[Federal Register Volume 64, Number 21 (Tuesday, February 2, 1999)]
[Notices]
[Pages 5067-5068]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-2376]
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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 La Rue Housing/Bowley
Center Projects, Yolo County, California
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of Availability and Receipt of Application.
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SUMMARY: This notice advises the public that the University of
California, Davis (University), has applied to the Fish and Wildlife
Service (Service) for an incidental take permit pursuant to section
10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act).
The proposed permit would authorize the incidental take of the valley
elderberry longhorn beetle (Desmocerus californicus dimorphus),
federally listed as threatened, and modification of its habitat during
construction of a new student housing facility and a greenhouse/
education facility on the University campus in Yolo County, California.
The permit would be in effect for 10 years.
The Service announces the receipt of the University's incidental
take permit application which includes the proposed ``Low-Effect
Habitat Conservation Plan for the Valley Elderberry Longhorn Beetle at
the La Rue Student Housing and Bowley Center Projects, University of
California, Davis.'' The proposed habitat conservation plan (Plan) is
available for public comment. The Plan fully describes the proposed
project and the measures the University would undertake to minimize and
mitigate project impacts to the valley elderberry longhorn beetle. The
Service has made a preliminary determination that the University's Plan
qualifies as a ``low-effect'' habitat conservation plan eligible for
categorical exclusion under the National Environmental Policy Act. We
explain the basis for this determination in an Environmental Action
Statement, which is also available for public review. This notice is
provided pursuant to section 10(c) of the Act.
DATES: Written comments on the permit application and Plan should be
received on or before March 4, 1999.
ADDRESSES: Comments regarding the permit application or the Plan should
be addressed to Wayne White, Field Supervisor, Fish and Wildlife
Service, Sacramento Fish and Wildlife Office, 3310 El Camino Avenue,
Suite 130, Sacramento, California 95821-6340. Comments may be sent by
facsimile to (916) 979-2744.
FOR FURTHER INFORMATION CONTACT: Mr. Brian Twedt or Mr. William Lehman,
Fish and Wildlife Biologists, Sacramento Fish and Wildlife Office;
telephone (916) 979-2129.
SUPPLEMENTARY INFORMATION:
Document Availability
Individuals wishing copies of the Plan and associated documents for
review should immediately contact the above office. Documents also will
be available for public inspection, by appointment, during normal
business hours at the above address.
Background
Section 9 of the Act and Federal regulation prohibit the ``take''
of a species listed as endangered or threatened, respectively (take is
defined under the Act, in part, as to kill, harm, or harass a federally
listed species). However, the Service may issue permits to authorize
``incidental take'' (defined by the Act as take that is incidental to,
and not the purpose of, the carrying out of an otherwise lawful
activity) of listed species under limited circumstances. Regulations
governing permits for threatened species are promulgated in 50 CFR
17.32; regulations governing permits for endangered species are
promulgated in 50 CFR 17.22.
The La Rue Student Housing Project would be located in the western
portion of the University's Central Campus and composed of four or more
``neighborhoods.'' Approximately 16 studio, 40 one-bedroom, 64 two-
bedroom, 52 three-bedroom, and 20 four-bedroom units would be divided
among the ``neighborhoods.'' Buildings would range from one to three
stories in height. This project would provide housing for between 550
and 750 students.
The Bowley Center would consist of a Plant Science Teaching Center
and would include laboratories, greenhouses, offices, and a lecture
room. This facility would be located in the western portion of the
Central Campus. It would integrate lecture, greenhouse, field, and dry
lab facilities in a single site, allowing for a more efficient use of
time.
In May, 1997, the proposed project area was surveyed for potential
habitat for rare, threatened, or endangered species and other
biological features that could be affected by the project. Only one
federally listed species, the threatened valley elderberry longhorn
beetle (beetle), has the potential to occur on the project site and to
be directly impacted by the proposed project. The University has agreed
to implement the following measures to minimize and mitigate impacts
that may result from incidental take of the beetle: (1) mitigation and
monitoring of transplanted elderberry shrubs and supplemental plantings
would be conducted according to the Service's Mitigation Guidelines for
the Valley Elderberry Longhorn Beetle, dated September 19, 1996; (2) 14
affected elderberry shrubs would be transplanted to a mitigation site
along Putah Creek on Russel Ranch, on property owned by the University;
(3) 336 additional elderberry cuttings would be planted to compensate
for any adverse impacts to the 14 elderberry shrubs resulting from the
proposed project; and (4) the mitigation area would be managed for the
purpose of long-term protection of valley elderberry longhorn beetle
habitat.
The Service has made a preliminary determination that the
University's Plan qualifies as a ``low-effect'' habitat conservation
plan as defined by the Service's Habitat Conservation Planning Handbook
(November 1996). Low-effect habitat conservation plans are those
involving: (1) minor or negligible effects on federally listed and
candidate species and their habitats; and (2) minor or negligible
effects on other environmental values or resources. The La Rue Housing/
Bowley Center Plan qualifies as a low-effect habitat conservation plan
for the following reasons:
1. Approval of the Plan would result in minor or negligible effects
on the beetle and its habitat. The Plan may, in fact, result in a
beneficial effect to the
[[Page 5068]]
beetle, since the fourteen affected shrubs would be transplanted from a
relatively disturbed area to a protected environment. The Service does
not anticipate significant direct or cumulative effects to the beetle
resulting from construction of the new student housing or greenhouse/
educational facilities.
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.
This notice is provided pursuant to section 10(c) of the Act. The
Service will evaluate the permit application, the Plan, and comments
submitted therein to determine whether the application meets the
requirements of section 10(a) of the Act. If it is determined that
those requirements are met, a permit will be issued for the incidental
take of the valley elderberry longhorn beetle in conjunction with
implementation of the La Rue Student Housing and Bowley Center
projects. The final permit decision will be made no sooner than 30 days
from the date of this notice.
Dated: January 26, 1999.
Elizabeth H. Stevens,
Manager, California/Nevada Operations Office, Fish and Wildlife
Service, Region 1, Sacramento, California.
[FR Doc. 99-2376 Filed 2-1-99; 8:45 am]
BILLING CODE 4310-55-P