[Federal Register Volume 85, Number 119 (Friday, June 19, 2020)]
[Notices]
[Pages 37106-37107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13190]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R8-ES-2020-NXXX; FXES11140800000-201-FF08EVEN00]
Draft Habitat Conservation Plan and Draft Categorical Exclusion
for 12 Rancho San Carlos (Ocho West) Project, Monterey County,
California
AGENCY: Fish and Wildlife Service, Interior.
[[Page 37107]]
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 for activities associated with an application for
an incidental take permit (ITP) under the Endangered Species Act of
1973, as amended. The ITP would authorize take of listed species
incidental to construction of a single-family residence at 12 Rancho
San Carlos (Ocho West). The Applicant developed the draft HCP as part
of their application for an ITP. The Service prepared a draft
categorical exclusion 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 20, 2020.
ADDRESSES:
To obtain documents: You may download a copy of the draft HCP and
categorical exclusion screening form at http://www.fws.gov/ventura/, or
you may request copies of the documents by sending U.S. mail to our
Ventura office, or by phone (see FOR FURTHER INFORMATION CONTACT).
To submit written comments: Please send us your written comments
using one of the following methods:
U.S. mail: Send your 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.
Email: danielle_fagre@fws.gov.
FOR FURTHER INFORMATION CONTACT: Danielle Fagre, Biologist, by phone at
805-677-3339, or via the Federal Relay Service at 1-800-877-8339 for
TTY assistance.
SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service
(Service), announce the availability of a draft Habitat Conservation
Plan (HCP) and the associated draft categorical exclusion with an
application for an incidental take permit by Andris Upitis (Applicant).
The permit would authorize take of the federally threatened Central
Distinct Population Segment (DPS) of the California tiger salamander
(Ambystoma californiense) and the federally threatened California red-
legged frog (Rana draytonii) incidental to activities associated with
the construction of a single-family residence at 12 Rancho San Carlos
(Ocho West). The Applicant developed the draft HCP as part of his
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 categorical exclusion 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 Central DPS of the California tiger
salamander as threatened on August 4, 2004 (69 FR 47212). The Service
listed the California red-legged frog as threatened on May 23, 1996 (61
FR 25813), and critical habitat was designated on March 10, 2010 (75 FR
12816). Federal regulation pursuant to section 4(d) of the ESA
prohibits the ``take'' of certain fish or wildlife species listed as
threatened, including the Central DPS of the California tiger
salamander and the California red-legged frog, with exceptions for
certain ranching activities on private and tribal lands as described in
50 CFR 17.43(c)(3)(i)-(xi) and 50 CFR 17.43(d)(3)(i)-(xi). ``Take'' is
defined under the ESA to include the following activities: ``[T]o
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 ESA, we may issue
permits to authorize incidental take of listed species. Incidental take
is take that is incidental to, and not the purpose of, carrying out of
an otherwise lawful activity. Regulations governing incidental take
permits for threatened species are in the Code of Federal Regulations
(CFR) at 50 CFR 17.32. Issuance of an incidental take permit also must
not jeopardize the existence of federally listed fish, wildlife, or
plant species. The permittee would receive assurances under our ``No
Surprises'' regulations (50 CFR 17.22(b)(5) and 17.32(b)(5)).
Applicant's Proposed Activities
The Applicant has applied for a permit for incidental take of the
Central DPS of the California tiger salamander and California red-
legged frog. The potential take would occur in association with
activities necessary for the construction of a single-family home and
accessory dwelling unit, improvement of the existing driveway,
revegetation of temporarily disturbed areas, and invasive species
management on 5.9 acres of habitat occupied by the covered species. The
development would result in impacts to 7.5 acres of California tiger
salamander upland habitat. It would result in impacts to 7.6 acres of
California red-legged frog habitat, all of which are in California red-
legged frog Critical Habitat Unit MNT-2. The 7.5 acres of California
tiger salamander habitat overlaps entirely with the 7.6 acres of
California red-legged frog habitat.
The HCP includes avoidance and minimization measures for the
covered species and mitigation for unavoidable loss of occupied upland
and dispersal habitat. The Applicant will provide mitigation either by
securing 5.9 acres of otherwise developable habitat in a conservation
easement, protected in perpetuity, or through a Service-approved
conservation bank or in-lieu fee program.
Public Comments
If you wish to comment on the permit application, draft HCP, and
associated documents, you may submit comments by one of the methods in
ADDRESSES.
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 ESA (16 U.S.C. 1531
et seq.) and NEPA regulations (40 CFR 1506.6).
Stephen Henry,
Field Supervisor, Ventura Fish and Wildlife Office, Ventura,
California.
[FR Doc. 2020-13190 Filed 6-18-20; 8:45 am]
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