[Federal Register: March 15, 2005 (Volume 70, Number 49)]
[Notices]
[Page 12708-12710]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15mr05-114]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Proposed Low-Effect Habitat Conservation Plan for Southern
California Edison Etiwanda-Miraloma Transmission Line Reconductor
Project, Riverside and San Bernardino Counties, CA
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; receipt of application.
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SUMMARY: Southern California Edison (applicant) has applied to the U.S.
Fish and Wildlife Service (Service) for a 5-year incidental take permit
for two
[[Page 12709]]
species pursuant to section 10(a)(1)(B) of the Endangered Species Act
of 1973, as amended (Act). The application addresses the potential for
``take'' of the Delhi Sands flower-loving fly (Rhaphiomidas terminatus
abdominalis), listed as endangered under the Act. It also addresses
impacts to the burrowing owl (Athene cunicularia hypugea), a California
State designated Species of Special Concern. Impacts to both species
would occur from proposed upgrading of the existing Etiwanda-Miraloma
Transmission Line in Riverside and San Bernardino counties, California.
A conservation program to mitigate for the project activities would be
implemented by the applicant as described in the proposed Southern
California Edison (SCE) Low-Effect Habitat Conservation Plan (proposed
plan), which is available for public review.
We are requesting comments on the proposed Plan and on the
preliminary determination that the proposed Plan qualifies as a ``Low-
effect'' Habitat Conservation Plan, eligible for a categorical
exclusion under the National Environmental Policy Act (NEPA) of 1969,
as amended. The basis for this determination is discussed in an
Environmental Action Statement and the associated Low-Effect Screening
Form (EAS/screening form), which are also available for public review.
DATES: Written comments should be received on or before April 14, 2005.
ADDRESSES: Comments should be addressed to Jim Bartel, Field
Supervisor, Fish and Wildlife Service, Carlsbad Fish and Wildlife
Office, 6010 Hidden Valley Road, Carlsbad, California 92008. Written
comments may be sent by facsimile to (760) 918-0638.
FOR FURTHER INFORMATION CONTACT: Ms. Karen Goebel, Assistant Field
Supervisor, Carlsbad Fish and Wildlife Office (see ADDRESSES);
telephone: (760) 431-9440.
Availability of Documents
Individuals wishing copies of the application, proposed plan, and
EAS/screening form should immediately contact the Service by telephone
(see FOR FURTHER INFORMATION CONTACT) or by letter to the Carlsbad Fish
and Wildlife Office (see ADDRESSES). Copies of the proposed plan and
EAS/screening form also are available for public inspection during
regular business hours at the Carlsbad Fish and Wildlife Office (see
ADDRESSES).
Background
Section 9 of the Act and its implementing Federal regulations
prohibit the take of animal species listed as endangered or threatened.
The definition of take under the Act is to harass, harm, pursue, hunt,
shoot, wound, kill, trap, capture or collect listed animal species, or
to attempt to engage in such conduct (16 U.S.C. 1538). However, under
section 10(a) of the Act, 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 an otherwise lawful activity. Regulations governing
incidental take permits for threatened and endangered species,
respectively, are found at 50 CFR 17.22 and 50 CFR 17.32.
The applicant is seeking a permit for take of the endangered Delhi
Sands flower-loving fly (DSF), and for the burrowing owl should it
become listed as threatened or endangered under the Act during the life
of the proposed 5-year permit. DSF were observed on the proposed
project site. No critical habitat for any listed species occurs on the
project site. The project site does not contain any threatened or
endangered species or habitat.
The proposed transmission line upgrade project would involve the
one-time removal of existing transmission lines, replacing these lines
with new, higher capacity lines, and replacing existing ground wire
with fiber line. A structural modification of the existing support
system (i.e., the replacement of seven existing towers with taller
towers) would be necessary to maintain adequate ground clearance.
Project implementation may result in take of the DSF. Although the
project area covers 126 acres, total construction impacts that would
result in habitat disturbance for the DSF and burrowing owl are limited
to 4.17 acres. Within these 4.17 acres, a total of 0.88 acres of
temporary and/or permanent disturbance of habitat for the DSF would
occur.
The Applicant proposes to minimize and mitigate the effects to the
DSF associated with the covered activities by fully implementing the
Plan. The purpose of the proposed Plan's conservation program is to
avoid and minimize impacts to the DSF during project construction and
to mitigate unavoidable impacts from temporary habitat disturbance and
permanent habitat loss. Unavoidable effects to the DSF would be
mitigated either through the restoration of 1.25 acres of DSF habitat
within Applicant-owned property or by the purchase of one acre of high-
quality DSF habitat at the Colton Dunes Mitigation Bank, operated by
the Vulcan Materials Company, in Colton, California.
Project implementation also may result in adverse effects to the
burrowing owl. The Applicant proposes to minimize and mitigate the
effects to the burrowing owl associated with covered activities by
fully implementing the Plan. Unavoidable effects to the burrowing owl
would be mitigated by relocating any nesting owls within the
construction area in accordance with the guidelines and measures
outlined in the proposed Plan. No critical habitat has been proposed or
designated for the burrowing owl.
The Proposed Action consists of the issuance of an incidental take
permit and implementation of the proposed Plan, which includes measures
to minimize and mitigate impacts of the project on the DSF and
burrowing owl. Alternatives to the taking of the DSF and burrowing owl
are considered in the proposed Plan. Under the No Action Alternative,
no permit would be issued, and no construction would occur. Under the
Reduced Project Alternative, incidental take of DSF and burrowing owl
would be authorized, but the applicant would reduce the area of impact.
Under the ``Participate in Regional Planning'' Alternative, the
Applicant could eventually receive incidental take authorization but
the proposed project would be delayed until completion of a regional
habitat conservation plan in San Bernardino County.
The Service has made a preliminary determination that approval of
the proposed Plan qualifies for categorical exclusion under NEPA, as
provided by the Department of the Interior Manual (516 DM 2, Appendix 1
and 516 DM 6, Appendix 1) and as a ``low-effect'' plan as defined by
the Habitat Conservation Planning Handbook (November 1996).
Determination of Low-effect Habitat Conservation Plans is based on the
following three criteria: (1) Implementation of the proposed Plan would
result in minor or negligible effects on federally listed, proposed,
and candidate species and their habitats; (2) implementation of the
proposed Plan would result in minor or negligible effects on other
environmental values or resources; and (3) impacts of the proposed
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
[[Page 12710]]
values or resources that would be considered significant.
Based upon this preliminary determination, we do not intend to
prepare further NEPA documentation. We will consider public comments in
making the final determination on whether to prepare such additional
documentation.
This notice is provided pursuant to section 10(c) of the Act. We
will evaluate the permit application, the proposed 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,
we will issue a permit to the Applicant for the incidental take of the
DSF, and the burrowing owl should it be listed during the permit term.
The permit would be contingent upon implementation of the Applicant's
proposed Plan in Riverside and San Bernardino counties, California.
Dated: March 9, 2005.
Tom McCabe,
Acting Deputy Manager, California/Nevada Operations Office, Sacramento,
California.
[FR Doc. 05-5017 Filed 3-14-05; 8:45 am]
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