[Federal Register Volume 82, Number 87 (Monday, May 8, 2017)]
[Notices]
[Pages 21402-21404]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09281]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2017-N237; FXES11130800000-178-FF08EVEN00]


Low-Effect Habitat Conservation Plan for the Mount Hermon June 
Beetle at the Scotts Valley Middle School, Santa Cruz 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, have received an 
application from the Scotts Valley Middle School for a 10-year 
incidental take permit 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 likely to occur, 
incidental to the construction and renovation of buildings and 
infrastructure at the existing Scotts Valley Middle School in Scotts 
Valley, Santa Cruz County, California. We invite comments from the 
public on the application package, which includes a low-effect habitat 
conservation plan for the Mount Hermon June Beetle.

DATES: To ensure consideration, please send your written comments by 
June 7, 2017.

ADDRESSES: You may download a copy of the habitat conservation plan, 
draft environmental action statement and low-effect screening form, and 
related documents at http://www.fws.gov/ventura/, or you may request 
copies of the documents by U.S. mail to our Ventura office or by phone 
(see FOR FURTHER INFORMATION CONTACT). 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: Chad Mitcham, Fish and Wildlife 
Biologist, by U.S. mail to the Ventura office, or by telephone at (805) 
644-1766, extension 53328.

SUPPLEMENTARY INFORMATION: We have received an application from the 
Scotts Valley Middle School for a 10-year

[[Page 21403]]

incidental take permit under the Act (16 U.S.C. 1531 et seq.). The 
application addresses the potential for ``take'' of the federally 
endangered Mount Hermon June beetle (Polyphylla barbata) likely to 
occur incidental to the construction and renovation of buildings and 
infrastructure at the existing middle school, at 8 Bean Creek Road 
(APN: 022-561-03), Scotts Valley, Santa Cruz County, California. We 
invite comments from the public on the application package, which 
includes the low-effect habitat conservation plan for the Mount Hermon 
June Beetle. This proposed action has been determined to be eligible 
for a categorical exclusion under the National Environmental Policy Act 
of 1969, as amended (42 U.S.C. 4321 et seq.).

Background

    The U.S. Fish and Wildlife Service (Service) listed the Mount 
Hermon June beetle as endangered on January 24, 1997 (62 FR 3616). 
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 incidental take permits for threatened and endangered species 
are provided at 50 CFR 17.32 and 17.22, respectively. Issuance of an 
incidental take permit 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 incidental take permit. Plant species may be 
included on a permit in recognition of the conservation benefits 
provided them under a habitat conservation plan. All species, including 
plants, covered by the incidental take permit 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 habitat conservation plan (HCP) must not 
jeopardize the continued existence of federally listed animal or plant 
species.

Applicant's Proposal

    The Scotts Valley Middle School (hereafter, the applicant) has 
submitted a low-effect HCP in support of their application for an 
incidental take permit (ITP) to address take of the Mount Hermon June 
beetle that is likely to occur as the result of direct impacts on up to 
1.479 acres (ac) (64,456 square feet (sf)) of degraded sandhills 
habitat occupied by the species. Take would be associated with the 
construction and renovation of buildings and infrastructure on an 
existing parcel legally described as Assessor Parcel Number 022-561-03. 
The current site address is 8 Bean Creek Road in Scotts Valley, Santa 
Cruz County, California. The applicant is requesting a permit for take 
of Mount Hermon June beetle that would result from ``covered 
activities'' that are related to the construction and renovation of 
buildings and infrastructure at the existing middle school.
    The applicant proposes to avoid, minimize, and mitigate take of 
Mount Hermon June beetle associated with the covered activities by 
fully implementing the HCP. The following measures will be implemented: 
(1) Temporary fencing and signs will be installed to clearly delineate 
the boundaries of the project; (2) if construction occurs during the 
flight season (considered to be between May and August, annually), 
exposed soils will be covered with erosion control fabric or other 
impervious materials to prevent any dispersing Mount Hermon June 
beetles from burrowing into exposed soil at the construction site; (3) 
employment of a Service-approved entomologist to capture and relocate 
into suitable habitat and out of harm's way any Mount Hermon June 
beetle unearthed or observed during construction activities; (4) 
implementation of dust control measures, such as periodically wetting 
down work areas, will be used as necessary during construction and 
excavation to reduce impacts to the Mount Hermon June beetle; and (5) 
secure off-site mitigation at a ratio of 1:1 to mitigate for habitat 
impacts through the acquisition of 1.479 ac (64,456 sf) of conservation 
credits at the Zayante Sandhills Conservation Bank. The applicant will 
fund up to $1,012,085 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 ``Original Project.'' Under the 
``No Action'' alternative, an ITP for the modernization project would 
not be issued. Proposed improvements to the middle school campus would 
not be conducted, and the purchase of conservation credits would not be 
provided to effect recovery actions for Mount Hermon June beetle. The 
``No Action'' alternative would not result in necessary improvements to 
the middle school campus and would not result in a net benefit for the 
covered species; therefore, the ``No Action'' alternative has been 
rejected. Under the ``Original Project'' alternative, the project 
included additional improvements to the athletic field, significantly 
increasing impacts to existing suitable habitat for the species. Under 
this alternative approximately 3.973 acres of degraded habitat for the 
species would be impacted; thus, 3.973 acres of conservation credits 
would be required for purchase. Scotts Valley Middle School concluded 
that expending funds associated with mitigating impacts were 
impractical; therefore, the ``Original Project'' 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 and that the plan qualifies as a low-effect 
HCP as defined by our Habitat Conservation Planning Handbook. 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 or 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. In our analysis of these 
criteria, we have made a preliminary determination that the 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 the Interior implementing regulations 
in part 46 of title 43 of the Code of Federal Regulations (43 CFR 
46.205, 46.210, and 46.215). However, based upon our review of public 
comments that we receive in response to this notice, this preliminary 
determination may be revised.

[[Page 21404]]

Next Steps

    We will evaluate the permit application, including the plan 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 
National Environmental Policy Act of 1969, as amended (NEPA), NEPA's 
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 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 plan 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. 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 application, 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: May 2, 2017.
Stephen P. Henry,
Field Supervisor, Ventura Fish and Wildlife Office, Ventura, 
California.
[FR Doc. 2017-09281 Filed 5-5-17; 8:45 am]
 BILLING CODE 4333-15-P