[Federal Register Volume 60, Number 216 (Wednesday, November 8, 1995)]
[Notices]
[Pages 56351-56352]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-27644]



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DEPARTMENT OF THE INTERIOR

Availability of an Environmental Assessment and Receipt of an 
Application for an Incidental Take Permit for the Endangered Smith's 
Blue Butterfly and Other Species of Special Concern on the North of 
Playa Project, Sand City, California

AGENCY: Fish and Wildlife, Interior.

ACTION: Notice of Availability.

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SUMMARY: D.B.O. Development Company of Pacific Grove, California, 
(applicant) has applied to the Fish and Wildlife Service (Service) for 
a 5-year incidental take permit pursuant to section 10(a)(1)(B) of the 
Endangered Species Act of 1973, as amended (Act). The Service proposes 
to issue an incidental take permit and provide assurances for the 
endangered Smith's blue butterfly (Euphilotes enoptes smithi), 
endangered sand gilia (Gilia tenuiflora ssp. arenaria), threatened 
Monterey spineflower (Chorizanthe pungens var. pungens), proposed 
endangered black legless lizard (Anniella pulchra nigra), and candidate 
sandmat manzanita (Arctostaphylos pumilla) and Monterey ceanothus 
(Ceanothus rigidus) on the proposed 33-acre North of Playa 
Redevelopment project site in Sand City, Monterey County, California. 
The proposed permit would be effective upon issuance for species 
currently listed under the Act. For unlisted covered species, the 
permit would become effective upon their listing under the Act. Plants 
would be covered to the extent that take is prohibited by the Act.
    This notice opens the comment period on the joint Environmental 
Assessment (EA) and permit application package, which includes the 
Habitat Conservation Plan (HCP) and Implementation Agreement (IA). All 

[[Page 56352]]
comments received, including names and addresses, will become part of 
the administrative record and may be made available to the public.

DATES: Written comments on the HCP, EA, and IA should be received on or 
before December 8, 1995.

ADDRESSES: Comments should be addressed to Ms. Diane Noda, Field 
Supervisor, U.S. Fish and Wildlife Service, 2493 Portola Road, Suite B, 
Ventura, California 93003. Written comments may also be sent by 
facsimile to (805) 644-3958. Please refer to permit no. PRT-808240 when 
submitting comments.

FOR FURTHER INFORMATION CONTACT: Ms. Catherine McCalvin, Fish and 
Wildlife Biologist, at the above address (805-644-1766).

SUPPLEMENTARY INFORMATION:

Availability of Documents

    Individuals wishing copies of the documents should immediately 
contact the Ventura Field Office at the above referenced address and 
telephone. Documents will also be available for public inspection, by 
appointment, during normal business hours at the above address.

Background

    D.B.O. Development Company proposes to develop a 33-acre site known 
as the North of Playa Redevelopment project site in Sand City, Monterey 
County, California. This site is known to support populations of the 
endangered Smith's blue butterfly, the endangered sand gilia, and the 
threatened Monterey spineflower. The site also supports populations of 
the black legless lizard, proposed for listing as an endangered 
species, and the sandmat manzanita and Monterey ceanothus, candidates 
for listing.
    Listed animal species are protected pursuant to section 9 of the 
Act against take; that is, no one may harass, harm, pursue, hunt, 
shoot, wound, kill, trap, capture or collect the species, or attempt to 
engage in such conduct (16 USC 1538). The Service, however, may issue 
permits to take listed animal species if such taking is incidental to, 
and not the purpose of, otherwise lawful activities. Regulations 
governing permits for endangered and threatened species are at 50 CFR 
17.22 and 17.32. Although no incidental take authorization is required 
for listed plant species, impacts to these species must be addressed in 
the intra-Service consultation required pursuant to section 7(a) of the 
Act.
    The EA considers the environmental consequences of four 
alternatives: proposed action, no action, reduced intensity 
development, and no development. The reduced intensity and no 
development alternatives were found infeasible because they are 
inconsistent with Sand City's development goals and because they would 
not substantially benefit the species discussed above.
    The proposed action would result in the loss of approximately 6 
acres of coastal dune scrub habitat and ruderal vegetation. This action 
could directly and indirectly affect the species described above. The 
Service would issue an incidental take permit to the applicant for the 
take of the endangered Smith's blue butterfly. In addition, the 
applicant seeks Federal assurances that no additional land restrictions 
or financial compensation would be required for species adequately 
covered by the HCP. To accomplish this, all species covered in the HCP 
would be included in the incidental take permit on the condition that 
avoidance, minimization, and reserve management measures identified for 
these species in the HCP are implemented.
    The proposed Federal action would authorize the incidental take of 
all Smith's blue butterflies on approximately five clusters of host 
plants (Eriogonum parvifolium and E. latifolium) on approximately 0.5 
acre that historically supported varying numbers of the Smith's blue 
butterfly. Issuance of the permit would also result in the loss of 6 
acres of relatively low quality habitat for the black legless lizard. 
Between 10 and 59 individual black legless lizards could occur in this 
portion of the site. In addition, three of the four existing colonies 
of sand gilia documented on the site, and all Monterey spineflowers 
would be removed. In 1995, approximately 1,000 and 1,200 individuals, 
respectively, of these annual species were detected on-site. Issuance 
of the permit would result in the removal of all of the sandmat 
manzanita (approximately 262 plants) and Monterey ceanothus 
(approximately 203 plants) currently identified on the project site.
    The proposed action would establish and provide management for a 
mitigation area of approximately 4.6 acres where coastal dune scrub 
vegetation and associated special status species would be restored, 
enhanced, and protected in perpetuity. Included in this mitigation area 
would be approximately 1.5 acres of existing Smith's blue butterfly 
habitat which is proposed to be expanded through establishment of 
additional buckwheat foodplants and removal of non-native invasive 
vegetation. The black legless lizard and special status plant species 
would be salvaged from the project site and relocated to the mitigation 
site. Funds for relocation, restoration, and monitoring for 5 years 
would be provided by the applicant. Long-term maintenance of the area 
would be the responsibility of Sand City, which would receive and 
administer annual project-assessment fees specifically for maintenance 
of the habitat area.
    The no action or no permit alternative would result in buildout of 
the project site as approved by Sand City with avoidance of and 
setbacks from the Smith's blue butterfly foodplants. Approximately 600 
sand gilia plants would be removed under this alternative. Impacts to 
the other species would be similar to the proposed action alternative. 
However, none of the mitigation measures proposed under the proposed 
action alternative for these species, including restoration and 
protection of the mitigation area, would occur.
    This notice is provided pursuant to section 10(c) of the Act and 
National Environmental Policy Act (NEPA) regulations (40 CFR 1506.6). 
The Service will evaluate the application, associated documents, and 
comments submitted thereon to determine whether the application meets 
the requirements of NEPA regulations and section 10(a) of the Act. If 
the Service determines that the requirements are met, an incidental 
take permit will be issued for covered species. The final NEPA and 
permit determinations will be made no sooner than 30 days from the date 
of this notice.

    Dated: November 1, 1995.
David L. McMullen,
Acting Deputy Regional Director, Region 1, Portland, Oregon.
[FR Doc. 95-27644 Filed 11-7-95; 8:45 am]
BILLING CODE 4310-55-P