[Federal Register Volume 62, Number 110 (Monday, June 9, 1997)]
[Notices]
[Pages 31445-31447]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14944]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Availability of a Habitat Conservation Plan and Receipt of an
Application for an Incidental Take Permit for Raley's Landing Project,
Yolo County, California
AGENCY: Fish and Wildlife Service
ACTION: Notice of receipt.
-----------------------------------------------------------------------
SUMMARY: This notice advises the public that Raley's has applied to the
U.S. Fish and Wildlife Service (Service) for an incidental take permit
pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973,
as amended. The application has been assigned permit number PRT-829945.
The proposed permit would authorize the incidental take of the valley
elderberry longhorn beetle (Desmocerus californicus dimorphus),
federally listed as threatened, and/or modification or degradation of
its habitat during the development of a commercial center in Yolo
County, California. The permit would be in effect for 5 years.
[[Page 31446]]
The Service announces the receipt of the Raley's incidental take
permit application and the availability of the proposed Raley's Landing
Project Habitat Conservation Plan (Plan) which accompanies the
incidental take permit application, for public comment. The Plan fully
describes the proposed project and the measures Raley's will undertake
to mitigate for project impacts to the valley elderberry longhorn
beetle. The Service has determined that the Raley's Landing Project
Plan qualifies as a ``Low Effect'' Plan as defined by the Fish and
Wildlife Service's Habitat Conservation Planning Handbook (November
1996). The Service has further determined that approval of the Plan
qualifies as a categorical exclusion under the National Environmental
Policy Act, as provided by the Department of Interior Manual (516 DM2,
Appendix 1 and 516 DM 6, Appendix 1). This notice is provided pursuant
to section 10(c) of the Endangered Species Act.
Comments are specifically requested on the appropriateness of the
No Surprises assurance contained in this application, specifically
outlined in section 4.5 of the Plan. In the event of unforeseen or
extraordinary circumstances affecting the valley elderberry longhorn
beetle, Raley's will not be required to provide additional mitigation
measures. If the Service makes a finding of extraordinary
circumstances, which warrants requiring additional mitigation or
compensation, the primary responsibility to provide this compensation
rests with the Federal government. All comments received, including
names and addresses, will become part of the official administrative
record and may be made available to the public.
DATES: Written comments on the permit application and Plan should be
received on or before July 9, 1997.
ADDRESS: Comments regarding the permit application or the Plan should
be addressed to the Fish and Wildlife Service, Sacramento Fish and
Wildlife Office, 3310 El Camino Avenue, Suite 130, Sacramento,
California 95821-6340. Please refer to permit number PRT-829945 when
submitting comments. Individuals wishing copies of the application and
Plan for review should immediately contact the above office. Documents
also will be available for public inspection, by appointment, during
normal business hours at the above address.
FOR FURTHER INFORMATION CONTACT: Mr. William Lehman or Ms. Tiki Baron,
Sacramento Fish and Wildlife Office, 916-979-2725.
SUPPLEMENTARY INFORMATION: Section 9 of the Endangered Species Act and
Federal regulation prohibits the ``taking'' of a species listed as
endangered or threatened. However, the Service, under limited
circumstances, may issue permits to ``incidentally take'' listed
species, which is take that is incidental to, and not the purpose of,
otherwise lawful activities. Regulations governing permits for
threatened species are promulgated in 50 CFR 17.32; regulations
governing permits for endangered species are promulgated in 50 CFR
17.22.
Background
Raley's proposes to develop a multi-use commercial center on a
13.74-acre site in Yolo County. The project site, bordered on the east
by the Sacramento River, is in an urbanized area of the City of West
Sacramento; development of this parcel represents urban in-fill. The
project site has been previously developed as evidenced by the remains
of several building foundations and is now dominated by ruderal
vegetation and invasive non-native trees. Two elderberry shrubs
(Sambucus sp.), habitat for the valley elderberry longhorn beetle,
occur in the northwestern corner of the site in an area approximately
.002 acres in size. One of the two shrubs shows evidence of recent
valley elderberry longhorn beetle activity.
Raley's proposes to purchase habitat compensation credits for the
valley elderberry longhorn beetle at Wildlands, Inc., a mitigation bank
approved by the Service. Wildlands will transplant the two shrubs from
the project site to Wildlands' mitigation bank site in accordance with
procedures specified in the Service's Mitigation Guidelines for the
Valley Elderberry Longhorn Beetle, dated September 19, 1996
(Guidelines). Habitat compensation credits at the Wildlands' mitigation
bank include planting of additional elderberry seedlings and associated
native plants according to the ratios specified in the Guidelines.
Monitoring, remedial measures, and reporting also will follow the
recommendations provided in the Guidelines. Because the Raley's Landing
Project site contains only two elderberry shrubs, and those shrubs are
relatively isolated from other valley elderberry longhorn beetle
habitat, the Service believes that the transplantation of the shrubs
will result in negligible effects to the beetle. Maintenance of the
elderberry shrubs at Wildlands' mitigation bank site may in fact
provide a net benefit to the species. The proposed project will not
affect any other listed species.
The Service has determined that the Raley's Landing Project Plan
qualifies as a ``Low Effect'' Plan as defined by the Service's Habitat
Conservation Planning Handbook (November 1996). Low Effect Plans are
those involving: (1) minor or negligible effects on federally listed
and candidate species and their habitats; and (2) minor or negligible
effects on other environmental values or resources. The Raley's Landing
Project Plan qualifies as a Low Effect Plan for the following reasons:
1. Approval of the Plan will result in minor or negligible effects
on the valley elderberry longhorn beetle and its habitat. The Service
does not anticipate significant direct or cumulative effects to the
valley elderberry longhorn beetle resulting from the removal of low
numbers of isolated elderberry shrubs within highly urbanized portions
of its range.
2. The project site is already highly disturbed; therefore, site
development will not have adverse effects on unique geographic,
historic or cultural sites, or involve unique or unknown environmental
risks.
3. This project will result in minor development within an existing
urban area. Approval of the Plan will not result in any cumulative or
growth inducing impacts and, therefore, will not result in significant
adverse effects on public health or safety.
4. The project does not require compliance with Executive Order
11988 (Floodplain Management), Executive Order 11990 (Protection of
Wetlands), or the Fish and Wildlife Coordination Act, nor does it
threaten to violate a Federal, State, local or tribal law or
requirement imposed for the protection of the environment.
5. Approval of this Plan will not establish a precedent for future
action or represent a decision in principle about future actions with
potentially significant environmental effects.
The Service has therefore determined that approval of the Raley's
Landing Project Plan qualifies as a categorical exclusion under the
National Environmental Policy Act, as provided by the Department of
Interior Manual (516 DM2, Appendix 1 and 516 DM 6, Appendix 1). No
further National Environmental Policy Act documentation will therefore
be prepared.
This notice is provided pursuant to section 10(c) of the Endangered
Species Act. The Service will evaluate the permit application, Habitat
Conservation Plan, and comments
[[Page 31447]]
submitted thereon to determine whether the application meets the
requirements of 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 valley elderberry longhorn beetle. The final
permit decision will be made no sooner than 30 days from the date of
this notice.
Dated: May 30, 1997.
David L. McMullen,
Acting Regional Director, Region 1, Portland, Oregon.
[FR Doc. 97-14944 Filed 6-6-97; 8:45 am]
BILLING CODE 4310-55-P
