Federal Register / Vol. 63, No. 101 /Wednesday, May 27, 1998 / Notices 29021

Endangered Species Act of 1973, as

amended, to the City of Sacramento,

California, for the Natomas Basin

Habitat Conservation Plan (Plan). The

assigned permit number is PRT–823773.

Prior to issuance of the incidental take

permit, the Service had agreed, in

settlement of pending court litigation

Spirit of the Sage Council v. Babbitt

(D.D.C.), to request public comment on

the appropriateness of including the

Department of the Interior’s and

Department of Commerce’s joint Habitat

Conservation Plan Assurances (‘‘No

Surprises Assurances’’) in all incidental

take permit applications noticed for

public comment in the Federal Register

after March 18, 1997, pending a final

determination by the agencies regarding

the policy. In the Federal Register

notice of June 18, 1997 (62 FR 33400),

the Service specifically requested public

comment on the No Surprises

assurances in the Plan. In a subsequent

stipulation in the litigation, the Service

agreed not to issue any incidental take

permits after December 29, 1997, that

contained No Surprises Assurances

until making a final determination on

the proposed No Surprises rule. Because

the Plan had been completed and the

permit applicant wished to proceed

with activities under the Plan, the

Service issued the permit on December

31, 1997, without the ‘‘No Surprises’’

assurances that otherwise would have

accompanied the permit. This was

accomplished by adding term and

condition K. to the permit which

rendered inoperative the No Surprises

assurances contained in the Plan and

Implementing Agreement. On February

23, 1998, the Department of the Interior

(Fish and Wildlife Service) and

Department of Commerce (National

Marine Fisheries Service) published the

Habitat Conservation Plan Assurances

(‘‘No Surprises’’) final rule (63 FR 35),

thus fulfilling the final condition of the

court settlement.

The purpose of the proposed permit

amendment is to reinstate the ‘‘No

Surprises’’ assurances into the City of

Sacramento’s incidental take permit for

the Natomas Basin Plan, as described in

condition K. of the permit and as

outlined in sections 6.9.2–6.9.4 of the

Plan’s Implementing Agreement. This

permit amendment would result in no

substantive changes to the Natomas

Basin Plan or any of its supporting

documents.

DATES: Written comments on the

addition of No Surprises Assurances to

the incidental take permit should be

received on or before June 26, 1998.

ADDRESSES: Comments should be

addressed to the Fish and Wildlife

Service, Sacramento Fish and Wildlife

Office, 3310 El Camino, Suite 130,

Sacramento, California 95821–6340.

Please refer to permit number PRT–

823773 when submitting comments on

this provision. Individuals wishing

copies of the Plan or Implementing

Agreement for review should

immediately contact the above office.

Documents also will be available for

public inspection, by appointment,

during normal business hours at the

above address.

FOR FURTHER INFORMATION CONTACT: Mr.

William Lehman, Sacramento Fish and

Wildlife Office, telephone (916) 979–

2129.

Dated: May 18, 1998.

Thomas J. Dwyer,

Acting Regional Director, Region 1, Portland,

Oregon.

[FR Doc. 98–13950 Filed 5–26–98; 8:45 am]

BILLING CODE 4310–55–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

Availability of an Environmental

Assessment and Receipt of an

Application for an Incidental Take

Permit for the Quail Hollow Quarry,

Santa Cruz County, CA

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Notice of availability.

SUMMARY: Graniterock Company of

Watsonville, California, has applied to

the Fish and Wildlife Service for an

amendment to an incidental take permit

pursuant to the Endangered Species Act

of 1973, as amended (Act). The Service

proposes to issue an amendment to

Graniterock’s incidental take permit

(PRT–830417) for the federally listed

endangered Mount Hermon June beetle

(Polyphylla barbata), Zayante bandwinged grasshopper (Trimerotropis

infantilis), Ben Lomond wallflower

(Erysimum teretifolium), and Ben

Lomond spineflower (Chorizanthe

pungens var. hartwegiana) in the future

mining area at the Quail Hollow Quarry,

located in Santa Cruz County,

California. This notice announces the

availability of the permit application

and the Environmental Assessment for

public review and comment. The permit

application includes the Habitat

Conservation Plan for the Quail Hollow

Quarry and an Implementation

Agreement. All comments received,

including names and addresses, will

become part of the administrative record

and may be made available to the

public.

DATES: Written comments should be

received on or before June 26, 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:

David Pereksta, 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

telephone. Documents will also be

available for public inspection, by

appointment, during normal business

hours at the above address.

Background Information

Graniterock Company (Applicant)

currently has authorization from the

County of Santa Cruz to mine sand in

areas A, B, and C of the Quail Hollow

Quarry (known as the current mining

area). Mining would be conducted in

two phases. The Applicant has

completed mining in area A and

presently is mining in areas B and C of

the current mining area (phase one)

where populations of the endangered

Mount Hermon June beetle, Zayante

band-winged grasshopper, Ben Lomond

wallflower, and Ben Lomond

spineflower occur. The Applicant

received an incidental take permit from

the Service for phase one on August 1,

1997. The sand source in the current

mining area is expected to last for only

a few years. During phase two, the

Applicant intends to expand mining

into an area known as the future mining

area. The Applicant has applied to the

Service to amend the initial 3-year

incidental take permit to a 100-year

permit. For context, the Habitat

Conservation Plan covers both the

current and future mining areas.

The Applicant needs an incidental

take permit from the Service because

listed wildlife species are protected

against ‘‘take’’ pursuant to section 9 of

the Act. That is, no one may 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). 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
29022 Federal Register / Vol. 63, No. 101 /Wednesday, May 27, 1998 / Notices

governing permits for endangered

species are at 50 CFR 17.22.

Section 9 of the Act generally does

not prohibit take of federally listed

plants on private lands unless the take

or action resulting in take would violate

State law. The Applicants have

requested a permit for plants to the

extent that their take would be a

violation of the Act. Impacts to listed

plants also must be addressed in the

intra-Service consultation required

pursuant to section 7(a) of the Act.

The Service proposes to issue a 100-

year permit to the Applicant for

incidental take of four listed species

during phase two of proposed mining

activities in the future mining area of

Quail Hollow Quarry. The proposed

action would result in the loss of habitat

for, and individuals of, the Mount

Hermon June beetle, Zayante bandwinged grasshopper, Ben Lomond

wallflower, and Ben Lomond

spineflower in the future mining area as

the natural vegetation communities in

which they are found are removed

during mining operations. This action

could directly and indirectly affect the

species described above (the Plan

Species).

The proposed action would authorize

the incidental take of all Mount Hermon

June beetles and Zayante band-winged

grasshoppers in the future mining area

on approximately 83 acres of the 220-

acre quarry site. The future mining area

contains approximately 27 acres of

suitable habitat for these listed wildlife

species. In addition, 5 acres of habitat

occupied by the Ben Lomond

wallflower and 5.5 acres of habitat

occupied by the Ben Lomond

spineflower would be lost from the

future mining area.

The Applicant developed a Habitat

Conservation Plan as part of a

settlement agreement for litigation it

had filed seeking a vested right to mine

the entire quarry. This agreement set out

to resolve all of the endangered species

and habitat protection issues on the

property. Under this agreement, the

Applicant, Santa Cruz County, Sierra

Club, California Native Plant Society,

and the South Ridge Watershed

Association established the minimum

mitigation requirements under which

continued sand mining in Quail Hollow

Quarry would be allowed. The

agreement is in the form of a stipulation

for entry of judgment (Stipulation

Agreement).

Consistent with this Stipulation

Agreement, the Habitat Conservation

Plan proposes the following

minimization and mitigation measures

for phase two mining. At the time the

Applicant receives authorization to

commence mining in the future mining

area, and prior to habitat disturbance

within the future mining area, it will: (1)

grant a conservation easement in

perpetuity to Santa Cruz County for the

20.6-acre West Ridge Habitat Set Aside

and provide for protection and longterm management of the area; (2)

provide funding for and carry-out longterm management of the 32.6-acre South

Ridge Habitat Set Aside which the

County of Santa Cruz is legally entitled

and committed to purchase at the agreed

upon fair market value; (3) implement

all provisions of the Habitat

Conservation Plan in order to avoid

disturbing Plan Species in all areas of

the quarry property except for areas

within the current and future mining

areas, overburden and stockpile areas,

and existing access road, as shown in

Map 2 of the Habitat Conservation Plan;

(4) provide written agreement to protect

in perpetuity from any and all

disturbance all areas of the project site

(except for areas within the current and

future mining areas, overburden and

stockpile areas, and existing access road

as shown in Map 2) containing the Plan

Species, State listed species, and

County-defined rare, endangered, or

threatened species and sensitive

habitats; (5) enhance 3 acres of

disturbed sand parkland and 5.2 acres of

disturbed maritime chaparral on the

project site in a location satisfactory to

the County of Santa Cruz, the Service

and the California Department of Fish

and Game; (6) protect and provide long

term management of the on-site

restoration areas, along with the 32.2-

acre North and West Ridge habitat set

asides; and (7) revegetate slopes within

the future mining area with the goal of

reestablishing habitat for the Plan

Species.

Environmental Assessment

The Environmental Assessment

considers the environmental

consequences of the proposed action

and no action alternatives. A no take

alternative was not feasible due to the

widespread distribution of the Plan

Species on-site. Under the proposed

action, the Applicant would implement

phase two of their Habitat Conservation

Plan consistent with the Stipulation

Agreement (see Background for a

description of the proposed action).

Under the no action alternative, the

Service would not issue an incidental

take permit to the Applicant and a

Habitat Conservation Plan would not be

implemented. The Applicant would

continue to mine areas B and C until the

sand supply was exhausted. The

Applicant would then reclaim all

previously disturbed areas of the quarry

consistent with their reclamation plan

as required by the Surface Mining and

Reclamation Act. The Applicant would

be prevented from legally carrying out

mining in other areas of the quarry due

to the presence of listed animal species

in the area. The no action alternative

would negate the terms of the

Stipulation Agreement and could result

in continued and lengthy litigation. In

the meantime, the absence of the Habitat

Conservation Plan would effectively

preclude the sale of the South Ridge

property to Santa Cruz County and the

establishment of the West Ridge

conservation easement.

This notice is provided pursuant to

section 10 (a) of the Endangered Species

Act and Service regulations for

implementing 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 law. If the

Service determines that the

requirements are met, a permit will be

issued for the incidental take of the

listed species. A final decision on

permit issuance will be made no sooner

than 30 days from the date of this

notice.

Dated: May 19, 1998.

David L. McMullen,

Acting Regional Director, Region 1, Portland,

Oregon.

[FR Doc. 98–13953 Filed 5–26–98; 8:45 am]

BILLING CODE 4310–55–P

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

Information Collection Submitted to

the Office of Management and Budget

for Review Under the Paperwork

Reduction Act

AGENCY: Bureau of Indian Affairs,

Interior.

ACTION: Notice.

SUMMARY: This notice announces that

the Bureau of Indian Affairs (BIA) has

submitted the proposed renewal of the

information collection request for the

Housing Assistance Application,

codified at 25 CFR Part 256.5, to the

Office of Management and Budget

(OMB) for approval under the

paperwork Reduction Act (44 U.S.C.

3501 et seq.). On February 19, 1997, BIA

published a notice in the Federal

Register (62 FR 7469–7470) requesting

comments on the proposed information

collection. The regulations for the

Housing Improvement Program (HIP)