81 FR 61241 - Low-Effect Habitat Conservation Plan for the Mount Hermon June Beetle, Santa Cruz County, California

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 81, Issue 172 (September 6, 2016)

We, the U.S. Fish and Wildlife Service, have received an application from the County of Santa Cruz for an 11-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 a multi-use facility and associated infrastructure at the existing juvenile detention center in Felton, Santa Cruz County, California. We invite comments from the public on the application package, which includes a Low-Effect Habitat Conservation Plan for the Mount Hermon June Beetle.

[Federal Register Volume 81, Number 172 (Tuesday, September 6, 2016)]
[Notices]
[Pages 61241-61242]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-21286]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2016-N122; FXES11120800000-156-FF08EVEN00]


Low-Effect Habitat Conservation Plan for the Mount Hermon June 
Beetle, Santa Cruz County, California

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comment.

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SUMMARY: We, the U.S. Fish and Wildlife Service, have received an 
application from the County of Santa Cruz for an 11-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 a multi-use facility and associated infrastructure at 
the existing juvenile detention center in Felton, Santa Cruz County, 
California. We invite comments from the public on the application 
package, which includes a Low-Effect Habitat Conservation Plan for the 
Mount Hermon June Beetle.

DATES: To ensure consideration, please send your written comments by 
October 6, 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 the 
County of Santa Cruz for an 11-year incidental take permit under the 
Act. 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 a multi-use facility 
and associated infrastructure at the existing juvenile detention 
center, at the County of Santa Cruz Juvenile Hall, 3650 Graham Hill 
Road (APN: 061-371-16), Felton, Santa Cruz County, California. We 
invite comments from the public on the application package, which 
includes the Low-Effect Habitat Conservation Plan for the Mount Hermon 
June Beetle. 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 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)(5) 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

    The County of Santa Cruz (hereafter, the applicant) has submitted a 
Low-Effect HCP in support of their application for an incidental take 
permit (ITP) to address take of the Mount Hermon June beetle that is 
likely to occur as the result of direct impacts on up to 0.189-acre 
(ac) (8,225 square feet (sf)) of degraded sandhills habitat occupied by 
the species. Take would be associated with the construction of a multi-
use facility on an existing parcel legally described as Assessor Parcel 
Number: 061-371-16. The current site address is 3650 Graham Hill Road 
in Felton, 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 the 
multi-use facility and associated 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 new 
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) Option 1: Enhance 4.3 ac (187,308 sf) of habitat on site for a 
10-year period; or, Option 2: Secure off-site mitigation at a ratio of 
1:1 to mitigate for permanent habitat impacts through the acquisition 
of 0.189 ac (8,225 sf) of conservation credits at the Zayante Sandhills 
Conservation Bank. The applicant will fund up to $81,995 to ensure 
implementation of all minimization

[[Page 61242]]

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 multi-use facility would 
not be issued. The multi-use facility would not be built, and the 
enhancement of habitat on site or the purchase of conservation credits 
would not be provided to effect recovery actions for Mount Hermon June 
beetle. Additionally, State of California Title 15 and Title 24 
standards for recreation and physical activity space for juvenile 
facilities would not be met. Because of State requirements 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 take place 
within existing impervious surfaces, avoiding impacts to suitable 
habitat for the species. The Redesigned Project would not meet State of 
California Title 15 and Title 24 standards and would not contribute to 
the long-term recovery of the species through enhancement of habitat or 
the purchase of conservation credits. 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 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: August 26, 2016.
Stephen P. Henry,
Field Supervisor, Ventura Fish and Wildlife Office, Ventura, 
California.
[FR Doc. 2016-21286 Filed 9-2-16; 8:45 am]
 BILLING CODE 4310-55-P