[Federal Register Volume 78, Number 115 (Friday, June 14, 2013)]
[Notices]
[Pages 35951-35953]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-14135]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R8-ES-2013-N138; 1112-0000-81440-F2]
Proposed Low-Effect Habitat Conservation Plan for the City of
Santa Cruz Graham Hill Water Treatment Plant, Santa Cruz 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 from the City of Santa Cruz (applicant) for a
30-year incidental take permit under the Endangered Species Act of
1973, as amended (Act). The proposed permit would authorize take of the
federally endangered Mount Hermon June beetle (Polyphylla barbata) and
the federally endangered Zayante band winged grasshopper (Trimerotropis
infantilis), and will address associated impacts and conservation
measures for the federally endangered Ben Lomond spineflower
(Chorizanthe pungens var. hartwegiana), incidental to otherwise lawful
activities associated with the operation and maintenance of the
existing Graham Hill Water Treatment Plant, construction of new
facilities, which have the potential for minor temporary and long-term
impacts to Mount Hermon June beetle habitat within Santa Cruz County,
California, and restoration activities at the mitigation site.
The Service's proposed action is the issuance of a permit to the
City of Santa Cruz for a low-effect habitat conservation plan (HCP) for
incidental take of Mount Hermon June beetle and Zayante band-winged
grasshopper. Associated impacts and conservation measures for Ben
Lomond spineflower would also be included in the HCP. We are requesting
comments on the applicant's permit application and on our preliminary
determination that the proposed HCP qualifies as a low-effect HCP,
eligible for a categorical exclusion under the National Environmental
Policy Act (NEPA) of 1969, as amended. The basis for this determination
is discussed in the Environmental Action Statement (EAS) and the
associated low-effect screening form, which are available for public
review, along with the draft HCP.
DATES: Written comments should be received on or before July 15, 2013.
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, California 93003. Comments may also be sent by facsimile to
(805) 644-3958.
FOR FURTHER INFORMATION CONTACT: Lena Chang, Fish and Wildlife
Biologist, at the above address or by calling (805) 644-1766.
SUPPLEMENTARY INFORMATION:
Background
The Mount Hermon June beetle and Zayante band-winged grasshopper
were listed by the U.S. Fish and Wildlife Service as endangered on
January 1, 1997. The Ben Lomond spineflower was federally listed as
endangered on February 4, 1994. 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: ``[T]o
harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or
collect, or to attempt to
[[Page 35952]]
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
incidental take permit also must not jeopardize the existence of
federally listed fish, wildlife, or plant species.
However, take of listed plants is not prohibited under the Act
unless such take would violate State law. As such, take of plants
cannot be authorized under an incidental take permit. Plant species may
be included on a permit in recognition of the conservation benefits
provided them under a habitat conservation plan. Impacts to Ben Lomond
spineflower as a result of restoration and management activities and
associated conservation measures at the mitigation site would be
addressed in the HCP and the permit. All species included in the
incidental take permit would receive assurances under our ``No
Surprises'' regulations (50 CFR 17.22(b)(5) and 17.32(b)(5)). In
addition to meeting other criteria, actions undertaken through
implementation of the HCP must not jeopardize the continued existence
of federally listed plant or animal species.
The City of Santa Cruz Water Department is a municipal utility.
Santa Cruz is located on the central coast of California, where the San
Lorenzo River flows into Monterey Bay at the northern end of the
state's Central Coast hydrologic region. The applicant provides water
service to an area approximately 30 square miles in size, including the
entire city of Santa Cruz, adjoining unincorporated areas of Santa Cruz
County, a small part of the city of Capitola, and coastal agricultural
lands north of Santa Cruz. As part of the applicant's water system, the
applicant operates the Graham Hill Water Treatment Plant. The Graham
Hill Water Treatment Plant site contains habitat characteristics of the
Zayante Sandhills that support the Mount Hermon June beetle.
The HCP emphasizes protection of habitat through impact avoidance
and use of conservation measures designed to avoid or minimize impacts
to Mount Hermon June beetle. The applicant will supplement these
conservation measures, or avoidance and minimization measures, with
habitat restoration and enhancement measures, and other mitigation.
Activities to be addressed under the HCP include the installation, use,
maintenance, and repair of the applicant's existing Graham Hill Water
Treatment Plant, typical expansions to the facility, and restoration
activities at the mitigation site.
The proposed HCP would authorize impacts to the Mount Hermon June
beetle associated with the applicant's activities at the Graham Hill
Water Treatment Plant, potential future impacts to Zayante band-winged
grasshopper at the mitigation site should it occupy the site after
restoration activities are completed, and impacts to Ben Lomond
spineflower at the mitigation site as a result of restoration and
management activities. Potential impacts to Mount Hermon June beetle
would come from the daily operations and maintenance of the existing
facilities and new construction. These activities would include, but
not be limited to: inspection and monitoring of the facilities;
mulching around ponderosa pines; landscape management; weed management;
native planting; maintenance of vehicle access through grading of
access roads, parking areas, or staging areas for future construction;
facility maintenance; pipeline repair; and construction of new
facilities. Specific details regarding these activities may be found in
the HCP. Up to 5.7 acres of Mount Hermon June beetle habitat may be
lost through implementation of the HCP over 30 years.
The applicant proposes to implement general and specific
conservation measures designed to avoid or minimize take of Mount
Hermon June beetle and Zayante band-winged grasshopper, and associated
impacts to Ben Lomond spineflower. To mitigate temporary impacts, the
City will compensate for any future impacts by permanently protecting
Sandhills habitat occupied by the Mount Hermon June beetle at the Bonny
Doon property. To ensure mitigation in advance for impacts related to
City activities covered by the HCP, as a primary strategy, the City
will protect 17 acres at the Bonny Doon property in perpetuity. Of the
17 acres to be protected and managed in perpetuity, 5.7 acres will be
credited towards the HCP, while the remaining 11.3 acres may be used by
the City to mitigate for impacts of future projects. As a secondary
strategy, the City may purchase conservation credits at the Zayante
Sandhills Conservation Bank. The City will also revegetate any area of
temporary habitat loss on Zayante sandy soils at the water treatment
facility with plants native to the Zayante Sandhills. Specific details
regarding this mitigation measure can be found in the HCP.
Two alternatives to the proposed action are considered in the HCP.
Under the No Action Alternative, no permit would be issued and the
applicant would avoid take of Mount Hermon June beetle and Zayante
band-winged grasshopper, and impacts to Ben Lomond spineflower;
however, avoidance of impacts would not be possible for some of the
applicant's activities, precluding some critical projects from being
completed. Under the Project-by-Project Alternative, take of Mount
Hermon June beetle, Zayante band-winged grasshopper, and impacts to Ben
Lomond spineflower would be addressed either through section 7 or 10 of
the Act on a project-by-project basis. The proposed HCP provides more
comprehensive conservation of Mount Hermon June beetle, Zayante band-
winged grasshopper, and Ben Lomond spineflower, than either of the two
alternatives. In addition, the proposed HCP provides the applicant with
long-term predictability concerning the nature of its operations for
which incidental take is permitted, avoiding potential facility-
compromising delays.
We are requesting comments on our preliminary determination that
the applicant's proposal will have minor or negligible effects on the
Mount Hermon June beetle, Zayante band-winged grasshopper, and Ben
Lomond spineflower; and that the plan qualifies as a low-effect HCP as
defined by our Habitat Conservation Planning Handbook (Service 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 or 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. In our analysis of these
criteria, we have made a preliminary determination that the approval of
the HCP and issuance of an incidental take permit 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); however, based upon our review of public comments that we
receive in response to this notice, this preliminary determination may
be revised.
[[Page 35953]]
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 incidental take permit would comply with section 7 of
the Act by conducting an intra-Service section 7 consultation for the
plan.
Public Review
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). We are requesting comments on our determination that the
applicant's proposal will have a minor or negligible effect on the
Mount Hermon June beetle, Zayante band-winged grasshopper, and Ben
Lomond spineflower, and that the plan qualifies as a ``low-effect'' HCP
as defined by our 1996 Habitat Conservation Planning Handbook. 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
section 10(a)(1)(B) permit would comply with section 7 of the Act by
conducting intra-Service section 7 consultation for the plan. We will
use the results of these consultations, in combination with the above
findings, in our final analysis to determine whether or not to issue
the permits. If the requirements are met, we will issue a permit to the
applicant for the incidental take of Mount Hermon June beetle and
Zayante band-winged grasshopper. 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 applications, plans, 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, 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 of the Act (16 U.S.C. 1531
et seq.) and NEPA regulations (40 CFR 1506.6).
Dated: June 10, 2013.
Diane K. Noda,
Field Supervisor, Ventura Fish and Wildlife Office, Ventura,
California.
[FR Doc. 2013-14135 Filed 6-13-13; 8:45 am]
BILLING CODE 4310-55-P