[Federal Register Volume 61, Number 200 (Tuesday, October 15, 1996)]
[Notices]
[Pages 53750-53751]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-26298]


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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 A. Teichert & Son, 
Inc.'s, Vernalis Aggregate Project, San Joaquin County, California

AGENCY: Fish and Wildlife Service.

ACTION: Notice of availability.

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SUMMARY: This notice advises the public that A. Teichert & Son, Inc., 
has applied to the U.S. Fish and Wildlife 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-820643. The proposed permit would authorize the incidental 
take of San Joaquin kit fox (Vulpes macrotis mutica), federally listed 
as endangered, and the California red-legged frog (Rana aurora 
draytonii), federally listed as threatened, and/or their habitat during 
aggregate extraction and the construction and operation of processing 
facilities and associated road improvements. The proposed permit also 
would authorize future incidental take of the western burrowing owl 
(Athene cunicularia hypugea), a currently unlisted species, should it 
become listed under the Endangered Species Act in the future. The 
permit would be in effect for 50 years.
    The U.S. Fish and Wildlife Service also announces the availability 
of an Environmental Assessment for the incidental take permit 
application, which includes the proposed Habitat Conservation Plan 
fully describing the proposed project and mitigation, and the 
accompanying Implementing Agreement. This notice is provided pursuant 
to section 10(a) of the Endangered Species Act and National 
Environmental Policy Act regulations (40 CFR 1506.6). All comments, 
including names and addresses, received will become part of the 
official 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 
November 14, 1996.

ADDRESSES: Comments regarding the application or adequacy of the 
environmental assessment and Implementing Agreement should be addressed 
to, U.S. Fish and Wildlife Service, Sacramento Field Office, 3310 El 
Camino, Suite 130, Sacramento, California 95821-6340. Please refer to 
permit number PRT-820643 when submitting comments. Individuals wishing 
copies of the application, Environmental Assessment or Implementing 
Agreement 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. Michael Horton or Ms. Tiki Baron, 
Sacramento Field Office, 916-979-2725.

SUPPLEMENTARY INFORMATION: Section 9 of the Endangered Species Act 
prohibits the ``taking'' of a species listed as threatened or 
endangered. However, the U.S. Fish and Wildlife Service, under limited 
circumstances, may issue permits to take listed species 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

    A. Teichert & Son, Inc., proposes to extract aggregate from 
approximately 205 acres, construct and operate aggregate processing 
facilities on approximately 100 acres, and construct and maintain 
associated road improvements in San Joaquin County, California. A. 
Teichert & Son, Inc., seeks coverage for permanent impacts to 58 acres, 
and temporary impacts to an additional 25 acres, of potential San 
Joaquin kit fox habitat. Neither California red-legged frog or western 
burrowing owl are currently known to occur on the project site. During 
the course of the project, however, either or both of these species 
could become established on the site as a result of conditions created 
by project activities. Therefore, A. Teichert & Son, Inc., also seeks 
coverage for incidental take of California red-legged frog and western 
burrowing owl, should either occupy the site in the future.
    To compensate for project impacts, A. Teichert & Son, Inc., will 
acquire, through a permanent conservation easement, a 192-acre 
mitigation site located 2.6 miles west of the project site. The 
mitigation site provides suitable habitat for San Joaquin kit fox and 
western burrowing owl (grazed annual grassland) and potential habitat 
for California red-legged frogs (two stock ponds). A. Teichert & Son, 
Inc., will convey the conservation easement to the California 
Department of Fish and Game and provide funding for long-term 
management of the mitigation site. Other measures are specified in the 
Habitat Conservation Plan to minimize the potential for take during 
excavation, construction, and operation activities.
    The Environmental Assessment considers the environmental 
consequences of three alternatives. Alternative 1, the proposed action, 
consists of the issuance of an incidental take permit to A. Teichert & 
Son, Inc., and implementation of the Habitat Conservation Plan and its 
Implementing Agreement. This alternative is preferred because: (1) It 
satisfies the purpose and needs of the U.S. Fish and Wildlife Service 
and A. Teichert & Son, Inc.; (2) it is likely to result in a relatively 
low level of incidental take; and (3) impacts are minimized and 
mitigated by the acquisition of a conservation easement preserving the 
192-acre mitigation site and other measures specified in the Habitat 
Conservation Plan. Under Alternative 2, the no action alternative, the 
U.S. Fish and Wildlife Service would not issue an incidental take 
permit. A. Teichert & Son, Inc., has indicated that they would continue 
to implement the Vernalis Aggregate project, incorporating precautions 
as described in the Habitat Conservation Plan to avoid take of listed 
species, regardless of whether the Habitat Conservation Plan is 
approved and an incidental take permit issued. If project activities 
did result in take of listed species, such take would be unauthorized 
under this alternative and would place A. Teichert & Son, Inc., in 
violation of state and Federal laws. Under the no action alternative, 
the 192-

[[Page 53751]]

acre mitigation site would not be preserved through a conservation 
easement. Alternative 3 entails development of aggregate extraction and 
processing facilities on an alternate site. Development of the 
alternate site would result in significant impacts to the Swainson's 
hawk by eliminating 708 acres of suitable foraging habitat. Foraging 
habitat for western burrowing owls, loggerhead shrikes, and California 
horned larks would also be lost. In addition, because the aggregate 
reserves on the alternate site are of lower quality than those at the 
proposed site, use of the alternate site would likely disturb more 
acres of habitat to produce the same volume of aggregate.
    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 U.S. 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 30 days 
from the date of this notice.

    Dated: October 7, 1996.
Don Weathers,
Acting Regional Director, Region 1, Portland, Oregon.
[FR Doc. 96-26298 Filed 10-11-96; 8:45 am]
BILLING CODE 4310-55-P