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Availability of an Environmental Assessment and Receipt of an Application for an Incidental Take Permit for the El Sobrante Landfill Expansion Project in an Unincorporated Area of Riverside County, California.

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

 [Federal Register: April 17, 2001 (Volume 66, Number 74)]
[Notices]
[Page 19791-19792]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17ap01-70]

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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 El Sobrante Landfill
Expansion Project in an Unincorporated Area of Riverside County,
California.

AGENCY: Fish and Wildlife Service.

ACTION: Notice of Availability and Receipt of Application.

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SUMMARY: USA Waste (Applicant) has applied to the Fish and Wildlife
Service for an incidental take permit (ITP) pursuant to section
10(a)(1)(B) of the Endangered Species Act of 1973, as amended. The
Service proposes to issue an 80-year permit to the Applicant that would
authorize take of the coastal California gnatcatcher (Polioptila
californica californica), Stephens' Kangaroo Rat (Dipodomys stephensi),
and 27 additional unlisted species incidental to otherwise lawful
activities. Such take would occur during the construction of new phases
of the El Sobrante Landfill, including landfill excavation and site
preparation, operations, facilities, maintenance activities, fire
management, and post-closure landfill activities. Project construction
would be performed by the Applicant during the phased expansion and 30-
year post-closure period of the landfill. This project would
temporarily remove 450 acres of occupied Riversidean sage scrub habitat
for the coastal California gnatcatcher and other sage scrub dependent
covered species, and permanently remove 41 acres of occupied grassland
habitat for the Stephens' kangaroo rat and other grassland dependent
covered species. In addition, 3 acres of juniper woodland scrub would
be permanently removed, and 5 acres of riparian habitat would be
temporarily impacted.
    We request comments from the public on the permit application and
Environmental Assessment, which are available for review. The permit
application includes the proposed Habitat Conservation Plan (HCP) and
an accompanying Implementing Agreement (legal contract). The HCP
describes the proposed project and the measures that the Applicant
would undertake to minimize and mitigate take of the covered species.
    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 June 18, 2001.

ADDRESSES: Written comments should be addressed to Mr. Jim Bartel,
Assistant Field Supervisor, Fish and Wildlife Service, 2730 Loker
Avenue West, Carlsbad, California 92008. Comments may also be sent by
facsimile to (760) 930-0846.

FOR FURTHER INFORMATION CONTACT: Daniel Brown, Fish and Wildlife
Biologist, at the above address or call (760) 431-9440.

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 ITPs for
threatened and endangered species are found in 50 CFR 17.32 and 17.22,
respectively.
    The Applicant has proposed an expansion of an existing landfill in
an unincorporated area of western Riverside County, California. Land
uses in the area surrounding the project site include a clay mine, a
green-waste recycling facility, the Lake Mathews-Estelle Mountain Core
Reserve, and undeveloped Riversidean sage scrub habitat in private
holdings.
    Biologists surveyed the project sites for special-status plants and
wildlife in 1992, 1993, 1997, 1999, and 2000. Based on these surveys
and previous knowledge of the area, the Service concluded that the
project may result in the take of two federally listed species, the
endangered Stephens' kangaroo rat and threatened coastal California
gnatcatcher.
    The Applicants propose to implement the following measures to
minimize and mitigate take of the Stephens' kangaroo rat: (1) Conserve
and provide for perpetual management of occupied grassland habitat
within the Undisturbed Open Space and movement corridors across
restored Riversidean sage scrub habitat; (2) locate staging areas
outside of Undisturbed Open Space; (3) restore Riversidean sage scrub
habitat to accommodate suitable burrow and forage sites; (4) maintain
restored Riversidean sage scrub areas in such a manner as to avoid
direct harm to individuals; (5) manage conserved habitat to control the
spread of non-native weeds; (6) direct lighting in the active portions
of the landfill away from natural areas; (7) limit activities in
conserved habitat to those identified in the HCP; (8) and control
access to deter poaching, off-road vehicle use, and other activities by
trespassers.
    The Applicants propose to implement the following measures to
minimize and mitigate take of the coastal California gnatcatcher: (1)
no direct harm to nesting birds, nests, eggs, and young would be
permitted; (2) impacts and restoration would be phased so that there
would always be a minimum of approximately 700 acres of Riversidean
sage scrub habitat in the Plan Area; (3) the mix of plant types in the
restored Riversidean sage scrub would be based on reference sites in
the Plan Area; (4) the Undisturbed Open Space would provide a source
population for the restored habitat; (5) restored habitat would be
monitored for presence of the

[[Page 19792]]

species, and contingency measures would be implemented if the species
is not found in restored Riversidean sage scrub habitat; and (6) all
restored and existing habitat in the Plan Area would be managed for the
benefit of this species. The species will benefit from the connectivity
with the existing Lake Mathews-Estelle Mountain Core Reserve. Based on
previous efforts to restore Riversidean sage scrub habitat in the
region, the species is expected to re-colonize the restored habitat.
    The HCP and the Environmental Assessment consider four alternatives
to the Proposed Action: (1) The Reduced Capacity alternative, (2) the
Conserved Final Phase alternative, (3) the Offsite Mitigation
alternative, and (4) the No Action alternative.
    The Reduced Capacity alternative would also require approval of a
HCP and the issuance of an ITP. This alternative would eliminate
impacts to habitat and species on 115 acres associated with Phase XV of
the landfill expansion. The excluded lands would not be covered by the
ITP and would not be covered or managed by the HCP. Otherwise, the
conservation measures are essentially the same as those under the
Proposed Action.
    The Conserved Final Phase alternative would also require approval
of a HCP and the issuance of an ITP. This alternative would provide
conservation and management of undisturbed habitat and species on 115
acres and eliminate Phase XV of the landfill expansion. More existing
habitat would be conserved under this alternative than under the
Proposed Action.
    The Offsite Mitigation alternative would also require approval of a
HCP and the issuance of an ITP. This alternative would provide
conservation and management of undisturbed habitat and species at a
location approved by the Fish and Wildlife Service within western
Riverside County. No restoration of Riversidean sage scrub would be
provided under this alternative.
    Under the No Action Alternative, the Fish and Wildlife Service
would not issue a permit, the existing conditions would continue,
listed and unlisted species would remain or become protected under the
Endangered Species Act or California Fish and Game Code, unlisted
species would be indirectly protected where they occur in habitat
occupied by listed species or subject to wetland regulations, and
another disposal site would be needed to accommodate the region's
municipal solid waste. All four alternatives would result in less
conserved habitat managed for the covered species than mitigation
proposed under the Proposed Action.
    This notice is provided pursuant to section 10(a) of the Endangered
Species 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, then we will issue a permit to the Applicants for the incidental
take of the Stephens' kangaroo rat, coastal California gnatcatcher, and
27 unlisted species if those species were to become listed during the
life of the permit. Our final permit decision will be made no sooner
than 60 days from the date of this notice.

Mary Ellen Mueller,
Deputy Manager, California/Nevada Operations Office, Fish and Wildlife
Service, Sacramento, California
[FR Doc. 01-9518 Filed 4-16-01; 8:45 am]
BILLING CODE 4310-55-P

 
 

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