[Federal Register Volume 63, Number 239 (Monday, December 14, 1998)]
[Notices]
[Pages 68785-68787]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-33033]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Availability of a Habitat Conservation Plan and Receipt of an
Application for an Incidental Take Permit for the Zanker Material
Processing Facility, Santa Clara County, California
AGENCY: Fish and Wildlife Service, Interior
ACTION: Notice of availability and receipt of application.
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SUMMARY: Zanker Road Resource Management, Ltd. has applied to the Fish
and Wildlife Service for an incidental take permit pursuant to section
10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act).
The Service proposes to issue a 3-year permit to Zanker Road Resource
Management, Ltd. that would authorize take of the endangered salt marsh
harvest mouse (Reithrodontomys raviventris) incidental to otherwise
lawful activities. Such take would occur during reconstruction of an
existing unengineered levee system surrounding a landfill site in Santa
Clara County, California. Reconstruction of the levees will result in
the temporary loss of approximately 0.83 acres of grassland habitat
used by the salt marsh harvest mouse.
We request comments from the public on the permit application,
which is available for review. The application includes a Habitat
Conservation Plan (Plan). The Plan describes the proposed project and
the measures that Zanker Road Resource Management, Ltd. would undertake
to minimize and mitigate project impacts to the salt marsh harvest
mouse.
We also request comments on our preliminary determination that the
Plan qualifies as a ``low-effect'' Habitat Conservation Plan, eligible
for a categorical exclusion under the National Environmental Policy
Act. The basis for this determination is discussed in an Environmental
Action Statement, which is also available for public review.
DATES: Written comments should be received on or before January 13,
1999.
ADDRESSES: Send written comments to Mr. Wayne White, Field Supervisor,
Fish and Wildlife Service, 3310 El Camino Avenue, Suite 130,
Sacramento, California 95821-6340. Comments may be sent by facsimile to
916-979-2744.
FOR FURTHER INFORMATION CONTACT: Ms. Lori Rinek or Mr. William Lehman,
Fish and Wildlife Biologists, at the above address or call (916) 979-
2129.
SUPPLEMENTARY INFORMATION:
Document Availability
Please contact the above office if you would like copies of the
application, Plan, and Environmental Action Statement. Documents also
will be available for review by appointment, during normal business
hours at the above address.
Background
Section 9 of the Endangered Species Act and Federal regulation
prohibit the ``take'' of fish or wildlife species listed as endangered
or threatened,
[[Page 68786]]
respectively. Take of listed fish or wildlife is defined under the Act
to include kill, harm, or harass. The Service may, under limited
circumstances, issue permits to authorize incidental take; i.e., take
that is incidental to, and not the purpose of, the carrying out of an
otherwise lawful activity. Regulations governing incidental take
permits for threatened and endangered species are found in 50 CFR 17.32
and 17.22, respectively.
Zanker Road Resource Management, Ltd. operates the 46-acre Zanker
Material Processing Facility as a landfill for non-hazardous solid
waste. The Regional Water Quality Control Board is requiring the
replacement of the existing unengineered levees surrounding the site to
provide protection during a 100-year flood event and tidal inundation.
The site has been used since the 1950's for disposal of manufacturing
waste from Owens Corning's local manufacturing operations.
Approximately 28 acres in the northern portion of the parcel have been
filled with solid waste, such as fiberglass, wood, construction debris,
and paper. Unengineered levees (uncompacted levees installed without
engineering design or oversight) and a low berm exist on the north,
west, and southwest perimeters of the existing fill area. The eastern
side of the site is bordered by a 10-foot high engineered (i.e.,
compacted) levee owned by the San Jose/Santa Clara Water Pollution
Control Plant. The project site is located at the southern end of San
Francisco Bay on Los Esteros Road in the Alviso district of San Jose.
The land uses adjacent to the site include the San Francisco Bay
National Wildlife Refuge to the north; the old Nine Par disposal site
to the east; the San Jose/Santa Clara Water Pollution Control Plant,
agricultural open space and offices to the south; and privately held
marshland and residential portions of Alviso to the west.
In 1990, biologists surveyed the proposed project area for special-
status wildlife and plant species that could be affected by the
project. Based upon the surveys, the Service concluded that one
federally listed species, the endangered salt marsh harvest mouse, has
the potential to be impacted by the proposed project.
Zanker Road Resource Management, Ltd. has agreed to implement the
following measures to minimize and mitigate impacts that may result
from incidental take of the salt marsh harvest mouse: (1) implement a
wetland mitigation plan (including the installation of a silt fence)
using Best Management Practices to prevent sedimentation from entering
adjacent wetlands; (2) ensure that a qualified biologist is present to
monitor and oversee technical issues relative to compliance with the
minimization, mitigation, and conservation measures for the project;
(3) ensure that the reconstructed levees are topped with a 12-inch
layer of clean earthfill, revegetated with a native grass seed mix, and
that the levee slopes are planted with coyote bush; (4) ensure that a
revegetation remediation plan intended to restore salt marsh harvest
mouse habitat along the impacted levees is implemented following levee
reconstruction, and succeeds within the 3-year life of the permit; and
(5) ensure construction personnel receive worker awareness training.
The Proposed Action consists of the issuance of an incidental take
permit and implementation of the Plan, which includes measures to
minimize and mitigate impacts of the project on the salt marsh harvest
mouse. An alternative to the taking of listed species under the
Proposed Action is considered in the Plan. Under the No Action
Alternative, no permit would be issued. However, taking no action to
reconstruct the levees is not an acceptable alternative since the
Regional Water Quality Control Board is requiring the reconstruction of
the existing unengineered levees. Although two other options associated
with operation of the landfill and levee reconstruction are discussed
in the Plan, they were not considered as alternatives because each of
these would result in the same level of levee reconstruction and take
as the Proposed Action.
The Service has made a preliminary determination that the Zanker
Road Resource Management, Ltd. Habitat Conservation Plan qualifies as a
``low-effect'' plan as defined by its Habitat Conservation Planning
Handbook (November 1996). Determination of low-effect HCPs is based on
the following three criteria: (1) implementation of the Plan would
result in minor or negligible effects on federally listed, proposed,
and candidate species and their habitats; (2) implementation of the
Plan would result in minor or negligible effects on other environmental
values or resources; and (3) impacts of the Plan, considered together
with the impacts of other past, present and reasonably foreseeable
similarly situated projects would not result, over time, in cumulative
effects to environmental values or resources which would be considered
significant. As more fully explained in the Service's Environmental
Action Statement, the Zanker Road Resource Management, Ltd. Plan
qualifies as a ``low-effect'' plan for the following reasons:
1. Approval of the Plan would result in minor or negligible effects
on the salt marsh harvest mouse and its habitat. The Service does not
anticipate significant direct or cumulative effects to the salt marsh
harvest mouse resulting from reconstruction of the existing
unengineered levee system surrounding the project site.
2. Approval of the Plan would not have adverse effects on unique
geographic, historic or cultural sites, or involve unique or unknown
environmental risks.
3. Approval of the Plan would not result in any cumulative or
growth inducing impacts and, therefore, would not result in significant
adverse effects on public health or safety.
4. The project does not require compliance with Executive Order
11988 (Floodplain Management), Executive Order 11990 (Protection of
Wetlands), or the Fish and Wildlife Coordination Act, nor does it
threaten to violate a Federal, State, local or tribal law or
requirement imposed for the protection of the environment.
5. Approval of the Plan would not establish a precedent for future
action or represent a decision in principle about future actions with
potentially significant environmental effects.
The Service therefore has preliminarily determined that approval of
the Plan qualifies as a categorical exclusion under the National
Environmental Policy Act, as provided by the Department of the Interior
Manual (516 DM 2, Appendix 1 and 516 DM 6, Appendix 1). Based upon this
preliminary determination, we do not intend to prepare further National
Environmental Policy Act documentation. The Service will consider
public comments in making its final determination on whether to prepare
such additional documentation.
The Service provides this notice pursuant to section 10(c) of the
Endangered Species Act. We will evaluate the permit application, the
Plan, and comments submitted thereon to determine whether the
application meets the requirements of section 10 (a) of the Act. If the
requirements are met, the Service will issue a permit to Zanker Road
Resource Management, Ltd. for the incidental take of the salt marsh
harvest mouse during the reconstruction of the existing unengineered
levee system surrounding the project site. We will make the final
permit decision no sooner than 30 days from the date of this notice.
[[Page 68787]]
Dated: December 4, 1998.
Elizabeth H. Stevens,
Manager, California/Nevada Operations Office, Sacramento, California.
[FR Doc. 98-33033 Filed 12-11-98; 8:45 am]
BILLING CODE 4310-55-P
