81_FR_40070 81 FR 39952 - Proposed Low-Effect Habitat Conservation Plan for the Valley Elderberry Longhorn Beetle and Giant Garter Snake; South River Pump Station, Yolo County, California

81 FR 39952 - Proposed Low-Effect Habitat Conservation Plan for the Valley Elderberry Longhorn Beetle and Giant Garter Snake; South River Pump Station, Yolo County, California

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 81, Issue 118 (June 20, 2016)

Page Range39952-39954
FR Document2016-14567

We, the U.S. Fish and Wildlife Service (Service), have received an application from the Sacramento Regional County Sanitation District (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 valley elderberry longhorn beetle and giant garter snake, likely to result from the construction of a new flood protection levee and raised all- weather access road around the existing South River Pump Station. 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 application package, which includes the 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 81 Issue 118 (Monday, June 20, 2016)
[Federal Register Volume 81, Number 118 (Monday, June 20, 2016)]
[Notices]
[Pages 39952-39954]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-14567]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2016-N091; FXES11120808BYD-167-FF08FBDTOO]


Proposed Low-Effect Habitat Conservation Plan for the Valley 
Elderberry Longhorn Beetle and Giant Garter Snake; South River Pump 
Station, Yolo County, California

AGENCY: Fish and Wildlife Service, Interior.

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

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

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have 
received an application from the Sacramento Regional County Sanitation 
District (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 valley 
elderberry longhorn beetle and giant garter snake, likely to result 
from the construction of a new flood protection levee and raised all-
weather access road around the existing South River Pump Station. 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 
application package, which includes the 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 20, 2016.

ADDRESSES: 
    Submitting Comments: Please address written comments to Lori Rinek, 
Section 10 Coordinator, U.S. Fish and Wildlife Service, Bay-Delta Fish 
and Wildlife Office, 650 Capitol Mall, Suite 8-300, Sacramento, CA 
95814. Alternatively, you may send comments by facsimile to (916) 930-
5654.
    Reviewing Documents: You may obtain copies of the HCP and EAS from 
the individuals in FOR FURTHER INFORMATION CONTACT, or from the Bay-
Delta Fish and Wildlife Office Web site at http://www.fws.gov/sfbaydelta. Copies of these documents are also available for public 
inspection, by appointment, during regular business hours, at the Bay-
Delta Fish and Wildlife Office.

FOR FURTHER INFORMATION CONTACT: Lori Rinek, at the address shown above 
or at (916) 930-5603.

SUPPLEMENTARY INFORMATION: 

Introduction

    We have received an application from the Sacramento Regional County 
Sanitation District (applicant) for a 5-year incidental take permit 
under the

[[Page 39953]]

endangered Species Act of 1973, as amended (Act). The application 
addresses the potential for ``take'' of two listed animals, the valley 
elderberry longhorn beetle and giant garter snake, likely to result 
from the construction of a new flood protection levee and raised all-
weather access road around the existing South River Pump Station. Below 
we refer to both species, collectively, as 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 habitat conservation plan (HCP). We request comments on the 
application package, which includes the 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.

Background Information

    Section 9 of the Act (16 U.S.C. 1531-1544 et seq.) and our 
regulations in the Code of 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 the 136.4-
acre South River Pump Station site, located at 30030 South River Road, 
in Sacramento County, California. The federally threatened valley 
elderberry longhorn beetle (Desmocerus californicus dimorphus) (VELB) 
and the federally threatened giant garter snake (Thamnophis gigas) 
(GGS) 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

    Construction of a new flood protection levee and raised all-weather 
access road will result in the permanent removal of 23 elderberry 
shrubs, considered potential habitat for the VELB, and temporary 
impacts to 10.775 acres of riparian scrub, ruderal, annual grassland, 
agricultural crop, and urban vegetation communities considered upland 
habitat for GGS. The following actions are proposed as the ``covered 
activities'' under the HCP: Site preparation; tree removal; 
transplanting elderberry shrubs, embankment degrade; excavation of 
inspection trench and borrow material; construction of the levee; 
construction and removal of temporary access road (if needed); 
construction of access roads, maintenance roads, and a permanent access 
road for the borrow site; and site restoration. The applicant seeks a 
5-year permit to cover the activities associated with this proposed 
construction within the 136.4-acre project site.

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 applicant will satisfy the mitigation 
requirements by purchasing 55 VELB credits from a USFWS-approved 
conservation bank and transplanting the removed elderberry shrubs to 
the conservation bank, and by restoring temporarily impacted upland GGS 
habitat to pre-project conditions within the same calendar year (Option 
1). If final restoration of a portion of the temporarily impacted 
upland GGS habitat occurs the calendar year following the initial 
impact, then the applicant will satisfy additional mitigation 
requirements by dedicating 0.780 acre of created GGS habitat at the 
South Stone Lake Giant Garter Snake Mitigation Preserve or through the 
purchase of mitigation credits from a USFWS-approved conservation/
mitigation bank (Option 2). To minimize effects to VELB, the applicant 
is proposing to implement the avoidance and minimization measures 
outlined in the Formal Programmatic Consultation for Projects with 
Relatively Small Effects on the VELB (USFWS 1996a) and the Conservation 
Guidelines for the VELB (USFWS 1999a). To minimize effects to GGS, the 
applicant is proposing to implement the avoidance, minimization, and 
conservation measures as specified in Appendix C of the Programmatic 
Formal Consultation for U.S. Army Corps of Engineers 404 Permitted 
Projects with Relatively Small Effects on the Giant Garter Snake within 
Butte, Colusa, Glenn, Fresno, Merced, Sacramento, San Joaquin, Solano, 
Stanislaus, Sutter and Yolo Counties, California (USFWS 1997).

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 West Borrow Site Alternative.
No Action Alternative
    Under the No-Action Alternative, we would not issue an incidental 
take permit, the applicant would not build the flood protection levee 
and access road, the elderberry shrubs and upland GGS 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 should a

[[Page 39954]]

significant flood event occur along the Sacramento River, sewer service 
could be impacted for thousands of customers in the communities that 
Sacramento Regional County Sanitation District serves. For this reason, 
the No-Action Alternative has been rejected.
West Borrow Site Alternative
    Under the West Borrow Site Alternative, the borrow material 
necessary to construct the flood protection levee would be procured 
from an agricultural field located to the west of the project site, and 
an alternative haul road would need to be constructed. The West Borrow 
Site Alternative would impact the same number of elderberry shrubs and 
acreage of GGS upland habitat as the Proposed Action Alternative. In 
addition to those impacts, there would be 0.422 acre of GGS aquatic 
habitat impacts associated with construction of the alternative haul 
road, as well as an additional 19.58 acres of GGS upland habitat 
impacts. For this reason, the West Borrow Site Alternative has been 
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 removal of 23 elderberry shrubs, considered 
potential habitat for the VELB and temporary impacts to 10.775 acres of 
upland habitat for GGS. To mitigate for these effects, the applicant 
proposes to purchase 55 VELB credits from a USFWS-approved conservation 
bank and transplant the removed elderberry shrubs to the conservation 
bank, and restore temporarily impacted upland GGS habitat to pre-
project conditions within the same calendar year (Option 1). If final 
restoration of a portion of the temporarily impacted upland GGS habitat 
occurs the calendar year following the initial impact, then the 
applicant will satisfy additional mitigation requirements, in addition 
to what is proposed in Option 1, by dedicating 0.780 acre of created 
GGS habitat at the South Stone Lake Giant Garter Snake Mitigation 
Preserve or through the purchase of mitigation credits from a USFWS-
approved conservation/mitigation bank (Option 2).

National Environmental Policy Act

    We made a preliminary determination that the applicants' project, 
including the mitigation measures, will individually and cumulatively 
have a minor or negligible effect on the species covered in the HCP. 
Therefore, issuance of the ITP is a ``low-effect'' action and qualifies 
as a categorical exclusion under the National Environmental Policy Act 
(NEPA) (40 CFR 1506.6), as provided by the Department of the Interior 
Manual (516 DM 2 Appendix 1 and 516 DM 6 Appendix 1).
    Determination of whether a habitat conservation plan qualifies as a 
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 HCP would result in minor or 
negligible effects on other environmental values or resources; and (3) 
impacts of the HCP, considered together with the 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) Our preliminary determination that the applicant's proposal 
will have a minor or negligible effect on the valley elderberry 
longhorn beetle and giant garter snake and the HCP qualifies as a low-
effect HCP.
    (2) Biological information concerning the species;
    (3) Relevant data concerning the species;
    (4) Additional information concerning the range, distribution, 
population size, and population trends of the species;
    (5) Current or planned activities in the subject area and their 
possible impacts on the species; and
    (6) Identification of any other environmental issues that should be 
considered with regard to the proposed 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. We will also evaluate whether 
issuance of the incidental take permit 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. If the requirements are met, we will 
issue a permit to the applicant for the incidental take of the valley 
elderberry longhorn beetle and giant garter snake from the 
implementation of the covered activities described in the low-effect 
Habitat Conservation Plan for the valley elderberry longhorn beetle and 
giant garter snake, South River Pump Station, Sacramento, 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. 4321-4347 et seq.; NEPA), 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. 1531-1544 et seq.; Act).

Kaylee Allen,
Field Supervisor, Bay-Delta Fish and Wildlife Office, Sacramento, 
California.
[FR Doc. 2016-14567 Filed 6-17-16; 8:45 am]
BILLING CODE 4333-15-P



                                                    39952                          Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Notices

                                                    clapper r.) (Rallus obsoletus obsoletus)                Permit No. TE–036550                                   ACTION: Notice of availability; receipt of
                                                    (R. longirostris o.) in conjunction with                                                                       permit application; proposed low-effect
                                                                                                            Applicant: Nina Jimerson-Kidd,
                                                    survey activities in Marin, Sonoma,                                                                            habitat conservation plan; request for
                                                                                                            Murrieta, California
                                                    Napa, Solano, Contra Costa, Alameda,                                                                           comment.
                                                    Santa Clara, San Mateo, and San                           The applicant requests a permit
                                                    Francisco Counties, California, for the                 renewal to take (survey by pursuit) the                SUMMARY:     We, the U.S. Fish and
                                                    purpose of enhancing the species’                       Quino checkerspot butterfly                            Wildlife Service (Service), have received
                                                    survival.                                               (Euphydryas editha quino) in                           an application from the Sacramento
                                                                                                            conjunction with survey activities                     Regional County Sanitation District
                                                    Permit No. TE–174305                                    throughout the range of the species in                 (applicant) for a 5-year incidental take
                                                    Applicant: Vandenberg Air Force Base,                   California for the purpose of enhancing                permit under the endangered Species
                                                    Vandenberg AFB, California                              the species’ survival.                                 Act of 1973, as amended (Act). The
                                                                                                                                                                   application addresses the potential for
                                                      The applicant requests a permit                       Permit No. TE–157199                                   ‘‘take’’ of two listed animals, the valley
                                                    renewal to take (harass by survey, and                                                                         elderberry longhorn beetle and giant
                                                                                                            Applicant: Julie Stout, San Diego,
                                                    locate and monitor nests) the California                                                                       garter snake, likely to result from the
                                                                                                            California
                                                    least tern (Sternula antillarum browni)                                                                        construction of a new flood protection
                                                    (Sterna a. browni); take (harass by                       The applicant requests a permit                      levee and raised all-weather access road
                                                    survey, locate and monitor nests, and                   renewal to take (harass by survey, and                 around the existing South River Pump
                                                    remove brown-headed cowbird                             locate and monitor nests) the California               Station. The applicant would
                                                    (Molothrus ater) eggs and chicks from                   least tern (Sternula antillarum browni)                implement a conservation program to
                                                    parasitized nests) the southwestern                     (Sterna a. browni) in conjunction with                 minimize and mitigate the project
                                                    willow flycatcher (Empidonax traillii                   survey activities throughout the range of              activities, as described in the applicant’s
                                                    extimus) in Santa Barbara County,                       the species in California for the purpose              low-effect habitat conservation plan
                                                    California; and remove/reduce to                        of enhancing the species’ survival.                    (HCP). We request comments on the
                                                    possession Nasturtium gambelii                                                                                 application package, which includes the
                                                                                                            Public Comments
                                                    (Rorippa g.) (Gambel’s watercress),                                                                            HCP and our preliminary determination
                                                    Deinandra increscens subsp. villosa                        We invite public review and comment                 that the HCP qualifies as a ‘‘low-effect’’
                                                    (Gaviota tarplant), Layia carnosa (beach                on each of these recovery permit                       HCP, eligible for a categorical exclusion
                                                    layia), Eriodictyon capitatum (Lompoc                   applications. Comments and materials                   under the National Environmental
                                                    yerba santa), Cirsium loncholepis (La                   we receive will be available for public                Policy Act of 1969, as amended (NEPA).
                                                    Graciosa thistle), and Diplacus                         inspection, by appointment, during                     We discuss our basis for this
                                                    vandenbergensis (Vandenberg                             normal business hours at the address                   determination in our environmental
                                                    monkeyflower) from Federal lands in                     listed in the ADDRESSES section of this                action statement (EAS), also available
                                                    Santa Barbara County, California, in                    notice.                                                for public review.
                                                    conjunction with survey and research                       Before including your address, phone
                                                                                                                                                                   DATES: To ensure consideration, please
                                                    activity for the purpose of enhancing the               number, email address, or other
                                                                                                            personal identifying information in your               send your written comments by July 20,
                                                    species’ survival.
                                                                                                            comment, you should be aware that                      2016.
                                                    Permit No. TE–789255                                    your entire comment—including your                     ADDRESSES:
                                                    Applicant: Robert Patton, San Diego,                    personal identifying information—may                      Submitting Comments: Please address
                                                    California                                              be made publicly available at any time.                written comments to Lori Rinek, Section
                                                                                                            While you can ask us in your comment                   10 Coordinator, U.S. Fish and Wildlife
                                                      The applicant requests a permit                                                                              Service, Bay-Delta Fish and Wildlife
                                                                                                            to withhold your personal identifying
                                                    renewal to take (harass by survey, locate                                                                      Office, 650 Capitol Mall, Suite 8–300,
                                                                                                            information from public review, we
                                                    and monitor nests, handle/mark eggs,                                                                           Sacramento, CA 95814. Alternatively,
                                                                                                            cannot guarantee that we will be able to
                                                    capture, band, and release) the                                                                                you may send comments by facsimile to
                                                                                                            do so.
                                                    California least tern (Sternula                                                                                (916) 930–5654.
                                                    antillarum browni) (Sterna a. browni) in                Angela Picco,                                             Reviewing Documents: You may
                                                    conjunction with survey and population                  Acting Regional Director, Pacific Southwest            obtain copies of the HCP and EAS from
                                                    monitoring activities in San Diego                      Region, Sacramento, California.                        the individuals in FOR FURTHER
                                                    County, California, for the purpose of                  [FR Doc. 2016–14424 Filed 6–17–16; 8:45 am]            INFORMATION CONTACT, or from the Bay-
                                                    enhancing the species’ survival.                        BILLING CODE 4333–15–P                                 Delta Fish and Wildlife Office Web site
                                                    Permit No. TE–118356                                                                                           at http://www.fws.gov/sfbaydelta.
                                                                                                                                                                   Copies of these documents are also
                                                    Applicant: Olofson Environmental, Inc.,                 DEPARTMENT OF THE INTERIOR                             available for public inspection, by
                                                    Oakland, California                                                                                            appointment, during regular business
                                                                                                            Fish and Wildlife Service                              hours, at the Bay-Delta Fish and
                                                      The applicant requests a permit
                                                    renewal to take (harass by survey using                                                                        Wildlife Office.
                                                    taped vocalization callback) the                        [FWS–R8–ES–2016–N091;                                  FOR FURTHER INFORMATION CONTACT: Lori
                                                                                                            FXES11120808BYD–167–FF08FBDTOO]                        Rinek, at the address shown above or at
                                                    California Ridgway’s rail (California
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    clapper r.) (Rallus obsoletus obsoletus)                Proposed Low-Effect Habitat                            (916) 930–5603.
                                                    (R. longirostris o.) in conjunction with                Conservation Plan for the Valley                       SUPPLEMENTARY INFORMATION:
                                                    survey activities in Marin, Sonoma,                     Elderberry Longhorn Beetle and Giant
                                                    Napa, Solano, Contra Costa, Alameda,                                                                           Introduction
                                                                                                            Garter Snake; South River Pump
                                                    Santa Clara, San Mateo, and San                         Station, Yolo County, California                         We have received an application from
                                                    Francisco Counties, California, for the                                                                        the Sacramento Regional County
                                                    purpose of enhancing the species’                       AGENCY:     Fish and Wildlife Service,                 Sanitation District (applicant) for a 5-
                                                    survival.                                               Interior.                                              year incidental take permit under the


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                                                                                   Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Notices                                               39953

                                                    endangered Species Act of 1973, as                        (1) The taking will be incidental;                   covered activities by fully implementing
                                                    amended (Act). The application                            (2) The applicants will, to the                      the HCP. The applicant will satisfy the
                                                    addresses the potential for ‘‘take’’ of two             maximum extent practicable, minimize                   mitigation requirements by purchasing
                                                    listed animals, the valley elderberry                   and mitigate the impact of such taking;                55 VELB credits from a USFWS-
                                                    longhorn beetle and giant garter snake,                   (3) The applicants will develop a                    approved conservation bank and
                                                    likely to result from the construction of               proposed HCP and ensure that adequate                  transplanting the removed elderberry
                                                    a new flood protection levee and raised                 funding for the HCP will be provided;                  shrubs to the conservation bank, and by
                                                    all-weather access road around the                        (4) The taking will not appreciably                  restoring temporarily impacted upland
                                                    existing South River Pump Station.                      reduce the likelihood of the survival                  GGS habitat to pre-project conditions
                                                    Below we refer to both species,                         and recovery of the species in the wild;               within the same calendar year (Option
                                                    collectively, as the covered species. The               and                                                    1). If final restoration of a portion of the
                                                    applicant would implement a                               (5) The applicants will carry out any                temporarily impacted upland GGS
                                                    conservation program to minimize and                    other measures that the Service may                    habitat occurs the calendar year
                                                    mitigate the project activities, as                     require as being necessary or                          following the initial impact, then the
                                                    described in the applicant’s low-effect                 appropriate for the purposes of the HCP.               applicant will satisfy additional
                                                    habitat conservation plan (HCP). We                     Proposed Project                                       mitigation requirements by dedicating
                                                    request comments on the application                                                                            0.780 acre of created GGS habitat at the
                                                    package, which includes the HCP, and                       The draft HCP addresses potential                   South Stone Lake Giant Garter Snake
                                                    our preliminary determination that the                  effects to the covered species that may                Mitigation Preserve or through the
                                                    HCP qualifies as a ‘‘low-effect’’ HCP,                  result from the proposed activities. The               purchase of mitigation credits from a
                                                    eligible for a categorical exclusion under              applicant seeks incidental take                        USFWS-approved conservation/
                                                    the National Environmental Policy Act                   authorization for covered activities                   mitigation bank (Option 2). To minimize
                                                    of 1969, as amended (NEPA). We                          within the 136.4-acre South River Pump                 effects to VELB, the applicant is
                                                    discuss our basis for this determination                Station site, located at 30030 South                   proposing to implement the avoidance
                                                    in our environmental action statement                   River Road, in Sacramento County,                      and minimization measures outlined in
                                                    (EAS), also available for public review.                California. The federally threatened                   the Formal Programmatic Consultation
                                                                                                            valley elderberry longhorn beetle                      for Projects with Relatively Small Effects
                                                    Background Information                                  (Desmocerus californicus dimorphus)                    on the VELB (USFWS 1996a) and the
                                                       Section 9 of the Act (16 U.S.C. 1531–                (VELB) and the federally threatened                    Conservation Guidelines for the VELB
                                                    1544 et seq.) and our regulations in the                giant garter snake (Thamnophis gigas)                  (USFWS 1999a). To minimize effects to
                                                    Code of Federal Regulations (50 CFR 17)                 (GGS) are the covered species in the                   GGS, the applicant is proposing to
                                                    prohibit the taking of fish and wildlife                applicant’s proposed HCP.                              implement the avoidance,
                                                    species listed as endangered or                            The applicant would seek incidental                 minimization, and conservation
                                                    threatened under section 4 of the Act.                  take authorization for these two covered               measures as specified in Appendix C of
                                                    Take of federally listed fish or wildlife               species and would receive assurances                   the Programmatic Formal Consultation
                                                    is defined under the Act as to harass,                  under our ‘‘No Surprises’’ regulations                 for U.S. Army Corps of Engineers 404
                                                    harm, pursue, hunt, shoot, wound, kill,                 (50 CFR 17.22(b)(5) and 17.32(b)(5)).                  Permitted Projects with Relatively Small
                                                    trap, capture, or collect listed species, or                                                                   Effects on the Giant Garter Snake within
                                                    attempt to engage in such conduct. The                  Proposed Covered Activities
                                                                                                                                                                   Butte, Colusa, Glenn, Fresno, Merced,
                                                    term ‘‘harass’’ is defined in the                         Construction of a new flood                          Sacramento, San Joaquin, Solano,
                                                    regulations as to carry out actions that                protection levee and raised all-weather                Stanislaus, Sutter and Yolo Counties,
                                                    create the likelihood of injury to listed               access road will result in the permanent               California (USFWS 1997).
                                                    species to such an extent as to                         removal of 23 elderberry shrubs,
                                                    significantly disrupt normal behavioral                 considered potential habitat for the                   Proposed Action and Alternatives
                                                    patterns, which include, but are not                    VELB, and temporary impacts to 10.775                     Our proposed action (see below) is
                                                    limited to, breeding, feeding, or                       acres of riparian scrub, ruderal, annual               approving the applicant’s HCP and
                                                    sheltering (50 CFR 17.3). The term                      grassland, agricultural crop, and urban                issuance of an incidental take permit for
                                                    ‘‘harm’’ is defined in the regulations as               vegetation communities considered                      take resulting from implementation of
                                                    significant habitat modification or                     upland habitat for GGS. The following                  the covered activities. As required by
                                                    degradation that results in death or                    actions are proposed as the ‘‘covered                  the Act, the applicant’s HCP considers
                                                    injury of listed species by significantly               activities’’ under the HCP: Site                       alternatives to the take under the
                                                    impairing essential behavioral patterns,                preparation; tree removal; transplanting               proposed action. The HCP considers the
                                                    including breeding, feeding, or                         elderberry shrubs, embankment                          environmental consequences of two
                                                    sheltering (50 CFR 17.3). However,                      degrade; excavation of inspection trench               alternatives to the proposed action: (1)
                                                    under specified circumstances, the                      and borrow material; construction of the               The No Action Alternative; and (2) the
                                                    Service may issue permits that allow the                levee; construction and removal of                     West Borrow Site Alternative.
                                                    take of federally listed species, provided              temporary access road (if needed);
                                                    that the take that occurs is incidental to,                                                                    No Action Alternative
                                                                                                            construction of access roads,
                                                    but not the purpose of, an otherwise                    maintenance roads, and a permanent                       Under the No-Action Alternative, we
                                                    lawful activity.                                        access road for the borrow site; and site              would not issue an incidental take
                                                       Regulations governing permits for                                                                           permit, the applicant would not build
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                            restoration. The applicant seeks a 5-year
                                                    endangered and threatened species are                   permit to cover the activities associated              the flood protection levee and access
                                                    at 50 CFR 17.22 and 17.32, respectively.                with this proposed construction within                 road, the elderberry shrubs and upland
                                                    Section 10(a)(1)(B) of the Act contains                 the 136.4-acre project site.                           GGS habitat would not be disturbed,
                                                    provisions for issuing such incidental                                                                         and the applicant would not implement
                                                    take permits to non-Federal entities for                Proposed Mitigation Measures                           proposed mitigation measures. While
                                                    the take of endangered and threatened                     The applicant proposes to avoid,                     this No-Action Alternative would avoid
                                                    species, provided the following criteria                minimize, and mitigate the effects to the              take of the covered species, it is
                                                    are met:                                                covered species associated with the                    considered infeasible because should a


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                                                    39954                          Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Notices

                                                    significant flood event occur along the                 the mitigation measures, will                          materials we receive, as well as
                                                    Sacramento River, sewer service could                   individually and cumulatively have a                   supporting documentation we used in
                                                    be impacted for thousands of customers                  minor or negligible effect on the species              preparing the EAS, will be available for
                                                    in the communities that Sacramento                      covered in the HCP. Therefore, issuance                public inspection by appointment,
                                                    Regional County Sanitation District                     of the ITP is a ‘‘low-effect’’ action and              during normal business hours, at our
                                                    serves. For this reason, the No-Action                  qualifies as a categorical exclusion                   office (see FOR FURTHER INFORMATION
                                                    Alternative has been rejected.                          under the National Environmental                       CONTACT).
                                                                                                            Policy Act (NEPA) (40 CFR 1506.6), as
                                                    West Borrow Site Alternative                                                                                   Public Availability of Comments
                                                                                                            provided by the Department of the
                                                       Under the West Borrow Site                           Interior Manual (516 DM 2 Appendix 1
                                                    Alternative, the borrow material                        and 516 DM 6 Appendix 1).                                Before including your address, phone
                                                    necessary to construct the flood                           Determination of whether a habitat                  number, or other personal identifying
                                                    protection levee would be procured                      conservation plan qualifies as a low                   information in your comment, you
                                                    from an agricultural field located to the               effect is based on the following three                 should be aware that your entire
                                                    west of the project site, and an                        criteria: (1) Implementation of the                    comment—including your personal
                                                    alternative haul road would need to be                  proposed HCP would result in minor or                  identifying information—might be made
                                                    constructed. The West Borrow Site                       negligible effects on federally listed,                publicly available at any time. While
                                                    Alternative would impact the same                       proposed, and candidate species and                    you can ask us in your comment to
                                                    number of elderberry shrubs and                         their habitats; (2) implementation of the              withhold your personal identifying
                                                    acreage of GGS upland habitat as the                    proposed HCP would result in minor or                  information from public review, we
                                                    Proposed Action Alternative. In                         negligible effects on other                            cannot guarantee that we will be able to
                                                    addition to those impacts, there would                  environmental values or resources; and                 do so.
                                                    be 0.422 acre of GGS aquatic habitat                    (3) impacts of the HCP, considered
                                                    impacts associated with construction of                 together with the other past, present,                 Next Steps
                                                    the alternative haul road, as well as an                and reasonably foreseeable projects,
                                                    additional 19.58 acres of GGS upland                    would not result, over time, in                          We will evaluate the permit
                                                    habitat impacts. For this reason, the                   cumulative effects to environmental                    application, including the HCP and
                                                    West Borrow Site Alternative has been                   values or resources that would be                      comments we receive, to determine
                                                    rejected.                                               considered significant. Based upon the                 whether the application meets the
                                                                                                            preliminary determinations in the EAS,                 requirements of section 10(a) of the Act.
                                                    Proposed Action                                                                                                We will also evaluate whether issuance
                                                                                                            we do not intend to prepare further
                                                       Under the Proposed Action                            NEPA documentation. We will consider                   of the incidental take permit would
                                                    Alternative, we would issue an                          public comments when making the final                  comply with section 7(a)(2) of the Act
                                                    incidental take permit for the                          determination on whether to prepare an                 by conducting an intra-Service
                                                    applicant’s proposed project, which                     additional NEPA document on the                        consultation pursuant to section 7(a)(2)
                                                    includes the activities described above.                proposed action.                                       of the Act. If the requirements are met,
                                                    The Proposed Action Alternative would                                                                          we will issue a permit to the applicant
                                                                                                            Public Comments
                                                    result in the permanent removal of 23                                                                          for the incidental take of the valley
                                                    elderberry shrubs, considered potential                   We request data, comments, new                       elderberry longhorn beetle and giant
                                                    habitat for the VELB and temporary                      information, or suggestions from the                   garter snake from the implementation of
                                                    impacts to 10.775 acres of upland                       public, other concerned governmental                   the covered activities described in the
                                                    habitat for GGS. To mitigate for these                  agencies, the scientific community,
                                                                                                                                                                   low-effect Habitat Conservation Plan for
                                                    effects, the applicant proposes to                      Tribes, industry, or any other interested
                                                                                                                                                                   the valley elderberry longhorn beetle
                                                    purchase 55 VELB credits from a                         party on this notice. We particularly
                                                                                                                                                                   and giant garter snake, South River
                                                    USFWS-approved conservation bank                        seek comments on the following:
                                                                                                              (1) Our preliminary determination                    Pump Station, Sacramento, California.
                                                    and transplant the removed elderberry
                                                                                                            that the applicant’s proposal will have                We will make the final permit decision
                                                    shrubs to the conservation bank, and
                                                    restore temporarily impacted upland                     a minor or negligible effect on the valley             no sooner than 30 days after publication
                                                    GGS habitat to pre-project conditions                   elderberry longhorn beetle and giant                   of this notice in the Federal Register.
                                                    within the same calendar year (Option                   garter snake and the HCP qualifies as a                Authority
                                                    1). If final restoration of a portion of the            low-effect HCP.
                                                    temporarily impacted upland GGS                           (2) Biological information concerning                   We publish this notice under the
                                                    habitat occurs the calendar year                        the species;                                           National Environmental Policy Act of
                                                    following the initial impact, then the                    (3) Relevant data concerning the                     1969, as amended (42 U.S.C. 4321–4347
                                                    applicant will satisfy additional                       species;                                               et seq.; NEPA), and its implementing
                                                    mitigation requirements, in addition to                   (4) Additional information concerning                regulations in the Code of Federal
                                                    what is proposed in Option 1, by                        the range, distribution, population size,              Regulations (CFR) at 40 CFR 1500–1508,
                                                    dedicating 0.780 acre of created GGS                    and population trends of the species;                  as well as in compliance with section
                                                    habitat at the South Stone Lake Giant                     (5) Current or planned activities in the             10(c) of the Endangered Species Act (16
                                                    Garter Snake Mitigation Preserve or                     subject area and their possible impacts
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                                                                                                                                                                   U.S.C. 1531–1544 et seq.; Act).
                                                    through the purchase of mitigation                      on the species; and
                                                    credits from a USFWS-approved                             (6) Identification of any other                      Kaylee Allen,
                                                    conservation/mitigation bank (Option                    environmental issues that should be                    Field Supervisor, Bay-Delta Fish and Wildlife
                                                    2).                                                     considered with regard to the proposed                 Office, Sacramento, California.
                                                                                                            project and permit action.                             [FR Doc. 2016–14567 Filed 6–17–16; 8:45 am]
                                                    National Environmental Policy Act                         You may submit your comments and                     BILLING CODE 4333–15–P
                                                      We made a preliminary determination                   materials by one of the methods listed
                                                    that the applicants’ project, including                 above in ADDRESSES. Comments and


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Document Created: 2016-06-18 00:09:00
Document Modified: 2016-06-18 00:09:00
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 low-effect habitat conservation plan; request for comment.
DatesTo ensure consideration, please send your written comments by July 20, 2016.
FR Citation81 FR 39952 

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