[Federal Register Volume 59, Number 81 (Thursday, April 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-10114]


[Federal Register: April 28, 1994]


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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service


Availability of an Environmental Assessment and Receipt of an 
Application for a Permit To Allow Incidental Take of the Endangered 
Stephens' Kangaroo Rat by John Laing Homes, Inc., Laguna Hills, CA

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice.

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SUMMARY: This notice advises the public that John Laing Homes, Inc. 
(Applicant) 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 (Act). The application has 
been assigned permit number PRT-788945. The requested permit would 
authorize the incidental take of the endangered Stephens' kangaroo rat 
(Dipodomys stephensi) in the city of Corona, Riverside County, 
California. The proposed incidental take would occur as a result of 
grading and construction activities in Stephens' kangaroo rat occupied 
habitat for a residential development (Tract 22579).
    The Service also announces the availability of an Environmental 
Assessment (EA) for the proposed issuance of the incidental take 
permit. This notice is provided pursuant to section 10(c) of the Act 
and National Environmental Policy Act regulations (40 CFR 1506.6).

DATES: Written comments on the permit application and EA should be 
received on or before May 31, 1994.

ADDRESSES: Comments regarding the application or adequacy of the EA 
should be addressed to Mr. Gail Kobetich, Field Supervisor, U.S. Fish 
and Wildlife Service, Carlsbad Field Office, 2740 Loker Avenue West, 
Carlsbad, California 92008. Please refer to permit No. PRT-788945 when 
submitting comments.

FOR FURTHER INFORMATION CONTACT:
Mr. John Bradley, U.S. Fish and Wildlife Service, Carlsbad Field 
Office, 2740 Loker Avenue West, Carlsbad, California 92008 (619-431-
9440). Individuals wishing copies of the application or EA for review 
should immediately contact the above individual.

SUPPLEMENTARY INFORMATION:

Background

    Under section 9 of the Act, ``taking'' of Stephens' kangaroo rats, 
an endangered species, is prohibited. However, the Service, under 
limited circumstances, may issue permits to take endangered wildlife 
species if such taking is incidental to, and not the purpose of, 
otherwise lawful activities. Regulations governing permits for 
endangered species are in 50 CFR 17.22.
    The Applicant proposes to implement a Habitat Conservation Plan 
(HCP) for the Stephens' kangaroo rat that will allow clearing, grading 
and construction of a residential development (Tract 22579), in the 
city of Corona, Riverside County, California. The permit would 
authorize the destruction of up to 10.4 acres of occupied Stephens' 
kangaroo rat habitat, which is estimated to include approximately 15 
Stephens' kangaroo rats. The permit would be in effect for five years. 
The application includes an HCP and Implementation Agreement.
    The Applicant proposes to mitigate for the incidental take prior to 
site disturbance by: (1) Acquiring 10.4 acres of occupied Stephens' 
kangaroo rat habitat within a Stephens' kangaroo rat Study Area 
administered by the Riverside County Habitat Conservation Agency 
(RCHCA) to be managed in perpetuity to benefit the Stephens' kangaroo 
rat; (2) implementing this requirement by payment of $91,000 to the 
RCHCA for the habitat acquisition; (3) paying $9,100 to the RCHCA for 
the long-term management of the acquired habitat; and (4) providing 
evidence confirming acquisition of the habitat within 180 days of 
payment of the mitigation fee.
    The EA considers the environmental consequences of five 
alternatives, including the proposed action and no-action alternatives. 
The proposed action is the issuance of a permit under section 10(a) of 
the Act that would authorize removal of 10.4 acres of Stephens' 
kangaroo rat habitat during the residential development. The proposed 
action would result in minimizing incidental take by limitations on and 
monitoring of proposed construction activities. Mitigation under 
proposed action would enhance Stephens' kangaroo rat conservation by 
the acquisition and management of 10.4 acres of occupied habitat to be 
managed for the Stephens' kangaroo rat. Under the no-action 
alternative, the project would not occur and the permit would not be 
issued. The present habitat fragmentation and isolation due to off-road 
vehicle use, surrounding development, and other on-site disturbances 
would remain under the no-action alternative, and the Stephens' 
kangaroo rat population on the site likely would disappear in time. In 
addition, proposed funding for acquisition of habitat within the RCHCA 
reserve areas would not be available. The third alternative is to 
completely avoid occupied habitat on the project site. A fourth 
alternative is to trap and relocate Stephens' kangaroo rats as a means 
of avoiding the killing or serious injury of the animals. The fifth 
alternative is to obtain a take allocation from the city of Corona as a 
co-permittee to the existing RCHCA section 10(a) incidental take permit 
and HCP.

(Notice: Availability of an Environmental Assessment and Receipt of 
an Application for a Section 10(a) Permit of the Endangered Species 
Act)

    Dated: April 19, 1994.
Marvin L. Plenert,
Regional Director, Region 1, U.S. Fish and Wildlife Service.
[FR Doc. 94-10114 Filed 4-26-94; 8:45 am]
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