[Federal Register Volume 63, Number 235 (Tuesday, December 8, 1998)]
[Notices]
[Pages 67699-67700]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32489]
[[Page 67699]]
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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 Kaiser Sand and
Gravel Company Felton Sand Plant, Santa Cruz County, California
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability
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SUMMARY: Kaiser Sand and Gravel Company of Pleasanton, California, has
applied to the Fish and Wildlife Service for an incidental take permit
pursuant to the Endangered Species Act of 1973, as amended. The Service
proposes to issue an incidental take permit for the federally listed
endangered Mount Hermon June beetle (Polyphylla barbata) and Zayante
band-winged grasshopper (Trimerotropis infantilis) at Kaiser's Felton
Sand Plant located near Felton in Santa Cruz County, California. This
notice announces the availability of the permit application and the
Environmental Assessment. The permit application includes the Habitat
Conservation Plan for the Felton Sand Plant and an 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 January 7,
1999.
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: David Pereksta, 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 telephone. Documents will also be available for
public inspection, by appointment, during normal business hours at the
above address.
Background Information
The Felton Plant has been operating as a sand quarry since 1954,
pursuant to the California Surface Mining and Reclamation Act and
related authorization from the County of Santa Cruz. The Plant
encompasses approximately 232 acres within Santa Cruz County,
California, immediately north and west of the City of Scotts Valley.
The sand plant property is generally bounded by Wirth Lane to the
south, Mt. Hermon Road to the east and north, and undeveloped County
lands to the west. Approximately 63 percent (approximately 146 acres)
of the site is actively mined and is comprised of bare slopes, pits, a
small quarry office and associated mining equipment. A portion of the
quarry (approximately 37 acres; 17 percent) is currently being
reclaimed; these completed mining areas are being revegetated with
native plant species indicative of northern maritime chaparral and
coast range ponderosa pine forest. The undisturbed portions of the
quarry (approximately 47 acres; 20 percent) support two major plant
community types: northern maritime chaparral and coast range ponderosa
pine forest. The properties to the west, north, and east are
predominately undeveloped and forested. Single-family residential
development occurs south and east of the site within the City of Scotts
Valley.
Of the 47 acres within the site that are undisturbed, 14 acres are
scheduled for mining as per the quarry's approved mining plan. Mining
within this 14-acre area would adversely affect the Zayante band-winged
grasshopper and Mount Hermon June beetle. Kaiser Sand and Gravel
Company has applied to the Service for an incidental take permit for
these two species and has prepared a Habitat Conservation Plan which
includes measures to minimize and mitigate the impacts of this mining
on these species.
Other areas of the quarry support two federally-listed plant
species, the Ben Lomond wallflower (Erysimum teretifolium) and the Ben
Lomond spineflower (Chorizanthe pungens var. hartwegiana). These two
species are not known to occur within the 14-acre mining area and will
not be adversely affected by mining activities or by this Habitat
Conservation Plan.
Kaiser Sand and Gravel Company needs an incidental take permit from
the Service because listed wildlife species are protected against
``take'' pursuant to section 9 of the Act. That is, no one may harass,
harm, pursue, hunt, shoot, wound, kill, trap, capture or collect listed
animal species, or attempt to engage in such conduct (16 USC 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 species are at
50 CFR 17.22.
The Service proposes to issue an 8-year permit to Kaiser Sand and
Gravel Company for incidental take of an unquantifiable number of Mount
Hermon June beetles and Zayante band-winged grasshoppers in the 14-acre
mining area. The proposed action would result in the loss of habitat
for, and individuals of, the Mount Hermon June beetle and Zayante band-
winged grasshopper in the 14-acre mining area as the natural vegetation
communities in which they are found are removed during mining
operations.
Kaiser Sand and Gravel Company has developed a Habitat Conservation
Plan which proposes measures to minimize and mitigate impacts to listed
species. Under the Plan, the Kaiser Company will: (1) grant
conservation easements in perpetuity to the County for a 16.2-acre West
Perimeter Habitat Set Aside Area (an area of undisturbed ponderosa pine
forest) and a 15.0-acre Revegetation Set Aside Area; (2) provide for
protection and long-term management of the West Perimeter Habitat and
Revegetation Set Aside Areas, including maintenance of protective
perimeter fencing and signs to prevent illegal trespass; (3) avoid
unnecessary disturbance of listed species in other portions of the
mine; (4) continue to revegetate completed mining areas with native
plant species; (5) enhance 2.4 acres of existing revegetation within
the Revegetation Set Aside Area with the goal of establishing potential
habitat for the listed species; (6) revegetate 2.1 acres of completed
slopes and benches within the Revegetation Set Aside Area with the goal
of establishing potential habitat for the listed species; (7) continue
to provide funding for and implement long-term management of the
designated set aside areas; and (8) revise the existing mine
revegetation plan by adopting a planting mix more conducive to the Plan
Species to increase the Revegetation Set Aside Area's value as
potential habitat for the listed species. The Habitat Conservation Plan
also defines measures to ensure that the elements of the Plan are
implemented in a timely manner.
Environmental Assessment
The Environmental Assessment considers the environmental
consequences of the proposed action and no action alternatives. A
modified mining plan alternative was also considered to avoid take of
the Mount Hermon June beetle and Zayante band-winged grasshopper, but
was deemed unfeasible due to unavoidable impacts to the proposed 14-
acre mining area from reclamation activities for adjacent areas that
have been previously mined.
[[Page 67700]]
A no take alternative was not feasible due to the widespread
distribution of potential habitat for the listed species in the 14-acre
mining area.
Under the no action alternative, the Service would not issue an
incidental take permit to the Kaiser Company, the Habitat Conservation
Plan would not be implemented, and mining expansion would not occur at
the Felton Sand Plant. The Plant could still operate for the next 10
years, but only within the confines of the existing mining operation
areas. Reclamation of previously mined areas would occur pursuant to
the California Surface Mining and Reclamation Act; however, this
alternative would not include the permanent habitat protection and
conservation within the facility provided through the Habitat
Conservation Plan.
This notice is provided pursuant to section 10(a) of the Act and
Service regulations for implementing 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 law. 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 27, 1998.
Elizabeth H. Stevens,
Acting Manager, California/Nevada Operation Office, Region 1,
Sacramento, California.
[FR Doc. 98-32489 Filed 12-7-98; 8:45 am]
BILLING CODE 4310-55-P
