[Federal Register Volume 63, Number 117 (Thursday, June 18, 1998)]
[Notices]
[Pages 33384-33385]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16267]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service, Interior


Availability of an Environmental Assessment and Receipt of an 
Application for an Incidental Take Permit for the Bonny Doon Quarries, 
Santa Cruz County, CA

AGENCY: Fish and Wildlife Service.

ACTION: Notice of availability.

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SUMMARY: RMC Lonestar of Pleasanton, 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 10-year permit would authorize the incidental take of the 
California red-legged frog (Rana aurora draytonii), federally listed as 
threatened, during operation and maintenance of settlement ponds in the 
Bonny Doon Quarries in Santa Cruz County, California.
    This notice announces the availability of the permit application 
and the environmental assessment for public comment. The permit 
application includes a habitat conservation plan for the Bonny Doon 
Quarries' settlement ponds 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 July 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 also may be sent by 
facsimile to (805) 644-3958.

FOR FURTHER INFORMATION CONTACT: David Pereksta, Fish and Wildlife 
Biologist, at the above address (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

    RMC Lonestar proposes to continue operation and maintenance of five 
of seven settlement ponds and associated culverts and open drains that 
serve active and formerly active operational areas, including both 
quarrying and waste disposal areas, at the Bonny Doon Quarries. The 
site is known to support populations of the California red-legged frog. 
As a component of recent environmental review conducted by the County 
of Santa Cruz (County) for RMC Lonestar's operations and as a condition 
of RMC Lonestar's mining permit, the County now requires regular 
cleaning of an engineered drainage system that includes the five 
settlement ponds and associated culverts and open drains noted above. 
Operational areas are either owned or leased by RMC Lonestar and 
covered by the mining permit. The County may add these maintenance 
requirements to two additional ponds and their associated culverts and 
drains.
    At a minimum, each settlement pond must have adequate capacity to 
hold run-off from a 10-year, 2-hour rainfall event falling in its 
catchment area. To maintain this pond capacity, RMC Lonestar must 
perform general maintenance and remove accumulated sediment each year 
from at least some of the ponds in the late summer or early fall. The 
pond maintenance cannot begin before April 15 and must be completed by 
October 15 to satisfy the County's objectives for the protection of 
water quality.
    RMC Lonestar 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 
found at 50 CFR 17.32.
    The Service proposes to issue a 10-year permit to RMC Lonestar for 
incidental take of California red-legged frogs during operation and 
maintenance of settlement ponds, associated culverts, and open drains 
at the Bonny Doon Quarries. The proposed project would result in the 
loss of California red-legged frogs and their habitat within the 
settlement ponds, associated culverts, and open drains as the natural 
vegetation communities in which they are found and the hydrological 
conditions that provide suitable habitat are removed or altered during 
operation and maintenance activities.
    The proposed action would authorize the incidental take of 
California red-legged frogs within the 5-acre area of the settlement 
ponds serving the 455-acre Bonny Doon Quarries. During 1997, California 
red-legged frogs were found in three of the seven settlement ponds; 
breeding occurred within two of those three. California red-legged 
frogs also were found along Liddell Creek and at RMC Lonestar's 
mitigation ponds along Liddell Creek.
    RMC Lonestar's habitat conservation plan contains the following 
measures to minimize and mitigate impacts to the California red-legged 
frog and its habitat from the operation and maintenance of the 
settlement ponds and to further the conservation of the species: (1) 
training programs to familiarize employees and subcontractors of RMC 
Lonestar with the biology of the species and the protection provided to 
the frog under the Endangered Species Act; (2) a community outreach 
program for distribution to local schools and community associations in 
Davenport and Bonny Doon; (3) annual breeding surveys at all settlement 
ponds and mitigation ponds; (4) pre-maintenance activity surveys for 
California red-legged frogs; (5) avoidance of impacts to or removal 
from harm's way of juvenile or adult California red-legged frogs to the 
greatest extent possible; (6) timing of water releases to minimize 
impacts to breeding populations of California red-legged frogs; (7) the 
use of speed limits, trash control, and predator control as necessary 
to protect California red-legged frogs; (8) minimization of disturbance 
to and enhancement of habitat within Settlement Pond 1, consistent with 
other regulatory objectives; (9) deepening and maintaining the depth of 
the mitigation ponds to provide benefits to the California red-legged 
frog; (10) monitoring of project impacts and success of mitigation 
measures for the term of this habitat conservation plan and for 5 years 
following the term of the permit; and (11) submission of an annual 
report of the activities conducted under this habitat conservation plan 
during the previous year.

Environmental Assessment

    The environmental assessment considers the environmental 
consequences of the proposed action

[[Page 33385]]

and no-action alternatives. The proposed action alternative is issuance 
of the incidental take permit and implementation of the habitat 
conservation plan as submitted by RMC Lonestar. Two other alternatives 
were considered, but were not advanced for detailed analysis because 
they were neither technically nor economically feasible.
    Under the no-action alternative, the Service would not issue an 
incidental take permit to RMC Lonestar and a habitat conservation plan 
would not be implemented. No maintenance activities would be performed 
on the ponds, and the incidental take associated with those activities 
would be avoided. Therefore, no permit would be needed. This 
alternative is not being used because RMC Lonestar is under a legal 
obligation to carry out these maintenance activities by the County and 
the Regional Water Quality Control Board. These objectives are in place 
to protect water quality in the streams below the quarry areas. If the 
ponds were allowed to fill with sediment, the protection to water 
quality provided by the ponds would be lost and increased sedimentation 
of downstream areas would result. California red-legged frogs 
inhabiting downstream habitat would likely be adversely affected. For 
these reasons, this alternative was rejected.
    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 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: June 11, 1998.
David L. McMullen,
Acting Regional Director, Region 1, Portland, Oregon.
[FR Doc. 98-16267 Filed 6-17-98; 8:45 am]
BILLING CODE 4310-55-P