[Federal Register: September 25, 2006 (Volume 71, Number 185)]
[Notices]
[Page 55800-55801]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25se06-36]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Proposed Low-Effect Habitat Conservation Plan for the Offices at
Parkshore, Folsom, Sacramento County, CA
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability and receipt of an application.
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SUMMARY: Mark III Engineering Contractors of Sacramento, California
(the Applicant), has applied to the Fish and Wildlife Service (Service)
for a 5-year incidental take permit for one covered species pursuant to
section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended
(Act). The application addresses the potential for ``take'' of the
threatened valley elderberry longhorn beetle (Desmocerus californicus
dimorphus) associated with grading a 6.48-acre project site and
construction of the Offices at Parkshore, a 9-building office complex
off Parkshore Drive in the Lake Forest Technical Center, Folsom,
Sacramento County, California. The Applicant would implement a
conservation program to minimize and mitigate for the project
activities, as described in the Low-Effect Habitat Conservation Plan
for the Offices at Parkshore (Plan).
We request comments on the permit application and Plan, and on the
Service's preliminary determination that the Plan qualifies as a ``low-
effect'' habitat conservation plan, eligible for a Categorical
Exclusion under the National Environmental Policy Act of 1969, as
amended (NEPA). The basis for the Categorical Exclusion determination
is discussed in the Service's Environmental Action Statement (EAS),
which is also available for public review.
DATES: Written comments should be received on or before October 25,
2006.
ADDRESSES: Please address written comments to Lori Rinek, Chief,
Conservation Planning and Recovery Division, Fish and Wildlife Service,
Sacramento Fish and Wildlife Office, 2800 Cottage Way, Room W-2605,
Sacramento, California 95825. Written comments may be sent by facsimile
to (916) 414-6713.
FOR FURTHER INFORMATION CONTACT: Holly Herod, Chief, Sacramento Valley
Branch, or Nina Bicknese, Senior Biologist, at the Sacramento Fish and
Wildlife Office; telephone: (916) 414-6600.
SUPPLEMENTARY INFORMATION:
Availability of Documents
Copies of the permit application, Plan, and EAS can be obtained
from the individuals named above (see FOR FURTHER INFORMATION CONTACT).
Copies of these documents are available for public inspection, by
appointment, during regular business hours, at the Sacramento Fish and
Wildlife Office (see ADDRESSES).
Background Information
Section 9 of the Act and its implementing Federal regulations
prohibit the ``take'' of fish or wildlife species listed as endangered
or threatened. Take is defined under the Act to include the following
activities: To harass, harm, pursue, hunt, shoot, wound, kill, trap,
capture or collect listed animal species, or to attempt to engage in
such conduct. However, under section 10(a)(1)(B) of the Act, the
Service may issue permits to authorize incidental take of listed
species. ``Incidental take'' is defined by the Act as take that is
incidental to, and not the purpose of, carrying out an otherwise lawful
activity. Regulations governing incidental take permits for endangered
and threatened species, respectively, are found in the Code of Federal
Regulations at 50 CFR 17.22 and 50 CFR 17.32.
The Applicant is seeking a permit for take of one federally listed
species, the threatened valley elderberry longhorn beetle, (Desmocerus
californicus dimorphus), which is referred to as the ``covered
species'' in the Plan. The Applicant would receive ``No Surprises''
assurances for this species under the Service's ``No Surprises''
regulations (50 CFR 17.22(b)(5) and 17.32(b)(5)). No other species are
included in the Plan.
The Applicant proposes to construct eight one-story office
buildings and a single two-story office building, which would
collectively provide 74,435 square feet of new office space. Site
improvements would include two vehicular driveways, a 377-space asphalt
parking lot, sidewalks, pedestrian walkways, underground utilities, and
landscaping. The 6.48-acre project site is the last undeveloped portion
of an established office park. The project site supports degraded
remnants of scrub and oak woodland vegetation, including habitat (e.g.,
elderberry shrubs) for the beetle. Elderberry plants are present in
three locations in the project site. Thirty-nine of these elderberry
plants exhibit stems with basal diameters equal to or greater than one
inch, which is a sufficient size to be habitat for the beetle. An
inventory identified a single beetle exit-hole, indicating that the
species is likely present in the project site. Resident elderberry
plants would be permanently removed from the project site to
accommodate the proposed project.
The Applicant proposes to avoid and minimize take and associated
adverse project impacts to the beetle by fully implementing their Plan.
The Applicant will mitigate the impacts of taking the beetle by
transplanting the 39 elderberry shrubs from the project site to a
Service-approved conservation bank, and by purchasing 11 habitat
credits for the beetle at the same conservation bank. Each habitat
credit includes an established ratio of elderberry seedlings
[[Page 55801]]
and native riparian plant seedlings. Transplanting outside of the
dormant period for elderberry shrubs, November 16 to February 15, would
increase the likelihood of adult beetles and larvae being killed or
injured. Therefore, the Applicant has agreed to purchase 12 additional
habitat credits from the conservation bank (i.e., a total of 23
credits) if the elderberry shrubs are transplanted during the active
growing season. The Applicant's Plan also describes measures and
funding sources that ensure the elements of the Plan would be
implemented in a timely manner, actions to be taken if unforeseen
events occur, and other required elements.
The Service's proposed action consists of approving the Applicant's
Plan and issuance of an incidental take permit for the Applicant's
project. As required by the Act, the Applicant's Plan also considered
alternatives to the take considered under the proposed action. Under
the No Action Alternative, no permit would be issued, the office
buildings and parking lot would not be built, and no take would occur.
Under the Reduced Take Alternative, the office buildings and parking
lot would be built, but the size and scope would be reduced. This
alternative would allow some elderberry shrubs to remain on the project
site with fewer elderberry shrubs transplanted to the Service-approved
conservation bank, thus reducing take below the level anticipated for
the proposed action.
National Environmental Policy Act
As discussed in the EAS, the Service has made a preliminary
determination that approval of the proposed Plan and issuance of the
permit would qualify as a Categorical Exclusion under NEPA, as provided
by Federal regulations (40 CFR 1500.5(k), 1507.3(b)(2), 1508.4) and the
Department of Interior Manual (516 DM 2 and 516 DM8). The EAS found
that the proposed Plan qualifies as a ``low-effect'' habitat
conservation plan, as defined by the Service's Habitat Conservation
Planning Handbook (November 1996). Determination of low-effect habitat-
conservation plans is based on the following 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; (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. Based upon
the preliminary determinations in the EAS, the Service does not intend
to prepare further NEPA documentation. The Service will consider public
comments when making the final determination on whether to prepare an
additional NEPA document on the proposed action.
Public Review
The Service provides this notice pursuant to section 10(c) of the
Act and the NEPA public-involvement regulations (40 CFR 1500.1(b),
1500.2(d), and 1506.6). The Service will evaluate the permit
application, including 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 Mark III Engineering Contractors for the incidental take of
the beetle during construction of the Offices at Parkshore. The Service
will make the final permit decision no sooner than 30 days from the
date of this notice.
Dated: September 19, 2006.
David L. Harlow,
Acting Field Supervisor, Sacramento Fish and Wildlife Office,
Sacramento, California.
[FR Doc. 06-8161 Filed 9-22-06; 8:45 am]
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