[Federal Register Volume 63, Number 13 (Wednesday, January 21, 1998)]
[Notices]
[Pages 3152-3153]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-1333]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Availability of an Environmental Assessment and Receipt of an
Application for an Endangered Species Act Incidental Take Permit for
the U.S. Borax Project in Kern County, CA
AGENCY: Fish and Wildlife Service.
ACTION: Notice of availability.
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SUMMARY: U.S. Borax, Incorporated has applied to the Fish and Wildlife
Service for a 50-year incidental take permit pursuant to section
10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). In
the 1,940-acre project area near the town of Boron, Kern County,
California, the Service proposes to issue an incidental take permit and
provide assurances to the applicant for the threatened desert tortoise
(Gopherus agassizii) and the following Federal species of concern:
Mojave ground squirrel (Spermophilus mohavensis), American badger
(Taxidea taxus), Le Conte's thrasher (Toxostoma lecontei), loggerhead
shrike (Lanius ludovicianus), burrowing owl (Athene cunicularia),
desert kit fox (Vulpes acrotis arsipus), greenest tiger beetle
(Cicindela tranquebarica viridissima), Mojave spineflower (Chorizanthe
spinosa), and sagebrush loeflingia (Loeflingia squarrosa var.
artemisiarum). The proposed permit would be effective upon issuance for
species currently listed under the Act. The permit would become
effective for unlisted species included in the permit upon their
listing under the Act. This notice opens the comment period on the
Environmental Assessment and permit application package, which includes
a Habitat Conservation Plan and Implementation Agreement. The Service
specifically requests comment on the appropriateness of the ``No
Surprises'' assurances contained in section V.C.1 of the Implementation
Agreement. All comments received, including names and addresses, will
become part of the administrative record and may be made available to
the public.
[[Page 3153]]
DATES: Written comments on the Habitat Conservation Plan, Environmental
Assessment, and Implementation Agreement should be received on or
before February 20, 1998.
ADDRESSES: Comments should be addressed to Diane K. Noda, Field
Supervisor, Fish and Wildlife Service, 2493 Portola Road, Suite B,
Ventura, California 93003. Written comments may also be sent by
facsimile to (805) 644-3958.
FOR FURTHER INFORMATION CONTACT: Kirk Waln, Fish and Wildlife
Biologist, at the above address; telephone (805) 644-1766.
SUPPLEMENTARY INFORMATION:
Availability of Documents
Individuals wishing copies of the documents should immediately
contact the Service's Ventura Fish and Wildlife Office at the above
referenced address, or by telephone at (805) 644-1766. Documents will
also be available for public inspection, by appointment, during normal
business hours at the above address.
Background Information
U.S. Borax proposes to enlarge its open pit borate mining operation
and expand its overburden disposal piles near the town of Boron in Kern
County, California. This site is known to support a population of the
threatened desert tortoise and may support populations of Mojave ground
squirrel, American badger, Le Conte's thrasher, loggerhead shrike,
burrowing owl, desert kit fox, greenest tiger beetle, Mojave
spineflower, and sagebrush loeflingia, all Federal species of concern.
Federally listed, threatened, and endangered species are protected
pursuant to section 9 of the Act against take; that is, no one may
harass, harm, pursue, hunt, shoot, wound, kill, trap, capture or
collect the species, or attempt to engage in such conduct (16 U.S.C.
1538). The Service, however, may issue permits to take listed animal
species if such taking is incidental to, and not the purpose of,
otherwise lawful activities. Regulations governing permits for
endangered and threatened species are at 50 CFR 17.22 and 17.32.
Although no incidental take authorization is required for listed plant
species, impacts to these species must be addressed in the intra-
Service consultation required pursuant to section 7(a) of the Act.
The Environmental Assessment considers the environmental
consequences of four alternatives: the proposed action, no action, use
of existing overburden pile areas, and backfilling. The no action
alternative was found to be economically infeasible because U.S. Borax
would be required to cease operations before the existing borate ore
body was fully removed. The use of existing overburden pile areas was
found infeasible because it would result in overburden piles
approximately 1,200 feet in elevation above the surrounding landscape
and be wholly incompatible with the existing landscape. The backfilling
alternative was found infeasible because mineable calcium borate ores
underlie the sodium borate ores that are the current focus of mining
operations. At this time it is not economically feasible to mine
calcium borate ores; however, backfilling of the pit would prevent
their later use should economic conditions change. The no action, use
of existing overburden pile areas, and backfilling alternatives would
result in the loss of significantly less habitat than the preferred
alternative. However, none of the mitigation measures under the
proposed alternative would occur, including protecting and providing a
management endowment for approximately 2,274 acres of high quality
creosote bush scrub habitat.
The proposed action would result in the loss of 1,525 acres of
disturbed creosote bush scrub habitat and 415 acres of land heavily
degraded by past mining activities. This action could directly and
indirectly affect the species described above. The Service proposes to
issue an incidental take permit to the applicant for the incidental
take of desert tortoises, and for the incidental take of other covered
species should such authorization be necessary (i.e., should unlisted
covered species be listed as threatened or endangered in the future, or
should take authorization for plants become necessary). In addition,
the applicant seeks Federal assurances that no additional land
restrictions or financial compensation would be required for species
adequately covered by the Habitat Conservation Plan. To accomplish
this, all species covered in the Plan would be included in the
incidental take permit on the condition that all permit issuance
criteria are met and that the provisions of the Plan and Implementation
Agreement are executed.
The proposed Federal action would authorize the incidental take of
all desert tortoises within the project area. The Service anticipates
that all Mojave ground squirrels, American badgers, burrowing owls, Le
Conte's thrashers, loggerhead shrikes, greenest tiger beetles, and all
individual Mojave spineflowers and sagebrush loeflingias would be
removed or displaced from the project area through implementation of
this action. Because habitat loss associated with this action would
occur in small increments over many years, individual Mojave ground
squirrels, American badgers, burrowing owls, Le Conte's thrashers, and
loggerhead shrikes may avoid injury or death by moving to appropriate
habitats off-site.
To minimize the effects of the proposed project, the proponent
would undertake the following measures: An education program would be
presented to all personnel working in the project area; preconstruction
surveys by qualified biologists would be conducted and listed species
removed from harm's way; a berm would be built to prevent desert
tortoises from re-entering the area; vehicular traffic would be
restricted to designated routes and a 25-mile-per-hour speed limit
enforced; trash would be contained; and no firearms or pets would be
permitted on site.
To mitigate the effects of the proposed project, the applicant
proposes habitat reclamation and compensation. Following completion of
mining, the applicant would reclaim the overburden piles through
appropriate grading and revegetation. To mitigate for remaining adverse
effects, the proponent would protect approximately 2,274 acres of high
quality creosote bush scrub habitat and provide a management endowment
for that habitat.
This notice is provided pursuant to section 10(c) of the Endangered
Species Act and the regulations of the National Environmental Policy
Act of 1969 (40 CFR 1506.6). The Service will evaluate the application,
associated documents, and comments submitted thereon to determine
whether the application meets the requirements of the National
Environmental Policy Act and section 10(a)(1)(B) of the Endangered
Species Act. If the Service determines that the requirements are met, a
permit will be issued for the incidental take of the covered species.
The final permit decision will be made no sooner than 30 days from the
date of this notice, notwithstanding a temporary moratorium on issuing
permits with ``No Surprises'' assurances.
Dated: January 9, 1998.
Michael J. Spear,
Regional Director, Region 1, Portland, Oregon.
[FR Doc. 98-1333 Filed 1-20-98; 8:45 am]
BILLING CODE 4310-55-P
