[Federal Register Volume 78, Number 182 (Thursday, September 19, 2013)]
[Notices]
[Pages 57651-57653]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-22778]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R8-ES-2013-N167; FF08ESMF-FXES11120800000-134]
Habitat Conservation Plan for the Community of Los Osos, San Luis
Obispo County, CA; Notice of Intent
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of intent; notice of public scoping meeting; request for
comments.
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SUMMARY: We, the U.S. Fish and Wildlife Service, intend to prepare
either an Environmental Assessment (EA) or an Environmental Impact
Statement (EIS) under the National Environmental Policy Act, as amended
(NEPA), for the proposed Los Osos Community-wide Habitat Conservation
Plan (LOHCP or plan). The LOHCP is being prepared by the County of San
Luis Obispo (County or applicant) in support of its application for an
incidental take permit under the Endangered Species Act of 1973, as
amended (Act). The decision to prepare an EA or EIS will be, in part,
contingent on the complexity of issues identified during, and
following, the scoping phase of the NEPA process. The proposed permit
would authorize the incidental take of threatened and endangered
wildlife species that could result from the activities covered under
the LOHCP and would include conservation measures to an endangered
plant species that would also be covered under the plan. We announce
meetings and invite comments from other agencies, Tribes, and the
public.
DATES: To ensure consideration of any written comments, please send by
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November 4, 2013. Two public scoping meetings will be held on Tuesday,
October 8, 2013; the first from 3:30 to 5:30 p.m., and the second from
7 to 9 p.m. For the public meeting address, see ``Scoping Meetings''
below.
ADDRESSES: To request further information or submit written comments,
please use one of the following methods and note that your information
request or comment is in reference to the Los Osos Community-wide
Habitat Conservation Plan.
U.S. Mail: U.S. Fish and Wildlife Service, Ventura Fish
and Wildlife Office, 2493 Portola Road, Suite B, Ventura, CA 93003.
In Person Drop-off, Viewing, or Pick-Up: Call 805-644-1766
to make an appointment during regular business hours to drop off
comments or view received comments at the U.S. mail address above.
Facsimile: U.S. Fish and Wildlife Service, 805-644-3958,
Attn: Julie M. Vanderwier.
FOR FURTHER INFORMATION CONTACT: Julie M. Vanderwier, Senior Fish and
Wildlife Biologist, or Douglass M. Cooper, Deputy Assistant Field
Supervisor, by phone at 805-644-1766 or by U.S. mail at the above
address. If you use a telecommunications device for the deaf, please
call the Federal Information Relay Service at 800-977-8339.
SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service
(Service), publish this notice under the National Environmental Policy
Act of 1969, as amended (42 U.S.C. 4321 et seq.; NEPA), and its
implementing regulations in the Code of Federal Regulations (CFR) at 40
CFR 1506.6, as well as in compliance with section 10(c) of the Act. We
intend to prepare either a draft EA or EIS, hereafter referred to as
the NEPA document, to evaluate the impacts of several alternatives
related to the potential issuance of an incidental take permit (ITP) to
the applicant, as well as impacts of the proposed Los Osos Community-
wide Habitat Conservation Plan.
The LOHCP is a comprehensive plan designed to provide long-term
conservation and management of sensitive species and the habitats upon
which those species depend within the Los Osos plan area, while
accommodating other important land uses.
Background
Section 9 of the Act (16 U.S.C. 1531 et seq.) and its implementing
regulations prohibit the ``take'' of wildlife species listed as
endangered or threatened. The Act defines the term ``take'' as to
harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or
collect listed wildlife species, or to attempt to engage in any such
conduct. Harm includes significant habitat modifications or degradation
where it actually kills or injures wildlife by significantly impairing
essential behavior patterns, including breeding, feeding, or sheltering
(50 CFR 17.3(c)). Pursuant to section 10(a)(1)(B) of the Act, we may
issue permits to authorize ``incidental take'' of listed wildlife
species. ``Incidental take'' is defined by the Act as take that is
incidental to, and not the purpose of, carrying out an otherwise lawful
activity. Service regulations governing permits for endangered and
threatened species are promulgated at 50 CFR 17.22 and 50 CFR 17.32,
respectively.
Section 10(a)(1)(B) of the Act contains provisions for issuing such
ITPs to non-Federal entities for the take of endangered and threatened
wildlife species, provided the following criteria are met:
The taking will be incidental to an otherwise lawful
activity;
The applicant will, to the maximum extent practicable,
minimize and mitigate the impact of such taking;
The applicant will develop a proposed habitat conservation
plan (HCP) and ensure that adequate funding for the plan is provided;
The taking will not appreciably reduce the likelihood of
the survival and recovery of the species in the wild; and
The applicant will carry out any other measures that the
Service may deem necessary or appropriate for purposes of implementing
the HCP.
Thus, the purpose of the proposed ITP is to authorize the County of
San Luis Obispo to incidentally take covered wildlife species
associated with development and other covered activities within the Los
Osos plan area provided such take is minimized and mitigated through an
HCP (the LOHCP) that meets the requirements of the Act. Implementation
of an HCP for multiple species can maximize the benefits of
conservation measures and eliminate expensive and time-consuming
efforts associated with processing of individual species ITPs. The
Service expects the County will request a permit term of 25 years.
Plan Area
The LOHCP plan area includes approximately 3,560 acres in the
unincorporated community of Los Osos. It is largely coterminous with
the Los Osos Urban Reserve Line--the boundary separating suburban and
rural land uses in the region, within which land use is guided by the
Estero Area Plan. The plan area borders the Morro Bay Estuary to the
west, Morro Bay State Park to the north, Los Osos Creek to the east,
and Montana de Oro State Park to the south. This area includes suitable
habitat for the covered species that is anticipated to be impacted by
the activities covered in the LOHCP.
Covered Activities
Four main categories of covered activities were identified through
the outreach conducted by the County to prepare the LOHCP:
Private development: Commercial and residential
development and redevelopment (including remodels) on privately owned
parcels;
Capital Projects: Public and private utility company
facility and infrastructure development projects, such as building or
expanding roads, libraries, and parks;
Facilities Operations and Maintenance: Public and private
utility company activities to operate and maintain, including repair
and replace, existing facilities, such as roads, drainage basins, and
water systems; and
Conservation Strategy Implementation: Activities conducted
to implement the LOHCP conservation strategy, including restoration,
management, maintenance, and monitoring of conservation lands used to
mitigate the effects of the other covered activities.
As the permittee, the County would have the ability to issue
certificates of inclusion to confer take coverage to landowners and
other entities for covered species and activities.
The LOHCP will include measures necessary to avoid, minimize, and
mitigate the effects of the taking for three wildlife species covered
by the plan that result from private development, capital projects,
facilities operation and maintenance, and implementation of the
conservation strategy within plan area. The LOHCP will also include
measures to conserve one endangered plant species covered by the plan.
Covered Species
We anticipate that four federally listed species will be included
as covered species in the proposed LOHCP: Morro Bay kangaroo rat
(Dipodomys heermanni morroensis; federally endangered), Morro
shoulderband snail (Helminthoglypta walkeriana; federally endangered),
Indian Knob mountainbalm (Eriodictyon altissimum; federally
endangered), and
[[Page 57653]]
Morro manzanita (Arctostaphylos morroensis; federally threatened).
``Take'' under the Act does not apply to listed plant species.
Consequently, the Act does not prohibit take of listed plant species,
and take of listed plant species cannot be authorized under an ITP. The
LOCHP proposes to include a listed plant species on the permit in
recognition of the conservation benefits provided for them under the
LOHCP. Additionally, inclusion of protections for federally listed
plant species in an HCP assists us in meeting our regulatory
obligations under section 7(a)(2) of the Act.
The applicant would receive assurances under the Service's ``No
Surprises'' regulations found in 50 CFR 17.22(b)(5) and 17.32(b)(5) for
all species included on the ITP.
Environmental Assessment or Environmental Impact Statement
Before deciding whether or not to issue the requested ITP, the
Service will prepare a draft NEPA document to analyze the environmental
impacts associated with issuance of this permit. In this document, we
will consider the following alternatives: (1) The proposed action,
which includes the issuance of take authorizations consistent with the
proposed LOHCP under section 10(a)(1)(B) of the Act; (2) no-action (no
permit issuance); and (3) a reasonable range of alternatives that could
include variations in impacts, conservation, permit duration, covered
species, covered activities, permit area, or a combination of these
elements.
The NEPA document will identify and analyze potentially significant
direct, indirect, and cumulative impacts of permit issuance and the
implementation of the proposed LOHCP on biological resources, land
uses, utilities, air quality, water resources, cultural resources,
socioeconomics and environmental justice, recreation, aesthetics,
climate change and greenhouse gases, and other environmental issues
that could occur with the implementation of each alternative. The
Service will also identify measures to avoid or minimize any
significant effects of the proposed action on the quality of the human
environment.
Following completion of the environmental review, the Service will
publish a notice of availability and a request for comment on the draft
NEPA document and the applicant's permit application (which will
include the proposed LOHCP.)
Public Comments
We request data, comments, new information, and suggestions from
the public, other concerned governmental agencies, the scientific
community, Tribes, industry, or any other party on this notice. We will
consider these comments in developing a draft NEPA document and in the
development of the LOCHP and ITP. We particularly seek comments on the
following:
1. Biological information concerning the species proposed to be
covered in the LOHCP, including information on range, distribution,
population sizes, and population trends;
2. Relevant information concerning impacts of proposed covered
activities on these species;
3. Information on other current or planned activities in the plan
area and their possible impacts on the species;
4. The presence of archaeological sites, buildings and structures,
historic events, sacred and traditional areas, and other historic
preservation concerns, which must be considered in project planning by
the National Historic Preservation Act;
5. A range of alternatives to be included in the NEPA document; and
6. Any other environmental issues that should be considered with
regard to the proposed development and permit action.
You may submit your comments and materials by any one of the
methods listed in the ADDRESSES section.
Comments and materials we receive, as well as supporting
documentation we use in preparing the draft NEPA document, will be
available for public inspection by appointment, during normal business
hours (Monday through Friday, 8 a.m. to 4 p.m.) at the Service's
Ventura address (see ADDRESSES). Please note that all comments and
materials we receive, including names and addresses, will become part
of the administrative record and may be released to the public. 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
review, we cannot guarantee that we will be able to do so.
Scoping Meetings
The scoping meeting will be held at the South Bay Community Center,
located at 2180 Palisades Avenue, Los Osos, CA; see DATES for the dates
and times of the meetings. The purpose of scoping meetings is to
provide the public with a general understanding of the background of
the proposed LOHCP and activities it would cover, alternative proposals
under consideration for the draft EA or EIS, and the Service's role and
steps to be taken to develop the draft NEPA document for the proposed
LOHCP; and also to solicit suggestions and information on the scope of
issues and alternatives for the Service to consider when drafting the
EA or EIS. Written comments will be accepted at the meetings. Comments
can also be submitted by the methods listed in the ADDRESSES section.
Once the draft NEPA document and proposed LOCHP are complete and made
available for public review, there will be additional opportunity for
public comments on the content of these documents.
Scoping Meetings Location Accommodations
Persons needing reasonable accommodation in order to attend and
participate in the public meetings should contact Julie M. Vanderwier
at 805-664-1766 as soon as possible. In order to allow sufficient time
to process requests, a request should be submitted no later than 1 week
before the public meetings.
Authority
We provide this notice under section 10(c) of the Act (16 U.S.C.
1531 et seq.) and NEPA implementing regulations (40 CFR 1501.7, 40 CFR
1506.6, and 40 CFR 1508.22).
Dated: September 13, 2013.
Alexandra Pitts,
Deputy Regional Director, Pacific Southwest Region, Sacramento, CA.
[FR Doc. 2013-22778 Filed 9-18-13; 8:45 am]
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