Notice2021-28124
Permanente Site Operations and Maintenance, Santa Clara County, California; Draft Screening Form and Draft Low-Effect Habitat Conservation Plan
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 28, 2021
Issuing agencies
Interior DepartmentFish and Wildlife Service
Abstract
We, the U.S. Fish and Wildlife Service, announce the availability of a draft low-effect screening form (screening form) under the National Environmental Policy Act (NEPA) for an incidental take permit (ITP) under the Endangered Species Act (ESA), supported by a draft low-effect habitat conservation plan (draft HCP). The Lehigh Southwest Cement Company (Lehigh) (applicant) has applied for an ITP under the ESA for Permanente Site Operations and Maintenance in Santa Clara County, California. The requested ITP, which would be in effect for a period of 20 years, if granted, would authorize incidental take of the federally threatened California red-legged frog. In accordance with NEPA requirements, we have determined that the proposed action qualifies for a categorical exclusion as low effect. We invite the public and local, State, Tribal, and Federal agencies to comment on the application. Before issuing the requested permit, we will take into consideration any information that we receive during the public comment period.
Full Text
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<title>Federal Register, Volume 86 Issue 246 (Tuesday, December 28, 2021)</title>
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[Federal Register Volume 86, Number 246 (Tuesday, December 28, 2021)]
[Notices]
[Pages 73796-73797]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-28124]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS-R8-ES-2021-0076; FF08ESMF00-FXES11140800000-212]
Permanente Site Operations and Maintenance, Santa Clara County,
California; Draft Screening Form and Draft Low-Effect Habitat
Conservation Plan
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability of permit application; request for
comment.
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SUMMARY: We, the U.S. Fish and Wildlife Service, announce the
availability of a draft low-effect screening form (screening form)
under the National Environmental Policy Act (NEPA) for an incidental
take permit (ITP) under the Endangered Species Act (ESA), supported by
a draft low-effect habitat conservation plan (draft HCP). The Lehigh
Southwest Cement Company (Lehigh) (applicant) has applied for an ITP
under the ESA for Permanente Site Operations and Maintenance in Santa
Clara County, California. The requested ITP, which would be in effect
for a period of 20 years, if granted, would authorize incidental take
of the federally threatened California red-legged frog. In accordance
with NEPA requirements, we have determined that the proposed action
qualifies for a categorical exclusion as low effect. We invite the
public and local, State, Tribal, and Federal agencies to comment on the
application. Before issuing the requested permit, we will take into
consideration any information that we receive during the public comment
period.
DATES: We must receive your written comments on or before January 27,
2022.
ADDRESSES: Obtaining Documents: The draft screening form, draft HCP,
and any comments and other materials that we receive are available for
public inspection at <a href="http://www.regulations.gov">http://www.regulations.gov</a> in Docket No. FWS-R8-
ES-2021-0076.
Submitting Comments: To submit comments, please use one of the
following methods, and note that your information requests or comments
are in reference to the draft screening form, draft HCP, or both.
<bullet> Internet: Submit comments at <a href="http://www.regulations.gov">http://www.regulations.gov</a>
under Docket No. FWS-R8-ES-2021-0076.
<bullet> U.S. Mail: Public Comments Processing, Attn: Docket No.
FWS-R8-ES-2021-0076; U.S. Fish and Wildlife Service Headquarters, MS:
PRB/3W, 5275 Leesburg Pike, Falls Church, VA 22041-3803.
For more information, see Public Comments and Public Availability
of Comments, under SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT: Joseph Terry, Senior Fish and Wildlife
Biologist, or Ryan Olah, Supervisor, Coast Bay Division, Fish and
Wildlife Service, Sacramento Fish and Wildlife Office, by phone at 916-
414-6600 or via the Federal Relay Service at 800-877-8339.
SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service
(Service), announce the availability of a draft low-effect screening
form (screening form), prepared pursuant to the National Environmental
Policy Act of 1969, as amended (NEPA; 42 U.S.C. 4321 et seq.), and its
implementing regulations in the Code of Federal Regulations (CFR) at 40
CFR 1506.6. This notice also announces the receipt of an application
from the Lehigh Southwest Cement Company (Lehigh) (applicant) for a 20-
year incidental take permit (ITP) under the Endangered Species Act of
1973, as amended (ESA; 16 U.S.C. 1531 et seq.). Application for the
permit requires the preparation of a habitat conservation plan (HCP)
with measures to avoid, minimize, and mitigate the impacts of
incidental take to the maximum extent practicable. The applicant
prepared the draft Permanente Site Operations and Maintenance Low-
Effect Habitat Conservation Plan (draft HCP) pursuant to section
10(a)(1)(B) of the ESA. The purpose of the screening form is to assess
the effects of issuing the permit and implementing the draft HCP on the
natural and human environment.
Background
Section 9 of the ESA (16 U.S.C. 1531-1544 et seq.) prohibits the
taking of fish and wildlife species listed as endangered. Pursuant to
section 4(d) of the ESA, the take prohibition was extended by
regulation to certain threatened species, including the California red-
legged frog with the exception of take incidental to routine ranching
activities on private or tribal lands as described in 50 CFR 17.43(d).
Regulations governing permits for endangered and threatened species are
at 50 CFR 17.22 and 17.32. For more about the Federal HCP program, go
to <a href="http://www.fws.gov/endangered/esa-library/pdf/hcp.pdf">http://www.fws.gov/endangered/esa-library/pdf/hcp.pdf</a>.
National Environmental Policy Act Compliance
The proposed ITP issuance triggers the need for NEPA compliance (42
U.S.C. 4321 et seq.). The draft screening form was prepared to analyze
the impacts of issuing an ITP based on the draft HCP and to inform the
public of the proposed action, any alternatives, and associated
impacts, and to disclose any irreversible commitments of resources.
Proposed Action Alternative
Under the Proposed Action Alternative, the Service would issue an
ITP to the applicant for a period of 20 years for certain covered
activities (described below). The applicant has requested an ITP for
one covered species (described below), which is listed as threatened
under the ESA.
Habitat Conservation Plan Area
The geographic scope of the draft HCP encompasses 10.2 acres of the
Lehigh property, which includes 2.52 acres subject to repeated
temporary impacts and 0.10 acre permanently lost associated with
ongoing operations and maintenance activities that occur near suitable
habitat for the California red-legged frog, and a pond to which
California red-legged frogs that require removal from maintenance areas
would be relocated. The area is located west of the City of Cupertino,
in an unincorporated area of Santa Clara County, California.
Covered Activities
The proposed ESA section 10 ITP would allow take of the California
red-legged frog from covered activities in the proposed HCP area. The
applicant is requesting incidental take authorization for covered
activities, including storm water capture/sedimentation basin operation
and maintenance; erosion control; material transport and storage;
vehicle traffic and equipment operation; road and vegetation
maintenance; water quality monitoring; and restoration if emergent
cover increases or decreases enough to substantially diminish breeding
habitat quality, maintenance, and monitoring of an on-site California
red-legged frog breeding pond. The applicant is proposing to implement
a number of best management practices, as well as general and species-
specific avoidance and minimization measures to minimize the impacts of
the covered activities on the listed species, California red-legged
frog, and the candidate species, monarch butterfly.
[[Page 73797]]
Covered Species
The California red-legged frog (Rana draytonii), a species
federally listed as threatened, is proposed to be included as a covered
species in the proposed HCP.
No-Action Alternative
Under the No-Action Alternative, the Service would not issue an ITP
to the applicant, and routine operations and maintenance activities and
pond monitoring and maintenance would not be implemented. The No-Action
Alternative is not feasible, based on the purpose and need of the
operations and maintenance activities. Without the action, Lehigh would
not be able to maintain compliance with applicable water quality and
erosion control requirements and operational safety standards. Lehigh
is mandated by the State Water Resources Control Board to comply with
existing and applicable Clean Water Act permits and Water Quality
Certifications; full compliance would not be possible if operations and
maintenance activities are not conducted. In addition, not implementing
these activities would result in erosion and sedimentation that degrade
habitat for the California red-legged frog. Finally, without the
Covered Activities, safety of on-site material transport and vehicle
travel would be jeopardized. For these reasons, the No-Action
Alternative has been rejected.
Reduced Project Alternative
Under the reduced project alternative, the Service would issue an
ITP to the applicant for a period of 20 years for the same covered
activities and species described for the Proposed Action Alternative,
but within a reduced HCP area. The smaller HCP area would presumably
result in reduced probability for take of California red-legged frog.
However, the HCP area associated with the Proposed Action Alternative
has been minimized to the smallest possible footprint to fulfill
requirements of the existing storm water pollution prevention plan and
applicable permits associated with quarry operation, and to preserve
safe quarry operations. In addition, a reduced HCP area would reduce
the extent and effectiveness of erosion and sedimentation control
measures, potentially resulting in degradation of California red-legged
frog habitat. For these reasons, the Reduced Project Alternative would
not accomplish the project's goals and has been rejected.
Public Comments
We request data, comments, new information, or suggestions from the
public, other concerned governmental agencies, the scientific
community, Tribes, industry, or any other interested party on this
notice, the draft screening form, and the draft HCP. We particularly
seek comments on the following:
1. Biological information concerning the species;
2. Relevant data concerning the species;
3. Additional information concerning the range, distribution,
population size, and population trends of the species;
4. Current or planned activities in the area and their possible
impacts on the species;
5. The presence of archeological sites, buildings and structures,
historic events, sacred and traditional areas, and other historic
preservation concerns, which are required to be considered in project
planning by the National Historic Preservation Act; and
6. Any other environmental issues that should be considered with
regard to the proposed development and permit action.
Public Availability of Comments
Before including your address, phone number, or other personal
identifying information in your comment, you should be aware that your
entire comment--including your personal identifying information--might
be made publicly available at any time. While you can ask us in your
comment to withhold your personal identifying information from public
review, we cannot guarantee that we will be able to do so.
Next Steps
Issuance of an incidental take permit is a Federal proposed action
subject to compliance with NEPA and section 7 of the ESA. We will
evaluate the application, associated documents, and any public comments
we receive as part of our NEPA compliance process to determine whether
the application meets the requirements of section 10(a) of the ESA. If
we determine that those requirements are met, we will conduct an intra-
Service consultation under section 7 of the ESA for the Federal action
for the potential issuance of an ITP. If the intra-Service consultation
confirms that issuance of the ITP will not jeopardize the continued
existence of any endangered or threatened species, or destroy or
adversely modify critical habitat, we will issue a permit to the
applicant for the incidental take of the covered species.
Authority
We publish this notice under the National Environmental Policy Act
of 1969, as amended (42 U.S.C. 4321-4347 et seq.), and its implementing
regulations at 40 CFR 1500-1508, as well as in compliance with section
10(c) of the Endangered Species Act (16 U.S.C. 1531-1544 et seq.) and
its implementing regulations at 50 CFR 17.32(b)(1)(ii).
Michael Fris,
Field Supervisor, Sacramento Fish and Wildlife Office, U.S. Fish and
Wildlife Service, Sacramento, California.
[FR Doc. 2021-28124 Filed 12-27-21; 8:45 am]
BILLING CODE 4333-15-P
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</html>Indexed from Federal Register on December 28, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.