Notice of Intent To Prepare an Environmental Impact Statement for Amendment of an Incidental Take Permit and the 1997 Habitat Conservation Plan for Kern County Waste Facilities, Kern County, CA, 61153-61155 [05-20967]
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Federal Register / Vol. 70, No. 202 / Thursday, October 20, 2005 / Notices
equipment, aftermarket marine
equipment, and prevention through
people will meet to discuss various
issues relating to recreational boating
safety. All meetings will be open to the
public.
NBSAC will meet on Saturday,
November 12, 2005, from 1 p.m. to 5
p.m., on Monday, November 14, 2005,
from 1:30 p.m. to 4:30 p.m., and on
Tuesday, November 15, 2005, from 8:30
a.m. to 12 noon. The Prevention
Through People Subcommittee will
meet on Sunday, November 13, 2005,
from 8:30 a.m. to 12 noon. The Boats
and Associated Equipment
Subcommittee will meet on Sunday,
November 13, 2005, from 1:30 p.m. to 5
p.m. The Recreational Boating Safety
Strategic Planning Subcommittee will
meet on Monday, November 14, 2005,
from 8:30 a.m. to 12 noon. These
meetings may close early if all business
is finished. On Sunday, November 13, a
Subcommittee meeting may start earlier
if the preceding Subcommittee meeting
has closed early. Written material and
requests to make oral presentations
should reach the Coast Guard on or
before Tuesday, October 25, 2005.
Requests to have a copy of your material
distributed to each member of the
committee or subcommittees in advance
of the meeting should reach the Coast
Guard on or before Tuesday, October 25,
2005.
DATES:
NBSAC will meet at the
Crowne Plaza, 1480 Jefferson Davis
Highway, Arlington, VA 22202. The
subcommittee meetings will be held at
the same address. Send written material
and requests to make oral presentations
to Ms. Jeanne Timmons, Executive
Director of NBSAC, Commandant (G–
OPB–1), telephone 202–267–1077, U.S.
Coast Guard Headquarters, 2100 Second
Street SW., Washington, DC 20593–
0001. This notice is available on the
Internet at https://dms.dot.gov or at the
Web site for the Office of Boating Safety
at URL address www.uscgboating.org.
ADDRESSES:
Ms.
Jeanne Timmons, Executive Director of
NBSAC, telephone 202–267–1077, fax
202–267–4285. You may obtain a copy
of this notice by calling the U.S. Coast
Guard Infoline at 1–800–368–5647.
FOR FURTHER INFORMATION CONTACT:
Notice of
these meetings is given under the
Federal Advisory Committee Act, 5
U.S.C. App. 2.
SUPPLEMENTARY INFORMATION:
Tentative Agendas of Meetings
National Boating Safety Advisory
Council (NBSAC). The agenda includes
the following:
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16:14 Oct 19, 2005
Jkt 208001
(1) Remarks—Rear Admiral Gary T.
Blore, Director of Operations Policy and
Council Sponsor.
(2) Swearing in of recent appointees
(includes new members and continued
members).
(2) Chief, Office of Boating Safety
Update on NBSAC Resolutions and
Recreational Boating Safety Program
report.
(3) Executive Director’s report.
(4) Chairman’s session.
(5) Report from TSAC Liaison.
(6) Report from NAVSAC Liaison.
(7) Coast Guard Auxiliary report.
(8) National Association of State
Boating Law Administrators Report.
(9) Wallop Breaux reauthorization
update.
(10) National Transportation Safety
Board report.
(11) Update on Personal Flotation
Devices (PFDs) on the market for
children, including Swimsuit Style
(12) Prevention Through People
Subcommittee report.
(13) Boats and Associated Equipment
Subcommittee report.
(14) Recreational Boating Safety
Strategic Planning Subcommittee report.
Prevention Through People
Subcommittee. The agenda includes the
following: Discuss current projects and
new issues impacting prevention
through people.
Boats and Associated Equipment
Subcommittee. The agenda includes the
following: Discuss current projects and
new issues impacting boats and
associated equipment.
Recreational Boating Safety Strategic
Planning Subcommittee. The agenda
includes the following: Discuss current
projects and new issues impacting
Recreational Boating Safety Strategic
Planning.
Procedural
All meetings are open to the public.
At the Chairs’ discretion, members of
the public may make oral presentations
during the meetings. If you would like
to make an oral presentation at a
meeting, please notify the Executive
Director of your request no later than
Tuesday, October 25, 2005. Written
material for distribution at a meeting
should reach the Coast Guard no later
than Tuesday, October 25, 2005. If you
would like a copy of your material
distributed to each member of the
committee or subcommittee in advance
of a meeting, please submit 25 copies to
the Executive Director no later than
Tuesday, October 25, 2005.
Information on Services for Individuals
With Disabilities
For information on facilities or
services for individuals with disabilities
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61153
or to request special assistance at the
meetings, contact the Executive Director
as soon as possible.
Dated: October 14, 2005.
James M. Hass,
Captain, U.S. Coast Guard, Acting Director
of Operations Policy.
[FR Doc. 05–21008 Filed 10–19–05; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Notice of Intent To Prepare an
Environmental Impact Statement for
Amendment of an Incidental Take
Permit and the 1997 Habitat
Conservation Plan for Kern County
Waste Facilities, Kern County, CA
Fish and Wildlife Service,
Interior.
ACTION: Notice of intent.
AGENCY:
SUMMARY: Pursuant to the National
Environmental Policy Act (NEPA), the
Fish and Wildlife Service (Service)
advises the public that we intend to
gather information necessary to prepare,
in coordination with the Kern County
Waste Management Department
(KCWMD), a joint Draft Environmental
Impact Statement/Environmental
Impact Report (EIS/EIR) on the
Amendment to the Kern County Waste
Facilities Habitat Conservation Plan and
permit number 830963 (Amendment 1).
Amendment 1 is being prepared under
Section 10(a)(1)(B) of the Endangered
Species Act of 1973, as amended, (ESA).
Amendment 1 addresses potential take
of threatened and endangered species at
Kern County waste facilities due to the
proposed expansion of the permit area,
new covered activities, and an increase
in the number of species covered by
Permit 830963. The term of Permit
830963 shall remain at 50 years,
expiring in 2047. KCWMD intends to
request an ESA permit amendment for
5 species federally listed as threatened
or endangered and 14 unlisted species
that may become listed during the term
of the permit.
The Service provides 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/EIR; (3) announce the
initiation of a public scoping period;
and (4) obtain suggestions and
information on the scope of issues to be
included in the EIS/EIR. Written
comments will be accepted at the public
meeting. In addition, you may submit
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61154
Federal Register / Vol. 70, No. 202 / Thursday, October 20, 2005 / Notices
written comments by mail or facsimile
transmission.
DATES: Two public meetings will be
held on: Wednesday, November 9, 2005
from 6 p.m. to 8 p.m. and Thursday,
November 10, 2005 from 6 p.m. to 8
p.m. Written comments should be
received on or before November 21,
2005.
ADDRESSES: The public meetings will be
held at the following locations:
Wednesday, November 9, 2005 at 2700
‘‘M’’ Street, First Floor Conference
Room, Bakersfield, CA 93301; and,
Thursday, November 10, 2005 at the
Mojave Veterans Building, 15580 ‘‘O’’
Street, Mojave, CA 93501. Written
comments, or questions related to the
preparation of the EIS/EIR and NEPA
process should be submitted to Lori
Rinek, Division Chief, Endangered
Species Program, U.S. Fish and Wildlife
Service, Sacramento Fish and Wildlife
Office, 2800 Cottage Way, W–2605,
Sacramento, California 95825; FAX
(916) 414–6713.
FOR FURTHER INFORMATION CONTACT:
Sheila Larsen, Fish and Wildlife
Biologist, or Lori Rinek, Division Chief,
Endangered Species Program, at the
Sacramento Fish and Wildlife Office at
(916) 414–6600.
SUPPLEMENTARY INFORMATION:
Reasonable Accommodation
Persons needing reasonable
accommodations in order to attend and
participate in the public meeting should
contact Lori Rinek as soon as possible
(see FOR FURTHER INFORMATION CONTACT).
In order 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 ESA and Federal
regulations prohibit the take of fish and
wildlife species listed as endangered or
threatened (16 U.S.C. 1538). The term
‘‘take’’ means to harass, harm, pursue,
hunt, shoot, wound, kill, trap, capture,
or collect, or to attempt to engage in any
such conduct (16 U.S.C. 1532). Harm
includes significant habitat modification
or degradation that actually kills or
injures listed wildlife by significantly
impairing essential behavioral patterns,
including breeding, feeding, and
sheltering [50 CFR 17.3(c)]. Under
limited circumstances, the Service may
issue permits to authorize incidental
take of listed fish or wildlife; i.e., take
that is incidental to, and not the
purpose of, otherwise lawful activity.
Regulations governing incidental take
VerDate Aug<31>2005
16:14 Oct 19, 2005
Jkt 208001
permits for threatened and endangered
species are found in 50 CFR 17.32 and
17.22, respectively.
Although take of listed plant species
is not prohibited under the ESA, and
therefore cannot be authorized under an
incidental take permit, plant species
may be included on a permit in
recognition of the conservation benefits
provided to them under a habitat
conservation plan. All species included
on an incidental take permit would
receive assurances under the Services
‘‘No Surprises’’ regulation [50 CFR
17.22(b)(5) and 17.32(b)(5)].
Permit number 830963 (issued
October 24, 1997) provides for
incidental take of 5 federally-listed
threatened or endangered animals: San
Joaquin kit fox (Vulpes macrotis
mutica), Tipton kangaroo rat
(Dipodomys nitratoides nitratoides),
giant kangaroo rat, (Dipodomys ingens),
blunt-nosed leopard lizard (Gambelia
silus), desert tortoise (Gopherus
agassizii); one plant, the Hoover’s
eriastrum (Eriastrum hooverii); and, one
unlisted animal, the San Joaquin
antelope squirrel (Ammospermophilus
nelsoni), should it be listed during the
50-year term of the permit. Incidental
take was permitted at 17 KCWMD
facilities, including active and closed
sanitary landfills and solid waste
transfer stations. The total permit area
was 2,063 acres, of which 1,151 acres of
habitat were expected to be impacted.
Activities covered by the original permit
included excavation and on-going
operation of sanitary landfills, which
included activities that would result in:
inadvertent burial during waste
handling; species contact with
potentially toxic materials, such as
contact with contaminant-laden surface
and subsurface leachates from in-place
refuse and exposure to toxic gas
emissions from in-place refuse; traffic,
noise, lights, and other disturbance; and
exposures to substantially elevated
bacterial levels in decomposing refuse.
In addition, potential for habitat loss
and direct take of individuals at solid
waste transfer stations was addressed.
Amendment 1 to permit number
830963 is needed because: (a) KCWMD
has been given responsibility for
remediating numerous historical ‘‘burn
dumps’’ that were capped and
abandoned several decades ago and
must now be brought up to current
regulatory standards; (b) KCWMD must
acquire and manage large buffer zones
around existing and new facilities; (c)
KCWMD must expand facility capacity
in some areas; and (d) there is a
reasonable likelihood that additional
species may be listed in the foreseeable
future and would need to be addressed.
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Fmt 4703
Sfmt 4703
Under Amendment 1, KCWMD
proposes to add approximately 10,500
to 11,000 acres to the existing 2,063-acre
permit area.
KCWMD is not requesting coverage
for Hoover’s eriastrum under
Amendment 1 as it has been delisted.
However, KCWMD is still required to
perform all of its obligations to protect
and conserve Hoover’s eriastrum as
described in the original permit. Under
Amendment 1, KCWD proposes to
extend the geographic scope and scope
of permitted activities for the remaining
5 species covered by the original permit.
Under Amendment 1, KCWMD also
requests coverage for 13 additional
species that may be listed in the future:
Le Conte’s thrasher (Toxostoma lecontei
lecontei), short-nosed kangaroo rat
(Dipodomys nitratoides brevinasus), San
Joaquin pocket mouse (Perognathus
inornatus), Mohave ground squirrel
(Spermophilis mohavensis), Tulare
grasshopper mouse (Onychomys
torridus tularensis), western burrowing
owl (Athene cunicularia), loggerhead
shrike (Lanius ludovicianus), California
horned lizard (Phrynosoma frontalis
coronata), Bakersfield smallscale
(Atriplex tularensis), lesser saltscale
(Atriplex minuscule), Lost Hills saltbush
(Atriplex vallicola), heartscale (Atriplex
cordulata), and desert cymopterus
(Cymopterus deserticola). Species may
be added or deleted during the course
of the development of the Amendment
1 proposal based on further analysis,
new information, agency consultation,
and public comment.
Under Amendment 1, KCWMD
proposes to include up to 13,000 noncontiguous acres at numerous locations
in Kern County, including the 2,063
acres covered by the original permit.
The boundaries of the Amendment 1
area are generally defined as the area of
KCWMD’s 11 active and retired waste
facilities, transfer stations, and burn
dumps, including a 660 to 1320-foot
buffer zone around these facilities. The
proposed Amendment 1 area also
includes a number of small (1 to 40acre) historical burn dumps which
KCWMD is remediating and
maintaining to meet current health and
safety standards.
Amendment 1 would address the
following proposed covered activities:
(a) Potential expansion of necessary
facilities including transfer stations,
landfills, and buffer zones; (b)
construction of roads, drainage
facilities, monitoring wells, temporary
and permanent soil stockpiles, facilities
for management of landfill gas,
recycling facilities, waste transfer
facilities, fences, and other operational
facilities within the active and inactive
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Federal Register / Vol. 70, No. 202 / Thursday, October 20, 2005 / Notices
landfill area and buffer zones; (c) longterm operation of waste facilities,
followed by closure of those facilities
and long-term post-closure maintenance
of surrounding buffer areas; (d)
remediation of burn dumps, primarily
by re-capping and fencing; (e)
monitoring, maintenance of facilities,
management of dust and runoff,
management of wind-blown trash, and
other routine maintenance and
management in buffer zones; and (f) the
potential development of compatible
facilities in buffer zones and remediated
burn dumps (such as recycling or waste
processing facilities, or other types of
facilities compatible with the operation
and zoning of sanitary landfills, transfer
stations, and burn dumps). No new
landfills would be sited.
The effects of proposed covered
activities are expected to be minimized
and mitigated through participation in a
conservation program that would be
fully described in Amendment 1 to the
original Habitat Conservation Plan. The
focus of this proposed conservation
program is to provide long-term
protection of covered species by
protecting biological communities in
areas of high ecological value within
Kern County. Components of the
proposed conservation program are now
under consideration by the Service and
KCWMD. These components will likely
include: avoidance and minimization
measures, monitoring, adaptive
management, and mitigation measures
consisting of preservation, restoration
and enhancement of habitat.
Environmental Impact Statement/
Report
KCWMD and the Service have
selected Jud Monroe, Environmental
Planning and Documentation (Monroe),
to prepare the Draft EIS/EIR. The joint
document will be prepared in
compliance with NEPA and the
California Environmental Quality Act
(CEQA). Although Monroe will prepare
the EIS/EIR, the Service will be
responsible for the scope and content of
the document for NEPA purposes, and
KCWMD will be responsible for the
scope and content of the document for
CEQA purposes.
The EIS/EIR will consider the
proposed action of amending permit
number 830963, no action (no permit
amendment), and a reasonable range of
alternatives, including operational
alternatives for KCWMD facilities that
would involve different levels of
incidental take from those likely to
occur under the proposed action. A
detailed description of the proposed
action and alternatives will be included
in the EIS/EIR. It is anticipated that
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16:14 Oct 19, 2005
Jkt 208001
several alternatives will be developed,
which may vary by the level of
conservation, impacts caused by the
proposed activities, permit area, covered
species, or a combination of these
factors.
The EIS/EIR will also identify
potentially significant impacts on
biological resources, land use, air
quality, water quality, mineral
resources, water resources, economics,
and other environmental resources that
could occur directly or indirectly with
implementation of the proposed action
or alternatives. For all potentially
significant impacts, the EIS/EIR will
identify mitigation measures, where
feasible, to reduce these impacts to a
level below significance.
Environmental review of the EIS/EIR
will be conducted in accordance with
the requirements of NEPA (42 U.S.C.
4321 et seq.), its implementing
regulations (40 CFR parts 1500–1508),
other applicable regulations, and
Service procedures for compliance with
those regulations. We are publishing
this notice in accordance with Section
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/EIR. More specifically, we provide
this notice: (1) To describe the proposed
action and possible alternatives; (2) to
advise other Federal and State agencies,
affected Tribes, and the public of our
intent to prepare an EIS/EIR; (3) to
announce the initiation of a public
scoping period; and (4) to obtain
suggestions and information on the
scope of issues to be included in the
EIS/EIR. The primary purpose of the
scoping process is to identify, rather
than to debate, significant issues related
to the proposed action. We invite
written comments from interested
parties to ensure that the full range of
issues related to the permit request is
identified. All comments received,
including names and addresses, will
become part of the official
administrative record and may be made
available to the public.
Dated: October 14, 2005.
Ken McDermond,
Deputy Manager, California/Nevada
Operations Office, Sacramento, California.
[FR Doc. 05–20967 Filed 10–19–05; 8:45 am]
BILLING CODE 4310–55–P
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61155
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[OR–027–1020–PI–020H; G–06–0004]
Notice of Public Meetings, Steens
Mountain Advisory Council
Department of the Interior,
Bureau of Land Management, Burns
District Office.
ACTION: Notice of public meetings for
the Steens Mountain Advisory Council.
AGENCY:
SUMMARY: In accordance with the Steens
Mountain Cooperative Management and
Protection Act of 2000, the Federal Land
Policy and Management Act of 1976,
and the Federal Advisory Committee
Act of 1972, the U.S. Department of the
Interior, Bureau of Land Management,
and the Steens Mountain Advisory
Council will meet as indicated below.
DATES: The Steens Mountain Advisory
Council will meet at the Bureau of Land
Management, Burns District Office,
28910 Hwy 20 West, Hines, Oregon
97738 on October 27 and 28, 2005, and
December 8 and 9, 2005. Meetings will
begin at 8 a.m., local time, each day and
will end at approximately 4:30 p.m.,
local time.
SUPPLEMENTARY INFORMATION: The
Steens Mountain Advisory Council was
appointed by the Secretary of the
Interior on August 14, 2001, pursuant to
the Steens Mountain Cooperative
Management and Protection Act and
rechartered in August 2005. The Steens
Mountain Advisory Council’s purpose is
to provide representative counsel and
advice to the Bureau of Land
Management regarding (1) new and
unique approaches to management of
the land within the bounds of the Steens
Mountain Cooperative Management and
Protection Area, (2) cooperative
programs and incentives for landscape
management that meet human needs,
maintain and improve the ecological
and economic integrity of the area, and
(3) preparation and implementation of a
management plan for the Steens
Mountain Cooperative Management and
Protection Area.
Topics to be discussed at these
meetings include operating protocols,
vice-chair election, Transportation/
Travel Plan, North Steens Ecosystem
Restoration Project Environmental
Impact Statement, Wildland Juniper
Management Area, cooperative
management agreements,
implementation plan, on-the-ground
projects update, monitoring,
nondevelopment easements, and other
matters that may reasonably come
before the Steens Mountain Advisory
Council.
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Agencies
[Federal Register Volume 70, Number 202 (Thursday, October 20, 2005)]
[Notices]
[Pages 61153-61155]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-20967]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Notice of Intent To Prepare an Environmental Impact Statement for
Amendment of an Incidental Take Permit and the 1997 Habitat
Conservation Plan for Kern County Waste Facilities, Kern County, CA
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of intent.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the National Environmental Policy Act (NEPA), the
Fish and Wildlife Service (Service) advises the public that we intend
to gather information necessary to prepare, in coordination with the
Kern County Waste Management Department (KCWMD), a joint Draft
Environmental Impact Statement/Environmental Impact Report (EIS/EIR) on
the Amendment to the Kern County Waste Facilities Habitat Conservation
Plan and permit number 830963 (Amendment 1). Amendment 1 is being
prepared under Section 10(a)(1)(B) of the Endangered Species Act of
1973, as amended, (ESA). Amendment 1 addresses potential take of
threatened and endangered species at Kern County waste facilities due
to the proposed expansion of the permit area, new covered activities,
and an increase in the number of species covered by Permit 830963. The
term of Permit 830963 shall remain at 50 years, expiring in 2047. KCWMD
intends to request an ESA permit amendment for 5 species federally
listed as threatened or endangered and 14 unlisted species that may
become listed during the term of the permit.
The Service provides 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/EIR; (3) announce the initiation of a public scoping period; and
(4) obtain suggestions and information on the scope of issues to be
included in the EIS/EIR. Written comments will be accepted at the
public meeting. In addition, you may submit
[[Page 61154]]
written comments by mail or facsimile transmission.
DATES: Two public meetings will be held on: Wednesday, November 9, 2005
from 6 p.m. to 8 p.m. and Thursday, November 10, 2005 from 6 p.m. to 8
p.m. Written comments should be received on or before November 21,
2005.
ADDRESSES: The public meetings will be held at the following locations:
Wednesday, November 9, 2005 at 2700 ``M'' Street, First Floor
Conference Room, Bakersfield, CA 93301; and, Thursday, November 10,
2005 at the Mojave Veterans Building, 15580 ``O'' Street, Mojave, CA
93501. Written comments, or questions related to the preparation of the
EIS/EIR and NEPA process should be submitted to Lori Rinek, Division
Chief, Endangered Species Program, U.S. Fish and Wildlife Service,
Sacramento Fish and Wildlife Office, 2800 Cottage Way, W-2605,
Sacramento, California 95825; FAX (916) 414-6713.
FOR FURTHER INFORMATION CONTACT: Sheila Larsen, Fish and Wildlife
Biologist, or Lori Rinek, Division Chief, Endangered Species Program,
at the Sacramento Fish and Wildlife Office at (916) 414-6600.
SUPPLEMENTARY INFORMATION:
Reasonable Accommodation
Persons needing reasonable accommodations in order to attend and
participate in the public meeting should contact Lori Rinek as soon as
possible (see FOR FURTHER INFORMATION CONTACT). In order 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 ESA and Federal regulations prohibit the take of
fish and wildlife species listed as endangered or threatened (16 U.S.C.
1538). The term ``take'' means to harass, harm, pursue, hunt, shoot,
wound, kill, trap, capture, or collect, or to attempt to engage in any
such conduct (16 U.S.C. 1532). Harm includes significant habitat
modification or degradation that actually kills or injures listed
wildlife by significantly impairing essential behavioral patterns,
including breeding, feeding, and sheltering [50 CFR 17.3(c)]. Under
limited circumstances, the Service may issue permits to authorize
incidental take of listed fish or wildlife; i.e., take that is
incidental to, and not the purpose of, otherwise lawful activity.
Regulations governing incidental take permits for threatened and
endangered species are found in 50 CFR 17.32 and 17.22, respectively.
Although take of listed plant species is not prohibited under the
ESA, and therefore cannot be authorized under an incidental take
permit, plant species may be included on a permit in recognition of the
conservation benefits provided to them under a habitat conservation
plan. All species included on an incidental take permit would receive
assurances under the Services ``No Surprises'' regulation [50 CFR
17.22(b)(5) and 17.32(b)(5)].
Permit number 830963 (issued October 24, 1997) provides for
incidental take of 5 federally-listed threatened or endangered animals:
San Joaquin kit fox (Vulpes macrotis mutica), Tipton kangaroo rat
(Dipodomys nitratoides nitratoides), giant kangaroo rat, (Dipodomys
ingens), blunt-nosed leopard lizard (Gambelia silus), desert tortoise
(Gopherus agassizii); one plant, the Hoover's eriastrum (Eriastrum
hooverii); and, one unlisted animal, the San Joaquin antelope squirrel
(Ammospermophilus nelsoni), should it be listed during the 50-year term
of the permit. Incidental take was permitted at 17 KCWMD facilities,
including active and closed sanitary landfills and solid waste transfer
stations. The total permit area was 2,063 acres, of which 1,151 acres
of habitat were expected to be impacted. Activities covered by the
original permit included excavation and on-going operation of sanitary
landfills, which included activities that would result in: inadvertent
burial during waste handling; species contact with potentially toxic
materials, such as contact with contaminant-laden surface and
subsurface leachates from in-place refuse and exposure to toxic gas
emissions from in-place refuse; traffic, noise, lights, and other
disturbance; and exposures to substantially elevated bacterial levels
in decomposing refuse. In addition, potential for habitat loss and
direct take of individuals at solid waste transfer stations was
addressed.
Amendment 1 to permit number 830963 is needed because: (a) KCWMD
has been given responsibility for remediating numerous historical
``burn dumps'' that were capped and abandoned several decades ago and
must now be brought up to current regulatory standards; (b) KCWMD must
acquire and manage large buffer zones around existing and new
facilities; (c) KCWMD must expand facility capacity in some areas; and
(d) there is a reasonable likelihood that additional species may be
listed in the foreseeable future and would need to be addressed. Under
Amendment 1, KCWMD proposes to add approximately 10,500 to 11,000 acres
to the existing 2,063-acre permit area.
KCWMD is not requesting coverage for Hoover's eriastrum under
Amendment 1 as it has been delisted. However, KCWMD is still required
to perform all of its obligations to protect and conserve Hoover's
eriastrum as described in the original permit. Under Amendment 1, KCWD
proposes to extend the geographic scope and scope of permitted
activities for the remaining 5 species covered by the original permit.
Under Amendment 1, KCWMD also requests coverage for 13 additional
species that may be listed in the future: Le Conte's thrasher
(Toxostoma lecontei lecontei), short-nosed kangaroo rat (Dipodomys
nitratoides brevinasus), San Joaquin pocket mouse (Perognathus
inornatus), Mohave ground squirrel (Spermophilis mohavensis), Tulare
grasshopper mouse (Onychomys torridus tularensis), western burrowing
owl (Athene cunicularia), loggerhead shrike (Lanius ludovicianus),
California horned lizard (Phrynosoma frontalis coronata), Bakersfield
smallscale (Atriplex tularensis), lesser saltscale (Atriplex
minuscule), Lost Hills saltbush (Atriplex vallicola), heartscale
(Atriplex cordulata), and desert cymopterus (Cymopterus deserticola).
Species may be added or deleted during the course of the development of
the Amendment 1 proposal based on further analysis, new information,
agency consultation, and public comment.
Under Amendment 1, KCWMD proposes to include up to 13,000 non-
contiguous acres at numerous locations in Kern County, including the
2,063 acres covered by the original permit. The boundaries of the
Amendment 1 area are generally defined as the area of KCWMD's 11 active
and retired waste facilities, transfer stations, and burn dumps,
including a 660 to 1320-foot buffer zone around these facilities. The
proposed Amendment 1 area also includes a number of small (1 to 40-
acre) historical burn dumps which KCWMD is remediating and maintaining
to meet current health and safety standards.
Amendment 1 would address the following proposed covered
activities: (a) Potential expansion of necessary facilities including
transfer stations, landfills, and buffer zones; (b) construction of
roads, drainage facilities, monitoring wells, temporary and permanent
soil stockpiles, facilities for management of landfill gas, recycling
facilities, waste transfer facilities, fences, and other operational
facilities within the active and inactive
[[Page 61155]]
landfill area and buffer zones; (c) long-term operation of waste
facilities, followed by closure of those facilities and long-term post-
closure maintenance of surrounding buffer areas; (d) remediation of
burn dumps, primarily by re-capping and fencing; (e) monitoring,
maintenance of facilities, management of dust and runoff, management of
wind-blown trash, and other routine maintenance and management in
buffer zones; and (f) the potential development of compatible
facilities in buffer zones and remediated burn dumps (such as recycling
or waste processing facilities, or other types of facilities compatible
with the operation and zoning of sanitary landfills, transfer stations,
and burn dumps). No new landfills would be sited.
The effects of proposed covered activities are expected to be
minimized and mitigated through participation in a conservation program
that would be fully described in Amendment 1 to the original Habitat
Conservation Plan. The focus of this proposed conservation program is
to provide long-term protection of covered species by protecting
biological communities in areas of high ecological value within Kern
County. Components of the proposed conservation program are now under
consideration by the Service and KCWMD. These components will likely
include: avoidance and minimization measures, monitoring, adaptive
management, and mitigation measures consisting of preservation,
restoration and enhancement of habitat.
Environmental Impact Statement/Report
KCWMD and the Service have selected Jud Monroe, Environmental
Planning and Documentation (Monroe), to prepare the Draft EIS/EIR. The
joint document will be prepared in compliance with NEPA and the
California Environmental Quality Act (CEQA). Although Monroe will
prepare the EIS/EIR, the Service will be responsible for the scope and
content of the document for NEPA purposes, and KCWMD will be
responsible for the scope and content of the document for CEQA
purposes.
The EIS/EIR will consider the proposed action of amending permit
number 830963, no action (no permit amendment), and a reasonable range
of alternatives, including operational alternatives for KCWMD
facilities that would involve different levels of incidental take from
those likely to occur under the proposed action. A detailed description
of the proposed action and alternatives will be included in the EIS/
EIR. It is anticipated that several alternatives will be developed,
which may vary by the level of conservation, impacts caused by the
proposed activities, permit area, covered species, or a combination of
these factors.
The EIS/EIR will also identify potentially significant impacts on
biological resources, land use, air quality, water quality, mineral
resources, water resources, economics, and other environmental
resources that could occur directly or indirectly with implementation
of the proposed action or alternatives. For all potentially significant
impacts, the EIS/EIR will identify mitigation measures, where feasible,
to reduce these impacts to a level below significance.
Environmental review of the EIS/EIR will be conducted in accordance
with the requirements of NEPA (42 U.S.C. 4321 et seq.), its
implementing regulations (40 CFR parts 1500-1508), other applicable
regulations, and Service procedures for compliance with those
regulations. We are publishing this notice in accordance with Section
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/EIR. More specifically, we provide this notice:
(1) To describe the proposed action and possible alternatives; (2) to
advise other Federal and State agencies, affected Tribes, and the
public of our intent to prepare an EIS/EIR; (3) to announce the
initiation of a public scoping period; and (4) to obtain suggestions
and information on the scope of issues to be included in the EIS/EIR.
The primary purpose of the scoping process is to identify, rather than
to debate, significant issues related to the proposed action. We invite
written comments from interested parties to ensure that the full range
of issues related to the permit request is identified. All comments
received, including names and addresses, will become part of the
official administrative record and may be made available to the public.
Dated: October 14, 2005.
Ken McDermond,
Deputy Manager, California/Nevada Operations Office, Sacramento,
California.
[FR Doc. 05-20967 Filed 10-19-05; 8:45 am]
BILLING CODE 4310-55-P