80 FR 30264 - Endangered and Threatened Wildlife and Plants; Incidental Take Permit Application; Proposed Low-Effect Habitat Conservation Plan and Associated Documents; County of San Diego, California

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 80, Issue 101 (May 27, 2015)

Page Range		30264-30265
FR Document		2015-12720

We, the U.S. Fish and Wildlife Service (Service), have received an application from Main 16, LP. (applicant) for a 5-year incidental take permit for the endangered San Diego fairy shrimp pursuant to the Endangered Species Act of 1973, as amended (Act). We are requesting comments on the permit application and on the preliminary determination that the proposed HCP qualifies as a ``low- effect'' Habitat Conservation Plan, eligible for a categorical exclusion under the National Environmental Policy Act (NEPA) of 1969, as amended. The basis for this determination is discussed in the environmental action statement (EAS) and associated low-effect screening form, which are also available for public review.

Federal Register, Volume 80 Issue 101 (Wednesday, May 27, 2015)

[Federal Register Volume 80, Number 101 (Wednesday, May 27, 2015)]
[Notices]
[Pages 30264-30265]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-12720]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2015-N059; FXES11120000-156-FF08ECAR00]


Endangered and Threatened Wildlife and Plants; Incidental Take 
Permit Application; Proposed Low-Effect Habitat Conservation Plan and 
Associated Documents; County of San Diego, California

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comments.

-----------------------------------------------------------------------

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have 
received an application from Main 16, LP. (applicant) for a 5-year 
incidental take permit for the endangered San Diego fairy shrimp 
pursuant to the Endangered Species Act of 1973, as amended (Act). We 
are requesting comments on the permit application and on the 
preliminary determination that the proposed HCP qualifies as a ``low-
effect'' Habitat Conservation Plan, eligible for a categorical 
exclusion under the National Environmental Policy Act (NEPA) of 1969, 
as amended. The basis for this determination is discussed in the 
environmental action statement (EAS) and associated low-effect 
screening form, which are also available for public review.

DATES: Written comments should be received on or before June 26, 2015.

ADDRESSES: Submitting Comments: You may submit comments by one of the 
following methods:
     U.S. Mail: Field Supervisor, Fish and Wildlife Service, 
Carlsbad Fish and Wildlife Office, 2177 Salk Avenue, Suite 250, 
Carlsbad, CA 92008.
     Fax: Field Supervisor, 760-431-9624.
    Obtaining Documents: To request copies of the application, proposed 
HCP, and EAS, contact the Service immediately, by telephone at 760-431-
9440 or by letter to the Carlsbad Fish and Wildlife Office (see 
ADDRESSES). Copies of the proposed HCP and EAS also are available for 
public inspection during regular business hours at the Carlsbad Fish 
and Wildlife Office (see ADDRESSES).

FOR FURTHER INFORMATION CONTACT: Ms. Karen A. Goebel, Assistant Field 
Supervisor, Carlsbad Fish and Wildlife Office (see ADDRESSES); 
telephone 760-431-9440. If you use a telecommunications device for the 
deaf (TDD), please call the Federal Information Relay Service (FIRS) at 
800-877-8339.

SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service 
(Service), have received an application from Main 16, LP. (applicant) 
for a 5-year incidental take permit for one covered species pursuant to 
section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended 
(16 U.S.C. 1531 et seq., Act). The application addresses the potential 
``take'' of the endangered San Diego fairy shrimp in the course of 
activities associated with the construction of the Main 16, LP. Ramona 
commercial development project in unincorporated San Diego County, 
California. A conservation program to avoid, minimize, and mitigate for 
project activities would be implemented as described in the proposed 
Habitat Conservation Plan (HCP) by the applicant.
    We are requesting comments on the permit application and on the 
preliminary determination that the proposed HCP qualifies as a ``low-
effect'' Habitat Conservation Plan, eligible for a categorical 
exclusion under the National Environmental Policy Act (NEPA) of 1969, 
as amended. The basis for this determination is discussed in the 
environmental action statement (EAS) and associated low-effect 
screening form, which are also available for public review.

Background

    Section 9 of the Act and its implementing Federal regulations 
prohibit the ``take'' of animal species listed as endangered or 
threatened. Take is defined under the Act as ``to harass, harm, pursue, 
hunt, shoot, wound, kill, trap, capture, or collect listed species, or 
to attempt to engage in any such conduct'' (16 U.S.C. 1538). ``Harm'' 
includes significant habitat modification or degradation that actually 
kills or injures listed wildlife by significantly impairing essential 
behavioral patterns such as breeding, feeding, or sheltering (50 CFR 
17.3). However, under section 10(a) of the Act, the Service may issue 
permits to authorize incidental take of listed species. ``Incidental 
take'' is defined by the Act as take that is incidental to, and not the 
purpose of, carrying out an otherwise lawful activity. Regulations 
governing incidental take permits for threatened and endangered 
species, respectively, are found at 50 CFR 17.22 and 50 CFR 17.32.
    The applicant requests a 5-year permit under section 10(a)(1)(B) of 
the Act. If we approve the permit, the applicant anticipates taking San 
Diego fairy shrimp (Branchinecta sandiegonensis) as a result of 
permanent impacts to 0.01 acre (ac) of habitat the species uses for 
breeding, feeding, and sheltering. The take would be incidental to the 
applicant's activities associated with the construction of the Main 16, 
LP. Ramona commercial development project in San Diego County, 
California, and includes the purchase of two vernal pool/basin with 
fairy shrimp conservation credits (i.e., 0.2 ac of vernal pool basin 
and 1.8 ac of associated watershed) at the Ramona Grasslands 
Conservation Bank (Bank).
    The Main 16, LP. Ramona project proposes to grade 2.5 ac to 
construct commercial buildings and an associated parking lot. The 
project would include all construction activities related to site 
preparation (grading and/or compaction), facilities construction, and 
site finish (landscaping). The project will permanently impact 0.01 ac 
of ponded basin and associated watershed occupied by San Diego fairy 
shrimp as a result of the development activities.

[[Page 30265]]

    To minimize take of San Diego fairy shrimp by the Main 16, LP. 
Ramona commercial development project and offset impacts to its 
habitat, the applicant proposes to mitigate for permanent impacts to 
approximately 0.01 ac of occupied San Diego fairy shrimp habitat 
through the purchase of two vernal pool/basin with San Diego fairy 
shrimp conservation credits at the Bank. The applicant's proposed HCP 
also contains the following proposed measures to minimize the effects 
of development activities on the San Diego fairy shrimp:
     Grading limits will be delineated with construction 
fencing and silt fencing to ensure that impact limits do not extend 
beyond the allowed limits of development.
     A biologist will monitor grading of the site daily (or as 
determined necessary by the monitoring biologist) and provide a letter 
summarizing compliance with the construction limits of the proposed 
project to the Service within 1 month of completion of project grading.
     The project construction contractor will conduct grading 
outside the rainy season (October 1 through March 31). If grading is to 
be done after October 1 and ponding of the basins has not occurred, the 
applicant will submit a proposed grading strategy for review and 
approval by the Service that will ensure that indirect impacts are 
avoided to the existing basins located immediately adjacent to the 
project site. No grading will occur during this timeframe without 
written concurrence from the Service.
     Avoidance of long-term indirect impacts to fairy shrimp-
occupied basins immediately adjacent to the site will be achieved by 
ensuring that flows from the project site are directed away from basins 
immediately off site to the west and have been adequately treated 
through the use of best management practices (BMPs) during construction 
and throughout the life of the project. These BMPs include treating all 
flows on site through the use of a retention/infiltration basin prior 
to outletting into the storm drain system.
    The above described impacts and mitigation will occur within 
designated critical habitat for the San Diego fairy shrimp. No other 
listed species or designated critical habitat occurs within the project 
site.

Proposed Action and Alternatives

    The Proposed Action consists of the issuance of an incidental take 
permit and implementation of the proposed HCP, which includes measures 
to avoid, minimize, and mitigate impacts to the San Diego fairy shrimp. 
If we approve the permit, take of San Diego fairy shrimp would be 
authorized for the applicant's activities associated with the 
construction of the Main 16, LP. Ramona commercial development project. 
In the proposed HCP, the applicant considers alternatives to the taking 
of San Diego fairy shrimp under the proposed action. Because of the 
small size of the site and the need to avoid both the basins and 
watershed of the basins, an alternative site plan that would have 
maintained some of the ponded basins on site (i.e., a reduced footprint 
alternative) was not feasible. The Applicant also considered the No 
Action Alternative. Under the No Action Alternative, no San Diego fairy 
shrimp habitat would be impacted or conserved.

Our Preliminary Determination

    The Service has made a preliminary determination that approval of 
the proposed HCP qualifies as a categorical exclusion under NEPA, as 
provided by the Department of the Interior Manual (516 DM 2 Appendix 1 
and 516 DM 6 Appendix 1) and as a ``low-effect'' plan as defined by the 
Habitat Conservation Planning Handbook (November 1996).
    We base our determination that a HCP qualifies as a low-effect plan 
on the following three criteria:
    (1) Implementation of the HCP would result in minor or negligible 
effects on federally listed, proposed, and candidate species and their 
habitats, including designated critical habitat;
    (2) Implementation of the HCP would result in minor or negligible 
effects on other environmental values or resources; and
    (3) Impacts of the HCP, considered together with the impacts of 
other past, present, and reasonably foreseeable similarly situated 
projects, would not result, over time, in cumulative effects to 
environmental values or resources that would be considered significant.

Based upon this preliminary determination, we do not intend to prepare 
further NEPA documentation. We will consider public comments in making 
the final determination on whether to prepare such additional 
documentation.

Next Steps

    We will evaluate the proposed HCP and comments we receive to 
determine whether the permit application meets the requirements and 
issuance criteria under section 10(a) of the Act (16 U.S.C. 1531 et 
seq.). We will also evaluate whether issuance of a section 10(a)(1)(B) 
incidental take permit would comply with section 7 of the Act by 
conducting an intra-Service consultation. We will use the results of 
this consultation, in combination with the above findings, in our final 
analysis to determine whether or not to issue a permit. If the 
requirements and issuance criteria under section 10(a) are met, we will 
issue the permit to the applicant for incidental take of San Diego 
fairy shrimp.

Public Comments

    If you wish to comment on the permit application, proposed HCP, and 
associated documents, you may submit comments by any of the methods 
noted in the ADDRESSES section.

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 may 
ask us in your comment to withhold your personal identifying 
information from public review, 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).

G. Mendel Stewart,
Field Supervisor, Carlsbad Fish and Wildlife Office, Carlsbad, 
California.
[FR Doc. 2015-12720 Filed 5-26-15; 8:45 am]
 BILLING CODE 4310-55-P

30264 Federal Register / Vol. 80, No. 101 / Wednesday, May 27, 2015 / Notices

trophy of one male bontebok permit application and on the effect’’ Habitat Conservation Plan,
(Damaliscus pygargus pygargus) culled preliminary determination that the eligible for a categorical exclusion under
from a captive herd maintained under proposed HCP qualifies as a ‘‘low- the National Environmental Policy Act
the management program of the effect’’ Habitat Conservation Plan, (NEPA) of 1969, as amended. The basis
Republic of South Africa, for the eligible for a categorical exclusion under for this determination is discussed in
purpose of enhancement of the survival the National Environmental Policy Act the environmental action statement
of the species. (NEPA) of 1969, as amended. The basis (EAS) and associated low-effect
for this determination is discussed in screening form, which are also available
Applicant: Terry Small, West Lafayette, the environmental action statement for public review.
IN; PRT–65614B (EAS) and associated low-effect
Applicant: Walter Lewis, Wichita, KS; screening form, which are also available Background
PRT–65908B for public review. Section 9 of the Act and its
B. Endangered Marine Mammals and DATES: Written comments should be implementing Federal regulations
Marine Mammals received on or before June 26, 2015. prohibit the ‘‘take’’ of animal species
ADDRESSES: Submitting Comments: You listed as endangered or threatened. Take
Applicant: British Broadcasting may submit comments by one of the is defined under the Act as ‘‘to harass,
Corporation–Ocean, Bristol, England, following methods: harm, pursue, hunt, shoot, wound, kill,
UK; PRT–59492B • U.S. Mail: Field Supervisor, Fish trap, capture, or collect listed species, or
The applicant requests a permit to and Wildlife Service, Carlsbad Fish and to attempt to engage in any such
photograph southern sea otters (Enhydra Wildlife Office, 2177 Salk Avenue, Suite conduct’’ (16 U.S.C. 1538). ‘‘Harm’’
lutris nereis) from land, underwater, and 250, Carlsbad, CA 92008. includes significant habitat modification
boat in California, and northern sea • Fax: Field Supervisor, 760–431– or degradation that actually kills or
otters (Enhydra lutris kenyoni) from 9624. injures listed wildlife by significantly
Obtaining Documents: To request impairing essential behavioral patterns
underwater in Washington for
copies of the application, proposed such as breeding, feeding, or sheltering
commercial and educational purposes.
HCP, and EAS, contact the Service (50 CFR 17.3). However, under section
This notification covers activities to be
immediately, by telephone at 760–431– 10(a) of the Act, the Service may issue
conducted by the applicant for less than
9440 or by letter to the Carlsbad Fish permits to authorize incidental take of
a 2-year period.
and Wildlife Office (see ADDRESSES). listed species. ‘‘Incidental take’’ is
Concurrent with publishing this
Copies of the proposed HCP and EAS defined by the Act as take that is
notice in the Federal Register, we are
also are available for public inspection incidental to, and not the purpose of,
forwarding copies of the above
during regular business hours at the carrying out an otherwise lawful
applications to the Marine Mammal
Carlsbad Fish and Wildlife Office (see activity. Regulations governing
Commission and the Committee of
ADDRESSES). incidental take permits for threatened
Scientific Advisors for their review.
FOR FURTHER INFORMATION CONTACT: Ms. and endangered species, respectively,
Brenda Tapia, Karen A. Goebel, Assistant Field are found at 50 CFR 17.22 and 50 CFR
Program Analyst/Data Administrator, Branch Supervisor, Carlsbad Fish and Wildlife 17.32.
of Permits, Division of Management Office (see ADDRESSES); telephone 760– The applicant requests a 5-year permit
Authority. under section 10(a)(1)(B) of the Act. If
431–9440. If you use a
[FR Doc. 2015–12732 Filed 5–26–15; 8:45 am] we approve the permit, the applicant
telecommunications device for the deaf
BILLING CODE 4310–55–P (TDD), please call the Federal anticipates taking San Diego fairy
Information Relay Service (FIRS) at shrimp (Branchinecta sandiegonensis)
800–877–8339. as a result of permanent impacts to 0.01
DEPARTMENT OF THE INTERIOR acre (ac) of habitat the species uses for
SUPPLEMENTARY INFORMATION: We, the
Fish and Wildlife Service U.S. Fish and Wildlife Service (Service), breeding, feeding, and sheltering. The
have received an application from Main take would be incidental to the
[FWS–R8–ES–2015–N059; FXES11120000– 16, LP. (applicant) for a 5-year applicant’s activities associated with the
156–FF08ECAR00] construction of the Main 16, LP.
incidental take permit for one covered
species pursuant to section 10(a)(1)(B) Ramona commercial development
Endangered and Threatened Wildlife project in San Diego County, California,
and Plants; Incidental Take Permit of the Endangered Species Act of 1973,
as amended (16 U.S.C. 1531 et seq., and includes the purchase of two vernal
Application; Proposed Low-Effect pool/basin with fairy shrimp
Habitat Conservation Plan and Act). The application addresses the
conservation credits (i.e., 0.2 ac of
Associated Documents; County of San potential ‘‘take’’ of the endangered San vernal pool basin and 1.8 ac of
Diego, California Diego fairy shrimp in the course of
activities associated with the associated watershed) at the Ramona
AGENCY: Fish and Wildlife Service, construction of the Main 16, LP. Grasslands Conservation Bank (Bank).
Interior. Ramona commercial development The Main 16, LP. Ramona project
ACTION: Notice of availability; request project in unincorporated San Diego proposes to grade 2.5 ac to construct
for comments. County, California. A conservation commercial buildings and an associated
program to avoid, minimize, and parking lot. The project would include
mstockstill on DSK4VPTVN1PROD with NOTICES

SUMMARY: We, the U.S. Fish and mitigate for project activities would be all construction activities related to site
Wildlife Service (Service), have received implemented as described in the preparation (grading and/or
an application from Main 16, LP. proposed Habitat Conservation Plan compaction), facilities construction, and
(applicant) for a 5-year incidental take (HCP) by the applicant. site finish (landscaping). The project
permit for the endangered San Diego We are requesting comments on the will permanently impact 0.01 ac of
fairy shrimp pursuant to the Endangered permit application and on the ponded basin and associated watershed
Species Act of 1973, as amended (Act). preliminary determination that the occupied by San Diego fairy shrimp as
We are requesting comments on the proposed HCP qualifies as a ‘‘low- a result of the development activities.

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Federal Register / Vol. 80, No. 101 / Wednesday, May 27, 2015 / Notices 30265

To minimize take of San Diego fairy San Diego fairy shrimp. If we approve an intra-Service consultation. We will
shrimp by the Main 16, LP. Ramona the permit, take of San Diego fairy use the results of this consultation, in
commercial development project and shrimp would be authorized for the combination with the above findings, in
offset impacts to its habitat, the applicant’s activities associated with the our final analysis to determine whether
applicant proposes to mitigate for construction of the Main 16, LP. or not to issue a permit. If the
permanent impacts to approximately Ramona commercial development requirements and issuance criteria
0.01 ac of occupied San Diego fairy project. In the proposed HCP, the under section 10(a) are met, we will
shrimp habitat through the purchase of applicant considers alternatives to the issue the permit to the applicant for
two vernal pool/basin with San Diego taking of San Diego fairy shrimp under incidental take of San Diego fairy
fairy shrimp conservation credits at the the proposed action. Because of the shrimp.
Bank. The applicant’s proposed HCP small size of the site and the need to
Public Comments
also contains the following proposed avoid both the basins and watershed of
measures to minimize the effects of the basins, an alternative site plan that If you wish to comment on the permit
development activities on the San Diego would have maintained some of the application, proposed HCP, and
fairy shrimp: ponded basins on site (i.e., a reduced associated documents, you may submit
• Grading limits will be delineated footprint alternative) was not feasible. comments by any of the methods noted
with construction fencing and silt The Applicant also considered the No in the ADDRESSES section.
fencing to ensure that impact limits do Action Alternative. Under the No Public Availability of Comments
not extend beyond the allowed limits of Action Alternative, no San Diego fairy
development. shrimp habitat would be impacted or Before including your address, phone
• A biologist will monitor grading of conserved. number, email address, or other
the site daily (or as determined personal identifying information in your
necessary by the monitoring biologist) Our Preliminary Determination comment, you should be aware that
and provide a letter summarizing The Service has made a preliminary your entire comment—including your
compliance with the construction limits determination that approval of the personal identifying information—may
of the proposed project to the Service proposed HCP qualifies as a categorical be made publicly available at any time.
within 1 month of completion of project exclusion under NEPA, as provided by While you may ask us in your comment
grading. the Department of the Interior Manual to withhold your personal identifying
• The project construction contractor (516 DM 2 Appendix 1 and 516 DM 6 information from public review, we
will conduct grading outside the rainy Appendix 1) and as a ‘‘low-effect’’ plan cannot guarantee that we will be able to
season (October 1 through March 31). If as defined by the Habitat Conservation do so.
grading is to be done after October 1 and Planning Handbook (November 1996). Authority
ponding of the basins has not occurred, We base our determination that a HCP
the applicant will submit a proposed qualifies as a low-effect plan on the We provide this notice under section
grading strategy for review and approval following three criteria: 10 of the Act (16 U.S.C. 1531 et seq.)
by the Service that will ensure that (1) Implementation of the HCP would and NEPA regulations (40 CFR 1506.6).
indirect impacts are avoided to the result in minor or negligible effects on G. Mendel Stewart,
existing basins located immediately federally listed, proposed, and Field Supervisor, Carlsbad Fish and Wildlife
adjacent to the project site. No grading candidate species and their habitats, Office, Carlsbad, California.
will occur during this timeframe including designated critical habitat; [FR Doc. 2015–12720 Filed 5–26–15; 8:45 am]
without written concurrence from the (2) Implementation of the HCP would
BILLING CODE 4310–55–P
Service. result in minor or negligible effects on
• Avoidance of long-term indirect other environmental values or
impacts to fairy shrimp-occupied basins resources; and
immediately adjacent to the site will be (3) Impacts of the HCP, considered INTERNATIONAL TRADE
achieved by ensuring that flows from together with the impacts of other past, COMMISSION
the project site are directed away from present, and reasonably foreseeable
Notice of Receipt of Complaint;
basins immediately off site to the west similarly situated projects, would not
Solicitation of Comments Relating to
and have been adequately treated result, over time, in cumulative effects
the Public Interest
through the use of best management to environmental values or resources
practices (BMPs) during construction that would be considered significant. AGENCY: U.S. International Trade
and throughout the life of the project. Based upon this preliminary Commission.
These BMPs include treating all flows determination, we do not intend to ACTION: Notice.
on site through the use of a retention/ prepare further NEPA documentation.
infiltration basin prior to outletting into We will consider public comments in SUMMARY: Notice is hereby given that
the storm drain system. making the final determination on the U.S. International Trade
The above described impacts and whether to prepare such additional Commission has received a complaint
mitigation will occur within designated documentation. entitled Certain Electric Skin Care
critical habitat for the San Diego fairy Devices, Brushes and Chargers Therefor,
Next Steps and Kits Containing Same, DN 3067; the
shrimp. No other listed species or
designated critical habitat occurs within We will evaluate the proposed HCP Commission is soliciting comments on
any public interest issues raised by the
mstockstill on DSK4VPTVN1PROD with NOTICES

the project site. and comments we receive to determine
whether the permit application meets complaint or complainant’s filing under
Proposed Action and Alternatives the requirements and issuance criteria section 210.8(b) of the Commission’s
The Proposed Action consists of the under section 10(a) of the Act (16 U.S.C. Rules of Practice and Procedure (19 CFR
issuance of an incidental take permit 1531 et seq.). We will also evaluate § 210.8(b)).
and implementation of the proposed whether issuance of a section 10(a)(1)(B) FOR FURTHER INFORMATION CONTACT: Lisa
HCP, which includes measures to avoid, incidental take permit would comply R. Barton, Secretary to the Commission,
minimize, and mitigate impacts to the with section 7 of the Act by conducting U.S. International Trade Commission,

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Document Created: 2015-12-15 15:35:40
Document Modified: 2015-12-15 15:35:40

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of availability; request for comments.
Dates		Written comments should be received on or before June 26, 2015.
Contact		Ms. Karen A. Goebel, Assistant Field
FR Citation		80 FR 30264

80 FR 30264 - Endangered and Threatened Wildlife and Plants; Incidental Take Permit Application; Proposed Low-Effect Habitat Conservation Plan and Associated Documents; County of San Diego, California

DEPARTMENT OF THE INTERIORFish and Wildlife Service

Federal Register Volume 80, Issue 101 (May 27, 2015)

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service