[Federal Register: January 21, 1998 (Volume 63, Number 13)] [Notices] [Page 3152-3153] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr21ja98-99] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Availability of an Environmental Assessment and Receipt of an Application for an Endangered Species Act Incidental Take Permit for the U.S. Borax Project in Kern County, CA AGENCY: Fish and Wildlife Service. ACTION: Notice of availability. ----------------------------------------------------------------------- SUMMARY: U.S. Borax, Incorporated has applied to the Fish and Wildlife Service for a 50-year incidental take permit pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). In the 1,940-acre project area near the town of Boron, Kern County, California, the Service proposes to issue an incidental take permit and provide assurances to the applicant for the threatened desert tortoise (Gopherus agassizii) and the following Federal species of concern: Mojave ground squirrel (Spermophilus mohavensis), American badger (Taxidea taxus), Le Conte's thrasher (Toxostoma lecontei), loggerhead shrike (Lanius ludovicianus), burrowing owl (Athene cunicularia), desert kit fox (Vulpes acrotis arsipus), greenest tiger beetle (Cicindela tranquebarica viridissima), Mojave spineflower (Chorizanthe spinosa), and sagebrush loeflingia (Loeflingia squarrosa var. artemisiarum). The proposed permit would be effective upon issuance for species currently listed under the Act. The permit would become effective for unlisted species included in the permit upon their listing under the Act. This notice opens the comment period on the Environmental Assessment and permit application package, which includes a Habitat Conservation Plan and Implementation Agreement. The Service specifically requests comment on the appropriateness of the ``No Surprises'' assurances contained in section V.C.1 of the Implementation Agreement. All comments received, including names and addresses, will become part of the administrative record and may be made available to the public. [[Page 3153]] DATES: Written comments on the Habitat Conservation Plan, Environmental Assessment, and Implementation Agreement should be received on or before February 20, 1998. 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: Kirk Waln, 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 by telephone at (805) 644-1766. Documents will also be available for public inspection, by appointment, during normal business hours at the above address. Background Information U.S. Borax proposes to enlarge its open pit borate mining operation and expand its overburden disposal piles near the town of Boron in Kern County, California. This site is known to support a population of the threatened desert tortoise and may support populations of Mojave ground squirrel, American badger, Le Conte's thrasher, loggerhead shrike, burrowing owl, desert kit fox, greenest tiger beetle, Mojave spineflower, and sagebrush loeflingia, all Federal species of concern. Federally listed, threatened, and endangered species are protected pursuant to section 9 of the Act against take; that is, no one may harass, harm, pursue, hunt, shoot, wound, kill, trap, capture or collect the species, or attempt to engage in such conduct (16 U.S.C. 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 and threatened species are at 50 CFR 17.22 and 17.32. Although no incidental take authorization is required for listed plant species, impacts to these species must be addressed in the intra- Service consultation required pursuant to section 7(a) of the Act. The Environmental Assessment considers the environmental consequences of four alternatives: the proposed action, no action, use of existing overburden pile areas, and backfilling. The no action alternative was found to be economically infeasible because U.S. Borax would be required to cease operations before the existing borate ore body was fully removed. The use of existing overburden pile areas was found infeasible because it would result in overburden piles approximately 1,200 feet in elevation above the surrounding landscape and be wholly incompatible with the existing landscape. The backfilling alternative was found infeasible because mineable calcium borate ores underlie the sodium borate ores that are the current focus of mining operations. At this time it is not economically feasible to mine calcium borate ores; however, backfilling of the pit would prevent their later use should economic conditions change. The no action, use of existing overburden pile areas, and backfilling alternatives would result in the loss of significantly less habitat than the preferred alternative. However, none of the mitigation measures under the proposed alternative would occur, including protecting and providing a management endowment for approximately 2,274 acres of high quality creosote bush scrub habitat. The proposed action would result in the loss of 1,525 acres of disturbed creosote bush scrub habitat and 415 acres of land heavily degraded by past mining activities. This action could directly and indirectly affect the species described above. The Service proposes to issue an incidental take permit to the applicant for the incidental take of desert tortoises, and for the incidental take of other covered species should such authorization be necessary (i.e., should unlisted covered species be listed as threatened or endangered in the future, or should take authorization for plants become necessary). In addition, the applicant seeks Federal assurances that no additional land restrictions or financial compensation would be required for species adequately covered by the Habitat Conservation Plan. To accomplish this, all species covered in the Plan would be included in the incidental take permit on the condition that all permit issuance criteria are met and that the provisions of the Plan and Implementation Agreement are executed. The proposed Federal action would authorize the incidental take of all desert tortoises within the project area. The Service anticipates that all Mojave ground squirrels, American badgers, burrowing owls, Le Conte's thrashers, loggerhead shrikes, greenest tiger beetles, and all individual Mojave spineflowers and sagebrush loeflingias would be removed or displaced from the project area through implementation of this action. Because habitat loss associated with this action would occur in small increments over many years, individual Mojave ground squirrels, American badgers, burrowing owls, Le Conte's thrashers, and loggerhead shrikes may avoid injury or death by moving to appropriate habitats off-site. To minimize the effects of the proposed project, the proponent would undertake the following measures: An education program would be presented to all personnel working in the project area; preconstruction surveys by qualified biologists would be conducted and listed species removed from harm's way; a berm would be built to prevent desert tortoises from re-entering the area; vehicular traffic would be restricted to designated routes and a 25-mile-per-hour speed limit enforced; trash would be contained; and no firearms or pets would be permitted on site. To mitigate the effects of the proposed project, the applicant proposes habitat reclamation and compensation. Following completion of mining, the applicant would reclaim the overburden piles through appropriate grading and revegetation. To mitigate for remaining adverse effects, the proponent would protect approximately 2,274 acres of high quality creosote bush scrub habitat and provide a management endowment for that habitat. This notice is provided pursuant to section 10(c) of the Endangered Species Act and the regulations of 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 the National Environmental Policy Act and section 10(a)(1)(B) of the Endangered Species Act. If the Service determines that the requirements are met, a permit will be issued for the incidental take of the covered species. The final permit decision will be made no sooner than 30 days from the date of this notice, notwithstanding a temporary moratorium on issuing permits with ``No Surprises'' assurances. Dated: January 9, 1998. Michael J. Spear, Regional Director, Region 1, Portland, Oregon. [FR Doc. 98-1333 Filed 1-20-98; 8:45 am] BILLING CODE 4310-55-P