[Federal Register: April 20, 2010 (Volume 75, Number 75)]
[Notices]
[Page 20619-20621]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20ap10-78]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R8-ES-2010-N074; 1112-0000-81440-F2]
Endangered and Threatened Wildlife and Plants; Permit, Santa Cruz
County, CA
AGENCY: U.S. Fish and Wildlife Service, Interior.
ACTION: Notice of availability.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have
received an application from Todd and Lisa Mansfield (applicants) for
an incidental take permit under the Endangered Species Act of 1973, as
amended (Act). We are considering issuing a permit that would authorize
the applicants' take of the federally endangered Mount Hermon June
beetle (Polyphylla barbata) incidental to otherwise lawful activities
that would result in the permanent loss of 483 square feet of habitat
for the species in Scotts Valley, Santa Cruz County, California. We
invite comments from the public on the application, which includes a
Habitat Conservation Plan (HCP) that fully describes the proposed
project and measures the applicants would undertake to minimize and
mitigate anticipated take of the species. We also invite comments on
our preliminary determination that the HCP qualifies as a ``low-
effect'' plan, eligible for a categorical exclusion under the National
Environmental Policy Act (NEPA) of 1969, as amended. We explain the
basis for this determination in our draft Environmental Action
Statement and associated Low-Effect Screening Form, both of which are
also available for review.
[[Page 20620]]
DATES: To ensure consideration, please send your written comments by
May 20, 2010.
ADDRESSES: You may download a copy of the permit application, plan, 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: Jen Lechuga, HCP Coordinator, at the
Ventura address above, or by telephone at (805) 644-1766, extension
224.
SUPPLEMENTARY INFORMATION:
Background
The Mount Hermon June beetle was listed as endangered on January
24, 1997 (62 FR 3616). Section 9 of the Act (16 U.S.C. 1531 et seq.)
and our implementing Federal regulations in the Code of Federal
Regulations (CFR) at 50 part CFR 17 prohibit the ``take'' of fish or
wildlife species listed as endangered or threatened. Take of listed
fish or wildlife is defined under the Act as ``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). However, under limited
circumstances, we 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 threatened and endangered species are at 50 CFR 17.32 and
17.22, respectively. The Act's take prohibitions do not apply to
federally listed plants on private lands unless such take would violate
State law. In addition to meeting other criteria, an incidental take
permit's proposed actions must not jeopardize the existence of
federally listed fish, wildlife, or plants.
The applicants propose the construction of an addition to an
existing single-family residence within a 0.30 acre parcel (APN 021-
052-21) located at 9 Locke Way in Scotts Valley, Santa Cruz County,
California. The parcel contains Zayante sand soils and vegetation
consisting of landscaping and ruderal species. Habitat on this parcel
is presumed to be occupied by the Mount Hermon June beetle as the
species is known to occur approximately 550 feet to the west of the
property.
The proposed project would result in permanent impacts to a total
of 483 square feet of habitat for the Mount Hermon June beetle. The
applicants propose to implement the following measures to minimize and
mitigate for the loss of Mount Hermon June beetle habitat within the
permit area: (1) Applicants will purchase 483 square feet of
conservation credits at the Ben Lomond Sandhills Preserve of the
Zayante Sandhills Conservation Bank operated by PCO, LLC; (2) a
qualified biologist will oversee construction and provide worker
training on the Mount Hermon June beetle and requirements of the HCP;
(3) temporary fencing will be installed to demarcate the impact area
from the protected habitat area at the property; (4) any life stages of
the Mount Hermon June beetle will be captured and relocated if one is
observed in an area that would be impacted; (5) dust control measures
will be implemented to reduce impacts to the Mount Hermon June beetle
and its habitat; (6) approximately 408 square feet of degraded habitat
adjacent to the project area will be revegetated with native Sandhills
plant species; and (7) all exposed soils will be covered with
impermeable material if construction occurs during the species flight
season.
In the proposed HCP, the applicants consider three alternatives to
the taking of Mount Hermon June beetle. The No Action alternative would
maintain current conditions, the project would not be implemented, and
an incidental take permit application would not be submitted to the
Service. The second alternative would involve a redesign of the
project. The project would be reduced in scale under this alternative;
however, this alternative was rejected as the project would not meet
the applicants' need for additional living space. The third alternative
is the proposed action which includes issuing an incidental take permit
to the applicants, who would then implement the HCP.
We are requesting comments on our preliminary determination that
the applicants' proposal will have a minor or neglible effect on the
species covered in the plan, and that the plan qualifies as a ``low-
effect'' HCP as defined by our Habitat Conservation Planning Handbook
(November 1996). We base our determination that the HCP qualifies as a
low-effect plan on the following three criteria: (1) Implementation of
the HCP would result in minor or negligible effects on federally
listed, proposed, and candidate species and their habitats; (2)
implementation of the HCP would result in minor or negligible effects
on other environmental values or resources; and (3) impacts of the HCP,
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 Environmental Action Statement and associated Low-Effect
Screening Form, the applicants' proposed HCP qualifies as a ``low-
effect'' HCP for the following reasons:
(1) Approval of the HCP would result in minor or negligible effects
on the Mount Hermon June beetle and its habitat. We do not anticipate
significant direct or cumulative effects to the Mount Hermon June
beetle resulting from the proposed project;
(2) Approval of the HCP would not have adverse effects on unique
geographic, historic, or cultural sites, or involve unique or unknown
environmental risks;
(3) Approval of the HCP 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 project does not require compliance with Executive Order
11988 (Floodplain Management), Executive Order 11990 (Protection of
Wetlands), or the Fish and Wildlife Coordination Act, nor does it
threaten to violate a Federal, State, local, or tribal law or
requirement imposed for the protection of the environment; and
(5) Approval of the HCP would not establish a precedent for future
actions or represent a decision in principle about future actions with
potentially significant environmental effects.
We, therefore, have made the preliminary determination that the
approval of the HCP and incidental take permit application qualifies
for a categorical exclusion under the National Environmental Policy Act
(NEPA; 42 U.S.C. 4321 et seq.), as provided by the Department of the
Interior Manual (516 DM 2 Appendix 1 and 516 DM 8). Based on our review
of public comments that we receive in response to this notice, we may
revise this preliminary determination.
Next Steps
We will evaluate the HCP and comments we receive to determine
whether the permit application meets the requirements of section 10(a)
of the Act (16 U.S.C. 1531 et seq.). If we determine that the
application meets these requirements, we will issue the permit for
incidental take of the Mount Hermon June beetle. We will also evaluate
whether issuance of a section 10(a)(1)(B) permit would comply with
section 7 of the Act by conducting an
[[Page 20621]]
intra-Service section 7 consultation. 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 a permit. If the
requirements are met, we will issue the permit to the applicants.
Public Comments
If you wish to comment on the permit application, plan, 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 comments, you should be
aware that your entire comment--including your personal identifying
information--may be made publicly available at any time. 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. 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.
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.
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: April 14, 2010.
Diane K. Noda,
Field Supervisor, Ventura Fish and Wildlife Office, Ventura,
California.
[FR Doc. 2010-9047 Filed 4-19-10; 8:45 am]
BILLING CODE 4310-55-P