83 FR 40784 - Low-Effect Habitat Conservation Plan and Categorical Exclusion; Gaver Ranch, Castroville, Monterey County, California
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service Federal Register Volume 83, Issue 159 (August 16, 2018)
Fish and Wildlife Service
Federal Register Volume 83, Issue 159 (August 16, 2018)
| Page Range | 40784-40786 | |
| FR Document | 2018-17669 |
[Federal Register Volume 83, Number 159 (Thursday, August 16, 2018)] [Notices] [Pages 40784-40786] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-17669] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS-R8-ES-2018-N055; FXES11130800000-189-FF08EVEN00] Low-Effect Habitat Conservation Plan and Categorical Exclusion; Gaver Ranch, Castroville, Monterey 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 Midnight Sun, Inc., for a 20-year incidental take permit under the Endangered Species Act of 1973, as amended (Act). The application addresses the potential for ``take'' of the federally threatened California red-legged frog and California tiger salamander that is likely to occur incidental to ongoing agricultural activities, flood and erosion control activities, and habitat restoration at Gaver Ranch near the community of Castroville in unincorporated Monterey County, California. We invite comments from the public on the application package, which includes a low-effect habitat conservation plan. DATES: To ensure consideration, please send your written comments by September 17, 2018. ADDRESSES: [[Page 40785]] Document availability: 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 (see address below) or by phone (see FOR FURTHER INFORMATION CONTACT). Comment submission: 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, (805) 677-3328. SUPPLEMENTARY INFORMATION: We have received an application from Midnight Sun, Inc., for a 20-year incidental take permit under the Act. The application addresses the potential for ``take'' of the federally threatened California red-legged frog (Rana draytonii) and California tiger salamander (Ambystoma californiense) likely to occur incidental to ongoing agricultural activities, flood and erosion control activities, and habitat restoration at Gaver Ranch, 15740 Blackie Road (Assessor Parcel Numbers (APNs): 133-012-001 and 133-012-007), near Castroville in unincorporated Monterey County, California. We invite comments from the public on the application package, which includes a low-effect habitat conservation plan. This proposed action has been determined to be eligible for a categorical exclusion under the National Environmental Policy Act of 1969 (NEPA), as amended. Background The U.S. Fish and Wildlife Service (Service) added the California red-legged frog to the List of Endangered and Threatened Wildlife (``listed'') as threatened on May 23, 1996 (61 FR 25813), and the Service listed the California tiger salamander in central California as threatened on August 4, 2004 (69 FR 47212). This list is found in title 50 of the Code of Federal Regulations at 50 CFR 17.11. 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 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 and actions undertaken through implementation of the habitat conservation plan (HCP) must not jeopardize the existence of federally listed fish, wildlife, or plant species. All species covered by an incidental take permit receive assurances under our ``No Surprises'' regulations (50 CFR 17.22(b)(5) and 17.32(b)(5)). In addition, the Service has issued regulations for these species under section 4(d) of the Act. These regulations state that incidental take as the result of routine ranching activities will not be a violation of the take provisions of section 9 of the Act. The section 4(d) regulations for the California tiger salamander are located at 50 CFR 17.43(c) and for the California red-legged frog at 50 CFR 17.43(d). Applicant's Proposal Midnight Sun Inc. (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 California red-legged frog and California tiger salamander that is likely to occur as the result of direct impacts on up to 9.5 acres of suitable habitat occupied by the species. Take would be associated with ongoing agricultural activities, flood and erosion control activities, and habitat restoration on two existing parcels legally described as APNs: 133-012-001 and 133-012- 007. Ultimately, the project intends to improve drainage infrastructure to avoid on- and offsite flooding that has been occurring since 2011. The current site address is 15740 Blackie Road near Castroville in unincorporated Monterey County, California. This property is outside the critical habitat designations for these species as set forth in 50 CFR 17.95(d). The applicant is requesting a permit for take of the California red-legged frog and California tiger salamander that would result from ``covered activities'' that are related to ongoing agricultural operations. A 20-year ITP is requested to authorize take that would occur incidental to the proposed project. The applicant proposes to avoid, minimize, and mitigate impacts to the California red-legged frog and California tiger salamander associated with the covered activities by fully implementing the HCP. The following measures will be implemented: (1) A qualified biologist will conduct an education program for all persons employed or otherwise working in the project area. The program will cover species identification and ecology, legal protections afforded the species, and species-specific conservation measures. The education program will be attended by all onsite construction personnel, and those personnel will be directed to cease work and immediately contact a biologist permitted to capture and relocate the subject species if any are observed in an area to be impacted. (2) Each day prior to work beginning, a designated biologist or biological monitor will inspect the work area for the covered species. If an individual of the covered species is found in an area to be impacted, all work in that area will cease and a Service-approved biologist immediately notified. Work will cease until the individual moves from the area on its own accord or until the Service-approved biologist captures and relocates the individual to the nearest suitable habitat not affected by project activities. (3) To the maximum extent practicable, construction activities will be limited to daylight hours. (4) The applicant will not use erosion control materials that contain monofilament netting or similar material that can result in the entanglement of the covered species and other wildlife. (5) Soil stockpiles will be fully stabilized to prevent erodible materials entering the covered species' aquatic habitats. (6) Onsite restoration and management of 8.9 acres of upland and dispersal habitat will occur in order for the covered species to continue to utilize the project site. (7) Permanent protection of 1.5 acres of habitat for the California red-legged frog and California tiger salamander will be ensured through the purchase of multispecies credits at the Sparling Ranch Conservation Bank in San Benito County, California. The applicant will fund up to $1,556,976 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 proposed project would not be issued. The proposed conservation strategy consisting of onsite management of 8.9 acres of upland and dispersal habitat [[Page 40786]] and the purchase of conservation credits would not be provided to effect recovery actions for the impacted species. The ``No Action'' alternative would not result in needed improvements to reduce the risk of on- and offsite flooding and would not result in benefits for the covered species; therefore, the applicant has rejected the ``No Action'' alternative. Under the ``Redesigned Project'' alternative, the applicant would further reduce the area of the proposed project to the smallest possible footprint; however, the Redesigned Project would not realistically accomplish the project goal of the reduction of on- and offsite flooding risk. Under this alternative, the applicant would not achieve the desired goal of reduced flooding risk, and fewer conservation credits would be purchased to effect recovery; therefore, the applicant has also rejected the ``Redesigned Project'' alternative. Our Preliminary Determination The Service has made a preliminary determination that issuance of the incidental take permit 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 (42 U.S.C. 4321 et seq.) nor that it will, individually or cumulatively, have more than a negligible effect on the California red-legged frog and California tiger salamander. Therefore, in accordance with this preliminary determination, the permit qualifies for a categorical exclusion under NEPA. 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, and 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 applicant's proposal will have a minor or negligible effect on the California red-legged frog and California tiger salamander, and that the plan qualifies as a low-effect HCP as defined by our 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 permit. If the requirements are met, we will issue an ITP to the applicant for the incidental take of California red-legged frog and California tiger salamander. 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 application, HCP, and associated documents, you may submit comments by one of the methods described in ADDRESSES. 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 10 2018. Stephen P. Henry, Field Supervisor, Ventura Fish and Wildlife Office, Ventura, California. [FR Doc. 2018-17669 Filed 8-15-18; 8:45 am] BILLING CODE 4333-15-P
![40784 Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Notices
• In-Person Drop-off, Viewing, or provided; (4) the taking will not comment to withhold your personally
Pickup: Call 360–753–5823 to make an appreciably reduce the likelihood of the identifiable information from public
appointment (necessary for viewing or survival and recovery of the species in review, we cannot guarantee that we
picking up documents only) during the wild; and (5) the applicant will carry will be able to do so. All submissions
regular business hours at the above out any other measures that the Service from organizations or businesses, and
address. may require as being necessary or from individuals identifying themselves
FOR FURTHER INFORMATION CONTACT: Tim
appropriate for the purposes of the plan. as representatives or officials of
Romanski, Conservation Planning and Regulations governing permits for organizations or businesses, will be
Hydropower Branch Manager, endangered and threatened species are made available for public disclosure in
Washington Fish and Wildlife Office, found in 50 CFR 17.22 and 17.32, their entirety. Comments and materials
U.S. Fish and Wildlife Service (see respectively. we receive will be available for public
ADDRESSES), telephone: 360–753–5823. Proposed Action inspection by appointment, during
If you use a telecommunications device normal business hours, at our
The Service proposes to issue the Washington Fish and Wildlife Office
for the deaf, please call the Federal requested 3-year ITP based on the
Relay Service at 800–877–8339. (see ADDRESSES).
applicant’s commitment to implement
SUPPLEMENTARY INFORMATION: The the HCP, if permit issuance criteria are Authority
Service received an application for an met. Covered activities include We provide this notice in accordance
ITP pursuant to Section 10(a)(1)(B) of construction of a single-family home with the requirements of section 10 of
the ESA. The applicant requests a 3-year and an agricultural building. The area the ESA and NEPA and their
permit term that would authorize ‘‘take’’ covered under the HCP consists of an implementing regulations (50 CFR 17.32
of the threatened Yelm pocket gopher approximately one-half acre project and 40 CFR 1506.6, respectively).
(Thomomys mazama yelmensis), development site and an approximately
hereafter referred to as Yelm pocket one acre conservation site on land Theresa E. Rabot,
gopher, incidental to construction of owned by the applicant. Take of the Deputy Regional Director, Pacific Region, U.S.
one single-family home on land the Yelm pocket gopher would occur within Fish and Wildlife Service.
applicant owns in Thurston County, the half-acre development site and will [FR Doc. 2018–17668 Filed 8–15–18; 8:45 am]
Washington. The application includes a be offset by granting Thurston County a BILLING CODE 4333–15–P
HCP that describes actions the applicant perpetual conservation easement over
will take to minimize and mitigate the an acre of occupied habitat, for the
impacts of the taking on the covered purpose of ensuring that it is DEPARTMENT OF THE INTERIOR
species. perpetually managed for the benefit of
the covered species. Funding for Fish and Wildlife Service
Background
management of the conservation [FWS–R8–ES–2018–N055;
Section 9 of the Endangered Species easement would be assured. The FXES11130800000–189–FF08EVEN00]
Act (ESA; 16 U.S.C. 1531) prohibits applicant may have the conservation
‘‘take’’ of fish and wildlife species listed easement released in the future if it Low-Effect Habitat Conservation Plan
as endangered or threatened. Under the purchases credits from a Service- and Categorical Exclusion; Gaver
ESA, the term ‘‘take’’ means to harass, approved conservation bank for the Ranch, Castroville, Monterey County,
harm, pursue, hunt, shoot, wound, kill, Yelm pocket gopher, which would California
trap, capture, or collect, or to attempt to provide equivalent or greater
engage in any such conduct (16 U.S.C. AGENCY: Fish and Wildlife Service,
conservation benefits to the species. At Interior.
1532(19)). The term ‘‘harm,’’ as defined present, no such conservation bank
in our regulations, includes significant ACTION: Notice of availability; request
exists.
habitat modification or degradation that for comment.
results in death or injury to listed Public Comments
species by significantly impairing SUMMARY: We, the U.S. Fish and
You may submit your comments and Wildlife Service, have received an
essential behavioral patterns, including materials by one of the methods listed
breeding, feeding, or sheltering (50 CFR application from Midnight Sun, Inc., for
in ADDRESSES. We specifically request a 20-year incidental take permit under
17.3). The term ‘‘harass’’ is defined in information, views, and suggestions
our regulations as to intentional or the Endangered Species Act of 1973, as
from interested parties regarding our amended (Act). The application
negligent actions that create the proposed Federal action, including
likelihood of injury to listed species to addresses the potential for ‘‘take’’ of the
adequacy of the HCP pursuant to the federally threatened California red-
such an extent as to significantly disrupt requirements for permits at 50 CFR parts
normal behavioral patterns, which legged frog and California tiger
13 and 17 and adequacy of the EAS salamander that is likely to occur
include, but are not limited to, breeding, pursuant to NEPA.
feeding, or sheltering (50 CFR 17.3). incidental to ongoing agricultural
Section 10(a)(1)(B) of the ESA Public Availability of Comments activities, flood and erosion control
contains provisions that authorize the All comments and materials we activities, and habitat restoration at
Service to issue permits to non-Federal receive become part of the public record Gaver Ranch near the community of
entities for the take of endangered and associated with this action. Before Castroville in unincorporated Monterey
threatened species caused by otherwise including your address, phone number, County, California. We invite comments
sradovich on DSK3GMQ082PROD with NOTICES
lawful activities, provided the following email address, or other personally from the public on the application
criteria are met: (1) The taking will be identifiable information in your package, which includes a low-effect
incidental; (2) the applicant will, to the comments, you should be aware that habitat conservation plan.
maximum extent practicable, minimize your entire comment—including your DATES: To ensure consideration, please
and mitigate the impact of such taking; personally identifiable information— send your written comments by
(3) the applicant will ensure that may be made publicly available at any September 17, 2018.
adequate funding for the plan will be time. While you can ask us in your ADDRESSES:
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![40786 Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Notices
and the purchase of conservation credits including the plan and comments we to the National Register of Historic
would not be provided to effect recovery receive, to determine whether the Places, National Park Service, 1849 C St.
actions for the impacted species. The application meets the requirements of NW, MS 7228, Washington, DC 20240.
‘‘No Action’’ alternative would not section 10(a)(1)(B) of the Act. We will SUPPLEMENTARY INFORMATION: The
result in needed improvements to use the results of our internal Service properties listed in this notice are being
reduce the risk of on- and offsite consultation, in combination with the considered for listing or related actions
flooding and would not result in above findings, in our final analysis to in the National Register of Historic
benefits for the covered species; determine whether to issue the permit. Places. Nominations for their
therefore, the applicant has rejected the If the requirements are met, we will consideration were received by the
‘‘No Action’’ alternative. Under the issue an ITP to the applicant for the National Park Service before July 27,
‘‘Redesigned Project’’ alternative, the incidental take of California red-legged 2018. Pursuant to Section 60.13 of 36
applicant would further reduce the area frog and California tiger salamander. We CFR part 60, written comments are
of the proposed project to the smallest will make the final permit decision no being accepted concerning the
possible footprint; however, the sooner than 30 days after the date of this significance of the nominated properties
Redesigned Project would not notice. under the National Register criteria for
realistically accomplish the project goal evaluation.
of the reduction of on- and offsite Public Comments
Before including your address, phone
flooding risk. Under this alternative, the If you wish to comment on the permit number, email address, or other
applicant would not achieve the desired application, HCP, and associated personal identifying information in your
goal of reduced flooding risk, and fewer documents, you may submit comments comment, you should be aware that
conservation credits would be by one of the methods described in your entire comment—including your
purchased to effect recovery; therefore, ADDRESSES. personal identifying information—may
the applicant has also rejected the Before including your address, phone be made publicly available at any time.
‘‘Redesigned Project’’ alternative. number, email address, or other While you can ask us in your comment
personal identifying information in your to withhold your personal identifying
Our Preliminary Determination comment, you should be aware that information from public review, we
The Service has made a preliminary your entire comment—including your cannot guarantee that we will be able to
determination that issuance of the personal identifying information—may do so.
incidental take permit is neither a major be made publicly available at any time. Nominations submitted by State
Federal action that will significantly While you can ask us in your comment Historic Preservation Officers:
affect the quality of the human to withhold your personal identifying
environment within the meaning of information from public view, we ALABAMA
section 102(2)(C) of NEPA (42 U.S.C. cannot guarantee that we will be able to Baldwin County
4321 et seq.) nor that it will, do so. American Legion Post 199, 700 S Mobile St.,
individually or cumulatively, have more Fairhope, SG100002858
than a negligible effect on the California Authority
We provide this notice under section INDIANA
red-legged frog and California tiger
salamander. Therefore, in accordance 10 of the Act (16 U.S.C. 1531 et seq.) Carroll County
with this preliminary determination, the and NEPA regulations (40 CFR 1506.6). American House Hotel, 205 Michigan Rd.,
permit qualifies for a categorical Dated: August 10 2018. Burlington, SG100002859
exclusion under NEPA. Stephen P. Henry, Elkhart County
Next Steps Field Supervisor, Ventura Fish and Wildlife Selmer, H. & A., Inc. Factory, 1119 N Main
Office, Ventura, California. St., Elkhart, SG100002860
We will evaluate the permit
[FR Doc. 2018–17669 Filed 8–15–18; 8:45 am]
application, including the plan and Grant County
BILLING CODE 4333–15–P
comments we receive, to determine Marion PCC & St. Louis Railroad Depot, 1002
whether the application meets the S Washington St., Marion, SG100002861
requirements of section 10(a)(1)(B) of DEPARTMENT OF THE INTERIOR Howard County
the Act. We will also evaluate whether
issuance of the ITP would comply with Greentown Commercial Historic District, 1/2
National Park Service blk. on either side of Meridian St. between
section 7(a)(2) of the Act by conducting Walnut and Grant, Greentown,
an intra-Service section 7 consultation. [NPS–WASO–NRNHL–DTS#–26141;
PPWOCRADI0, PCU00RP14.R50000] SG100002862
Public Review Madison County
National Register of Historic Places;
We provide this notice under section Anderson High School Wigwam, 1229
Notification of Pending Nominations Lincoln St., Anderson, SG100002863
10(c) of the Act and the National
and Related Actions
Environmental Policy Act of 1969, as Marshall County
amended, and NEPA’s public AGENCY: National Park Service, Interior.
Arnold, Isaac and Ruth, House, 1003 N Main
involvement regulations (40 CFR ACTION: Notice. St., Bourbon, SG100002864
1500.1(b), 1500.2(d), and 1506.6). We
are requesting comments on our SUMMARY: The National Park Service is Rush County
determination that the applicant’s soliciting comments on the significance
sradovich on DSK3GMQ082PROD with NOTICES
Mount Pleasant Beech Church and Beech
proposal will have a minor or negligible of properties nominated before July 27, Cemetery, E side of Cty. Rd. 725 W
effect on the California red-legged frog 2018, for listing or related actions in the between Cty. Rds. 1000 N & 1100 N,
and California tiger salamander, and National Register of Historic Places. Carthage vicinity, SG100002865
that the plan qualifies as a low-effect DATES: Comments should be submitted Sullivan County
HCP as defined by our Habitat by August 31, 2018. Sullivan Courthouse Square Historic District,
Conservation Planning Handbook. We ADDRESSES: Comments may be sent via Roughly bounded by Section, Wall, State &
will evaluate the permit application, U.S. Postal Service and all other carriers Harris Sts., Sullivan, SG100002867
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Document Created: 2018-08-16 01:02:46
Document Modified: 2018-08-16 01:02:46
| 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 September 17, 2018. | |
| Contact | Chad Mitcham, Fish and Wildlife Biologist, (805) 677-3328. | |
| FR Citation | 83 FR 40784 |
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