[Federal Register: October 3, 2008 (Volume 73, Number 193)]
[Notices]
[Page 57644-57646]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03oc08-78]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R1-ES-2008-N0222; 81440-1112-0000 ABC Code F2]
Endangered and Threatened Wildlife and Plants; Incidental Take
Permits in Santa Cruz County, CA
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of receipt of applications for permit.
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SUMMARY: We, the Fish and Wildlife Service (Service), announce the
availability of five Incidental Take Permit applications and Habitat
Conservation Plans (HCPs) under section 10(a)(1)(B) of the Endangered
Species Act of 1973, as amended (Act). The applicants collectively
anticipate removing a total of approximately 2.04 acres of Mount Hermon
June beetle (Polyphylla barbata) occupied habitat, and one HCP also
includes the federally endangered Ben Lomond spineflower (Chorizanthe
pungens var. hartwegiana) as a covered species. We are requesting
comments on the permit applications and on our preliminary
determination that the proposed HCPs qualify as ``low effect'' HCPs,
eligible for a categorical exclusion under the National Environmental
Policy Act of 1969, as amended.
DATES: Written comments should be received on or before November 3,
2008.
ADDRESSES: Please address written comments to Diane Noda, Field
Supervisor, Ventura Fish and Wildlife Office, U.S. Fish and Wildlife
Service, 2493 Portola Road, Suite B, Ventura, California 93003. You may
also send comments by facsimile to (805) 644-3958. To obtain copies of
draft documents, see ``Availability of Documents'' under SUPPLEMENTARY
INFORMATION.
FOR FURTHER INFORMATION CONTACT: Jen Lechuga, HCP Coordinator (see
ADDRESSES), telephone: (805) 644-1766 extension 224.
SUPPLEMENTARY INFORMATION:
Availability of Documents
You may obtain copies of the applications and HCPs by contacting
the HCP Coordinator (see FOR FURTHER
[[Page 57645]]
INFORMATION CONTACT). Documents will also be available for review by
appointment, during normal business hours, at the Ventura Fish and
Wildlife Office (see ADDRESSES), or via the Internet at: http://
www.fws.gov/ventura.
Background
Section 9 of the Act (16 U.S.C. 1531 et seq.) and Federal
regulations prohibit the ``take'' of fish or wildlife species listed as
endangered or threatened, respectively. Take of listed fish or wildlife
is defined under the Act to mean to harass, harm, pursue, hunt, shoot,
wound, kill, trap, capture, or collect, or to attempt to engage in any
such conduct. However, the Service, under limited circumstances, may
issue permits to cover incidental take, i.e., take that is incidental
to, and not the purpose of, the carrying out of an otherwise lawful
activity. Regulations governing incidental take permits for threatened
and endangered species are found at 50 CFR 17.32 and 17.22,
respectively. Among other criteria, issuance of such permits must not
jeopardize the existence of federally listed fish, wildlife, or plants.
We announce the availability of five Incidental Take Permit (ITP)
applications and Habitat Conservation Plans (HCPs) from the following
five applicants: Blake Lane LLP, Larry Busch, Jim Sisk, Richard and
Carolyn Tinkess, and Ed and Lita West. Blake Lane LLP, Larry Busch, and
Jim Sisk each request an ITP for a duration of 5 years; Richard and
Carolyn Tinkess and Ed and Lita West each request an ITP for a duration
of 3 years, under section 10(a)(1)(B) of the Act. The applicants
collectively anticipate removing a total of approximately 2.04 acres of
Mount Hermon June beetle (Polyphylla barbata) occupied habitat
incidental to constructing six condominiums, nine single-family homes,
one single-family home relocation, and an addition to an existing
single-family home in Santa Cruz County, California (Projects).
The applicants' HCPs describe the mitigation and minimization
measures the applicants propose to address the effects of the Projects
on the Mount Hermon June beetle. In addition, the Richard and Carolyn
Tinkess HCP includes the federally endangered Ben Lomond spineflower
(Chorizanthe pungens var. hartwegiana) as a covered species, and their
HCP describes mitigation and minimization measures for this species as
well.
The Projects are located on soils known as ``Zayante sands.'' These
soils support the Zayante sandhills ecosystem that occurs exclusively
in the Santa Cruz Mountains near the city of Scotts Valley and the
communities of Ben Lomond, Mount Hermon, Felton, Olympia, Corralitos,
and Bonny Doon. The Mount Hermon June beetle is restricted to Zayante
sands soils in the Scotts Valley-Mount Hermon-Felton-Ben Lomond area
and is found in association with vegetation of the Zayante sandhills,
which is characterized by a mosaic of ponderosa pines (Pinus
ponderosa), silverleaf manzanita (Arctostaphylos silvicola), and areas
that are sparsely vegetated with grasses and herbs.
The five applicants are requesting to remove approximately 2.04
acres of combined Mount Hermon June beetle habitat incidental to
construction of the Projects. Residential construction of the six
condominiums for Blake Lane LLP would occur within parcel 022-172-47 in
Scotts Valley, Santa Cruz County, California. Residential construction
of two single-family homes and a single-family home relocation for Mr.
and Mrs. Larry Busch would occur within parcel 067-041-24 near the city
of Scotts Valley, Santa Cruz County, California. Residential
construction of six single-family homes for Jim Sisk would occur within
parcels 021-231-09 and 021-071-02 near the city of Scotts Valley in
Santa Cruz County, California. Residential construction of one single-
family home for Richard and Carolyn Tinkess would occur within parcel
067-411-39 near the city of Scotts Valley in Santa Cruz County,
California. Residential construction of a room addition to a single-
family home for Ed and Lita West would occur within parcel 072-273-34
in Ben Lomond, Santa Cruz County, California.
The parcels combined encompass about 3.54 acres, and the footprints
of the homes, infrastructure, and landscaping would eliminate 2.04
acres of Mount Hermon June beetle habitat. To mitigate for incidental
take on the project sites, the applicants propose to purchase a total
of 2.33 acres of conservation credits for the Mount Hermon June beetle
at the recently approved Ben Lomond Sandhills Preserve of the Zayante
Sandhills Conservation Bank operated by PCO, LLC. In addition, the
applicants will implement a number of minimization and mitigation
measures intended to reduce impacts from the proposed Projects on the
Mount Hermon June beetle.
National Environmental Policy Act
We are requesting comments on the permit applications and on our
preliminary determination that the proposed Habitat Conservation Plans
(HCP) qualify as ``low effect'' HCPs, eligible for a categorical
exclusion under the National Environmental Policy Act (NEPA) of 1969,
as amended (42 U.S.C. 4321 et seq.). We explain the basis for this
possible determination in draft Environmental Action Statements (EAS)
and associated Low Effect Screening Forms. The Applicants' Low Effect
HCPs describe the mitigation and minimization measures they would
implement, as required in section 10(a)(2)(B) of the Act, to address
the effects of the Projects on the Mount Hermon June beetle. The draft
HCPs and EASs are available for public review.
We have made a preliminary determination that the HCPs qualify as
``low-effect'' plans as defined by our Habitat Conservation Planning
Handbook (November 1996). Our determination that an HCP qualifies as a
low-effect plan 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; 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 the environmental values or
resources that would be considered significant. As more fully explained
in our EASs and associated Low Effect Screening Forms, the Applicants'
proposals for residential construction qualify as ``low effect'' plans
for the following reasons:
(1) Approval of the HCPs would result in minor or negligible
effects on the Mount Hermon June beetle and Ben Lomond spineflower and
their habitat. The Service does not anticipate significant direct or
cumulative effects to the Mount Hermon June beetle or Ben Lomond
spineflower resulting from the proposed Projects.
(2) Approval of the HCPs would not have adverse effects on unique
geographic, historic, or cultural sites, or involve unique or unknown
environmental risks.
(3) Approval of the HCPs would not result in any cumulative or
growth-inducing impacts and would not result in significant adverse
effects on public health or safety.
(4) The Projects do not require compliance with Executive Order
11988 (Floodplain Management), Executive Order 11990 (Protection of
Wetlands), or the Fish and Wildlife Coordination Act, nor do they
threaten to violate a Federal, State, local, or tribal law or
requirement
[[Page 57646]]
imposed for the protection of the environment.
(5) Approval of the HCPs would not establish a precedent for future
actions or represent a decision in principle about future actions with
potentially significant environmental effects.
The Service, therefore, has made a preliminary determination that
approvals of the HCPs qualify as categorical exclusions under NEPA, as
provided by the Department of the Interior Manual (516 DM 2, Appendix 1
and 516 DM 6, Appendix 1). Based upon this preliminary determination,
we do not intend to prepare further NEPA documentation. The Service
will consider public comments in making its final determination on
whether to prepare such additional documentation.
Public Review and Comment
We will evaluate the permit applications, HCPs, and comments
submitted thereon to determine whether the applications meet the
requirements of section 10(a) of the Act. If we determine that the
applications meet those requirements, we will issue the ITPs for
incidental take of the Mount Hermon June beetle. We will also evaluate
whether issuance of the section 10(a)(1)(B) ITPs complies with section
7 of the Act by conducting an intra-Service section 7 consultation. We
will use the results of this consultation, in combination with the
above findings, in the final analysis to determine whether or not to
issue the ITPs.
If you wish to comment on the permit applications, draft
Environmental Action Statements or the proposed HCPs, you may submit
your comments to the address listed in the ADDRESSES section of this
document. Our practice is to make comments, including names, home
addresses, etc., of respondents available for public review. Individual
respondents may request that we withhold their names and/or home
addresses, etc., but if you wish us to consider withholding this
information you must state this prominently at the beginning of your
comments. In addition, you must provide a rationale demonstrating and
documenting that disclosure would constitute a clearly unwarranted
invasion of privacy. In the absence of exceptional, documented
circumstances, this information will be released. All submissions from
organizations or businesses, and from individuals identifying
themselves as representatives or officials of organizations or
businesses, are available for public inspection in their entirety.
The Service provides this notice pursuant to section 10(c) of the
Act and pursuant to implementing regulations for NEPA (40 CFR 1506.6).
Dated: September 29, 2008.
Diane K. Noda,
Field Supervisor, Ventura Fish and Wildlife Office, Ventura,
California.
[FR Doc. E8-23403 Filed 10-2-08; 8:45 am]
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