[Federal Register Volume 79, Number 84 (Thursday, May 1, 2014)]
[Notices]
[Pages 24746-24748]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-09932]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2014-N073; FXES11120800000-145-FF08EVEN00]


Low-Effect Habitat Conservation Plan; Scotts Valley Multi-Agency 
Regional Intertie Project, Santa Cruz County, CA

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, have received an 
application from James Mueller, District Manager of the San Lorenzo 
Valley Water District, for a 5-year incidental take permit (ITP) under 
the Endangered Species Act of 1973, as amended (Act). The application 
addresses the potential for ``take'' of the federally endangered Mount 
Hermon June Beetle and Zayante band-winged grasshopper, and the 
federally threatened California red-legged frog, which is likely to 
occur incidental to the construction and maintenance of two water pump 
stations and an intertie pipeline connection on three parcels in 
central Santa Cruz County, California. We invite comments from the 
public on the application package, which includes a low-effect habitat 
conservation plan (HCP) for the three species for the Scotts Valley 
Multi-Agency Regional Intertie Project in Santa Cruz County, 
California.

DATES: To ensure consideration, please send your written comments by 
June 2, 2014.

ADDRESSES: You may download a copy of the habitat conservation plan, 
draft

[[Page 24747]]

environmental action Statement and low-effect screening form, and 
related documents on the Internet at http://www.fws.gov/ventura/, or 
you may request copies of the documents by U.S. mail or phone (see 
below). Please address written comments to Stephen P. Henry, Acting 
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: Chad J. Mitcham, Fish and Wildlife 
Biologist, by U.S. mail at the above address, or by telephone at (805) 
644-1766.

SUPPLEMENTARY INFORMATION: We have received an application from James 
Mueller, District Manager of the San Lorenzo Valley Water District, for 
a 5-year incidental take permit (ITP) under the Endangered Species Act 
of 1973, as amended (16 U.S.C. 1531 et seq.). The application addresses 
the potential for ``take'' of the federally endangered Mount Hermon 
June Beetle (Polyphylla barbata) and Zayante band-winged grasshopper 
(Trimerotropis infantilis), and the federally threatened California 
red-legged frog (Rana draytonii). This take is likely to occur 
incidental to the construction and maintenance of two water pump 
stations and an intertie water pipeline connection on three parcels in 
central Santa Cruz County, California. The applicant would implement a 
conservation program to minimize and mitigate project activities that 
are likely to result in take of the three species as described in their 
HCP. We invite comments from the public on the application package, 
which includes a low-effect HCP for the three species for the Scotts 
Valley Multi-Agency Regional Intertie Project in Santa Cruz County, 
California. This proposed action has been determined to be eligible for 
a categorical exclusion under the National Environmental Policy Act of 
1969, as amended (NEPA; 43 U.S.C. 4321 et seq.).

Background

    The U.S. Fish and Wildlife Service (Service) listed the Mount 
Hermon June beetle and Zayante band-winged grasshopper as endangered on 
January 24, 1997 (62 FR 3616), and listed the California red-legged 
frog as threatened on May 23, 1996 (61 FR 25813). 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: 
``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 section 10(a)(1)(B) of the Act, we may issue 
permits to authorize incidental take of listed species. The Act defines 
``Incidental Take'' as take that is not the purpose of carrying out of 
an otherwise lawful activity. Regulations governing ITPs for threatened 
and endangered species are provided at 50 CFR 17.32 and 17.22, 
respectively. Issuance of an ITP must not jeopardize the existence of 
federally listed fish, wildlife, or plant species.
    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 ITP. Plant species may be included on a permit in 
recognition of the conservation benefits provided them under a HCP. All 
species, including plants, covered by the ITP receive assurances under 
our ``No Surprises'' regulations (50 CFR 17.22(b)(5) and 17.32(b)(5)). 
In addition to meeting other specific criteria, actions undertaken 
through implementation of the HCP must not jeopardize the continued 
existence of federally listed animal or plant species.

Applicant's Proposal

    James Mueller (hereafter, the applicant) has submitted a low-effect 
HCP in support of his application for an incidental take permit (ITP) 
to address take of the Mount Hermon June beetle, Zayante band-winged 
grasshopper, and the California red-legged frog that is likely to occur 
as the result of direct impacts to up to 0.226 acres (ac) (9,831 square 
feet (sf)) of degraded Sandhills habitat that may be occupied by the 
species. Take would be associated with the construction, operation, and 
maintenance of two pump stations and a pipeline intertie connection on 
three existing parcels legally described as Assessor Parcel Numbers 
022-231-20, 066-221-06, and 061-371-16 and located in and around the 
City of Scotts Valley in central Santa Cruz County, California. The 
applicant is requesting a permit for take of Mount Hermon June beetle, 
Zayante band-winged grasshopper, and the California red-legged frog 
that would result from ``covered activities'' that include the 
construction, operation, and maintenance of two pump stations and a 
pipeline intertie connection.
    The applicant proposes to minimize and mitigate take of the Mount 
Hermon June beetle, Zayante band-winged grasshopper, and California 
red-legged frog associated with the covered activities by fully 
implementing the HCP.
    The following measures will be implemented:
    (1) Avoid impacts to these species by locating the new pipelines 
underneath existing roads;
    (2) Avoid construction during the flight seasons of the Mount 
Hermon June beetle and Zayante band-winged grasshopper, if practicable;
    (3) Cover exposed soils with erosion control fabric to prevent both 
species from burrowing into exposed soil at the construction site if 
soil-disturbing activities occur between May and October;
    (4) Engage the services of a qualified entomologist to relocate any 
larvae of the Mount Hermon June beetle unearthed during construction 
activities to suitable habitat outside of the impact area;
    (5) Use light bulbs that are certified not to attract nocturnally 
active insects, in order to minimize disruption of Mount Hermon June 
beetle breeding behavior during the adult flight season (i.e., if 
outdoor night lighting is to be included on the new pump stations);
    (6) Secure a Service-approved herpetologist to capture any 
California red-legged frogs that disperse into project work areas and 
to relocate them to suitable habitat outside of the impact area;
    (7) Mitigate both temporary and permanent impacts to Mount Hermon 
June beetle and Zayante band-winged grasshopper habitat through off-
site mitigation at a ratio of 1:1, through the acquisition of 0.226 ac 
(9,831 sf) of conservation credits from the Zayante Sandhills 
Conservation Bank; and
    (8) Fund up to $336,479.00, as needed, to ensure implementation of 
all minimization measures, monitoring, and reporting requirements 
identified in the HCP.
    In the proposed HCP, the applicant considers two alternatives to 
the proposed action: ``No Action'' and ``Project Redesign.'' Under the 
``No Action'' alternative, an ITP for the Scotts Valley Multi-Agency 
Intertie Project (project) would not be issued. The project would not 
be built, and the purchase of 9,831 sf of conservation credits would 
not be provided to effect recovery actions for the Mount Hermon June 
beetle and Zayante band-winged grasshopper in high-quality Sandhills 
habitat located at the Zayante Sandhills Conservation Bank. Because the 
proposed action results in a net benefit for the Mount Hermon June 
beetle and Zayante band-winged grasshopper, and the No Action 
Alternative does not meet

[[Page 24748]]

the applicant's need, the No Action Alternative has been rejected.
    Under the ``Project Redesign'' alternative, the project would be 
redesigned to avoid or further reduce take of Mount Hermon June beetle, 
Zayante band-winged grasshopper, and California red-legged frog. 
However, smaller pump stations cannot satisfy the San Lorenzo Valley 
Water District's need to regulate water flow in the new pipelines, and 
thus will not meet the applicant's need. Therefore, no reduced take can 
actually be realized. For this reason, the alternate design alternative 
has also been rejected.

Our Preliminary Determination

    We are requesting comments on our preliminary determination that 
the applicant's proposal will have a minor or negligible effect on the 
Mount Hermon June beetle, Zayante band-winged grasshopper, and 
California red-legged frog, and that the HCP qualifies to be processed 
as low effect as defined by our Habitat Conservation Planning Handbook 
(November 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 negligible effects on other environmental 
values or resources; and (3) project 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 approval of the HCP and issuance of an ITP qualify for categorical 
exclusion under the National Environmental Policy Act (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.

Next Steps

    We will evaluate the permit application, including the HCP and 
comments we receive, to determine whether the application meets the 
requirements of section 10(a)(1)(B) of the Act. We will also evaluate 
whether issuance of the ITP would comply with section 7(a)(2) of the 
Act by conducting an intra-Service Section 7 consultation.

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 
applicants' proposal will have a minor or neglible effect on the Mount 
Hermon June beetle, Zayante band-winged grasshopper, and California 
red-legged frog, 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 HCP and comments we 
receive, to determine whether the application meets the requirements of 
section 10(a)(1)(B) of the Act. We will use the results of our internal 
Service consultation, in combination with the above findings, in our 
final analysis to determine whether to issue the permits. If the 
requirements are met, we will issue an ITP to the applicant for the 
incidental take of Mount Hermon June beetle, Zayante band-winged 
grasshopper, and California red-legged frog. 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: April 25, 2014.
Stephen P. Henry,
Field Supervisor, Ventura Fish and Wildlife Office, Ventura, 
California.
[FR Doc. 2014-09932 Filed 4-30-14; 8:45 am]
BILLING CODE 4310-55-P