[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]
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