[Federal Register: April 15, 2008 (Volume 73, Number 73)]
[Page 20324-20326]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Fish and Wildlife Service

[FWS-R8-ES-2008-N0051; 11120-0008-0221-F2]

Amendment to the Incidental Take Permit for the San Bruno 
Mountain Habitat Conservation Plan in San Mateo County, CA

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability and receipt of application.


SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce 
that the County of San Mateo and the City of Brisbane, acting on the 
behalf of the County of San Mateo and Cities of Brisbane, Daly City, 
and South San Francisco (Applicants or Permittees), have applied for an 
amendment to an incidental take permit under the Federal Endangered 
Species Act of 1973, as amended (Act). We are considering the issuance 
of an amended permit to the Applicants that would add the authorization 
for take of the federally endangered callippe silverspot butterfly 
(Speyeria callippe callippe) (callippe) and the federally threatened 
bay checkerspot butterfly (Ephydra editha bayensis) (bay checkerspot) 
incidental to the Applicant's activities outlined in their proposed 
amendments to the 1982 San Bruno Mountain Habitat Conservation Plan 
(HCP) in San Mateo County, California. The HCP amendments would adjust 
the boundaries of Conserved Habitat within the 228-acre Northeast Ridge 
(Administrative Parcel 1-07) and provide supplemental HCP funding 
provisions that would allow additional habitat management and 
monitoring activities to occur on the approximately 2,828 acres of 
habitat conserved and managed under the HCP on San Bruno Mountain.
    We request comments from the public on the permit application and 
an Environmental Assessment. The permit application includes the 
Biological Study and Analysis of Conserved Habitat for Amendments to 
the Habitat Conservation Plan for San Bruno Mountain and Incidental 
Take Permit PRT 2-9818 (Study). The Study describes the proposed 
changes to the 1982 HCP as it was last amended in 1989, and the 
measures that the Applicants would undertake to minimize and mitigate 
take of the covered species.

DATES: We must receive your written comments on or before June 16, 

[[Page 20325]]

ADDRESSES: Please address written comments to Eric Tattersall, Acting 
Chief, Conservation Planning and Recovery Division, Fish and Wildlife 
Service, Sacramento Fish and Wildlife Office, 2800 Cottage Way, W-2605, 
Sacramento, California 95825. You also may send comments by facsimile 
to (916) 414-6713.

FOR FURTHER INFORMATION CONTACT: Eric Tattersall, Acting Chief, 
Conservation Planning and Recovery Division, Sacramento Fish and 
Wildlife Office, at (916) 414-6600.


Availability of Documents

    You may obtain copies of these documents for review by contacting 
the individual named above [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 


    Section 9 of the Act and Federal regulations prohibit the ``take'' 
of fish and wildlife species listed as endangered or threatened (16 
U.S.C. 1538). Take of federally listed fish or wildlife is defined 
under the Act to include the following activities: 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). We may, under 
limited circumstances, issue permits to authorize 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 endangered species are found in 50 CFR 17.22 and 50 
CFR 17.32.
    San Bruno Mountain is located on the northern San Francisco 
Peninsula, just south of the San Mateo-San Francisco County boundary. 
The Mountain is surrounded on all sides by the cities of Colma to the 
west, Daly City to the north, Brisbane to the east, and South San 
Francisco to the south. The San Bruno Mountain HCP study area consists 
of 3,537 acres, of which 2,828 acres are presently Conserved Habitat.
    The County of San Mateo and City of Brisbane are requesting, on 
behalf of the HCP permittees, an amendment to an existing incidental 
take permit for activities covered by proposed amendments to the 1982 
HCP, as amended. The proposed HCP amendments would include the 
following changes. Chapter VII of the HCP would be revised to replace 
the approved operating program for development of the Northeast Ridge 
(the 1989 Vesting Tentative Map (VTM)) to allow for the development of 
Unit II-Neighborhood II (UII-NII) under a proposed 2007 modification 
(the 2007 VTM). The reconfiguration would reduce the amount of land to 
be developed and increase the size and value of Conserved Habitat 
within the Northeast Ridge, as well as reduce impacts to the Species of 
Concern covered under the HCP.
    Section V.B of the HCP would be amended to address supplemental 
funding of four million dollars to be provided by the developer, 
Brookfield Northeast Ridge II LLC, concomitant to development of UII-
NII within the Northeast Ridge. These funds would establish an HCP 
Endowment, which would be funded incrementally upon the granting of 
final map approval for the lots in UII-NII, pursuant to an agreement 
between Brookfield Northeast Ridge II LLC and the City of Brisbane. The 
HCP Endowment would be managed by the HCP Trustees and would be 
available to fund ongoing habitat management and monitoring activities 
described in the Habitat Management Plan (HMP) that is appended to the 
Study. Section V.B would also be amended to increase the annual charge 
per dwelling unit and per 1,000 feet of floor area for commercial and 
industrial activities within the portion of the HCP area under the City 
of Brisbane's jurisdiction. All funds from the annual charge would be 
part of the HCP's Trust Fund and managed by the Trustees.
    These amendments and the biological analysis required by the 1982 
HCP are detailed in the Study. The Study evaluates the proposed change 
to the boundary of the Conserved Habitat on the Northeast Ridge parcel 
described in the HCP and considers the effect of this action, and 
ongoing management and monitoring activities, on the callippe, the 
listed species on the existing incidental take permit (the mission blue 
butterfly (Icaricia icarioides missionensis), San Bruno elfin butterfly 
(Callophrys mossii bayensis), bay checkerspot, and San Francisco garter 
snake (Thamnophis sirtalis tetrataenia), and other listed species that 
currently occur or have been historically documented on the Mountain, 
including the California red-legged frog (Rana aurora draytonii). It 
also considers the effects of grading that occurred in 2007 for the 
installation of infrastructure and other drainage and slope stability 
improvements deemed necessary by the City of Brisbane for public 
health, safety, and welfare reasons (2007 Infrastructure Grading).
    The Service's Environmental Assessment considers the environmental 
consequences of three alternatives. The Proposed Project Alternative 
consists of the issuance of an amendment to the incidental take permit 
and implementation of the Study and HMP. With Alternative 2 (1989 
Northeast Ridge Plan), an amendment to the existing incidental take 
permit would be issued to add take coverage for the callippe silverspot 
and bay checkerspot for the adopted HCP, which includes the 1989 VTM 
for Northeast Ridge and continuation of habitat management activities 
under the existing funding program. With the No Action alternative, 
there would be no issuance of an amendment to the existing incidental 
take permit to add take coverage for the callippe silverspot and bay 
checkerspot. The proposed reconfiguration of the Northeast Ridge would 
not occur, nor would the supplementary funding for vegetation 
management on the Mountain be provided. Under the No Action 
alternative, certain types of habitat management activities for 
conserved habitats on the Mountain would not have take authorization.

Public Review

    We invite the public to review the Plan, Implementing Agreement and 
Environmental Assessment during a 60-day public comment period (see 
DATES). Before including your address, phone number, e-mail 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 may 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.
    We provide this notice pursuant to section 10(a) of the Act and the 
regulations for implementing NEPA, as amended (40 CFR 1506.6). We will 
evaluate the application, associated documents, and comments submitted 
thereon to determine whether the application meets the requirements of 
NEPA regulations and section 10(a) of the Act. If we determine that 
those requirements are met, we will issue a permit to the Applicant for 
the incidental take of the covered species. We will make our final 
permit decision no sooner than 60 days from the date of this notice.

[[Page 20326]]

    Dated: April 9, 2008.
Ken McDermond,
Deputy Regional Director, Region 8, California and Nevada, Sacramento, 
 [FR Doc. E8-8051 Filed 4-14-08; 8:45 am]