[Federal Register Volume 71, Number 244 (Wednesday, December 20, 2006)]
[Notices]
[Pages 76359-76361]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-21714]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Receipt of an Application for an Incidental Take Permit for the
Tucker Pond Low Effect Habitat Conservation Plan, Santa Cruz County,
California
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability.
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SUMMARY: Doug and Jennifer Ross (Applicants) have applied to the U.S.
Fish and Wildlife Service (Service or ``we'') for an incidental take
permit pursuant to section 10(a)(1)(B) of the Endangered Species Act of
1973, as amended (Act). We are considering issuing a 10-year permit to
the Applicants that would authorize take of the federally endangered
Santa Cruz long-toed salamander (Ambystoma macrodactylum croceum) and
the threatened California red-legged frog (Rana aurora draytonii)
incidental to otherwise lawful activities associated with the
construction of private residential facilities on 16.5 acres of their
99-acre property in Aptos, Santa Cruz County, California.
We are requesting comments on the permit application and on our
preliminary determination that the proposed Habitat Conservation Plan
(HCP) qualifies as a ``low effect'' HCP, eligible for a categorical
exclusion under the National Environmental Policy Act (NEPA) of 1969,
as amended. We explain the basis for this possible determination in a
draft Environmental Action Statement (EAS) and associated Low Effect
Screening Form. The Applicants' low effect HCP describes the mitigation
and minimization measures they would implement, as required in Section
10(a)(2)(B) of the Act, to address the effects of the project on the
Santa Cruz long-toed salamander and California red-legged frog. These
measures are outlined in the SUPPLEMENTARY INFORMATION section below.
The draft HCP and EAS are available for public review.
DATES: Written comments should be received on or before January 19,
2007.
ADDRESSES: Please address written comments to Diane Noda, Field
Supervisor, Ventura Fish and Wildlife Office, U.S. Fish and Wildlife
Service, 2493 Portola Road, Ventura, California 93003. You may also
send comments by facsimile to (805) 644-3958. To obtain copies of draft
documents, see ``Availability of Documents'' under SUPPLEMENTARY
INFORMATION.
FOR FURTHER INFORMATION CONTACT: Bill McIver, Fish and Wildlife
Biologist, (see ADDRESSES) telephone: (805) 644-1766 extension 234.
SUPPLEMENTARY INFORMATION:
[[Page 76360]]
Availability of Documents
You may obtain copies of the application, HCP, and EAS by
contacting the Fish and Wildlife Biologist (see FOR FURTHER INFORMATION
CONTACT). Documents will also be available for review by appointment,
during normal business hours, at the Ventura Fish and Wildlife Office
(see ADDRESSES) or via the Internet at: http://www.fws.gov/ventura.
Background
Section 9 of the 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 mean harass, harm, pursue, hunt, shoot, wound, kill, trap, capture,
or collect, or to attempt to engage in any such conduct. However, the
Service, under limited circumstances, may 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 at 50 CFR 17.32 and 17.22, respectively. The taking
prohibitions of the Act do not apply to federally listed plants on
private lands unless such take would violate State law. Among other
criteria, issuance of such permits must not jeopardize the existence of
federally listed fish, wildlife, or plants.
The Applicants own 99 acres of property (Ross Property) that
includes grassland and coastal brush scrub habitats, in Aptos,
California. The project site is located northeast of Highway 1 and
south of Freedom Boulevard, in Aptos, Santa Cruz County, California.
Typical land uses in the area surrounding the project site include
several rural residences, a high school, and undeveloped oak woodland
areas. The Applicants propose to construct on approximately 16.5 acres
of land: A 7,500 square foot house with associated landscaping (main
residence), a single-family dwelling, a 1,500 square foot caretaker
house, a 2,000 square foot winemaking and agricultural equipment
storage facility, a 2,000 square foot barn, septic systems, a swimming
pool, a tennis court, a vineyard of approximately 5 acres, and an
orchard.
The Applicants propose to implement the following measures to
minimize and mitigate take of the Santa Cruz long-toed salamander and
California red-legged frog: Establish (with a conservation easement)
and monitor a 38.8-acre preserve for the benefit of the Santa Cruz
long-toed salamander and California red-legged frog; hire a Service-
approved monitor and biologist; implement a construction worker
education program; ensure monitoring of all grading, clearing, and
other ground disturbing activities; mark construction area boundaries;
construct drift fencing around construction area; control trash
accumulation and install covered trash receptacles; install screens on
irrigation, electrical, and other equipment to exclude Santa Cruz long-
toed salamanders; surround the swimming pool with curbs to exclude
Santa Cruz long-toed salamanders; remove nonnative plants; control
bullfrogs; construct signs; use best management practices; and
implement other minimization measures. The conservation easement would
be held by the Center for Natural Lands Management, a non-profit
conservation organization located in Fallbrook, California.
The impacts from the construction activities and use of the
property associated with this residential construction project are
considered to be negligible to the two species as a whole because: (1)
The amount of habitat being disturbed is small relative to the amount
of habitat available within the Applicant's property, Santa Cruz area,
and within the range of the species; (2) most of the areas that would
be disturbed during construction probably support few, if any, Santa
Cruz long-toed salamanders and California red-legged frogs; (3)
construction activities are not expected to affect Tucker Pond, where
Santa Cruz long-toed salamanders are known to occur; (4) no sheltering
habitat for Santa Cruz long-toed salamanders would be removed; and (5)
California red-legged frogs are not expected to be present in the dry
grasslands where the project will be built.
The Service's proposed action is to issue an incidental take permit
to the Applicants, who would then implement the HCP. Two alternatives
to the taking of listed species under the proposed action are
considered in the HCP. Under the No-Action Alternative, no permit would
be issued, the proposed project would not occur, and the HCP would not
be implemented. This would avoid immediate effects of construction and
use of the property on the Santa Cruz long-toed salamander and
California red-legged frog. However, under this alternative, the
Applicants would not be able to develop their property, and
conservation measures for the Santa Cruz long-toed salamander and
California red-legged frog would not be implemented. A second
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 oak woodland, which is essential sheltering habitat for
the Santa Cruz long-toed salamander. The Service considers the proposed
development footprint as more desirable than development elsewhere on
the property because the modification of habitat for the Santa Cruz
long-toed salamander and California red-legged frog would not be
significant, and establishment of a conservation easement including the
breeding pond and upland habitat would benefit the Santa Cruz long-toed
salamander and California red-legged frog.
The Service has made a preliminary determination that the HCP
qualifies as a ``low effect'' HCP as defined by its Habitat
Conservation Planning Handbook (November 1996). Our determination that
a HCP 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 EAS and associated Low
Effect Screening Form, the Applicant's proposed HCP qualifies as a
``low-effect'' plan for the following reasons:
(1) Approval of the HCP would result in minor or negligible effects
on the Santa Cruz long-toed salamander and California red-legged frog
and their habitats. The Service does not anticipate significant direct
or cumulative effects to the Santa Cruz long-toed salamander or
California red-legged frog resulting from development and use of the
Ross Property.
(2) Approval of the HCP would not have adverse effects on unique
geographic, historic, or cultural sites, or involve unique or unknown
environmental risks.
(3) Approval of the HCP 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
[[Page 76361]]
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 HCP 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 HCP qualifies as a categorical exclusion under the
NEPA, 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 NEPA documentation.
The Service will consider public comments in making its final
determination on whether to prepare such additional documentation.
We will evaluate the permit application, the HCP, 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 to the Applicants.
Public Review and Comment
If you wish to comment on the permit application, draft
Environmental Action Statement or the proposed HCP, you may submit your
comments to the address listed in the ADDRESSES section of this
document. Our practice is to make comments, including names, home
addresses, etc., of respondents available for public review. Individual
respondents may request that we withhold their names and/or home
addresses, etc., but if you wish us to consider withholding this
information you must state this prominently at the beginning of your
comments. In addition, you must provide a rationale demonstrating and
documenting that disclosure would constitute a clearly unwarranted
invasion of privacy. In the absence of exceptional, documented
circumstances, this information will be released. All submissions from
organizations or businesses, and from individuals identifying
themselves as representatives or officials of organizations or
businesses, are available for public inspection in their entirety.
The Service provides this notice pursuant to section 10(c) of the
Act and pursuant to implementing regulations for NEPA (40 CFR 1506.6).
Dated: December 13, 2006.
Diane K. Noda,
Field Supervisor, Ventura Fish and Wildlife Office, Ventura,
California.
[FR Doc. E6-21714 Filed 12-19-06; 8:45 am]
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