[Federal Register Volume 63, Number 39 (Friday, February 27, 1998)]
[Notices]
[Pages 10033-10034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-5054]
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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 Corrections Corporation
of America, California City Prison Project, Kern County, CA
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability.
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SUMMARY: The Corrections Corporation of America of Nashville,
Tennessee, has
[[Page 10034]]
applied to the Fish and Wildlife Service for an incidental take permit
pursuant to the Endangered Species Act of 1973, as amended (Act). The
Service proposes to issue an incidental take permit for the federally
threatened desert tortoise (Gopherus agassizii) at the proposed
California City Prison Project site, located in Kern County,
California. Corrections Corporation of America has requested that the
Service include the Mojave ground squirrel (Spermophilus mohavensis), a
species listed as threatened by the State of California, and the
burrowing owl (Athene cunicularia), a California species of special
concern, as covered species in the Habitat Conservation Plan submitted
with their application. This notice announces the availability of the
permit application and the Environmental Assessment for the proposed
action. The permit application includes the Habitat Conservation Plan
for the California City Prison Project and an Implementing Agreement.
The Service specifically requests comment on the appropriateness of the
``No Surprises'' assurances contained in this application. 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 on the permit application, Habitat Conservation
Plan, Environmental Assessment, and Implementing Agreement should be
received on or before March 30, 1998.
ADDRESSES: Comments regarding the application or adequacy of the
Environmental Assessment and Implementing Agreement should be addressed
to the 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. Individuals wishing copies of the
documents should immediately contact the Service's Ventura Fish and
Wildlife Office at the above referenced address or facsimile, or at the
telephone number listed below. Documents will also be available for
public inspection, by appointment, during normal business hours at the
above address.
FOR FURTHER INFORMATION CONTACT: Denise Washick, Fish and Wildlife
Biologist, at the above address or call (805) 644-1766.
SUPPLEMENTARY INFORMATION: The ``take'' of threatened and endangered
species is prohibited under Section 9 of the Act and its implementing
regulations. ``Take'' is defined, in part, as killing, harming or
harassing listed species, including significant habitat modification
that results in death of or injury to listed species. Under limited
circumstances, the Service may issue permits to take listed species if
such taking is incidental to otherwise lawful activities. Regulations
governing permits are found at Title 50, Code of Federal Regulations,
sections 17.22 and 17.32.
The Service proposes to issue a section 10(a)(1)(B) permit to the
applicant for incidental take of the desert tortoise, Mojave ground
squirrel, and the burrowing owl (covered species) during the
construction and operation of the prison. The proposed development of
the prison would result in a permanent loss of habitat for the covered
species as the project site is bladed and the vegetative communities
are permanently removed during the construction of the prison. The
construction and operation of the prison could directly and indirectly
affect the covered species.
Background Information
Corrections Corporation of America proposes the construction and
operation of a new 2,304-bed medium security prison facility located on
undeveloped land in the northern one-half of section 13 of Township 32
South, Range 38 East in California City, Kern County, California. The
proposed prison would occupy approximately 105 acres of a 320-acre
property characterized by creosote bush scrub vegetation. This site is
known to support a population of the threatened desert tortoise and may
support populations of Mojave ground squirrels and burrowing owls, the
latter species being listed as threatened and sensitive, respectively,
by the State of California.
The proposed action would authorize the incidental take of all
desert tortoises on the 105-acre site in the form of harassment as a
result of being moved out of harm's way. Additionally, two desert
tortoises may be taken in the form of direct mortality associated with
construction and operational activities and travel on the access road.
Burrowing owls are unlikely to be killed or injured by the proposed
action. If Mojave ground squirrels are present on the site, they would
likely be killed during the initial grading of the construction areas.
The proposed acquisition and management of the habitat off-site would
be the primary means of compensating for the loss of habitat and direct
take of the Mojave ground squirrel and burrowing owl.
The Habitat Conservation Plan proposes several measures to mitigate
and minimize the effects of the prison development on the desert
tortoise. Before construction activities commence, an amount of habitat
of the covered species equal to that being destroyed will be purchased
and placed in management for recovery of the desert tortoise. A fence
to prevent desert tortoises from entering the construction site will be
constructed under the supervision of a biologist and the area enclosed
by the fence will be systematically searched. All desert tortoises
found will be relocated to adjacent habitat in a manner consistent with
current handling procedures and guidelines. Workers at the construction
site will be educated about the status of the desert tortoise and
procedures to take if desert tortoises are found during work activities
or while traveling on access roads. The Corrections Corporation of
America or their contractor will ensure that trash is handled in a way
that does not lure predators of the desert tortoise into the area or
increase their presence on-site.
In compliance with the National Environmental Policy Act, the
Environmental Assessment examines the environmental consequences of
four alternatives. These include the proposed action, a smaller project
that would impact 40 acres, an alternate site that would also require
the issuance of a section 10(a)(1)(B) permit for the incidental take of
the desert tortoise, and a no take alternative.
This notice is provided pursuant to section 10(a)(1)(B) 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, its associated documents, and submitted comments 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: February 23, 1998.
David L. McMullen,
Acting Regional Director, Region 1, Portland, Oregon.
[FR Doc. 98-5054 Filed 2-26-98; 8:45 am]
BILLING CODE 4310-55-P
