[Federal Register Volume 79, Number 84 (Thursday, May 1, 2014)]
[Notices]
[Pages 24746-24748]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-09932]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R8-ES-2014-N073; FXES11120800000-145-FF08EVEN00]
Low-Effect Habitat Conservation Plan; Scotts Valley Multi-Agency
Regional Intertie Project, Santa Cruz County, CA
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, have received an
application from James Mueller, District Manager of the San Lorenzo
Valley Water District, for a 5-year 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 Mount
Hermon June Beetle and Zayante band-winged grasshopper, and the
federally threatened California red-legged frog, which is likely to
occur incidental to the construction and maintenance of two water pump
stations and an intertie pipeline connection on three parcels in
central Santa Cruz County, California. We invite comments from the
public on the application package, which includes a low-effect habitat
conservation plan (HCP) for the three species for the Scotts Valley
Multi-Agency Regional Intertie Project in Santa Cruz County,
California.
DATES: To ensure consideration, please send your written comments by
June 2, 2014.
ADDRESSES: You may download a copy of the habitat conservation plan,
draft
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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, Acting
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: Chad J. Mitcham, Fish and Wildlife
Biologist, by U.S. mail at the above address, or by telephone at (805)
644-1766.
SUPPLEMENTARY INFORMATION: We have received an application from James
Mueller, District Manager of the San Lorenzo Valley Water District, for
a 5-year incidental take permit (ITP) under the Endangered Species Act
of 1973, as amended (16 U.S.C. 1531 et seq.). The application addresses
the potential for ``take'' of the federally endangered Mount Hermon
June Beetle (Polyphylla barbata) and Zayante band-winged grasshopper
(Trimerotropis infantilis), and the federally threatened California
red-legged frog (Rana draytonii). This take is likely to occur
incidental to the construction and maintenance of two water pump
stations and an intertie water pipeline connection on three parcels in
central Santa Cruz County, California. The applicant would implement a
conservation program to minimize and mitigate project activities that
are likely to result in take of the three species as described in their
HCP. We invite comments from the public on the application package,
which includes a low-effect HCP for the three species for the Scotts
Valley Multi-Agency Regional Intertie Project in Santa Cruz County,
California. This proposed action has been determined to be eligible for
a categorical exclusion under the National Environmental Policy Act of
1969, as amended (NEPA; 43 U.S.C. 4321 et seq.).
Background
The U.S. Fish and Wildlife Service (Service) listed the Mount
Hermon June beetle and Zayante band-winged grasshopper as endangered on
January 24, 1997 (62 FR 3616), and listed the California red-legged
frog as threatened on May 23, 1996 (61 FR 25813). 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:
``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. The Act defines
``Incidental Take'' as take that is not the purpose of carrying out of
an otherwise lawful activity. Regulations governing ITPs for threatened
and endangered species are provided at 50 CFR 17.32 and 17.22,
respectively. Issuance of an ITP must not jeopardize the existence of
federally listed fish, wildlife, or plant species.
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 ITP. Plant species may be included on a permit in
recognition of the conservation benefits provided them under a HCP. All
species, including plants, covered by the ITP receive assurances under
our ``No Surprises'' regulations (50 CFR 17.22(b)(5) and 17.32(b)(5)).
In addition to meeting other specific criteria, actions undertaken
through implementation of the HCP must not jeopardize the continued
existence of federally listed animal or plant species.
Applicant's Proposal
James Mueller (hereafter, the applicant) has submitted a low-effect
HCP in support of his application for an incidental take permit (ITP)
to address take of the Mount Hermon June beetle, Zayante band-winged
grasshopper, and the California red-legged frog that is likely to occur
as the result of direct impacts to up to 0.226 acres (ac) (9,831 square
feet (sf)) of degraded Sandhills habitat that may be occupied by the
species. Take would be associated with the construction, operation, and
maintenance of two pump stations and a pipeline intertie connection on
three existing parcels legally described as Assessor Parcel Numbers
022-231-20, 066-221-06, and 061-371-16 and located in and around the
City of Scotts Valley in central Santa Cruz County, California. The
applicant is requesting a permit for take of Mount Hermon June beetle,
Zayante band-winged grasshopper, and the California red-legged frog
that would result from ``covered activities'' that include the
construction, operation, and maintenance of two pump stations and a
pipeline intertie connection.
The applicant proposes to minimize and mitigate take of the Mount
Hermon June beetle, Zayante band-winged grasshopper, and California
red-legged frog associated with the covered activities by fully
implementing the HCP.
The following measures will be implemented:
(1) Avoid impacts to these species by locating the new pipelines
underneath existing roads;
(2) Avoid construction during the flight seasons of the Mount
Hermon June beetle and Zayante band-winged grasshopper, if practicable;
(3) Cover exposed soils with erosion control fabric to prevent both
species from burrowing into exposed soil at the construction site if
soil-disturbing activities occur between May and October;
(4) Engage the services of a qualified entomologist to relocate any
larvae of the Mount Hermon June beetle unearthed during construction
activities to suitable habitat outside of the impact area;
(5) Use light bulbs that are certified not to attract nocturnally
active insects, in order to minimize disruption of Mount Hermon June
beetle breeding behavior during the adult flight season (i.e., if
outdoor night lighting is to be included on the new pump stations);
(6) Secure a Service-approved herpetologist to capture any
California red-legged frogs that disperse into project work areas and
to relocate them to suitable habitat outside of the impact area;
(7) Mitigate both temporary and permanent impacts to Mount Hermon
June beetle and Zayante band-winged grasshopper habitat through off-
site mitigation at a ratio of 1:1, through the acquisition of 0.226 ac
(9,831 sf) of conservation credits from the Zayante Sandhills
Conservation Bank; and
(8) Fund up to $336,479.00, as needed, to ensure implementation of
all minimization measures, monitoring, and reporting requirements
identified in the HCP.
In the proposed HCP, the applicant considers two alternatives to
the proposed action: ``No Action'' and ``Project Redesign.'' Under the
``No Action'' alternative, an ITP for the Scotts Valley Multi-Agency
Intertie Project (project) would not be issued. The project would not
be built, and the purchase of 9,831 sf of conservation credits would
not be provided to effect recovery actions for the Mount Hermon June
beetle and Zayante band-winged grasshopper in high-quality Sandhills
habitat located at the Zayante Sandhills Conservation Bank. Because the
proposed action results in a net benefit for the Mount Hermon June
beetle and Zayante band-winged grasshopper, and the No Action
Alternative does not meet
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the applicant's need, the No Action Alternative has been rejected.
Under the ``Project Redesign'' alternative, the project would be
redesigned to avoid or further reduce take of Mount Hermon June beetle,
Zayante band-winged grasshopper, and California red-legged frog.
However, smaller pump stations cannot satisfy the San Lorenzo Valley
Water District's need to regulate water flow in the new pipelines, and
thus will not meet the applicant's need. Therefore, no reduced take can
actually be realized. For this reason, the alternate design alternative
has also been rejected.
Our Preliminary Determination
We are requesting comments on our preliminary determination that
the applicant's proposal will have a minor or negligible effect on the
Mount Hermon June beetle, Zayante band-winged grasshopper, and
California red-legged frog, and that the HCP qualifies to be processed
as low effect as defined by our Habitat Conservation Planning Handbook
(November 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 negligible effects on other environmental
values or resources; and (3) project 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 approval of the HCP and issuance of an ITP qualify for categorical
exclusion under the National Environmental Policy Act (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.
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)(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.
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
applicants' proposal will have a minor or neglible effect on the Mount
Hermon June beetle, Zayante band-winged grasshopper, and California
red-legged frog, 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 HCP and comments we
receive, to determine whether the application 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, in our
final analysis to determine whether to issue the permits. If the
requirements are met, we will issue an ITP to the applicant for the
incidental take of Mount Hermon June beetle, Zayante band-winged
grasshopper, and California red-legged frog. 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: April 25, 2014.
Stephen P. Henry,
Field Supervisor, Ventura Fish and Wildlife Office, Ventura,
California.
[FR Doc. 2014-09932 Filed 4-30-14; 8:45 am]
BILLING CODE 4310-55-P