[Federal Register Volume 66, Number 60 (Wednesday, March 28, 2001)]
[Notices]
[Pages 16956-16957]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-7607]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Availability of a Habitat Conservation Plan and Receipt of an 
Application for an Incidental Take Permit for the Wildcat Line Single-
Family Residence Project, Monterey County, California

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability and receipt of application.

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SUMMARY: Wildcat Line (Applicant), a California limited partnership, 
has applied to the Fish and Wildlife Service (Service) for an 
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 a 10-year permit that would authorize take of the endangered 
Smith's blue butterfly (Euphilotes enoptes smithi) incidental to 
otherwise lawful activities. Such take would occur as a result of 
development of one single-family residence within an 11.46-acre parcel 
owned by the Applicant and located in Carmel Highlands, in Monterey 
County, California. Development would result in the loss of 0.8 acre of 
coastal sage scrub habitat, which supports an estimated 4,923 
individuals of seacliff buckwheat (Eriogonum parvifolium), a host plant 
for the Smith's blue butterfly.
    We request comments from the public on the permit application, 
which is available for review. The application includes a Habitat 
Conservation Plan (Plan). The Plan describes the proposed project and 
the measures that the Applicant would undertake to minimize and 
mitigate take of the Smith's blue butterfly.
    We also request comments on our preliminary determination that the 
Plan qualifies as a ``low-effect'' habitat conservation plan, eligible 
for a categorical exclusion under the National Environmental Policy 
Act. The basis for this determination is discussed in an Environmental 
Action Statement, which is also available for public review.

DATES: Written comments should be received on or before April 27, 2001.

ADDRESSES: Send written comments to Ms. Diane Noda, Field Supervisor, 
U.S. Fish and Wildlife Service, 2493 Portola Road, Suite B, Ventura, 
California 93003. Comments may be sent by facsimile to (805) 644-3958.

FOR FURTHER INFORMATION CONTACT: Ms. Diane Pratt, Fish and Wildlife 
Biologist, at the above address or call (805) 644-1766.

SUPPLEMENTARY INFORMATION:

Document Availability

    Please contact the above office if you would like copies of the 
application, Plan, and Environmental Action Statement. Documents also 
will be available for review by appointment, during normal business 
hours at the above address.

Background

    Section 9 of the Endangered Species Act and Federal regulation 
prohibit the ``take'' of fish or wildlife species listed as endangered 
or threatened, respectively. Take of listed fish or wildlife is defined 
under the Act to include kill, harm, or harass. The Service may, under 
limited circumstances, issue permits to authorize incidental take; 
i.e., take that is incidental to, and not the purpose of, the carrying 
out of an otherwise lawful activity. Regulations governing incidental 
take permits for threatened and endangered species are found in 50 CFR 
17.32 and 17.22, respectively.
    The Wildcat Line Single-Family Residence project area is located 
east of Highway 1, southeast of Yankee Point, and north of Malpaso 
Creek in Carmel Highlands, Monterey County. The Applicant is requesting 
a 10-year incidental take permit for the Smith's blue butterfly.
    The proposed project is development of a single-family residence on 
an 11.46-acre parcel. The Applicant proposes to grade the upper 
portions of the finger ridge to provide an area suitable for 
construction of one single-family residence. Other improvements to the 
site include an all-weather driveway, a picnic area, a new water tank 
and access

[[Page 16957]]

road, a septic leach field, drainage and erosion control improvements, 
a footpath, and landscaping. The project parcel was formerly part of a 
466-acre parcel, of which 439 acres have been designated for watershed 
and scenic conservation due to policies of the Carmel Area Land Use 
Plan, topography too steep to build on, and the efforts of Mr. Dan 
Keig. This area is zoned ``WSC/199'', or one residential lot per 199-
acre lot. Approximately 7.8 acres, or 68 percent, of the 11.46-acre 
parcel consist of slopes that are equal to or greater than 30 percent 
and are therefore protected from development under a scenic easement 
held by Monterey County, pursuant to section 20.146.120.A.6 of the 
Coastal Implementation Plan.
    The project would disturb a 1.56-acre area (impact area), of which 
0.8 acre is coastal sage scrub dominated by seacliff buckwheat, a 
larval and adult host plant of the Smith's blue butterfly, federally 
listed as endangered under the Act. The Applicant has submitted a Plan 
to minimize and mitigate for the removal of approximately 4,923 
individual plants of seacliff buckwheat, considered suitable habitat 
for the Smith's blue butterfly, which grow within the impact area. The 
project site does not contain any other threatened or endangered 
species or habitat. No critical habitat for any listed species occurs 
on the project site. Approximately 2.93 acres (26 percent) of the 
11.46-acre parcel is characterized by Monterey pine (Pinus radiata), 
which is included on the California Native Plant Society List 1B as a 
species that is rare, threatened or endangered in California and 
elsewhere. Lewis' clarkia (Clarkia lewisii), a Calfornia Native Plant 
Society List 4 plant (species with limited distribution), grows at the 
project site in association with the coastal sage scrub plant 
community.
    Under the Plan, the 0.8 acre of coastal sage scrub habitat 
dominated by seacliff buckwheat and affected by the proposed project 
would be replaced with 0.97 acre of restored coastal sage scrub habitat 
elsewhere on the project site. To mitigate the effects of take on the 
Smith's blue butterfly, the impacted seacliff buckwheat plants 
providing foraging habitat would be replaced at a 1:1 ratio and 
established in the restored and existing coastal sage scrub habitat at 
the project site. In addition, approximately 9.86 acres of the 11.46-
acre site, of which approximately 7.19 acres is coastal sage scrub 
habitat, would be protected in perpetuity through placement of a deed 
restriction and establishment of an endowment for long term management.
    The Service's Proposed Action consists of the issuance of an 
incidental take permit and implementation of the Plan, which includes 
measures to minimize and mitigate impacts of the project on the Smith's 
blue butterfly. Two alternatives to the taking of listed species under 
the Proposed Action are considered in the Plan. Under the No Action 
Alternative, no permit would be issued. However, this alternative would 
result in an economic burden to the Applicant and conservation measures 
for the Smith's blue butterfly, such as exotic weed eradication, would 
not be implemented. Another alternative would result in a redesigned 
project with the relocation of the development footprint to another 
portion of the parcel. However, much of the property is too steep to be 
developed, and relocation of the footprint to the western portion of 
the property would result in the removal of an undetermined number of 
Monterey pine trees. The Service considers the proposed development 
footprint as more desirable than development elsewhere on the property 
because the potential reduction of take of Smith's blue butterflies and 
reduction of modification of their habitat would not be significant.
    The Service has made a preliminary determination that the Plan 
qualifies as a ``low-effect'' plan as defined by its Habitat 
Conservation Planning Handbook (November 1996). Our determination that 
a habitat conservation plan qualifies as a low-effect plan is based on 
the following three criteria: (1) Implementation of the plan would 
result in minor or negligible effects on federally listed, proposed, 
and candidate species and their habitats; (2) implementation of the 
plan would result in minor or negligible effects on other environmental 
values or resources; and (3) impacts of the plan, considered together 
with the impacts of other past, present and reasonably foreseeable 
similarly situated projects would not result, over time, in cumulative 
effects to environmental values or resources which would be considered 
significant. As more fully explained in our Environmental Action 
Statement, the Applicant's Plan for the Wildcat Line Single-Family 
Residence Project qualifies as a ``low-effect'' plan for the following 
reasons:
    1. Approval of the Plan would result in minor or negligible effects 
on the Smith's blue butterfly and its habitat. The Service does not 
anticipate significant direct or cumulative effects to the Smith's blue 
butterfly resulting from development of the Wildcat Line Single-Family 
Residence Project.
    2. Approval of the Plan would not have adverse effects on unique 
geographic, historic or cultural sites, or involve unique or unknown 
environmental risks.
    3. Approval of the Plan would not result in any cumulative or 
growth inducing impacts and, therefore, would not result in significant 
adverse effects on public health or safety.
    4. The project does not require compliance with Executive Order 
11988 (Floodplain Management), Executive Order 11990 (Protection of 
Wetlands), or the Fish and Wildlife Coordination Act, nor does it 
threaten to violate a Federal, State, local or tribal law or 
requirement imposed for the protection of the environment.
    5. Approval of the Plan would not establish a precedent for future 
actions or represent a decision in principle about future actions with 
potentially significant environmental effects.
    The Service therefore has made a preliminary determination that 
approval of the Plan qualifies as a categorical exclusion under the 
National Environmental Policy Act, as provided by the Department of the 
Interior Manual (516 DM 2, Appendix 1 and 516 DM 6, Appendix 1). Based 
upon this preliminary determination, we do not intend to prepare 
further National Environmental Policy Act documentation. The Service 
will consider public comments in making its final determination on 
whether to prepare such additional documentation.
    The Service provides this notice pursuant to section 10(c) of the 
Endangered Species Act. We will evaluate the permit application, the 
Plan, and comments submitted thereon to determine whether the 
application meets the requirements of section 10 (a) of the Act. If the 
requirements are met, the Service will issue a permit for the 
incidental take of the Smith's blue butterfly from development of the 
Wildcat Line Single-Family Residence Project area. We will make the 
final permit decision no sooner than 30 days from the date of this 
notice.

    Dated: March 13, 2001.
Miel R. Corbett,
Deputy Manager, California/Nevada Operations Office, Sacramento, 
California.
[FR Doc. 01-7607 Filed 3-27-01; 8:45 am]
BILLING CODE 4130-55-P