52434 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

Notice of Availability of a Draft 

Environmental Impact Statement/ 

Environmental Impact Report and 

Receipt of an Application for an 

Incidental Take Permit for the East 

Contra Costa County Habitat 

Conservation Plan and Natural 

Community Conservation Plan, Contra 

Costa County, CA 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of availability and 

receipt of application. 

SUMMARY: This notice announces the 

availability of the draft East Contra 

Costa County Habitat Conservation Plan 

and Natural Community Conservation 

Plan (Plan), draft Implementing 

Agreement, and draft Environmental 

Impact Statement/Environmental 

Impact Report (EIS/EIR) for public 

review and comment. In response to 

receipt of an application from the East 

Contra County Habitat Conservation 

Plan Association (Association), the Fish 

and Wildlife Service (Service) is 

considering the proposed action of 

issuing a 30-year permit for 28 species. 

The proposed permit would authorize 

take of individual members of species 

listed under the Federal Endangered 

Species Act of 1973, as amended (ESA). 

The permit is needed because take of 

species could occur during proposed 

urban development activities, rural 

infrastructure projects, and preserve 

management activities within a 175,435- 

acre planning area located in eastern 

Contra Costa County, California. 

DATES: Two public meetings will be 

held on: Thursday, October 27, 2005, 

from at 1 p.m. to 3 p.m. and 6 p.m. to 

8 p.m. Written comments should be 

received on or before December 1, 2005. 

ADDRESSES: The public meetings will be 

held at: Pittsburg City Hall, 65 Civic 

Drive, Pittsburg, California 94565. Send 

comments by mail or facsimile to: (1) 

Lori Rinek, Division Chief, U.S. Fish 

and Wildlife Office, 2800 Cottage Way, 

Room W–2605, Sacramento, California 

95825; facsimile (916) 414–6713; and (2) 

John Kopchik, Principal Planner, Contra 

Costa County Community Development 

Department, 651 Pine Street, Fourth 

Floor North Wing, Martinez, California 

94553, facsimile (925) 335–1299. 

FOR FURTHER INFORMATION CONTACT: (1) 

Sheila Larsen, Wildlife Biologist, or Lori 

Rinek, Chief, Conservation Planning and 

Recovery Division, Sacramento Fish and 

Wildlife Office, telephone (916) 414–

6600; or (2) John Kopchik, Principal 

Planner, Contra Costa County 

Community Development Department, 

e-mail jkopc@cd.cccounty.us, telephone 

(925) 335–1227. 

SUPPLEMENTARY INFORMATION: 

Availability of Documents 

Copies of the draft Plan, draft 

Implementing Agreement and draft EIS/ 

EIR are available for public review from 

9 a.m. to 5 p.m., at the Contra Costa 

County Community Development 

Department (see ADDRESSES). These 

documents also are available on the 

Association’s Web site at: http:// 

www.cocohcp.org. 

In addition, copies of all documents 

are also available at the following 

Contra Costa County Library locations: 

751 Third Street, Brentwood, CA; 6125 

Clayton Road, Clayton, CA; Freedom 

High School, 1050 Neroly Road, Oakley, 

CA; 80 Power Avenue, Pittsburg, CA; 

Riverview Middle School, 205 Pacifica 

Avenue, Bay Point, CA. 

You also may obtain copies of these 

documents for review by contacting Lori 

Rinek [see FOR FURTHER INFORMATION

CONTACT]. Documents also will be 

available for public inspection, by 

appointment, during normal business 

hours at the Sacramento Fish and 

Wildlife Office [see ADDRESSES]. 

Meetings 

The initial Notice of Intent to prepare 

a draft EIS/EIR and hold a public 

scoping meeting on July 17, 2003, was 

published in the Federal Register on 

June 5, 2003 (68 FR 33736). Information 

on past and upcoming meetings is 

available on the Association’s Web site 

at http://www.cocohcp.org. 

Background Information 

Section 9 of the Federal ESA of 1973, 

as amended, 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 Federal 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). 

The Service has received an 

application for an incidental take permit 

for implementation of the East Contra 

Costa County Habitat Conservation Plan 

and Natural Community Conservation 

Plan (Plan). The application has been 

prepared and submitted by the East 

Contra County Habitat Conservation 

Plan Association (Association), a joint 

powers authority consisting of the 

following seven agencies: Contra Costa 

County; the cities of Brentwood, 

Clayton, Oakley, and Pittsburg; Contra 

Costa Water District; and, East Bay 

Regional Park District. The Association 

has prepared the Plan to satisfy the 

application requirements for a section 

10(a)(1)(B) permit under the Federal 

ESA, of 1973, as amended, and a section 

2835 permit under the California 

Natural Community Conservation 

Planning Act of 2002 (NCCPA). Thus 

the Plan constitutes a Habitat 

Conservation Plan pursuant to the 

Federal ESA, and a Natural Community 

Conservation Plan pursuant to the 

California NCCPA. 

The Association seeks a 30-year 

incidental take permit for covered 

activities within a proposed 175,435- 

acre planning area, located entirely in 

eastern Contra Costa County, California. 

The Association has requested a permit 

for 28 species, 8 of which are currently 

listed as threatened or endangered 

under the Federal ESA. Of these 28 

species, the Association requests a 

permit and assurances for 17 animal 

species and assurances for 11 plant 

species. Proposed covered species 

include 3 wildlife species currently 

listed as endangered under the Federal 

ESA [San Joaquin kit fox (Vulpes 

macrotus mutica), longhorn fairy 

shrimp (Brachinecta longiantenna), and 

vernal pool tadpole shrimp (Lepidurus 

packardi)] and 5 wildlife species 

currently listed as threatened under the 

Federal ESA [Alameda whipsnake 

(Masticophis lateralis euryxanthus), 

giant garter snake (Thamnophis gigas), 

California tiger salamander (Ambystoma 

californiense), California red-legged frog 

(Rana aurora draytonii), and vernal pool 

fairy shrimp (Brachinecta lynchi)]. 

Proposed covered species also include 9 

wildlife species and 11 plant species 

Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 52435 

that are not listed under the Federal 

ESA at the current time: Townsend’s 

western big-eared bat (Corynorhinus 

townsendii townsendii), tricolored 

blackbird (Agelaius tricolor), golden 

eagle (Aquila chrysaetos), western 

burrowing owl (Athene cunicularia 

hypugea), Swainson’s hawk (Buteo 

swainsonii), silvery legless lizard 

(Anniella pulchra pulchra), western 

pond turtle (Clemmys marmorata), 

foothill yellow-legged frog (Rana boylii), 

midvalley fairy shrimp (Brachinecta 

mesovallensis), Mount Diablo manzanita 

(Arctostaphylos auriculata), brittlescale 

(Atriplex depressa), San Joaquin 

spearscale (Atriplex joanquiniana), big 

tarplant (Blepharizonia plumosa ssp. 

plumosa), Mount Diablo fairy lantern 

(Calochortus pulchellus), recurved 

larkspur (Delphinium recurvatum), 

round-leaved filaree (Erodium 

macrophyllum), Diablo helianthella 

(Helianthella castanea), Brewer’s dwarf 

flax (Hesperolinon breweri), showy 

madia (Madia radiata), and adobe 

navarretia (Navarretia nigelliformis ssp. 

nigelliformis). 

If the proposed Plan is approved and 

the permit issued, take authorization of 

covered listed wildlife species would be 

effective at the time of permit issuance. 

Take of the currently non-listed covered 

wildlife species would be authorized 

concurrent with the species’ listing 

under the Federal ESA, should they be 

listed during the duration of the permit. 

The proposed Plan is intended to be 

a comprehensive and multijurisdictional document, providing for 

regional species conservation and 

habitat planning, while allowing the 

prospective permitees (the County and 

the cities that are members of the 

Association) to better manage 

anticipated growth and development. 

The proposed Plan also is intended to 

provide a coordinated process for 

permitting and mitigating the take of 

covered species as an alternative to the 

current project-by-project approach. 

If the proposed Plan is approved and 

a permit is issued to the Association, 

project proponents would submit 

applications for incidental take 

authorization to their local land use 

authority (members of the Association 

holding a valid permit) as part of the 

standard project review and approval 

process. The local land use authority 

would review these applications for 

completeness and for compliance with 

the terms of the Plan. Take 

authorization would be issued to these 

parties by the local land use authority 

if the application is complete and 

compliant with the Plan. As part of the 

standard approval process, projects 

would require separate, project-level 

environmental review under the 

California Environmental Quality Act 

and, in some cases, the National 

Environmental Policy Act. 

An Implementing Entity created by 

the Association would be responsible 

for conducting broad conservation and 

management measures, such as 

acquiring and maintaining preserve 

land, restoring and enhancing habitat, 

tracking the success of the conservation 

strategy, and instituting any necessary 

changes. Projects conducted by the 

Implementing Entity would be 

consistent with the Plan and receive 

coverage for take. 

In order to comply with the 

requirements of the Federal ESA, 

California ESA, and the California 

NCCPA, the proposed Plan addresses a 

number of required elements, including: 

species and habitat goals and objectives; 

evaluation of the effects of covered 

activities on covered species, including 

indirect and cumulative effects; a 

conservation strategy; a monitoring and 

adaptive management program; 

descriptions of changed circumstances 

and remedial measures; identification of 

funding sources; and an assessment of 

alternatives to take of listed species. 

In order to define a reasonable range 

of expected growth, the proposed Plan 

defines two permit areas: the initial 

urban development area and the 

maximum urban development area. 

Although the initial and maximum 

urban development areas bound the 

range of the proposed permit area, the 

final permit area may lie somewhere in 

between, depending on local land use 

decisions that occur during the 

proposed 30-year permit term. The 

proposed Plan therefore encompasses a 

range of alternative permit areas. Both 

the initial and maximum urban 

development areas are based on current 

general plans of the local jurisdictions. 

The proposed initial urban 

development area is defined by: (1) The 

Urban Limit Line (ULL) of Contra Costa 

County and the city limits of the 

participating cities (Pittsburg, Clayton, 

Oakley, and Brentwood), whichever is 

largest; (2) the footprint of specific rural 

infrastructure projects outside the ULL; 

and (3) the boundary of any land 

acquired in fee title or conservation 

easement and managed under the Plan. 

Up to 8,949 acres of ground-disturbing 

urban development activities within the 

ULL are proposed to be permitted under 

the initial urban development area. 

The proposed maximum urban 

development area is the largest extent to 

which the permit area could expand 

under the terms of the proposed Plan. 

Under this scenario, an additional 4,252 

acres of ground-disturbing urban 

development activities within the 

permit area (for a maximum of 13,201 

acres) could be allowed, as long as the 

conditions of the Plan are met. 

Proposed covered activities and 

projects within the Plan fall within 

three distinct categories: Activities and 

projects associated with urban growth 

within the urban development area; 

rural infrastructure projects (totaling 

approximately 1,302 acres outside the 

ULL); and activities that occur inside 

the Plan preserves. Proposed activities 

within the Plan preserves include the 

following: Construction and 

maintenance of recreational or 

management facilities; habitat 

enhancement, restoration and creation; 

surveys for covered species, vegetation 

communities, and other resources; and 

emergency activities, including 

firefighting, and repair of existing 

facilities due to floods or fire. During 

the permit term, the proposed 

neighboring lands provision would 

allow agricultural lands within 1 mile of 

the preserve boundary to be eligible for 

take coverage during the course of 

routine agricultural activities with 

certain provisions and restrictions. 

The conservation strategy was 

designed to minimize and mitigate the 

impacts of covered activities, contribute 

to the recovery of listed covered species, 

and protect and enhance populations of 

non-listed covered species, as proposed. 

The proposed conservation strategy 

provides for the establishment, 

enhancement, and long-term 

management of the preserves for the 

benefit of covered vegetation 

communities, covered species, and 

overall biodiversity and ecosystem 

functions. The proposed preserves 

would also serve to achieve other 

complementary goals such as recreation, 

grazing, and crop production, as long as 

the primary biological goals of the Plan 

are met and not compromised. The 

system of new preserves would likely be 

linked to existing protected lands to 

form a network of protected areas 

outside the area where new urban 

growth is proposed to be permitted 

under the Plan. 

National Environmental Policy Act 

Compliance 

Proposed permit issuance triggers the 

need for compliance with the National 

Environmental Policy Act (NEPA) and 

the California Environmental Quality 

Act (CEQA). Accordingly, a joint NEPA/ 

CEQA document has been prepared. 

The Service is the Lead Agency 

responsible for compliance under 

NEPA, and the Association is the Lead 

Agency with responsibility for 

compliance with CEQA. As NEPA lead 

52436 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices 

agency, the Service is providing notice 

of the availability of the draft EIS/EIR, 

which evaluates the impacts of 

proposed issuance of the permit and 

implementation of the Plan, and as well 

as a reasonable range of alternatives. 

The draft EIS/EIR analyzes three 

alternatives in addition to the proposed 

Plan, described above. The proposed 

Plan is considered Conservation 

Strategy A (Alternative 1). The three 

alternatives are described below. 

The Conservation Strategy B 

Alternative (Alternative 2) would 

provide for the same size planning area, 

located entirely in eastern Contra Costa 

County, with the same preserve size as 

the proposed Plan, except that the 

location of the preserve would be 

modified. Modification of the preserve 

locations would result in increased 

protection of chaparral and cultivated 

agriculture and decreased protection of 

grassland. Conservation Strategy B 

would also involve less riparian 

restoration than the proposed Plan. 

Other elements of the proposed Plan 

would remain the same under 

Conservation Strategy B, including 

species and communities covered, 

conservation measures, monitoring and 

adaptive management, and 

implementation approach. 

Compared to the Proposed Plan, the 

Reduced Development Area Alternative 

(Alternative 3) would provide for a 

reduced level of take due to a reduced 

permit area. Existing open space or 

agricultural lands within the ULL that 

are not currently designated for 

development would be conserved. 

Under this alternative, the permit area 

would be 9,330 acres. Other elements of 

the proposed Plan would remain the 

same under the Reduced Development 

Area Alternative, including species and 

communities covered, conservation 

measures, monitoring and adaptive 

management, and implementation 

approach. 

Under the No-Action/No-Project 

alternative (Alternative 4), the proposed 

Plan would not be adopted, and permits 

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

Act and Section 2835 of the NCCPA 

would not be issued by the Service and 

California Department of Fish and 

Game, respectively. Compliance with 

the Federal and California ESAs would 

continue to be addressed on a case-bycase basis. 

Public Comments 

The Service and Association invite 

the public to comment on the draft Plan, 

draft EIS/EIR, and draft Implementing 

Agreement during a 90-day public 

comment period beginning on the date 

of this notice. The comment period is 

opened for 90 days to eliminate the 

need for an extension subsequent to the 

close of the comment period. All 

comments received, including names 

and addresses, will become part of the 

administrative record and may be made 

available to the public. 

The Service will evaluate the 

application, associated documents, and 

comments submitted to them to prepare 

a final EIS/EIR. A permit decision will 

be made no sooner than 30 days after 

the publication of the final EIS/EIR and 

completion of the Record of Decision. 

This notice is provided pursuant to 

section 10(a) of the Federal ESA and 

Service regulations for implementing 

NEPA, as amended (40 CFR 1506.6). We 

provide this notice in order to allow the 

public, agencies, or other organizations 

to review and comment on these 

documents. 

Dated: August 17, 2005. 

Ken McDermond, 

Deputy Manager, California/Nevada 

Operations Office, Sacramento, CA. 

[FR Doc. 05–16899 Filed 9–1–05; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[MT–030–1320–EL, NDM91535] 

Notice of Availability of Coal Lease 

Final Environmental Impact Statement, 

North Dakota 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Notice of Availability (NOA) of 

a Final Environmental Impact Statement 

(FEIS) on a Coal lease application 

received for Federal coal tracts in the 

West Mine Area, Freedom Mine, Mercer 

County, North Dakota; NDM91535. 

SUMMARY: Under the National 

Environmental Policy Act (NEPA); 

provisions in the Mineral Leasing Act of 

1920, as amended (30 U.S.C. 181 et 

seq.); implementing regulations and 

other applicable statutes the Bureau of 

Land Management (BLM) announces the 

availability of the Federal coal leasing 

FEIS. 

The FEIS analyzes the impacts of 

issuing a Federal coal lease within the 

West Mine Area of the Freedom Mine, 

located in Mercer County, North Dakota, 

and includes 5571 acres of Federal coal. 

DATES: Written comments on the FEIS 

will be accepted for 30 days following 

the date that the Environmental 

Protection Agency (EPA) publishes their 

NOA of the FEIS in the Federal 

Register. The BLM will notify all parties 

on the EIS mailing list of the dates when 

comments will be accepted. 

ADDRESSES: Please address questions, 

comments, or concerns to the North 

Dakota Field Office, Bureau of Land 

Management, Attn: Allen J. Ollila, 2933 

Third Avenue West, Dickinson, North 

Dakota 58601–2619, fax them to (701) 

227–8510, or send e-mail comments to 

the attention of Allen J. Ollila at 

mtndfo@blm.gov. Copies of the FEIS are 

available for public inspection at local 

public libraries and at the following 

BLM office locations: External Affairs 

Office, Montana State Office, 5001 

Southgate Drive, Billings, MT 59107; 

North Dakota Field Office, 2933 Third 

Avenue West, Dickinson, ND 58601–

2619. 

FOR FURTHER INFORMATION CONTACT: 

Allen J. Ollila or Lonny R. Bagley at the 

above address or telephone: (701) 227–

7700. 

SUPPLEMENTARY INFORMATION: On 

January 16, 2002, Coteau filed an 

application with BLM to lease Federal 

coal deposits beneath private surface at 

the following locations: 

NDM91535 

T. 144 N., R. 88 W., 5th P.M. 

Sec. 2: Lots 3, 4, S1⁄2NW1⁄4

Sec. 4: Lots 1, 2, S1⁄2NE1⁄4, S1⁄2

Sec. 6: All 

Sec. 8: N1⁄2NE1⁄4, SE1⁄4NE1⁄4, NW1⁄4, 

N1⁄2SW1⁄4

T. 144 N., R. 89 W., 5th P.M. 

Sec. 12: E1⁄2

T. 145 N., R. 88 W., 5th P.M. 

Sec. 4: Lots 1, 2, 3, 4, S1⁄2N1⁄2, SE1⁄4, 

S1⁄2SW1⁄4

Sec. 10: N1⁄2

Sec. 14: All 

Sec. 22: All 

Sec. 26: N1⁄2NE1⁄4, SW1⁄4NE1⁄4, NW1⁄4SE1⁄4, 

W1⁄2

Sec. 28: E1⁄2NE1⁄4, SW1⁄4NE1⁄4, SE1⁄4NW1⁄4, 

S1⁄2

Sec. 34: N1⁄2N1⁄2, SE1⁄4NE1⁄4, E1⁄2SE1⁄4, 

SW1⁄4SE1⁄4, SW1⁄4

Containing 5,571 acres (more or less), 

Mercer County, North Dakota. 

The Federal coal tract being 

considered for leasing is in the West 

Mine Area of the Freedom Mine, located 

north and west of Beulah, North Dakota. 

The operator (Coteau Properties 

Company) of this mine applied to lease 

the tract as a maintenance tract, to 

extend the life of their existing mining 

operation under the provisions of the 

Leasing By Application regulations at 43 

CFR 3425. 

Private & State coal reserves within 

the West Mine Area currently have an 

approval to mine, and a reclamation 

plan from the Public Service 

Commission, State of North Dakota. 

Coteau Properties Company also has an 

approved air quality permit for