Preparation of an Environmental Impact Statement for Issuance of an Incidental Take Permit Amendment Associated With Expansion of the U.S. Borax Mine, Near Boron in Kern County, CA, 21241-21242 [05-8174]

Download as PDF 21241 Federal Register / Vol. 70, No. 78 / Monday, April 25, 2005 / Notices No. of respondents HUD form No. Frequency of response Estimated hours of preparation Total annual burden hours HUD–51915 ................................................................................................... HUD–51915–A ............................................................................................... Consolidated Public Housing Certificate of Completion ................................ HUD–5378 ..................................................................................................... HUD–51971–I–II ............................................................................................ HUD–52482 ................................................................................................... HUD–52483–A ............................................................................................... HUD–52485 ................................................................................................... HUD–52651–A ............................................................................................... HUD–52427 ................................................................................................... HUD–52484 ................................................................................................... HUD–52396 ................................................................................................... HUD–5372 ..................................................................................................... HUD–51000 ................................................................................................... HUD–51001 ................................................................................................... HUD–51002 ................................................................................................... HUD–51003 ................................................................................................... HUD–51004 ................................................................................................... HUD–5460 ..................................................................................................... Procedure for Obtaining Certificates of Insurance for Capital Program Projects ...................................................................................................... HUD–52860 ................................................................................................... HUD–52850 ................................................................................................... HUD–5369 ..................................................................................................... HUD–5369A ................................................................................................... HUD–5369B ................................................................................................... HUD–5369C ................................................................................................... HUD–5370 ..................................................................................................... HUD–5370C ................................................................................................... HUD–52832 ................................................................................................... HUD–52833 ................................................................................................... HUD–52834 ................................................................................................... HUD–52835 ................................................................................................... HUD–52836 ................................................................................................... HUD–52837 ................................................................................................... HUD–52842 ................................................................................................... HUD–50080–COMP ...................................................................................... HUD–53001 ................................................................................................... HUD–53015 ................................................................................................... NEW—CFFP Sample Model Term Sheet ..................................................... NEW—CFFP Sample Model Debt Service Schedule ................................... NEW—CFFP Sample Model Effective Cost of Financing ............................. NEW—CFFP Sample Model HA–Monthly Debt Service Detail .................... NEW—Sample Model List of Participating PHAs .......................................... Total No. of Respondents .............................................................................. 3,100 3,100 3,100 3,100 3,100 3,100 3,100 3,100 3,100 3,100 3,100 3,100 3,100 3,100 3,100 3,100 3,100 3,100 3,100 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 3.0 3.0 1.0 0.1 1.0 2.0 2.0 2.0 2.0 0.5 10.0 2.0 1.0 1.0 3.5 1.0 1.5 2.5 1.0 9,300 9,300 3,100 310 3,100 6,200 6,200 6,200 6,200 1,550 31,000 6,200 3,100 3,100 10,850 3,100 4,650 7,750 3,100 3,100 3,100 3,100 3,100 3,100 3,100 3,100 3,100 3,100 3,100 3,100 3,100 3,100 3,100 3,100 3,100 3,100 3,100 3,100 2,000 2,000 2,000 2,000 2,000 133,900 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 0.5 16.0 1.0 0.5 0.5 0.5 0.5 1.0 0.5 252.0 110.0 40.0 .1 .1 75.0 5.0 .15 5.0 1.0 8.0 3.0 3.0 3.0 3.0 1,550 49,600 3,100 1,550 1,550 1,550 1,550 3,100 1,550 781,200 341,000 124,000 310 310 232,500 15,500 465 15,500 3,100 16,000 6,000 6,000 6,000 6,000 Total Hrs. ......................................................................................... ........................ ........................ .......................... 1,749,445 Status of the proposed information collection: Consolidation of currently approved and new collections to incorporate OMB information collections. DEPARTMENT OF THE INTERIOR Fish and Wildlife Service rmajette on DSK29S0YB1PROD with NOTICES Authority: Section 3506 of the Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35, as amended. Dated: April 14, 2005. Michael Liu, Assistant Secretary for Public and Indian Housing. [FR Doc. E5–1924 Filed 4–22–05; 8:45 am] BILLING CODE 4210–27–P VerDate Nov<24>2008 14:51 Oct 19, 2009 Jkt 220001 Preparation of an Environmental Impact Statement for Issuance of an Incidental Take Permit Amendment Associated With Expansion of the U.S. Borax Mine, Near Boron in Kern County, CA Fish and Wildlife Service, Interior. ACTION: Notice of intent. AGENCY: SUMMARY: Pursuant to the National Environmental Policy Act (NEPA), the U.S. Fish and Wildlife Service (Service) advises the public that we intend to gather information necessary to prepare an Environmental Impact Statement (EIS) on the proposed expansion and PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 amendment of the U.S. Borax Inc. (U.S. Borax) Life of Mine Project Habitat Conservation Plan (HCP). The proposed amendment is being prepared under section 10(a)(1)(B) of the Endangered Species Act of 1973 as amended, (Act). The HCP and incidental take permit amendments are needed to authorize the incidental take of listed species as a result of implementing activities covered under the proposed HCP amendment. We provide this notice to: (1) Describe the proposed action and possible alternatives; (2) advise other Federal and State agencies, affected Tribes, and the public of our intent to prepare an EIS; (3) announce the initiation of a 30day public scoping period; and (4) obtain suggestions and information on E:\TEMP\25APN1.SGM 25APN1 21242 Federal Register / Vol. 70, No. 78 / Monday, April 25, 2005 / Notices the scope of issues and alternatives to be included in the EIS. DATES: A public meeting will be held on: Tuesday, May 17, 2005 at 1–3 p.m. and 6–8 p.m. Written comments should be received on or before May 25, 2005. ADDRESSES: The public meeting will be held at Boron Senior Citizens Center, 27177 Twenty Mule Team Road, Boron, CA 93516. Information, written comments, or questions related to the preparation of the EIS and the NEPA process should be submitted to the U.S. Fish and Wildlife Service, Ventura Fish and Wildlife Office, 2493 Portola Road, Suite B, Ventura, California 93003; fw1usborax@fws.gov; or fax (805) 644– 3958. FOR FURTHER INFORMATION CONTACT: Doug Threloff (see ADDRESSES), (805) 644–1766. SUPPLEMENTARY INFORMATION: Reasonable Accommodation Persons needing reasonable accommodations to attend and participate in the public meeting should contact Geri Black of the Ventura Fish and Wildlife Office at (805) 644–1766 as soon as possible. To allow sufficient time to process requests, please call no later than one week before the public meeting. Information regarding this proposed action is available in alternative formats upon request. rmajette on DSK29S0YB1PROD with NOTICES Background Section 9 of the Act and Federal regulations prohibit the ‘‘take’’ of a fish or wildlife species listed as endangered or threatened. Under the Endangered Species Act (16 U.S.C. 1531 et seq.), the following activities are defined as take: 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)(1)(B) of the Act, we 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 permits for threatened and endangered species are at 50 CFR part 13 and 50 CFR part 17, respectively. U.S. Borax currently holds a permit for the federally threatened desert tortoise (Gopherus agassizii) for incidental take caused by mining operations on 3,465 acres in San Bernardino County, California. The permit was issued on February 5, 1999, and expires on February 5, 2049. Activities included in the HCP for the VerDate Nov<24>2008 14:51 Oct 19, 2009 Jkt 220001 permitted project are: The creation of an overburden stockpile on 1,848 acres; expansion of the open mine pit by 22 acres; creation of 3 flood control catchment basins on 70 acres; construction of a desert tortoise berm on 9.8 miles; and conservation of 2,274 acres of desert tortoise habitat. Overburden consists of soil and rock material overlying the borate ore. Since the permit was issued, U.S. Borax has been in compliance with the terms and conditions outlined in its HCP, Implementing Agreement, and incidental take permit. In addition, no desert tortoises have been reported as taken. U.S. Borax intends to request a permit amendment for the incidental take of the desert tortoise on approximately 1,501 additional acres in Kern County. The proposed expansion would modify the currently permitted mining entitlements and the processing of sodium and calcium borates at the existing U.S. Borax facility in Boron, California. Activities proposed to be covered by the HCP amendment are: to increase the overburden stockpile cover by 1,333 acres; create a gangue stockpile on 129 acres (gangue is the insoluble material in the ore); create 4 additional flood control catchment basins on 39 acres; construct a desert tortoise exclusion barrier along 7.1 miles; and conserve 1,466 acres of desert tortoise habitat. Environmental Impact Statement U.S. Borax and the Service have selected WZI, Inc. (WZI) to prepare the EIS. The document will be prepared in compliance with the National Environmental Policy Act (42 U.S.C. 4321 et seq.) (NEPA). WZI will prepare the EIS under the supervision of the Service, which will be responsible for the scope and content of the document. The EIS will consider the proposed action, the issuance of a section 10(a)(1)(B) permit amendment under the Act, no action (no permit amendment), and a reasonable range of alternatives. A detailed description of the impacts of the proposed action and each alternative will be included in the EIS. Several alternatives will be considered and analyzed, representing varying levels of conservation and impacts. The alternatives to be considered for analysis in the EIS may include: Variations in the scope of covered activities; variations in the location, amount, and type of conservation; variations in permit duration; or a combination of these elements. The EIS will also identify potentially significant direct, indirect, and PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 cumulative impacts on biological resources, land use, air quality, water quality, water resources, socioeconomics, and other environmental issues that could occur with the implementation of the proposed actions and alternatives. For all potentially significant impacts, the EIS will identify avoidance, minimization, and mitigation measures to reduce these impacts, where feasible, to a level below significance. Review of the EIS will be conducted in accordance with the requirements of NEPA, Council on Environmental Quality Regulations (40 CFR 1500– 1508), the Administrative Procedure Act (5 U.S.C. 500 et seq.), other applicable regulations, and the Service’s procedures for compliance with those regulations. This notice is being furnished in accordance with 40 CFR 1501.7 of NEPA to obtain suggestions and information from other agencies and the public on the scope of issues and alternatives to be addressed in the EIS. The primary purpose of the scoping process is to identify important issues and alternatives raised by the public related to the proposed action. Written comments from interested parties are welcome to ensure that the full range of issues related to the permit request is identified. Comments will only be accepted in written form. You may submit written comments by mail, email, or facsimile transmission (see ADDRESSES). Our practice is to make comments, including names and home addresses of respondents, available for public review during regular business hours. Individual respondents may request that we withhold their identity from the administrative record. We will honor such requests to the extent allowed by law. If you wish us to withhold your identity (e.g., individual name, home address, and home phone number), you must state this prominently at the beginning of your comments. We will make all submissions from organizations, agencies, or businesses, and from individuals identifying themselves as representatives or officials of such entities, available for public inspection in their entirety. Dated: April 19, 2005. D. Kenneth McDermond, Deputy Manager, California/Nevada Operations Office, U.S. Fish and Wildlife Service. [FR Doc. 05–8174 Filed 4–22–05; 8:45 am] BILLING CODE 4310–55–P E:\TEMP\25APN1.SGM 25APN1

Agencies

[Federal Register Volume 70, Number 78 (Monday, April 25, 2005)]
[Notices]
[Pages 21241-21242]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-8174]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Preparation of an Environmental Impact Statement for Issuance of 
an Incidental Take Permit Amendment Associated With Expansion of the 
U.S. Borax Mine, Near Boron in Kern County, CA

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of intent.

-----------------------------------------------------------------------

SUMMARY: Pursuant to the National Environmental Policy Act (NEPA), the 
U.S. Fish and Wildlife Service (Service) advises the public that we 
intend to gather information necessary to prepare an Environmental 
Impact Statement (EIS) on the proposed expansion and amendment of the 
U.S. Borax Inc. (U.S. Borax) Life of Mine Project Habitat Conservation 
Plan (HCP). The proposed amendment is being prepared under section 
10(a)(1)(B) of the Endangered Species Act of 1973 as amended, (Act). 
The HCP and incidental take permit amendments are needed to authorize 
the incidental take of listed species as a result of implementing 
activities covered under the proposed HCP amendment.
    We provide this notice to: (1) Describe the proposed action and 
possible alternatives; (2) advise other Federal and State agencies, 
affected Tribes, and the public of our intent to prepare an EIS; (3) 
announce the initiation of a 30-day public scoping period; and (4) 
obtain suggestions and information on

[[Page 21242]]

the scope of issues and alternatives to be included in the EIS.

DATES: A public meeting will be held on: Tuesday, May 17, 2005 at 1-3 
p.m. and 6-8 p.m. Written comments should be received on or before May 
25, 2005.

ADDRESSES: The public meeting will be held at Boron Senior Citizens 
Center, 27177 Twenty Mule Team Road, Boron, CA 93516. Information, 
written comments, or questions related to the preparation of the EIS 
and the NEPA process should be submitted to the U.S. Fish and Wildlife 
Service, Ventura Fish and Wildlife Office, 2493 Portola Road, Suite B, 
Ventura, California 93003; fw1usborax@fws.gov; or fax (805) 644-3958.

FOR FURTHER INFORMATION CONTACT: Doug Threloff (see ADDRESSES), (805) 
644-1766.

SUPPLEMENTARY INFORMATION:

Reasonable Accommodation

    Persons needing reasonable accommodations to attend and participate 
in the public meeting should contact Geri Black of the Ventura Fish and 
Wildlife Office at (805) 644-1766 as soon as possible. To allow 
sufficient time to process requests, please call no later than one week 
before the public meeting. Information regarding this proposed action 
is available in alternative formats upon request.

Background

    Section 9 of the Act and Federal regulations prohibit the ``take'' 
of a fish or wildlife species listed as endangered or threatened. Under 
the Endangered Species Act (16 U.S.C. 1531 et seq.), the following 
activities are defined as take: 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)(1)(B) of the Act, we 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 permits for threatened 
and endangered species are at 50 CFR part 13 and 50 CFR part 17, 
respectively.
    U.S. Borax currently holds a permit for the federally threatened 
desert tortoise (Gopherus agassizii) for incidental take caused by 
mining operations on 3,465 acres in San Bernardino County, California. 
The permit was issued on February 5, 1999, and expires on February 5, 
2049. Activities included in the HCP for the permitted project are: The 
creation of an overburden stockpile on 1,848 acres; expansion of the 
open mine pit by 22 acres; creation of 3 flood control catchment basins 
on 70 acres; construction of a desert tortoise berm on 9.8 miles; and 
conservation of 2,274 acres of desert tortoise habitat. Overburden 
consists of soil and rock material overlying the borate ore. Since the 
permit was issued, U.S. Borax has been in compliance with the terms and 
conditions outlined in its HCP, Implementing Agreement, and incidental 
take permit. In addition, no desert tortoises have been reported as 
taken.
    U.S. Borax intends to request a permit amendment for the incidental 
take of the desert tortoise on approximately 1,501 additional acres in 
Kern County. The proposed expansion would modify the currently 
permitted mining entitlements and the processing of sodium and calcium 
borates at the existing U.S. Borax facility in Boron, California. 
Activities proposed to be covered by the HCP amendment are: to increase 
the overburden stockpile cover by 1,333 acres; create a gangue 
stockpile on 129 acres (gangue is the insoluble material in the ore); 
create 4 additional flood control catchment basins on 39 acres; 
construct a desert tortoise exclusion barrier along 7.1 miles; and 
conserve 1,466 acres of desert tortoise habitat.

Environmental Impact Statement

    U.S. Borax and the Service have selected WZI, Inc. (WZI) to prepare 
the EIS. The document will be prepared in compliance with the National 
Environmental Policy Act (42 U.S.C. 4321 et seq.) (NEPA). WZI will 
prepare the EIS under the supervision of the Service, which will be 
responsible for the scope and content of the document.
    The EIS will consider the proposed action, the issuance of a 
section 10(a)(1)(B) permit amendment under the Act, no action (no 
permit amendment), and a reasonable range of alternatives. A detailed 
description of the impacts of the proposed action and each alternative 
will be included in the EIS. Several alternatives will be considered 
and analyzed, representing varying levels of conservation and impacts. 
The alternatives to be considered for analysis in the EIS may include: 
Variations in the scope of covered activities; variations in the 
location, amount, and type of conservation; variations in permit 
duration; or a combination of these elements.
    The EIS will also identify potentially significant direct, 
indirect, and cumulative impacts on biological resources, land use, air 
quality, water quality, water resources, socioeconomics, and other 
environmental issues that could occur with the implementation of the 
proposed actions and alternatives. For all potentially significant 
impacts, the EIS will identify avoidance, minimization, and mitigation 
measures to reduce these impacts, where feasible, to a level below 
significance.
    Review of the EIS will be conducted in accordance with the 
requirements of NEPA, Council on Environmental Quality Regulations (40 
CFR 1500-1508), the Administrative Procedure Act (5 U.S.C. 500 et 
seq.), other applicable regulations, and the Service's procedures for 
compliance with those regulations. This notice is being furnished in 
accordance with 40 CFR 1501.7 of NEPA to obtain suggestions and 
information from other agencies and the public on the scope of issues 
and alternatives to be addressed in the EIS. The primary purpose of the 
scoping process is to identify important issues and alternatives raised 
by the public related to the proposed action. Written comments from 
interested parties are welcome to ensure that the full range of issues 
related to the permit request is identified. Comments will only be 
accepted in written form. You may submit written comments by mail, e-
mail, or facsimile transmission (see ADDRESSES). Our practice is to 
make comments, including names and home addresses of respondents, 
available for public review during regular business hours. Individual 
respondents may request that we withhold their identity from the 
administrative record. We will honor such requests to the extent 
allowed by law. If you wish us to withhold your identity (e.g., 
individual name, home address, and home phone number), you must state 
this prominently at the beginning of your comments. We will make all 
submissions from organizations, agencies, or businesses, and from 
individuals identifying themselves as representatives or officials of 
such entities, available for public inspection in their entirety.

    Dated: April 19, 2005.
D. Kenneth McDermond,
Deputy Manager, California/Nevada Operations Office, U.S. Fish and 
Wildlife Service.
[FR Doc. 05-8174 Filed 4-22-05; 8:45 am]
BILLING CODE 4310-55-P
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