[Federal Register Volume 62, Number 95 (Friday, May 16, 1997)]
[Notices]
[Pages 27062-27064]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-12854]
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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 Kern Water Bank
Natural Community Conservation Plan/Habitat Conservation Plan, Kern
County, California
AGENCY: Fish and Wildlife Service.
ACTION: Notice of availability.
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SUMMARY: This notice advises the public that the Kern Water Bank
Authority (Authority) has applied to the Fish and Wildlife Service for
two 75-year incidental take permits pursuant to Section 10(a)(1)(B) of
the Endangered Species Act of 1973, as amended (Act), relating to the
Kern Water Bank's 19,900 acres of land in Kern County, California. The
application has been assigned permit number PRT-828086. One permit, the
Project Permit, is to allow the incidental take by the Authority for
the operation of the proposed project on the Kern Water Bank. The
second permit, the Master Permit, is to allow third parties in
designated areas of the southern San Joaquin Valley, California, to
acquire credits in the conservation bank to be established by the
Authority with the prior approval of the Service and to become included
parties under the Master Permit. In certain circumstances, the
Authority also may be able to use conservation credits on its own
behalf for other projects and thereby rely on the incidental take
authority of the Master Permit.
The proposed incidental take covered by the Project Permit would
occur due to habitat loss resulting from the Authority's proposed
project to use the Kern Water Bank to acquire and bank water when
available, to utilize the banked water for agricultural and other
purposes, to engage in farming activities and to create a conservation
bank (collectively, the Project). The proposed incidental take covered
by the Master Permit would occur due to habitat loss resulting from
projects of third persons, and other projects of the Authority in Kern
County, the Allensworth area of Tulare County, and the Kettleman Hills
area of Kings County.
The Authority requests coverage of 17 listed species (5 plant, 12
animal) and an additional 28 unlisted species (10 plant, 18 animal)
that may be found on the Kern Water Bank and are currently sufficiently
rare that they may become listed at some time in the near future. The
Authority further requests coverage of an additional 116 species (29
plant,
[[Page 27063]]
87 animal) which the Authority believes may become rare over the life
of the Permits and which may conceivably come to colonize the Kern
Water Bank, but for which the impact of the Project should be
negligible or beneficial. The Natural Community Conservation Plan/
Habitat Conservation Plan (Plan) proposes to conserve all 161 species
according to standards required for listed species under the Act.
Unlisted covered species would be named on the permits with delayed
effective dates. Barring unforeseen circumstances, incidental take of
the unlisted covered species would be authorized upon their listing
under the Act. The draft Implementing Agreement contains a No Surprises
assurance, whereby no additional mitigation or compensation will be
required of the permittee, except under extraordinary circumstances.
Concurrently with the proposed issuance of the Federal permits, the
California Department of Fish and Game proposes to issue management
authorizations for the 161 species under Sections 2081 and 2835 of the
California Endangered Species Act.
The Fish and Wildlife Service also announces the availability of an
Environmental Assessment for the incidental take permit application,
which includes the proposed Plan fully describing the proposed project
and mitigation, and the accompanying Implementing Agreement. In
addition, the application package includes a draft Conservation Bank
Agreement, and a draft Security Agreement. This Notice is provided
pursuant to Section 10(a) of the Act and National Environmental Policy
Act regulations (40 CFR 1506.6).
Comments are specifically requested on the appropriateness of the
No Surprises assurance contained in this application, specifically
outlined in section 5 of the Implementation Agreement as it applies to
the Authority's permit and the Master permit. 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, Environmental
Assessment and Implementing Agreement should be received on or before
June 30, 1997.
ADDRESSES: Comments regarding the application or adequacy of the
Environmental Assessment and Implementing Agreement should be addressed
to the Fish and Wildlife Service, Sacramento Field Office, 3310 El
Camino Avenue, Suite 130, Sacramento, California 95821-6340. Please
refer to permit number PRT-828086 when submitting comments. The
documents will available for public inspection, by appointment, during
normal business hours at the above address. Individuals wishing copies
of the application, Environmental Assessment, Implementing Agreement,
Conservation Bank Agreement or Security Agreement for review should
immediately contact Mr. Kenneth Bonesteel, Project Manager, Kern Water
Bank Authority, 33141 E. Lerdo Highway, P.O. Box 80607, Bakersfield,
California 93380-0607, telephone (805) 399-8735; fax (805) 399-9751.
FOR FURTHER INFORMATION CONTACT: Mr. Peter A. Cross, San Joaquin Valley
Branch Chief, Sacramento Field Office, telephone (916) 979-2710; fax
(916) 979-2723.
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 proposed Master and Project Permits for
Kern Water Bank would authorize the incidental take of 17 species: San
Joaquin kit fox (Vulpes macrotis mutica), Tipton kangaroo rat
(Dipodomys nitratoides nitratoides), blunt-nosed leopard lizard
(Gambelia silus), giant kangaroo rat (Dipodomys ingens), American
peregrine falcon (Falco peregrinus anatum), valley elderberry longhorn
beetle (Desmocerus californicus dimorphus), giant garter snake
(Thamnophis gigas), Aleutian Canada goose (Branta canadensis
leucopareia), vernal pool fairy shrimp (Branchinecta lynchi),
conservancy fairy shrimp (Branchinecta conservatio), vernal pool
tadpole shrimp (Lepidurus packardi), longhorn fairy shrimp
(Branchinecta longiantenna), San Joaquin woolly-threads (Lembertia
congdonii), Hoover's woolly-star (Eriastrum hooveri), California jewel
flower (Caulanthus californicus), Kern mallow (Eremalche parryi
kernensis), and Bakersfield cactus (Opuntia basilaris var. treleasei).
Background
The Plan documents a plan to accomplish both water conservation and
environmental objectives. The primary water conservation objective is
the storage of water in aquifers during times of surplus for later
recovery during times of shortage. The primary environmental objective
is to set aside large areas of the Kern Water Bank for threatened and
endangered species and to implement a program to protect and enhance
the habitat.
The basic objectives of the proposed Plan for the Kern Water Bank
project are to (1) allow the economical development of water recharge
and recovery facilities, (2) preserve compatible upland habitat and
other sensitive areas of natural habitat and rare plants, (3) conserve
species listed as threatened or endangered pursuant to Federal and
State environmental laws (listed species), (4) recreate intermittent
wetland/rangeland habitat, (5) provide a conservation bank for third
parties, and (6) permit farming.
Of the 19,900 acres that constitute the Kern Water Bank property,
5,900 acres are proposed for basins for routine recharge activities and
481 acres will be used for permanent water banking facilities. Between
the basins will be areas that will never be flooded. Some of these
areas have existing populations of listed plants. These plants will be
preserved in special areas totaling 960 acres. Other areas between
basins, totaling 5,592 acres, will revert to habitat. Additionally, 530
acres will be preserved and managed for mitigation of previous
Department of Water Resources projects. Of the remaining land, 3,170
acres will be used for farming and 3,267 acres will be used as a
conservation bank (to be used as potential mitigation for activities by
third parties within designated areas of the Southern San Joaquin
Valley). Of the 3,267 acres in the conservation bank, the Authority may
use up to 490 acres for commercial development.
The Project incorporates mitigation and compensation for impacts to
wildlife habitat and other natural resources resulting from
implementation of the Project. Approximately 10,349 acres, or over 52
percent, of the Project area will be set aside and limited to uses that
are compatible with the habitat values of the property. These lands
will be protected and managed for their wildlife habitat values
throughout the life of the Project. Certain lands will be protected
from development in perpetuity upon the approval of the Project. Other
lands will be protected in perpetuity upon the use of conservation
credits established by the Project.
The Master Permit will allow the incidental take of listed species
by third persons, and in certain circumstances the Authority, for
activities in specified
[[Page 27064]]
areas of Kern County, the Allensworth area of Tulare County, and the
Kettleman Hills area of Kings County, California. Third persons will
have to enter into an agreement with the Fish and Wildlife Service
which sets out that person's mitigation obligations, including the
number of off-site acres the person must acquire in order to obtain
incidental take authority. Once the Authority sells the conservation
credits to the third person, the Fish and Wildlife Service will issue a
certificate of inclusion to that person establishing that the person
has the authority to commit the incidental take of listed species
pursuant to the Master Permit. The purpose of the Master Permit is to
encourage the use of the conservation bank (thereby insuring protection
in perpetuity of bank lands) and to streamline the Fish and Wildlife
Service's permitting process for projects with minor impacts.
The Implementing Agreement contains a section which implements the
Service's ``No Surprises'' Policy. Under this section, the Fish and
Wildlife Service may not require additional mitigation or compensation,
including commitments of additional land or financial compensation,
from the Authority unless the Fish and Wildlife Service makes a finding
of ``extraordinary circumstances,'' defined as a significant and
substantial adverse change in the population of a species covered by
the Plan. If the Fish and Wildlife Service makes a finding of
extraordinary circumstances which warrants requiring additional
mitigation or compensation, the additional mitigation or compensation
the Fish and Wildlife Service may require is limited to modifying the
management of the Kern Water Bank, excluding that portion of the bank
used for recharge basins and that portion used for farming. If
additional land or financial compensation is needed, the primary
responsibility to provide this compensation rests with the Federal
government.
In compliance with National Environmental Policy Act, the
Environmental Assessment examines the environmental impacts of issuing
the proposed Incidental Take Permits and the effects of implementing
the proposed Plan and alternative plans. Although a number of
alternative conservation configurations and mechanisms were considered,
the Environmental Assessment analyzes four alternatives in detail. The
Environmental Assessment considers (1) the proposed action, (2) the
proposed action excluding the Master Permit, (3) the proposed action,
but reducing the amount of acreage that could be covered by recharge
basins to 3,258 acres, and (4) a no permit alternative.
This notice is provided pursuant to section 10(a) of the Endangered
Species Act and the National Environmental Policy Act of 1969
regulations (40 CFR 1506.6). The Fish and Wildlife Service will
evaluate the application, associated documents, and comments submitted
thereon to determine whether the application meets the requirements of
the National Environmental Policy Act regulations and section 10(a) of
the Endangered Species Act. If it is determined that the requirements
are met, a permit will be issued for the incidental take of the listed
species. The final permit decision will be made no sooner than 45 days
from the date of this notice.
Dated: May 8, 1997.
Don Weathers,
Acting Regional Director, Region 1, Portland, Oregon.
[FR Doc. 97-12854 Filed 5-15-97; 8:45 am]
BILLING CODE 4310-55-P
