[Federal Register Volume 64, Number 193 (Wednesday, October 6, 1999)]
[Notices]
[Pages 54350-54351]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-25926]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Availability of an Environmental Assessment and Receipt of an
Application for an Incidental Take Permit for the A. Teichert and Son
Esparto Mining Project, Yolo County, CA
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability and receipt of application.
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SUMMARY: A. Teichert and Son, a subsidiary of Teichert, Inc.
(Applicant) has applied for an incidental take permit from the U.S.
Fish and Wildlife Service (Service) pursuant to section 10(a)(1)(B) of
the Endangered Species Act of 1973, as amended. The Service proposes to
approve the Applicant's Habitat Conservation Plan and issue an
incidental take permit for take of the valley elderberry longhorn
beetle (beetle), a federally listed threatened species, as a result of
aggregate mining activities on a 98-acre site in Yolo County,
California. Mitigation and minimization measures outlined in the
Habitat Conservation Plan would offset impacts to a small, isolated
stand of beetle habitat, four elderberry shrubs, by transplanting the
shrubs to an existing large habitat block that is specifically managed
and monitored for the species' long-term survival. This notice advises
the public that the Service has opened the comment period on the permit
application and the draft Environmental Assessment. The permit
application includes the Applicant's Habitat Conservation Plan. The
Service will evaluate the application, associated documents, and
comments submitted thereon to determine whether the application meets
the requirements of National Environmental Policy Act regulations and
section 10(a) of Endangered Species Act. If it is determined that the
requirements are met, the requested permit will be issued for the
incidental take of beetles subject to the provisions of the Applicant's
Habitat Conservation Plan. The final National Environmental Policy Act
and permit determinations will not be completed until after the end of
a 30-day comment period and will fully consider all comments received.
The Service will also evaluate whether the issuance of the requested
permit complies with section 7 of the Endangered Species Act by
conducting an intra-Service section 7 consultation. The resulting
section 7 biological opinion, in combination with the above types of
evaluation requirements, will be used in the final analysis to
determine whether or not to issue the requested permit.
DATES: Written comments should be received on or before November 5,
1999.
ADDRESSES: Comments should be addressed to Wayne White, Field
Supervisor, U.S. Fish and Wildlife Service, 2800 Cottage Way,
Sacramento, California 95821-6340. Comments may also be sent via
facsimile to (916) 414-6714.
FOR FURTHER INFORMATION CONTACT: Ellen Berryman, Fish and Wildlife
Biologist, at the above address; telephone (916) 414-6600.
SUPPLEMENTARY INFORMATION:
Availability of Documents
Individuals wishing to obtain copies of the application or
Environmental Assessment for review should immediately contact the
Sacramento Fish and Wildlife Office at the address above. Documents
will also be available for public inspection, by appointment, during
normal hours at the above address.
Background
Section 9 of the Endangered Species Act and Federal regulations
prohibit the ``taking'' of a species listed as endangered or
threatened. However, the Service may, under limited circumstances,
issue permits to take listed species incidental to, and not the purpose
of, otherwise lawful activities. Regulations governing permits for
threatened species are promulgated in 50 CFR 17.32; regulations
governing permits for endangered species are promulgated in 50 CFR
17.22.
As specified by the Endangered Species Act, permitted take must be
``incidental to, and not the purpose of, the carrying out of an
otherwise lawful activity.'' In order to obtain an incidental take
permit, the applicant must submit, in part, a conservation plan
specifying ``the impact which will likely result from such taking; what
steps the applicant will take to minimize and mitigate such impacts;
and the funding that will be available to implement such steps; what
alternative actions to such taking the applicant considered and reasons
why such alternatives are not being utilized; and such other measures
the Secretary (of the U.S. Department of the Interior) may require as
being necessary or appropriate for purposes of the plan.'' These
requirements are addressed in the Habitat Conservation Plan.
The Applicant seeks coverage for take of the federally listed
valley elderberry longhorn beetle incidental to mining activity for the
Esparto Mining Project in Yolo County, California. The proposed
incidental taking would occur on a 98-acre site in Yolo County
California. The site supports four blue elderberry shrubs, which
constitute beetle habitat, that could potentially be occupied by this
species. The proposed take would be incidental to the lawful activities
of aggregate extraction and associated activities (e.g., material
conveyance, maintenance, and reclamation).
To mitigate for impacts that would result from the removal of the
four valley elderberry shrubs, Teichert proposes to transplant the four
elderberry shrubs to an existing
[[Page 54351]]
mitigation site along Cache Creek in Yolo County. Additionally,
Teichert will achieve a 2:1 mitigation ratio, consistent with Service
mitigation guidelines, by designating, maintaining, and monitoring 22
elderberry replacement seedlings with associated native plants. The
habitat at the mitigation site is contiguous with a large habitat block
along Cache Creek that is known to support the beetle, and is likely to
be able to support this species on a long-term basis. Additional
information on the mitigation site is included in the Habitat
Conservation Plan.
The proposed action addressed in the Environmental Assessment is
the issuance of a permit by the Service to allow the incidental take of
beetles incidental to the Esparto Mining Project. The Environmental
Assessment focuses on the potential impacts on the beetle that may
result from issuance of a section 10(a)(1)(B) permit and implementation
of the Habitat Conservation Plan. Impacts on other resources (geology,
hydrology, cultural resources, land use and socioeconomics, traffic,
air quality, and noise) are discussed in detail in the Environmental
Impact Report for the Esparto Mining Project and are summarized in this
Environmental Assessment. The mining project would be able to proceed
and would have similar environmental impacts to resources other than
beetles regardless of whether the incidental take permit is issued. The
Proposed Action would result in cumulatively significant impacts to
beetles, but these impacts would be fully offset through the mitigation
measures described above.
Two alternatives were considered in the Environmental Assessment:
the proposed action of issuance of an incidental take permit and a no
action alternative. In the no action alternative, no incidental take
permit would be issued and the elderberry shrubs would be avoided
during mining operations. No off-site alternatives were considered in
the Environmental Assessment because Yolo County has already approved
the Esparto Mining Project and Phase I mining has already commenced.
All interested agencies, organizations, and individuals are urged
to provide comments on the permit application and Environmental
Assessment. All comments received by the closing date will be
considered in finalizing National Environmental Policy Act compliance
and permit issuance or denial. The Service will publish a record on its
final action in the Federal Register.
Dated: September 27, 1999.
Elizabeth H. Stevens,
Deputy Manager, California/Nevada Operations Office, Sacramento,
California.
[FR Doc. 99-25926 Filed 10-5-99; 8:45 am]
BILLING CODE 4310-55-P
