uplands Water Treatment 
Facility.

DATES: Submission of comments: We will accept comments received or 
postmarked on or before June 20, 2018.

ADDRESSES: 
    Obtaining documents: You may obtain copies of the application, the 
proposed draft habitat conservation plan (HCP), the draft environmental 
assessment, or other related documents by going to the Service's 
website at http://www.fws.gov/southwest/es/AustinTexas/. Alternatively, 
a limited number of CD-ROM and printed copies of the draft 
environmental assessment and draft HCP are available, by request, from 
Mr. Adam Zerrenner, Austin Ecological Services Field Office, 10711 
Burnet Road, Suite 200, Austin, TX 78758-4460; telephone 512-490-0057; 
fax 512-490-0974. Please note that your request is in reference to the 
WTCPUA dHCP.
    The incidental take permit application is available by mail from 
the Regional Director, U.S. Fish and Wildlife Service, P.O. Box 1306, 
Room 6034, Albuquerque, NM 87103. Copies of the draft environmental 
assessment and draft HCP are also available for public inspection and 
review at the following locations, by appointment and written request 
only, 8 a.m. to 4:30 p.m.:
     U.S. Fish and Wildlife Service, 500 Gold Avenue SW, Room 
6034, Albuquerque, NM 87102.
     U.S. Fish and Wildlife Service, 10711 Burnet Road, Suite 
200, Austin, TX 78758.
    Submitting Comments: You may submit written comments by one of the 
following methods:
     Submit electronic comments to [email protected]. 
Please note that your request is in reference to the WTCPUA dHCP.
     By hard copy: Mr. Adam Zerrenner, Austin Ecological 
Services Field Office, 10711 Burnet Road, Suite 200, Austin, TX 78758-
4460; telephone 512-490-0057; fax 512-490-0974. Please note that your 
request is in reference to the WTCPUA dHCP.
    We request that you submit comments by only the methods described 
above. Generally, we will post any personal information you provide us 
(see the Public Availability of Comments section for more information).

FOR FURTHER INFORMATION CONTACT: Adam Zerrenner, Field Supervisor, U.S. 
Fish and Wildlife Service, 10711 Burnet Road, Suite 200, Austin, TX 
78758 or (512) 490-0057.

SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service 
(Service), make available the draft environmental assessment (dEA) for 
the Western Travis County Public Utility Agency (WTCPUA) draft Habitat 
Conservation Plan (dHCP) for construction of a raw water pipeline in 
Travis County, Texas. WTCPUA has applied for an incidental take permit 
(ITP) that would be in effect for 30 years. If granted, the ITP would 
authorize incidental take of the golden-cheeked warbler (Setophaga 
[=Dendroica] chrysoparia; the ``Covered Species''), which is listed as 
an endangered species under the Endangered Species Act of 1973, as 
amended (Act; 16 U.S.C. 1531 et seq.).
    In accordance with the requirements of the National Environmental 
Policy Act of 1969 (NEPA; 42 U.S.C. 4321 et seq.), we advise the public 
that:
    1. We have gathered the information necessary to determine impacts 
and formulate alternatives for the dEA related to potential issuance of 
an ITP to WTCPUA (the applicant); and
    2. The applicant has developed a dHCP as part of the application 
for an ITP, which describes the measures the applicant has agreed to 
take to minimize and mitigate the effects of incidental take of the 
Covered Species to the maximum extent practicable pursuant to section 
10(a)(1)(B) of the Act.
    As described in the dHCP, the proposed incidental take would occur 
within, and adjacent to, the right-of-way of an existing water pipeline 
in Travis County, Texas; and would result from activities associated 
with otherwise lawful activities. The dEA considers the direct, 
indirect, and cumulative effects of implementation of the dHCP, 
specifically the measures that will be implemented to minimize and 
mitigate, to the maximum extent practicable, the impacts of the 
incidental take of the Covered Species.

Proposed Action

    The ITP would cover incidental ``take'' of the Covered Species 
associated with construction, operation, and maintenance of a new water 
pipeline, as well as the operation and maintenance of an existing water 
pipeline within the Permit Area (the ``Covered Activities''). The 
proposed action is the issuance of an ITP by the Service for the 
Covered Activities in the permit area, pursuant to section 10(a)(1)(B) 
of the Act.
    The requested term of the permit is 30 years. To meet the 
requirements of a section 10(a)(1)(B) ITP, the applicant has developed 
and proposes to implement its dHCP, which describes the conservation 
measures the applicant has agreed to undertake. These measures are 
designed to minimize and mitigate for the impacts of the proposed 
incidental take of the Covered Species, to the maximum extent 
practicable, and ensure that incidental take will not appreciably 
reduce the likelihood of the survival and recovery of this species in 
the wild.
    The applicant proposes to mitigate impacts to the Covered Species 
with the purchase of 28 conservation credits (acres) in an approved 
golden-cheeked warbler habitat conservation bank.

Alternatives

    We are considering one alternative to the proposed action as part 
of this process: No Action. Under a No Action alternative, the Service 
would not issue the requested ITP and WTCPUA would either not construct 
the transmission main water pipeline or construct the pipeline in a 
manner that avoids incidental take. Therefore, the applicant would not 
implement the conservation measures described in the dHCP.

[[Page 23481]]

Public Availability of Comments

    All comments we receive become part of the public record associated 
with this action. Requests for copies of comments will be handled in 
accordance with the Freedom of Information Act, NEPA, and Service and 
Department of the Interior policies and procedures. 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 at any time. While you can ask us to withhold 
your personal identifying information from public review, we cannot 
guarantee that we will be able to do so. All submissions from 
organizations or businesses, and from individuals identifying 
themselves as representatives or officials of organizations or 
businesses, will be made available for public disclosure in their 
entirety.

Authority

    We provide this notice under the authority of section 10(c) of the 
Act and its implementing regulations (50 CFR 17.22 and 17.32) and NEPA 
(42 U.S.C. 4371 et seq.) and its implementing regulations (40 CFR 
1506.6).

Amy L. Lueders,
Regional Director, Southwest Region, Albuquerque, New Mexico.
[FR Doc. 2018-10797 Filed 5-18-18; 8:45 am]
 BILLING CODE 4333-15-P

23480 Federal Register / Vol. 83, No. 98 / Monday, May 21, 2018 / Notices

DEPARTMENT OF THE INTERIOR The incidental take permit 2. The applicant has developed a
application is available by mail from the dHCP as part of the application for an
Fish and Wildlife Service Regional Director, U.S. Fish and ITP, which describes the measures the
Wildlife Service, P.O. Box 1306, Room applicant has agreed to take to minimize
[FWS–R2–ES–2017–N177; and mitigate the effects of incidental
6034, Albuquerque, NM 87103. Copies
FXES11140200000–189–FF02ENEH00]
of the draft environmental assessment take of the Covered Species to the
Draft Environmental Assessment and and draft HCP are also available for maximum extent practicable pursuant to
Draft Habitat Conservation Plan; public inspection and review at the section 10(a)(1)(B) of the Act.
Western Travis County Public Utility following locations, by appointment and As described in the dHCP, the
Agency Raw Water Transmission Main, written request only, 8 a.m. to 4:30 p.m.: proposed incidental take would occur
Travis County, Texas • U.S. Fish and Wildlife Service, 500 within, and adjacent to, the right-of-way
Gold Avenue SW, Room 6034, of an existing water pipeline in Travis
AGENCY: Fish and Wildlife Service, Albuquerque, NM 87102. County, Texas; and would result from
Interior. • U.S. Fish and Wildlife Service, activities associated with otherwise
ACTION: Notice of availability; request 10711 Burnet Road, Suite 200, Austin, lawful activities. The dEA considers the
for comments. TX 78758. direct, indirect, and cumulative effects
Submitting Comments: You may of implementation of the dHCP,
SUMMARY: We, the U.S. Fish and submit written comments by one of the specifically the measures that will be
Wildlife Service (Service), make following methods: implemented to minimize and mitigate,
available the draft Western Travis • Submit electronic comments to to the maximum extent practicable, the
County Public Utility Agency FW2_AUES_Consult@fws.gov. Please impacts of the incidental take of the
(WTCPUA) Habitat Conservation Plan, note that your request is in reference to Covered Species.
as well as the associated draft the WTCPUA dHCP. Proposed Action
environmental assessment, for • By hard copy: Mr. Adam Zerrenner,
construction of a raw water pipeline in Austin Ecological Services Field Office, The ITP would cover incidental
Travis County, Texas. WTCPUA has 10711 Burnet Road, Suite 200, Austin, ‘‘take’’ of the Covered Species
applied to the Service for an incidental TX 78758–4460; telephone 512–490– associated with construction, operation,
take permit (ITP) under the Endangered 0057; fax 512–490–0974. Please note and maintenance of a new water
Species Act of 1973, as amended. The that your request is in reference to the pipeline, as well as the operation and
requested ITP, which would be in effect WTCPUA dHCP. maintenance of an existing water
for a period of 30 years, if granted, We request that you submit comments pipeline within the Permit Area (the
would authorize incidental take of the by only the methods described above. ‘‘Covered Activities’’). The proposed
federally listed golden-cheeked warbler Generally, we will post any personal action is the issuance of an ITP by the
(Setophaga [=Dendroica] chrysoparia). information you provide us (see the Service for the Covered Activities in the
The proposed incidental take would Public Availability of Comments section permit area, pursuant to section
occur during construction of a raw for more information). 10(a)(1)(B) of the Act.
water pipeline as a result of vegetation The requested term of the permit is 30
FOR FURTHER INFORMATION CONTACT:
clearing, earth-moving activities, and years. To meet the requirements of a
Adam Zerrenner, Field Supervisor, U.S. section 10(a)(1)(B) ITP, the applicant
pipeline construction and also during Fish and Wildlife Service, 10711 Burnet
operation and maintenance of the has developed and proposes to
Road, Suite 200, Austin, TX 78758 or implement its dHCP, which describes
pipeline. In addition, incidental take (512) 490–0057.
would occur as a result of the operation the conservation measures the applicant
SUPPLEMENTARY INFORMATION: We, the has agreed to undertake. These
and maintenance of existing facilities, U.S. Fish and Wildlife Service (Service),
including the existing water pipeline, measures are designed to minimize and
make available the draft environmental mitigate for the impacts of the proposed
water intake, and the Uplands Water assessment (dEA) for the Western Travis
Treatment Facility. incidental take of the Covered Species,
County Public Utility Agency to the maximum extent practicable, and
DATES: Submission of comments: We (WTCPUA) draft Habitat Conservation ensure that incidental take will not
will accept comments received or Plan (dHCP) for construction of a raw appreciably reduce the likelihood of the
postmarked on or before June 20, 2018. water pipeline in Travis County, Texas. survival and recovery of this species in
ADDRESSES: WTCPUA has applied for an incidental the wild.
Obtaining documents: You may take permit (ITP) that would be in effect The applicant proposes to mitigate
obtain copies of the application, the for 30 years. If granted, the ITP would impacts to the Covered Species with the
proposed draft habitat conservation plan authorize incidental take of the golden- purchase of 28 conservation credits
(HCP), the draft environmental cheeked warbler (Setophaga (acres) in an approved golden-cheeked
assessment, or other related documents [=Dendroica] chrysoparia; the ‘‘Covered warbler habitat conservation bank.
by going to the Service’s website at Species’’), which is listed as an
http://www.fws.gov/southwest/es/ endangered species under the Alternatives
AustinTexas/. Alternatively, a limited Endangered Species Act of 1973, as We are considering one alternative to
number of CD–ROM and printed copies amended (Act; 16 U.S.C. 1531 et seq.). the proposed action as part of this
of the draft environmental assessment In accordance with the requirements process: No Action. Under a No Action
and draft HCP are available, by request, of the National Environmental Policy alternative, the Service would not issue
sradovich on DSK3GMQ082PROD with NOTICES

from Mr. Adam Zerrenner, Austin Act of 1969 (NEPA; 42 U.S.C. 4321 et the requested ITP and WTCPUA would
Ecological Services Field Office, 10711 seq.), we advise the public that: either not construct the transmission
Burnet Road, Suite 200, Austin, TX 1. We have gathered the information main water pipeline or construct the
78758–4460; telephone 512–490–0057; necessary to determine impacts and pipeline in a manner that avoids
fax 512–490–0974. Please note that your formulate alternatives for the dEA incidental take. Therefore, the applicant
request is in reference to the WTCPUA related to potential issuance of an ITP would not implement the conservation
dHCP. to WTCPUA (the applicant); and measures described in the dHCP.

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Federal Register / Vol. 83, No. 98 / Monday, May 21, 2018 / Notices 23481

Public Availability of Comments Peabody Museum of Archaeology and leather and to the antler ornaments.
All comments we receive become part Ethnology. If no additional claimants Consultation with representatives from
of the public record associated with this come forward, transfer of control of the the Wiyot Tribe indicated this antler
action. Requests for copies of comments cultural items to the lineal descendants, headdress was most likely used during
will be handled in accordance with the Indian Tribes or Native Hawaiian the Wiyot World Renewal Ceremony,
Freedom of Information Act, NEPA, and organizations stated in this notice may more specifically for the White Deerskin
Service and Department of the Interior proceed. Dance or possibly the Jump Dance. The
policies and procedures. Before DATES: Lineal descendants or physical properties of the headdress are
including your address, phone number, representatives of any Indian Tribe or entwined with sacred concepts and
email address, or other personal Native Hawaiian organization not actions.
identifying information in your identified in this notice that wish to The red woodpecker headdress is
comment, you should be aware that claim these cultural items should constructed from tanned deerhide and
your entire comment—including your submit a written request with approximately 40 scalps of pileated
personal identifying information—may information in support of the claim to woodpecker. Associated with this
be made publicly available at any time. the Peabody Museum of Archaeology headdress, as a separate catalog number,
While you can ask us to withhold your and Ethnology at the address in this is a storage roll constructed of a worked
personal identifying information from notice by June 20, 2018. and polished cylindrical piece of wood,
public review, we cannot guarantee that ADDRESSES: Patricia Capone, Peabody likely redwood. Consultation with
we will be able to do so. All Museum of Archaeology and Ethnology, representatives from the Wiyot Tribe
submissions from organizations or Harvard University, 11 Divinity Avenue, indicated that the storage roll was
businesses, and from individuals Cambridge, MA 02138, telephone (617) required for the safe storage of the
identifying themselves as 496–3702, email pcapone@ headdress and should be considered a
representatives or officials of fas.harvard.edu. part of the medicine associated with the
organizations or businesses, will be headdress. Consultation with
SUPPLEMENTARY INFORMATION: Notice is
made available for public disclosure in representatives from the Wiyot Tribe
here given in accordance with the
their entirety. indicated this red woodpecker
Native American Graves Protection and
headdress and associated storage roll
Authority Repatriation Act (NAGPRA), 25 U.S.C.
were most likely used during the World
3005, of the intent to repatriate cultural
We provide this notice under the Renewal Ceremony, and possibly with
items under the control of the Peabody
authority of section 10(c) of the Act and the Jump Dance.
Museum of Archaeology and Ethnology,
its implementing regulations (50 CFR Harvard University, Cambridge, MA, These three cultural items meet the
17.22 and 17.32) and NEPA (42 U.S.C. that meet the definition of objects of definition of sacred objects because they
4371 et seq.) and its implementing cultural patrimony and/or sacred objects are specific ceremonial objects required
regulations (40 CFR 1506.6). under 25 U.S.C. 3001. by the Wiyot to properly perform dances
This notice is published as part of the and prayers for World Renewal
Amy L. Lueders, Ceremonies, including the White
Regional Director, Southwest Region, National Park Service’s administrative
responsibilities under NAGPRA, 25 Deerskin Dance and the Jump Dance.
Albuquerque, New Mexico.
U.S.C. 3003(d)(3). The determinations in Archeological, historical, and
[FR Doc. 2018–10797 Filed 5–18–18; 8:45 am] ethnographic data also demonstrate that
this notice are the sole responsibility of
BILLING CODE 4333–15–P
the museum, institution, or Federal these three cultural items have ongoing
Agency that has control of the Native historical, traditional, and cultural
American cultural items. The National importance central to the Wiyot as
DEPARTMENT OF THE INTERIOR regalia. Consultation with
Park Service is not responsible for the
National Park Service determinations in this notice. representatives from the Wiyot Tribe
indicated that regalia and medicine
[NPS–WASO–NAGPRA–NPS0025513; History and Description of the Cultural items were not owned, but ‘‘cared for’’
PPWOCRADN0–PCU00RP14.R50000] Items by individuals, who were able to lend
In 1906, Grace Nicholson purchased them, including in exchange for money,
Notice of Intent To Repatriate Cultural
an antler ornament headdress, a red but not sell them. These Wiyot
Items: Peabody Museum of
woodpecker headdress, and a roll for headdresses and the associated roll
Archaeology and Ethnology, Harvard
the red woodpecker headdress on behalf could not be sold because they were
University, Cambridge, MA
of Lewis Hobart Farlow. Farlow cared for, but not than owned, by the
AGENCY: National Park Service, Interior. purchased these three cultural items families and individuals. Due to the
ACTION: Notice. from Nicholson and donated them to the caretakers’ collective responsibility for
Peabody Museum of Archaeology and the headdresses and roll, an individual
SUMMARY: The Peabody Museum of Ethnology in the same year. Peabody could not sell or transfer possession of
Archaeology and Ethnology, in Museum records note these cultural them. For these reasons, based on the
consultation with the appropriate items were collected from the ‘‘Weigat cultural information provided through
Indian Tribes or Native Hawaiian Indians,’’ or Wiyot, of Humboldt Bay, consultation, and further supported by
organizations, has determined that the California. The antler ornament ethnographic and historical data, these
cultural items listed in this notice meet three cultural items meet the category
sradovich on DSK3GMQ082PROD with NOTICES

headdress, red woodpecker headdress,
the definition of objects of cultural and roll have been identified as Wiyot definition for objects of cultural
patrimony and/or sacred objects. Lineal and as sacred objects and objects of patrimony because they have ongoing
descendants or representatives of any cultural patrimony. historical, traditional, and cultural
Indian Tribe or Native Hawaiian The antler ornament headdress is importance central to the Wiyot for the
organization not identified in this notice constructed of leather, suede, and seven proper performance of World Renewal
that wish to claim these cultural items carved antler ornaments; red and black Ceremonies, specifically the White
should submit a written request to the paints were applied to sections of the Deerskin Dance and the Jump Dance,

VerDate Sep<11>2014 18:20 May 18, 2018 Jkt 244001 PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 E:\FR\FM\21MYN1.SGM 21MYN1

Document Created: 2018-11-02 11:07:40
Document Modified: 2018-11-02 11:07:40

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of availability; request for comments.
Dates		Submission of comments: We will accept comments received or postmarked on or before June 20, 2018.
Contact		Adam Zerrenner, Field Supervisor, U.S. Fish and Wildlife Service, 10711 Burnet Road, Suite 200, Austin, TX 78758 or (512) 490-0057.
FR Citation		83 FR 23480

83 FR 23480 - Draft Environmental Assessment and Draft Habitat Conservation Plan; Western Travis County Public Utility Agency Raw Water Transmission Main, Travis County, Texas

DEPARTMENT OF THE INTERIORFish and Wildlife Service

Federal Register Volume 83, Issue 98 (May 21, 2018)

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service