[Federal Register Volume 63, Number 101 (Wednesday, May 27, 1998)]
[Notices]
[Pages 29021-29022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-13953]


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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 Quail Hollow Quarry, 
Santa Cruz County, CA

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability.

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SUMMARY: Graniterock Company of Watsonville, California, has applied to 
the Fish and Wildlife Service for an amendment to an incidental take 
permit pursuant to the Endangered Species Act of 1973, as amended 
(Act). The Service proposes to issue an amendment to Graniterock's 
incidental take permit (PRT-830417) for the federally listed endangered 
Mount Hermon June beetle (Polyphylla barbata), Zayante band-winged 
grasshopper (Trimerotropis infantilis), Ben Lomond wallflower (Erysimum 
teretifolium), and Ben Lomond spineflower (Chorizanthe pungens var. 
hartwegiana) in the future mining area at the Quail Hollow Quarry, 
located in Santa Cruz County, California. This notice announces the 
availability of the permit application and the Environmental Assessment 
for public review and comment. The permit application includes the 
Habitat Conservation Plan for the Quail Hollow Quarry and an 
Implementation 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 June 26, 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 (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 Company (Applicant) currently has authorization from 
the County of Santa Cruz to mine sand in areas A, B, and C of the Quail 
Hollow Quarry (known as the current mining area). Mining would be 
conducted in two phases. The Applicant has completed mining in area A 
and presently is mining in areas B and C of the current mining area 
(phase one) where populations of the endangered Mount Hermon June 
beetle, Zayante band-winged grasshopper, Ben Lomond wallflower, and Ben 
Lomond spineflower occur. The Applicant received an incidental take 
permit from the Service for phase one on August 1, 1997. The sand 
source in the current mining area is expected to last for only a few 
years. During phase two, the Applicant intends to expand mining into an 
area known as the future mining area. The Applicant has applied to the 
Service to amend the initial 3-year incidental take permit to a 100-
year permit. For context, the Habitat Conservation Plan covers both the 
current and future mining areas.
    The Applicant needs an incidental take permit from the Service 
because listed wildlife species are protected against ``take'' pursuant 
to section 9 of the 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 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

[[Page 29022]]

governing permits for endangered species are at 50 CFR 17.22.
    Section 9 of the Act generally does not prohibit take of federally 
listed plants on private lands unless the take or action resulting in 
take would violate State law. The Applicants have requested a permit 
for plants to the extent that their take would be a violation of the 
Act. Impacts to listed plants also must be addressed in the intra-
Service consultation required pursuant to section 7(a) of the Act.
    The Service proposes to issue a 100-year permit to the Applicant 
for incidental take of four listed species during phase two of proposed 
mining activities in the future mining area of Quail Hollow Quarry. The 
proposed action would result in the loss of habitat for, and 
individuals of, the Mount Hermon June beetle, Zayante band-winged 
grasshopper, Ben Lomond wallflower, and Ben Lomond spineflower in the 
future mining area as the natural vegetation communities in which they 
are found are removed during mining operations. This action could 
directly and indirectly affect the species described above (the Plan 
Species).
    The proposed action would authorize the incidental take of all 
Mount Hermon June beetles and Zayante band-winged grasshoppers in the 
future mining area on approximately 83 acres of the 220-acre quarry 
site. The future mining area contains approximately 27 acres of 
suitable habitat for these listed wildlife species. In addition, 5 
acres of habitat occupied by the Ben Lomond wallflower and 5.5 acres of 
habitat occupied by the Ben Lomond spineflower would be lost from the 
future mining area.
    The Applicant developed a Habitat Conservation Plan as part of a 
settlement agreement for litigation it had filed seeking a vested right 
to mine the entire quarry. This agreement set out to resolve all of the 
endangered species and habitat protection issues on the property. Under 
this agreement, the Applicant, Santa Cruz County, Sierra Club, 
California Native Plant Society, and the South Ridge Watershed 
Association established the minimum mitigation requirements under which 
continued sand mining in Quail Hollow Quarry would be allowed. The 
agreement is in the form of a stipulation for entry of judgment 
(Stipulation Agreement).
    Consistent with this Stipulation Agreement, the Habitat 
Conservation Plan proposes the following minimization and mitigation 
measures for phase two mining. At the time the Applicant receives 
authorization to commence mining in the future mining area, and prior 
to habitat disturbance within the future mining area, it will: (1) 
grant a conservation easement in perpetuity to Santa Cruz County for 
the 20.6-acre West Ridge Habitat Set Aside and provide for protection 
and long-term management of the area; (2) provide funding for and 
carry-out long-term management of the 32.6-acre South Ridge Habitat Set 
Aside which the County of Santa Cruz is legally entitled and committed 
to purchase at the agreed upon fair market value; (3) implement all 
provisions of the Habitat Conservation Plan in order to avoid 
disturbing Plan Species in all areas of the quarry property except for 
areas within the current and future mining areas, overburden and 
stockpile areas, and existing access road, as shown in Map 2 of the 
Habitat Conservation Plan; (4) provide written agreement to protect in 
perpetuity from any and all disturbance all areas of the project site 
(except for areas within the current and future mining areas, 
overburden and stockpile areas, and existing access road as shown in 
Map 2) containing the Plan Species, State listed species, and County-
defined rare, endangered, or threatened species and sensitive habitats; 
(5) enhance 3 acres of disturbed sand parkland and 5.2 acres of 
disturbed maritime chaparral on the project site in a location 
satisfactory to the County of Santa Cruz, the Service and the 
California Department of Fish and Game; (6) protect and provide long 
term management of the on-site restoration areas, along with the 32.2-
acre North and West Ridge habitat set asides; and (7) revegetate slopes 
within the future mining area with the goal of reestablishing habitat 
for the Plan Species.

Environmental Assessment

    The Environmental Assessment considers the environmental 
consequences of the proposed action and no action alternatives. A no 
take alternative was not feasible due to the widespread distribution of 
the Plan Species on-site. Under the proposed action, the Applicant 
would implement phase two of their Habitat Conservation Plan consistent 
with the Stipulation Agreement (see Background for a description of the 
proposed action).
    Under the no action alternative, the Service would not issue an 
incidental take permit to the Applicant and a Habitat Conservation Plan 
would not be implemented. The Applicant would continue to mine areas B 
and C until the sand supply was exhausted. The Applicant would then 
reclaim all previously disturbed areas of the quarry consistent with 
their reclamation plan as required by the Surface Mining and 
Reclamation Act. The Applicant would be prevented from legally carrying 
out mining in other areas of the quarry due to the presence of listed 
animal species in the area. The no action alternative would negate the 
terms of the Stipulation Agreement and could result in continued and 
lengthy litigation. In the meantime, the absence of the Habitat 
Conservation Plan would effectively preclude the sale of the South 
Ridge property to Santa Cruz County and the establishment of the West 
Ridge conservation easement.
    This notice is provided pursuant to section 10 (a) 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 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: May 19, 1998.
David L. McMullen,
Acting Regional Director, Region 1, Portland, Oregon.
[FR Doc. 98-13953 Filed 5-26-98; 8:45 am]
BILLING CODE 4310-55-P