[Federal Register: September 3, 1999 (Volume 64, Number 171)] [Notices] [Page 48412-48413] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr03se99-98] ======================================================================= ----------------------------------------------------------------------- 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 Arnaudo Brothers, Wathen-Castanos, Kaufman and Broad Development Sites in Merced County, California AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of availability and receipt of application. ----------------------------------------------------------------------- SUMMARY: The partnership of Arnaudo Brothers and the public corporations of Wathen-Castanos and Kaufman and Broad (collectively, the Applicants) have 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. The Service proposes to issue a 5-year permit to the Applicants that would authorize take of the San Joaquin kit fox (Vulpes macrotis mutica) (kit fox) incidental to otherwise lawful activities. Such take would occur during the development of 170 acres of nonnative grassland and dry-farmed fields for residential and other uses. This project would permanently eliminate 170 acres of suitable habitat for the kit fox. We request comments from the public on the permit application, and an Environmental Assessment, which are available for review. The permit application includes the proposed Habitat Conservation Plan (Plan) and an accompanying Implementing Agreement. The Plan describes the proposed project and the measures that the Applicant would undertake to minimize and mitigate take of the kit fox. 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 October 4, 1999. ADDRESSES: Written comments should be addressed to Mr. Wayne White, Field Supervisor, Fish and Wildlife Service, 2800 Cottage Way, W-2605, Sacramento, California 95825. Comments may be sent by facsimile to (916) 414-6710. FOR FURTHER INFORMATION CONTACT: Ms. Ann Chrisney, Fish and Wildlife Biologist, at the above address or call (916) 414-6600. 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 incidental take permits for threatened and endangered species are found in 50 CFR 17.32 and 17.22, respectively. The Applicants have proposed four project sites for development within the Santa Nella Community Specific Plan Area. All of the project sites are located between Interstate 5 and the San Luis Reservoir in western Merced County, California. Typical land uses in the area surrounding the project sites are dryland farming, grazing and some residential development. The California Aqueduct and Delta-Mendota Canals are adjacent to the project sites. The San Luis Reservoir and O'Neill Forebay are west of the project sites. The Applicants propose the following land uses at the project sites: residential development, some commercial development, and open space community parks. The proposed number of home sites per acre range from 3.2 to 5.5. Biologists surveyed the project sites for special-status plants and wildlife in 1998. Based on these surveys and previous knowledge of the area, the Service concluded that the project may result in the take of one federally listed species, the endangered San Joaquin kit fox. The Applicants propose to implement the following measures to minimize and mitigate take of the San Joaquin kit fox: (1) conduct surveys and implement avoidance measures before and during construction activities; and (2) mitigate the loss of habitat at a 3:1 ratio (mitigation:impact) by purchasing a conservation easement for, or fee title to, 510 acres of off-site suitable kit fox habitat in the Santa Nella region. The Applicants will finance the off-site mitigation by establishing a Kit Fox Mitigation Account to be held by an appropriate entity. The Environmental Assessment considers the environmental consequences of two alternatives in addition to the Proposed Project Alternative. The Proposed Project Alternative consists of the issuance of an incidental take permit and implementation of the Plan and its implementing Agreement, which includes measures to minimize and mitigate impacts of the project on the San Joaquin kit fox. Under the No Action Alternative, the Service would issue a permit and the project area would continue to be dry-land farmed, remain as nonnative grassland or be converted to irrigated row crops with the possibility of future adjacent development. This alternative would result in less habitat value for the kit fox than the off-site mitigation proposed under the Proposed Project Alternative. We also considered a Reduced Density Alternative. Compared to the Proposed Project, this alternative did not provide any significantly improved on-site habitat for kit fox. This notice is provided pursuant to section 10(a) of the Endangered Species [[Page 48413]] 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, we will issue a permit to the Applicants for the incidental take of the San Joaquin kit fox. Our final permit decision will be made no sooner than 30 days from the date of this notice. Dated: August 27, 1999. Elizabeth H. Stevens, Deputy Manager, California/Nevada Operations Office, Fish and Wildlife Service, Sacramento, California. [FR Doc. 99-22987 Filed 9-2-99; 8:45 am] BILLING CODE 4310-55-M