83 FR 26303 - Two Low-Effect Habitat Conservation Plans and Categorical Exclusions for Pacific Gas and Electric Company Gas Pipeline Vegetation Management, Santa Cruz and Monterey Counties, California

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 83, Issue 109 (June 6, 2018)

We, the U.S. Fish and Wildlife Service, have received two applications from Pacific Gas and Electric Company for two 20-year incidental take permits under the Endangered Species Act of 1973, as amended (ESA). The applications address the potential for ``take'' of the federally endangered Mount Hermon June beetle and Santa Cruz long- toed salamander, as well as the federally threatened California red- legged frog, that is likely to occur incidental to the removal of vegetation along two natural gas pipelines that traverse Santa Cruz and Monterey Counties, California. We invite comments from the public on the application packages, which include two low-effect habitat conservation plans.

[Federal Register Volume 83, Number 109 (Wednesday, June 6, 2018)]
[Notices]
[Pages 26303-26304]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-12133]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2018-N047; FXES11130800000-189-FF08EVEN00]


Two Low-Effect Habitat Conservation Plans and Categorical 
Exclusions for Pacific Gas and Electric Company Gas Pipeline Vegetation 
Management, Santa Cruz and Monterey Counties, 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 two 
applications from Pacific Gas and Electric Company for two 20-year 
incidental take permits under the Endangered Species Act of 1973, as 
amended (ESA). The applications address the potential for ``take'' of 
the federally endangered Mount Hermon June beetle and Santa Cruz long-
toed salamander, as well as the federally threatened California red-
legged frog, that is likely to occur incidental to the removal of 
vegetation along two natural gas pipelines that traverse Santa Cruz and 
Monterey Counties, California. We invite comments from the public on 
the application packages, which include two low-effect habitat 
conservation plans.

DATES: To ensure consideration, please send your written comments by 
July 6, 2018.

ADDRESSES: 
    Obtaining Documents: You may download copies of the habitat 
conservation plans, draft environmental action statements, low-effect 
screening forms, and related documents on the internet at http://www.fws.gov/ventura/, or you may request copies by U.S. mail to our 
Ventura office (below) or by phone (see FOR FURTHER INFORMATION 
CONTACT).
    Submitting Comments: 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 alternatively may 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 (805) 
677-3328.

SUPPLEMENTARY INFORMATION: We have received two applications from 
Pacific Gas and Electric Company (PG&E) for two 20-year incidental take 
permits (ITPs) under the Endangered Species Act of 1973, as amended 
(ESA; 16 U.S.C. 1531 et seq.). The applications address the potential 
for ``take'' of the federally endangered Mount Hermon June beetle 
(Polyphylla barbata) and Santa Cruz long-toed salamander (Ambystoma 
macrodactylum croceum), and the federally threatened California red-
legged frog (Rana draytonii) likely to occur incidental to the initial 
removal and ongoing periodic management of vegetation that occurs over 
and along two separate natural gas pipelines. The first proposed 
habitat conservation plan (HCP), referred to in this document as the 
Sandhills HCP, concerns the natural gas pipeline located along Graham 
Hill Road, Santa Cruz County, California, and occurs within habitat for 
the Mount Hermon June beetle. The second HCP, referred to as the North 
Coast HCP, concerns a natural gas pipeline that traverses portions of 
Santa Cruz and Monterey Counties and occurs within habitat of the Santa 
Cruz long-toed salamander and California red-legged frog. We invite 
comments from the public on the application packages, which include two 
proposed low-effect HCPs. The proposed actions have been determined to 
be eligible for categorical exclusions under the National Environmental 
Policy Act of 1969 (NEPA; 42 U.S.C. 4321 et seq.), as amended.

Background

    Section 9 of the ESA and its implementing regulations prohibit the 
take of fish or wildlife species listed as endangered or threatened. 
``Take'' is defined under the ESA 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 ESA, we may issue 
permits to authorize incidental take of listed species. ``Incidental 
Take'' is defined as take that is incidental to, and not the purpose 
of, the carrying out of an otherwise lawful activity (50 CFR 17.3). 
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.

Applicant's Proposal

    PG&E (hereafter, the applicant) has submitted two low-effect HCPs 
in support of their applications for incidental take permits (ITPs) to 
address take of the Mount Hermon June beetle, Santa Cruz long-toed 
salamander, and the California red-legged frog. The Sandhills HCP 
addresses take of the Mount Hermon June beetle that is likely to occur 
as the result of direct impacts on up to 2.9 acres (ac) of habitat that 
is occupied by the species. The North

[[Page 26304]]

Coast HCP addresses take that is likely to occur as the result of 
direct impacts on up to 4.472 ac of Santa Cruz long-toed salamander 
habitat and up to 6.997 ac of California red-legged frog habitat, 
occupied by the species. Take for both HCPs would be associated with 
the initial removal of vegetation and twenty years of periodic 
vegetation management along two natural gas pipelines. The Sandhills 
HCP is located in Santa Cruz County, while the North Coast HCP is 
located in both Santa Cruz and Monterey Counties. The applicant is 
requesting permits for take of the Mount Hermon June beetle (Sandhills 
HCP), and the Santa Cruz long-toed salamander, and California red-
legged frog (North Coast HCP) that would result from ``covered 
activities'' that are related to the removal of vegetation.
    The applicant proposes to avoid, minimize, and mitigate impacts to 
the Mount Hermon June beetle associated with the covered activities by 
fully implementing the Sandhills HCP. The following measures will be 
implemented: (1) Vegetation management will take place outside of the 
flight season (May 1 through August 31) of the Mount Hermon June 
beetle; (2) a biological monitor will be present during all work 
activities to identify appropriate access and work areas to minimize 
impacts to sandhills habitat; (3) if any life stage of the Mount Hermon 
June beetle is encountered during work activities, work will cease and 
a Service-approved biologist will be notified and the individual(s) 
will be relocated to suitable habitat not affected by work activities; 
(4) all cut stumps will be left intact to reduce ground disturbance; 
(5) all workers will participate in awareness training to inform them 
about the Mount Hermon June beetle and associated conservation measures 
to be followed; and (6) permanently protect habitat for the Mount 
Hermon June beetle through the purchase of 2.9 ac of conservation 
credits at the Zayante Sandhills Conservation Bank. The applicant will 
fund up to $795,735 to ensure implementation of all minimization 
measures, monitoring, and reporting requirements identified in the HCP.
    The applicant proposes to avoid, minimize, and mitigate impacts to 
the Santa Cruz long-toed salamander and California red-legged frog 
associated with the covered activities by fully implementing the North 
Coast HCP. The following measures will be implemented: (1) All workers 
will participate in awareness training to inform them about the Santa 
Cruz long-toed salamander and California red-legged frog and associated 
conservation measures to be followed; (2) vegetation management 
activities will take place between April 15 and September 15, to 
minimize impacts to the species; (3) impacts to small mammal burrows 
will be avoided to the maximum extent practicable; (4) a qualified 
biologist will monitor all vegetation removal activities to ensure 
compliance with required avoidance and minimization measures; (5) if a 
Santa Cruz long-toed salamander or California red-legged frog is 
encountered in an area to be impacted, work in that area will cease 
until the animal moves from the area or a Service-approved biologist 
captures and relocates the individual outside of the work area; (6) 
permanently protect habitat for the Santa Cruz long-toed salamander 
through the dedication of a 7.2-ac conservation easement at the Tucker 
Property in Santa Cruz County; and (7) provide $342,432 to fund the 
creation, management and monitoring of 1.75 ac of California red-legged 
frog aquatic breeding habitat at Yellowbank Creek, near the town of 
Davenport in Santa Cruz County. The applicant will fund up to 
$1,424,432 to ensure implementation of all minimization measures, 
monitoring, and reporting requirements identified in the HCP.
    In each of the two proposed HCPs, the applicant considers two 
alternatives to the proposed action: ``No Action'' and ``Original 
Project.'' Under the ``No Action'' alternative, an ITP for the proposed 
project would not be issued. The proposed conservation strategies would 
not be provided to effect recovery actions for the impacted species. 
The ``No Action'' alternative would not achieve vegetation management 
guidelines for PG&E infrastructure and would not result in benefits for 
the covered species; therefore, for each of the proposed HCPs, the 
applicant has rejected the ``No Action'' alternative. Under each of the 
two ``Original Project'' alternatives, the applicant would remove 
considerably more habitat along the subject natural gas pipeline, 
resulting in greater impacts to the covered species. Through 
coordination with the Service, PG&E revised the projects in a way that 
could still achieve desired vegetation management goals, while reducing 
impacts to the covered species. Therefore, the applicant has also 
rejected both of the ``Original Project'' alternatives.

Our Preliminary Determination

    The Service has made preliminary determinations that issuance of 
both incidental take permits is neither a major Federal action that 
will significantly affect the quality of the human environment within 
the meaning of section 102(2)(C) of NEPA, nor that it will, 
individually or cumulatively, have more than a negligible effect on the 
Mount Hermon June beetle, Santa Cruz long-toed salamander, and 
California red-legged frog. Therefore, in accordance with these 
preliminary determinations, both permits qualify for a categorical 
exclusion under NEPA.

Public Availability of Comments

    Written comments we receive become part of the public record 
associated with this action. 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 request in your comment that we withhold 
your personal identifying information from public review, we cannot 
guarantee that we will be able to do so. All submissions from 
organizations or businesses, and from individuals identifying 
themselves as representatives or officials of organizations or 
businesses, will be made available for public disclosure in their 
entirety.

Authority

    We provide this notice under the ESA, section 10(c) (16 U.S.C. 1531 
et seq.) and its implementing regulations (50 CFR 17.22) and NEPA (42 
U.S.C. 4321 et seq.) and its implementing regulations (40 CFR 1506.6).

    Dated: May 25, 2018.
Stephen P. Henry,
Field Supervisor, Ventura Fish and Wildlife Office, Ventura, 
California.
[FR Doc. 2018-12133 Filed 6-5-18; 8:45 am]
BILLING CODE 4333-15-P