Federal Register / Vol. 77, No. 77 / Friday, April 20, 2012 / Notices 23747 

protection of serpentine habitat. 

General minimization measures will 

include: 

• Limiting staging and work areas to 

the project site only, or to existing 

paved roads, 

• Removal of all food-related trash 

every 3 days, 

• Prohibiting pets from the project 

site during construction, 

• Restricting ground disturbance to 

the period of July 1 through 

November 30 (generally the dry 

season), unless we authorize 

otherwise, and 

• Maintenance of all equipment to 

avoid fluid leaks. 

The applicant proposes to build a 

0.60-acre residential home, which 

includes the single-family residence, 

detached garage, landscaped area, 

underground water line, and driveway. 

This development will be at the top of 

the property. There will be an 

additional septic system and septic 

leach field area of approximately 0.80 

acre slightly west and downslope from 

the residence. Neither the residence nor 

the leach field area will directly affect 

serpentine species, but could result in 

indirect effects. 

Alternatives 

Our proposed action is approving the 

applicant’s Plan and issuance of an 

incidental take permit for the 

applicant’s covered activities. As 

required by the Act, the applicant’s Plan 

considers alternatives to the take under 

the proposed action. The Plan considers 

the environmental consequences of one 

alternative to the proposed action, the 

No Action Alternative. Under the No 

Action Alternative, we would not issue 

a permit; the applicant would not build 

the proposed single-family residence; 

the project area would continue to 

experience illegal off-road vehicle use, 

illegal trash dumping, and trespassing; 

and no take would occur for the 

construction of the residence and its 

associated structures. For these reasons, 

the No-Action Alternative has been 

rejected. 

Under the Proposed Action 

Alternative, we would issue an 

incidental take permit for the 

applicant’s proposed project, which 

includes the activities described above. 

The Proposed Action Alternative would 

result in permanent loss of 1.40 acres of 

grassland habitat for the Bay 

checkerspot butterfly, Santa Clara 

Valley dudleya, and most beautiful 

jewelflower. To mitigate for these 

effects, the applicant proposes to 

protect, enhance, and manage in 

perpetuity 2.5 acres of on-site 

serpentine grassland. 

National Environmental Policy Act 

As described in our EAS, we have 

made the preliminary determination 

that approval of the proposed Plan and 

issuance of the permit would qualify as 

a categorical exclusion under NEPA (42 

U.S.C. 4321 et seq.), as provided by 

Federal regulations (40 CFR part 1500, 

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

Department of the Interior Manual (516 

DM 2 and 516 DM 8). Our EAS found 

that the proposed plan qualifies as a 

‘‘low-effect’’ habitat conservation plan, 

as defined by our Habitat Conservation 

Planning Handbook (November 1996). 

Determination of low-effect habitat 

conservation plans is based on the 

following three criteria: (1) 

Implementation of the proposed plan 

would result in minor or negligible 

effects on federally-listed, proposed, 

and candidate species and their 

habitats; (2) implementation of the 

proposed plan would result in minor or 

negligible effects on other 

environmental values or resources; and 

(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 

that would be considered significant. 

Based upon the preliminary 

determinations in the EAS, we do not 

intend to prepare further NEPA 

documentation. We will consider public 

comments when making the final 

determination on whether to prepare an 

additional NEPA document on the 

proposed action. 

Public Comments 

We request data, comments, new 

information, or suggestions from the 

public, other concerned governmental 

agencies, the scientific community, 

Tribes, industry, or any other interested 

party on this notice. We particularly 

seek comments on the following: 

1. Biological information concerning 

the species; 

2. Relevant data concerning the 

species; 

3. Additional information concerning 

the range, distribution, population size, 

and population trends of the species; 

4. Current or planned activities in the 

subject area and their possible impacts 

on the species; 

5. The presence of archeological sites, 

buildings and structures, historic 

events, sacred and traditional areas, and 

other historic preservation concerns, 

which are required to be considered in 

project planning by the National 

Historic Preservation Act; and 

6. Identification of any other 

environmental issues that should be 

considered with regard to the proposed 

development and permit action. 

Authority 

We provide 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). We 

will evaluate the permit application, 

including the Plan, and comments we 

receive to determine whether the 

application meets the requirements of 

section 10(a) of the Act. If the 

requirements are met, we will issue a 

permit to the applicant for the 

incidental take of the Bay checkerspot 

butterfly, Santa Clara Valley dudleya, 

and most beautiful jewelflower from the 

implementation of the covered activities 

described in the Low-Effect Habitat 

Conservation Plan for the Bay 

Checkerspot Butterfly and Serpentine 

Grasslands, City of San Jose, Santa Clara 

County, California. We will make the 

final permit decision no sooner than 30 

days after the date of this notice. 

Dated: April 13, 2012. 

Susan Moore, 

Field Supervisor, Sacramento Fish and 

Wildlife Office, Sacramento, California. 

[FR Doc. 2012–9543 Filed 4–19–12; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[LLORP0000.16100000.DQ0000 

LXSS053H0000 HAG10–0234] 

Notice of Availability of the Proposed 

John Day Basin Resource 

Management Plan and Final 

Environmental Impact Statement, 

Oregon. 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Notice of Availability. 

SUMMARY: In accordance with the 

National Environmental Policy Act of 

1969 and the Federal Land Policy and 

Management Act of 1976, the Bureau of 

Land Management (BLM) has prepared 

a Proposed Resource Management Plan 

(RMP)/Final Environmental Impact 

Statement (EIS) for the John Day Basin 

planning area and by this notice is 

announcing its availability. 

DATES: The BLM planning regulations 

state that any person who meets the 

conditions as described in the 

regulations may protest the BLM’s 

Proposed RMP/Final EIS. A person who 

meets the conditions and files a protest 

must file the protest within 30 days of 

the date that the Environmental 


tkelley on DSK3SPTVN1PROD with NOTICES
23748 Federal Register / Vol. 77, No. 77 / Friday, April 20, 2012 / Notices 

Protection Agency publishes its notice 

in the Federal Register. 

ADDRESSES: Copies of the John Day 

Basin Proposed RMP/Final EIS have 

been sent to affected Federal, State, and 

local government agencies and to other 

stakeholders, organizations, agencies 

and interested parties on the John Day 

Basin Resource Management Plan (RMP) 

mailing list. Copies of the Proposed 

RMP/Final EIS are available for public 

inspection at the Prineville Field Office 

during regular business hours (7:45 a.m. 

to 4:30 p.m., Monday through Friday, 

except holidays) at 3050 NE 3rd Street, 

Prineville, Oregon 97754. Interested 

persons may also review the Proposed 

RMP/Final EIS on the Internet at http:// 

www.blm.gov/or/districts/prineville/ 

plans/johndayrmp/jdbdocuments.php. 

All protests must be in writing and 

mailed to one of the following 

addresses: 

Regular Mail: Director (210), Attn: 

Brenda Hudgens-Williamsm, P.O. Box 

71383, Washington, DC 20024–1383. 

Overnight Mail: Director (210), Attn: 

Brenda Hudgens-Williams, 20 M Street 

SE., Room 2134LM, Washington, DC 

20003. 

FOR FURTHER INFORMATION CONTACT: For 

further information, contact Monte Kuk, 

John Day Basin RMP Project Leader, 

BLM Prineville Field Office, 3050 NE 

3rd Street, Prineville, Oregon 97754; 

telephone (541) 416–6700; email 

John_Day_Basin_RMP@blm.gov. Persons 

who use a telecommunications device 

for the deaf (TDD) may call the Federal 

Information Relay Service (FIRS) at 1– 

800–877–8339 to contact the above 

individual during normal business 

hours. The FIRS is available 24 hours a 

day, 7 days a week, to leave a message 

or question with the above individual. 

You will receive a reply during normal 

business hours. 

SUPPLEMENTARY INFORMATION: The 

planning area is located in parts of 

Sherman, Gilliam, Morrow, Umatilla, 

Grant, Wheeler, Jefferson, and Wasco 

Counties in the State of Oregon, 

covering 456,000 acres of BLM-managed 

public land. Prior to this plan, the 

public land in this area was managed 

under three RMPs, which were 

completed in the 1980s: John Day RMP 

(Record of Decision signed 1985), Two 

Rivers RMP (1986), and Baker RMP 

(1989). The John Day RMP was 

amended in 1995. In 2001, the John Day 

River Plan amended portions of all three 

RMPs. New information and changed 

circumstances are cause for the BLM to 

update these plans. Changed 

circumstances include, but are not 

limited to: Acquisition of 44,000 acres 

along North Fork John Day River, 

congressional designation of the Spring 

Basin Wilderness, heightened public 

interest in BLM management actions, 

increasing demand for recreation 

activities on public lands, and expanded 

scientific knowledge and information 

pertaining to the conservation of aquatic 

species. 

In February 2006, the BLM published 

a Notice of Intent to prepare an EIS and 

initiate revision/amendment of the 

existing RMPs. In March 2006, the BLM 

hosted five public open houses across 

the planning area and in Portland, 

Oregon, to solicit public input on the 

issues to be addressed. The BLM 

published results of public input and an 

Analysis of the Management Situation 

in December 2006, followed by four 

public open houses across the planning 

area to solicit input on criteria to be 

used in development of alternatives. 

Throughout the planning process the 

BLM maintained updated wilderness 

characteristics inventories for all lands 

outside of areas designated as 

Wilderness or Wilderness Study Areas 

(WSA) to determine lands with 

wilderness characteristics (LWCs) in the 

planning area. After publication of the 

Draft RMP in October 2008, the BLM 

hosted a series of open houses 

throughout Oregon to present proposed 

actions in the Draft RMP and gather 

public comment. Public comments were 

accepted from October 30, 2008, to 

January 29, 2009. Comments were 

submitted via U.S. mail, direct email, 

email generated from the planning Web 

page, orally at open houses, and via 

telephone. 

The BLM also met regularly with the 

John Day/Snake Resource Advisory 

Council and with representatives of 

local, State, and other Federal 

government agencies, as well as tribal 

governments. Additionally, the BLM 

maintained a public Web site and 

mailed periodic newsletters with 

information on the plan’s status. 

Comments on the Draft RMP/Draft EIS 

received from the public, John Day/ 

Snake Resource Advisory Council, John 

Day Basin RMP Cooperating Agencies, 

and internal BLM review were 

considered and incorporated as 

appropriate into the proposed plan. 

Public comments resulted in the 

addition of clarifying text, but did not 

significantly change proposed land use 

plan decisions. 

The Proposed RMP/Final EIS analyzes 

five alternatives. Alternative 1 (no 

action) would continue the current 

management goals, objectives, and 

direction specified in the existing RMPs. 

Alternative 2 (Proposed Resource 

Management Plan) would provide a mix 

of recreational opportunities, economic 

opportunities, and resource protection. 

Changes from Alternative 1 to 2 include: 

(a) Development of an interim road 

system and a process for developing a 

final transportation plan; 

(b) A reduction in areas ‘‘open’’ for 

motorized use off of roads; 

(c) Synthesized management direction 

to achieve forest and upland health 

goals while providing for timber and 

forage production and wildfire 

prevention; 

(d) Management direction for the 

North Fork John Day River lands that, in 

accordance with the land acquisition 

legislation, protects native fish, wildlife 

habitat, and public recreation; 

(e) Addition of an integrated strategy 

to address fish, water quality, and water 

quantity together; 

(f) Provides management protection of 

wilderness characteristics on 19,442 of 

the 35,457 acres identified as Lands 

with Wilderness Characteristics, and a 

determination that management for 

other resource considerations is more 

appropriate on the remaining 16,015 

acres; 

(g) Use of ‘‘appropriate response’’ 

rather than full suppression of all 

wildfires; 

(h) A process for addressing permit/ 

lease relinquishment for grazing 

allotments; and 

(i) Wild and Scenic River suitability 

recommendation for 37 miles of the 

North Fork River. 

Alternatives 3, 4, and 5 are similar to 

Alternative 2 in most instances, but 

provide variation in the amount of 

roadway open for motorized travel, the 

number of areas open to off-road 

motorized use, the amount of LWC 

protected, the number and 

classifications of river segments deemed 

suitable for inclusion in the National 

Wild and Scenic River System, and the 

number of acres where livestock grazing 

is permitted. 

The BLM Proposed RMP (Alternative 

2) and Alternatives 3, 4, and 5 (the 

Action Alternatives) propose immediate 

designation of five new Areas of Critical 

Environmental Concern (ACEC), totaling 

62,407 acres. This total includes the 

1,153-acre expansion of the existing 

Horn Butte ACEC. 

The largest of the new proposed 

ACECs is the 38,168-acre John Day 

Paleontological ACEC that would 

complement the adjacent John Day 

Fossil Beds National Monument and 

partially overlap the existing Sutton 

Mountain WSA. Resource use 

limitations associated with designation 

of this ACEC where it overlaps the WSA 

would include closure to salable, 

locatable and leasable minerals, a No 

Surface Occupancy (NSO) stipulation 


tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 77 / Friday, April 20, 2012 / Notices 23749 

for energy and communication site 

development, exclusion from rights-ofway, management to Visual Resource 

Management Class II (VRM II) 

standards, and limiting vehicle use to 

designated roads and trails. Use 

limitations associated with this ACEC 

where it does not overlap with the 

Sutton Mountain WSA would be similar 

except for an NSO stipulation for 

mineral leasing, and other special 

stipulations for developments for 

energy, communication sites, and rightsof-way. Other proposed ACECs include 

the 6,639-acre Black Canyon RNA/ 

ACEC, which would protect several 

sensitive plants and unique plant 

communities. Use limitations for this 

proposed ACEC include exclusion of 

livestock grazing, closure to off-highway 

motorized vehicles, an NSO stipulation 

for mineral leasing, closure to salable 

mineral, energy and communication site 

development, and exclusion of rights-ofway. The proposed plan would also add 

1,153 acres to the existing 5,999-acre 

Horn Butte ACEC to protect Washington 

ground squirrel habitat. Use limitations 

for the expanded Horn Butte ACEC 

include management to VRM II 

standards, prohibition of mechanical 

noxious weed control in Fourmile 

Canyon, an NSO stipulation for mineral 

leasing, closure to salable minerals and 

energy and communication site 

development, and exclusion of rights-ofway. Also proposed is the addition of 

the North Fork John Day River (16,837 

acres), Armstrong Canyon (3,885 acres) 

and Ferry Canyon (2,364 acres) ACECs 

to protect visual resource values. Use 

limitations include management to VRM 

II standards, NSO stipulation for 

mineral leasing, closure to 

communication site development, and 

exclusion of rights-of-way. The 

proposed plan also eliminates the 

existing Spanish Gulch ACEC (333 

acres). In the event that Congress 

releases any of the three WSAs along the 

lower John Day River (Lower John Day, 

North Pole Ridge, and Thirtymile) from 

WSA status, the released lands would 

be designated as ACECs to preserve 

scenic and other values. Use limitations 

would include management to VRM II 

standards, NSO stipulation for mineral 

leasing and closure to salable minerals, 

closure to energy and communication 

site development, and exclusion of 

rights-of-way (except for the existing 

PGE pipeline right-of-way). For more 

detailed information on each ACEC 

proposal, see the Special Designations 

section in the Proposed RMP/Final EIS. 

Instructions for filing a protest with 

the Director of the BLM regarding the 

Proposed RMP/Final EIS may be found 

in the ‘‘Dear Reader’’ letter of the John 

Day Basin Proposed RMP/Final EIS and 

at 43 CFR 1610.5–2. Emailed and faxed 

protests will not be accepted as valid 

protests unless the protesting party also 

provides the original letter by either 

regular or overnight mail postmarked by 

the close of the protest period. Under 

these conditions, the BLM will consider 

the emailed or faxed protest as an 

advanced copy and it will receive full 

consideration. If you wish to provide 

the BLM with such advance 

notification, please direct faxed protests 

to the attention of the BLM protest 

coordinator at 202–912–7212, and 

emails to 

Brenda_Hudgens_Williams@blm.gov. 

All protests, including the follow-up 

letter to emails or faxes, must be in 

writing and mailed to the appropriate 

address as set forth in the ADDRESSES

section above. 

Before including your address, phone 

number, email address, or other 

personal identifying information in your 

protest, you should be aware that your 

entire protest—including your personal 

identifying information—may be made 

publicly available at any time. While 

you can ask us in your letter to withhold 

your personal identifying information 

from public review, we cannot 

guarantee that we will be able to do so. 

Authority: 40 CFR 1506.6 and 1506.10 43 

CFR 1610.2 and 1610.5. 

Edward W. Shepard, 

State Director, Oregon/Washington. 

[FR Doc. 2012–9502 Filed 4–19–12; 8:45 am] 

BILLING CODE 4310–33–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[LLOR957000–L63100000–HD0000: HAG12– 

0168] 

Filing of Plats of Survey: Oregon/ 

Washington 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Notice. 

SUMMARY: The plats of survey of the 

following described lands are scheduled 

to be officially filed in the Bureau of 

Land Management Oregon/Washington 

State Office, Portland, Oregon, 30 days 

from the date of this publication. 

WILLAMETTE MERIDIAN 

Oregon 

T. 12 S., R. 2 E., accepted April 6, 2012 

T. 27 S., R. 12 W., accepted April 12, 2012 

T. 39 S., R. 3 E., accepted April 12, 2012 

T. 28 S., R. 11 W., accepted April 12, 2012 

ADDRESSES: A copy of the plats may be 

obtained from the Land Office at the 

Bureau of Land Management, Oregon/ 

Washington State Office, 333 SW. 1st 

Avenue, Portland, Oregon 97204, upon 

required payment. A person or party 

who wishes to protest against a survey 

must file a notice that they wish to 

protest (at the above address) with the 

Oregon/Washington State Director, 

Bureau of Land Management, Portland, 

Oregon. 

FOR FURTHER INFORMATION CONTACT: Kyle 

Hensley, (503) 808–6124, Branch of 

Geographic Sciences, Bureau of Land 

Management, 333 SW. 1st Avenue, 

Portland, Oregon 97204. Persons who 

use a telecommunications device for the 

deaf (TDD) may call the Federal 

Information Relay Service (FIRS) at 

1–800–877–8339 to contact the above 

individual during normal business 

hours. The FIRS is available 24 hours a 

day, 7 days a week, to leave a message 

or question with the above individual. 

You will receive a reply during normal 

business hours. 

SUPPLEMENTARY INFORMATION: Before 

including your address, phone number, 

email 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. 

Timothy J. Moore, 

Acting Chief, Cadastral Surveyor of Oregon/ 

Washington. 

[FR Doc. 2012–9570 Filed 4–19–12; 8:45 am] 

BILLING CODE 4310–33–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[LLWO620000.L18200000.XH0000] 

Call for Nominations for Resource 

Advisory Councils 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Notice. 

SUMMARY: The purpose of this notice is 

to reopen the request for public 

nominations for certain Bureau of Land 

Management (BLM) Resource Advisory 

Councils (RAC) that have member terms 

expiring this year. These RACs provide 

advice and recommendations to the 

BLM on land use planning and 

management of the National System of 


tkelley on DSK3SPTVN1PROD with NOTICES