[Federal Register: June 10, 2008 (Volume 73, Number 112)]
[Notices]
[Page 32729-32732]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10jn08-66]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R8-ES-2008-N0106; 1112-0000-81420-F2]
Habitat Conservation Plan for South Sacramento, Sacramento
County, CA
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of intent to prepare an Environmental Impact Statement/
Environmental Impact Report (EIS/EIR) and notice of public scoping
meetings.
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SUMMARY: Pursuant to the National Environmental Policy Act (NEPA) we,
the Fish and Wildlife Service (Service), advise the public that we
intend to gather information necessary to prepare, in coordination with
the County of Sacramento (the County), a joint Environmental Impact
Statement/Environmental Impact Report (EIS/EIR). The EIS/EIR will
analyze the environmental effects of the Service's proposed issuance of
an incidental take permit under section 10(a)(1)(B) of the Federal
Endangered Species Act of 1973 as amended (ESA), for a habitat
conservation plan (HCP) within a portion of south Sacramento County,
California. The County, along with their local partners (the cities of
Elk Grove, Rancho Cordova, Galt, the Sacramento Regional County
Sanitation District, and the Sacramento County Water Agency), is
facilitating the preparation of the South Sacramento HCP (SSHCP) in
compliance with section 10(a)(2) of the ESA. The County and their local
partners intend to apply to the Service for a 30-year permit that would
authorized the incidental take of 40 species due to ground-disturbing
private activities implemented under the SSHCP. The County, in
accordance with the California Environmental Quality Act (CEQA) and
with 40 CFR 1506.6(b)(3), has published a similar notice of preparation
for this EIS/EIR with the State Clearinghouse.
We provide this notice to (1) Describe the proposed action and
possible alternatives; (2) announce the initiation of a public scoping
period, including when and where scoping meetings will be held; (3)
advise other interested Federal, State, and local agencies, affected
Tribes, and the public of our intent to prepare an EIS/EIR and invite
their participation in the scoping process and; (4) obtain suggestions,
comments, and useful information from interested parties and other
agencies on the range of actions, the significant issues, range of
alternatives, and impacts to be considered in the EIS/EIR document. We
invite written comments on this notice from any interested party.
DATES: Submit written comments on or before July 30, 2008. Four public
scoping meeting will be held on:
1. Tuesday, July 8, 2008, from 6:30 p.m. to 8:30 p.m., Galt, CA.
2. Friday, July 11, 2008, from 10 a.m. to 12:00 p.m., Sacramento,
CA.
3. Tuesday, July 15, 2008, from 6:30 p.m. to 8:30 p.m., Rancho
Cordova, CA.
4. Wednesday, July 16, 2008, from 6:30 p.m. to 8:30 p.m., Elk
Grove, CA.
ADDRESSES: The public meetings will be held at the following locations:
1. Tuesday, July 8, 2008, at the Anthony Pescetti Community Room,
Galt Police Facility, 455 Industrial Drive, Galt, CA 95632.
2. Friday, July 11, 2008, at the Sixth Floor Meeting Room,
Sacramento County Administration Building, 700 H Street, Sacramento, CA
95814.
3. Tuesday, July 15, 2008, at the American River Room, Rancho
Cordova City Hall, 2729 Prospect Park Drive, Rancho Cordova, CA 95670.
4. Wednesday, July 16, 2008, at the City Council Chambers, Elk
Grove City Hall, 8400 Laguna Palms Way, Elk Grove, CA 95758.
Submit written comments to Nina Bicknese, Conservation Planning
Branch, Sacramento Fish and Wildlife Office, Fish and Wildlife Service,
2800 Cottage Way, Room W-2605,
[[Page 32730]]
Sacramento, CA 95825. Comments may also be sent by facsimile to (916)
414-6713.
FOR FURTHER INFORMATION CONTACT: Nina Bicknese, Senior Fish and
Wildlife Biologist, Sacramento Fish and Wildlife Office at (916) 414-
6600. Additional details of the County's proposed South Sacramento
Habitat Conservation Plan are available at http://
www.planning.saccounty.net/habitat-conservation/overview/html.
SUPPLEMENTARY INFORMATION:
Reasonable Accommodation
Persons needing reasonable accommodations in order to attend and
participate in a public meeting should contact Nina Bicknese at (916)
414-6600 as soon as possible. In order to allow sufficient time to
process requests, please call no later than one week before the public
meeting. Information regarding this proposed action is available in
alternative formats upon request.
Background
The County and their local partners anticipate that landowners and
individuals will continue to request their discretionary or ministerial
approval of ground-disturbing land development projects in portions of
south Sacramento County where species listed as threatened or
endangered under the ESA are present. The County and their local
partners intend to apply for a permit from the Service for the
incidental take of listed species resulting from their approval of
otherwise lawful land-use changes within portions of south Sacramento
County over the next 30 years. Pursuant to the ESA and federal
regulations governing incidental take permits (ITPs), the County and
their local partners are in the process of preparing a habitat
conservation plan titled South Sacramento HCP (SSHCP). Development of
the SSHCP involved a public process that has included open meetings of
a stakeholder Steering Committee.
Section 9 of the ESA (16 U.S.C. 1538) and Federal regulations (50
CFR 17.21 and 17.31) prohibit the ``take'' of wildlife species listed
as endangered or threatened. The term ``take'' means to harass, harm,
pursue, hunt, shoot, wound, kill, trap, capture, or collect listed
species, or to attempt to engage in such conduct (16 U.S.C. 1532).
``Harm'' in the definition of ``take'' includes significant habitat
modifications or degradations (50 CFR 17.3). Pursuant to section
10(a)(1)(B) of the ESA, the Service may permit authorized take of
species other wise prohibited by Section 9 of the ESA if such taking is
incidental to, and not the purpose of, carrying out an otherwise lawful
activity (16 U.S.C. 1539). Federal regulations governing ITPs for
threatened and endangered wildlife species, respectively, are
promulgated in 50 CFR 17.32 and 50 CFR 17.22 and in Section 10(a)(2) of
the ESA. Pursuant to these regulations, no permit authorizing
incidental take may be issued unless the applicant prepares a Habitat
Conservation Plan (HCP). An HCP must include: a description of the
activities sought to be authorized; the names of the species sought to
be covered by the ITP; the impacts that will likely result from the
proposed taking; steps the applicant will take to minimize and mitigate
such taking to the maximum extent practicable; the funding that will be
available to implement such steps; biological goals and objectives; a
monitoring plan; an adaptive management plan; alternatives to the
proposed taking the applicant considered and reasons why such
alternatives are not proposed for implementation; other measures that
may be necessary or appropriate for the purposes of the HCP; and the
procedures the applicant will use to deal with unforeseen circumstances
over the term of the ITP.
The SSHCP Planning Area--the area in which all impacts would be
evaluated and all conservation actions will be implemented--is
approximately 341,000-acres within south Sacramento County. The
approximate geographical boundary of the SSHCP Planning Area is the
area bound by U.S. Highway 50 in the north, the county line dividing
Sacramento County with San Joaquin County on the south, the county line
dividing Sacramento County with Amador and El Dorado counties in the
east, and Interstate 5 on the west. The SSHCP's 341,000-acre Planning
Area includes a 123,000-acre Urban Development Area (UDA) where most
ground-disturbing development and infrastructure projects would be
approved by the County and its local partners over the next 30 years.
The 123,000-acre UDA includes lands within Sacramento County's Urban
Service Boundary, lands within the city limits of Rancho Cordova, Elk
Grove, and Galt, and lands within Galt's adopted sphere of influence
area. The County and its partners propose that approximately 43,500
acres within the 123,000-acre UDA would be developed or otherwise
disturbed, while approximately 8,000 acres of the UDA would be
permanently preserved or restored. The County and its partners also
propose that approximately 40,500 acres of the Planning Area outside
the UDA would be permanently preserved or restored, and only
approximately 2,000 acres of the Planning Area outside the UDA would be
developed or otherwise disturbed.
The species proposed for coverage in the SSHCP are those that occur
within the SSHCP Planning Area and are currently listed as federally
threatened or endangered, or that may become federally listed during
the term of the proposed permit. The County intends to request an ESA
section 10(a)(1)(B) permit to authorize the incidental take of 40
species (7 federally listed and 33 unlisted). The proposed SSHCP would
provide for the long-term conservation and management of these 40
covered-species and their habitats within the SSHCP Planning Area.
Species may be added or deleted during the course of the SSHCP
development based on public comment, new information, further analysis,
and agency consultation. Listed animal species proposed to be covered
under the SSHCP permit are the federally-endangered vernal pool tadpole
shrimp (Lepidurus packardi), the federally-threatened California tiger
salamander (Ambystoma californiense), the federally-threatened giant
garter snake (Thamnophis gigas), the federally-threatened valley
elderberry longhorn beetle (Desmocerus californicus dimorphus), and the
federally-threatened vernal pool fairy shrimp (Branchinecta lynchi).
Listed plant species proposed to be covered are the federally
endangered Sacramento Orcutt grass (Orcuttia viscida) and the federally
endangered slender Orcutt grass (Orcuttia tenuis).
The 33 unlisted species (27 animal and 6 plant species) proposed to
be covered under the SSHCP permit are the mid-valley fairy shrimp
(Branchinecta mesovallensis), Ricksecker's water scavenger beetle
(Hydrochara rickseckeri), western pond turtle (2 sub-species)
(Actinemys marmorata marmorata and Actinemys marmorata pallida),
western spadefoot toad (Scaphiopus hammondii), the white-tailed kite
(Elanus leucurus), Cooper's hawk (Accipiter cooperii), the ferruginous
hawk (wintering) (Buteo regalis), golden eagle (Aquila chrysaetos), the
state-threatened Swainson's hawk (Buteo swainsoni), bald eagle
(Haliaeetus leucocephalus), loggerhead shrike (Lanius ludovicianus),
northern harrier (nesting) (Circus cyaneus), sharp-shinned hawk
(Accipiter striatus), the state-endangered American peregrine falcon
(wintering) (Falco peregrinus anatum), tricolored blackbird (nesting)
(Agelaius tricolor),
[[Page 32731]]
western burrowing owl (Athene cunicularia hypugaea), long-eared owl
(Asio otus), merlin (Falco columbarius), short-eared owl (Asio
flammeus), white-faced ibis (Plegadis chihi), yellow breasted chat
(Icteria virens) the state-threatened greater sandhill crane (Grus
canadensis tabida), American badger (Taxidae taxus), pallid bat
(Antrozous pallidus), ringtail (Bassariscus astutas), western red bat
(Lasirus blossevilli),Yuma myotis bat (Myotis yumanensis), Ahart's
dwarf rush (Juncus leiospermus var. ahartii), dwarf downingia
(Downingia pusilla), legenere (Legenere limosa), pincushion navarretia
(Navarretia myersii), Sanford's arrowhead (Sagittaria sanfordii) and
the state-endangered Bogg's Lake hedge-hyssop (Gratiola heterosepala).
Should any of these unlisted covered-species become listed under the
ESA during the term of the permit, take authorization for those species
would become effective upon listing. The County proposes to include 8
plant species (2 listed and 6 unlisted) in the SSHCP. The ESA does not
prohibit the incidental take of federally listed plants on private
lands unless the take is a violation of state law or regulation. We
propose to include these plant species on the ITP in recognition of the
conservation benefits that would be provided for these plant species
under the SSHCP and to meet regulatory obligations under Section 7 of
the ESA and the California Endangered Species Act (CESA). All wildlife
and plant species included on the proposed ITP would receive assurances
under the Service's ``No Surprises'' regulations found in 50 CFR
17.22(b)(5) and 17.32(b)(5).
The activities proposed for coverage in the SSHCP are wide-ranging,
but are generally related to urban-suburban development on city and
unincorporated lands. Proposed covered-activities presently include the
construction, installation, extension, or removal of: (1) Private and
commercial developments, (2) transportation facilities, (3) surface
water and groundwater supply and delivery facilities, (4) water
treatment facilities, (5) flood control facilities, (6) sanitation
facilities (landfills, transfer stations, recycling stations), (7)
public facilities (fire stations, police stations, hospitals, schools,
community centers, cemeteries, and administration centers), (8) outdoor
and indoor recreation facilities, (9) utility facilities, (10)
aggregate mining activities, and (11) conservation activities (habitat
restoration, creation, and enhancement; preserve management and
monitoring). These covered activities are expected to impact 18
existing habitat and agricultural land-cover types within the 341,000-
acre Planning Area. Approximately 43,500 acres of the existing natural
habitat and agricultural land-cover in the Planning Area would be
converted to a developed condition under the proposed SSHCP.
The proposed SSHCP Conservation Strategy would provide a regional
approach for the conservation of the 40 covered-species and their 18
habitat types so as to aid recovery of the species and to minimize and
mitigate impacts of the covered activities on the species and their
habitats within the Planning Area. The 18 species habitat types include
vernal pools and associated uplands, valley grasslands, other wetlands,
woodlands, riparian habitats, and several agricultural land-cover
types. The proposed SSHCP Conservation Strategy would protect a total
of approximately 47,000 acres and restore or create a total of
approximately 1,500 acres within the 341,000-acre Planning Area. The
SSHCP Planning Area would be divided into a system of 12 conservation
zones with an explicit amount of species habitat preservation directed
to specific zones. The County and its partners anticipate that large
landscape preserves and linkage corridors would be established outside
of the UDA, and that these habitat preserves would be established
within a matrix of open space and agricultural land uses. The proposed
Conservation Strategy also includes approximately 8,000 acres of
habitat preserves within the UDA, but these UDA habitat preserves would
be much smaller and would eventually be surrounded by urban or suburban
development. Components of the proposed SSHCP conservation program are
now under consideration by the Service and the County. These components
may include monitoring, adaptive management, species avoidance
measures, and species mitigation measures including the preservation,
restoration, and enhancement of suitable habitat. It is anticipated the
SSHCP would be implemented through a section 10(a)(1)(B) incidental
take permit and an Implementation Agreement.
Environmental Impact Statement/Report
The proposed EIS/EIR will consider (1) The proposed action (i.e.
the Service issues an ITP for the SSHCP proposed by the County and its
partners), (2) a no-action alternative (i.e. the Service does not issue
an ITP and a SSHCP is not implemented) and, (3) reasonable alternatives
to the proposed action (i.e. the Service considers alternative versions
of the SSHCP, and then permits alternative). We anticipate that several
alternatives will be developed for analysis in the EIS/EIR. These
alternatives might vary by the number of covered species; the covered
activities, different strategies for avoiding, minimizing, and
mitigating the impacts of incidental take; the amount of land preserved
or restored, the type of future conservation efforts; or a combination
of these factors. A detailed description of all reasonable
alternatives, including the proposed action, will be included in the
EIS/EIR.
The EIS/EIR will analyze in depth all significant environmental
issues identified through this scoping process. These issues may
include biological resources, agricultural resources, land use,
housing, hydrology and water resources, cultural resources, aesthetics,
transportation and circulation, mineral resources, recreation, air
quality, noise and vibration, or other components of the human
environment that could be directly, indirectly, or cumulatively
impacted by the proposed action or by the alternatives.
We anticipate that a draft EIS/EIR and the draft SSHCP will be
available in late 2009 and will have a 60-day public review period. The
environmental review of the EIS/EIR will be conducted in accordance
with the requirements of NEPA (42 U.S.C. 4321 et seq.), its
implementing regulations (40 CFR 1500-1508), other applicable
regulations, and Service policy and guidance on compliance with those
regulations. We expect to complete the final EIS/EIR in the middle of
2010 and to make the decision on issuing a section 10(a)(1)(B) permit
for a SSHCP in late 2010.
The U.S. Army Corps of Engineers (Corps) will be a NEPA Cooperating
Agency on the proposed EIS/EIR pursuant to 40 CFR 1501.6, 1506.3(c),
and 1508.5. The County and their partners expect to apply to the Corps
for a Programmatic General Permit (PGP) under Section 404 of the Clean
Water Act (CWA). Section 404 of the CWA regulates and requires Corps
authorizations for discharges of dredged or fill material into waters
of the United States. A PGP is among the types of general permits which
can be issued for any category of activities involving discharges of
dredged or fill material if the Corps makes certain determinations (33
U.S.C. 1344(e)). Corps regulations promulgated under the CWA define
dredged or fill material in detail at 33 CFR 323.2 and regulations
concerning processing of Corps permits are at 33 CFR part 325. The
Corps may use the
[[Page 32732]]
EIS/EIR to inform their discretionary decision to issue to a PGP for
certain components of the proposed SSHCP.
The California Department of Fish and Game (CDFG) will be a NEPA
Cooperating Agency on the proposed EIS/EIR pursuant to 40 CFR 1501.6
and 1508.5. The County and their partners expect to apply to CDFG for
an incidental take permit under Section 2081 of the California Fish and
Game code and to apply for a Lake or Streambed Alteration Agreement
under Section 1600 of the California Fish and Game code. CDFG intends
to use the EIS/EIR in conducting its review of the SSHCP as a CEQA
Trustee Agency. CDFG will also use the EIS/EIR in makings its CEQA
findings in their decision to issue an incidental take permit under
Section 2081 of the California Fish and Game Code. As a CEQA
Responsible Agency, CDFG may also use the EIS/EIR during their
consideration to approve a Lake or Streambed Alteration Agreement under
Section 1600 of the California Fish and Game Code. The SSHCP will
incorporate best management practices that have been developed in
cooperation with, and approved by, CDFG.
This notice of intent is being furnished in accordance with 40 CFR
Sections 1501.2, 1501.7, 1506.6, and 1508.22 to obtain suggestions,
comments, and useful information from other agencies and the public on
the scope of the proposed EIS/EIR, including the significant
environmental issues deserving of study, the range of actions, the
range of alternatives, and the range of impacts to be considered.
Written comments from interested parties are invited to ensure that all
issues related to the proposed section 10(a)(1)(B) incidental-take
permit application are identified. Comments will only be accepted in
written form. You may submit written comments by mail, facsimile
transmission, or in person (see ADDRESSES). All comments received will
become part of the official administrative record. Our practice is to
make comment letters (including names, home addresses, home phone
numbers and email addresses of respondents) available for public
review. You may request that we withhold personal information, if so,
please state this prominently at the beginning of your comments.
However, we cannot guarantee that we will be able to do so.
Dated: June 4, 2008.
John Engbring,
Deputy Regional Director, California and Nevada Region, Sacramento,
California.
[FR Doc. E8-12963 Filed 6-9-08; 8:45 am]
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