[Federal Register Volume 63, Number 26 (Monday, February 9, 1998)]
[Notices]
[Pages 6577-6579]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-3153]
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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 Wilder Sand Quarry
Project, Santa Cruz County, California
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability.
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SUMMARY: This notice advises the public that Graniterock Company
(Graniterock) of Watsonville, California, has applied to the Fish and
Wildlife Service for an incidental take permit pursuant to section
10(a)(1)(B) the Endangered Species Act of 1973, as amended. The
proposed 30-year permit would authorize the incidental take of the
federally listed as threatened California red-legged frog (Rana aurora
draytonii) during sand mining and reclamation at the Wilder Sand Quarry
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 California red-legged frog on the
Wilder Sand Quarry project and an implementing agreement. The plan
fully describes the proposed project and the measures Graniterock would
undertake to minimize and mitigate project impacts to the California
red-legged frog.
Comments are specifically requested on the appropriateness of the
``No Surprises'' assurances contained in this application (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 March 11, 1998.
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; or 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
Graniterock proposes to resume mining and initiate reclamation at
the Wilder Sand Quarry. The site is known to support populations of the
California red-legged frog. Graniterock has an existing mining permit
from the County of Santa Cruz (County) to mine the proposed area, as
well as an approved reclamation plan. The proposed project consists of
reclaiming areas where past mining occurred, mining in a new area, and
final reclamation.
At Wilder Sand Quarry, Graniterock mines sand from upland areas and
washes it using well water that has been reclaimed and recirculated
onsite since 1967. Use Permit 2791-U, issued by the County in May 1967,
allows Graniterock to: (a) Remove, process, store, transport, and sell
natural materials, and (b) install and operate machinery for such
removal, storage, transportation, and sale, including covered belt
conveyor and rail loading facilities.
Graniterock possesses a vested right to mine the entire 310 acres
identified in its use permit. Graniterock's operations also are subject
to the requirements of the California Surface Mining and Reclamation
Act (Reclamation Act) and the County mining ordinance, and to permits,
conditions, and agreements with other relevant agencies.
In compliance with conditions of the Reclamation Act, Graniterock
idled operations at its Wilder Sand Quarry prior to June 30, 1990. On
December 11,
[[Page 6578]]
1996, the County, acting as lead agency for the State of California,
certified the Wilder Environmental Impact Report, and, as the lead
agency for the Reclamation Act, approved the Wilder reclamation plan,
allowing the operation to be reopened. Graniterock now needs only an
incidental take permit for the California red-legged frog from the
Service to recommence its operations.
Graniterock has two project objectives. The first objective is to
reclaim, to Reclamation Act standards, areas disturbed during the sand
mining activities conducted from 1967 to 1990. These areas are
currently planted with erosion control grasses that will be replaced
with native California grasses. The process will involve a program of
planting and seasonally controlled goat grazing to achieve a
predominance of the native California grasses. This process will have
no impact on the California red-legged frog population. The second
objective is to mine and process sand, and to a lesser extent clay,
from the 20-acre site approved for sand mining on December 11, 1996,
and to revegetate mined areas concurrently in accordance with the
requirements of the Reclamation Act to minimize areas of disturbed
uplands.
Graniterock needs an incidental take permit from the Service
because listed wildlife species are protected against ``take'' pursuant
to section 9 of the Endangered Species 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 threatened species are at
50 CFR 17.32.
The Service proposes to issue a 30-year permit to Graniterock for
incidental take of California red-legged frogs from mining and
reclamation activities on approximately 125 acres of the 310-acre
Wilder Sand Quarry. California red-legged frogs have been found in 10
of the 13 artificial ponds within the Wilder Sand Quarry project area.
California red-legged frogs also have been found south of the project
area in three agricultural ponds and a lagoon.
Graniterock's habitat conservation plan contains measures to
minimize and mitigate the impacts of the sand mining and reclamation to
the California red-legged frog and its habitat and to further the
conservation of the species. For phase 1 of the proposed project
(reclamation of previously mined areas), Graniterock will: implement
all mitigation measures described in the habitat conservation plan for
the projected future incidental take of the California red-legged frog
during the initial project stage, concurrent with the reuse of the site
for sand mining; establish a 10.5-acre habitat compensation area, which
will have a restricted covenant placed on the title; revise the
reclamation plan prepared in compliance with the Reclamation Act to
include characteristics of California red-legged frog habitat in
revegetation efforts; implement a long-term monitoring program to
ensure that mitigation measures are successful and to initiate
remediation measures, if necessary; implement measures to control
bullfrogs and non-native fish species; implement a worker education
program; conduct preconstruction surveys in areas scheduled for
temporary disturbance during reclamation activities; remove excess
sediment and vegetation from sediment ponds to retain the
characteristics of California red-legged frog habitat; and prohibit the
use of chemical weed control in aquatic systems.
For phase 2 of the proposed project (mining with concurrent and
final reclamation), Graniterock will: modify the mining plan to
minimize disturbance of riparian corridors, including removal of an
existing road, creation of 50-foot-wide buffer zones, and installation
of fencing to keep California red-legged frogs off the access road;
remove excess sediment and vegetation from sediment ponds to retain
characteristics of California red-legged frog habitat; conduct
preconstruction surveys in areas scheduled for temporary disturbance
during mining and reclamation operations; prohibit the use of chemical
weed control in aquatic systems; implement a long-term monitoring
program to ensure that mitigation measures are successful and initiate
additional remediation measures, if necessary; retain existing sediment
ponds after mining is completed as part of Graniterock's wetland
banking program; and provide the Service with 20 years of onsite
monitoring of California red-legged frogs by the time that Graniterock
completes its mandated post-mining reclamation activities.
The habitat conservation plan and implementing agreement also
define measures to ensure that the elements of the plan are implemented
in a timely manner. Funding sources for implementation of the plan,
actions to be taken should unforeseen events occur, alternatives to the
proposed project, and other measures required by the Service are also
discussed. The implementing agreement, reports documenting the presence
of California red-legged frogs in the project area, and other pertinent
supporting documents are included as appendices of the plan.
Environmental Assessment
The environmental assessment considers the consequences of the
proposed action, a no action alternative, and a mining with camping as
the end use alternative. A no take alternative was not feasible because
the widespread distribution of the California red-legged frog on site
precluded redesigning the project to completely avoid take while
achieving the mining goals. The proposed action, issuance of an
incidental take permit, would require Graniterock to implement its
habitat conservation plan (see Background for a description of the
proposed action).
The no action alternative would be implemented if the Service did
not issue a section 10(a)(1)(B) permit for the proposed project.
However, if Graniterock does not obtain an incidental take permit, they
or the County would reclaim the site using bond monies posted by
Graniterock in accordance with the Reclamation Act. Therefore, this
alternative also includes the assumption that the site would eventually
be reclaimed. The end use of the reclaimed site is unknown under this
alternative. For example, Graniterock may develop a mitigation bank on
site, or the site could be used as open space that would become part of
the surrounding Wilder Ranch State Park and would be used for passive
recreation such as hiking, bicycling, and nature walking.
Under the mining with camping as end use alternative, mining
activities would be the same as described for the proposed action;
however, this alternative would result in camping, rather than open
space, as an end use of the site. This alternative also would require
the issuance of an incidental take permit for the California red-legged
frog. The proposed end use of the Wilder Sand Quarry under this
alternative includes campgrounds, an environmental educational center,
and various support facilities. Graniterock would continue its sand
harvesting operation and campgrounds would be operated concurrently
with the mining.
This notice is provided pursuant to section 10 (a)(1)(B) of the
Endangered Species 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
[[Page 6579]]
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: January 29, 1998.
Thomas Dwyer,
Acting Regional Director, Region 1, Portland, Oregon.
[FR Doc. 98-3153 Filed 2-6-98; 8:45 am]
BILLING CODE 4310-55-P
