55800 Federal Register / Vol. 71, No. 185 / Monday, September 25, 2006 / Notices 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

[FEMA–1659–DR] 

New Mexico; Amendment No. 2 to 

Notice of a Major Disaster Declaration 

AGENCY: Federal Emergency 

Management Agency, Department of 

Homeland Security. 

ACTION: Notice. 

SUMMARY: This notice amends the notice 

of a major disaster for the State of New 

Mexico (FEMA–1659–DR), dated August 

30, 2006, and related determinations. 

DATES: Effective Date: September 18, 

2006. 

FOR FURTHER INFORMATION CONTACT: 

Magda Ruiz, Recovery Division, Federal 

Emergency Management Agency, 

Washington, DC 20472, (202) 646–2705. 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that the incident period for 

this disaster is closed effective 

September 18, 2006. 

(The following Catalog of Federal Domestic 

Assistance Numbers (CFDA) are to be used 

for reporting and drawing funds: 97.030, 

Community Disaster Loans; 97.031, Cora 

Brown Fund Program; 97.032, Crisis 

Counseling; 97.033, Disaster Legal Services 

Program; 97.034, Disaster Unemployment 

Assistance (DUA); 97.046, Fire Management 

Assistance; 97.048, Individuals and 

Households Housing; 97.049, Individuals and 

Households Disaster Housing Operations; 

97.050 Individuals and Households 

Program—Other Needs; 97.036, Public 

Assistance Grants; 97.039, Hazard Mitigation 

Grant Program.) 

R. David Paulison, 

Under Secretary for Federal Emergency 

Management and Director of FEMA. 

[FR Doc. 06–8184 Filed 9–22–06; 8:45 am] 

BILLING CODE 9110–10–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

Proposed Low-Effect Habitat 

Conservation Plan for the Offices at 

Parkshore, Folsom, Sacramento 

County, CA 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of availability and 

receipt of an application. 

SUMMARY: Mark III Engineering 

Contractors of Sacramento, California 

(the Applicant), has applied to the 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 threatened valley 

elderberry longhorn beetle (Desmocerus 

californicus dimorphus) associated with 

grading a 6.48-acre project site and 

construction of the Offices at Parkshore, 

a 9-building office complex off 

Parkshore Drive in the Lake Forest 

Technical Center, Folsom, Sacramento 

County, California. The Applicant 

would implement a conservation 

program to minimize and mitigate for 

the project activities, as described in the 

Low-Effect Habitat Conservation Plan 

for the Offices at Parkshore (Plan). 

We request comments on the permit 

application and Plan, and on the 

Service’s preliminary determination that 

the Plan qualifies as a ‘‘low-effect’’

habitat conservation plan, eligible for a 

Categorical Exclusion under the 

National Environmental Policy Act of 

1969, as amended (NEPA). The basis for 

the Categorical Exclusion determination 

is discussed in the Service’s 

Environmental Action Statement (EAS), 

which is also available for public 

review. 

DATES: Written comments should be 

received on or before October 25, 2006. 

ADDRESSES: Please address written 

comments to Lori Rinek, Chief, 

Conservation Planning and Recovery 

Division, Fish and Wildlife Service, 

Sacramento Fish and Wildlife Office, 

2800 Cottage Way, Room W–2605, 

Sacramento, California 95825. Written 

comments may be sent by facsimile to 

(916) 414–6713. 

FOR FURTHER INFORMATION CONTACT: 

Holly Herod, Chief, Sacramento Valley 

Branch, or Nina Bicknese, Senior 

Biologist, at the Sacramento Fish and 

Wildlife Office; telephone: (916) 414–

6600. 

SUPPLEMENTARY INFORMATION: 

Availability of Documents 

Copies of the permit application, 

Plan, and EAS can be obtained from the 

individuals named above (see FOR

FURTHER INFORMATION CONTACT). Copies 

of these documents are available for 

public inspection, by appointment, 

during regular business hours, at the 

Sacramento Fish and Wildlife Office 

(see ADDRESSES). 

Background Information 

Section 9 of the Act and its 

implementing Federal regulations 

prohibit the ‘‘take’’ of fish or wildlife 

species listed as endangered or 

threatened. Take is defined under the 

Act to include the following activities: 

To harass, harm, pursue, hunt, shoot, 

wound, kill, trap, capture or collect 

listed animal species, or to attempt to 

engage in such conduct. However, 

under section 10(a)(1)(B) 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 endangered 

and threatened 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 one federally listed species, the 

threatened valley elderberry longhorn 

beetle, (Desmocerus californicus 

dimorphus), which is referred to as the 

‘‘covered species’’ in the Plan. The 

Applicant would receive ‘‘No 

Surprises’’ assurances for this species 

under the Service’s ‘‘No Surprises’’

regulations (50 CFR 17.22(b)(5) and 

17.32(b)(5)). No other species are 

included in the Plan. 

The Applicant proposes to construct 

eight one-story office buildings and a 

single two-story office building, which 

would collectively provide 74,435 

square feet of new office space. Site 

improvements would include two 

vehicular driveways, a 377-space 

asphalt parking lot, sidewalks, 

pedestrian walkways, underground 

utilities, and landscaping. The 6.48-acre 

project site is the last undeveloped 

portion of an established office park. 

The project site supports degraded 

remnants of scrub and oak woodland 

vegetation, including habitat (e.g., 

elderberry shrubs) for the beetle. 

Elderberry plants are present in three 

locations in the project site. Thirty-nine 

of these elderberry plants exhibit stems 

with basal diameters equal to or greater 

than one inch, which is a sufficient size 

to be habitat for the beetle. An inventory 

identified a single beetle exit-hole, 

indicating that the species is likely 

present in the project site. Resident 

elderberry plants would be permanently 

removed from the project site to 

accommodate the proposed project. 

The Applicant proposes to avoid and 

minimize take and associated adverse 

project impacts to the beetle by fully 

implementing their Plan. The Applicant 

will mitigate the impacts of taking the 

beetle by transplanting the 39 elderberry 

shrubs from the project site to a Serviceapproved conservation bank, and by 

purchasing 11 habitat credits for the 

beetle at the same conservation bank. 

Each habitat credit includes an 

established ratio of elderberry seedlings 


rwilkins on PROD1PC63 with NOTICES
Federal Register / Vol. 71, No. 185 / Monday, September 25, 2006 / Notices 55801 

and native riparian plant seedlings. 

Transplanting outside of the dormant 

period for elderberry shrubs, November 

16 to February 15, would increase the 

likelihood of adult beetles and larvae 

being killed or injured. Therefore, the 

Applicant has agreed to purchase 12 

additional habitat credits from the 

conservation bank (i.e., a total of 23 

credits) if the elderberry shrubs are 

transplanted during the active growing 

season. The Applicant’s Plan also 

describes measures and funding sources 

that ensure the elements of the Plan 

would be implemented in a timely 

manner, actions to be taken if 

unforeseen events occur, and other 

required elements. 

The Service’s proposed action 

consists of approving the Applicant’s 

Plan and issuance of an incidental take 

permit for the Applicant’s project. As 

required by the Act, the Applicant’s 

Plan also considered alternatives to the 

take considered under the proposed 

action. Under the No Action 

Alternative, no permit would be issued, 

the office buildings and parking lot 

would not be built, and no take would 

occur. Under the Reduced Take 

Alternative, the office buildings and 

parking lot would be built, but the size 

and scope would be reduced. This 

alternative would allow some elderberry 

shrubs to remain on the project site with 

fewer elderberry shrubs transplanted to 

the Service-approved conservation 

bank, thus reducing take below the level 

anticipated for the proposed action. 

National Environmental Policy Act 

As discussed in the EAS, the Service 

has made a preliminary determination 

that approval of the proposed Plan and 

issuance of the permit would qualify as 

a Categorical Exclusion under NEPA, as 

provided by Federal regulations (40 CFR 

1500.5(k), 1507.3(b)(2), 1508.4) and the 

Department of Interior Manual (516 DM 

2 and 516 DM8). The EAS found that 

the proposed Plan qualifies as a ‘‘loweffect’’ habitat conservation plan, as 

defined by the Service’s Habitat 

Conservation Planning Handbook 

(November 1996). Determination of loweffect habitat-conservation plans is 

based on the following criteria: (1) 

Implementation of the Plan would result 

in minor or negligible effects on 

federally listed, proposed, and 

candidate species and their habitats; (2) 

implementation of the Plan would result 

in minor or negligible effects on other 

environmental values or resources; (3) 

impacts of the Plan, 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 the preliminary 

determinations in the EAS, the Service 

does not intend to prepare further NEPA 

documentation. The Service will 

consider public comments when making 

the final determination on whether to 

prepare an additional NEPA document 

on the proposed action. 

Public Review 

The Service provides this notice 

pursuant to section 10(c) of the Act and 

the NEPA public-involvement 

regulations (40 CFR 1500.1(b), 

1500.2(d), and 1506.6). The Service will 

evaluate the permit application, 

including the Plan, and comments 

submitted thereon to determine whether 

the application meets the requirements 

of section 10(a) of the Act. If the 

requirements are met, the Service will 

issue a permit to Mark III Engineering 

Contractors for the incidental take of the 

beetle during construction of the Offices 

at Parkshore. The Service will make the 

final permit decision no sooner than 30 

days from the date of this notice. 

Dated: September 19, 2006. 

David L. Harlow, 

Acting Field Supervisor, Sacramento Fish and 

Wildlife Office, Sacramento, California. 

[FR Doc. 06–8161 Filed 9–22–06; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

Draft Comprehensive Conservation 

Plan and Environmental Assessment 

for Stone Lakes National Wildlife 

Refuge 

AGENCY: Fish and Wildlife Service, 

Department of the Interior. 

ACTION: Notice of availability; request 

for comments. 

SUMMARY: The U.S. Fish and Wildlife 

Service (Service) announces that a Draft 

Comprehensive Conservation Plan and 

Environmental Assessment (Draft CCP/ 

EA) for Stone Lakes National Wildlife 

Refuge (Refuge) is available for review 

and comment. Also available for review 

with the Draft CCP/EA are draft 

compatibility determinations for fishing; 

wildlife observation and photography; 

environmental education and 

interpretation; high-speed boating; 

recreational boating associated with 

hunting, fishing, wildlife observation 

and photography; research; plant 

gathering; and mosquito monitoring and 

control. 

DATES: Written comments must be 

received at the address below by 

October 28, 2006. In addition, two 

public meetings will be held on October 

4 and October 5, 2006 from 7 p.m. to 9 

p.m. in California. 

ADDRESSES: For more information on 

obtaining documents and submitting 

comments, see ‘‘Review and Comment’’

under SUPPLEMENTARY INFORMATION. For 

public meeting location see ‘‘Public 

Meetings.’’

FOR MORE INFORMATION CONTACT: Tom 

Harvey, Project Leader at the Stone 

Lakes NWR address under ‘‘Review and 

Comment’’ or David Bergendorf, Refuge 

Planner, at the CA/NV Refuge Planning 

Office address under ‘‘Review and 

Comment’’ or at (916) 414–6503 

(telephone). 

SUPPLEMENTARY INFORMATION: This Draft 

CCP/EA, prepared pursuant to the 

National Wildlife Refuge System 

Administration Act of 1966, as amended 

by the National Wildlife Refuge 

Improvement Act of 1997 (16 U.S.C 

668dd et seq.) as amended and the 

National Environmental Policy Act of 

1969 (42 U.S.C. 4321–4347) as 

amended, describes the Service’s 

proposal for managing the Refuge for the 

next 15 years. 

Review and Comment 

Copies of the Draft CCP/EA may be 

obtained by writing to the U.S. Fish and 

Wildlife Service, Attn: David 

Bergendorf, CA/NV Refuge Planning 

Office, 2800 Cottage Way, W–1832, 

Sacramento, CA 95825–1846. Copies of 

the Draft CCP/EA may be viewed at this 

address or at Stone Lakes National 

Wildlife Refuge, 1624 Hood-Franklin 

Road, Elk Grove, CA 95758. The Draft 

CCP/EA will also be available for 

viewing and downloading online at 

http://www.fws.gov/stonelakes/ 

publicreview.htm. Printed documents 

will also be available for review at the 

following libraries: Sacramento Central 

Library, 828 I Street, Sacramento, CA 

95814; Arden-Dimick Library, 891 Watt 

Avenue, Sacramento, CA 95864; Belle 

Cooledge Library, 5600 South Land Park 

Drive, Sacramento, CA 95822; Elk Grove 

Library, 8962 Elk Grove Blvd., Elk 

Grove, CA 95624; Clarksburg Yolo 

County Library, 52915 Netherlands 

Road, Clarksburg, CA 95612; Colonial 

Heights Library, 4799 Stockton Blvd., 

Sacramento, CA 95820; Courtland 

Library Neighborhood Library, 170 

Primasing Avenue, Courtland, CA 

95615; and the Galt Branch Library 

(Marian O. Lawrence Library), 1000 

Caroline Avenue, Galt, CA 95632. 

Comments on the Draft CCP/EA 

should be addressed to: David 


rwilkins on PROD1PC63 with NOTICES