[Federal Register Volume 63, Number 13 (Wednesday, January 21, 1998)]
[Notices]
[Pages 3152-3153]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-1333]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Availability of an Environmental Assessment and Receipt of an 
Application for an Endangered Species Act Incidental Take Permit for 
the U.S. Borax Project in Kern County, CA

AGENCY: Fish and Wildlife Service.

ACTION: Notice of availability.

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SUMMARY: U.S. Borax, Incorporated has applied to the Fish and Wildlife 
Service for a 50-year incidental take permit pursuant to section 
10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). In 
the 1,940-acre project area near the town of Boron, Kern County, 
California, the Service proposes to issue an incidental take permit and 
provide assurances to the applicant for the threatened desert tortoise 
(Gopherus agassizii) and the following Federal species of concern: 
Mojave ground squirrel (Spermophilus mohavensis), American badger 
(Taxidea taxus), Le Conte's thrasher (Toxostoma lecontei), loggerhead 
shrike (Lanius ludovicianus), burrowing owl (Athene cunicularia), 
desert kit fox (Vulpes acrotis arsipus), greenest tiger beetle 
(Cicindela tranquebarica viridissima), Mojave spineflower (Chorizanthe 
spinosa), and sagebrush loeflingia (Loeflingia squarrosa var. 
artemisiarum). The proposed permit would be effective upon issuance for 
species currently listed under the Act. The permit would become 
effective for unlisted species included in the permit upon their 
listing under the Act. This notice opens the comment period on the 
Environmental Assessment and permit application package, which includes 
a Habitat Conservation Plan and Implementation Agreement. The Service 
specifically requests comment on the appropriateness of the ``No 
Surprises'' assurances contained in section V.C.1 of the Implementation 
Agreement. All comments received, including names and addresses, will 
become part of the administrative record and may be made available to 
the public.


[[Page 3153]]


DATES: Written comments on the Habitat Conservation Plan, Environmental 
Assessment, and Implementation Agreement should be received on or 
before February 20, 1998.

ADDRESSES: Comments should be addressed to Diane K. Noda, Field 
Supervisor, Fish and Wildlife Service, 2493 Portola Road, Suite B, 
Ventura, California 93003. Written comments may also be sent by 
facsimile to (805) 644-3958.

FOR FURTHER INFORMATION CONTACT: Kirk Waln, Fish and Wildlife 
Biologist, at the above address; telephone (805) 644-1766.

SUPPLEMENTARY INFORMATION:

Availability of Documents

    Individuals wishing copies of the documents should immediately 
contact the Service's Ventura Fish and Wildlife Office at the above 
referenced address, or by telephone at (805) 644-1766. Documents will 
also be available for public inspection, by appointment, during normal 
business hours at the above address.

Background Information

    U.S. Borax proposes to enlarge its open pit borate mining operation 
and expand its overburden disposal piles near the town of Boron in Kern 
County, California. This site is known to support a population of the 
threatened desert tortoise and may support populations of Mojave ground 
squirrel, American badger, Le Conte's thrasher, loggerhead shrike, 
burrowing owl, desert kit fox, greenest tiger beetle, Mojave 
spineflower, and sagebrush loeflingia, all Federal species of concern.
    Federally listed, threatened, and endangered species are protected 
pursuant to section 9 of the Act against take; that is, no one may 
harass, harm, pursue, hunt, shoot, wound, kill, trap, capture or 
collect the species, or attempt to engage in such conduct (16 U.S.C. 
1538). The Service, however, may issue permits to take listed animal 
species if such taking is incidental to, and not the purpose of, 
otherwise lawful activities. Regulations governing permits for 
endangered and threatened species are at 50 CFR 17.22 and 17.32. 
Although no incidental take authorization is required for listed plant 
species, impacts to these species must be addressed in the intra-
Service consultation required pursuant to section 7(a) of the Act.
    The Environmental Assessment considers the environmental 
consequences of four alternatives: the proposed action, no action, use 
of existing overburden pile areas, and backfilling. The no action 
alternative was found to be economically infeasible because U.S. Borax 
would be required to cease operations before the existing borate ore 
body was fully removed. The use of existing overburden pile areas was 
found infeasible because it would result in overburden piles 
approximately 1,200 feet in elevation above the surrounding landscape 
and be wholly incompatible with the existing landscape. The backfilling 
alternative was found infeasible because mineable calcium borate ores 
underlie the sodium borate ores that are the current focus of mining 
operations. At this time it is not economically feasible to mine 
calcium borate ores; however, backfilling of the pit would prevent 
their later use should economic conditions change. The no action, use 
of existing overburden pile areas, and backfilling alternatives would 
result in the loss of significantly less habitat than the preferred 
alternative. However, none of the mitigation measures under the 
proposed alternative would occur, including protecting and providing a 
management endowment for approximately 2,274 acres of high quality 
creosote bush scrub habitat.
    The proposed action would result in the loss of 1,525 acres of 
disturbed creosote bush scrub habitat and 415 acres of land heavily 
degraded by past mining activities. This action could directly and 
indirectly affect the species described above. The Service proposes to 
issue an incidental take permit to the applicant for the incidental 
take of desert tortoises, and for the incidental take of other covered 
species should such authorization be necessary (i.e., should unlisted 
covered species be listed as threatened or endangered in the future, or 
should take authorization for plants become necessary). In addition, 
the applicant seeks Federal assurances that no additional land 
restrictions or financial compensation would be required for species 
adequately covered by the Habitat Conservation Plan. To accomplish 
this, all species covered in the Plan would be included in the 
incidental take permit on the condition that all permit issuance 
criteria are met and that the provisions of the Plan and Implementation 
Agreement are executed.
    The proposed Federal action would authorize the incidental take of 
all desert tortoises within the project area. The Service anticipates 
that all Mojave ground squirrels, American badgers, burrowing owls, Le 
Conte's thrashers, loggerhead shrikes, greenest tiger beetles, and all 
individual Mojave spineflowers and sagebrush loeflingias would be 
removed or displaced from the project area through implementation of 
this action. Because habitat loss associated with this action would 
occur in small increments over many years, individual Mojave ground 
squirrels, American badgers, burrowing owls, Le Conte's thrashers, and 
loggerhead shrikes may avoid injury or death by moving to appropriate 
habitats off-site.
    To minimize the effects of the proposed project, the proponent 
would undertake the following measures: An education program would be 
presented to all personnel working in the project area; preconstruction 
surveys by qualified biologists would be conducted and listed species 
removed from harm's way; a berm would be built to prevent desert 
tortoises from re-entering the area; vehicular traffic would be 
restricted to designated routes and a 25-mile-per-hour speed limit 
enforced; trash would be contained; and no firearms or pets would be 
permitted on site.
    To mitigate the effects of the proposed project, the applicant 
proposes habitat reclamation and compensation. Following completion of 
mining, the applicant would reclaim the overburden piles through 
appropriate grading and revegetation. To mitigate for remaining adverse 
effects, the proponent would protect approximately 2,274 acres of high 
quality creosote bush scrub habitat and provide a management endowment 
for that habitat.
    This notice is provided pursuant to section 10(c) of the Endangered 
Species Act and the regulations of the National Environmental Policy 
Act of 1969 (40 CFR 1506.6). The 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 and section 10(a)(1)(B) of the Endangered 
Species Act. If the Service determines that the requirements are met, a 
permit will be issued for the incidental take of the covered species. 
The final permit decision will be made no sooner than 30 days from the 
date of this notice, notwithstanding a temporary moratorium on issuing 
permits with ``No Surprises'' assurances.

    Dated: January 9, 1998.
Michael J. Spear,
Regional Director, Region 1, Portland, Oregon.
[FR Doc. 98-1333 Filed 1-20-98; 8:45 am]
BILLING CODE 4310-55-P