[Federal Register Volume 63, Number 235 (Tuesday, December 8, 1998)]
[Notices]
[Pages 67699-67700]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32489]



[[Page 67699]]

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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 Kaiser Sand and 
Gravel Company Felton Sand Plant, Santa Cruz County, California

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability

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SUMMARY: Kaiser Sand and Gravel Company of Pleasanton, California, has 
applied to the Fish and Wildlife Service for an incidental take permit 
pursuant to the Endangered Species Act of 1973, as amended. The Service 
proposes to issue an incidental take permit for the federally listed 
endangered Mount Hermon June beetle (Polyphylla barbata) and Zayante 
band-winged grasshopper (Trimerotropis infantilis) at Kaiser's Felton 
Sand Plant located near Felton 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 Felton Sand Plant and an 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 January 7, 
1999.

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

    The Felton Plant has been operating as a sand quarry since 1954, 
pursuant to the California Surface Mining and Reclamation Act and 
related authorization from the County of Santa Cruz. The Plant 
encompasses approximately 232 acres within Santa Cruz County, 
California, immediately north and west of the City of Scotts Valley. 
The sand plant property is generally bounded by Wirth Lane to the 
south, Mt. Hermon Road to the east and north, and undeveloped County 
lands to the west. Approximately 63 percent (approximately 146 acres) 
of the site is actively mined and is comprised of bare slopes, pits, a 
small quarry office and associated mining equipment. A portion of the 
quarry (approximately 37 acres; 17 percent) is currently being 
reclaimed; these completed mining areas are being revegetated with 
native plant species indicative of northern maritime chaparral and 
coast range ponderosa pine forest. The undisturbed portions of the 
quarry (approximately 47 acres; 20 percent) support two major plant 
community types: northern maritime chaparral and coast range ponderosa 
pine forest. The properties to the west, north, and east are 
predominately undeveloped and forested. Single-family residential 
development occurs south and east of the site within the City of Scotts 
Valley.
    Of the 47 acres within the site that are undisturbed, 14 acres are 
scheduled for mining as per the quarry's approved mining plan. Mining 
within this 14-acre area would adversely affect the Zayante band-winged 
grasshopper and Mount Hermon June beetle. Kaiser Sand and Gravel 
Company has applied to the Service for an incidental take permit for 
these two species and has prepared a Habitat Conservation Plan which 
includes measures to minimize and mitigate the impacts of this mining 
on these species.
    Other areas of the quarry support two federally-listed plant 
species, the Ben Lomond wallflower (Erysimum teretifolium) and the Ben 
Lomond spineflower (Chorizanthe pungens var. hartwegiana). These two 
species are not known to occur within the 14-acre mining area and will 
not be adversely affected by mining activities or by this Habitat 
Conservation Plan.
    Kaiser Sand and Gravel Company 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 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 endangered species are at 
50 CFR 17.22.
    The Service proposes to issue an 8-year permit to Kaiser Sand and 
Gravel Company for incidental take of an unquantifiable number of Mount 
Hermon June beetles and Zayante band-winged grasshoppers in the 14-acre 
mining area. The proposed action would result in the loss of habitat 
for, and individuals of, the Mount Hermon June beetle and Zayante band-
winged grasshopper in the 14-acre mining area as the natural vegetation 
communities in which they are found are removed during mining 
operations.
    Kaiser Sand and Gravel Company has developed a Habitat Conservation 
Plan which proposes measures to minimize and mitigate impacts to listed 
species. Under the Plan, the Kaiser Company will: (1) grant 
conservation easements in perpetuity to the County for a 16.2-acre West 
Perimeter Habitat Set Aside Area (an area of undisturbed ponderosa pine 
forest) and a 15.0-acre Revegetation Set Aside Area; (2) provide for 
protection and long-term management of the West Perimeter Habitat and 
Revegetation Set Aside Areas, including maintenance of protective 
perimeter fencing and signs to prevent illegal trespass; (3) avoid 
unnecessary disturbance of listed species in other portions of the 
mine; (4) continue to revegetate completed mining areas with native 
plant species; (5) enhance 2.4 acres of existing revegetation within 
the Revegetation Set Aside Area with the goal of establishing potential 
habitat for the listed species; (6) revegetate 2.1 acres of completed 
slopes and benches within the Revegetation Set Aside Area with the goal 
of establishing potential habitat for the listed species; (7) continue 
to provide funding for and implement long-term management of the 
designated set aside areas; and (8) revise the existing mine 
revegetation plan by adopting a planting mix more conducive to the Plan 
Species to increase the Revegetation Set Aside Area's value as 
potential habitat for the listed species. The Habitat Conservation Plan 
also defines measures to ensure that the elements of the Plan are 
implemented in a timely manner.

Environmental Assessment

    The Environmental Assessment considers the environmental 
consequences of the proposed action and no action alternatives. A 
modified mining plan alternative was also considered to avoid take of 
the Mount Hermon June beetle and Zayante band-winged grasshopper, but 
was deemed unfeasible due to unavoidable impacts to the proposed 14-
acre mining area from reclamation activities for adjacent areas that 
have been previously mined.

[[Page 67700]]

A no take alternative was not feasible due to the widespread 
distribution of potential habitat for the listed species in the 14-acre 
mining area.
    Under the no action alternative, the Service would not issue an 
incidental take permit to the Kaiser Company, the Habitat Conservation 
Plan would not be implemented, and mining expansion would not occur at 
the Felton Sand Plant. The Plant could still operate for the next 10 
years, but only within the confines of the existing mining operation 
areas. Reclamation of previously mined areas would occur pursuant to 
the California Surface Mining and Reclamation Act; however, this 
alternative would not include the permanent habitat protection and 
conservation within the facility provided through the Habitat 
Conservation Plan.
    This notice is provided pursuant to section 10(a) of the 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: November 27, 1998.
Elizabeth H. Stevens,
Acting Manager, California/Nevada Operation Office, Region 1, 
Sacramento, California.
[FR Doc. 98-32489 Filed 12-7-98; 8:45 am]
BILLING CODE 4310-55-P