[Federal Register Volume 79, Number 96 (Monday, May 19, 2014)]
[Notices]
[Pages 28765-28767]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-11478]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2014-N077; FXES11120800000-145-FF08EVEN00]


Moreno Low-Effect Habitat Conservation Plan for the Morro 
Shoulderband Snail; Community of Los Osos, San Luis Obispo 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 Cayetano Moreno (applicant) for an 
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 may occur 
incidental to the construction, maintenance, and occupation of a 
single-family residence and guesthouse and the implementation of a 
conservation plan. We invite comments from the public on the 
application package, which includes the Moreno Low-Effect Habitat 
Conservation Plan for the Morro Shoulderband Snail (HCP). We have 
determined that this proposed action is 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, Senior Fish and 
Wildlife Biologist, at the above address, or by calling (805) 644-1766.

SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service 
(Service), have received an application from Cayetano Moreno 
(applicant) for an incidental take permit (ITP) under the Endangered 
Species Act of 1973, as

[[Page 28766]]

amended (Act). The application addresses the potential for ``take'' of 
the federally endangered Morro shoulderband snail (Helminthoglypta 
walkeriana) that may occur incidental to the construction, maintenance, 
and occupation of a single-family residence and guesthouse and the 
implementation of a conservation strategy on an existing legal parcel 
in the unincorporated community of Los Osos, San Luis Obispo County, 
California. The Applicant requests a permit term of 8 years and commits 
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 Moreno Low-Effect Habitat 
Conservation Plan for the Morro Shoulderband Snail (HCP). We have 
determined that this proposed action is eligible for a categorical 
exclusion under NEPA.

Background

    The Morro shoulderband snail (= banded dune snail; Helminthoglypta 
walkeriana) was listed by the Service 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. This section defines ``incidental 
take'' as take that is not the purpose of carrying out an otherwise 
lawful activity. Regulations governing incidental take permits for 
threatened and endangered species are provided in the Code of Federal 
Regulations at 50 CFR 17.32 and 17.22. Issuance of an incidental take 
permit (ITP) must not jeopardize the existence of federally listed 
fish, wildlife, or plant species.

Applicant's Proposal

    The applicant has submitted a low-effect HCP in support of his 
application for an ITP to address take of Morro shoulderband snail 
likely to result from impacts associated with the development of a 1.2-
acre (52,272 square feet; sf) parcel. Take would be associated with the 
construction, maintenance, and occupation of a single-family residence 
and guesthouse, and associated infrastructure and landscaping, on an 
existing parcel legally described as County of San Luis Obispo Assessor 
Parcel Number 074-323-020. This parcel is located at the northeastern 
corner of Chumash Lane and Al Sereno in Los Osos, an unincorporated 
community of San Luis Obispo County, California. The applicant is 
requesting an ITP to address incidental take of Morro shoulderband 
snail that is likely to result from activities identified in the HCP. 
These ``covered'' activities include the construction, maintenance, and 
occupation of a single-family residence and guesthouse, along with 
associated infrastructure and landscaping, as well as implementation of 
a conservation strategy. Project implementation would, at a minimum, 
result in permanent impacts to approximately 0.2 acre (8,712 sf); 
however, could result in some level of disturbance to an additional 
0.425 acre (18,513 sf), attributable to occupation of the residence and 
guesthouse.
    The applicant proposes to minimize and mitigate take of Morro 
shoulderband snail associated with the covered activities by fully 
implementing the HCP. Take would be minimized by implementing the 
following: (1) Development and delivery of an environmental training 
program to all personnel working onsite throughout all phases of 
project implementations; (2) conducting pre-construction and 
construction monitoring surveys to identify any individuals, of any 
life stage, that could be in harm's way; (3) fencing of the development 
area to preclude accidental egress into conserved habitat; and (4) 
capture and moving of those identified Morro shoulderband snails into 
on-site habitat to be conserved and enhanced. Unavoidable take would be 
mitigated through the conservation and enhancement of 0.625 acres of 
coastal dune scrub and maritime chaparral in the northern portion of 
the parcel. This area would be dedicated to the County of San Luis 
Obispo as open space, and all activities, with the exception of those 
intended to enhance habitat values for Morro shoulderband snail, would 
be prohibited.
    As part of the HCP, the applicant considered two alternatives to 
the proposed action to construct a residence and guesthouse. Under the 
``No Action'' alternative, an ITP for the proposed project would not be 
issued. As the property is privately owned, there are ongoing economic 
considerations associated with retaining the parcel in its undeveloped 
state (e.g., payment of associated property taxes). The sale of the 
parcel for purposes other than the identified activity (which is 
consistent with current zoning) is not considered economically 
feasible. Additionally, there would be no conservation or enhancement 
of habitat for Morro shoulderband snail. For these reasons, the ``No 
Action'' alternative is rejected.
    The intent of the ``Alternate Design'' alternative would be to 
avoid or further reduce (minimize) take of Morro shoulderband snail. As 
the entire parcel contains native habitat that is variously occupied by 
Morro shoulderband snail, it is not possible to avoid take of the 
species. The residence and guesthouse are currently sited adjacent to 
existing residences and in an area of native habitat that is disturbed 
by the presence of the nonnative perennial veldt grass (Ehrharta 
calycina). Further reducing the project footprint would not 
substantially increase conservation of Morro shoulderband snails and 
would not meet the applicant's needs. As such, the ``Alternate Design'' 
alternative has also been rejected.

Preliminary Determination

    We are requesting comments on our preliminary determination that 
the applicant's plan may be processed as a low-effect HCP as defined by 
our Habitat Conservation Planning Handbook (November 1996) and 
qualifies for categorical exclusion under NEPA section 42 U.S.C. 4321 
et seq., as provided by the Department of the Interior Manual (516 DM 2 
Appendix 2 and 516 DM 8). Our determination is based upon the 
following: (1) Implementation of the proposed project as described in 
the HCP would result in minor or negligible effects on the federally 
listed Morro shoulderband snail and its habitat; (2) implementation of 
the HCP would result in minor or negligible effects on other 
environmental values or resources; and (3) the HCP impacts, considered 
together with those of other past, present, and reasonably foreseeable 
future projects, would not result in cumulatively significant effects. 
Based upon our review of public comments we receive in response to this 
notice, our preliminary determination may be revised.

Next Steps

    We will evaluate the permit application, 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.

[[Page 28767]]

Public Review

    We are requesting comments on our determination that the 
applicant's proposal will have a minor or neglible effect on the Morro 
shoulderband snail and 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 and public comments, to 
determine whether to issue the ITP. If all requirements are met, an ITP 
will be issued to the Applicant to authorize incidental take of Morro 
shoulderband snail in association with implementation of the proposed 
project. We will make our final permit decision no sooner than 30 days 
after the date of this notice.

Public Comments

    If you wish to comment on the permit application, plans, and 
associated documents, you may submit using 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 available to the public 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. 2014-11478 Filed 5-16-14; 8:45 am]
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