[Federal Register Volume 62, Number 105 (Monday, June 2, 1997)]
[Notices]
[Pages 29732-29734]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14261]
=======================================================================
-----------------------------------------------------------------------
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 Quail Hollow Quarry,
Santa Cruz County, CA
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability.
-----------------------------------------------------------------------
SUMMARY: Graniterock Company of Watsonville, California, has 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 listed
endangered Mount Hermon June beetle (Polyphylla barbata), Zayante band-
winged grasshopper (Trimerotropis infantilis), Ben Lomond wallflower
(Erysimum teretifolium), and Ben Lomond spineflower (Chorizanthe
pungens var. hartwegiana) in the Quail Hollow Quarry, located 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 Quail Hollow
Quarry and an Implementation Agreement. The Service specifically
requests comment on the appropriateness of the ``No Surprises''
assurances contained in this application (sections I.F.2 and VI.C.1 of
the Implementation 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 July 2, 1997.
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 (805-644-1766).
SUPPLEMENTARY INFORMATION:
Availability of Documents
Individuals wishing copies of the documents should immediately
contact the Service's Ventura Field Office at the above referenced
address or telephone. Documents will also be available for public
inspection, by appointment,
[[Page 29733]]
during normal business hours at the above address.
Background Information
Graniterock Company (the applicant) currently has authorization
from the County of Santa Cruz to mine sand in areas A, B, and C of the
Quail Hollow Quarry (known as the current mining area). The applicant
presently is mining in area A of the current mining area where no
listed species occur. Continued mining would be conducted in two
phases. During phase one (lasting up to three years), the applicant
proposes to mine in areas B and C of the current mining area where
populations of the endangered Mount Hermon June beetle, Zayante band-
winged grasshopper, Ben Lomond wallflower, and Ben Lomond spineflower
occur. The sand source in the current mining area is expected to last
for only a few years. During phase two, the applicant intends to expand
mining into an area known as the future mining area. Expansion into the
future mining area would require amendment of the initial 3-year
incidental take permit to a 100-year permit, including preparation of a
supplement to the Environmental Assessment, as well as public review of
the application for a permit amendment. For context, the Habitat
Conservation Plan covers both the current and future mining areas.
The applicant 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 U.S.C. 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.
Section 9 of the Act generally does not prohibit take of federally
listed plants on private lands unless the take or action resulting in
take would violate State law. The applicants have requested a permit
for plants to the extent that their take would be a violation of the
Act. Impacts to listed plants also must be addressed in the intra-
Service consultation required pursuant to section 7(a) of the Act.
The Service proposes to issue a three-year permit to the applicant
for incidental take of four listed species during phase one of proposed
mining activities in the current mining area of Quail Hollow Quarry.
The proposed action would result in the loss of habitat for, and
individuals of, the Mount Hermon June beetle, Zayante band-winged
grasshopper, Ben Lomond wallflower, and Ben Lomond spineflower in the
current mining area as the natural vegetation communities in which they
are found are removed during mining operations. This action could
directly and indirectly affect the species described above.
The proposed action would authorize the incidental take of all
Mount Hermon June beetles and Zayante band-winged grasshoppers in the
current mining area on approximately 19 acres of the 220-acre quarry
site. The current mining area contains approximately 3.5 acres of
suitable habitat for these listed wildlife species. In addition, a few
occurrences of the Ben Lomond wallflower, comprising about 0.5 acres of
habitat, would be lost from the current mining area. A small population
of Ben Lomond spineflower, comprising less than 0.5 acres, also would
be lost.
The applicant developed a Habitat Conservation Plan as part of a
settlement agreement for litigation it had filed seeking a vested right
to mine the entire quarry. This agreement set out to resolve all of the
endangered species and habitat protection issues on the property. Under
this agreement, the applicant, the County of Santa Cruz, Sierra Club,
California Native Plant Society, and the South Ridge Watershed
Association established the minimum mitigation requirements under which
continued sand mining in Quail Hollow Quarry would be allowed. The
agreement is in the form of a stipulation for entry of judgment
(Stipulation Agreement).
Consistent with this Stipulation Agreement, the Habitat
Conservation Plan proposes the following minimization and mitigation
measures for phase 1 mining. At the time that the applicant satisfies
the conditions specified in the current mining approval as
prerequisites to commencing mining in areas B and/or C of the 19-acre
current mining area it will: grant a conservation easement in
perpetuity to Santa Cruz County for the 11.1-acre North Ridge Habitat
Set Aside; provide for protection and long-term management of the North
Ridge Habitat Set Aside; implement pertinent provisions of the Habitat
Conservation Plan in order to avoid disturbing listed species in all
areas of the quarry property except for areas within the current mining
area, overburden and stockpile areas, and existing access road; enhance
2 acres of disturbed sand parkland on the project site, protecting and
providing long term management of the area in a location satisfactory
to the County of Santa Cruz; and revegetate slopes within the current
mining area with the goal of reestablishing habitat for the listed
species.
The applicant also will perform measures to prevent incidental loss
of adults, immatures, or habitat values of the June beetle and
grasshopper within the protected populations. These activities include:
managing exterior lighting to reduce their attractiveness to male
beetles; avoiding placement of spoils in previously undisturbed
habitat; directing all mining area surface runoff away from habitat set
asides; restoring natural drainage patterns through occupied habitat;
removing non-native plants from natural habitat areas throughout the
property, with particular attention being given to the habitat set
asides; and limiting human use of habitat set asides to existing trails
and clearings.
Environmental Assessment
The Environmental Assessment considers the environmental
consequences of the proposed action and no action alternatives. A no
take alternative was not feasible due to the widespread distribution of
the Zayante band-winged grasshopper on site. Consistent with the
Stipulation Agreement, the proposed action would require the applicant
to implement phase 1 of their Habitat Conservation Plan (see Background
for a description of the proposed action).
Under the no action alternative, the Service would not issue an
incidental take permit to the applicant and a Habitat Conservation Plan
would not be implemented. The applicant would continue to mine area A,
where no listed species occur, until the sand supply was exhausted. The
applicant would then reclaim all previously disturbed areas of the
quarry consistent with their reclamation plan as required by the
Surface Mining and Reclamation Act. The applicant would be prevented
from legally carrying out mining in other areas of the quarry due to
the presence of listed animal species in the area. The no action
alternative would negate the terms of the Stipulation Agreement and
could result in continued and lengthy litigation. In the meantime, the
absence of the Habitat Conservation Plan would effectively preclude the
sale of the South Ridge property to Santa Cruz County and the
establishment of the North and West Ridge conservation easements.
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
[[Page 29734]]
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: May 23, 1997.
David L. McMullen,
Acting Regional Director, Region 1, Portland, Oregon.
[FR Doc. 97-14261 Filed 5-30-97; 8:45 am]
BILLING CODE 4310-55-P
