[Federal Register Volume 63, Number 239 (Monday, December 14, 1998)]
[Notices]
[Pages 68785-68787]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-33033]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Availability of a Habitat Conservation Plan and Receipt of an 
Application for an Incidental Take Permit for the Zanker Material 
Processing Facility, Santa Clara County, California

AGENCY: Fish and Wildlife Service, Interior

ACTION: Notice of availability and receipt of application.

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SUMMARY: Zanker Road Resource Management, Ltd. has applied to the Fish 
and Wildlife Service for an incidental take permit pursuant to section 
10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). 
The Service proposes to issue a 3-year permit to Zanker Road Resource 
Management, Ltd. that would authorize take of the endangered salt marsh 
harvest mouse (Reithrodontomys raviventris) incidental to otherwise 
lawful activities. Such take would occur during reconstruction of an 
existing unengineered levee system surrounding a landfill site in Santa 
Clara County, California. Reconstruction of the levees will result in 
the temporary loss of approximately 0.83 acres of grassland habitat 
used by the salt marsh harvest mouse.
    We request comments from the public on the permit application, 
which is available for review. The application includes a Habitat 
Conservation Plan (Plan). The Plan describes the proposed project and 
the measures that Zanker Road Resource Management, Ltd. would undertake 
to minimize and mitigate project impacts to the salt marsh harvest 
mouse.
    We also request comments on our preliminary determination that the 
Plan qualifies as a ``low-effect'' Habitat Conservation Plan, eligible 
for a categorical exclusion under the National Environmental Policy 
Act. The basis for this determination is discussed in an Environmental 
Action Statement, which is also available for public review.

DATES: Written comments should be received on or before January 13, 
1999.

ADDRESSES: Send written comments to Mr. Wayne White, Field Supervisor, 
Fish and Wildlife Service, 3310 El Camino Avenue, Suite 130, 
Sacramento, California 95821-6340. Comments may be sent by facsimile to 
916-979-2744.

FOR FURTHER INFORMATION CONTACT: Ms. Lori Rinek or Mr. William Lehman, 
Fish and Wildlife Biologists, at the above address or call (916) 979-
2129.

SUPPLEMENTARY INFORMATION:

Document Availability

    Please contact the above office if you would like copies of the 
application, Plan, and Environmental Action Statement. Documents also 
will be available for review by appointment, during normal business 
hours at the above address.

Background

    Section 9 of the Endangered Species Act and Federal regulation 
prohibit the ``take'' of fish or wildlife species listed as endangered 
or threatened,

[[Page 68786]]

respectively. Take of listed fish or wildlife is defined under the Act 
to include kill, harm, or harass. The Service may, under limited 
circumstances, issue permits to authorize incidental take; i.e., take 
that is incidental to, and not the purpose of, the carrying out of an 
otherwise lawful activity. Regulations governing incidental take 
permits for threatened and endangered species are found in 50 CFR 17.32 
and 17.22, respectively.
    Zanker Road Resource Management, Ltd. operates the 46-acre Zanker 
Material Processing Facility as a landfill for non-hazardous solid 
waste. The Regional Water Quality Control Board is requiring the 
replacement of the existing unengineered levees surrounding the site to 
provide protection during a 100-year flood event and tidal inundation. 
The site has been used since the 1950's for disposal of manufacturing 
waste from Owens Corning's local manufacturing operations. 
Approximately 28 acres in the northern portion of the parcel have been 
filled with solid waste, such as fiberglass, wood, construction debris, 
and paper. Unengineered levees (uncompacted levees installed without 
engineering design or oversight) and a low berm exist on the north, 
west, and southwest perimeters of the existing fill area. The eastern 
side of the site is bordered by a 10-foot high engineered (i.e., 
compacted) levee owned by the San Jose/Santa Clara Water Pollution 
Control Plant. The project site is located at the southern end of San 
Francisco Bay on Los Esteros Road in the Alviso district of San Jose. 
The land uses adjacent to the site include the San Francisco Bay 
National Wildlife Refuge to the north; the old Nine Par disposal site 
to the east; the San Jose/Santa Clara Water Pollution Control Plant, 
agricultural open space and offices to the south; and privately held 
marshland and residential portions of Alviso to the west.
    In 1990, biologists surveyed the proposed project area for special-
status wildlife and plant species that could be affected by the 
project. Based upon the surveys, the Service concluded that one 
federally listed species, the endangered salt marsh harvest mouse, has 
the potential to be impacted by the proposed project.
    Zanker Road Resource Management, Ltd. has agreed to implement the 
following measures to minimize and mitigate impacts that may result 
from incidental take of the salt marsh harvest mouse: (1) implement a 
wetland mitigation plan (including the installation of a silt fence) 
using Best Management Practices to prevent sedimentation from entering 
adjacent wetlands; (2) ensure that a qualified biologist is present to 
monitor and oversee technical issues relative to compliance with the 
minimization, mitigation, and conservation measures for the project; 
(3) ensure that the reconstructed levees are topped with a 12-inch 
layer of clean earthfill, revegetated with a native grass seed mix, and 
that the levee slopes are planted with coyote bush; (4) ensure that a 
revegetation remediation plan intended to restore salt marsh harvest 
mouse habitat along the impacted levees is implemented following levee 
reconstruction, and succeeds within the 3-year life of the permit; and 
(5) ensure construction personnel receive worker awareness training.
    The Proposed Action consists of the issuance of an incidental take 
permit and implementation of the Plan, which includes measures to 
minimize and mitigate impacts of the project on the salt marsh harvest 
mouse. An alternative to the taking of listed species under the 
Proposed Action is considered in the Plan. Under the No Action 
Alternative, no permit would be issued. However, taking no action to 
reconstruct the levees is not an acceptable alternative since the 
Regional Water Quality Control Board is requiring the reconstruction of 
the existing unengineered levees. Although two other options associated 
with operation of the landfill and levee reconstruction are discussed 
in the Plan, they were not considered as alternatives because each of 
these would result in the same level of levee reconstruction and take 
as the Proposed Action.
    The Service has made a preliminary determination that the Zanker 
Road Resource Management, Ltd. Habitat Conservation Plan qualifies as a 
``low-effect'' plan as defined by its Habitat Conservation Planning 
Handbook (November 1996). Determination of low-effect HCPs is based on 
the following three criteria: (1) implementation of the Plan would 
result in minor or negligible effects on federally listed, proposed, 
and candidate species and their habitats; (2) implementation of the 
Plan would result in minor or negligible effects on other environmental 
values or resources; and (3) impacts of the Plan, considered together 
with the impacts of other past, present and reasonably foreseeable 
similarly situated projects would not result, over time, in cumulative 
effects to environmental values or resources which would be considered 
significant. As more fully explained in the Service's Environmental 
Action Statement, the Zanker Road Resource Management, Ltd. Plan 
qualifies as a ``low-effect'' plan for the following reasons:
    1. Approval of the Plan would result in minor or negligible effects 
on the salt marsh harvest mouse and its habitat. The Service does not 
anticipate significant direct or cumulative effects to the salt marsh 
harvest mouse resulting from reconstruction of the existing 
unengineered levee system surrounding the project site.
    2. Approval of the Plan would not have adverse effects on unique 
geographic, historic or cultural sites, or involve unique or unknown 
environmental risks.
    3. Approval of the Plan would not result in any cumulative or 
growth inducing impacts and, therefore, would not result in significant 
adverse effects on public health or safety.
    4. The project does not require compliance with Executive Order 
11988 (Floodplain Management), Executive Order 11990 (Protection of 
Wetlands), or the Fish and Wildlife Coordination Act, nor does it 
threaten to violate a Federal, State, local or tribal law or 
requirement imposed for the protection of the environment.
    5. Approval of the Plan would not establish a precedent for future 
action or represent a decision in principle about future actions with 
potentially significant environmental effects.
    The Service therefore has preliminarily determined that approval of 
the Plan qualifies as a categorical exclusion under the National 
Environmental Policy Act, as provided by the Department of the Interior 
Manual (516 DM 2, Appendix 1 and 516 DM 6, Appendix 1). Based upon this 
preliminary determination, we do not intend to prepare further National 
Environmental Policy Act documentation. The Service will consider 
public comments in making its final determination on whether to prepare 
such additional documentation.
    The Service provides this notice pursuant to section 10(c) of the 
Endangered Species Act. We will evaluate the permit application, the 
Plan, and comments submitted thereon to determine whether the 
application meets the requirements of section 10 (a) of the Act. If the 
requirements are met, the Service will issue a permit to Zanker Road 
Resource Management, Ltd. for the incidental take of the salt marsh 
harvest mouse during the reconstruction of the existing unengineered 
levee system surrounding the project site. We will make the final 
permit decision no sooner than 30 days from the date of this notice.


[[Page 68787]]


    Dated: December 4, 1998.
Elizabeth H. Stevens,
Manager, California/Nevada Operations Office, Sacramento, California.
[FR Doc. 98-33033 Filed 12-11-98; 8:45 am]
BILLING CODE 4310-55-P