[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]
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