80 FR 30483 - Habitat Conservation Plan for the Morro Shoulderband Snail; Kroll Parcel, Community of Los Osos, San Luis Obispo County, California
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service Federal Register Volume 80, Issue 102 (May 28, 2015)
Fish and Wildlife Service
Federal Register Volume 80, Issue 102 (May 28, 2015)
| Page Range | 30483-30485 | |
| FR Document | 2015-12849 |
[Federal Register Volume 80, Number 102 (Thursday, May 28, 2015)] [Notices] [Pages 30483-30485] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-12849] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS-R8-ES-2015-N107; FXES11120800000-156-FF08EVEN00] Habitat Conservation Plan for the Morro Shoulderband Snail; Kroll 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 likely to result incidental to the construction of a single-family residence, barn, septic system, and improved residential access; management of an existing open space area; and implementation of a conservation strategy. We invite comments from the public on the application package, which includes a habitat conservation plan (HCP) for the Morro shoulderband snail. DATES: To ensure consideration, please send your written comments by June 29, 2015. ADDRESSES: You may download a copy of the draft HCP and draft low- effect screening form and environmental action statement 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 James and Sharon Kroll for an incidental take permit (ITP) pursuant to section 10(a)(1)(B) of the Endangered Species Act (Act; 16 U.S.C. 1531 et seq.). The application addresses take of the federally endangered Morro shoulderband snail (Helminthoglypta walkeriana) likely to occur incidental to the construction and maintenance of a single-family residence, barn, septic system, and improved road access; management of an existing open space area; and implementation of a conservation strategy on 3.09 acres within an existing legal 5.08-acre parcel located in western San Luis Obispo County, California. The requested permit term is 10 years. We invite comments from the public on the application package. Issuance of an ITP pursuant to this HCP has been determined to be eligible for a categorical exclusion under National Environmental Policy Act (NEPA). Background The Morro shoulderband snail was listed 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. Under the Act, ``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 Act, we may issue permits to authorize take of listed species if it is incidental to other lawful activities and not the [[Page 30484]] purpose of carrying out that 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 any federally listed fish, wildlife or plant species. The Applicants' Proposed Project James and Sharon Kroll (hereafter, the applicants) own a 5.08-acre residential suburban-zoned parcel legally described as County of San Luis Obispo Assessor Parcel Number 074-022-041 and located at 302/304 Madera Street in the western portion of Los Osos, an unincorporated community of San Luis Obispo County, California. The applicants have submitted a HCP in support of their application for an ITP to address take of Morro shoulderband snail likely to occur as the result of project activities that would occur within a 3.09-acre permit area within the larger parcel area. Proposed covered activities include direct impacts to up to 0.63 acre of predominantly nonnative grassland habitat associated with the construction and maintenance of a single- family residence, barn, septic system, and improved residential access; maintenance of a 0.93-acre open space area; and the restoration, monitoring, and management of 1.1 acres of habitat for Morro shoulderband snail. The applicants propose to minimize and mitigate take of Morro shoulderband snail associated with the covered activities by fully implementing the HCP. The following minimization measures would be implemented: (1) Development and delivery of an environmental training program for Morro shoulderband snail to all personnel working onsite, (2) pre-construction and concurrent construction monitoring surveys for Morro shoulderband snail, (3) capture and moving out of harm's way all identified individuals of any life stage of Morro shoulderband snail to a Service-approved receptor site by an individual in possession of a current valid recovery permit for the species, (4) use of temporary construction fencing to prevent accidental egress into mitigation areas; and (5) installation of permanent fencing to separate use areas from conservation areas. To mitigate for unavoidable take of Morro shoulderband snail, the applicants would conserve and manage 1.1 acres of habitat for Morro shoulderband snail. This 1.1-acre area would be recorded under a conservation easement with the County of San Luis Obispo and restored to native coastal dune scrub following control of non-native grasses and removal of orchard plantings. The applicants have committed to fund up to $33,368 to ensure implementation of all minimization, mitigation, and reporting requirements identified in the HCP. In the proposed HCP, the applicants consider two alternatives to the proposed action: ``No Action'' and ``Alternate Project Design.'' Under the ``No Action'' alternative, the Service would not issue an ITP, and the legal construction of a single-family residence and barn would not occur. Absent the ITP, there would be no conservation and restoration of habitat for the Morro shoulderband snail that would, in concert with nearby habitat, provide a benefit to the species. Since the property is privately owned, there are ongoing economic considerations associated with continued ownership absent its ability to realize its intended use upon purchase (e.g., 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. Under the ``Alternate Project Design'' alternative, the residence and barn would be located elsewhere within the parcel. No other configuration would result in a substantial increase in the net benefit to the species or better achieve the applicants' needs. As such, the Alternate Project Design alternative is also rejected. Our Preliminary Determination We have determined the applicants' proposal will have a minor or negligible effect on the Morro shoulderband snail, and the HCP qualifies for processing as a low-effect plan consistent with our Habitat Conservation Planning Handbook (November 1996). Three criteria form the basis for our determination: (1) 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 it 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 consultation pursuant to section 7(a)(2) of the Act. Public Review We request comments from the public regarding our preliminary 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 comments we receive and make a final determination regarding whether the application meets the requirements of section 10(a)(1)(B) of the Act. We will incorporate 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 all of our requirements are met, we will issue the ITP to the applicants. Permit issuance would not occur less than 30 days from the date of this notice. Public Comments If you wish to comment on the permit application, 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). [[Page 30485]] Dated: May 21, 2015. Stephen P. Henry, Field Supervisor, Ventura Fish and Wildlife Office, Ventura, California. [FR Doc. 2015-12849 Filed 5-27-15; 8:45 am] BILLING CODE 4310-55-P
![Federal Register / Vol. 80, No. 102 / Thursday, May 28, 2015 / Notices 30483
ESTIMATED ANNUALIZED BURDEN HOURS AND COSTS
Total Total
Number of Total Average burden Average
Type of Form name/form Number of annual annual
responses per number of per response hourly wage
respondent No. respondents burden respondent
respondent responses (in hours) rate
(in hours) cost
Individuals or NFIP Agent Refer- 50,894 1 50,894 0.05 (3 mins.) ...... 2,545 $22.33 $56,830
households. ral Question-
naire/FEMA
Form 512–0–1.
Businesses or NFIP Agent Site 8,300 1 8,300 0.033 (2 mins.) .... 274 30.58 8,379
other for-profit. Registration (In-
cluding elec-
tronic version)/
FEMA Form
517–0–1.
Total .............. .............................. 59,194 ........................ 59,194 .............................. 2,819 ........................ 65,209
• Note: The ‘‘Avg. Hourly Wage Rate’’ for each respondent includes a 1.4 multiplier to reflect a fully-loaded wage rate.
Estimated Cost: The estimated annual DEPARTMENT OF THE INTERIOR alternatively send comments by
cost to respondents for the hour burden facsimile to (805) 644–3958.
is $65,209. There are no annual costs to Fish and Wildlife Service FOR FURTHER INFORMATION CONTACT: Julie
respondents’ operations and M. Vanderwier, Senior Fish and
maintenance costs for technical [FWS–R8–ES–2015–N107; Wildlife Biologist, at the above address
services. There are no annual start-up or FXES11120800000–156–FF08EVEN00] or by phone at (805) 644–1766.
capital costs. The cost to the Federal SUPPLEMENTARY INFORMATION: We have
Government is $406,941. Habitat Conservation Plan for the received an application from James and
Morro Shoulderband Snail; Kroll Sharon Kroll for an incidental take
Comments Parcel, Community of Los Osos, San permit (ITP) pursuant to section
Luis Obispo County, California 10(a)(1)(B) of the Endangered Species
Comments may be submitted as
indicated in the ADDRESSES caption AGENCY: Fish and Wildlife Service, Act (Act; 16 U.S.C. 1531 et seq.). The
above. Comments are solicited to (a) Interior. application addresses take of the
federally endangered Morro
evaluate whether the proposed data ACTION: Notice of availability; request
shoulderband snail (Helminthoglypta
collection is necessary for the proper for comment.
walkeriana) likely to occur incidental to
performance of the agency, including the construction and maintenance of a
whether the information shall have SUMMARY: We, the U.S. Fish and
Wildlife Service (Service), have received single-family residence, barn, septic
practical utility; (b) evaluate the system, and improved road access;
accuracy of the agency’s estimate of the an application for a 10-year incidental
take permit under the Endangered management of an existing open space
burden of the proposed collection of area; and implementation of a
Species Act of 1973, as amended. The
information, including the validity of conservation strategy on 3.09 acres
application addresses the potential for
the methodology and assumptions used; within an existing legal 5.08-acre parcel
‘‘take’’ of the federally endangered
(c) enhance the quality, utility, and located in western San Luis Obispo
Morro shoulderband snail likely to
clarity of the information to be result incidental to the construction of County, California. The requested
collected; and (d) minimize the burden a single-family residence, barn, septic permit term is 10 years. We invite
of the collection of information on those system, and improved residential comments from the public on the
who are to respond, including through access; management of an existing open application package. Issuance of an ITP
the use of appropriate automated, space area; and implementation of a pursuant to this HCP has been
electronic, mechanical, or other conservation strategy. We invite determined to be eligible for a
technological collection techniques or comments from the public on the categorical exclusion under National
other forms of information technology, application package, which includes a Environmental Policy Act (NEPA).
e.g., permitting electronic submission of habitat conservation plan (HCP) for the Background
responses. Morro shoulderband snail.
The Morro shoulderband snail was
Dated: May 15, 2015. DATES: To ensure consideration, please listed as endangered on December 15,
Janice Waller, send your written comments by June 29, 1994 (59 FR 64613). Section 9 of the Act
Acting Director, Records Management
2015. and its implementing regulations (16
Division, Mission Support, Federal ADDRESSES: You may download a copy U.S.C. 1531 et seq.) prohibit the take of
Emergency Management Agency, Department of the draft HCP and draft low-effect fish or wildlife species listed as
of Homeland Security. screening form and environmental endangered or threatened. Under the
action statement on the internet at Act, ‘‘take’’ is defined to include the
asabaliauskas on DSK5VPTVN1PROD with NOTICES
[FR Doc. 2015–12922 Filed 5–27–15; 8:45 am]
BILLING CODE 9111–52–P http://www.fws.gov/ventura/, or you following activities: ‘‘to harass, harm,
may request copies of the documents by pursue, hunt, shoot, wound, kill, trap,
U.S. mail or phone (see below). Please capture, or collect, or to attempt to
address written comments to Stephen P. engage in any such conduct’’ (16 U.S.C.
Henry, Field Supervisor, Ventura Fish 1532). Under section 10(a)(1)(B) of the
and Wildlife Office, U.S. Fish and Act, we may issue permits to authorize
Wildlife Service, 2493 Portola Road, take of listed species if it is incidental
Suite B, Ventura, CA 93003. You may to other lawful activities and not the
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![Federal Register / Vol. 80, No. 102 / Thursday, May 28, 2015 / Notices 30485
Dated: May 21, 2015. Introduction Public Availability of Comments
Stephen P. Henry, Written comments we receive become
Field Supervisor, Ventura Fish and Wildlife Under the Endangered Species Act, as
amended (16 U.S.C. 1531 et seq.; Act), part of the public record associated with
Office, Ventura, California. this action. Before including your
[FR Doc. 2015–12849 Filed 5–27–15; 8:45 am]
we, the U.S. Fish and Wildlife Service,
invite the public to comment on an address, phone number, email address,
BILLING CODE 4310–55–P
incidental take permit (ITP) application or other personal identifying
for take of the federally listed American information in your comment, you
burying beetle (Nicrophorus should be aware that your entire
DEPARTMENT OF THE INTERIOR comment—including your personal
americanus) resulting from activities
identifying information—may be made
Fish and Wildlife Service associated with geophysical exploration
publicly available at any time. While
(seismic) and construction,
you can request in your comment that
[FWS–R2–ES–2015–N097; maintenance, operation, repair, and
we withhold your personal identifying
FXES11130200000–156–FF02ENEH00] decommissioning of oil and gas well
information from public review, we
field infrastructure within Oklahoma. If
Receipt of an Incidental Take Permit cannot guarantee that we will be able to
approved, the permit would be issued to
Application for Participation in the Oil do so. We will not consider anonymous
the applicant under the Oil and Gas
and Gas Industry Conservation Plan comments. All submissions from
Industry Conservation Plan Associated
for the American Burying Beetle in organizations or businesses, and from
with Issuance of Endangered Species
Oklahoma individuals identifying themselves as
Act Section 10(a)(1)(B) Permits for the representatives or officials of
American Burying Beetle in Oklahoma organizations or businesses, will be
AGENCY: Fish and Wildlife Service,
(ICP). The ICP was made available for made available for public disclosure in
Interior.
comment on April 16, 2014 (79 FR their entirety.
ACTION: Notice of availability; request 21480), and approved on May 21, 2014
for public comments. (publication of the FONSI notice was on Authority
July 25, 2014; 79 FR 43504). The ICP We provide this notice under section
SUMMARY: Under the Endangered
and the associated environmental 10(c) of the Act (16 U.S.C. 1531 et seq.)
Species Act, as amended (Act), we, the
assessment/finding of no significant and its implementing regulations (50
U.S. Fish and Wildlife Service, invite
impact are available on the Web site at CFR 17.22) and the National
the public to comment on an incidental
http://www.fws.gov/southwest/es/ Environmental Policy Act (42 U.S.C.
take permit application for take of the
oklahoma/ABBICP. However, we are no 4321 et seq.) and its implementing
federally listed American burying beetle
longer taking comments on these regulations (40 CFR 1506.6).
resulting from activities associated with
documents.
the geophysical exploration (seismic) Dated: May 20, 2015.
and construction, maintenance, Applications Available for Review and Benjamin N. Tuggle,
operation, repair, and decommissioning Comment Regional Director, Southwest Region, U.S.
of oil and gas well field infrastructure Fish and Wildlife Service.
within Oklahoma. If approved, the We invite local, State, Tribal, and [FR Doc. 2015–12860 Filed 5–27–15; 8:45 am]
permit would be issued under the Federal agencies, and the public to BILLING CODE 4310–55–P
approved Oil and Gas Industry comment on the following application
Conservation Plan Associated with under the ICP, for incidental take of the
Issuance of Endangered Species Act federally listed ABB. Please refer to the DEPARTMENT OF THE INTERIOR
Section 10(a)(1)(B) Permits for the appropriate permit number (TE–
American Burying Beetle in Oklahoma 54185B) when requesting application Office of the Secretary
(ICP). documents and when submitting
[OMB Control Number 1035–0NEW;
comments. Documents and other 15XD0120AF DST000000.54FY DT11100000]
DATES: To ensure consideration, written
information the applicants have
comments must be received on or before
submitted with this application are Proposed Collection of Information
June 29, 2015.
available for review, subject to the Collection: Tribal Evaluation of Indian
ADDRESSES: You may obtain copies of requirements of the Privacy Act (5 Trust Programs Compacted by Tribes
all documents and submit comments on U.S.C. 552a) and Freedom of
the applicant’s ITP application by one of Information Act (5 U.S.C. 552). AGENCY: Office of the Special Trustee for
the following methods. Please refer to American Indians, Office of Trust
the permit number when requesting Permit TE–66049B Review & Audit, Interior.
documents or submitting comments. ACTION: Notice and request for
Applicant: Quartz Mountain Oil &
Æ U.S. Mail: U.S. Fish and Wildlife comments.
Gas, LLC, Oklahoma City, OK.
Service, Division of Endangered
Species—HCP Permits, P.O. Box 1306, Applicant requests a new permit for SUMMARY: In compliance with the
Room 6034, Albuquerque, NM 87103. gas upstream and midstream Paperwork Reduction Act of 1995, the
Æ Electronically: fw2_hcp_permits@ production, including geophysical Office of Trust Review & Audit, Office
exploration (seismic) and construction, of the Special Trustee for American
asabaliauskas on DSK5VPTVN1PROD with NOTICES
fws.gov.
maintenance, operation, repair, and Indians, Department of the Interior
FOR FURTHER INFORMATION CONTACT: announces the proposed collection of
decommissioning of gas well field
Marty Tuegel, Branch Chief, by U.S. infrastructure, as well as construction, information and seeks public comments
mail at Environmental Review, P.O. Box maintenance, operation, repair, on the provisions thereof.
1306, Room 6034, Albuquerque, NM decommissioning, and reclamation of DATES: Consideration will be given to all
87103; or by telephone at 505–248– gas gathering, transmission, and comments received by July 27, 2015.
6651. distribution pipeline infrastructure ADDRESSES: Send your written
SUPPLEMENTARY INFORMATION: within Oklahoma. comments to Nolan Solomon, Office of
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Document Created: 2018-02-21 10:33:26
Document Modified: 2018-02-21 10:33:26
| 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 comment. | |
| Dates | To ensure consideration, please send your written comments by June 29, 2015. | |
| Contact | Julie M. Vanderwier, Senior Fish and | |
| FR Citation | 80 FR 30483 |
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