[Federal Register Volume 75, Number 83 (Friday, April 30, 2010)]
[Notices]
[Pages 22835-22836]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10086]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2010-N087; 1112-0000-81440-F2]


Endangered and Threatened Wildlife and Plants; Permits, Santa 
Cruz County, CA

AGENCY: U.S. Fish and Wildlife Service, Interior.

ACTION: Notice of availability.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have 
received applications from William Menchine and Alicia Stanton and the 
San Lorenzo Valley Water District (applicants) for incidental take 
permits under the Endangered Species Act of 1973, as amended (Act). We 
are considering issuing permits that would authorize the applicants' 
take of the Federally endangered Mount Hermon June beetle (Polyphylla 
barbata) incidental to otherwise lawful activities that would result in 
the permanent loss of 0.05 acre (2,182 square feet (sq ft)) of Mount 
Hermon June beetle habitat near Santa Cruz, Santa Cruz County, 
California. We invite comments from the public on the applications, 
which include Habitat Conservation Plans (HCPs) that fully describe the 
proposed projects and measures the applicants would undertake to 
minimize and mitigate anticipated take of the species. We also invite 
comments on our preliminary determination that the HCPs qualify as 
``low-effect'' plans, eligible for categorical exclusions under the 
National Environmental Policy Act (NEPA) of 1969, as amended. We 
explain the basis for this determination in our draft Environmental 
Action Statements and associated Low-Effect Screening Forms, both of 
which are also available for review.

DATES: To ensure consideration, please send your written comments by 
June 1, 2010.

ADDRESSES: You may download a copy of the permit applications, plans, 
and related documents on the Internet at http://www.fws.gov/ventura/, 
or you may request documents by U.S. mail or phone (see below). Please 
address written comments to Diane K. Noda, 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: Jen Lechuga, HCP Coordinator, at the 
Ventura address above, or by telephone at (805) 644-1766, extension 
224.

SUPPLEMENTARY INFORMATION: 

Background

    The Mount Hermon June beetle was listed as endangered on January 
24, 1997 (62 FR 3616). Section 9 of the Act (16 U.S.C. 1531 et seq.) 
and our implementing Federal regulations in the Code of Federal 
Regulations (CFR) at 50 CFR part 17 prohibit the ``take'' of fish or 
wildlife species listed as endangered or threatened. Take of listed 
fish or wildlife is defined under the Act as ``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 limited 
circumstances, we 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 at 50 CFR 17.32 and 
17.22, respectively. The Act's take prohibitions do not apply to 
Federally listed plants on private lands unless such take would violate 
State law. In addition to meeting other criteria, an incidental take 
permit's proposed actions must not jeopardize the existence of 
Federally listed fish, wildlife, or plants.
    Reconstruction of the home's failing foundation and construction of 
a retaining wall for the Menchine HCP would take place within a 0.44-
acre parcel (APN 060-361-03) located at 6 Lyle Way near the city of 
Santa Cruz, Santa Cruz County, California. The parcel contains Zayante 
sand soils and vegetation consisting primarily of landscaping. The 
parcel is presumed to be occupied by the Mount Hermon June beetle, as 
the species is known to occur approximately 650 feet to the north of 
the property. Implementation of the project would result in impacts to 
a total of 0.05 acre (1,993 sq ft) of habitat for the Mount Hermon June 
beetle. Impacts would result in the permanent loss of 0.04 acre (1,543 
sq ft) and the temporary loss of 0.01 acre (450 sq ft) of Mount Hermon 
June beetle habitat. The Menchines propose to implement the following 
measures to minimize and mitigate for the loss of Mount Hermon June 
beetle habitat within the permit area: (1) Applicants will purchase 
0.05 acre (1,993 sq ft) of conservation credits at the Ben Lomond 
Sandhills Preserve of the Zayante Sandhills Conservation Bank, operated 
by PCO, LLC; (2) a qualified biologist will oversee construction and 
provide worker training on the Mount Hermon June beetle and 
requirements of the HCP; (3) temporary fencing will be installed to 
demarcate the impact area from the remainder of the property; (4) any 
life stages of the Mount Hermon June beetle will be captured and 
relocated if one is observed in an area that would be impacted; (5) 
dust control measures will be implemented to reduce impacts to the 
Mount Hermon June beetle and its habitat; (6) the 0.01-acre (450-sq-ft) 
area of temporary habitat disturbance will be revegetated with native 
Sandhills plant species; and (7) all exposed soils will be covered with 
impermeable material if construction occurs during the species' flight 
season.
    The Menchine HCP considers three alternatives to the taking of 
Mount Hermon June beetle. The No Action alternative would maintain 
current conditions, the project would not be implemented, and an 
incidental take permit application would not be submitted to the 
Service. The second alternative would involve a redesign of the 
project. The project would be reduced in scale under this alternative; 
however, is not practical, as the home's foundation requires repair, 
and a retaining wall is necessary for slope stabilization. The third 
alternative is the proposed action, which includes issuing an 
incidental take permit to the applicants, who would then implement the 
HCP.
    Construction of a pump house and pipeline for the Ma[ntilde]ana 
Woods HCP would take place primarily at 140 Elena Court (APN 067-081-
55), a 10.6-acre parcel, with a small portion crossing through 324 
Blueberry Drive (APN 067-081-41), a 1.8-acre parcel. Both parcels are 
located just southwest of the City of Scotts Valley, Santa Cruz County, 
California. The applicant has received authorization from the two 
landowners to implement the project on private land. Both parcels 
contain Zayante sand soils with vegetation consisting of native and 
nonnative plant species and mixed evergreen forest. The parcels are 
presumed to be occupied by the Mount Hermon June beetle, as the species 
is known to occur at several locations within 0.75 mile of the project 
area.
    The Ma[ntilde]ana Woods project would result in impacts to a total 
of 0.05 acre

[[Page 22836]]

(1,942 sq ft) of habitat for the Mount Hermon June beetle. Impacts 
would result in the permanent loss of 0.02 acre (639 sq ft), and the 
temporary loss of 0.03 acre (1,303 sq ft) of habitat for the species. 
The applicant proposes to implement the following measures to minimize 
and mitigate for the loss of Mount Hermon June beetle habitat within 
the permit area: (1) Applicant will purchase 0.05 acre (1,942 sq ft) of 
conservation credits at the Ben Lomond Sandhills Preserve of the 
Zayante Sandhills Conservation Bank, operated by PCO, LLC; (2) a 
qualified biologist will oversee construction and provide worker 
training on the Mount Hermon June beetle and requirements of the HCP; 
(3) any life stages of the Mount Hermon June beetle will be captured 
and relocated if one is observed in an area that would be impacted; (4) 
the use of outdoor night lighting will be minimized to avoid disrupting 
the species' breeding activity; (5) no landscaping will be used in 
order to avoid adverse effects to the species; and (6) all exposed soil 
will be covered with impermeable material if construction occurs during 
the species' flight season.
    In the Ma[ntilde]ana Woods HCP, three alternatives to the taking of 
listed species are considered. The No Action alternative would maintain 
current conditions, the project would not be implemented, and an 
incidental take permit application would not be submitted to the 
Service. The second alternative would involve a project redesign that 
would relocate construction to the mixed evergreen forest habitat on 
site. This option was rejected because the location was deemed 
suboptimal, potentially resulting in substandard performance, and the 
pipeline installation would be significantly greater, resulting in 
undue financial burden on the applicant. The third alternative is the 
proposed action, which includes issuing an incidental take permit to 
the applicant, who would then implement the HCP.
    We are requesting comments on our preliminary determination that 
both applicants' proposals will have a minor or negligible effect on 
the Mount Hermon June beetle, and that the HCPs both qualify as ``low-
effect'' HCPs as defined by our Habitat Conservation Planning Handbook 
(November 1996). We base our determination that the plans qualify as 
low-effect HCPs on the following three criteria: (1) Implementation of 
the HCPs would result in minor or negligible effects on Federally 
listed, proposed, and candidate species and their habitats; (2) 
implementation of the HCPs would result in minor or negligible effects 
on other environmental values or resources; and (3) impacts of the 
HCPs, considered together with the impacts of other past, present, and 
reasonably foreseeable similarly situated projects, would not result, 
over time, in cumulative effects to the environmental values or 
resources that would be considered significant. As more fully explained 
in our Environmental Action Statements and associated Low-Effect 
Screening Forms, both applicants' proposed HCPs qualify as ``low-
effect'' HCPs for the following reasons:
    (1) Approval of the HCPs would result in minor or negligible 
effects on the Mount Hermon June beetle and its habitat. We do not 
anticipate significant direct or cumulative effects to the Mount Hermon 
June beetle resulting from the proposed projects;
    (2) Approval of the HCPs would not have adverse effects on unique 
geographic, historic, or cultural sites, or involve unique or unknown 
environmental risks;
    (3) Approval of the HCPs would not result in any cumulative or 
growth-inducing impacts and would not result in significant adverse 
effects on public health or safety;
    (4) The projects do not require compliance with Executive Order 
(E.O.) 11988 (Floodplain Management), Executive Order 11990 (Protection 
of Wetlands), or the Fish and Wildlife Coordination Act, nor do they 
threaten to violate a Federal, State, local, or Tribal law or 
requirement imposed for the protection of the environment; and
    (5) Approval of the HCPs would not establish a precedent for future 
actions or represent a decision in principle about future actions with 
potentially significant environmental effects.
    We, therefore, have made the preliminary determination that 
approval of the HCPs and incidental take permits qualify as categorical 
exclusions under the National Environmental Policy Act (NEPA; 42 U.S.C. 
4321 et seq.), as provided by the Department of the Interior Manual 
(516 DM 2 Appendix 1 and 516 DM 8). Based on our review of public 
comments that we receive in response to this notice, we may revise the 
preliminary determinations.

Next Steps

    We will evaluate the HCPs and comments we receive to determine 
whether the permit applications meet the requirements of section 10(a) 
of the Act (16 U.S.C. 1531 et seq.). If we determine that the 
applications meet these requirements, we will issue two permits for the 
incidental take of the Mount Hermon June beetle. We will also evaluate 
whether issuance of the section 10(a)(1)(B) permits would comply with 
section 7 of the Act by conducting intra-Service section 7 
consultations for each plan. We will use the results of these 
consultations, in combination with the above findings, in our final 
analysis to determine whether or not to issue the permits. If the 
requirements are met, we will issue the permits to the applicants.

Public Comments

    If you wish to comment on the permit applications, plans, 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, e-mail address, or 
other personal identifying information in your comments, 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 review, 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: April 23, 2010.
Diane K. Noda,
Field Supervisor, Ventura Fish and Wildlife Office, Ventura, 
California.
[FR Doc. 2010-10086 Filed 4-29-10; 8:45 am]
BILLING CODE 4310-55-P