80_FR_34805 80 FR 34689 - Proposed Low-Effect Habitat Conservation Plan for the California Tiger Salamander and California Red-Legged Frog, Sonoma County, California

80 FR 34689 - Proposed Low-Effect Habitat Conservation Plan for the California Tiger Salamander and California Red-Legged Frog, Sonoma County, California

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 80, Issue 116 (June 17, 2015)

Page Range34689-34691
FR Document2015-14853

We, the U.S. Fish and Wildlife Service (Service), have received an application from Steven Sannella (applicant) for a 5-year incidental take permit under the Endangered Species Act of 1973, as amended (Act). The application addresses the potential for ``take'' of two listed animals, the California tiger salamander and California red- legged frog. The applicant would implement a conservation program to minimize and mitigate the project activities, as described in the applicant's low-effect habitat conservation plan (HCP). We request comments on the applicant's application and HCP, and our preliminary determination that the HCP qualifies as a ``low-effect'' HCP, eligible for a categorical exclusion under the National Environmental Policy Act of 1969, as amended (NEPA). We discuss our basis for this determination in our environmental action statement (EAS), also available for public review.

Federal Register, Volume 80 Issue 116 (Wednesday, June 17, 2015)
[Federal Register Volume 80, Number 116 (Wednesday, June 17, 2015)]
[Notices]
[Pages 34689-34691]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-14853]



[[Page 34689]]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2015-N038; FF08ESMF00-FXES11120800000-156]


Proposed Low-Effect Habitat Conservation Plan for the California 
Tiger Salamander and California Red-Legged Frog, Sonoma County, 
California

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; receipt of permit application, proposed 
habitat conservation plan; request for comment.

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

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have 
received an application from Steven Sannella (applicant) for a 5-year 
incidental take permit under the Endangered Species Act of 1973, as 
amended (Act). The application addresses the potential for ``take'' of 
two listed animals, the California tiger salamander and California red-
legged frog. The applicant would implement a conservation program to 
minimize and mitigate the project activities, as described in the 
applicant's low-effect habitat conservation plan (HCP). We request 
comments on the applicant's application and HCP, and our preliminary 
determination that the HCP qualifies as a ``low-effect'' HCP, eligible 
for a categorical exclusion under the National Environmental Policy Act 
of 1969, as amended (NEPA). We discuss our basis for this determination 
in our environmental action statement (EAS), also available for public 
review.

DATES: To ensure consideration, please send your written comments by 
July 17, 2015. We will make the final permit decision no sooner than 
July 17, 2015.

ADDRESSES: Submitting Comments: Please address written comments to 
Vincent Griego, Coast Bay Division, U.S. Fish and Wildlife Service, 
Sacramento Fish and Wildlife Office, 2800 Cottage Way, W-2605, 
Sacramento, CA 95825. Alternatively, you may send comments by facsimile 
to (916) 414-6713.
    Reviewing Documents: You may obtain copies of the HCP and EAS from 
the individuals in FOR FURTHER INFORMATION CONTACT, or from the 
Sacramento Fish and Wildlife Office Web site at http://www.fws.gov/sacramento. Copies of these documents are also available for public 
inspection, by appointment, during regular business hours, at the 
Sacramento Fish and Wildlife Office.

FOR FURTHER INFORMATION CONTACT: Vincent Griego, Coast Bay Division; 
Mike Thomas, Chief, Conservation Planning Division; or Eric Tattersall, 
Deputy Assistant Field Supervisor, at the address shown above or at 
(916) 414-6600 (telephone). If you use a telecommunications device for 
the deaf, please call the Federal Information Relay Service at (800) 
877-8339.

SUPPLEMENTARY INFORMATION:

Introduction

    We have received an application from Steven Sannella (applicant) 
for a 5-year incidental take permit under the Endangered Species Act of 
1973, as amended (16 U.S.C. 1531 et seq.; Act). The application 
addresses the potential for ``take'' of two listed animals, the 
California tiger salamander and California red-legged frog. Below, we 
refer to both species, collectively the Covered Species. The applicant 
would implement a conservation program to minimize and mitigate the 
project activities, as described in the applicant's low-effect HCP. We 
request comments on the applicant's application and HCP, and our 
preliminary determination that the HCP qualifies as a ``low-effect'' 
habitat conservation plan, eligible for a categorical exclusion under 
the National Environmental Policy Act of 1969, as amended (43 U.S.C. 
4321 et seq.; NEPA). We discuss our basis for this determination in our 
environmental action statement (EAS), also available for public review.

Background Information

    Section 9 of the Act (16 U.S.C. 1531-1544 et seq.) and Federal 
regulations (50 CFR 17) prohibit the taking of fish and wildlife 
species listed as endangered or threatened under section 4 of the Act. 
Take of federally listed fish or wildlife is defined under the Act as 
to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or 
collect listed species, or attempt to engage in such conduct. The term 
``harass'' is defined in the regulations as to carry out actions that 
create the likelihood of injury to listed species to such an extent as 
to significantly disrupt normal behavioral patterns, which include, but 
are not limited to, breeding, feeding, or sheltering (50 CFR 17.3). The 
term ``harm'' is defined in the regulations as significant habitat 
modification or degradation that results in death or injury of listed 
species by significantly impairing essential behavioral patterns, 
including breeding, feeding, or sheltering (50 CFR 17.3). However, 
under specified circumstances, the Service may issue permits that allow 
the take of federally listed species, provided that the take that 
occurs is incidental to, but not the purpose of, an otherwise lawful 
activity.
    Regulations governing permits for endangered and threatened species 
are at 50 CFR 17.22 and 17.32, respectively. Section 10(a)(1)(B) of the 
Act contains provisions for issuing such incidental take permits to 
non-Federal entities for the take of endangered and threatened species, 
provided the following criteria are met:
    (1) The taking will be incidental;
    (2) The applicants will, to the maximum extent practicable, 
minimize and mitigate the impact of such taking;
    (3) The applicants will develop a proposed HCP and ensure that 
adequate funding for the HCP will be provided;
    (4) The taking will not appreciably reduce the likelihood of the 
survival and recovery of the species in the wild; and
    (5) The applicants will carry out any other measures that the 
Service may require as being necessary or appropriate for the purposes 
of the HCP.

Proposed Project

    The draft HCP addresses potential effects to the Covered Species 
that may result from the proposed activities. The applicant seeks 
incidental take authorization for covered activities within 13.31 acres 
located at 215 Valley View Drive, City of Petaluma, Sonoma County, 
California. The federally endangered California tiger salamander 
(Sonoma County Distinct Population Segment (Ambystoma californiense)) 
and federally threatened California red-legged frog (Rana draytonii) 
are the Covered Species in the applicant's proposed HCP.
    The applicant would seek incidental take authorization for these 
two Covered Species and would receive assurances under our ``No 
Surprises'' regulations (50 CFR 17.22(b)(5) and 17.32(b)(5)).

Proposed Covered Activities

    The following actions are proposed as the ``Covered Activities'' 
under the HCP: The 13.31-acre property will be subdivided to create 3 
additional lots, comprising the following: Lot 1 will be approximately 
3.25 acres; Lot 2, approximately 3 acres; and Lot 3, approximately 3.23 
acres, with the remainder lot being 3.83 acres. The existing developed 
area, the 3.83-acre lot, will not be further developed or renovated, 
nor will the other three new lots be developed at this time. The 
proposed general rural residential development, driveways, and sewage 
disposal system will comprise 1.54 acres of development/disturbance. 
The proposed building envelopes, which include the building staging 
areas and

[[Page 34690]]

landscape areas, are proposed as follows: Lot 1 would have 5,200 square 
feet; Lot 2 would have 6,773 square feet; and Lot 3 would have 17,186 
square feet. The applicant seeks a 5-year permit to cover the 
activities associated with this proposed development within the 13.31-
acre site (the permit area).

Proposed Mitigation Measures

    The applicant proposes to avoid, minimize, and mitigate the effects 
to the Covered Species associated with the Covered Activities by fully 
implementing the HCP. The following mitigation and minimization 
measures will be implemented:
     Mitigate for the loss of 1.54 acres of upland habitat for 
California tiger salamander by purchasing 1.54 acres of California 
tiger salamander credits from a Service-approved conservation bank. The 
applicant will also mitigate for the loss of 1.54 acres of upland 
habitat for California red-legged frog by purchasing 1.54 acres of 
California red-legged frog credits from a Service-approved conservation 
bank;
     Immediately prior to the start of work, a pre-construction 
survey will be conducted in the construction area for California tiger 
salamander and California red-legged frog by a Service-approved 
biologist. If California tiger salamander or California red-legged frog 
are found, the Service will be notified and the relocation of the 
individual will be completed with approval by the Service;
     A Service-approved biologist will conduct an Employee 
Education Program for all construction personnel. At a minimum, the 
training will include a description of the California tiger salamander 
and California red-legged frog and their habitat, the importance of the 
species and their habitats, and the general measures that are being 
implemented to protect the California tiger salamander and California 
red-legged frog as they relate to the project. Instruction will include 
the appropriate protocol to follow in the event California tiger 
salamander or California red-legged frogs are found on site;
     A Service-approved biological monitor will be on site each 
day during initial site grading of development sites. Thereafter, an 
on-site person will be designated to monitor on-site compliance with 
all minimization measures. The Service-approved biologist will ensure 
that this individual receives training consistent with that outlined in 
the HCP;
     Before the start of work each morning, the biological 
monitor will check for animals under any equipment such as vehicles and 
stored pipes. The biological monitor will check all excavated steep-
walled holes or trenches greater than 1 foot deep for any California 
tiger salamanders or California red-legged frogs. Any listed animals 
found will be removed by the biological monitor and translocated under 
approval by the Service;
     An erosion and sediment control plan will be implemented 
to prevent impacts to the wetlands and construction on habitat outside 
the work areas;
     Best Management Practices, including a Storm Water 
Pollution Prevention Plan, will be implemented during construction to 
prevent any construction debris or sediment from impacting adjacent 
habitat;
     The number of access routes, number and size of staging 
areas, and the total area of activity will be limited to the minimum 
necessary to achieve the project goal. The staging areas will be 
located in hardscaped areas or areas to be developed to prevent 
creating temporary impacts to suitable habitat. Any areas that are 
temporarily disturbed (within one season) will be restored to pre-
disturbance conditions immediately following construction. The Service-
approved biological monitor will identify the boundaries of the work 
and staging areas and ensure that that contractor does not disturb any 
ground outside the designated construction areas. The contractor will 
obtain approval from the monitor to go outside designated areas;
     All foods and food-related trash items will be enclosed in 
sealed trash containers at the end of each day, and removed completely 
from the site once every three days;
     No pets will be allowed anywhere in the project site 
during construction;
     A speed limit of 15 mph on dirt roads will be maintained, 
if applicable;
     All equipment will be maintained such that there will be 
no leaks of automotive fluids such as gasoline, oils, or solvents;
     Hazardous materials such as fuels, oils, solvents, etc., 
will be stored in sealable containers in a designated location that is 
at least 200 feet from aquatic habitats. All fueling and maintenance of 
vehicles and other equipment and staging areas will occur at least 200 
feet from any aquatic habitat;
     Grading and clearing will typically be conducted between 
April 15 and October 15 of any given year, depending on the level of 
rainfall and/or site conditions;
     Project areas temporarily disturbed by construction 
activities will be re-vegetated;
     If California tiger salamander or California red-legged 
frog are found, the proponent will coordinate with the Service to 
prevent take of individuals and mitigate for loss of habitat.

Proposed Action and Alternatives

    Our proposed action (see below) is approving the applicant's HCP 
and issuance of an incidental take permit for take resulting from 
implementation of the Covered Activities. As required by the Act, the 
applicant's HCP considers alternatives to the take under the proposed 
action. The HCP considers the environmental consequences of two 
alternatives to the proposed action: (1) The No-Action Alternative; and 
(2) the Reduced Development Alternative.
No-Action Alternative
    Under the No-Action Alternative, we would not issue an incidental 
take permit; the applicant would not build the proposed project; the 
project site would remain undeveloped, the existing upland habitat 
would not be disturbed, and the applicant would not implement proposed 
mitigation measures. While this No-Action Alternative would avoid take 
of the Covered Species, it is considered infeasible because it would 
result in unnecessary economic burden on the applicant. It also could 
result in sale of the parcel to a party that would develop the property 
without maintaining any habitat on site. For this reason, the No-Action 
Alternative has been rejected.
Reduced Development Alternative
    Under the Reduced Development Alternative, the size of the proposed 
residences would be reduced but not the required access roadway. The 
Service would issue a permit, and the applicant would implement the 
proposed mitigation measures. While this Reduced Development 
Alternative would reduce the loss of California tiger salamander and 
California red-legged frog habitat, it would still potentially result 
in take of these species, and it would not reduce the project footprint 
to a biologically meaningful extent. This alternative would result in 
unnecessary economic burden to the applicant. For these reasons, the 
Reduced Take Alternative was rejected.
Proposed Action
    Under the Proposed Action Alternative, we would issue an incidental 
take permit for the applicant's proposed project, which includes the 
activities described above. The Proposed Action Alternative would 
result in the permanent loss of 1.54 acres of California tiger 
salamander and

[[Page 34691]]

California red-legged frog upland habitat. The habitat would be 
converted to rural residential and associated infrastructure and road 
access. To mitigate for these effects, the applicant proposes to 
purchase (a) 1.54 acres of California tiger salamander credits from a 
Service-approved conservation bank located in Sonoma County, and (b) 
1.54 acres of California red-legged frog credits from a Service-
approved conservation bank located in Alameda County.

National Environmental Policy Act

    As described in our EAS, we have made the preliminary determination 
that approval of the proposed Plan and issuance of the permit would 
qualify as a categorical exclusion under NEPA (42 U.S.C. 4321-4347 et 
seq.), as provided by NEPA implementing regulations in the Code of 
Federal Regulations (40 CFR 1500.5(k), 1507.3(b)(2), 1508.4), by 
Department of the Interior regulations (43 CFR 46.205, 46.210, 46.215), 
and by the Department of the Interior Manual (516 DM 3 and 516 DM 8). 
Our EAS found that the proposed HCP qualifies as a ``low-effect'' HCP, 
as defined by our ``Habitat Conservation Planning and Incidental Take 
Permitting Process Handbook'' (November 1996).
    Determination of whether a habitat conservation plan qualifies as 
low-effect is based on the following three criteria: (1) Implementation 
of the proposed HCP would result in minor or negligible effects on 
federally listed, proposed, and candidate species and their habitats; 
(2) implementation of the proposed plan 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 projects, would not result, over 
time, in cumulative effects to environmental values or resources that 
would be considered significant. Based upon the preliminary 
determinations in the EAS, we do not intend to prepare further NEPA 
documentation. We will consider public comments when making the final 
determination on whether to prepare an additional NEPA document on the 
proposed action.

Public Comments

    We request data, comments, new information, or suggestions from the 
public, other concerned governmental agencies, the scientific 
community, Tribes, industry, or any other interested party on this 
notice. We particularly seek comments on the following:
    (1) Biological information concerning the species;
    (2) Relevant data concerning the species;
    (3) Additional information concerning the range, distribution, 
population size, and population trends of the species;
    (4) Current or planned activities in the subject area and their 
possible impacts on the species; and
    (5) Identification of any other environmental issues that should be 
considered with regard to the proposed rural residential project and 
permit action.
    You may submit your comments and materials by one of the methods 
listed above in ADDRESSES. Comments and materials we receive, as well 
as supporting documentation we used in preparing the EAS, will be 
available for public inspection by appointment, during normal business 
hours, at our office (see FOR FURTHER INFORMATION CONTACT).

Public Availability of Comments

    Before including your address, phone number, or other personal 
identifying information in your comment, you should be aware that your 
entire comment--including your personal identifying information--might 
be made publicly available at any time. While you can 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.

Next Steps

    We will evaluate the permit application, including the HCP, and 
comments we receive to determine whether the application meets the 
requirements of section 10(a) of the Act. If the requirements are met, 
we will issue a permit to the applicant for the incidental take of the 
California tiger salamander and California red-legged frog from the 
implementation of the covered activities described in the low-effect 
Habitat Conservation Plan for the California tiger salamander and 
California red-legged frog, City of Petaluma, Sonoma County, 
California. We will make the final permit decision no sooner than 30 
days after publication of this notice in the Federal Register.

Authority

    We publish this notice under the National Environmental Policy Act 
of 1969, as amended (42 U.S.C. 4321 et seq.), and its implementing 
regulations in the Code of Federal Regulations (CFR) at 40 CFR 1500-
1508, as well as in compliance with section 10(c) of the Endangered 
Species Act (16 U.S.C. 1531 et seq.).

    Dated: June 11, 2015.
Jennifer M. Norris,
Field Supervisor, Sacramento Fish and Wildlife Office, Sacramento, 
California.
[FR Doc. 2015-14853 Filed 6-16-15; 8:45 am]
 BILLING CODE 4310-55-P



                                                                                 Federal Register / Vol. 80, No. 116 / Wednesday, June 17, 2015 / Notices                                           34689

                                                    DEPARTMENT OF THE INTERIOR                              Mike Thomas, Chief, Conservation                       but not the purpose of, an otherwise
                                                                                                            Planning Division; or Eric Tattersall,                 lawful activity.
                                                    Fish and Wildlife Service                               Deputy Assistant Field Supervisor, at                     Regulations governing permits for
                                                    [FWS–R8–ES–2015–N038; FF08ESMF00–                       the address shown above or at (916)                    endangered and threatened species are
                                                    FXES11120800000–156]                                    414–6600 (telephone). If you use a                     at 50 CFR 17.22 and 17.32, respectively.
                                                                                                            telecommunications device for the deaf,                Section 10(a)(1)(B) of the Act contains
                                                    Proposed Low-Effect Habitat                             please call the Federal Information                    provisions for issuing such incidental
                                                    Conservation Plan for the California                    Relay Service at (800) 877–8339.                       take permits to non-Federal entities for
                                                    Tiger Salamander and California Red-                    SUPPLEMENTARY INFORMATION:                             the take of endangered and threatened
                                                    Legged Frog, Sonoma County,                                                                                    species, provided the following criteria
                                                    California                                              Introduction                                           are met:
                                                                                                              We have received an application from                    (1) The taking will be incidental;
                                                    AGENCY:    Fish and Wildlife Service,                                                                             (2) The applicants will, to the
                                                    Interior.                                               Steven Sannella (applicant) for a 5-year
                                                                                                                                                                   maximum extent practicable, minimize
                                                                                                            incidental take permit under the
                                                    ACTION:  Notice of availability; receipt of                                                                    and mitigate the impact of such taking;
                                                                                                            Endangered Species Act of 1973, as
                                                    permit application, proposed habitat                                                                              (3) The applicants will develop a
                                                                                                            amended (16 U.S.C. 1531 et seq.; Act).
                                                    conservation plan; request for comment.                                                                        proposed HCP and ensure that adequate
                                                                                                            The application addresses the potential
                                                                                                                                                                   funding for the HCP will be provided;
                                                    SUMMARY:     We, the U.S. Fish and                      for ‘‘take’’ of two listed animals, the                   (4) The taking will not appreciably
                                                    Wildlife Service (Service), have received               California tiger salamander and                        reduce the likelihood of the survival
                                                    an application from Steven Sannella                     California red-legged frog. Below, we                  and recovery of the species in the wild;
                                                    (applicant) for a 5-year incidental take                refer to both species, collectively the                and
                                                    permit under the Endangered Species                     Covered Species. The applicant would                      (5) The applicants will carry out any
                                                    Act of 1973, as amended (Act). The                      implement a conservation program to                    other measures that the Service may
                                                    application addresses the potential for                 minimize and mitigate the project                      require as being necessary or
                                                    ‘‘take’’ of two listed animals, the                     activities, as described in the applicant’s            appropriate for the purposes of the HCP.
                                                    California tiger salamander and                         low-effect HCP. We request comments
                                                                                                            on the applicant’s application and HCP,                Proposed Project
                                                    California red-legged frog. The applicant
                                                    would implement a conservation                          and our preliminary determination that                    The draft HCP addresses potential
                                                    program to minimize and mitigate the                    the HCP qualifies as a ‘‘low-effect’’                  effects to the Covered Species that may
                                                    project activities, as described in the                 habitat conservation plan, eligible for a              result from the proposed activities. The
                                                    applicant’s low-effect habitat                          categorical exclusion under the National               applicant seeks incidental take
                                                    conservation plan (HCP). We request                     Environmental Policy Act of 1969, as                   authorization for covered activities
                                                    comments on the applicant’s                             amended (43 U.S.C. 4321 et seq.;                       within 13.31 acres located at 215 Valley
                                                    application and HCP, and our                            NEPA). We discuss our basis for this                   View Drive, City of Petaluma, Sonoma
                                                    preliminary determination that the HCP                  determination in our environmental                     County, California. The federally
                                                    qualifies as a ‘‘low-effect’’ HCP, eligible             action statement (EAS), also available                 endangered California tiger salamander
                                                    for a categorical exclusion under the                   for public review.                                     (Sonoma County Distinct Population
                                                    National Environmental Policy Act of                    Background Information                                 Segment (Ambystoma californiense))
                                                    1969, as amended (NEPA). We discuss                                                                            and federally threatened California red-
                                                    our basis for this determination in our                    Section 9 of the Act (16 U.S.C. 1531–               legged frog (Rana draytonii) are the
                                                    environmental action statement (EAS),                   1544 et seq.) and Federal regulations (50              Covered Species in the applicant’s
                                                    also available for public review.                       CFR 17) prohibit the taking of fish and                proposed HCP.
                                                                                                            wildlife species listed as endangered or                  The applicant would seek incidental
                                                    DATES: To ensure consideration, please
                                                                                                            threatened under section 4 of the Act.                 take authorization for these two Covered
                                                    send your written comments by July 17,                  Take of federally listed fish or wildlife              Species and would receive assurances
                                                    2015. We will make the final permit                     is defined under the Act as to harass,                 under our ‘‘No Surprises’’ regulations
                                                    decision no sooner than July 17, 2015.                  harm, pursue, hunt, shoot, wound, kill,                (50 CFR 17.22(b)(5) and 17.32(b)(5)).
                                                    ADDRESSES: Submitting Comments:                         trap, capture, or collect listed species, or
                                                    Please address written comments to                      attempt to engage in such conduct. The                 Proposed Covered Activities
                                                    Vincent Griego, Coast Bay Division, U.S.                term ‘‘harass’’ is defined in the                        The following actions are proposed as
                                                    Fish and Wildlife Service, Sacramento                   regulations as to carry out actions that               the ‘‘Covered Activities’’ under the HCP:
                                                    Fish and Wildlife Office, 2800 Cottage                  create the likelihood of injury to listed              The 13.31–acre property will be
                                                    Way, W–2605, Sacramento, CA 95825.                      species to such an extent as to                        subdivided to create 3 additional lots,
                                                    Alternatively, you may send comments                    significantly disrupt normal behavioral                comprising the following: Lot 1 will be
                                                    by facsimile to (916) 414–6713.                         patterns, which include, but are not                   approximately 3.25 acres; Lot 2,
                                                       Reviewing Documents: You may                         limited to, breeding, feeding, or                      approximately 3 acres; and Lot 3,
                                                    obtain copies of the HCP and EAS from                   sheltering (50 CFR 17.3). The term                     approximately 3.23 acres, with the
                                                    the individuals in FOR FURTHER                          ‘‘harm’’ is defined in the regulations as              remainder lot being 3.83 acres. The
                                                    INFORMATION CONTACT, or from the                        significant habitat modification or                    existing developed area, the 3.83–acre
                                                    Sacramento Fish and Wildlife Office                     degradation that results in death or                   lot, will not be further developed or
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    Web site at http://www.fws.gov/                         injury of listed species by significantly              renovated, nor will the other three new
                                                    sacramento. Copies of these documents                   impairing essential behavioral patterns,               lots be developed at this time. The
                                                    are also available for public inspection,               including breeding, feeding, or                        proposed general rural residential
                                                    by appointment, during regular business                 sheltering (50 CFR 17.3). However,                     development, driveways, and sewage
                                                    hours, at the Sacramento Fish and                       under specified circumstances, the                     disposal system will comprise 1.54
                                                    Wildlife Office.                                        Service may issue permits that allow the               acres of development/disturbance. The
                                                    FOR FURTHER INFORMATION CONTACT:                        take of federally listed species, provided             proposed building envelopes, which
                                                    Vincent Griego, Coast Bay Division;                     that the take that occurs is incidental to,            include the building staging areas and


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                                                    34690                        Federal Register / Vol. 80, No. 116 / Wednesday, June 17, 2015 / Notices

                                                    landscape areas, are proposed as                        biological monitor will check all                        • If California tiger salamander or
                                                    follows: Lot 1 would have 5,200 square                  excavated steep-walled holes or                        California red-legged frog are found, the
                                                    feet; Lot 2 would have 6,773 square feet;               trenches greater than 1 foot deep for any              proponent will coordinate with the
                                                    and Lot 3 would have 17,186 square                      California tiger salamanders or                        Service to prevent take of individuals
                                                    feet. The applicant seeks a 5-year permit               California red-legged frogs. Any listed                and mitigate for loss of habitat.
                                                    to cover the activities associated with                 animals found will be removed by the
                                                                                                                                                                   Proposed Action and Alternatives
                                                    this proposed development within the                    biological monitor and translocated
                                                    13.31-acre site (the permit area).                      under approval by the Service;                            Our proposed action (see below) is
                                                                                                               • An erosion and sediment control                   approving the applicant’s HCP and
                                                    Proposed Mitigation Measures                                                                                   issuance of an incidental take permit for
                                                                                                            plan will be implemented to prevent
                                                       The applicant proposes to avoid,                     impacts to the wetlands and                            take resulting from implementation of
                                                    minimize, and mitigate the effects to the               construction on habitat outside the work               the Covered Activities. As required by
                                                    Covered Species associated with the                     areas;                                                 the Act, the applicant’s HCP considers
                                                    Covered Activities by fully                                • Best Management Practices,                        alternatives to the take under the
                                                    implementing the HCP. The following                     including a Storm Water Pollution                      proposed action. The HCP considers the
                                                    mitigation and minimization measures                    Prevention Plan, will be implemented                   environmental consequences of two
                                                    will be implemented:                                    during construction to prevent any                     alternatives to the proposed action: (1)
                                                       • Mitigate for the loss of 1.54 acres of             construction debris or sediment from                   The No-Action Alternative; and (2) the
                                                    upland habitat for California tiger                     impacting adjacent habitat;                            Reduced Development Alternative.
                                                    salamander by purchasing 1.54 acres of                     • The number of access routes,
                                                    California tiger salamander credits from                                                                       No-Action Alternative
                                                                                                            number and size of staging areas, and
                                                    a Service-approved conservation bank.                   the total area of activity will be limited               Under the No-Action Alternative, we
                                                    The applicant will also mitigate for the                to the minimum necessary to achieve                    would not issue an incidental take
                                                    loss of 1.54 acres of upland habitat for                the project goal. The staging areas will               permit; the applicant would not build
                                                    California red-legged frog by purchasing                be located in hardscaped areas or areas                the proposed project; the project site
                                                    1.54 acres of California red-legged frog                to be developed to prevent creating                    would remain undeveloped, the existing
                                                    credits from a Service-approved                         temporary impacts to suitable habitat.                 upland habitat would not be disturbed,
                                                    conservation bank;                                      Any areas that are temporarily disturbed               and the applicant would not implement
                                                       • Immediately prior to the start of                  (within one season) will be restored to                proposed mitigation measures. While
                                                    work, a pre-construction survey will be                 pre-disturbance conditions immediately                 this No-Action Alternative would avoid
                                                    conducted in the construction area for                  following construction. The Service-                   take of the Covered Species, it is
                                                    California tiger salamander and                         approved biological monitor will                       considered infeasible because it would
                                                    California red-legged frog by a Service-                identify the boundaries of the work and                result in unnecessary economic burden
                                                    approved biologist. If California tiger                 staging areas and ensure that that                     on the applicant. It also could result in
                                                    salamander or California red-legged frog                contractor does not disturb any ground                 sale of the parcel to a party that would
                                                    are found, the Service will be notified                 outside the designated construction                    develop the property without
                                                    and the relocation of the individual will               areas. The contractor will obtain                      maintaining any habitat on site. For this
                                                    be completed with approval by the                       approval from the monitor to go outside                reason, the No-Action Alternative has
                                                    Service;                                                designated areas;                                      been rejected.
                                                       • A Service-approved biologist will                     • All foods and food-related trash
                                                    conduct an Employee Education                                                                                  Reduced Development Alternative
                                                                                                            items will be enclosed in sealed trash
                                                    Program for all construction personnel.                 containers at the end of each day, and                    Under the Reduced Development
                                                    At a minimum, the training will include                 removed completely from the site once                  Alternative, the size of the proposed
                                                    a description of the California tiger                   every three days;                                      residences would be reduced but not the
                                                    salamander and California red-legged                       • No pets will be allowed anywhere                  required access roadway. The Service
                                                    frog and their habitat, the importance of               in the project site during construction;               would issue a permit, and the applicant
                                                    the species and their habitats, and the                    • A speed limit of 15 mph on dirt                   would implement the proposed
                                                    general measures that are being                         roads will be maintained, if applicable;               mitigation measures. While this
                                                    implemented to protect the California                      • All equipment will be maintained                  Reduced Development Alternative
                                                    tiger salamander and California red-                    such that there will be no leaks of                    would reduce the loss of California tiger
                                                    legged frog as they relate to the project.              automotive fluids such as gasoline, oils,              salamander and California red-legged
                                                    Instruction will include the appropriate                or solvents;                                           frog habitat, it would still potentially
                                                    protocol to follow in the event                            • Hazardous materials such as fuels,                result in take of these species, and it
                                                    California tiger salamander or California               oils, solvents, etc., will be stored in                would not reduce the project footprint
                                                    red-legged frogs are found on site;                     sealable containers in a designated                    to a biologically meaningful extent. This
                                                       • A Service-approved biological                      location that is at least 200 feet from                alternative would result in unnecessary
                                                    monitor will be on site each day during                 aquatic habitats. All fueling and                      economic burden to the applicant. For
                                                    initial site grading of development sites.              maintenance of vehicles and other                      these reasons, the Reduced Take
                                                    Thereafter, an on-site person will be                   equipment and staging areas will occur                 Alternative was rejected.
                                                    designated to monitor on-site                           at least 200 feet from any aquatic
                                                    compliance with all minimization                                                                               Proposed Action
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                                                                            habitat;
                                                    measures. The Service-approved                             • Grading and clearing will typically                 Under the Proposed Action
                                                    biologist will ensure that this individual              be conducted between April 15 and                      Alternative, we would issue an
                                                    receives training consistent with that                  October 15 of any given year, depending                incidental take permit for the
                                                    outlined in the HCP;                                    on the level of rainfall and/or site                   applicant’s proposed project, which
                                                       • Before the start of work each                      conditions;                                            includes the activities described above.
                                                    morning, the biological monitor will                       • Project areas temporarily disturbed               The Proposed Action Alternative would
                                                    check for animals under any equipment                   by construction activities will be re-                 result in the permanent loss of 1.54
                                                    such as vehicles and stored pipes. The                  vegetated;                                             acres of California tiger salamander and


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                                                                                 Federal Register / Vol. 80, No. 116 / Wednesday, June 17, 2015 / Notices                                                  34691

                                                    California red-legged frog upland                         (2) Relevant data concerning the                       Dated: June 11, 2015.
                                                    habitat. The habitat would be converted                 species;                                               Jennifer M. Norris,
                                                    to rural residential and associated                       (3) Additional information concerning                Field Supervisor, Sacramento Fish and
                                                    infrastructure and road access. To                      the range, distribution, population size,              Wildlife Office, Sacramento, California.
                                                    mitigate for these effects, the applicant               and population trends of the species;                  [FR Doc. 2015–14853 Filed 6–16–15; 8:45 am]
                                                    proposes to purchase (a) 1.54 acres of                    (4) Current or planned activities in the             BILLING CODE 4310–55–P
                                                    California tiger salamander credits from                subject area and their possible impacts
                                                    a Service-approved conservation bank                    on the species; and
                                                    located in Sonoma County, and (b) 1.54                    (5) Identification of any other                      DEPARTMENT OF THE INTERIOR
                                                    acres of California red-legged frog                     environmental issues that should be
                                                    credits from a Service-approved                         considered with regard to the proposed                 National Park Service
                                                    conservation bank located in Alameda                    rural residential project and permit                   [NPS–SERO–CAHA–18133; PPSESEROC3,
                                                    County.                                                 action.                                                PPMPSAS1Y.YP0000]
                                                    National Environmental Policy Act                         You may submit your comments and
                                                                                                            materials by one of the methods listed                 Environmental Impact Statement for a
                                                       As described in our EAS, we have                     above in ADDRESSES. Comments and                       Special Use Permit to Dare County for
                                                    made the preliminary determination                      materials we receive, as well as                       Activities Related to the Protection of
                                                    that approval of the proposed Plan and                  supporting documentation we used in                    North Carolina Highway 12 in Cape
                                                    issuance of the permit would qualify as                 preparing the EAS, will be available for               Hatteras National Seashore, North
                                                    a categorical exclusion under NEPA (42                  public inspection by appointment,                      Carolina
                                                    U.S.C. 4321–4347 et seq.), as provided                  during normal business hours, at our
                                                    by NEPA implementing regulations in                                                                            AGENCY: National Park Service, Interior.
                                                                                                            office (see FOR FURTHER INFORMATION
                                                    the Code of Federal Regulations (40 CFR                 CONTACT).
                                                                                                                                                                   ACTION:Notice of termination of
                                                    1500.5(k), 1507.3(b)(2), 1508.4), by                                                                           environmental impact statement.
                                                    Department of the Interior regulations                  Public Availability of Comments
                                                    (43 CFR 46.205, 46.210, 46.215), and by                                                                        SUMMARY:   The National Park Service
                                                                                                              Before including your address, phone                 (NPS) is terminating preparation of an
                                                    the Department of the Interior Manual                   number, or other personal identifying
                                                    (516 DM 3 and 516 DM 8). Our EAS                                                                               environmental impact statement (EIS)
                                                                                                            information in your comment, you                       for a Special Use Permit to Dare County
                                                    found that the proposed HCP qualifies                   should be aware that your entire
                                                    as a ‘‘low-effect’’ HCP, as defined by our                                                                     for Activities Related to the Protection
                                                                                                            comment—including your personal                        of North Carolina Highway 12 in Cape
                                                    ‘‘Habitat Conservation Planning and                     identifying information—might be made
                                                    Incidental Take Permitting Process                                                                             Hatteras National Seashore, North
                                                                                                            publicly available at any time. While                  Carolina. Instead, the NPS will be
                                                    Handbook’’ (November 1996).                             you can ask us in your comment to                      preparing an environmental assessment
                                                       Determination of whether a habitat                   withhold your personal identifying                     (EA) to assist the NPS in determining
                                                    conservation plan qualifies as low-effect               information from public review, we                     whether, where, and under what
                                                    is based on the following three criteria:               cannot guarantee that we will be able to               conditions the NPS would issue a
                                                    (1) Implementation of the proposed HCP                  do so.                                                 Special Use Permit to Dare County for
                                                    would result in minor or negligible
                                                                                                            Next Steps                                             actions related to the protection of
                                                    effects on federally listed, proposed, and
                                                                                                                                                                   Highway 12 in the Buxton Village area.
                                                    candidate species and their habitats; (2)                  We will evaluate the permit
                                                    implementation of the proposed plan                                                                            ADDRESSES: Cape Hatteras National
                                                                                                            application, including the HCP, and
                                                    would result in minor or negligible                     comments we receive to determine                       Seashore, 1401 National Park Road,
                                                    effects on other environmental values or                whether the application meets the                      Manteo, North Carolina 27954.
                                                    resources; and (3) impacts of the HCP,                  requirements of section 10(a) of the Act.              FOR FURTHER INFORMATION CONTACT:
                                                    considered together with the impacts of                 If the requirements are met, we will                   Dave Hallac, Park Superintendent at the
                                                    other past, present, and reasonably                     issue a permit to the applicant for the                address shown above, by phone at (252)
                                                    foreseeable projects, would not result,                 incidental take of the California tiger                475–9000.
                                                    over time, in cumulative effects to                     salamander and California red-legged                   SUPPLEMENTARY INFORMATION: A Notice
                                                    environmental values or resources that                  frog from the implementation of the                    of Intent to prepare an EIS to consider
                                                    would be considered significant. Based                  covered activities described in the low-               a Special Use Permit to Dare County for
                                                    upon the preliminary determinations in                  effect Habitat Conservation Plan for the               Activities Related to the Protection of
                                                    the EAS, we do not intend to prepare                    California tiger salamander and                        North Carolina Highway 12 was
                                                    further NEPA documentation. We will                     California red-legged frog, City of                    published in the Federal Register on
                                                    consider public comments when making                    Petaluma, Sonoma County, California.                   December 29, 2014 (79 FR 78106, Pages
                                                    the final determination on whether to                   We will make the final permit decision                 78106–78107). The NPS then engaged in
                                                    prepare an additional NEPA document                     no sooner than 30 days after publication               a scoping process which included
                                                    on the proposed action.                                 of this notice in the Federal Register.                public meetings and consultation with
                                                    Public Comments                                                                                                federal agencies, and the initial
                                                                                                            Authority
                                                                                                                                                                   development of a range of management
                                                      We request data, comments, new                           We publish this notice under the                    alternatives with preliminary
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    information, or suggestions from the                    National Environmental Policy Act of                   environmental impact assessment.
                                                    public, other concerned governmental                    1969, as amended (42 U.S.C. 4321 et                    Preliminary analysis of the alternatives
                                                    agencies, the scientific community,                     seq.), and its implementing regulations                shows there is no potential for
                                                    Tribes, industry, or any other interested               in the Code of Federal Regulations                     significant impacts to park resources
                                                    party on this notice. We particularly                   (CFR) at 40 CFR 1500–1508, as well as                  and values and no concerns or issues
                                                    seek comments on the following:                         in compliance with section 10(c) of the                were expressed during the public
                                                      (1) Biological information concerning                 Endangered Species Act (16 U.S.C. 1531                 scoping process that would have the
                                                    the species;                                            et seq.).                                              potential for highly controversial


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Document Created: 2015-12-15 14:22:47
Document Modified: 2015-12-15 14:22:47
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of availability; receipt of permit application, proposed habitat conservation plan; request for comment.
DatesTo ensure consideration, please send your written comments by July 17, 2015. We will make the final permit decision no sooner than July 17, 2015.
ContactVincent Griego, Coast Bay Division; Mike Thomas, Chief, Conservation Planning Division; or Eric Tattersall,
FR Citation80 FR 34689 

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