[Federal Register Volume 80, Number 102 (Thursday, May 28, 2015)]
[Notices]
[Pages 30483-30485]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-12849]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R8-ES-2015-N107; FXES11120800000-156-FF08EVEN00]
Habitat Conservation Plan for the Morro Shoulderband Snail; Kroll
Parcel, Community of Los Osos, San Luis Obispo County, California
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for comment.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have
received an application for a 10-year incidental take permit under the
Endangered Species Act of 1973, as amended. The application addresses
the potential for ``take'' of the federally endangered Morro
shoulderband snail likely to result incidental to the construction of a
single-family residence, barn, septic system, and improved residential
access; management of an existing open space area; and implementation
of a conservation strategy. We invite comments from the public on the
application package, which includes a habitat conservation plan (HCP)
for the Morro shoulderband snail.
DATES: To ensure consideration, please send your written comments by
June 29, 2015.
ADDRESSES: You may download a copy of the draft HCP and draft low-
effect screening form and environmental action statement on the
internet at http://www.fws.gov/ventura/, or you may request copies of
the documents by U.S. mail or phone (see below). Please address written
comments to Stephen P. Henry, Field Supervisor, Ventura Fish and
Wildlife Office, U.S. Fish and Wildlife Service, 2493 Portola Road,
Suite B, Ventura, CA 93003. You may alternatively send comments by
facsimile to (805) 644-3958.
FOR FURTHER INFORMATION CONTACT: Julie M. Vanderwier, Senior Fish and
Wildlife Biologist, at the above address or by phone at (805) 644-1766.
SUPPLEMENTARY INFORMATION: We have received an application from James
and Sharon Kroll for an incidental take permit (ITP) pursuant to
section 10(a)(1)(B) of the Endangered Species Act (Act; 16 U.S.C. 1531
et seq.). The application addresses take of the federally endangered
Morro shoulderband snail (Helminthoglypta walkeriana) likely to occur
incidental to the construction and maintenance of a single-family
residence, barn, septic system, and improved road access; management of
an existing open space area; and implementation of a conservation
strategy on 3.09 acres within an existing legal 5.08-acre parcel
located in western San Luis Obispo County, California. The requested
permit term is 10 years. We invite comments from the public on the
application package. Issuance of an ITP pursuant to this HCP has been
determined to be eligible for a categorical exclusion under National
Environmental Policy Act (NEPA).
Background
The Morro shoulderband snail was listed as endangered on December
15, 1994 (59 FR 64613). Section 9 of the Act and its implementing
regulations (16 U.S.C. 1531 et seq.) prohibit the take of fish or
wildlife species listed as endangered or threatened. Under the Act,
``take'' is defined to include the following activities: ``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). Under
section 10(a)(1)(B) of the Act, we may issue permits to authorize take
of listed species if it is incidental to other lawful activities and
not the
[[Page 30484]]
purpose of carrying out that activity. The Code of Federal Regulations
provides those regulations governing incidental take permits for
threatened and endangered species at 50 CFR 17.32 and 17.22. Issuance
of an incidental take permit must not jeopardize the existence of any
federally listed fish, wildlife or plant species.
The Applicants' Proposed Project
James and Sharon Kroll (hereafter, the applicants) own a 5.08-acre
residential suburban-zoned parcel legally described as County of San
Luis Obispo Assessor Parcel Number 074-022-041 and located at 302/304
Madera Street in the western portion of Los Osos, an unincorporated
community of San Luis Obispo County, California. The applicants have
submitted a HCP in support of their application for an ITP to address
take of Morro shoulderband snail likely to occur as the result of
project activities that would occur within a 3.09-acre permit area
within the larger parcel area. Proposed covered activities include
direct impacts to up to 0.63 acre of predominantly nonnative grassland
habitat associated with the construction and maintenance of a single-
family residence, barn, septic system, and improved residential access;
maintenance of a 0.93-acre open space area; and the restoration,
monitoring, and management of 1.1 acres of habitat for Morro
shoulderband snail.
The applicants propose to minimize and mitigate take of Morro
shoulderband snail associated with the covered activities by fully
implementing the HCP. The following minimization measures would be
implemented: (1) Development and delivery of an environmental training
program for Morro shoulderband snail to all personnel working onsite,
(2) pre-construction and concurrent construction monitoring surveys for
Morro shoulderband snail, (3) capture and moving out of harm's way all
identified individuals of any life stage of Morro shoulderband snail to
a Service-approved receptor site by an individual in possession of a
current valid recovery permit for the species, (4) use of temporary
construction fencing to prevent accidental egress into mitigation
areas; and (5) installation of permanent fencing to separate use areas
from conservation areas. To mitigate for unavoidable take of Morro
shoulderband snail, the applicants would conserve and manage 1.1 acres
of habitat for Morro shoulderband snail. This 1.1-acre area would be
recorded under a conservation easement with the County of San Luis
Obispo and restored to native coastal dune scrub following control of
non-native grasses and removal of orchard plantings. The applicants
have committed to fund up to $33,368 to ensure implementation of all
minimization, mitigation, and reporting requirements identified in the
HCP.
In the proposed HCP, the applicants consider two alternatives to
the proposed action: ``No Action'' and ``Alternate Project Design.''
Under the ``No Action'' alternative, the Service would not issue an
ITP, and the legal construction of a single-family residence and barn
would not occur. Absent the ITP, there would be no conservation and
restoration of habitat for the Morro shoulderband snail that would, in
concert with nearby habitat, provide a benefit to the species. Since
the property is privately owned, there are ongoing economic
considerations associated with continued ownership absent its ability
to realize its intended use upon purchase (e.g., payment of associated
taxes). The sale of this property for other than the currently zoned
and identified purpose is not considered biologically meaningful or
economically feasible. Because of economic considerations and because
the proposed action results in a net benefit for the Morro shoulderband
snail, the No Action Alternative has been rejected.
Under the ``Alternate Project Design'' alternative, the residence
and barn would be located elsewhere within the parcel. No other
configuration would result in a substantial increase in the net benefit
to the species or better achieve the applicants' needs. As such, the
Alternate Project Design alternative is also rejected.
Our Preliminary Determination
We have determined the applicants' proposal will have a minor or
negligible effect on the Morro shoulderband snail, and the HCP
qualifies for processing as a low-effect plan consistent with our
Habitat Conservation Planning Handbook (November 1996). Three criteria
form the basis for our determination: (1) the proposed project as
described in the HCP would result in minor or negligible effects on
federally listed, proposed, and/or candidate species and their
habitats; (2) implementation of the HCP would result in minor
negligible effects on other environmental values or resources; and (3)
HCP impacts, considered together with those of other past, present, and
reasonably foreseeable future projects, would not result in
cumulatively significant effects. It is our preliminary determination
that HCP approval and ITP issuance qualify for categorical exclusion
under the NEPA (42 U.S.C. 4321 et seq.), as provided by the Department
of the Interior Manual (516 DM 2 Appendix 2 and 516 DM 8); however, we
may revise our determination based upon review of public comments
received in response to this notice.
Next Steps
We will evaluate the permit application, including the HCP and
comments we receive, to determine whether it meets the requirements of
section 10(a)(1)(B) of the Act. We will also evaluate whether issuance
of the ITP would comply with section 7(a)(2) of the Act by conducting
an intra-Service consultation pursuant to section 7(a)(2) of the Act.
Public Review
We request comments from the public regarding our preliminary
determination that the applicants' proposal will have a minor or
negligible effect on the Morro shoulderband snail and that the plan
qualifies as a low-effect HCP. We will evaluate the comments we receive
and make a final determination regarding whether the application meets
the requirements of section 10(a)(1)(B) of the Act. We will incorporate
the results of our intra-Service consultation, in combination with the
above findings, in our final analysis to determine whether to issue the
ITP. If all of our requirements are met, we will issue the ITP to the
applicants. Permit issuance would not occur less than 30 days from the
date of this notice.
Public Comments
If you wish to comment on the permit application, HCP, and
associated documents, you may submit comments by any one of the methods
provided in ADDRESSES.
Public Availability of Comments
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 view, we cannot guarantee that we will be able
to do so.
Authority
We provide this notice under section 10(c) of the Act and the NEPA
public involvement regulations (40 CFR 1500.1(b), 1500.2(d), and
1506.6).
[[Page 30485]]
Dated: May 21, 2015.
Stephen P. Henry,
Field Supervisor, Ventura Fish and Wildlife Office, Ventura,
California.
[FR Doc. 2015-12849 Filed 5-27-15; 8:45 am]
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