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Availability of a Habitat Conservation Plan and Receipt of an Application for an Incidental Take Permit for the Westwood Tributary Point Office Project, Sacramento County, California

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

 [Federal Register: September 19, 2000 (Volume 65, Number 182)]
[Notices]
[Page 56590-56592]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19se00-79]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Availability of a Habitat Conservation Plan and Receipt of an
Application for an Incidental Take Permit for the Westwood Tributary
Point Office Project, Sacramento County, California

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability and receipt of application.

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SUMMARY: Westwood Tributary Point Limited (Applicant) 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 Service proposes to issue a 2-year permit to the
Westwood Tributary Point Limited that would authorize take of the
threatened valley elderberry longhorn beetle (Desmocerus californicus
dimorphus) incidental to otherwise lawful activities. Such take would
occur as a result of development on the Westwood Tributary Point Office
Project area in Sacramento County, California. Development will result
in the loss of one elderberry plant with two stems which provide
habitat for the valley elderberry longhorn beetle.
    We request comments from the public on the permit application,
which is available for review. The application includes a Habitat
Conservation Plan (Plan). The Plan describes the proposed project and
the measures that Westwood Tributary Point Limited would undertake to
minimize and mitigate take of the valley elderberry longhorn beetle.
    We also request comments on our preliminary determination that the
Plan qualifies as a ``low-effect'' Habitat Conservation Plan, eligible
for a categorical exclusion under the National

[[Page 56591]]

Environmental Policy Act. The basis for this determination is discussed
in an Environmental Action Statement, which is also available for
public review.

DATES: Written comments should be received on or before October 19,
2000.

ADDRESSES: Send written comments to Mr. Wayne White, Field Supervisor,
Fish and Wildlife Service, 2800 Cottage Way, Suite W-2605, Sacramento,
California 95825-1846. Comments may be sent by facsimile to 916-414-
6712 or 6713.

FOR FURTHER INFORMATION CONTACT: Ms. Vicki Campbell, Chief of
Conservation Planning Division, at the above address or call (916) 414-
6600.

SUPPLEMENTARY INFORMATION:

Document Availability

    Please contact the above office if you would like copies of the
application, Plan, and Environmental Action Statement. Documents also
will be available for review 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 Westwood Tributary Point Office project is located west of
Hazel Avenue, south of Folsom South Canal, and north of U.S. Highway 50
in the unincorporated Rancho Cordova area of Sacramento County. The
project site is one parcel of a larger development area, which
corresponds to an un-sectioned portion of Township 9 North, Range 7
East of the United States Geological Survey ``Folsom, California''
topographic quadrangle. The Applicant is requesting a 2-year incidental
take permit for the valley elderberry longhorn beetle.
    The Westwood Tributary Point Office project area is currently a
partially graded vacant lot. The applicant plans on erecting a 2-story
37,000-square-foot office building with parking facilities on the 3.43-
acre site. Other land uses in the surrounding area include a 216-unit
high-end apartment village, a 70,000-square-foot, 3-story office
building, 2 retail furniture stores, 2 fast-food restaurants, and 2 gas
station/convenience marts. Two additional lots are owned by an
extended-stay hotel operator.
    One small (6-foot-tall) blue elderberry (Sambucus mexicana) shrub
is present on the property. Westwood Tributary Point Limited has
submitted a Plan to minimize and mitigate for the removal
(transplantation) of this plant, which is potential habitat for the
valley elderberry longhorn beetle, federally listed as threatened under
the Act. No beetle exit holes were found in this shrub. The project
site does not contain any other rare, threatened, or endangered species
or habitat. No critical habitat for any listed species occurs on the
project site. Construction of the proposed project would result in the
removal of one elderberry shrub with two stems greater than 1-inch
diameter at ground level.
    Under the Plan, compensation for impacts to the valley elderberry
longhorn beetle would conform to the Service's 1999 Conservation
Guidelines. The elderberry shrub affected by the proposed project would
be transplanted to the Conservation Resources Laguna Creek Mitigation
Bank, a Service-approved compensation site. Transplantation would occur
after September 15, 2000 and prior to February 15, 2001. To fully
comply with the Service's conservation guidelines for the
transplantation of elderberry shrubs, and to minimize the effects of
take on the beetle, Westwood Tributary Point Limited will purchase one
valley elderberry longhorn beetle compensation unit at the Laguna Creek
Mitigation Bank. Purchase of this compensation unit will result in the
planting of five elderberry plants and five associated native plants to
compensate for impacts to two stems. The purchase of this compensation
unit will be consummated with an agreement for the sale of one valley
elderberry longhorn beetle compensation unit between Westwood Tributary
Point Limited and Conservation Resources, LLC.
    The Service's Proposed Action consists of the issuance of an
incidental take permit and implementation of the Plan, which includes
measures to minimize and mitigate impacts of the project on the valley
elderberry longhorn beetle. Two alternatives to the taking of listed
species under the Proposed Action are considered in the Plan. Under the
No Action Alternative, no permit would be issued. However, Westwood
Tributary Point Limited did not select this alternative as it is
inconsistent with local development goals and would result in the
undisturbed elderberry shrub being left on the site in an isolated
patch of open space with little habitat value. Another alternative
would result in the development of another site instead of the
described project site. The proposed project is an infill project and
has minor or negligible environmental effects. Westwood Tributary Point
Limited considers development of the present site as more desirable
than construction of the project on an open site in a less-developed
area because the use of an alternative site may result in greater
environmental effects.
    The Service has made a preliminary determination that the Plan
qualifies as a ``low-effect'' plan as defined by its Habitat
Conservation Planning Handbook (November 1996). Our determination that
a habitat conservation plan qualifies as a low-effect plan is based on
the following three criteria: (1) Implementation of the plan would
result in minor or negligible effects on federally listed, proposed,
and candidate species and their habitats; (2) implementation of the
plan would result in minor or negligible effects on other environmental
values or resources; and (3) impacts of the plan, considered together
with the impacts of other past, present and reasonably foreseeable
similarly situated projects would not result, over time, in cumulative
effects to environmental values or resources which would be considered
significant. As more fully explained in our Environmental Action
Statement, Westwood Tributary Point Limited's habitat conservation plan
for the Westwood Tributary Point Office Project qualifies as a ``low-
effect'' plan for the following reasons:
    1. Approval of the Plan would result in minor or negligible effects
on the valley elderberry longhorn beetle and its habitat. The Service
does not anticipate significant direct or cumulative effects to the
valley elderberry longhorn beetle resulting from development of the
Westwood Tributary Point Office Project.
    2. Approval of the Plan would not have adverse effects on unique
geographic, historic or cultural sites, or involve unique or unknown
environmental risks.
    3. Approval of the Plan would not result in any cumulative or
growth inducing impacts and, therefore, would not result in significant
adverse effects on public health or safety.
    4. The project does not require compliance with Executive Order
11988 (Floodplain Management), Executive Order 11990 (Protection of
Wetlands), or

[[Page 56592]]

the Fish and Wildlife Coordination Act, nor does it threaten to violate
a Federal, State, local or tribal law or requirement imposed for the
protection of the environment.
    5. Approval of the Plan would not establish a precedent for future
action or represent a decision in principle about future actions with
potentially significant environmental effects.
    The Service therefore has made a preliminary determination that
approval of the Plan qualifies as a categorical exclusion under the
National Environmental Policy Act, as provided by the Department of the
Interior Manual (516 DM 2, Appendix 1 and 516 DM 6, Appendix 1). Based
upon this preliminary determination, we do not intend to prepare
further National Environmental Policy Act documentation. The Service
will consider public comments in making its final determination on
whether to prepare such additional documentation.
    The Service provides this notice pursuant to section 10(c) of the
Endangered Species Act. We will evaluate the permit application, the
Plan, and comments submitted thereon to determine whether the
application meets the requirements of section 10 (a) of the Act. If the
requirements are met, the Service will issue a permit to the Westwood
Tributary Point for the incidental take of the valley elderberry
longhorn beetle from development of the Westwood Tributary Point Office
Project area. We will make the final permit decision no sooner than 30
days from the date of this notice.

    Dated: September 8, 2000.
Elizabeth H. Stevens,
Deputy Manager, California/Nevada Operations Office, Sacramento,
California.
[FR Doc. 00-23970 Filed 9-18-00; 8:45 am]
BILLING CODE 4130-55-P

 
 

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