[Federal Register Volume 62, Number 10 (Wednesday, January 15, 1997)]
[Notices]
[Pages 2174-2176]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-967]
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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 the Natomas Basin Habitat
Conservation Plan, Sacramento and Sutter Counties, CA
AGENCY: Fish and Wildlife Service.
ACTION: Notice of availability.
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SUMMARY: This notice advises the public that the City of Sacramento 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-
823773. The proposed permit would authorize the incidental take of the
federally threatened giant garter snake (Thamnophis gigas), Aleutian
Canada goose (Branta canadensis leucopareia), valley elderberry
longhorn beetle (Desmocerus californicus dimorphus), and vernal pool
fairy shrimp (Branchinecta lynchi); the federally endangered peregrine
falcon (Falco peregrinus anatum), conservancy fairy shrimp
(Branchinecta conservatio), longhorn fairy shrimp (Branchinecta
longiantenna), vernal pool tadpole shrimp (Lepidurus packardi), and
palmate bird's beak (Cordylanthus palmatus); the proposed threatened
slender orcutt grass (Orcuttia tenuis) and hairy orcutt grass (Orcuttia
pilosa); and the proposed endangered Sacramento orcutt grass (Orcuttia
viscida). The proposed taking of these species would be incidental to
development for urban uses within the 55,000-acre Natomas Basin in
Sacramento and Sutter Counties. The proposed permit also would
authorize future incidental take of the currently unlisted California
tiger salamander (Ambystoma tigrinum californiense), Swainson's hawk
(Buteo swainsoni), greater sandhill crane (Grus canadensis tubida),
bank swallow (Riparia riparia), Boggs Lake hedge-hyssop (Gratiaola
heterosepala) and Ahart's dwarf flax (Juncus leiospermus var ahartii),
should any of these species 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.
[[Page 2175]]
DATES: Written comments on the permit application, Environmental
Assessment and Implementing Agreement should be received on or before
March 3, 1997.
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-823773 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, 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
The Natomas Basin Habitat Conservation Plan addresses development
within the 55,000-acre Natomas Basin in Sutter and Sacramento Counties.
The Natomas Basin is subject to several approved or proposed land use
plans that will convert portions of the Basin to urban uses. Based on
these plans, approximately 17,500 acres of undeveloped land is expected
to be urbanized during the 50-year term of the proposed permit.
Development activities may result in take of covered species and
permanent disturbance to their habitats. In addition, the proposed
permit would cover incidental take that occurs during implementation of
rice farming activities within the permit area. Rice farming may result
in take of the giant garter snake because rice fields are used as
habitat by this species.
The Natomas Basin Habitat Conservation Plan establishes a
mitigation program for urban development, water system operation, and
agriculture. The focus of the program is a system of mitigation lands
which would be managed as wetland and upland habitat for the giant
garter snake, the Swainson's hawk and other covered species. One-half
acre of mitigation land would be established for every acre of land
developed within the Natomas Basin Habitat Conservation Plan Area. The
mitigation land would be acquired and managed by the Natomas Basin
Conservancy, a non-profit conservation organization that would be
established at the time the Natomas Basin Habitat Conservation Plan is
implemented. Currently, the City of Sacramento is the only entity
seeking a section 10(a)(1)(B) permit to cover land use approvals and
public works activities; however, entities such as the County of
Sacramento and the County of Sutter, among others, could apply to be
added to this permit or apply for separate permits in the future.
Habitat acquisition and management would be funded by one-time
assessments (``base fees'') on development. The base fee is projected
to be $2,240.00 (in 1995 dollars, to be adjusted using the Consumer
Price Index to reflect current dollars at the time of permit issuance)
per acre of development. All lands developed within the area of the
proposed permit would be subject to the base fee; no distinction would
be made between areas with approved land use plans and areas currently
zoned for agriculture. The base fee also would be adjusted as necessary
throughout the term of the permit to provide for inflation. In
addition, the base fee could be adjusted to cover increasing costs of
mitigation. This adjustment would be limited to increases of no more
than 10 percent per year (not including adjustments made for
inflation), with a maximum cumulative base fee increase of 50 percent
above the base fee at the time of permit issuance.
Initially, a minimum of 80 percent of the mitigation lands acquired
to mitigate for the loss of giant garter snake habitat would be located
within the Natomas Basin; up to 20 percent of the giant garter snake
mitigation lands could be located in specified areas outside of the
Natomas Basin. After completion of the yet-to-be-developed Giant Garter
Snake Recovery Plan, location of the mitigation lands could be shifted
to a minimum of 50 percent within the Basin and up to 50 percent
outside of the Basin, as directed by the Giant Garter Snake Recovery
Plan and approved by the U.S. Fish and Wildlife Service. Mitigation
lands would be managed as a combination of rice farms and marsh
habitat, with at least 25 percent of the mitigation lands in marsh
habitat and 25 percent in rice-farm habitat. The remaining 50 percent
of the giant garter snake mitigation lands would be either marsh or
rice, as determined by the Giant Garter Snake Recovery Plan.
The Environmental Assessment considers the environmental
consequences of four alternatives. Alternative 1, the proposed action,
consists of the issuance of an incidental take permit to the City of
Sacramento and implementation of the Habitat Conservation Plan and its
Implementing Agreement. This alternative is preferred because it
satisfies the purpose and needs of the U.S. Fish and Wildlife Service
and the City of Sacramento, and the impacts of urbanization are
minimized and mitigated by the establishment of habitat preserves. The
specifications of the habitat preserves under this alternative ensure
that long-term wetland and upland habitat values are maintained for the
giant garter snake, Swainson's hawk, and other species covered by the
Natomas Basin Habitat Conservation Plan. Alternative 2 proposes a
variable mitigation ratio in which landowners with documented
occurrences of covered species or ``high quality'' habitat would be
required to compensate at a higher ratio than landowners with no
documented occurrences of covered species or ``poor quality'' habitat.
Under this alternative, each parcel of land proposed for development
would need to be inspected and a mitigation ratio assessed based on
existing habitat quality and/or species utilization. This alternative
would place a greater emphasis on proving presence or absence of
covered species, primarily giant garter snake. Because survey
procedures used to locate giant garter snakes and/or determine
suitability of habitat are not fully reliable, it is likely that this
method would not adequately reflect the ecology of the giant garter
snake and would not effectively address the indirect and cumulative
impacts of urbanization on the species.
Alternative 3 is similar to the proposed action except that the
minimum percentage of mitigation lands to be maintained as managed
marsh habitat (as opposed to rice-farm habitat) would increase from 25
to 50 percent. This alternative would likely provide greater habitat
values than the proposed action because a greater proportion of the
habitat preserves would be enhanced and managed as marsh. This
alternative, however, contains a greater risk that the smaller
proportion of revenue-generating rice lands could result in economic
instability and consequently have an
[[Page 2176]]
adverse impact on the maintenance and management of the preserve
system. Under Alternative 4, the no action alternative, the U.S. Fish
and Wildlife Service would not issue an incidental take permit. Under
this alternative, development within the Natomas Basin Habitat
Conservation Plan area would occur with individual development projects
mitigating for their impacts independently in an unstructured manner.
The current process of individual consultation on each development
project has resulted in mitigation which is fragmented over the
landscape and is likely to be of limited long-term value in providing
for the conservation of species such as the giant garter snake.
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 45 days
from the date of this notice.
Dated: January 7, 1997.
Thomas J. Dwyer,
Acting Regional Director, Region 1, Portland, Oregon.
[FR Doc. 97-967 Filed 1-14-97; 8:45 am]
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