[Federal Register Volume 79, Number 96 (Monday, May 19, 2014)]
[Notices]
[Pages 28764-28765]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-11477]



[[Page 28764]]

-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2014-N076; FXES11120800000-145-FF08EVEN00]


Low-Effect Habitat Conservation Plan for the Morro Shoulderband 
Snail; Charvonia Parcel, Community of Los Osos, San Luis Obispo County, 
California

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comment.

-----------------------------------------------------------------------

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have 
received an application from Linda and Russ Charvonia for a 10-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 Morro shoulderband snail that is likely to 
occur incidental to the construction, maintenance, and occupation of a 
single-family residence and implementation of a conservation strategy 
on an existing legal single-family-zoned parcel in Los Osos, San Luis 
Obispo County, California. We invite comments from the public on the 
application package, which includes the Charvonia Parcel Low-Effect 
Habitat Conservation Plan for the Morro Shoulderband Snail (HCP). This 
proposed action has been determined to be eligible for a categorical 
exclusion under the National Environmental Policy Act of 1969, as 
amended (NEPA).

DATES: To ensure consideration, please send your written comments by 
June 18, 2014.

ADDRESSES: You may download a copy of the habitat conservation plan, 
draft 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, 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: Julie M. Vanderwier, Fish and Wildlife 
Biologist, at the above address or by calling (805) 644-1766.

SUPPLEMENTARY INFORMATION: We have received an application from Linda 
and Russ Charvonia for a 10-year ITP under the Act. The application 
addresses the potential for ``take'' of the federally endangered Morro 
shoulderband snail (Helminthoglypta walkeriana) that is likely to occur 
incidental to the construction, maintenance, and occupation of a 
single-family residence, and implementation of a conservation strategy 
on an existing legal single-family-zoned parcel in the unincorporated 
community of Los Osos, San Luis Obispo County, California. The 
applicants have committed to implement a conservation program to 
minimize and mitigate project activities that are likely to result in 
take of the Morro shoulderband snail as described in their plan. We 
invite comments from the public on the application package, which 
includes the Charvonia Parcel Low-Effect HCP for the Morro Shoulderband 
Snail. This proposed action has been determined to be eligible for a 
categorical exclusion under NEPA.

Background

    We listed the Morro shoulderband as endangered on December 15, 1994 
(59 FR 64613). Section 9 of the Act and its implementing regulations 
(16 U.S.C. 1531 et seq.) 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. The Code of Federal Regulations provides those regulations 
governing incidental take permits for threatened and endangered species 
at 50 CFR 17.32 and 17.22. Issuance of an incidental take permit must 
not jeopardize the existence of federally listed fish, wildlife, or 
plant species.

The Applicants' Proposed Project

    Linda and Russ Charvonia (hereafter, the applicants) are the owners 
of an existing residentially zoned 27,500 square-foot (0.59-acre) 
parcel legally described as County of San Luis Obispo Assessor Parcel 
Number 074-483-021. It is located at 2599 San Dominico Avenue in the 
western portion of Los Osos, an unincorporated community of San Luis 
Obispo County, California. The applicants have submitted a low-effect 
habitat conservation plan in support of their application for an ITP to 
address take of Morro shoulderband snail likely to occur as the result 
of direct impacts to up to 16,705 square feet (sf) (0.39-acre) of 
native and nonnative habitat occupied by the species. This take would 
be associated with the construction, maintenance, and occupation of a 
single-family residence. Additional take could occur on approximately 
7,500 sf (0.17-acre) in association with the implementation of a 
habitat enhancement program for Morro manzanita (Arctostaphylos 
morroenis), a federally threatened plant species. The applicants are 
requesting a permit for take of Morro shoulderband snail that would 
result from ``covered activities'' in the HCP that include the 
construction, maintenance, and occupation of a single-family residence 
and three-car garage; installation and maintenance of associated 
landscaping/infrastructure; and implementation of a habitat restoration 
program for Morro manzanita.
    The applicants propose to minimize and mitigate take of Morro 
shoulderband snail associated with the covered activities by fully 
implementing the HCP. The following measures would be implemented to 
minimize the effects of the taking: (1) Pre-construction and concurrent 
construction monitoring surveys for Morro shoulderband snail would be 
conducted, (2) all identified individuals of any life stage of Morro 
shoulderband snail would be captured and moved out of harm's way to a 
Service-approved receptor site by an individual in possession of a 
current valid recovery permit for the species, and (3) a contractor and 
employee environmental training program for Morro shoulderband snail 
would be developed and implemented. To mitigate for unavoidable take, 
the applicants would contribute $8,352 to an impact-directed 
environmental account held and administered by the National Fish and 
Wildlife Foundation. The use of these funds is to implement recovery 
tasks identified in the Recovery Plan for the Morro Shoulderband Snail 
and Four Plants from Western San Luis Obispo County, California (USFWS 
1998). The applicants would fund up to $11,900, as needed, to ensure 
implementation of all of the minimization measures and reporting 
requirements identified in the HCP.
    In the proposed HCP, the applicants consider two alternatives to 
the proposed action: ``No Action'' and ``Project Design.'' Under the 
``No Action'' alternative, the Service would not issue an ITP, and the 
Charvonia parcel could not be legally constructed. Absent the ITP, 
there would be no contribution of in-lieu fees to effect recovery 
actions for the Morro shoulderband snail. Since the property

[[Page 28765]]

is privately owned, there are ongoing economic considerations 
associated with continued ownership absent its intended use upon 
purchase, the primary of which is payment of associated taxes. The sale 
of this property for other than the currently zoned and identified 
purpose is not considered biologically meaningful or economically 
feasible. Because of economic considerations and because the proposed 
action results in a net benefit for the Morro shoulderband snail, the 
No Action Alternative has been rejected.
    Under the ``Project Redesign'' alternative, the proposed project 
would be redesigned with the goal of avoiding or further reducing take 
of Morro shoulderband snail. Approximately 35 percent of the parcel is 
currently conserved and may not be built upon. As such, there is 
limited area where a single-family residence could be constructed. 
Within this remaining 65 percent of the site, habitats are a 
combination of native and nonnative, and variously occupied by Morro 
shoulderband snail. As such, it is not likely that any redesign would 
substantially avoid additional take of Morro shoulderband snail while 
also using the site for the purpose for which it was purchased. For 
these reasons, the project redesign alternative has also been rejected.

Our Preliminary Determination

    We are requesting comments on our preliminary determination that 
the applicants' proposal will have a minor or negligible effect on the 
Morro shoulderband snail and that the plan qualifies for a low-effect 
HCP as defined by our Habitat Conservation Planning Handbook (November 
1996). Three criteria form the basis for our determination: (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) HCP impacts, considered together with 
those of other past, present, and reasonably foreseeable future 
projects, would not result in cumulatively significant effects. It is 
our preliminary determination that HCP approval and ITP issuance 
qualify for categorical exclusion 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, we may revise our determination 
based upon review of public comments received in response to this 
notice.

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 are requesting comments on our determination that the 
applicants' proposal will have a minor or neglible effect on the Morro 
shoulderband snail and that the plan qualifies as a low-effect HCP. We 
will evaluate the permit application, including the HCP and comments we 
receive, to make a final determination regarding whether the 
application meets the requirements of section 10(a)(1)(B) of the Act. 
We will use the results of our intra-Service consultation, in 
combination with the above findings, in our final analysis to determine 
whether to issue the ITP. If the requirements are met, we will issue 
the permit to the applicants to authorize incidental take of Morro 
shoulderband snail. 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, HCP, and 
associated documents, you may submit comments by any one of the methods 
provided 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(c) of the 
Act and the NEPA public involvement regulations (40 CFR 1500.1(b), 
1500.2(d), and 1506.6).

    Dated: May 12, 2014.
Stephen P. Henry,
Field Supervisor, Ventura Fish and Wildlife Office, Ventura, 
California.
[FR Doc. 2014-11477 Filed 5-16-14; 8:45 am]
BILLING CODE 4310-55-P