[Federal Register Volume 79, Number 65 (Friday, April 4, 2014)]
[Notices]
[Pages 18927-18929]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-07521]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R8-ES-2014-N043; FF08E00000-FXES11120800000-145]
Proposed Low-Effect Habitat Conservation Plan for the California
Red-Legged Frog, Sonoma County, California
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; receipt of permit application, proposed
habitat conservation plan; request for comment.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have
received an application from Bradley Jacobs (applicant) for a 5-year
incidental take permit under the Endangered Species Act of 1973, as
amended (Act). The application addresses the potential for ``take'' of
one listed animal, the California red-legged frog. The applicant would
implement a conservation program to minimize and mitigate the project
activities, as described in the applicant's low-effect habitat
conservation plan (HCP). We request comments on the applicant's
application and HCP, and our preliminary determination that the HCP
qualifies as a ``low-effect'' habitat conservation plan, eligible for a
categorical exclusion under the National Environmental Policy Act of
1969, as amended (NEPA). We discuss our basis for this determination in
our environmental action statement (EAS), also available for public
review.
DATES: To ensure consideration, please send your written comments by
May 5, 2014. We will make the final permit decision no sooner than May
5, 2014.
ADDRESSES: Submitting Comments: Please address written comments to
Stephanie Jentsch, Coast Bay Forest Foothills Division, U.S. Fish and
Wildlife Service, Sacramento Fish and Wildlife Office, 2800 Cottage
Way, W-2605, Sacramento, CA 95825. Alternatively, you may send comments
by facsimile to (916) 414-6713.
Reviewing Documents: You may obtain copies of the permit
application, HCP, and EAS from the individuals in FOR FURTHER
INFORMATION CONTACT, or from the Sacramento Fish and Wildlife Office
Web site at http://www.fws.gov/sacramento. Copies of these documents
are also available for public inspection, by appointment, during
regular business hours, at the Sacramento Fish and Wildlife Office.
FOR FURTHER INFORMATION CONTACT: Mike Thomas, Chief, Conservation
Planning Division, or Eric Tattersall, Deputy Assistant Field
Supervisor, at the address shown above or at (916) 414-6600
(telephone). If you use a telecommunications device for the deaf,
please call the Federal Information Relay Service at (800) 877-8339.
SUPPLEMENTARY INFORMATION:
Introduction
We have received an application from Bradley Jacobs (applicant) for
a 5-year incidental take permit under the Endangered Species Act of
1973, as amended (Act). The application addresses the potential for
``take'' of one listed animal, the California red-legged frog. The
applicant would implement a conservation program to minimize and
mitigate the project activities, as described in the applicant's low-
effect habitat conservation plan (HCP). We request comments on the
applicant's application and HCP, and our preliminary determination that
the HCP qualifies as a ``low-effect'' habitat conservation plan,
eligible for a categorical exclusion under the National Environmental
Policy Act of 1969, as amended (NEPA). We discuss our basis for this
determination in our environmental action statement (EAS), also
available for public review.
Background Information
Section 9 of the Act (16 U.S.C. 1531-1544 et seq.) and Federal
regulations (50 CFR 17) prohibit the taking of fish and wildlife
species listed as endangered or threatened under section 4 of the Act.
Take of federally listed fish or wildlife is defined under the Act as
to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or
collect listed species, or attempt to engage in such conduct. The term
``harass'' is defined in the regulations as to carry out actions that
create the likelihood of injury to listed species to such an extent as
to significantly disrupt normal behavioral patterns, which include, but
are not limited to, breeding, feeding, or sheltering (50 CFR 17.3). The
term ``harm'' is defined in the regulations as significant habitat
modification or degradation that results in death or injury of listed
species by significantly impairing essential behavioral patterns,
including breeding, feeding, or sheltering (50 CFR 17.3). However,
under specified circumstances, the Service may issue permits that allow
the take of federally listed species, provided that the take that
occurs is incidental to, but not the purpose of, an otherwise lawful
activity.
Regulations governing permits for endangered and threatened species
are at 50 CFR 17.22 and 17.32, respectively. Section 10(a)(1)(B) of the
Act contains provisions for issuing such incidental take permits to
non-Federal entities for the take of endangered and threatened species,
provided the following criteria are met:
(1) The taking will be incidental;
(2) The applicants will, to the maximum extent practicable,
minimize and mitigate the impact of such taking;
(3) The applicants will develop a proposed HCP and ensure that
adequate funding for the HCP will be provided;
(4) The taking will not appreciably reduce the likelihood of the
survival and recovery of the species in the wild; and
(5) The applicants will carry out any other measures that the
Service may require as being necessary or appropriate for the purposes
of the HCP.
Proposed Project
The draft HCP addresses potential effects to the California red-
legged frog that may result from proposed activities, and the applicant
seeks incidental take authorization for covered activities within 8.5
acres located at 24129 Turkey Road, Sonoma County, California. The
federally threatened California red-legged frog (Rana draytonii) will
be the only covered species in the applicant's proposed HCP.
The applicant would seek incidental take authorization for this one
covered species and would receive assurances under our ``No Surprises''
regulations (50 CFR 17.22(b)(5) and 17.32(b)(5)).
Proposed Covered Activities
The following actions are proposed as the ``Covered Activities''
under the HCP: Approximately 4.75 acres of upland grassland habitat for
California red-legged frog will be developed with a residence and
vineyard, and 0.15 acre of grassland will be temporarily disturbed to
install utilities. This will include the construction of an
approximately 3,500-square-foot house, construction of a 1,800-square-
foot agricultural building, construction of a gravel road and turn-
around, the installation of a sewage disposal system, and the planting
of a 4.5-acre vineyard within the 8.5-acre undeveloped site. The
applicant seeks a 5-year permit to cover the activities associated with
this proposed development within the 8.5-acre site (the permit area).
Proposed Mitigation Measures
The applicant proposes to avoid, minimize, and mitigate the effects
to the covered species associated with the Covered Activities by fully
implementing the HCP. The following
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mitigation and minimization measures will be implemented:
Purchase of 0.75-acres of California red-legged frog
credits at a Service-approved conservation bank;
A pre-construction survey by a qualified biologist prior
to start of work;
An employee education program;
Presence of an on-site biological monitor during initial
grading and vegetation clearing;
Survey of equipment and trenches by a biological monitor
prior to start of work each day;
Implementation of an erosion and sediment control plan
that does not use materials that could entrap or injure California red-
legged frogs;
Implementation of Best Management Practices to prevent any
construction debris or sediment from impacting adjacent habitat;
Limiting access routes and staging areas to the minimum
necessary;
Storing food-related trash in sealed containers and
removing trash every 3 days;
Prohibiting pets in the project site during construction;
Enforcing a speed limit of 15 miles per hour on dirt
roads;
Maintaining all equipment to prevent leaks;
Storing hazardous materials in sealed containers in a
designated location at least 200 feet from aquatic habitat;
Conducting grading between April 15 and October 15;
Re-vegetating temporarily disturbed areas with appropriate
native seed mixtures.
Proposed Action and Alternatives
Our proposed action (see below) is approving the applicant's HCP
and issuance of an incidental take permit for the applicant's Covered
Activities. As required by the Act, the applicant's HCP considers
alternatives to the take under the proposed action. The HCP considers
the environmental consequences of two alternatives to the proposed
action: (1) The No Action Alternative; and (2) the Reduced Development
Alternative.
No-Action Alternative
Under the No-Action Alternative, we would not issue an incidental
take permit; the applicant would not build the proposed residence and
vineyard; the project area would remain undeveloped; and the applicant
would not implement proposed mitigation measures. While this No-Action
Alternative would avoid take of covered-species, it is considered
infeasible because it would result in unnecessary economic burden on
the applicant. It also could result in the transfer of the parcel to a
party that would fully develop the property without maintaining any
habitat on site. For these reasons, the No-Action Alternative has been
rejected.
Reduced Development Alternative
Under the Reduced Development Alternative, the access roadway and
vineyard would remain the same as in the proposed action, but the
proposed structures would be reduced in size, thereby reducing the
total amount of grassland developed. The Service would issue a permit,
and the applicant would implement the proposed mitigation measures.
While this Reduced Development Alternative would reduce the loss of
grassland habitat, it would still potentially result in take of the
California red-legged frog, and it would not reduce the project
footprint to a biologically meaningful extent. In addition, this
alternative would require the employment of a vineyard management
company, resulting in unnecessary economic burden to the applicant and
in increased traffic in the permit area. For these reasons, the Reduced
Development Alternative has been rejected.
Proposed Action
Under the Proposed Action Alternative, we would issue an incidental
take permit for the applicant's proposed project, which includes the
activities described above. The Proposed Action Alternative would
result in the permanent loss of 0.25-acres of upland habitat for
California red-legged frog that would be converted to buildings or
roads. Approximately 0.15-acres of upland habitat would be temporarily
disturbed but would then be reseeded to grassland. An additional 4.5
acres of grassland would be converted to vineyard, thereby decreasing
the quality of upland habitat for California red-legged frog in the
permit area. To mitigate for these effects, the applicant proposes to
purchase 0.75-acres of credits for California red-legged frog at a
Service-approved conservation bank. In addition, the on-site pond and
surrounding grassland in the northwestern corner of the property will
not be developed and will be managed according to a Service-approved
plan that would improve habitat conditions for California red-legged
frog.
National Environmental Policy Act
As described in our EAS, we have made the preliminary determination
that approval of the proposed HCP and issuance of the permit would
qualify as a categorical exclusion under NEPA (42 U.S.C. 4321-4347 et
seq.), as provided by NEPA implementing regulations in the Code of
Federal Regulations (40 CFR 1500.5(k), 1507.3(b)(2), 1508.4), by
Department of Interior regulations (43 CFR 46.205, 46.210, 46.215), and
by the Department of the Interior Manual (516 DM 3 and 516 DM 8). Our
EAS found that the proposed HCP qualifies as a ``low-effect'' habitat
conservation plan, as defined by our ``Habitat Conservation Planning
and Incidental Take Permitting Process Handbook'' (November 1996).
Determination of whether a habitat conservation plan qualifies as
low-effect is based on the following three criteria: (1) Implementation
of the proposed HCP would result in minor or negligible effects on
federally listed, proposed, or candidate species and their habitats;
(2) implementation of the proposed 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 projects, would not result, over
time, in cumulative effects to environmental values or resources that
would be considered significant. Based upon the preliminary
determinations in the EAS, we do not intend to prepare further NEPA
documentation. We will consider public comments when making the final
determination on whether to prepare an additional NEPA document on the
proposed action.
Public Comments
We request data, comments, new information, or suggestions from the
public, other concerned governmental agencies, the scientific
community, Tribes, industry, or any other interested party on this
notice. We particularly seek comments on the following:
(1) Biological information concerning the species;
(2) Relevant data concerning the species;
(3) Additional information concerning the range, distribution,
population size, and population trends of the species;
(4) Current or planned activities in the subject area and their
possible impacts on the species; and
(5) Identification of any other environmental issues that should be
considered with regard to the proposed transmission line and permit
action.
You may submit your comments and materials by one of the methods listed
above in ADDRESSES. Comments and materials we receive, as well as
supporting documentation we used in preparing the EAS, will be
available for public inspection by appointment, during normal business
hours, at our
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office (see FOR FURTHER INFORMATION CONTACT).
Public Availability of Comments
Before including your address, phone number, or other personal
identifying information in your comment, you should be aware that your
entire comment--including your personal identifying information--might
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.
Next Steps
We will evaluate the permit application, including the HCP, and
comments we receive to determine whether the application meets the
requirements of section 10(a) of the Act. If the requirements are met,
we will issue a permit to the applicant for the incidental take of the
California red-legged frog from the implementation of the covered
activities described in the Low-Effect Habitat Conservation Plan for
California Red-legged Frog, Level 1 New Vineyard, 24129 Turkey Road,
Sonoma County, California. We will make the final permit decision no
sooner than 30 days after publication of this notice in the Federal
Register.
Authority
We publish this notice under the National Environmental Policy Act
of 1969, as amended (42 U.S.C. 4321-4347 et seq.; NEPA), and its
implementing regulations in the Code of Federal Regulations (CFR) at 40
CFR 1500-1508, as well as in compliance with section 10(c) of the
Endangered Species Act (16 U.S.C. 1531-1544 et seq.; Act).
Dated: March 31, 2014.
Jennifer M. Norris,
Field Supervisor, Sacramento Fish and Wildlife Office, Sacramento,
California.
[FR Doc. 2014-07521 Filed 4-3-14; 8:45 am]
BILLING CODE 4310-55-P