[Federal Register Volume 78, Number 115 (Friday, June 14, 2013)]
[Notices]
[Pages 35951-35953]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-14135]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2013-N138; 1112-0000-81440-F2]


Proposed Low-Effect Habitat Conservation Plan for the City of 
Santa Cruz Graham Hill Water Treatment Plant, Santa Cruz County, 
California

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comment.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have 
received an application from the City of Santa Cruz (applicant) for a 
30-year incidental take permit under the Endangered Species Act of 
1973, as amended (Act). The proposed permit would authorize take of the 
federally endangered Mount Hermon June beetle (Polyphylla barbata) and 
the federally endangered Zayante band winged grasshopper (Trimerotropis 
infantilis), and will address associated impacts and conservation 
measures for the federally endangered Ben Lomond spineflower 
(Chorizanthe pungens var. hartwegiana), incidental to otherwise lawful 
activities associated with the operation and maintenance of the 
existing Graham Hill Water Treatment Plant, construction of new 
facilities, which have the potential for minor temporary and long-term 
impacts to Mount Hermon June beetle habitat within Santa Cruz County, 
California, and restoration activities at the mitigation site.
    The Service's proposed action is the issuance of a permit to the 
City of Santa Cruz for a low-effect habitat conservation plan (HCP) for 
incidental take of Mount Hermon June beetle and Zayante band-winged 
grasshopper. Associated impacts and conservation measures for Ben 
Lomond spineflower would also be included in the HCP. We are requesting 
comments on the applicant's permit application and on our preliminary 
determination that the proposed HCP qualifies as a low-effect HCP, 
eligible for a categorical exclusion under the National Environmental 
Policy Act (NEPA) of 1969, as amended. The basis for this determination 
is discussed in the Environmental Action Statement (EAS) and the 
associated low-effect screening form, which are available for public 
review, along with the draft HCP.

DATES: Written comments should be received on or before July 15, 2013.

ADDRESSES: You may download a copy of the HCP, draft Environmental 
Action Statement, Low-Effect Screening Form, 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, California 93003. Comments may also be sent by facsimile to 
(805) 644-3958.

FOR FURTHER INFORMATION CONTACT: Lena Chang, Fish and Wildlife 
Biologist, at the above address or by calling (805) 644-1766.

SUPPLEMENTARY INFORMATION: 

Background

    The Mount Hermon June beetle and Zayante band-winged grasshopper 
were listed by the U.S. Fish and Wildlife Service as endangered on 
January 1, 1997. The Ben Lomond spineflower was federally listed as 
endangered on February 4, 1994. 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: ``[T]o 
harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or 
collect, or to attempt to

[[Page 35952]]

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. ``Incidental Take'' is defined by the Act as 
take that is incidental to, and not the purpose of, carrying out of an 
otherwise lawful activity. Regulations governing incidental take 
permits for threatened and endangered species are, respectively, in the 
Code of Federal Regulations at 50 CFR 17.32 and 17.22. Issuance of an 
incidental take permit also must not jeopardize the existence of 
federally listed fish, wildlife, or plant species.
    However, take of listed plants is not prohibited under the Act 
unless such take would violate State law. As such, take of plants 
cannot be authorized under an incidental take permit. Plant species may 
be included on a permit in recognition of the conservation benefits 
provided them under a habitat conservation plan. Impacts to Ben Lomond 
spineflower as a result of restoration and management activities and 
associated conservation measures at the mitigation site would be 
addressed in the HCP and the permit. All species included in the 
incidental take permit would receive assurances under our ``No 
Surprises'' regulations (50 CFR 17.22(b)(5) and 17.32(b)(5)). In 
addition to meeting other criteria, actions undertaken through 
implementation of the HCP must not jeopardize the continued existence 
of federally listed plant or animal species.
    The City of Santa Cruz Water Department is a municipal utility. 
Santa Cruz is located on the central coast of California, where the San 
Lorenzo River flows into Monterey Bay at the northern end of the 
state's Central Coast hydrologic region. The applicant provides water 
service to an area approximately 30 square miles in size, including the 
entire city of Santa Cruz, adjoining unincorporated areas of Santa Cruz 
County, a small part of the city of Capitola, and coastal agricultural 
lands north of Santa Cruz. As part of the applicant's water system, the 
applicant operates the Graham Hill Water Treatment Plant. The Graham 
Hill Water Treatment Plant site contains habitat characteristics of the 
Zayante Sandhills that support the Mount Hermon June beetle.
    The HCP emphasizes protection of habitat through impact avoidance 
and use of conservation measures designed to avoid or minimize impacts 
to Mount Hermon June beetle. The applicant will supplement these 
conservation measures, or avoidance and minimization measures, with 
habitat restoration and enhancement measures, and other mitigation. 
Activities to be addressed under the HCP include the installation, use, 
maintenance, and repair of the applicant's existing Graham Hill Water 
Treatment Plant, typical expansions to the facility, and restoration 
activities at the mitigation site.
    The proposed HCP would authorize impacts to the Mount Hermon June 
beetle associated with the applicant's activities at the Graham Hill 
Water Treatment Plant, potential future impacts to Zayante band-winged 
grasshopper at the mitigation site should it occupy the site after 
restoration activities are completed, and impacts to Ben Lomond 
spineflower at the mitigation site as a result of restoration and 
management activities. Potential impacts to Mount Hermon June beetle 
would come from the daily operations and maintenance of the existing 
facilities and new construction. These activities would include, but 
not be limited to: inspection and monitoring of the facilities; 
mulching around ponderosa pines; landscape management; weed management; 
native planting; maintenance of vehicle access through grading of 
access roads, parking areas, or staging areas for future construction; 
facility maintenance; pipeline repair; and construction of new 
facilities. Specific details regarding these activities may be found in 
the HCP. Up to 5.7 acres of Mount Hermon June beetle habitat may be 
lost through implementation of the HCP over 30 years.
    The applicant proposes to implement general and specific 
conservation measures designed to avoid or minimize take of Mount 
Hermon June beetle and Zayante band-winged grasshopper, and associated 
impacts to Ben Lomond spineflower. To mitigate temporary impacts, the 
City will compensate for any future impacts by permanently protecting 
Sandhills habitat occupied by the Mount Hermon June beetle at the Bonny 
Doon property. To ensure mitigation in advance for impacts related to 
City activities covered by the HCP, as a primary strategy, the City 
will protect 17 acres at the Bonny Doon property in perpetuity. Of the 
17 acres to be protected and managed in perpetuity, 5.7 acres will be 
credited towards the HCP, while the remaining 11.3 acres may be used by 
the City to mitigate for impacts of future projects. As a secondary 
strategy, the City may purchase conservation credits at the Zayante 
Sandhills Conservation Bank. The City will also revegetate any area of 
temporary habitat loss on Zayante sandy soils at the water treatment 
facility with plants native to the Zayante Sandhills. Specific details 
regarding this mitigation measure can be found in the HCP.
    Two alternatives to the proposed action are considered in the HCP. 
Under the No Action Alternative, no permit would be issued and the 
applicant would avoid take of Mount Hermon June beetle and Zayante 
band-winged grasshopper, and impacts to Ben Lomond spineflower; 
however, avoidance of impacts would not be possible for some of the 
applicant's activities, precluding some critical projects from being 
completed. Under the Project-by-Project Alternative, take of Mount 
Hermon June beetle, Zayante band-winged grasshopper, and impacts to Ben 
Lomond spineflower would be addressed either through section 7 or 10 of 
the Act on a project-by-project basis. The proposed HCP provides more 
comprehensive conservation of Mount Hermon June beetle, Zayante band-
winged grasshopper, and Ben Lomond spineflower, than either of the two 
alternatives. In addition, the proposed HCP provides the applicant with 
long-term predictability concerning the nature of its operations for 
which incidental take is permitted, avoiding potential facility-
compromising delays.
    We are requesting comments on our preliminary determination that 
the applicant's proposal will have minor or negligible effects on the 
Mount Hermon June beetle, Zayante band-winged grasshopper, and Ben 
Lomond spineflower; and that the plan qualifies as a low-effect HCP as 
defined by our Habitat Conservation Planning Handbook (Service 1996). 
We base our determinations on three criteria: (1) Implementation of the 
proposed project as described in the HCP would result in minor or 
negligible effects on federally listed, proposed, and/or candidate 
species and their habitats; (2) implementation of the HCP would result 
in minor or negligible effects on other environmental values or 
resources; and (3) HCP impacts, considered together with those of other 
past, present, and reasonably foreseeable future projects, would not 
result in cumulatively significant effects. In our analysis of these 
criteria, we have made a preliminary determination that the approval of 
the HCP and issuance of an incidental take permit qualify for 
categorical exclusions under the NEPA (42 U.S.C. 4321 et seq.), as 
provided by the Department of Interior Manual (516 DM 2 Appendix 2 and 
516 DM 8); however, based upon our review of public comments that we 
receive in response to this notice, this preliminary determination may 
be revised.

[[Page 35953]]

Next Steps

    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) of the Act. We will also evaluate whether 
issuance of the incidental take permit would comply with section 7 of 
the Act by conducting an intra-Service section 7 consultation for the 
plan.

Public Review

    We provide this notice under section 10(c) of the Act and the NEPA 
public involvement regulations (40 CFR 1500.1(b), 1500.2(d), and 
1506.6). We are requesting comments on our determination that the 
applicant's proposal will have a minor or negligible effect on the 
Mount Hermon June beetle, Zayante band-winged grasshopper, and Ben 
Lomond spineflower, and that the plan qualifies as a ``low-effect'' HCP 
as defined by our 1996 Habitat Conservation Planning Handbook. 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) of the Act. We will also evaluate whether issuance of the 
section 10(a)(1)(B) permit would comply with section 7 of the Act by 
conducting intra-Service section 7 consultation for the 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 a permit to the 
applicant for the incidental take of Mount Hermon June beetle and 
Zayante band-winged grasshopper. We will make the final permit decision 
no sooner than 30 days after the date of this notice.

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, 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: June 10, 2013.
Diane K. Noda,
Field Supervisor, Ventura Fish and Wildlife Office, Ventura, 
California.
[FR Doc. 2013-14135 Filed 6-13-13; 8:45 am]
BILLING CODE 4310-55-P