[Federal Register Volume 63, Number 26 (Monday, February 9, 1998)]
[Notices]
[Pages 6577-6579]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-3153]


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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 Wilder Sand Quarry 
Project, Santa Cruz County, California

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability.

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SUMMARY: This notice advises the public that Graniterock Company 
(Graniterock) of Watsonville, California, has applied to the Fish and 
Wildlife Service for an incidental take permit pursuant to section 
10(a)(1)(B) the Endangered Species Act of 1973, as amended. The 
proposed 30-year permit would authorize the incidental take of the 
federally listed as threatened California red-legged frog (Rana aurora 
draytonii) during sand mining and reclamation at the Wilder Sand Quarry 
in Santa Cruz County, California.
    This notice announces the availability of the permit application 
and the environmental assessment. The permit application includes the 
habitat conservation plan for the California red-legged frog on the 
Wilder Sand Quarry project and an implementing agreement. The plan 
fully describes the proposed project and the measures Graniterock would 
undertake to minimize and mitigate project impacts to the California 
red-legged frog.
    Comments are specifically requested on the appropriateness of the 
``No Surprises'' assurances contained in this application (section 
12.3.a of the implementing agreement). All comments received, including 
names and addresses, will become part of the administrative record and 
may be made available to the public.

DATES: Written comments should be received on or before March 11, 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: David Pereksta, Fish and Wildlife 
Biologist, at the above address; or 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 telephone. Documents will also be available for 
public inspection, by appointment, during normal business hours at the 
above address.

Background Information

    Graniterock proposes to resume mining and initiate reclamation at 
the Wilder Sand Quarry. The site is known to support populations of the 
California red-legged frog. Graniterock has an existing mining permit 
from the County of Santa Cruz (County) to mine the proposed area, as 
well as an approved reclamation plan. The proposed project consists of 
reclaiming areas where past mining occurred, mining in a new area, and 
final reclamation.
    At Wilder Sand Quarry, Graniterock mines sand from upland areas and 
washes it using well water that has been reclaimed and recirculated 
onsite since 1967. Use Permit 2791-U, issued by the County in May 1967, 
allows Graniterock to: (a) Remove, process, store, transport, and sell 
natural materials, and (b) install and operate machinery for such 
removal, storage, transportation, and sale, including covered belt 
conveyor and rail loading facilities.
    Graniterock possesses a vested right to mine the entire 310 acres 
identified in its use permit. Graniterock's operations also are subject 
to the requirements of the California Surface Mining and Reclamation 
Act (Reclamation Act) and the County mining ordinance, and to permits, 
conditions, and agreements with other relevant agencies.
    In compliance with conditions of the Reclamation Act, Graniterock 
idled operations at its Wilder Sand Quarry prior to June 30, 1990. On 
December 11,

[[Page 6578]]

1996, the County, acting as lead agency for the State of California, 
certified the Wilder Environmental Impact Report, and, as the lead 
agency for the Reclamation Act, approved the Wilder reclamation plan, 
allowing the operation to be reopened. Graniterock now needs only an 
incidental take permit for the California red-legged frog from the 
Service to recommence its operations.
    Graniterock has two project objectives. The first objective is to 
reclaim, to Reclamation Act standards, areas disturbed during the sand 
mining activities conducted from 1967 to 1990. These areas are 
currently planted with erosion control grasses that will be replaced 
with native California grasses. The process will involve a program of 
planting and seasonally controlled goat grazing to achieve a 
predominance of the native California grasses. This process will have 
no impact on the California red-legged frog population. The second 
objective is to mine and process sand, and to a lesser extent clay, 
from the 20-acre site approved for sand mining on December 11, 1996, 
and to revegetate mined areas concurrently in accordance with the 
requirements of the Reclamation Act to minimize areas of disturbed 
uplands.
    Graniterock needs an incidental take permit from the Service 
because listed wildlife species are protected against ``take'' pursuant 
to section 9 of the Endangered Species Act. That is, no one may harass, 
harm, pursue, hunt, shoot, wound, kill, trap, capture or collect listed 
animal species, or attempt to engage in such conduct (16 USC 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 threatened species are at 
50 CFR 17.32.
    The Service proposes to issue a 30-year permit to Graniterock for 
incidental take of California red-legged frogs from mining and 
reclamation activities on approximately 125 acres of the 310-acre 
Wilder Sand Quarry. California red-legged frogs have been found in 10 
of the 13 artificial ponds within the Wilder Sand Quarry project area. 
California red-legged frogs also have been found south of the project 
area in three agricultural ponds and a lagoon.
    Graniterock's habitat conservation plan contains measures to 
minimize and mitigate the impacts of the sand mining and reclamation to 
the California red-legged frog and its habitat and to further the 
conservation of the species. For phase 1 of the proposed project 
(reclamation of previously mined areas), Graniterock will: implement 
all mitigation measures described in the habitat conservation plan for 
the projected future incidental take of the California red-legged frog 
during the initial project stage, concurrent with the reuse of the site 
for sand mining; establish a 10.5-acre habitat compensation area, which 
will have a restricted covenant placed on the title; revise the 
reclamation plan prepared in compliance with the Reclamation Act to 
include characteristics of California red-legged frog habitat in 
revegetation efforts; implement a long-term monitoring program to 
ensure that mitigation measures are successful and to initiate 
remediation measures, if necessary; implement measures to control 
bullfrogs and non-native fish species; implement a worker education 
program; conduct preconstruction surveys in areas scheduled for 
temporary disturbance during reclamation activities; remove excess 
sediment and vegetation from sediment ponds to retain the 
characteristics of California red-legged frog habitat; and prohibit the 
use of chemical weed control in aquatic systems.
    For phase 2 of the proposed project (mining with concurrent and 
final reclamation), Graniterock will: modify the mining plan to 
minimize disturbance of riparian corridors, including removal of an 
existing road, creation of 50-foot-wide buffer zones, and installation 
of fencing to keep California red-legged frogs off the access road; 
remove excess sediment and vegetation from sediment ponds to retain 
characteristics of California red-legged frog habitat; conduct 
preconstruction surveys in areas scheduled for temporary disturbance 
during mining and reclamation operations; prohibit the use of chemical 
weed control in aquatic systems; implement a long-term monitoring 
program to ensure that mitigation measures are successful and initiate 
additional remediation measures, if necessary; retain existing sediment 
ponds after mining is completed as part of Graniterock's wetland 
banking program; and provide the Service with 20 years of onsite 
monitoring of California red-legged frogs by the time that Graniterock 
completes its mandated post-mining reclamation activities.
    The habitat conservation plan and implementing agreement also 
define measures to ensure that the elements of the plan are implemented 
in a timely manner. Funding sources for implementation of the plan, 
actions to be taken should unforeseen events occur, alternatives to the 
proposed project, and other measures required by the Service are also 
discussed. The implementing agreement, reports documenting the presence 
of California red-legged frogs in the project area, and other pertinent 
supporting documents are included as appendices of the plan.

Environmental Assessment

    The environmental assessment considers the consequences of the 
proposed action, a no action alternative, and a mining with camping as 
the end use alternative. A no take alternative was not feasible because 
the widespread distribution of the California red-legged frog on site 
precluded redesigning the project to completely avoid take while 
achieving the mining goals. The proposed action, issuance of an 
incidental take permit, would require Graniterock to implement its 
habitat conservation plan (see Background for a description of the 
proposed action).
    The no action alternative would be implemented if the Service did 
not issue a section 10(a)(1)(B) permit for the proposed project. 
However, if Graniterock does not obtain an incidental take permit, they 
or the County would reclaim the site using bond monies posted by 
Graniterock in accordance with the Reclamation Act. Therefore, this 
alternative also includes the assumption that the site would eventually 
be reclaimed. The end use of the reclaimed site is unknown under this 
alternative. For example, Graniterock may develop a mitigation bank on 
site, or the site could be used as open space that would become part of 
the surrounding Wilder Ranch State Park and would be used for passive 
recreation such as hiking, bicycling, and nature walking.
    Under the mining with camping as end use alternative, mining 
activities would be the same as described for the proposed action; 
however, this alternative would result in camping, rather than open 
space, as an end use of the site. This alternative also would require 
the issuance of an incidental take permit for the California red-legged 
frog. The proposed end use of the Wilder Sand Quarry under this 
alternative includes campgrounds, an environmental educational center, 
and various support facilities. Graniterock would continue its sand 
harvesting operation and campgrounds would be operated concurrently 
with the mining.
    This notice is provided pursuant to section 10 (a)(1)(B) of the 
Endangered Species Act and Service regulations for implementing 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

[[Page 6579]]

meets the requirements of law. If the Service determines that the 
requirements are met, a permit will be issued for the incidental take 
of the listed species. A final decision on permit issuance will be made 
no sooner than 30 days from the date of this notice.

    Dated: January 29, 1998.
Thomas Dwyer,
Acting Regional Director, Region 1, Portland, Oregon.
[FR Doc. 98-3153 Filed 2-6-98; 8:45 am]
BILLING CODE 4310-55-P