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Availability of a Habitat Conservation Plan and Receipt of an Application for an Incidental Take Permit for the Tributary Point Parcel 9 Development Project, Sacramento County, California

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

 

[Federal Register: February 28, 2000 (Volume 65, Number 39)]
[Notices]
[Page 10537-10539]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28fe00-83]

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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 Tributary Point
Parcel 9 Development Project, Sacramento County, California

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability and receipt of application.

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SUMMARY: The Weyerhaeuser Venture Company 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
Weyerhaeuser Venture Company 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 Tributary Point Parcel 9
Project area in Sacramento County, California. Development would result
in the loss of up to 2 elderberry plants with 6 stems that provide
habitat for the valley elderberry longhorn beetle.

[[Page 10538]]

    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 the Weyerhaeuser Venture Company 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 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 March 29, 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-
6714.

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

SUPPLEMENTARY INFORMATION:

Availability of Documents

    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 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 proposed project area is Parcel 9 of the Tributary Point
development, which corresponds to an unsectioned portion of Township 9
North, Range 7 East of the ``Folsom, California'' topographic
quadrangle (United States Geological Survey, Photorevised 1980). The
Tributary Point Parcel 9 development is located west of Hazel Avenue,
south of Folsom South Canal, and north of U.S. Highway 50 in the
unincorporated area of Rancho Cordova in Sacramento County, California.
    Weyerhaeuser Venture Company, the owner of Parcel 9, is requesting
an incidental take permit to authorize take for 2 years.
    Parcel 9 is a 1.39-acre vacant lot which has been graded and
supports utilities. The entire Tributary Point development consists of
14 improved lots. The applicant has sold all but two lots, and
construction of retail, residential and office uses has occurred on
eight lots. Current uses include a 216-unit apartment village, a 70,000
square foot, 3-story office building, 2 furniture stores, 2 fast-food
restaurants and 2 gas station/convenience marts. Two additional lots
have been sold to an extended stay hotel operator. A furniture store
operator has expressed interest in Parcel 9.
    Two elderberry shrubs, containing six stems greater than 1 inch in
diameter at ground level, occur on the project site within the impact
area as potential habitat for the federally-threatened valley
elderberry longhorn beetle. 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 the two elderberry
shrubs on site. No beetle exit holes were found in these two shrubs.
    Under the Plan, mitigation for impacts to the valley elderberry
longhorn beetle would conform to the Service's 1999 Mitigation
Guidelines. The two elderberry shrubs affected by the proposed project
would be transplanted to the Conservation Resources Laguna Creek
Mitigation Bank, a Service-approved mitigation site, prior to or on
March 31, 2000. Typically, a 1:1 ratio would be required as mitigation
if transplantation occurs by February 15th, but because transplantation
would occur past this deadline, a 2:1 ratio (or 12 elderberry plants to
mitigate for impacts to six stems) is required. To fully comply with
the Service's mitigation guidelines for the transplantation of
elderberry shrubs past the typical February 15th deadline, the
applicant has purchased 3 valley elderberry longhorn beetle mitigation
units at the Laguna Creek Mitigation Bank. Purchase of these units will
result in the planting of 15 elderberry plants to mitigate for impacts
to six stems. The purchase of these mitigation units has been
consummated with an agreement for sale of valley elderberry longhorn
beetle units dated February 9, 2000, between Weyerhaeuser Venture
Company and Conservation Resources, LLC.
    The 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 Proposed Action were
considered in the Plan. Under the No Action Alternative, no permit
would be issued. However, the No Action Alternative is inconsistent
with local development goals and would result in the undisturbed
elderberry shrubs 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. The development of the present site is
considered more desirable than the 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). Determination of low-
effect for a habitat conservation 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 the Service's Environmental
Action Statement, the Tributary Point Parcel 9 Project Plan 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
Parcel 9 Project area.
    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

[[Page 10539]]

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 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 preliminarily determined 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
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 Weyerhaeuser Venture Company for
the incidental take of the valley elderberry longhorn beetle from
development of the Parcel 9 Project area. We will make the final permit
decision no sooner than 30 days from the date of this notice.

    Dated: February 18, 2000.
Elizabeth H. Stevens,
Deputy Manager, California/Nevada Operations Office, Sacramento,
California.
[FR Doc. 00-4564 Filed 2-25-00; 8:45 am]
BILLING CODE 4310-55-P

 
 

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