[Federal Register Volume 79, Number 96 (Monday, May 19, 2014)]
[Notices]
[Pages 28765-28767]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-11478]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R8-ES-2014-N077; FXES11120800000-145-FF08EVEN00]
Moreno Low-Effect Habitat Conservation Plan for the Morro
Shoulderband Snail; Community of Los Osos, San Luis Obispo 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 Cayetano Moreno (applicant) for an
incidental take permit (ITP) under the Endangered Species Act of 1973,
as amended (Act). The application addresses the potential for ``take''
of the federally endangered Morro shoulderband snail that may occur
incidental to the construction, maintenance, and occupation of a
single-family residence and guesthouse and the implementation of a
conservation plan. We invite comments from the public on the
application package, which includes the Moreno Low-Effect Habitat
Conservation Plan for the Morro Shoulderband Snail (HCP). We have
determined that this proposed action is eligible for a categorical
exclusion under the National Environmental Policy Act of 1969, as
amended (NEPA).
DATES: To ensure consideration, please send your written comments by
June 18, 2014.
ADDRESSES: You may download a copy of the habitat conservation plan,
draft environmental action statement and low-effect screening form, and
related documents on the internet at http://www.fws.gov/ventura/, or
you may request copies of the documents by U.S. mail or phone (see
below). Please address written comments to Stephen P. Henry, 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, Senior Fish and
Wildlife Biologist, at the above address, or by calling (805) 644-1766.
SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service
(Service), have received an application from Cayetano Moreno
(applicant) for an incidental take permit (ITP) under the Endangered
Species Act of 1973, as
[[Page 28766]]
amended (Act). The application addresses the potential for ``take'' of
the federally endangered Morro shoulderband snail (Helminthoglypta
walkeriana) that may occur incidental to the construction, maintenance,
and occupation of a single-family residence and guesthouse and the
implementation of a conservation strategy on an existing legal parcel
in the unincorporated community of Los Osos, San Luis Obispo County,
California. The Applicant requests a permit term of 8 years and commits
to implement a conservation program to minimize and mitigate project
activities that are likely to result in take of the Morro shoulderband
snail as described in their plan. We invite comments from the public on
the application package, which includes the Moreno Low-Effect Habitat
Conservation Plan for the Morro Shoulderband Snail (HCP). We have
determined that this proposed action is eligible for a categorical
exclusion under NEPA.
Background
The Morro shoulderband snail (= banded dune snail; Helminthoglypta
walkeriana) was listed by the Service as endangered on December 15,
1994 (59 FR 64613). Section 9 of the Act and its implementing
regulations (16 U.S.C. 1531 et seq.) 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, 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. This section defines ``incidental
take'' as take that is not the purpose of carrying out an otherwise
lawful activity. Regulations governing incidental take permits for
threatened and endangered species are provided in the Code of Federal
Regulations at 50 CFR 17.32 and 17.22. Issuance of an incidental take
permit (ITP) must not jeopardize the existence of federally listed
fish, wildlife, or plant species.
Applicant's Proposal
The applicant has submitted a low-effect HCP in support of his
application for an ITP to address take of Morro shoulderband snail
likely to result from impacts associated with the development of a 1.2-
acre (52,272 square feet; sf) parcel. Take would be associated with the
construction, maintenance, and occupation of a single-family residence
and guesthouse, and associated infrastructure and landscaping, on an
existing parcel legally described as County of San Luis Obispo Assessor
Parcel Number 074-323-020. This parcel is located at the northeastern
corner of Chumash Lane and Al Sereno in Los Osos, an unincorporated
community of San Luis Obispo County, California. The applicant is
requesting an ITP to address incidental take of Morro shoulderband
snail that is likely to result from activities identified in the HCP.
These ``covered'' activities include the construction, maintenance, and
occupation of a single-family residence and guesthouse, along with
associated infrastructure and landscaping, as well as implementation of
a conservation strategy. Project implementation would, at a minimum,
result in permanent impacts to approximately 0.2 acre (8,712 sf);
however, could result in some level of disturbance to an additional
0.425 acre (18,513 sf), attributable to occupation of the residence and
guesthouse.
The applicant proposes to minimize and mitigate take of Morro
shoulderband snail associated with the covered activities by fully
implementing the HCP. Take would be minimized by implementing the
following: (1) Development and delivery of an environmental training
program to all personnel working onsite throughout all phases of
project implementations; (2) conducting pre-construction and
construction monitoring surveys to identify any individuals, of any
life stage, that could be in harm's way; (3) fencing of the development
area to preclude accidental egress into conserved habitat; and (4)
capture and moving of those identified Morro shoulderband snails into
on-site habitat to be conserved and enhanced. Unavoidable take would be
mitigated through the conservation and enhancement of 0.625 acres of
coastal dune scrub and maritime chaparral in the northern portion of
the parcel. This area would be dedicated to the County of San Luis
Obispo as open space, and all activities, with the exception of those
intended to enhance habitat values for Morro shoulderband snail, would
be prohibited.
As part of the HCP, the applicant considered two alternatives to
the proposed action to construct a residence and guesthouse. Under the
``No Action'' alternative, an ITP for the proposed project would not be
issued. As the property is privately owned, there are ongoing economic
considerations associated with retaining the parcel in its undeveloped
state (e.g., payment of associated property taxes). The sale of the
parcel for purposes other than the identified activity (which is
consistent with current zoning) is not considered economically
feasible. Additionally, there would be no conservation or enhancement
of habitat for Morro shoulderband snail. For these reasons, the ``No
Action'' alternative is rejected.
The intent of the ``Alternate Design'' alternative would be to
avoid or further reduce (minimize) take of Morro shoulderband snail. As
the entire parcel contains native habitat that is variously occupied by
Morro shoulderband snail, it is not possible to avoid take of the
species. The residence and guesthouse are currently sited adjacent to
existing residences and in an area of native habitat that is disturbed
by the presence of the nonnative perennial veldt grass (Ehrharta
calycina). Further reducing the project footprint would not
substantially increase conservation of Morro shoulderband snails and
would not meet the applicant's needs. As such, the ``Alternate Design''
alternative has also been rejected.
Preliminary Determination
We are requesting comments on our preliminary determination that
the applicant's plan may be processed as a low-effect HCP as defined by
our Habitat Conservation Planning Handbook (November 1996) and
qualifies for categorical exclusion under NEPA section 42 U.S.C. 4321
et seq., as provided by the Department of the Interior Manual (516 DM 2
Appendix 2 and 516 DM 8). Our determination is based upon the
following: (1) Implementation of the proposed project as described in
the HCP would result in minor or negligible effects on the federally
listed Morro shoulderband snail and its habitat; (2) implementation of
the HCP would result in minor or negligible effects on other
environmental values or resources; and (3) the 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 review of public comments we receive in response to this
notice, our preliminary determination may be revised.
Next Steps
We will evaluate the permit application, the HCP, and comments we
receive to determine whether the application meets the requirements of
section 10(a)(1)(B) of the Act. We will also evaluate whether issuance
of the ITP would comply with section 7(a)(2) of the Act by conducting
an intra-Service Section 7 consultation.
[[Page 28767]]
Public Review
We are requesting comments on our determination that the
applicant's proposal will have a minor or neglible effect on the Morro
shoulderband snail and meets the requirements of section 10(a)(1)(B) of
the Act. We will use the results of our internal Service consultation,
in combination with the above findings and public comments, to
determine whether to issue the ITP. If all requirements are met, an ITP
will be issued to the Applicant to authorize incidental take of Morro
shoulderband snail in association with implementation of the proposed
project. We will make our 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, plans, and
associated documents, you may submit using 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 available to the public 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(c) of the Act and the NEPA
public involvement regulations (40 CFR 1500.1(b), 1500.2(d), and
1506.6).
Dated: May 12, 2014.
Stephen P. Henry,
Field Supervisor, Ventura Fish and Wildlife Office, Ventura,
California.
[FR Doc. 2014-11478 Filed 5-16-14; 8:45 am]
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