83 FR 53080 - Endangered and Threatened Wildlife and Plants; Availability of Habitat Conservation Plan and Categorical Exclusion for the Mount Hermon June Beetle, Santa Cruz County, California

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 83, Issue 203 (October 19, 2018)

Page Range		53080-53081
FR Document		2018-22748

We, the U.S. Fish and Wildlife Service, have received an application from Lantana, LLC for a 5-year incidental take permit under the Endangered Species Act of 1973, as amended (Act). The permit would authorize ``take'' of the federally endangered Mount Hermon June beetle, incidental to the otherwise lawful activities associated with the demolition of a single-family home and construction of two duet homes at 22 Blake Lane, Scotts Valley, Santa Cruz County, California. We invite comments from the public on the application package, which includes a low-effect habitat conservation plan.

Federal Register, Volume 83 Issue 203 (Friday, October 19, 2018)

[Federal Register Volume 83, Number 203 (Friday, October 19, 2018)]
[Notices]
[Pages 53080-53081]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-22748]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2018-N022; FXES11130800000-189-FF08EVEN00]


Endangered and Threatened Wildlife and Plants; Availability of 
Habitat Conservation Plan and Categorical Exclusion for the Mount 
Hermon June Beetle, Santa Cruz County, California

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comment.

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

SUMMARY: We, the U.S. Fish and Wildlife Service, have received an 
application from Lantana, LLC for a 5-year incidental take permit under 
the Endangered Species Act of 1973, as amended (Act). The permit would 
authorize ``take'' of the federally endangered Mount Hermon June 
beetle, incidental to the otherwise lawful activities associated with 
the demolition of a single-family home and construction of two duet 
homes at 22 Blake Lane, Scotts Valley, Santa Cruz 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 
November 19, 2018.

ADDRESSES: You may download a copy of the draft habitat conservation 
plan, draft environmental action statement, and draft low-effect 
screening form 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: Karen Sinclair, Fish and Wildlife 
Biologist, by U.S. mail to the Ventura address in ADDRESSES, or by 
telephone at (805) 677-3315.

SUPPLEMENTARY INFORMATION: We have received an application from 
Lantana, LLC for a 5-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 demolition of a single-family home and 
construction of two duet homes at 22 Blake Lane, Scotts Valley, Santa 
Cruz County, California. We invite comments from the public on the 
application package, which includes the Low-Effect Habitat Conservation 
Plan (HCP) for the Mount Hermon June Beetle.

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 incidental 
to, and not the purpose of carrying out an otherwise lawful activity. 
Regulations governing incidental take permits for threatened and 
endangered species are in the Code of Federal Regulations (CFR) 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. All species covered by the incidental take 
permit associated with this low-effect HCP receive assurances under our 
``No Surprises'' regulations (50 CFR 17.22(b)(5) and 17.32(b)(5)).

Applicant's Proposal

    Lantana, LLC (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 0.32 acre (ac) (14,031 square 
feet (sf)) of degraded

[[Page 53081]]

sandhills habitat occupied by the species. Take would be associated 
with the demolition of a single-family home and construction of two 
duet homes on a parcel legally described as Assessor Parcel Number: 
022-172-47. The current site address is 22 Blake Lane in Scotts Valley, 
Santa Cruz County, California. The applicant is requesting a permit for 
take of Mount Hermon June beetle that would result from ``covered 
activities'' that are related to the demolition of a single-family home 
and construction of two duet homes at 22 Blake Lane.
    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) Locating the project on a developed parcel where habitat is more 
degraded relative to intact habitat; (2) Avoiding the flight season, if 
possible, and using plastic sheeting or other soil-covering material to 
prevent Mount Hermon June beetles from burrowing into exposed soil in 
the construction site when/if soil disturbing activities must occur 
between May and August; (3) Having a qualified biologist translocate 
any larval beetles unearthed during construction activities to a 
portion of the project site outside of the impact area that supports 
intact vegetation; (4) Minimizing hardscaping associated with the 
project, and using native Sandhills plants and non-invasive ornamental 
plants in landscape areas; (5) Minimizing removal of native trees on 
the site, including the ponderosa pines and coast live oaks; (6) 
Revegetating areas of temporary habitat disturbance with native and 
non-invasive ornamental plants that do not degrade Mount Hermon June 
beetle habitat; and (7) Securing off-site mitigation at a ratio of 1:1 
to mitigate for habitat impacts through the acquisition of 0.32 ac 
(14,031 sf) of conservation credits at the Zayante Sandhills 
Conservation Bank. The applicant will fund all elements of the proposed 
conservation strategy to ensure implementation of all minimization 
measures, monitoring, and reporting requirements identified in the HCP.

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 Mount Hermon June beetle, the only species covered in the 
HCP. Therefore, the permit qualifies for a categorical exclusion under 
NEPA.

Public Review

    We request comments on our 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. 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 ITP. If the 
requirements are met, we will issue the ITP to the applicant. We will 
make the final permit decision no sooner than 30 days after the 
publication date of this notice.

Public Comments

    If you wish to comment on the permit application, HCP, 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: October 11, 2018.
Stephen P. Henry,
Field Supervisor, Ventura Fish and Wildlife Office.
[FR Doc. 2018-22748 Filed 10-18-18; 8:45 am]
BILLING CODE 4333-15-P

53080 Federal Register / Vol. 83, No. 203 / Friday, October 19, 2018 / Notices

used for other activities. Impacts to met, we will issue individual ITPs to the comments by facsimile to (805) 644–
covered species from the activities Applicants. 3958.
would be mitigated through habitat FOR FURTHER INFORMATION CONTACT:
Authority
management measures and the Karen Sinclair, Fish and Wildlife
placement of conservation easements on We provide this notice under section
Biologist, by U.S. mail to the Ventura
up to 107,000 acres of the covered 10 of the ESA (16 U.S.C. 1531 et seq.)
address in ADDRESSES, or by telephone
lands. The Applicants also propose to and ESA regulations in title 50 of the
at (805) 677–3315.
make contributions to a conservation Code of Federal Regulations and, the
National Environmental Policy Act SUPPLEMENTARY INFORMATION: We have
endowment, the Marinelli Fund, to
(NEPA; 42 U.S.C. 4321 et seq.) and received an application from Lantana,
implement conservation measures for
NEPA regulations (40 CFR 1506.6). LLC for a 5-year incidental take permit
the covered species throughout and
under the Act. The application
beyond the covered lands. Mike Oetker, addresses the potential for take of the
Draft Environmental Impact Statement Acting Regional Director, Southeast Region. federally endangered Mount Hermon
[FR Doc. 2018–22755 Filed 10–18–18; 8:45 am] June beetle (Polyphylla barbata) likely
We published a notice of intent to
BILLING CODE 4333–15–P to occur incidental to the demolition of
prepare an EIS for this HCP in the
a single-family home and construction
Federal Register on March 25, 2016 (81
of two duet homes at 22 Blake Lane,
FR 16200). A public scoping meeting
DEPARTMENT OF THE INTERIOR Scotts Valley, Santa Cruz County,
was held in Naples, Florida on April 12,
California. We invite comments from
2016, and an online public participation Fish and Wildlife Service the public on the application package,
webcast was conducted on April 19,
[FWS–R8–ES–2018–N022; which includes the Low-Effect Habitat
2016. We have incorporated issues
FXES11130800000–189–FF08EVEN00] Conservation Plan (HCP) for the Mount
identified during these scoping
Hermon June Beetle.
meetings into the draft EIS. A summary Endangered and Threatened Wildlife
of the comments received during the and Plants; Availability of Habitat Background
scoping period is provided in the Conservation Plan and Categorical The U.S. Fish and Wildlife Service
Scoping Report appended to the draft Exclusion for the Mount Hermon June (Service) listed the Mount Hermon June
EIS. Beetle, Santa Cruz County, California beetle as endangered on January 24,
The draft EIS assesses the likely 1997 (62 FR 3616). Section 9 of the Act
environmental impacts associated with AGENCY: Fish and Wildlife Service, (16 U.S.C. 1531 et seq.) and its
the implementation of the activities Interior. implementing regulations prohibit the
proposed in the HCP, compared to the ACTION: Notice of availability; request take of fish or wildlife species listed as
likely consequences of not issuing the for comment. endangered or threatened. ‘‘Take’’ is
requested ITPs, i.e., uncoordinated defined under the Act to include the
project-by-project and lot-by-lot SUMMARY: We, the U.S. Fish and
following activities: ‘‘to harass, harm,
planning and mitigation as currently Wildlife Service, have received an
pursue, hunt, shoot, wound, kill, trap,
occurs. The Department of the Army, application from Lantana, LLC for a 5-
capture, or collect, or to attempt to
through its bureau the U.S. Army Corps year incidental take permit under the
engage in any such conduct’’ (16 U.S.C.
of Engineers, Jacksonville District, is a Endangered Species Act of 1973, as
1532); however, under section
cooperating agency in the development amended (Act). The permit would
10(a)(1)(B) of the Act, we may issue
of the draft EIS. authorize ‘‘take’’ of the federally
permits to authorize incidental take of
endangered Mount Hermon June beetle,
Public Comments listed species. The Act defines
incidental to the otherwise lawful
‘‘Incidental Take’’ as take that is
If you wish to comment on the HCP, activities associated with the demolition
incidental to, and not the purpose of
or draft EIS, you may submit comments of a single-family home and
carrying out an otherwise lawful
by any one of the methods listed above construction of two duet homes at 22
activity. Regulations governing
in ADDRESSES. Before including your Blake Lane, Scotts Valley, Santa Cruz
incidental take permits for threatened
address, phone number, email address, County, California. We invite comments
and endangered species are in the Code
or other personal identifying from the public on the application
of Federal Regulations (CFR) at 50 CFR
information in your comment, be aware package, which includes a low-effect
17.32 and 17.22, respectively. Issuance
that your entire comment—including habitat conservation plan.
of an incidental take permit must not
your personal identifying information— DATES: To ensure consideration, please jeopardize the existence of federally
may be made available to the public at send your written comments by listed fish, wildlife, or plant species. All
any time. While you may request in November 19, 2018. species covered by the incidental take
your comment that we withhold your ADDRESSES: You may download a copy permit associated with this low-effect
personal identifying information, we of the draft habitat conservation plan, HCP receive assurances under our ‘‘No
cannot guarantee that we will be able to draft environmental action statement, Surprises’’ regulations (50 CFR
do so. and draft low-effect screening form at 17.22(b)(5) and 17.32(b)(5)).
http://www.fws.gov/ventura/, or you
Next Steps Applicant’s Proposal
may request copies of the documents by
We will evaluate the HCP, draft EIS, U.S. mail to our Ventura office or by Lantana, LLC (hereafter, the
amozie on DSK3GDR082PROD with NOTICES1

and your comments to determine phone (see FOR FURTHER INFORMATION applicant) has submitted a low-effect
whether the collective ITP application CONTACT). Please address written HCP in support of their application for
meets the permit issuance requirements comments to Stephen P. Henry, Field an incidental take permit (ITP) to
of section 10(a) of the ESA. We will also Supervisor, Ventura Fish and Wildlife address take of the Mount Hermon June
conduct an intra-Service consultation Office, U.S. Fish and Wildlife Service, beetle that is likely to occur as the result
pursuant to section 7 of the ESA. If the 2493 Portola Road, Suite B, Ventura, CA of direct impacts on up to 0.32 acre (ac)
requirements for permit issuance are 93003. You may alternatively send (14,031 square feet (sf)) of degraded

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Federal Register / Vol. 83, No. 203 / Friday, October 19, 2018 / Notices 53081

sandhills habitat occupied by the Hermon June beetle, the only species DEPARTMENT OF THE INTERIOR
species. Take would be associated with covered in the HCP. Therefore, the
the demolition of a single-family home permit qualifies for a categorical Bureau of Indian Affairs
and construction of two duet homes on exclusion under NEPA. [190A2100DD/AAKC001030/
a parcel legally described as Assessor A0A501010.999900 253G; OMB Control
Parcel Number: 022–172–47. The Public Review Number 1076–0122]
current site address is 22 Blake Lane in
We request comments on our
Scotts Valley, Santa Cruz County, Agency Information Collection
determination that the applicant’s
California. The applicant is requesting a Activities; Submission to the Office of
permit for take of Mount Hermon June proposal will have a minor or negligible Management and Budget for Review
beetle that would result from ‘‘covered effect on the Mount Hermon June beetle and Approval; Data Elements for
activities’’ that are related to the and that the plan qualifies as a low- Student Enrollment in Bureau-Funded
demolition of a single-family home and effect HCP. We will evaluate the permit Schools
construction of two duet homes at 22 application, including the plan and
Blake Lane. comments we receive, to determine AGENCY: Bureau of Indian Affairs,
The applicant proposes to avoid, whether the application meets the Interior.
minimize, and mitigate take of Mount requirements of section 10(a)(1)(B) of ACTION: Notice of information collection;
Hermon June beetle associated with the the Act. We will use the results of our request for comment.
covered activities by fully implementing internal Service consultation, in
the HCP. The following measures will SUMMARY: In accordance with the
combination with the above findings, in Paperwork Reduction Act of 1995, we,
be implemented: (1) Locating the project our final analysis to determine whether
on a developed parcel where habitat is the Bureau of Indian Education (BIE) are
to issue the ITP. If the requirements are proposing to renew an information
more degraded relative to intact habitat; met, we will issue the ITP to the
(2) Avoiding the flight season, if collection.
applicant. We will make the final permit
possible, and using plastic sheeting or DATES: Interested persons are invited to
decision no sooner than 30 days after
other soil-covering material to prevent submit comments on or before
the publication date of this notice.
Mount Hermon June beetles from November 19, 2018.
burrowing into exposed soil in the Public Comments ADDRESSES: Send written comments on
construction site when/if soil disturbing this information collection request (ICR)
activities must occur between May and If you wish to comment on the permit to the Office of Management and
August; (3) Having a qualified biologist application, HCP, and associated Budget’s Desk Officer for the
translocate any larval beetles unearthed documents, you may submit comments Department of the Interior by email at
during construction activities to a by any one of the methods in OIRA_Submission@omb.eop.gov; or via
portion of the project site outside of the ADDRESSES. facsimile to (202) 395–5806. Please
impact area that supports intact provide a copy of your comments to Dr.
vegetation; (4) Minimizing hardscaping Public Availability of Comments
Joe Herrin, Bureau of Indian Education,
associated with the project, and using Before including your address, phone 1849 C Street NW, MS–3620–MIB,
native Sandhills plants and non- number, email address, or other Washington, DC 20240; facsimile: (202)
invasive ornamental plants in landscape personal identifying information in your 208–7658; email: Joe.Herrin@BIE.edu.
areas; (5) Minimizing removal of native Please reference OMB Control Number
comment, you should be aware that
trees on the site, including the 1076–0122 in the subject line of your
your entire comment, including your
ponderosa pines and coast live oaks; (6) comments.
Revegetating areas of temporary habitat personal identifying information, may
be made publicly available at any time. FOR FURTHER INFORMATION CONTACT: To
disturbance with native and non-
invasive ornamental plants that do not While you can ask us in your comment request additional information about
degrade Mount Hermon June beetle to withhold your personal identifying this ICR, contact Dr. Joe Herrin, phone:
habitat; and (7) Securing off-site information from public view, we (202) 208–7658. You may also view the
mitigation at a ratio of 1:1 to mitigate for cannot guarantee that we will be able to ICR at http://www.reginfo.gov/public/
habitat impacts through the acquisition do so. do/PRAMain.
of 0.32 ac (14,031 sf) of conservation SUPPLEMENTARY INFORMATION: In
Authority accordance with the Paperwork
credits at the Zayante Sandhills
Conservation Bank. The applicant will We provide this notice under section Reduction Act of 1995, we provide the
fund all elements of the proposed 10 of the Act (16 U.S.C. 1531 et seq.) general public and other Federal
conservation strategy to ensure agencies with an opportunity to
and NEPA regulations (40 CFR 1506.6).
implementation of all minimization comment on new, proposed, revised,
measures, monitoring, and reporting Dated: October 11, 2018. and continuing collections of
requirements identified in the HCP. Stephen P. Henry, information. This helps us assess the
Field Supervisor, Ventura Fish and Wildlife impact of our information collection
Our Preliminary Determination requirements and minimize the public’s
Office.
The Service has made a preliminary [FR Doc. 2018–22748 Filed 10–18–18; 8:45 am] reporting burden. It also helps the
determination that issuance of the public understand our information
BILLING CODE 4333–15–P
incidental take permit is neither a major collection requirements and provide the
amozie on DSK3GDR082PROD with NOTICES1

Federal action that will significantly requested data in the desired format.
affect the quality of the human A Federal Register notice with a 60-
environment within the meaning of day public comment period soliciting
section 102(2)(C) of NEPA (42 U.S.C. comments on this collection of
4321 et seq.) nor that it will, information was published on April 9,
individually or cumulatively, have more 2018 (83 FR 15174). No comments were
than a negligible effect on the Mount received.

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Document Created: 2018-10-19 01:26:00
Document Modified: 2018-10-19 01:26:00

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 November 19, 2018.
Contact		Karen Sinclair, Fish and Wildlife
FR Citation		83 FR 53080

83 FR 53080 - Endangered and Threatened Wildlife and Plants; Availability of Habitat Conservation Plan and Categorical Exclusion for the Mount Hermon June Beetle, Santa Cruz County, California

DEPARTMENT OF THE INTERIORFish and Wildlife Service

Federal Register Volume 83, Issue 203 (October 19, 2018)

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service