[Federal Register Volume 83, Number 84 (Tuesday, May 1, 2018)]
[Notices]
[Pages 19091-19093]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-09190]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2018-N023; FXES11130800000-189-FF08EVEN00]


Low-Effect Habitat Conservation Plan for Endangered Sandhills 
Species at the Clements Property, 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, have received an 
application from Ron Clements for a 3-year incidental take permit under 
the Endangered Species Act of 1973, as amended. The application 
addresses the potential for ``take'' of the federally endangered Mount 
Hermon June beetle and Zayante band-winged grasshopper that is likely 
to occur incidental to the construction of outdoor recreational

[[Page 19092]]

facilities at a property near the unincorporated town of Ben Lomond, 
Santa Cruz County, California. We invite comments from the public on 
the application package, which includes a low-effect habitat 
conservation plan.

DATES: To ensure consideration, please send your written comments by 
May 31, 2018.

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 to our Ventura 
office or by phone (see FOR FURTHER INFORMATION CONTACT). 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: Chad Mitcham, Fish and Wildlife 
Biologist, by U.S. mail to the Ventura office, or by telephone at (805) 
677-3328.

SUPPLEMENTARY INFORMATION: We have received an application from Ron 
Clements for a 3-year incidental take permit under the Endangered 
Species Act of 1973, as amended (Act; 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) likely to occur 
incidental to the construction of outdoor recreational facilities at 
8225 Ridgeview Drive (APN: 072-441-01), near the unincorporated town of 
Ben Lomond, Santa Cruz County, California. We invite comments from the 
public on the application package, which includes a low-effect habitat 
conservation plan. This proposed action has been determined to be 
eligible for a categorical exclusion under the National Environmental 
Policy Act of 1969 (NEPA; 42 U.S.C. 4321 et seq.), as amended.

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). Section 9 of the Act 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. ``Incidental Take'' is defined as take that is 
incidental to, and not the purpose of, the carrying out of an otherwise 
lawful activity (50 CFR 17.3). Regulations governing incidental take 
permits for threatened and endangered species are provided at 50 CFR 
17.32 and 17.22, respectively. Issuance of an incidental take permit 
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 incidental take permit. Plant species may be 
included on a permit in recognition of the conservation benefits 
provided them under a habitat conservation plan. All species, including 
plants, covered by the incidental take permit 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 habitat conservation plan (HCP) must not 
jeopardize the continued existence of federally listed animal or plant 
species.

Applicant's Proposal

    Ron Clements (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 and Zayante band-winged 
grasshopper that is likely to occur as the result of direct impacts on 
up to 0.214-acre (ac) (9,319 square feet (sf)) of sandhills habitat 
occupied by the species. Take would be associated with the construction 
of outdoor recreational facilities and infrastructure on an existing 
parcel legally described as Assessor Parcel Number: 072-441-01. The 
current site address is 8225 Ridgeview Drive, near the unincorporated 
town of Ben Lomond, Santa Cruz County, California. The applicant is 
requesting a permit for take of Mount Hermon June beetle and Zayante 
band-winged grasshopper that would result from ``covered activities'' 
that are related to the construction of outdoor recreational 
facilities.
    The HCP's conservation strategy also addresses potential impacts to 
the federally endangered Ben Lomond spineflower (Chorizanthe pungens 
var. pungens), which may occur at the proposed project site. A 3-year 
incidental take permit is requested to authorize take that would occur 
incidental to the proposed project.
    The applicant proposes to avoid, minimize, and mitigate impacts to 
the Mount Hermon June beetle, Zayante band-winged grasshopper, and Ben 
Lomond spineflower associated with the covered activities by fully 
implementing the HCP. The following measures will be implemented: (1) A 
qualified biologist will collect seed of all Ben Lomond spineflower 
from within the project footprint for use in restoration of the site 
following construction activities; (2) if construction occurs during 
the flight season of the Mount Hermon June beetle (considered to be 
between May and August, annually), exposed soils will be covered with 
impervious materials to prevent any dispersing Mount Hermon June 
beetles from burrowing into exposed soil at the construction site; (3) 
a qualified biologist will conduct a pre-construction training that 
will be attended by all on-site construction personnel and those 
personnel will be directed to cease work and immediately contact a 
biologist permitted to capture and relocate the subject species if 
observed in an area to be impacted; (4) new outdoor lighting will 
feature LED bulbs that emit wavelengths of light that are less 
attractive for nocturnal insects; (5) following completion of the 
project, temporarily disturbed areas will be seeded with native 
sandhills plants to facilitate recolonization by the subject species; 
and (6) the applicant will permanently protect habitat for the Mount 
Hermon June beetle, Zayante band-winged grasshopper, and Ben Lomond 
spineflower through the purchase of 0.531-ac of conservation credits at 
the Zayante Sandhills Conservation Bank, or from another Service-
approved conservation bank. The applicant will fund up to $157,452 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 ``Redesign Project.'' Under the 
``No Action'' alternative, an ITP for the proposed project would not be 
issued. The proposed conservation strategy and the purchase of 
conservation credits would not be provided to effect recovery actions 
for the impacted species. The ``No Action'' alternative would not 
result in desired improvements to the residence and would not result in 
benefits for the covered species; therefore, the ``No Action'' 
alternative has been rejected. Under the ``Redesign

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Project'' alternative, the applicant would reduce the area of proposed 
improvements by approximately 50 percent, through elimination of 
components of the planned outdoor recreational facilities. Under this 
alternative, the applicant would not achieve his desired goals and 
fewer conservation credits would be purchased to effect recovery; 
therefore, the ``Redesign Project'' alternative has also been rejected.

Our Preliminary Determination

    The Service has made a preliminary determination that issuance of 
the incidental take permit is neither a major Federal action that will 
significantly affect the quality of the human environment within the 
meaning of section 102(2)(C) of NEPA (42 U.S.C. 4321 et seq.,) nor that 
it will, individually or cumulatively, have more than a negligible 
effect on the Mount Hermon June beetle, Zayante band-winged 
grasshopper, and Ben Lomond spineflower. Therefore, the permit 
qualifies for a categorical exclusion under NEPA.

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)(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 
National Environmental Policy Act of 1969, as amended (NEPA), and 
NEPA's 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 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)(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 permit. If the requirements 
are met, we will issue an ITP 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: April 24, 2018.
Stephen P. Henry,
Field Supervisor, Ventura Fish and Wildlife Office, Ventura, 
California.
[FR Doc. 2018-09190 Filed 4-30-18; 8:45 am]
BILLING CODE 4333-15-P