[Federal Register Volume 62, Number 222 (Tuesday, November 18, 1997)]
[Notices]
[Pages 61523-61524]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-30200]
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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 Wildwash Sand and
Gravel Mine, San Bernardino County, CA
AGENCY: Fish and Wildlife Service.
ACTION: Notice of availability.
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SUMMARY: E. L. Yeager Construction Company, Incorporated, of Riverside,
California, has applied to the Fish and Wildlife Service for a 20-year
incidental take permit pursuant to section 10(a)(1)(B) of the
Endangered Species Act of 1973, as amended (ESA). The Service proposes
to issue an incidental take permit for the federally-listed threatened
desert tortoise (Gopherus agassizii) at the proposed mine site, located
in San Bernardino County, California. The permit also would include the
state-listed threatened Mojave ground squirrel (Spermophilus
mohavensis) and the unlisted loggerhead shrike (Lanius ludovicianus),
should these species be listed during the life of the permit. This
notice announces the availability of the permit application and the
environmental assessment. The permit application includes the habitat
conservation plan for the Wildwash Sand and Gravel Mine and an
implementing agreement. The Service requests comments on these
documents, including the appropriateness of the ``No Surprises''
assurances contained in section 12.3.a of the implementing agreement.
All comments received, including names and addresses, will become part
of the administrative record and may be made available to the public.
DATES: Written comments should be received on or before December 18,
1997.
ADDRESSES: Comments should be addressed to Ms. Diane Noda, Field
Supervisor, Ventura 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: Mr. Ray Bransfield, Fish and Wildlife
Biologist, at the above address or call (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 telephone. Documents also will be available for
public inspection, by appointment, during normal business hours at the
above address.
Background
The permit applicant proposes phased mining of up to 100 acres of
desert habitat adjacent to Interstate 15. Portions of the site are
occupied by the desert tortoise. One loggerhead shrike was observed on
site during biological surveys. The site is considered potentially
suitable habitat for the Mojave ground squirrel, although surveys were
not conducted for this species. During the initial mining phase,
lasting 5 years, the applicant would mine sand and gravel on up to 35
acres of land. During the subsequent phase(s), lasting 15 years, the
applicant would mine up to an additional 65 acres.
The applicant needs an incidental take permit from the Service
because endangered and threatened wildlife species are protected
against ``take'' pursuant to section 9 of the ESA. The term ``take''
means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture,
or collect listed animal 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 threatened and endangered species are at 50 CFR 17.22 and 17.32.
As part of the permit application, the applicant prepared a habitat
conservation plan that addresses the desert tortoise, Mojave ground
squirrel, and loggerhead shrike. Pursuant to section 10(a)(1)(B) of the
Federal ESA, the Service proposes to issue a permit to the applicant
for incidental take of the threatened desert tortoise, and for the
Mojave ground squirrel and loggerhead shrike should Federal take
authorization for these latter two species be necessary during the life
of the permit. The ground squirrel and shrike would be named on the
permit; however, incidental take authorization for these species would
become effective only if they become listed under the Federal ESA.
The proposed sand and gravel mine would result in the loss of
habitat for the desert tortoise, Mojave ground squirrel, and loggerhead
shrike as the ground is disturbed and the vegetation communities are
removed during mining activities. This mining could directly and
indirectly affect these species.
The proposed action would authorize the incidental take of all
desert tortoises on the 100 acre site in the form of harassment from
being moved out of harm's way. Additionally, two desert tortoises may
be taken in the form of direct mortality associated with mining
activities and vehicle travel on the mine access road. If Mojave ground
squirrels are present on site, they would likely be killed during the
initial grading of the mining areas. Loggerhead shrikes are unlikely to
be killed or injured by the proposed action.
The applicant's habitat conservation plan contains measures to
minimize and/or mitigate the effects of the mining on the three
species. Before mining begins, an amount of desert tortoise habitat
equal to that being destroyed would be purchased and placed under
management for recovery of the desert tortoise. A fence to prevent
desert tortoises from entering the mine would be constructed under the
supervision of
[[Page 61524]]
a biologist and the area enclosed by the fence would be systematically
searched. All desert tortoises found would be relocated to adjacent
habitat in a manner consistent with current handling procedures and
guidelines. Workers at the mine site would be educated about the status
of the desert tortoise and what to do if desert tortoises are found on
access roads or during work activities. The applicant would ensure that
trash is handled in a way that does not lure predators of the desert
tortoise into the area.
The phasing of mining would reduce the numbers of Mojave ground
squirrels killed at any given time. The acquisition and management of
off-site habitat would be the primary means of compensating for the
loss of this habitat and individual Mojave ground squirrels. Nest tree
buffers and grading season restrictions would protect any loggerhead
shrikes nesting on site. During reclamation of the site, trees would be
planted that provide nesting habitat for the loggerhead shrike.
Environmental Assessment
The environmental assessment considers the environmental
consequences of the proposed action and no action alternatives. A no
take alternative was not feasible due to the size of the proposed mine
and the unpredictable distribution of desert tortoises in the project
area. Under the no action alternative, the Service would not issue an
incidental take permit to the applicant and a habitat conservation plan
would not be implemented. The applicant would not be able to proceed
legally with mining as planned due to the presence of listed animal
species in the area.
Authority
This notice is provided pursuant to section 10(c) of the ESA and
Service regulations for implementing the National Environmental Policy
Act of 1969 (40 CFR 1506.6). The Service will evaluate the application,
its associated documents, and comments submitted thereon to determine
whether the application meets the requirements of the ESA. If the
Service determines that the requirements are met, a permit will be
issued for the incidental take of the listed species. A final decision
on permit issuance will be made no sooner than 30 days from the date of
this notice.
Dated: November 12, 1997.
Thomas Dwyer,
Acting Regional Director, Region 1, Portland, Oregon.
[FR Doc. 97-30200 Filed 11-17-97; 8:45 am]
BILLING CODE 4310-55-P
