[Federal Register: September 27, 2010 (Volume 75, Number 186)]
[Notices]
[Page 59285-59286]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27se10-117]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R8-ES-2010-N207; 1122-0000-81440-F2]
Endangered and Threatened Wildlife and Plants; Permit, San Luis
Obispo County, CA
AGENCY: U.S. Fish and Wildlife Service, Interior.
ACTION: Notice of availability.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have
received an application from Barkwood Development, LLC (applicant) for
an incidental take permit under the Endangered Species Act of 1973, as
amended (Act). We are considering issuance of an incidental take permit
(ITP) that would authorize the applicant's take of the federally
endangered Morro shoulderband snail (Helminthoglypta walkeriana)
incidental to a 5.5-acre (239,580-square foot) redevelopment project in
the community of Los Osos, San Luis Obispo County, California. We
invite comments from the public on the application, which includes the
Bahia Vista Estates Habitat Conservation Plan (HCP), and on our
preliminary determination that the HCP qualifies as a low-effect plan
that is eligible for a categorical exclusion under the National
Environmental Policy Act (NEPA) of 1969, as amended.
DATES: To ensure consideration, please send your written comments by
October 27, 2010.
ADDRESSES: You may download a copy of the HCP, draft Environmental
Action Statement, Low-Effect Screening Form, and related documents on
the Internet at http://www.fws.gov/ventura/, or you may request
documents by U.S. mail or phone (see below). Please address written
comments to Diane K. Noda, 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, Fish and Wildlife
Biologist, or Jen Lechuga, HCP Coordinator, at the Ventura address
above or by telephone at (805) 644-1766.
SUPPLEMENTARY INFORMATION:
Background
The Morro shoulderband (also known as banded dune) snail was listed
by the U.S. Fish and Wildlife Service as endangered on December 15,
1994 (59 FR 64613). Section 9 of the Act (16 U.S.C. 1531 et seq.) and
its implementing regulations prohibit the ``take'' of fish or wildlife
species listed as endangered or threatened.'' ``Take'' is defined under
the Act to include the following activities: to harass, harm, pursue,
hunt, shoot, wound, kill, trap,
[[Page 59286]]
capture, or collect, or to attempt to engage in any such conduct'' (16
U.S.C. 1532). However, under Section 10(a)(1)(B) of the Act, we may
issue permits to authorize incidental take of listed species.
``Incidental Take'' is defined by the Act as take that is incidental
to, and not the purpose of, carrying out of an otherwise lawful
activity. Regulations governing incidental take permits for threatened
and endangered species are, respectively, in the Code of Federal
Regulations at 50 CFR 17.32 and 17.22. Issuance of an ITP also must not
jeopardize the existence of federally listed fish, wildlife, or plant
species.
The Act's take prohibitions do not apply to federally listed plant
species on private lands unless such take would be in violation of
State law. In addition to meeting other criteria, actions undertaken
through implementation of the HCP must not jeopardize the continued
existent of federally listed plant or animal species.
The applicant seeks an ITP for direct impacts to 5.5 acres to
ruderal, disturbed, and landscaped habitat occupied by Morro
shoulderband snail in association with a residential redevelopment
project. The project is proposed for a single Residential Single
Family-zoned parcel located along Los Osos Valley Road, between Pine
and Broderson Avenues in the west-central portion of the unincorporated
community of Los Osos, San Luis Obispo County, California. The parcel
is legally described as Assessor Parcel Number 074-052-049. The site
was originally developed for residential use more than 50 years ago and
most of the original residential structures remain on the site. The
applicant is requesting a 20-year ITP for take of Morro shoulderband
snail that would result from the ``Covered Activities'' that would
include the subdivision of land, demolition and removal of existing
structures, grubbing and regrading of the site, installation of site
infrastructure, phased construction of up to 26 new homes, and
occupation of these homes.
The applicant proposes to avoid, minimize, and mitigate take of
Morro shoulderband snails associated with the covered activities by
fully implementing the plan. The following measures will be implemented
to minimize the effects of the taking: (1) A Service-approved biologist
who possesses a valid recovery permit for the species will conduct
preconstruction and construction monitoring activities throughout
project implementation, inclusive of both construction phases, and as
needed during all facets of project construction when measurable rain
or heavy fog/dew occurs; (2) all live Morro shoulderband snails that
are found during the pre-construction surveys or construction
monitoring will be relocated to appropriate habitat at a Service-
approved parcel by the Service-approved biologist; (3) the Service-
approved biologist will conduct a preconstruction training meeting for
all personnel who will work onsite during construction; and (4) the
applicant will provide a Letter of Credit to ensure adequate funding is
available to perform these tasks. The following measure will be
implemented to mitigate for unavoidable take: Payment of no less than
$50,000 to the ``Morro Shoulderband Snail in-Lieu Fee Account (ID
52-138-4139) held by the National Fish and Wildlife
Foundation. This funding will implement recovery tasks identified in
the Recovery Plan for the Morro Shoulderband Snail and Four Plants from
Western San Luis Obispo County, California (USFWS, 1998) by
facilitating: (1) Development and preparation of a standardized survey
methodology for Morro shoulderband snail populations on conserved
lands, (2) implementation of species surveys using the standardized
methodology on selected conserved parcels, (3) compilation and analysis
of the collected data, and (4) preparation of a final report that
presents the study results and Morro shoulderband snail population
estimates on those surveyed lands.
In the proposed HCP, the applicant considers three alternatives to
the proposed action. Under the ``No Action'' alternative, current
conditions would be maintained, the HCP for Morro shoulderband snail
would not be implemented, and the Service would not issue an ITP. The
other alternatives include an alternative location for the project and
project redesign.
We are requesting comments on our preliminary determination that
the applicant's proposal will have a minor or negligible effect on the
Morro shoulderband snail and that the plan qualifies as a low-effect
HCP as defined by our Habitat Conservation Planning Handbook (November
1996). We base our determinations on three criteria: (1) Implementation
of 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. Based upon our analysis of these
criteria, we have made a preliminary determination that the approval of
the HCP and issuance of an ITP qualify for categorical exclusions under
the NEPA (42 U.S.C. 4321 et seq.), as provided by the Department of
Interior Manual (516 DM 2 Appendix 2 and 516 DM 8). Based upon our
review of public comments that we receive in response to this notice,
this preliminary determination may be revised.
Next Steps
We will evaluate the permit application, including the plan and
comments we receive, to determine whether the application meets the
requirements of section 10(a) of the Act. We will also evaluate whether
issuance of the ITP would comply with Section 7 of the Act by
conducting an intra-Service Section 7 consultation for the plan. We
will use the results of this consultation, in combination with the
above findings, in our final analysis to determine whether or not to
issue the ITP. If the requirements are met, we will issue an ITP to the
applicant for the incidental take of Morro shoulderband snail. We will
make the final permit decision no sooner than 30 days after 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
in ADDRESSES.
Public Availability of Comments
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 can
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.
Authority: We provide this notice under Section 10 of the Act
(U.S.C. 1531 et seq.) and NEPA regulations (40 CFR 1506.6).
Dated: September 21, 2010.
Diane K. Noda,
Field Supervisor, Ventura Fish and Wildlife Office, Ventura,
California.
[FR Doc. 2010-24099 Filed 9-24-10; 8:45 am]
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