81 FR 19616 - Low-Effect Habitat Conservation Plan for The Terrace of Scotts Valley in the City of Scotts Valley, Santa Cruz County, California
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service Federal Register Volume 81, Issue 65 (April 5, 2016)
Fish and Wildlife Service
Federal Register Volume 81, Issue 65 (April 5, 2016)
| Page Range | 19616-19618 | |
| FR Document | 2016-07795 |
[Federal Register Volume 81, Number 65 (Tuesday, April 5, 2016)] [Notices] [Pages 19616-19618] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-07795] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS-R8-ES-2016-N066; FXES11120800000-156-FF08EVEN00] Low-Effect Habitat Conservation Plan for The Terrace of Scotts Valley in the City of Scotts Valley, Santa Cruz County, California AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of availability; request for comment. ----------------------------------------------------------------------- SUMMARY: We, the U.S. Fish and Wildlife Service, have received an application from Mr. Chris Perri of Apple Homes Development 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 the federally endangered Mount Hermon June beetle likely to occur incidental to the construction of 20 new townhomes, garages, and associated landscaping and infrastructure at two existing legal parcels in Scotts Valley, Santa Cruz County, California. We invite comments from the public on the application package, which includes the Low- Effect Habitat Conservation Plan for The Terrace of Scotts Valley. DATES: To ensure consideration, please send your written comments by May 5, 2016. ADDRESSES: You may download a copy of the Habitat Conservation Plan, draft Environmental Action Statement and Low-Effect Screening Form, and related documents on the Internet at http://www.fws.gov/ventura/, or you may request copies of the documents by U.S. mail to our Ventura office or by phone (see FOR FURTHER INFORMATION CONTACT). 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: Chad Mitcham, Fish and Wildlife Biologist, by U.S. mail to the Ventura office, or by telephone at (831) 768-7794. SUPPLEMENTARY INFORMATION: We have received an application from Mr. Chris Perri for a 5-year incidental take permit under the Endangered Species Act of 1973, as amended. The application addresses the potential for ``take'' of the federally endangered Mount Hermon June beetle (Polyphylla barbata) likely to occur incidental to the construction of 20 new townhomes, garages, and associated landscaping and infrastructure at two existing legal parcels in Scotts Valley, Santa Cruz County, California. The applicant would implement a conservation program to minimize and mitigate project activities that are likely to result in take of the Mount Hermon June beetle as described in the plan. We invite comments from the public on the application package, which includes the Low-Effect Habitat Conservation Plan for The Terrace of Scotts Valley. This proposed action has been determined to be eligible for a Categorical Exclusion under the National Environmental Policy Act of 1969, as amended. Background The U.S. Fish and Wildlife Service (Service) listed the Mount Hermon June beetle as endangered on January 24, 1997 (62 FR 3616). Section 9 of the Act (16 U.S.C. 1531 et seq.) and its implementing regulations prohibit the take of fish or wildlife species listed as endangered or threatened. ``Take'' is defined under the Act 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); however, under section [[Page 19617]] 10(a)(1)(B) of the Act, we may issue permits to authorize incidental take of listed species. The Act defines ``Incidental Take'' as take that is not the purpose of carrying out of an otherwise lawful activity. Regulations governing incidental take permits for threatened and endangered species are provided at 50 CFR 17.32 and 17.22, respectively. Issuance of an incidental take permit must not jeopardize the existence of federally listed fish, wildlife, or plant species. Take of listed plants is not prohibited under the Act unless such take would violate State law. As such, take of plants cannot be authorized under an incidental take permit. Plant species may be included on a permit in recognition of the conservation benefits provided them under a habitat conservation plan. All species, including plants, covered by the incidental take permit receive assurances under our ``No Surprises'' regulations (50 CFR 17.22(b)(55) and 17.32(b)(5)). In addition to meeting other specific criteria, actions undertaken through implementation of the Habitat Conservation Plan (HCP) must not jeopardize the continued existence of federally listed animal or plant species. Applicant's Proposal Mr. Chris Perri (hereafter, the applicant) has submitted a Low- Effect HCP in support of his application for an incidental take permit (ITP) to address take of Mount Hermon June beetle that is likely to occur as the result of direct impacts to up to 2.62 acres (ac) (114,214 square feet (sf)) of degraded sandhills habitat occupied by the species. Take would be associated with the construction of the residential development on two existing parcels legally described as Assessor Parcel Number's 022-162-69 and 022-162-74. The current site address is 400 Glen Canyon Road in Scotts Valley, Santa Cruz County, California. The applicant is requesting a permit for take of Mount Hermon June beetle that would result from ``covered activities'' that are related to the construction of 20 townhomes, garages and associated landscaping/infrastructure. The applicant proposes to avoid, minimize, and mitigate take of Mount Hermon June beetle associated with the covered activities by fully implementing the HCP. The following measures will be implemented: (1) Temporary fencing and signs will be installed to clearly delineate the boundaries of the project; (2) if construction occurs during the flight season (considered to be between May and October, annually), exposed soils will be covered with erosion control fabric or other impervious materials to prevent any dispersing Mount Hermon June beetles from burrowing into exposed soil at the construction site; (3) employment of a Service-approved entomologist to capture and relocate into suitable habitat and out of harm's way any Mount Hermon June beetle larvae unearthed during construction activities; (4) all outdoor night lighting will use light bulbs certified not to attract nocturnally active insects, in order to minimize disruption of Mount Hermon June beetle breeding behavior during the adult flight season; and (5) secure off-site mitigation at a ratio of 1:1 to mitigate for permanent habitat impacts through the acquisition of 2.62 ac (114,214 sf) of conservation credits at the Zayante Sandhills Conservation Bank. The applicant will fund up to $733,284 to ensure implementation of all minimization measures, monitoring, and reporting requirements identified in the HCP. In the proposed HCP, the applicant considers two alternatives to the proposed action: ``No Action'' and ``Redesigned Project.'' Under the ``No Action'' alternative, an ITP for the Terrace at Scotts Valley would not be issued. The Terrace at Scotts Valley would not be built, and the purchase of conservation credits would not be provided to effect recovery actions for Mount Hermon June beetle. Additionally, since the property is privately owned, there are ongoing economic considerations associated with continued ownership without use, which includes payment of associated taxes. The sale of this property for purposes other than the identified activity is not considered economically feasible. Because of economic considerations and because the proposed action results in a net benefit for the covered species, the No Action Alternative has been rejected. Under the ``Redesigned Project'' alternative, the project would be redesigned to avoid or further reduce take of Mount Hermon June beetle. The proposed project has already been designed to minimize impacts to the species as the project area does not contain Zayante sands, the preferred habitat of the species. Reduction in the size of the development would not result in a significant reduction in take and is not practical. Additionally, the proposed project provides greater habitat conservation as the purchase of conservation credits at a ratio of 1:1 would result in the protection and management of preferred habitat for the species. As such, the ``Project Redesign'' alternative has also been rejected. Our Preliminary Determination We are requesting comments on our preliminary determination that the applicant's proposal will have a minor or negligible effect on the Mount Hermon June beetle and that the plan qualifies as a low-effect HCP as defined by our Habitat Conservation Planning Handbook (November 1996). We base our determinations on three criteria: (1) Implementation of 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 or 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. In our analysis of these criteria, we have made a preliminary determination that the approval of the HCP and issuance of an ITP qualify for categorical exclusion under the National Environmental Policy Act (NEPA) (42 U.S.C. 4321 et seq.), as provided by the Department of the Interior implementing regulations in part 46 of title 43 of the Code of Federal Regulations (43 CFR 46.205, 46.210, and 46.215). However, based upon our review of public comments that we receive in response to this notice, this preliminary determination may be revised. Next Steps We will evaluate the permit application, including the plan and comments we receive, to determine whether the application 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 Section 7 consultation. Public Review We provide this notice under section 10(c) of the Act and the National Environmental Policy Act of 1969, as amended (NEPA), NEPA's public involvement regulations (40 CFR 1500.1(b), 1500.2(d), and 1506.6). We are requesting comments on our determination that the applicants' proposal will have a minor or neglible effect on the Mount Hermon June beetle and that the plan qualifies as a low-effect HCP as defined by our 1996 Habitat Conservation Planning Handbook. We will evaluate the permit application, including the plan and [[Page 19618]] comments, we receive, to determine whether the application meets the requirements of section 10(a)(1)(B) of the Act. We will use the results of our internal Service consultation, in combination with the above findings, in our final analysis to determine whether to issue the permits. If the requirements are met, we will issue an ITP to the applicant for the incidental take of Mount Hermon June beetle. We will make the final permit decision no sooner than 30 days after the date of this notice. Public Comments If you wish to comment on the permit applications, plans, and associated documents, you may submit comments by any one of the methods 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 of the Act (16 U.S.C. 1531 et seq.) and NEPA regulations (40 CFR 1506.6). Dated: March 29, 2016. Stephen P. Henry, Field Supervisor, Ventura Fish and Wildlife Office, Ventura, California. [FR Doc. 2016-07795 Filed 4-4-16; 8:45 am] BILLING CODE 4310-55-P
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Location and Chief executive officer Community map Online location of letter of Effective date of Community
State and county case No. of community repository map revision modification No.
Hays ............... City of San The Honorable Daniel Engineering Department, http://www.msc.fema.gov/lomc. May 18, 2016 ..... 485505
Marcos, (15– Guerrero, Mayor, City 630 East Hopkins
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Kaufman ......... City of Terrell, The Honorable Hal Rich- City Hall, 201 East Nash http://www.msc.fema.gov/lomc. May 16, 2016 ..... 480416
(15–06–2731P). ards, Mayor, City of Street, Terrell, TX
Terrell, 201 East Nash 75160.
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Tarrant ........... City of Fort The Honorable Betsy City Hall, 1000 http://www.msc.fema.gov/lomc. May 31, 2016 ..... 480596
Worth, (15– Price, Mayor, City of Throckmorton Street,
06–0830P). Fort Worth, 1000 Fort Worth, TX 76102.
Throckmorton Street,
Fort Worth, TX 76102.
Virginia:
Mecklenburg .. Unincorporated The Honorable Glenn E. Mecklenburg County Zon- http://www.msc.fema.gov/lomc. May 26, 2016 ..... 510189
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ty, (15–03– Board of Supervisors, 23917.
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Wyoming:
Teton .............. Unincorporated The Honorable Barbara Teton County Engineering http://www.msc.fema.gov/lomc. May 26, 2016 ..... 560094
areas of Teton Allen, Chair, Teton Department, 320 South
County, (16– County Board of Com- King Street, Jackson,
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[FR Doc. 2016–07791 Filed 4–4–16; 8:45 am] package, which includes the Low-Effect to occur incidental to the construction
BILLING CODE 9110–12–P Habitat Conservation Plan for The of 20 new townhomes, garages, and
Terrace of Scotts Valley. associated landscaping and
DATES: To ensure consideration, please infrastructure at two existing legal
DEPARTMENT OF THE INTERIOR send your written comments by May 5, parcels in Scotts Valley, Santa Cruz
2016. County, California. The applicant would
Fish and Wildlife Service ADDRESSES: You may download a copy implement a conservation program to
[FWS–R8–ES–2016–N066; of the Habitat Conservation Plan, draft minimize and mitigate project activities
FXES11120800000–156–FF08EVEN00] Environmental Action Statement and that are likely to result in take of the
Low-Effect Screening Form, and related Mount Hermon June beetle as described
Low-Effect Habitat Conservation Plan documents on the Internet at http:// in the plan. We invite comments from
for The Terrace of Scotts Valley in the www.fws.gov/ventura/, or you may the public on the application package,
City of Scotts Valley, Santa Cruz request copies of the documents by U.S. which includes the Low-Effect Habitat
County, California mail to our Ventura office or by phone Conservation Plan for The Terrace of
(see FOR FURTHER INFORMATION CONTACT). Scotts Valley. This proposed action has
AGENCY: Fish and Wildlife Service, Please address written comments to been determined to be eligible for a
Interior. Stephen P. Henry, Field Supervisor, Categorical Exclusion under the
ACTION: Notice of availability; request Ventura Fish and Wildlife Office, U.S. National Environmental Policy Act of
for comment. Fish and Wildlife Service, 2493 Portola 1969, as amended.
SUMMARY: We, the U.S. Fish and Road, Suite B, Ventura, CA 93003. You
may alternatively send comments by Background
Wildlife Service, have received an
application from Mr. Chris Perri of facsimile to (805) 644–3958. The U.S. Fish and Wildlife Service
Apple Homes Development for a 5-year FOR FURTHER INFORMATION CONTACT: (Service) listed the Mount Hermon June
incidental take permit under the Chad Mitcham, Fish and Wildlife beetle as endangered on January 24,
Endangered Species Act of 1973, as Biologist, by U.S. mail to the Ventura 1997 (62 FR 3616). Section 9 of the Act
amended (Act). The application office, or by telephone at (831) 768– (16 U.S.C. 1531 et seq.) and its
addresses the potential for ‘‘take’’ of the 7794. implementing regulations prohibit the
asabaliauskas on DSK3SPTVN1PROD with NOTICES
federally endangered Mount Hermon SUPPLEMENTARY INFORMATION: We have take of fish or wildlife species listed as
June beetle likely to occur incidental to received an application from Mr. Chris endangered or threatened. ‘‘Take’’ is
the construction of 20 new townhomes, Perri for a 5-year incidental take permit defined under the Act to include the
garages, and associated landscaping and under the Endangered Species Act of following activities: ‘‘to harass, harm,
infrastructure at two existing legal 1973, as amended. The application pursue, hunt, shoot, wound, kill, trap,
parcels in Scotts Valley, Santa Cruz addresses the potential for ‘‘take’’ of the capture, or collect, or to attempt to
County, California. We invite comments federally endangered Mount Hermon engage in any such conduct’’ (16 U.S.C.
from the public on the application June beetle (Polyphylla barbata) likely 1532); however, under section
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![19618 Federal Register / Vol. 81, No. 65 / Tuesday, April 5, 2016 / Notices
comments, we receive, to determine issued to itself on May 26, 2009, FOR FURTHER INFORMATION CONTACT:
whether the application meets the pursuant to the Endangered Species Act Kathy Roberts, U.S. Fish and Wildlife
requirements of section 10(a)(1)(B) of of 1973, as amended (ESA). The EOS Service (see ADDRESSES), telephone:
the Act. We will use the results of our permit is associated with a 503–231–6179, facsimile: 503–231–
internal Service consultation, in programmatic Safe Harbor Agreement 6195. If you use a telecommunications
combination with the above findings, in (SHA) developed for the conservation of device for the deaf, please call the
our final analysis to determine whether the federally-listed endangered Fender’s Federal Information Relay Service at
to issue the permits. If the requirements blue butterfly within the Willamette 800–877–8339.
are met, we will issue an ITP to the Valley in Oregon. The proposed SUPPLEMENTARY INFORMATION:
applicant for the incidental take of amendment would extend the term of
Background
Mount Hermon June beetle. We will the SHA and the permit for an
make the final permit decision no additional 11 years. The amendment On May 26, 2009, the Service issued
sooner than 30 days after the date of this includes adding Washington County, an EOS permit to the Service’s Oregon
notice. Oregon, to the geographical area covered Fish and Wildlife Office (OFWO)
by the SHA and the permit. The pursuant to section 10(a)(1)(A) of the
Public Comments ESA. The EOS permit is associated with
amended permit would continue to
If you wish to comment on the permit authorize the Service to extend a programmatic SHA developed for the
applications, plans, and associated incidental take coverage to eligible conservation of the federally-listed
documents, you may submit comments landowners who are willing to carry out endangered Fender’s blue butterfly
by any one of the methods in habitat management actions that benefit (Icaricia icarioides fenderi) within the
ADDRESSES. the Fender’s blue butterfly by enrolling Willamette Valley in Oregon. The SHA
landowners under the SHA through is administered and implemented by the
Public Availability of Comments OFWO and the Service’s Willamette
Certificates of Inclusion. We request
Before including your address, phone comments from the public on the Valley National Wildlife Refuge
number, email address, or other proposed amendment of the EOS permit Complex (WV Refuge Complex). The
personal identifying information in your and the SHA, and a draft environmental OFWO serves as the ‘‘permittee.’’ The
comment, you should be aware that action statement (EAS) prepared WV Refuge Complex is a signatory to
your entire comment—including your pursuant to the requirements of the the SHA and works jointly with the
personal identifying information—may National Environmental Policy Act OFWO on all aspects of the SHA. The
be made publicly available at any time. (NEPA). OFWO may enroll eligible interested
While you can ask us in your comment non-Federal landowners (cooperators)
to withhold your personal identifying DATES: Written comments on the permit through Certificates of Inclusion under
information from public view, we amendment, SHA amendment, and the the SHA. The WV Refuge Complex can
cannot guarantee that we will be able to EAS for the NEPA categorical exclusion also develop and administer Certificates
do so. determination must be received from of Inclusion where they are involved in
interested parties no later than May 5, activities on the cooperator’s enrolled
Authority 2016. lands as a project partner.
We provide this notice under section ADDRESSES: To request further The geographic area covered by the
10 of the Act (16 U.S.C. 1531 et seq.) information or submit written current SHA and permit includes the
and NEPA regulations (40 CFR 1506.6). comments, please use one of the originally known and potential range of
Dated: March 29, 2016. following methods, and note that your the Fender’s blue butterfly, which
Stephen P. Henry,
information request or comments are in includes prairie habitat within Benton,
reference to the Service Agreement Lane, Linn, Marion, Polk, and Yamhill
Field Supervisor, Ventura Fish and Wildlife
Office, Ventura, California.
Amendment. counties of Oregon. Properties that are
• Internet: Documents may be viewed eligible for enrollment are non-Federal
[FR Doc. 2016–07795 Filed 4–4–16; 8:45 am]
on the Internet at http://www.fws.gov/ lands where the Fender’s blue butterfly
BILLING CODE 4310–55–P
oregonfwo/articles.cfm?id=149489462. occurs or could occur through
• Email: WVAmendmentcomments@ colonization, translocation, or
fws.gov. Include ‘‘Willamette Valley reintroduction. Activities under the
DEPARTMENT OF THE INTERIOR SHA Amendment’’ in the subject line of SHA may also benefit the federally-
Fish and Wildlife Service the message or comments. listed threatened Kincaid’s lupine
• U.S. Mail: State Supervisor, Oregon (Lupinus sulphureus ssp. kincaidii),
[FWS–R1–ES–2016–N043; Fish and Wildlife Office; U.S. Fish and which is a larval host plant for Fender’s
FXES11120100000–167–FF01E00000] Wildlife Service; 2600 SE 98th Avenue, blue butterfly. However, Kincaid’s
Suite 100; Portland, OR 97266. lupine is not included as a ‘‘covered
Proposed Amendment to the • Fax: 503–231–6195, Attn:
Willamette Valley Native Prairie Habitat species.’’
Willamette Valley SHA Amendment. The current term of the SHA is 15
Programmatic Safe Harbor Agreement • In-Person Viewing, Pickup or Drop- years and expires on May 25, 2024. The
for the Fender’s Blue Butterfly in off: Comments and materials received current term of the permit is 25 years
Benton, Lane, Linn, Marion, Polk, and will be available for public inspection, and expires on May 25, 2034. Since the
Yamhill Counties, Oregon by appointment, during normal business
asabaliauskas on DSK3SPTVN1PROD with NOTICES
permit was issued on May 26, 2009, the
AGENCY: Fish and Wildlife Service, hours at the Oregon Fish and Wildlife Service has enrolled a number of
Interior. Office, U.S. Fish and Wildlife Service, eligible landowners under Certificates of
ACTION: Notice of availability; request 2600 SE 98th Avenue, Suite 100, Inclusion for an average period of 10
for comment. Portland, OR 97266. Written comments years each.
can be dropped off during regular
SUMMARY: The U.S. Fish and Wildlife business hours at the above address on Proposed Amendment
Service (Service) proposes to amend an or before the closing date of the public In order to continue issuing new 10-
enhancement of survival (EOS) permit comment period (see DATES). year Certificates of Inclusion, the
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Document Created: 2018-02-07 13:53:34
Document Modified: 2018-02-07 13:53:34
| 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 May 5, 2016. | |
| Contact | Chad Mitcham, Fish and Wildlife Biologist, by U.S. mail to the Ventura office, or by telephone at (831) 768-7794. | |
| FR Citation | 81 FR 19616 |
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