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Availability of a Draft Environmental Impact Statement and Receipt of an Application for an Incidental Take Permit for the Metro Air Park Project in the Natomas Basin, Sacramento County, California

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

 [Federal Register: December 5, 2000 (Volume 65, Number 234)]
[Notices]
[Page 75946-75948]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05de00-69]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Availability of a Draft Environmental Impact Statement and
Receipt of an Application for an Incidental Take Permit for the Metro
Air Park Project in the Natomas Basin, Sacramento County, California

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of Availability.

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SUMMARY: The Metro Air Park Property Owners Association (Association)
has applied to the Fish and Wildlife Service (Service) for an
incidental take permit pursuant to section 10(a)(1)(B) of the
Endangered Species Act of 1973, as amended (Act). The Association, a
non-profit mutual benefit corporation, has applied on behalf of 138
individual property owners within the Metro Air Park 1,892-acre Special
Planning Area who wish to pursue development of urban uses and rice
farming on these lands. The development area is in the Natomas Basin,
Sacramento County, California, with associated mitigation lands for
Metro Air Park development within Sacramento and Sutter Counties,
California. The proposed permit would authorize incidental take of
three federally listed species. The proposed taking of these species
would be incidental to the implementation of the Metro Air Park Habitat
Conservation Plan (Plan), which provides for the development of the
Metro Air Park industrial park project along with the continuation of
rice farming activities. The proposed permit also would authorize
future incidental take of 10 currently unlisted species, should any of
them become listed under the Act during the life of the permit. The
proposed permit duration is 50 years. The permit application, available
for public review, includes the Plan which describes the proposed
program and mitigation, and an accompanying Implementing Agreement.
    The Service also announces the availability of a Draft
Environmental Impact Statement for the incidental take permit
application. All comments received, including names and addresses, will
become part of the official administrative record and may be made
available to the public.
    Public Meeting: A public meeting wi]ll be held on January 8, 2001,
from 7 p.m. to 9 p.m. at the County of Sacramento, Hearing Room 1, 700
H Street, Sacramento, California, 95814. For additional meeting
information, contact Ms. Vicki Campbell, Chief, Conservation

[[Page 75947]]

Planning Division at (916) 414-6600. Oral and written comments will be
received at the meeting.

DATES: Written comments should be received on or before February 6,
2001.

ADDRESSES: Comments should be addressed to the Field Supervisor, Fish
and Wildlife Service, Sacramento Fish and Wildlife Office, 2800 Cottage
Way, W-2605, Sacramento, California 95825. Written comments may be sent
by facsimile to (916) 414-6711.

FOR FURTHER INFORMATION CONTACT: Ms. Vicki Campbell, Chief,
Conservation Planning Division, at the Sacramento Fish and Wildlife
Office (see ADDRESSES); telephone: (916) 414-6600.

SUPPLEMENTARY INFORMATION:

Availability of Documents

    Individuals wishing copies of the application, Draft Environmental
Impact Statement, Plan, and Implementing Agreement should immediately
contact the Service by telephone at (916) 414-6600 or by letter to the
Sacramento Fish and Wildlife Office. Copies of the Draft Environmental
Impact Statement, Plan, and Implementing Agreement also are available
for public inspection, during regular business hours, at the Sacramento
Fish and Wildlife Office; State Library, 914 Capitol Mall, Sacramento,
CA; the State Library, 828 I Street, Sacramento, CA; and the State
Library, 1620 W. El Camino Avenue, Sacramento, CA.

Background Information

    Section 9 of the Act and Federal regulation prohibit the ``take''
of animal species listed as endangered or threatened. Take is defined
under the Act as harass, harm, pursue, hunt, shoot, wound, kill, trap,
capture or collect listed animal species, or attempt to engage in such
conduct (16 U.S.C. 1538). However, under limited circumstances, the
Service may issue permits to authorize ``incidental take'' of listed
animal species. ``Incidental take'' is defined by the Act as take that
is incidental to, and not the purpose of, carrying out of an otherwise
lawful activity. Regulations governing permits for threatened species
and endangered species, respectively, are at 50 CFR 17.32 and 50 CFR
17.22.

Background

    The Association seeks a permit for take of the following federally
listed species: the threatened giant garter snake (Thamnophis gigas),
threatened Aleutian Canada goose (Branta canadensis leucopareia), and
threatened valley elderberry longhorn beetle (Desmocerus californicus
dimorphus). This take would be incidental to urban development of the
Metro Air Park industrial park project and from rice farming activities
within the 1,892-acre Special Planning Area and on 119 acres of lands
outside the Special Planning Area in Sacramento County, California. The
proposed permit would also authorize future incidental take of the
currently unlisted Swainson's hawk (Buteo swainsoni), greater sandhill
crane (Grus canadensis tubida), bank swallow (Riparia riparia),
tricolored blackbird (Agelaius tricolor), northwestern pond turtle
(Clemmys marmorata marmorata), white-faced ibis (Plegadis chihi),
loggerhead shrike (Lanius ludovicianus), burrowing owl (Athene
cunicularia), delta tule pea (Lathyrus jepsonii ssp. jepsonii), and
Sanford's arrowhead (Sagittaria sanfordii) should any of these species
become listed under the Act during the life of the permit.
Collectively, the 13 listed and unlisted species are referred to as the
``covered species'' for the Association's Plan.
    The Metro Air Park Special Planning Area comprises 1,892 acres
within the Natomas Basin in Sacramento County, California. Agriculture
is the dominant land use in the Natomas Basin and on the Metro Air Park
site. The predominant crops are rice, corn, sugar beets, grain,
tomatoes, and pasture. Natural and uncultivated vegetation types are
interspersed throughout the agricultural areas of the Natomas Basin.
Natural areas are found primarily along irrigation canals, drainage
ditches, pastures, and uncultivated fields. The borders of drainage
canals are often associated with narrow strips of emergent vegetation
and/or wooded riparian areas.
    Portions of the Natomas Basin that are within the jurisdiction of
the City of Sacramento are included in the Natomas Basin Habitat
Conservation Plan which was completed by the City of Sacramento in
November, 1997. The Metro Air Park Project is described in the Natomas
Basin Habitat Conservation Plan, but because the Metro Air Park Project
is outside of the City limit lines, the project cannot be covered by
the City's incidental take permit. Therefore, the Association is
seeking a separate incidental take permit for the Metro Air Park
project. Take could occur as a result of urban development of the Metro
Air Park industrial park project and from rice farming activities.
    Under the Plan, the Association proposes to minimize and mitigate
the effects of urban development by participating in the basin-wide
conservation program set up for the entire Natomas Basin which is
described in the Natomas Basin Habitat Conservation Plan. The focus of
this basin-wide conservation program is the preservation, enhancement,
and restoration of ecological communities which support species
associated with the wetland and upland habitats. Through the payment of
development fees, one-half acre of mitigation land would be established
for every acre of land developed within the Plan area. The mitigation
land would be acquired and managed by the Natomas Basin Conservancy, a
non-profit conservation organization established to implement the
Natomas Basin Habitat Conservation Plan. Mitigation fee amounts and the
mitigation strategy for the Plan would be subject to the same
adjustments required under the Natomas Basin Habitat Conservation Plan.
To mitigate for the loss of Swainson's hawk nest trees on-site, the
Association will secure 200 contiguous acres, in perpetuity, and
transfer the lands to the Natomas Basin Conservancy to manage them for
the benefit of Swainson's hawk. The Plan also includes take avoidance
and minimization measures that include the requirement for landowners
to conduct pre-construction surveys for covered species and to carry
out minimization measures prior to site development.
    The Plan will be implemented by the Association with assistance
from the County of Sacramento and environmental consultants. The
Natomas Basin Conservancy will serve as the Plan Operator, receive
mitigation fees from the County, and be responsible for using the fees
to acquire and manage habitat lands in accordance with the Plan.
    Funding for the Plan will be financed through a combination of
development fees charged at the time grading permits are issued, Mello-
Roos Community Facilities District bond proceeds, and Property Owners
Assessments.
    The Draft Environmental Impact Statement considers four
alternatives, including the Proposed Action and the No-Action/No Take
Alternative. Under the No-Action/No Take Alternative, no section
10(a)(1)(B) permit would be issued for take of listed species during
urban development and other activities in the Plan area. Landowners
within the Plan area would continue to apply for individual incidental
take permits on a case-by-case basis.
    The Increased Mitigation Ratio Alternative examines the
environmental effects of applying a higher mitigation ratio for
addressing impacts to the giant garter snake and the Swainson's hawk
than is required under the Natomas Basin Habitat Conservation Plan and
the proposed Plan. This alternative would

[[Page 75948]]

require a site-specific analysis of habitat values in order to
determine specific mitigation obligations.
    The Reduced Development Alternative would result in reduced
development of the Metro Air Park site. The 18-hole golf course
situated on approximately 279 acres would be reduced to a 140-acre 9-
hole golf course. This would reallocate 140 acres on-site for the
creation of habitat as a mitigation area for covered species.
    The analysis provided in the Draft Environmental Impact Statement
is intended to accomplish the following: inform the public of the
proposed action and alternatives; address public comments received
during the scoping period; disclose the direct, indirect, and
cumulative environmental effects of the proposed action and each of the
alternatives; and indicate any irreversible commitment of resources
that would result from implementation of the proposed action.
    The Service invites the public to comment on the Plan and Draft
Environmental Impact Statement during a 60-day public comment period.
This notice is provided pursuant to section 10(a) of the Endangered
Species Act and Service regulations for implementing the National
Environmental Policy Act of 1969 (40 CFR 1506.6). The Service will
evaluate the application, associated documents, and comments submitted
thereon to prepare a Final Environmental Impact Statement. A permit
decision will be made no sooner than 30 days after the publication of
the Final Environmental Impact Statement.

    Dated: November 28, 2000.
Elizabeth H. Stevens,
Deputy Manager, Region 1, California/Nevada Operations Office,
Sacramento, California.
[FR Doc. 00-30837 Filed 12-4-00; 8:45 am]
BILLING CODE 4310-55-P

 
 

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