[Federal Register: May 29, 2008 (Volume 73, Number 104)]
[Notices]
[Page 30965-30966]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29my08-105]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R8-ES-2008-N00134; 81430-1112-0000-F2]
Proposed Low Effect Habitat Conservation Plan for the Maintenance
and Operations on the Calnev 8-Inch and 14-Inch Pipelines, Cajon and
Lytle Creek Wash, San Bernardino County, CA
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability.
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SUMMARY: Calnev Pipeline Company LLC (applicant) has applied to the
U.S. Fish and Wildlife Service (Service) for a 5-year incidental take
permit for one covered 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 endangered San Bernardino
kangaroo rat (Dipodomys Merriami parvus) associated with the proposed
pipeline inspection and repair projects in the City of Rialto and
unincorporated San Bernardino County, California. A conservation
program to minimize and mitigate for the project activities would be
implemented as described in the proposed Maintenance and Operations on
the Calnev 8-inch and 14-inch Pipelines, Cajon and Lytle Creek Wash,
San Bernardino County, California Habitat Conservation Plan (proposed
HCP), which would be implemented by the applicant.
We are requesting comments on the permit application and on the
preliminary determination that the proposed HCP 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 the
Environmental Action Statement (EAS) and the associated Low Effect
Screening Form, which are also available for public review.
DATES: Written comments should be received on or before June 30, 2008.
ADDRESSES: Comments should be addressed to the Field Supervisor, Fish
and Wildlife Service, Carlsbad Fish and Wildlife Office, 6010 Hidden
Valley Road, Carlsbad, California 92011. 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.
SUPPLEMENTARY INFORMATION:
Availability of Documents
Individuals wishing copies of the application, proposed HCP, and
EAS should immediately contact the Service by telephone at (760) 431-
9440 or by letter to the Carlsbad Fish and Wildlife Office. Copies of
the proposed HCP and EAS 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.
Take is defined under the Act as to 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 section
10(a) of the Act, the Service may issue permits to authorize incidental
take of listed 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
in the Code of Federal Regulations at 50 CFR 17.22 and 50 CFR 17.32.
The applicant is seeking a permit for take of the San Bernardino
kangaroo rat during the life of the permit. This species is referred to
as the ``SBKR'' in the proposed HCP. The SBKR is restricted western San
Bernardino and Riverside counties.
The applicant proposes to perform routine inspection and repair
work along 8-inch and 14-inch petroleum product pipelines within the
Lytle and Cajon Creek Wash in the City of Rialto and unincorporated San
Bernardino County, California. The purpose of the project is to ensure
safe and effective transfer of petroleum products within these
pipelines. The applicant proposes to expose, inspect and repair
pipelines as necessary to ensure safe and effective operations. Each
dig will impact approximately 0.02 acre of land, and this permit would
authorize a maximum of 0.5 acre of impact in total. We anticipate that
some SBKR may be lost within the 0.5 acre of SBKR occupied habitat. The
project is within designated critical habitat for the SBKR.
The applicant proposes to minimize and mitigate the effects to the
SBKR associated with the covered activities by fully implementing the
HCP. The purpose of the proposed HCP's conservation program is to
promote the biological conservation of the SBKR. The HCP includes
measures to minimize impacts to SBKR by containing the project
footprint, minimizing activities that may directly impact individual
SBKR, and promoting recovery of impacted habitat. Impacts would be
confined to previously impacted areas, and exposed areas would be
replaced with the original soils and associated seed bank. The
applicant proposes to mitigate impacts to the SBKR through purchase of
1 credit within the Cajon Creek Conservation Bank in San Bernardino
County, California. For each individual repair project, the applicant
would subtract from the credit at a 2:1 ratio such that no more than
0.5 acre of impact would be authorized by this permit.
The Proposed Action consists of the issuance of an incidental take
permit and implementation of the proposed HCP, which includes measures
to minimize and mitigate impacts of the project on the SBKR. One
alternative to the taking of the listed species under the Proposed
Action is considered in the proposed HCP. Under the No Action
Alternative, no permit would be issued, and no maintenance or
conservation would occur. This Alternative was not chosen because it
would result in no repairs or necessary maintenance to
[[Page 30966]]
existing pipelines, which would increase the risk of impacts to the
public, property, and environment.
The Service has made a preliminary determination that approval of
the proposed HCP qualifies as a 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 HCP would result in
minor or negligible effects on federally listed, proposed, and
candidate species and their habitats; (2) Implementation of the
proposed HCP would result in minor or negligible effects on other
environmental values or resources; and (3) Impacts of the proposed HCP,
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.
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.
Before including your address, phone number, e-mail address, or
other personal identifying information in your comment, you should be
aware that your entire comment--including your personal identifying
information--may be made publicly available at any time. While you can
ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.
This notice is provided pursuant to section 10(c) of the Act. We
will evaluate the permit application, the proposed HCP, 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 Calnev Pipeline Company, LLC for the
incidental take of the San Bernardino kangaroo rat from petroleum
pipeline repair and maintenance in the City of Rialto and
unincorporated San Bernardino County, California.
Dated: May 21, 2008.
Jim A. Bartel,
Field Supervisor, Carlsbad Fish and Wildlife Office, Carlsbad,
California.
[FR Doc. E8-11939 Filed 5-28-08; 8:45 am]
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