[Federal Register: February 2, 1999 (Volume 64, Number 21)] [Notices] [Page 5067-5068] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr02fe99-79] ----------------------------------------------------------------------- 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 La Rue Housing/Bowley Center Projects, Yolo County, California AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of Availability and Receipt of Application. ----------------------------------------------------------------------- SUMMARY: This notice advises the public that the University of California, Davis (University), 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 proposed permit would authorize the incidental take of the valley elderberry longhorn beetle (Desmocerus californicus dimorphus), federally listed as threatened, and modification of its habitat during construction of a new student housing facility and a greenhouse/ education facility on the University campus in Yolo County, California. The permit would be in effect for 10 years. The Service announces the receipt of the University's incidental take permit application which includes the proposed ``Low-Effect Habitat Conservation Plan for the Valley Elderberry Longhorn Beetle at the La Rue Student Housing and Bowley Center Projects, University of California, Davis.'' The proposed habitat conservation plan (Plan) is available for public comment. The Plan fully describes the proposed project and the measures the University would undertake to minimize and mitigate project impacts to the valley elderberry longhorn beetle. The Service has made a preliminary determination that the University's Plan qualifies as a ``low-effect'' habitat conservation plan eligible for categorical exclusion under the National Environmental Policy Act. We explain the basis for this determination in an Environmental Action Statement, which is also available for public review. This notice is provided pursuant to section 10(c) of the Act. DATES: Written comments on the permit application and Plan should be received on or before March 4, 1999. ADDRESSES: Comments regarding the permit application or the Plan should be addressed to Wayne White, Field Supervisor, Fish and Wildlife Service, Sacramento Fish and Wildlife Office, 3310 El Camino Avenue, Suite 130, Sacramento, California 95821-6340. Comments may be sent by facsimile to (916) 979-2744. FOR FURTHER INFORMATION CONTACT: Mr. Brian Twedt or Mr. William Lehman, Fish and Wildlife Biologists, Sacramento Fish and Wildlife Office; telephone (916) 979-2129. SUPPLEMENTARY INFORMATION: Document Availability Individuals wishing copies of the Plan and associated documents for review should immediately contact 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 Act and Federal regulation prohibit the ``take'' of a species listed as endangered or threatened, respectively (take is defined under the Act, in part, as to kill, harm, or harass a federally listed species). However, the Service may issue permits to authorize ``incidental take'' (defined by the Act as take that is incidental to, and not the purpose of, the carrying out of an otherwise lawful activity) of listed species under limited circumstances. Regulations governing permits for threatened species are promulgated in 50 CFR 17.32; regulations governing permits for endangered species are promulgated in 50 CFR 17.22. The La Rue Student Housing Project would be located in the western portion of the University's Central Campus and composed of four or more ``neighborhoods.'' Approximately 16 studio, 40 one-bedroom, 64 two- bedroom, 52 three-bedroom, and 20 four-bedroom units would be divided among the ``neighborhoods.'' Buildings would range from one to three stories in height. This project would provide housing for between 550 and 750 students. The Bowley Center would consist of a Plant Science Teaching Center and would include laboratories, greenhouses, offices, and a lecture room. This facility would be located in the western portion of the Central Campus. It would integrate lecture, greenhouse, field, and dry lab facilities in a single site, allowing for a more efficient use of time. In May, 1997, the proposed project area was surveyed for potential habitat for rare, threatened, or endangered species and other biological features that could be affected by the project. Only one federally listed species, the threatened valley elderberry longhorn beetle (beetle), has the potential to occur on the project site and to be directly impacted by the proposed project. The University has agreed to implement the following measures to minimize and mitigate impacts that may result from incidental take of the beetle: (1) mitigation and monitoring of transplanted elderberry shrubs and supplemental plantings would be conducted according to the Service's Mitigation Guidelines for the Valley Elderberry Longhorn Beetle, dated September 19, 1996; (2) 14 affected elderberry shrubs would be transplanted to a mitigation site along Putah Creek on Russel Ranch, on property owned by the University; (3) 336 additional elderberry cuttings would be planted to compensate for any adverse impacts to the 14 elderberry shrubs resulting from the proposed project; and (4) the mitigation area would be managed for the purpose of long-term protection of valley elderberry longhorn beetle habitat. The Service has made a preliminary determination that the University's Plan qualifies as a ``low-effect'' habitat conservation plan as defined by the Service's Habitat Conservation Planning Handbook (November 1996). Low-effect habitat conservation plans are those involving: (1) minor or negligible effects on federally listed and candidate species and their habitats; and (2) minor or negligible effects on other environmental values or resources. The La Rue Housing/ Bowley Center Plan qualifies as a low-effect habitat conservation plan for the following reasons: 1. Approval of the Plan would result in minor or negligible effects on the beetle and its habitat. The Plan may, in fact, result in a beneficial effect to the [[Page 5068]] beetle, since the fourteen affected shrubs would be transplanted from a relatively disturbed area to a protected environment. The Service does not anticipate significant direct or cumulative effects to the beetle resulting from construction of the new student housing or greenhouse/ educational facilities. 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 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. This notice is provided pursuant to section 10(c) of the Act. The Service will evaluate the permit application, the Plan, and comments submitted therein to determine whether the application meets the requirements of section 10(a) of the Act. If it is determined that those requirements are met, a permit will be issued for the incidental take of the valley elderberry longhorn beetle in conjunction with implementation of the La Rue Student Housing and Bowley Center projects. The final permit decision will be made no sooner than 30 days from the date of this notice. Dated: January 26, 1999. Elizabeth H. Stevens, Manager, California/Nevada Operations Office, Fish and Wildlife Service, Region 1, Sacramento, California. [FR Doc. 99-2376 Filed 2-1-99; 8:45 am] BILLING CODE 4310-55-P