3152 Federal Register / Vol. 63, No. 13 / Wednesday, January 21, 1998 / Notices

Missouri, and Kentucky. RCWs nest in

cavities constructed in living mature

(typically > 60 years old) pine trees. The

RCW is a cooperative breeder living in

groups of one to nine birds with each

bird nesting in a cavity; the aggregate of

cavity trees is called a cluster. RCWs

prefer longleaf pine forests, but it will

also utilize loblolly, pond, slash,

shortleaf, and even Virginia pines.

Without periodic fire to control

hardwoods, RCWs will abandon cluster

sites. The decline of the RCW has

resulted primarily from loss of its

mature southern pine habitat from

logging and conversion to non-forest

and from fire exclusion.

Recovery activities for the RCW are

focused on public lands. However,

private lands are also important for the

RCW in the Service’s recovery strategy

by: (1) Providing supplement habitat

where the federal land base is

insufficient to support recovery; (2)

establishing and maintaining

connection between and within

populations on public lands; and/or, (3)

providing a supply of juvenile RCWs for

translocation into defined recovery

populations. Unfortunately, RCWs on

private lands have fared poorly because

landowners are not inclined to manage

their lands for RCW habitat because the

bird’s presence might impose

restrictions on timber harvesting and

development. The Service believes the

private land RCW clusters that are

geographically isolated will eventually

cease to exist if private landowners are

not encouraged to manage their lands

for these birds.

The applicant, International Paper

Company, proposes to sustain RCWs on

its lands through the creation of a

migration bank on its SEF property in

Bainbridge, Georgia. This proposed

mitigation bank at SEF currently

contains 5300 acres of contiguous

forests and the applicant proposes to

establish and keep 3000 acres of high

quality RCW habitat at this site. This

would be enough habitat to eventually

support about 25–30 RCW groups.

Currently there are about 1500 acres of

high quality RCW habitat and two RCW

groups at SEF. The applicant is

proposing translocation, cavity

augmentations, and intensive habitat

management at the SEF site to increase

the RCW population. The applicant

currently has 18 known RCW groups on

its lands in Louisiana, Alabama,

Georgia, and South Carolina, and they

will keep their baseline responsibility of

18 RCW groups at the proposed

mitigation bank at SEF, with the Service

and state concurrence. The Service

believes the applicants’ extant RCW

population will ultimately benefit from

this proposed mitigation bank in that a

more stable RCW population will be

created and the applicant will be better

able to intensively manage the RCWs at

SEF.

The EA considers the environmental

consequences of three alternatives, in

addition to the proposed action. The no

action alternative may result in loss of

habitat and individual groups of

Picoides borealis due to fragmented

habitat, geographic isolation of the

groups, and lack of intensive

management. The proposed action

alternative is issuance of the ITP with

mitigation on the applicant’s property.

To compensate for the proposed taking

of RCW groups, the applicant proposes

to establish RCW groups on SEF before

any taking occurs. The applicant also

proposes to sell mitigation credits to

third parties seeking incidental take

permits for RCW on other private lands

should additional groups above baseline

be created during the life of the

mitigation bank. The third alternative is

to issue the ITP and mitigate for the

taking of RCW groups on federal, state,

or other private lands. The fourth

alternative is for the Service to provide

financial incentives to the applicant to

intensively manage the RCW clusters on

their lands.

As stated above, the Service has made

a preliminary determination that the

issuance of the ITP is not a major

Federal action significantly affecting the

quality of the human environment

within the meaning of Section 102(2)(C)

of NEPA. This preliminary information

may be revised due to public comment

received in response to this notice and

is based on information contained in the

EA and HCP. An appropriate excerpt

from the FONSI reflecting the Service’s

finding on the application is provided

below:

Based on the analysis conducted by

the Service, it has been determined that:

1. Issuance of an ITP will not

appreciably reduce the likelihood of

survival and recovery of the affected

species in the wild.

2. This HCP contains provisions

which sufficiently minimize and

mitigate the impacts to the extent

practicable.

3. Issuance of an ITP would not have

significant effects on the human

environment in the project area.

4. The proposed take is incidental to

an otherwise lawful activity.

5. Adequate funding will be provided

to implement the measures proposed in

the submitted HCP.

The Service will also evaluate

whether the issuance of a Section

10(a)(1)(B) ITP complies with Section 7

of the Act by conducting an intraService Section 7 consultation. The

results of the biological opinion, in

combination with the above findings,

will be used in the final analysis to

determine whether or not to issue the

ITP.

Dated: January 13, 1998.

H. Dale Hall,

Deputy Regional Director.

[FR Doc. 98–1332 Filed 1–20–98; 8:45 am]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

Availability of an Environmental

Assessment and Receipt of an

Application for an Endangered Species

Act Incidental Take Permit for the U.S.

Borax Project in Kern County, CA

AGENCY: Fish and Wildlife Service.

ACTION: Notice of availability.

SUMMARY: U.S. Borax, Incorporated has

applied to the Fish and Wildlife Service

for a 50-year incidental take permit

pursuant to section 10(a)(1)(B) of the

Endangered Species Act of 1973, as

amended (Act). In the 1,940-acre project

area near the town of Boron, Kern

County, California, the Service proposes

to issue an incidental take permit and

provide assurances to the applicant for

the threatened desert tortoise (Gopherus

agassizii) and the following Federal

species of concern: Mojave ground

squirrel (Spermophilus mohavensis),

American badger (Taxidea taxus), Le

Conte’s thrasher (Toxostoma lecontei),

loggerhead shrike (Lanius ludovicianus),

burrowing owl (Athene cunicularia),

desert kit fox (Vulpes acrotis arsipus),

greenest tiger beetle (Cicindela

tranquebarica viridissima), Mojave

spineflower (Chorizanthe spinosa), and

sagebrush loeflingia (Loeflingia

squarrosa var. artemisiarum). The

proposed permit would be effective

upon issuance for species currently

listed under the Act. The permit would

become effective for unlisted species

included in the permit upon their listing

under the Act. This notice opens the

comment period on the Environmental

Assessment and permit application

package, which includes a Habitat

Conservation Plan and Implementation

Agreement. The Service specifically

requests comment on the

appropriateness of the ‘‘No Surprises’’

assurances contained in section V.C.1 of

the Implementation Agreement. All

comments received, including names

and addresses, will become part of the

administrative record and may be made

available to the public.
Federal Register / Vol. 63, No. 13 / Wednesday, January 21, 1998 / Notices 3153

DATES: Written comments on the Habitat

Conservation Plan, Environmental

Assessment, and Implementation

Agreement should be received on or

before February 20, 1998.

ADDRESSES: Comments should be

addressed to Diane K. Noda, Field

Supervisor, Fish and Wildlife Service,

2493 Portola Road, Suite B, Ventura,

California 93003. Written comments

may also be sent by facsimile to (805)

644–3958.

FOR FURTHER INFORMATION CONTACT: Kirk

Waln, Fish and Wildlife Biologist, at the

above address; telephone (805) 644–

1766.

SUPPLEMENTARY INFORMATION:

Availability of Documents

Individuals wishing copies of the

documents should immediately contact

the Service’s Ventura Fish and Wildlife

Office at the above referenced address,

or by telephone at (805) 644–1766.

Documents will also be available for

public inspection, by appointment,

during normal business hours at the

above address.

Background Information

U.S. Borax proposes to enlarge its

open pit borate mining operation and

expand its overburden disposal piles

near the town of Boron in Kern County,

California. This site is known to support

a population of the threatened desert

tortoise and may support populations of

Mojave ground squirrel, American

badger, Le Conte’s thrasher, loggerhead

shrike, burrowing owl, desert kit fox,

greenest tiger beetle, Mojave

spineflower, and sagebrush loeflingia,

all Federal species of concern.

Federally listed, threatened, and

endangered species are protected

pursuant to section 9 of the Act against

take; that is, no one may harass, harm,

pursue, hunt, shoot, wound, kill, trap,

capture or collect the species, or attempt

to engage in such conduct (16 U.S.C.

1538). The Service, however, may issue

permits to take listed animal species if

such taking is incidental to, and not the

purpose of, otherwise lawful activities.

Regulations governing permits for

endangered and threatened species are

at 50 CFR 17.22 and 17.32. Although no

incidental take authorization is required

for listed plant species, impacts to these

species must be addressed in the intraService consultation required pursuant

to section 7(a) of the Act.

The Environmental Assessment

considers the environmental

consequences of four alternatives: the

proposed action, no action, use of

existing overburden pile areas, and

backfilling. The no action alternative

was found to be economically infeasible

because U.S. Borax would be required to

cease operations before the existing

borate ore body was fully removed. The

use of existing overburden pile areas

was found infeasible because it would

result in overburden piles

approximately 1,200 feet in elevation

above the surrounding landscape and be

wholly incompatible with the existing

landscape. The backfilling alternative

was found infeasible because mineable

calcium borate ores underlie the sodium

borate ores that are the current focus of

mining operations. At this time it is not

economically feasible to mine calcium

borate ores; however, backfilling of the

pit would prevent their later use should

economic conditions change. The no

action, use of existing overburden pile

areas, and backfilling alternatives would

result in the loss of significantly less

habitat than the preferred alternative.

However, none of the mitigation

measures under the proposed

alternative would occur, including

protecting and providing a management

endowment for approximately 2,274

acres of high quality creosote bush scrub

habitat.

The proposed action would result in

the loss of 1,525 acres of disturbed

creosote bush scrub habitat and 415

acres of land heavily degraded by past

mining activities. This action could

directly and indirectly affect the species

described above. The Service proposes

to issue an incidental take permit to the

applicant for the incidental take of

desert tortoises, and for the incidental

take of other covered species should

such authorization be necessary (i.e.,

should unlisted covered species be

listed as threatened or endangered in

the future, or should take authorization

for plants become necessary). In

addition, the applicant seeks Federal

assurances that no additional land

restrictions or financial compensation

would be required for species

adequately covered by the Habitat

Conservation Plan. To accomplish this,

all species covered in the Plan would be

included in the incidental take permit

on the condition that all permit issuance

criteria are met and that the provisions

of the Plan and Implementation

Agreement are executed.

The proposed Federal action would

authorize the incidental take of all

desert tortoises within the project area.

The Service anticipates that all Mojave

ground squirrels, American badgers,

burrowing owls, Le Conte’s thrashers,

loggerhead shrikes, greenest tiger

beetles, and all individual Mojave

spineflowers and sagebrush loeflingias

would be removed or displaced from the

project area through implementation of

this action. Because habitat loss

associated with this action would occur

in small increments over many years,

individual Mojave ground squirrels,

American badgers, burrowing owls, Le

Conte’s thrashers, and loggerhead

shrikes may avoid injury or death by

moving to appropriate habitats off-site.

To minimize the effects of the

proposed project, the proponent would

undertake the following measures: An

education program would be presented

to all personnel working in the project

area; preconstruction surveys by

qualified biologists would be conducted

and listed species removed from harm’s

way; a berm would be built to prevent

desert tortoises from re-entering the

area; vehicular traffic would be

restricted to designated routes and a 25-

mile-per-hour speed limit enforced;

trash would be contained; and no

firearms or pets would be permitted on

site.

To mitigate the effects of the proposed

project, the applicant proposes habitat

reclamation and compensation.

Following completion of mining, the

applicant would reclaim the overburden

piles through appropriate grading and

revegetation. To mitigate for remaining

adverse effects, the proponent would

protect approximately 2,274 acres of

high quality creosote bush scrub habitat

and provide a management endowment

for that habitat.

This notice is provided pursuant to

section 10(c) of the Endangered Species

Act and the regulations of the National

Environmental Policy Act of 1969 (40

CFR 1506.6). The Service will evaluate

the application, associated documents,

and comments submitted thereon to

determine whether the application

meets the requirements of the National

Environmental Policy Act and section

10(a)(1)(B) of the Endangered Species

Act. If the Service determines that the

requirements are met, a permit will be

issued for the incidental take of the

covered species. The final permit

decision will be made no sooner than 30

days from the date of this notice,

notwithstanding a temporary

moratorium on issuing permits with

‘‘No Surprises’’ assurances.

Dated: January 9, 1998.

Michael J. Spear,

Regional Director, Region 1, Portland, Oregon.

[FR Doc. 98–1333 Filed 1–20–98; 8:45 am]

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