[Federal Register Volume 66, Number 74 (Tuesday, April 17, 2001)]
[Notices]
[Pages 19791-19792]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-9518]


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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 El Sobrante Landfill 
Expansion Project in an Unincorporated Area of Riverside County, 
California.

AGENCY: Fish and Wildlife Service.

ACTION: Notice of Availability and Receipt of Application.

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SUMMARY: USA Waste (Applicant) has applied to the Fish and Wildlife 
Service for an incidental take permit (ITP) pursuant to section 
10(a)(1)(B) of the Endangered Species Act of 1973, as amended. The 
Service proposes to issue an 80-year permit to the Applicant that would 
authorize take of the coastal California gnatcatcher (Polioptila 
californica californica), Stephens' Kangaroo Rat (Dipodomys stephensi), 
and 27 additional unlisted species incidental to otherwise lawful 
activities. Such take would occur during the construction of new phases 
of the El Sobrante Landfill, including landfill excavation and site 
preparation, operations, facilities, maintenance activities, fire 
management, and post-closure landfill activities. Project construction 
would be performed by the Applicant during the phased expansion and 30-
year post-closure period of the landfill. This project would 
temporarily remove 450 acres of occupied Riversidean sage scrub habitat 
for the coastal California gnatcatcher and other sage scrub dependent 
covered species, and permanently remove 41 acres of occupied grassland 
habitat for the Stephens' kangaroo rat and other grassland dependent 
covered species. In addition, 3 acres of juniper woodland scrub would 
be permanently removed, and 5 acres of riparian habitat would be 
temporarily impacted.
    We request comments from the public on the permit application and 
Environmental Assessment, which are available for review. The permit 
application includes the proposed Habitat Conservation Plan (HCP) and 
an accompanying Implementing Agreement (legal contract). The HCP 
describes the proposed project and the measures that the Applicant 
would undertake to minimize and mitigate take of the covered species.
    This notice is provided pursuant to section 10(a) of the Endangered 
Species Act and National Environmental Policy Act regulations (40 CFR 
1506.6). All comments received, including names and addresses, will 
become part of the official administrative record and may be made 
available to the public.

DATES: Written comments should be received on or before June 18, 2001.

ADDRESSES: Written comments should be addressed to Mr. Jim Bartel, 
Assistant Field Supervisor, Fish and Wildlife Service, 2730 Loker 
Avenue West, Carlsbad, California 92008. Comments may also be sent by 
facsimile to (760) 930-0846.

FOR FURTHER INFORMATION CONTACT: Daniel Brown, Fish and Wildlife 
Biologist, at the above address or call (760) 431-9440.

SUPPLEMENTARY INFORMATION:

Availability of Documents

    You may obtain copies of these documents for review by contacting 
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 Endangered Species Act and Federal regulation 
prohibit the ``take'' of fish or wildlife species listed as endangered 
or threatened, 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 ITPs for 
threatened and endangered species are found in 50 CFR 17.32 and 17.22, 
respectively.
    The Applicant has proposed an expansion of an existing landfill in 
an unincorporated area of western Riverside County, California. Land 
uses in the area surrounding the project site include a clay mine, a 
green-waste recycling facility, the Lake Mathews-Estelle Mountain Core 
Reserve, and undeveloped Riversidean sage scrub habitat in private 
holdings.
    Biologists surveyed the project sites for special-status plants and 
wildlife in 1992, 1993, 1997, 1999, and 2000. Based on these surveys 
and previous knowledge of the area, the Service concluded that the 
project may result in the take of two federally listed species, the 
endangered Stephens' kangaroo rat and threatened coastal California 
gnatcatcher.
    The Applicants propose to implement the following measures to 
minimize and mitigate take of the Stephens' kangaroo rat: (1) Conserve 
and provide for perpetual management of occupied grassland habitat 
within the Undisturbed Open Space and movement corridors across 
restored Riversidean sage scrub habitat; (2) locate staging areas 
outside of Undisturbed Open Space; (3) restore Riversidean sage scrub 
habitat to accommodate suitable burrow and forage sites; (4) maintain 
restored Riversidean sage scrub areas in such a manner as to avoid 
direct harm to individuals; (5) manage conserved habitat to control the 
spread of non-native weeds; (6) direct lighting in the active portions 
of the landfill away from natural areas; (7) limit activities in 
conserved habitat to those identified in the HCP; (8) and control 
access to deter poaching, off-road vehicle use, and other activities by 
trespassers.
    The Applicants propose to implement the following measures to 
minimize and mitigate take of the coastal California gnatcatcher: (1) 
no direct harm to nesting birds, nests, eggs, and young would be 
permitted; (2) impacts and restoration would be phased so that there 
would always be a minimum of approximately 700 acres of Riversidean 
sage scrub habitat in the Plan Area; (3) the mix of plant types in the 
restored Riversidean sage scrub would be based on reference sites in 
the Plan Area; (4) the Undisturbed Open Space would provide a source 
population for the restored habitat; (5) restored habitat would be 
monitored for presence of the

[[Page 19792]]

species, and contingency measures would be implemented if the species 
is not found in restored Riversidean sage scrub habitat; and (6) all 
restored and existing habitat in the Plan Area would be managed for the 
benefit of this species. The species will benefit from the connectivity 
with the existing Lake Mathews-Estelle Mountain Core Reserve. Based on 
previous efforts to restore Riversidean sage scrub habitat in the 
region, the species is expected to re-colonize the restored habitat.
    The HCP and the Environmental Assessment consider four alternatives 
to the Proposed Action: (1) The Reduced Capacity alternative, (2) the 
Conserved Final Phase alternative, (3) the Offsite Mitigation 
alternative, and (4) the No Action alternative.
    The Reduced Capacity alternative would also require approval of a 
HCP and the issuance of an ITP. This alternative would eliminate 
impacts to habitat and species on 115 acres associated with Phase XV of 
the landfill expansion. The excluded lands would not be covered by the 
ITP and would not be covered or managed by the HCP. Otherwise, the 
conservation measures are essentially the same as those under the 
Proposed Action.
    The Conserved Final Phase alternative would also require approval 
of a HCP and the issuance of an ITP. This alternative would provide 
conservation and management of undisturbed habitat and species on 115 
acres and eliminate Phase XV of the landfill expansion. More existing 
habitat would be conserved under this alternative than under the 
Proposed Action.
    The Offsite Mitigation alternative would also require approval of a 
HCP and the issuance of an ITP. This alternative would provide 
conservation and management of undisturbed habitat and species at a 
location approved by the Fish and Wildlife Service within western 
Riverside County. No restoration of Riversidean sage scrub would be 
provided under this alternative.
    Under the No Action Alternative, the Fish and Wildlife Service 
would not issue a permit, the existing conditions would continue, 
listed and unlisted species would remain or become protected under the 
Endangered Species Act or California Fish and Game Code, unlisted 
species would be indirectly protected where they occur in habitat 
occupied by listed species or subject to wetland regulations, and 
another disposal site would be needed to accommodate the region's 
municipal solid waste. All four alternatives would result in less 
conserved habitat managed for the covered species than mitigation 
proposed under the Proposed Action.
    This notice is provided pursuant to section 10(a) of the Endangered 
Species Act and the National Environmental Policy Act of 1969 
regulations (40 CFR 1506.6). We will evaluate the application, 
associated documents, and comments submitted thereon to determine 
whether the application meets the requirements of the National 
Environmental Policy Act regulations and section 10(a) of the 
Endangered Species Act. If we determine that those requirements are 
met, then we will issue a permit to the Applicants for the incidental 
take of the Stephens' kangaroo rat, coastal California gnatcatcher, and 
27 unlisted species if those species were to become listed during the 
life of the permit. Our final permit decision will be made no sooner 
than 60 days from the date of this notice.

Mary Ellen Mueller,
Deputy Manager, California/Nevada Operations Office, Fish and Wildlife 
Service, Sacramento, California
[FR Doc. 01-9518 Filed 4-16-01; 8:45 am]
BILLING CODE 4310-55-P