[Federal Register: June 30, 2009 (Volume 74, Number 124)]
[Notices]
[Page 31309-31311]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30jn09-93]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R8-ES-2009-N127; 81420-1113-0000-F3]
Safe Harbor Agreement for the City of Elk Grove's Shed B and
Whitelock Parkway Drainage Corridors, in Sacramento County, CA
AGENCY: Fish and Wildlife Service, Interior.
[[Page 31310]]
ACTION: Notice of availability; receipt of application and proposed
safe harbor agreement.
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SUMMARY: This notice advises the public that the City of Elk Grove
(applicant) has applied to the U.S. Fish and Wildlife Service (Service)
for an Enhancement of Survival Permit through a Safe Harbor Agreement
(Agreement) for the Federally threatened species valley elderberry
longhorn beetle (Desmocerus californicus dimorphus) and the Federally
threatened giant garter snake (Thamnophis gigas). The Agreement is
available for public comment (see below).
DATES: Written comments should be received on or before July 30, 2009.
ADDRESSES: Comments should be addressed to Mr. Rick Kuyper, U.S. Fish
and Wildlife Service, Sacramento Fish and Wildlife Office, 2800 Cottage
Way, W-2605, Sacramento, CA 95825. Written comments may also be sent by
facsimile to (916) 414-6713.
FOR FURTHER INFORMATION CONTACT: Mr. Rick Kuyper, Sacramento Fish and
Wildlife Office (see ADDRESSES); telephone: (916) 414-6600.
SUPPLEMENTARY INFORMATION:
Availability of Documents
You may obtain copies of the documents for review by contacting the
individual named above. You may also make an appointment to view the
documents at the above address during normal business hours.
Background
Under a Safe Harbor Agreement, participating landowners voluntarily
undertake management activities on their property to enhance, restore,
or maintain habitat benefiting species listed under the Act (16 U.S.C.
1531 et seq.). Safe Harbor Agreements, and the subsequent enhancement
of survival permit that is issued pursuant to Section 10(a)(1)(A) of
the Endangered Species Act of 1973, as amended (Act), encourage private
and other non-Federal property owners to implement conservation efforts
for listed species by assuring property owners that they will not be
subjected to increased property use restrictions as a result of their
efforts to attract listed species to their property, or to increase the
numbers or distribution of listed species already on their property.
Application requirements and issuance criteria for enhancement of
survival permits through Safe Harbor Agreements are found in the Code
of Federal Regulations (CFR) at 50 CFR 17.22(c) and 17.32(c).
We have worked with the applicant to develop the proposed Agreement
for the conservation of the valley elderberry longhorn beetle and the
giant garter snake on lands owned and managed by the applicant in
Sacramento County, California. The property subject to this Agreement
(Enrolled Property) consists of approximately 4.03 miles of drainage
corridor (i.e., Shed B Channel, tributary to Shed B Channel, and
Whitelock Parkway Channel) in the City of Elk Grove, Sacramento County,
California. The Enrolled Property consists of the existing drainage
corridor that extends west from Bruceville and Poppy Ridge roads to
Franklin Boulevard (Shed B Channel), existing drainage corridor that
extends from Bruceville Road to Bighorn Boulevard (Whitelock Parkway
Channel), and a tributary of the Shed B Channel that is located between
the main channel stem and Franklin High Road approximately 0.5 mile
south of Whitelock Parkway. Development within the surrounding area
consists of single-family homes and a school. Prior to the construction
of the Shed B and Whitelock Parkway drainage channels, no suitable
habitat for the giant garter snake or valley elderberry longhorn beetle
existed. The current uses of the drainage corridors are flood control
and water quality treatment. The drainage corridors drain directly into
the Service's Stone Lakes National Wildlife Refuge (approximately 2.1
miles downstream).
The applicant proposes to allow for the establishment of suitable
breeding and dispersal habitat for the two Federally listed species on
the Enrolled Property and to implement avoidance and minimization
measures during the maintenance activities described in the paragraph
below. We expect that the proposed activities will benefit these
species due to an increase in dispersal opportunities throughout the
Enrolled Property, thus resulting in a net conservation benefit for the
two Federally listed species. The Agreement includes a monitoring
component that will aid the applicant in developing management
strategies that can ensure the successful enhancement and management of
breeding and dispersal habitat for the two Federally listed species.
The proposed duration of the Agreement and the enhancement of survival
permit is 30 years.
The Agreement states that incidental take of the two Federally
listed species may occur during maintenance activities within the
drainage corridors, including: debris or obstruction removal; silt,
sand, or sediment removal; vegetation control in channels; repair of
previous erosion control work; minor erosion control work; bridge
washing and painting; and geotechnical sampling.
Upon approval of this Agreement, and consistent with the our Safe
Harbor Policy published in the Federal Register on June 17, 1999 (64 FR
32717), we would issue a permit to the applicant authorizing take of
the valley elderberry longhorn beetle and the giant garter snake
incidental to the implementation of the management activities specified
in the Agreement, incidental to other lawful uses of the Enrolled
Property including normal, routine land management activities, and to
return to pre-Agreement conditions (baseline).
Public Review and Comments
We have made a preliminary determination that the proposed
Agreement and permit application are eligible for categorical exclusion
under the National Environmental Policy Act of 1969 (NEPA). We explain
the basis for this determination in an Environmental Action Statement
that is also available for public review.
Individuals wishing copies of our Environmental Action Statement,
and/or copies of the full text of the Agreement, including a map of the
proposed permit area, should contact the office and personnel listed in
the ADDRESSES section above.
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.
We will evaluate this permit application, associated documents, and
comments submitted thereon to determine whether the permit application
meets the requirements of section 10(a) of the Act and NEPA
regulations. If we determine that the requirements are met, we will
sign the proposed Agreement and issue an enhancement of survival permit
under section 10(a)(1)(A) of the Act to the applicant for take of the
valley elderberry longhorn beetle and the giant garter snake incidental
to otherwise lawful activities in accordance with the terms of the
Agreement. We will not make our final decision until after the end of
the 30-day comment period and will fully consider all comments received
during the comment period.
[[Page 31311]]
We provide this notice pursuant to section 10(c) of the Act and
pursuant to implementing regulations for NEPA (40 CFR 1506.6).
Dated: June 23, 2009.
Susan K. Moore,
Field Supervisor, Sacramento Fish and Wildlife Office, Sacramento,
California.
[FR Doc. E9-15395 Filed 6-29-09; 8:45 am]
BILLING CODE 4310-55-P