[Federal Register Volume 85, Number 116 (Tuesday, June 16, 2020)]
[Notices]
[Pages 36414-36415]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12928]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R8-ES-2020-N074; FXES11140800000-201-FF08EVEN00]
Draft Habitat Conservation Plan and Draft Categorical Exclusion
for the Garrapata Tanks Slope Repair Project in Monterey County,
California
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for comments.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the
availability of a draft habitat conservation plan (HCP) and draft
categorical exclusion (CatEx) for activities described in an
application for an incidental take permit (ITP) under the Endangered
Species Act of 1973, as amended. The ITP would authorize take of a
listed species incidental to water tank stabilization activities on
private property near Big Sur in Monterey County, California. The
applicant developed the draft HCP as part of their application for an
ITP. The Service prepared a draft CatEx in accordance with the National
Environmental Policy Act to evaluate the potential effects to the
natural and human environment resulting from issuing an ITP to the
applicant. We invite public comment on these documents.
DATES: Written comments should be received on or before July 16, 2020.
ADDRESSES: Obtaining Documents: You may download a copy of the draft
HCP and draft CatEx at http://www.fws.gov/ventura/, or you may request
copies of the documents by U.S. mail (below) or by phone (see FOR
FURTHER INFORMATION CONTACT).
Submitting Written Comments: Please send us your written comments
using one of the following methods:
U.S. mail: Stephen P. Henry, Field Supervisor, Ventura
Fish and Wildlife Office, U.S. Fish and Wildlife Service, 2493 Portola
Road, Suite B, Ventura, CA 93003.
Email: debora_kirkland@fws.gov.
FOR FURTHER INFORMATION CONTACT: Debora Kirkland, Fish and Wildlife
Biologist, by phone at 805-677-3321, via the Federal Relay Service at
1-800-877-8339 for TTY assistance, or by mail at the Ventura address
(see ADDRESSES).
SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service
(Service), announce the availability of a draft habitat conservation
plan (HCP) and draft categorical exclusion (CatEx) with an application
for an incidental take permit (ITP) by California American Water
(applicant). The ITP would authorize take of the federally endangered
Smith's blue butterfly (Euphilotes enoptes smithi) incidental to
activities described in the HCP for the stabilization of a slope
beneath two 40,000-gallon water tanks, repair of a cement pad, and
revegetation and restoration of the disturbance area, on private
property near Big Sur in Monterey County, California. The applicant
developed a draft HCP as part
[[Page 36415]]
of the application for an ITP under section 10(a)(1)(B) of the
Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et
seq.). The Service prepared a draft CatEx in accordance with the
National Environmental Policy Act of 1969 (NEPA; 42 U.S.C. 4321 et
seq.) to evaluate the potential effects to the natural and human
environment resulting from issuing an ITP to the applicant. We invite
public comment on these documents.
Background
The Service listed the Smith's blue butterfly as endangered in 1976
(41 FR 22041). Section 9 of the ESA prohibits take of fish and wildlife
species listed as endangered (16 U.S.C. 1538). Under the ESA, ``take''
is defined 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). Under section
10(a)(1)(B) of the ESA (16 U.S.C. 1539(a)(1)(B)), we may issue permits
to authorize take of listed fish and wildlife species that is
incidental to, and not the purpose of, carrying out an otherwise lawful
activity. Regulations governing incidental take permits for endangered
species are in the Code of Federal Regulations (CFR) at 50 CFR 17.22.
Issuance of an ITP also must not jeopardize the existence of federally
listed fish, wildlife, or plant species, pursuant to section 7 of the
ESA and 50 CFR 402.02. The permittee would receive assurances under our
``No Surprises'' regulations (50 CFR 17.22(b)(5)).
Proposed Activities
The applicant has applied for a permit for incidental take of the
Smith's blue butterfly. The take would occur in association with the
repair of a concrete slab under two 40,000-gallon water tanks,
stabilization of a failing vegetated slope, and revegetation and
restoration of the slope and staging area on approximately 1.1 acres.
The HCP includes avoidance and minimization measures for the Smith's
blue butterfly and mitigation for unavoidable loss of habitat. As
mitigation for habitat loss, the applicant proposes to revegetate the
staging area and stabilize the slope with native coastal sage scrub
seed. The applicant also proposes to conduct 5 years of restoration
monitoring and invasive species control throughout the revegetated
areas to improve the quality of species habitat in the project area.
The Service prepared the draft CatEx in accordance with the
National Environmental Policy Act of 1969 (NEPA; 42 U.S.C. 4321 et
seq.) to evaluate the potential effects to the natural and human
environment resulting from issuing the ITP under the plan.
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 ESA (16 U.S.C.
1531 et seq.) and its implementing regulations (50 CFR 17.22) and NEPA
(42 U.S.C. 4321 et seq.) and its implementing regulations (40 CFR
1506.6).
Stephen Henry,
Field Supervisor, Ventura Fish and Wildlife Office, Ventura,
California.
[FR Doc. 2020-12928 Filed 6-15-20; 8:45 am]
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