[Federal Register Volume 79, Number 115 (Monday, June 16, 2014)]
[Notices]
[Pages 34344-34345]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-13969]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R8-ES-2014-N114; FXES11120800000-145-FF08EVEN00]
Low-Effect Habitat Conservation Plan for the Morro Shoulderband
Snail; Lewis-Barnes Parcel, Community of Los Osos, San Luis Obispo
County, California
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for comment.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have
received an application for a 10-year incidental take permit under the
Endangered Species Act of 1973, as amended. The application addresses
the potential for ``take'' of the federally endangered Morro
shoulderband snail that is likely to occur incidental to the
construction and maintenance of a single-family residence and
implementation of a conservation strategy. We invite comments from the
public on the application package, which includes a low-effect habitat
conservation plan for the Morro shoulderband snail.
DATES: To ensure consideration, please send your written comments by
July 16, 2014.
ADDRESSES: You may download a copy of the habitat conservation plan and
draft environmental action statement and low-effect screening form 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 phone at (805) 644-1766.
SUPPLEMENTARY INFORMATION: We have received an application from Joaquin
Lewis and Gwenda Barnes for a 10-year incidental take permit (ITP)
under the Endangered Species Act (Act; 16 U.S.C. 1531 et seq.). The
application addresses the potential for ``take'' of the federally
endangered Morro shoulderband snail (Helminthoglypta walkeriana) that
is likely to occur incidental to the construction and maintenance of a
single-family residence and implementation of a conservation strategy
on an existing legal single-family--zoned parcel in the unincorporated
community of Los Osos, San Luis Obispo County, California. The
applicants have committed 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 low-effect HCP for the Morro shoulderband snail. This
proposed action has been determined to be eligible for a categorical
exclusion under National Environmental Policy Act (NEPA).
Background
We listed the Morro shoulderband 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. The Act defines ``incidental take'' as take
that is not the purpose of carrying out of an otherwise lawful
activity. The Code of Federal Regulations provides those regulations
governing incidental take permits for threatened and endangered species
at 50 CFR 17.32 and 17.22. Issuance of an incidental take permit must
not jeopardize the existence of federally listed fish, wildlife, or
plant species.
The Applicants' Proposed Project
Joaquin Lewis and Gwenda Barnes (hereafter, the applicants) are the
owners of an existing residentially zoned 20,038-square-foot (0.46-
acre) parcel legally described as County of San Luis Obispo Assessor
Parcel Number 074-483-013. It is located at 216 Madera Street in the
western portion of Los Osos, an unincorporated community of San Luis
Obispo County, California. The applicants have submitted a low-effect
habitat conservation plan in support of their application for an ITP to
address take of Morro shoulderband snail likely to occur as the result
of direct impacts to up to 20,038 square feet (sf) (0.46 acres) of
predominantly nonnative habitat occupied by the species. This take
would be associated with the continued construction and maintenance of
a single-family residence, along with implementation of the
conservation strategy. The applicants are requesting a permit for take
of Morro shoulderband snail that would result from ``covered
activities'' in the HCP that include the construction and maintenance
of a single-family residence and associated infrastructure and
landscaping.
The applicants propose to minimize and mitigate take of Morro
shoulderband snail associated with the covered activities by fully
implementing the HCP. The following measures would be implemented to
minimize the effects of the taking: (1) Pre-construction and concurrent
construction monitoring surveys for Morro shoulderband snail would be
conducted, (2) all identified individuals of any life stage of Morro
shoulderband snail would be captured and moved out of harm's way to a
Service-approved receptor site by an individual in possession of a
current valid recovery permit for the species, and (3) a contractor and
employee environmental training program for Morro shoulderband snail
would be developed and implemented. To mitigate for unavoidable take,
the applicants would contribute $4,500 to an impact-directed
environmental account held and administered by the National Fish and
Wildlife Foundation. The use of these funds is to implement recovery
tasks identified in the Recovery Plan for the Morro Shoulderband Snail
and Four Plants from Western San Luis Obispo County, California (USFWS
1998). The applicants would fund up to $4,300, as needed, to ensure
implementation of all of the minimization measures and reporting
requirements identified in the HCP.
In the proposed HCP, the applicants consider two alternatives to
the proposed action: ``No Action'' and ``Project Design.'' Under the
``No Action'' alternative, the Service would not issue an ITP, and the
legal construction of a single-family residence would not occur. Absent
the ITP, there would be no contribution of in-lieu fees
[[Page 34345]]
to effect recovery actions for the Morro shoulderband snail. Since the
property is privately owned, there are ongoing economic considerations
associated with continued ownership absent its intended use upon
purchase, the primary of which is payment of associated taxes. The sale
of this property for other than the currently zoned and identified
purpose is not considered biologically meaningful or economically
feasible. Because of economic considerations and because the proposed
action results in a net benefit for the Morro shoulderband snail, the
No Action Alternative has been rejected.
The ``Project Redesign'' alternative would involve design of a
project that would further reduce or avoid altogether take of Morro
shoulderband snail. Construction permit PMT2009-01239 was issued to the
former property owners in 2010. At that original time, take of the
Morro shoulderband snail was not considered likely to result from
project implementation. In accordance with the conditions of the
construction permit, the building foundation and septic system for the
single-family residence were completed in 2011. Because of the presence
of the existing infrastructure, it is economically unfeasible to change
the scope of the Lewis-Barnes project. For this reason, the project
redesign alternative is also rejected.
Our Preliminary Determination
We are requesting comments on our preliminary determination that
the applicants' proposal will have a minor or negligible effect on the
Morro shoulderband snail, and that the plan qualifies for a low-effect
HCP as defined by our Habitat Conservation Planning Handbook (November
1996). Three criteria form the basis for our determination: (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) HCP impacts, considered together with
those of other past, present, and reasonably foreseeable future
projects, would not result in cumulatively significant effects. It is
our preliminary determination that HCP approval and ITP issuance
qualify for categorical exclusion under the NEPA (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); however, we may revise our determination
based upon review of public comments received in response to this
notice.
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 are requesting comments on our determination that the
applicants' proposal will have a minor or negligible effect on the
Morro shoulderband snail, and that the plan qualifies as a low-effect
HCP. We will evaluate the permit application, including the HCP and
comments we receive, to make a final determination regarding whether
the application meets the requirements of section 10(a)(1)(B) of the
Act. We will use the results of our intra-Service consultation, in
combination with the above findings, in our final analysis to determine
whether to issue the ITP. If the requirements are met, we will issue
the permit to the applicants to authorize incidental take of the Morro
shoulderband snail. 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, HCP, and
associated documents, you may submit comments by any one of the methods
provided 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(c) of the Act and the NEPA
public involvement regulations (40 CFR 1500.1(b), 1500.2(d), and
1506.6).
Dated: June 10, 2014.
Stephen P. Henry,
Field Supervisor, Ventura Fish and Wildlife Office, Ventura,
California.
[FR Doc. 2014-13969 Filed 6-13-14; 8:45 am]
BILLING CODE 4310-55-P