[Federal Register Volume 84, Number 212 (Friday, November 1, 2019)]
[Notices]
[Pages 58733-58734]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23972]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2019-N064; FXES11140800000-189-FF08EVEN00]


Draft Habitat Conservation Plan for Eight Species; Draft 
Environmental Impact Statement for the Habitat Conservation Plan for 
Fort Ord, Monterey County, California

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comments.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have 
received an incidental take permit application under the Endangered 
Species Act of 1973, as amended. The permit would authorize take of the 
federally threatened California tiger salamander, California red-legged 
frog, and western snowy plover, and the federally endangered Smith's 
blue butterfly, incidental to otherwise lawful activities associated 
with commercial, residential and recreational development, recreational 
use, and habitat management within portions of the former Fort Ord Army 
base in the draft habitat conservation plan (HCP). We invite public 
comment on the applicant's draft HCP and the draft environmental impact 
statement, which the Service prepared in response to the application 
for an incidental take permit.

DATES: Written comments must be received on or before December 16, 
2019.

ADDRESSES: 
    To obtain documents: You may download a copy of the draft habitat 
conservation plan and environmental impact statement at http://www.fws.gov/ventura/, or you may request copies of the documents by 
sending U.S. mail to our Ventura office (see below), or by phone (see 
FOR FURTHER INFORMATION CONTACT). For information on reviewing U.S. 
Environmental Protection Agency (EPA) comments on the draft EIS, see 
EPA's Role in the EIS Process under SUPPLEMENTARY INFORMATION.
    To submit written comments: Please send us your written comments 
using one of the following methods:
     U.S. mail: Send your 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.
     Facsimile: Fax your comments to 805-644-3958.
     Electronic Mail: Send your comments to 
[email protected].

FOR FURTHER INFORMATION CONTACT: Leilani Takano, Assistant Field 
Supervisor, by phone at 805-644-1766, at the Ventura address in 
ADDRESSES, or via the Federal Relay Service at 800-877-8339.

SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service 
(Service), have received an application for an incidental take permit 
(ITP) pursuant to section 10(a)(1)(B) of the Endangered Species Act, as 
amended (ESA; 16 U.S.C. 1531 et seq.). The applicant has developed a 
draft habitat conservation plan (HCP) for the project that includes 
measures to mitigate and avoid/minimize impacts to the federally 
threatened California tiger salamander (Ambystoma californiense), 
California red-legged frog (Rana draytonii), western snowy plover 
(Charadrius nivosus nivosus), and Monterey spineflower (Chorizanthe 
pungens var. pungens); the federally endangered Smith's blue butterfly 
(Euphilotes enoptes smithi), Monterey (sand) gilia (Gilia tenuiflora 
ssp. arenaria), and Yadon's piperia (Piperia yadonii); and the State 
endangered seaside bird's beak (Cordylanthus rigidus ssp. littoralis). 
The permit would authorize take of the California tiger salamander, 
California red-legged frog, western snowy plover, and Smith's blue 
butterfly incidental to otherwise lawful activities associated with the 
Fort Ord HCP. We invite public comment on the application, the draft 
HCP, and draft environmental impact statement (EIS).

Background

    The California tiger salamander was listed as threatened on August 
4, 2004 (69 FR 47212); the California red-legged frog was listed as 
threatened on May 23, 1996 (61 FR 25813); the western snowy plover was 
listed as threatened on March 5, 1993 (58 FR 12864); the Monterey 
spineflower was listed as threatened on February 4, 1994 (59 FR 5499); 
the Smith's blue butterfly was listed as endangered on June 1, 1976 (41 
FR 22041); the Monterey (sand) gilia was listed as endangered on June 
22, 1992 (57 FR 27848); and the Yadon's piperia was listed as 
endangered on August 12, 1998 (63 FR 43100). The seaside bird's beak 
has no Federal status, but was listed as endangered by the State of 
California in 1982 (https://www.dfg.ca.gov/wildlife/nongame/list.html), 
and the applicant has chosen to address this species in the HCP to 
facilitate State permitting.
    Section 9 of the ESA and its implementing regulations in effect at 
the time the above-referenced species were listed prohibited the take 
of fish or wildlife species listed as endangered or threatened. 
``Take'' is defined under the ESA to include the following activities: 
``[T]o 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 ESA, we may issue 
permits to authorize incidental take of listed fish or wildlife 
species. ``Incidental take'' is defined by the ESA as take that is 
incidental to, and not the purpose of, carrying out an otherwise lawful 
activity. Regulations governing incidental take permits for threatened 
and endangered species are in the Code of Federal Regulations (CFR) at 
50 CFR 17.32 and 17.22, respectively. Under the ESA, protections for 
federally listed plants differ from the protections afforded to 
federally listed animals. Issuance of an incidental take permit also 
must not jeopardize the existence of federally listed fish, wildlife, 
or plant species. The permittees would receive assurances under our 
``No Surprises'' regulations ((50 CFR 17.22(b)(5) and 17.32(b)(5)) 
regarding conservation activities for the California tiger salamander, 
California red-legged frog, western snowy plover, Monterey spineflower, 
Smith's blue butterfly, Monterey (sand) gilia, Yadon's piperia, and 
seaside bird's beak.

Applicant's Proposed Activities

    The applicant has applied for a permit for incidental take of the 
California tiger salamander, California red-legged frog,

[[Page 58734]]

western snowy plover, and Smith's blue butterfly. Take is likely to 
occur in association with activities necessary to develop and use 
commercial, residential, and recreational facilities on non-Federal 
portions of the former Fort Ord Army base and to manage habitats within 
conserved areas of the former base. The site contains 4 acres of 
aquatic breeding habitat and 5,718 acres of upland habitat for the 
California tiger salamander. The site contains 4 acres of aquatic 
breeding habitat and 3,494 acres of upland habitat for the California 
red-legged frog. The site contains 71 acres of breeding, foraging, and 
overwintering habitat for the western snowy plover, all of which is in 
critical habitat designated for the species. The site contains 110 
acres of habitat (for all of the species' activities) for the Smith's 
blue butterfly. The HCP includes measures to minimize take of the 
California tiger salamander, California red-legged frog, western snowy 
plover, and Smith's blue butterfly in the forms of injury, mortality, 
and harm. Mitigation for unavoidable take of the species consists of 
preservation and management of existing habitat and restoration of 
areas of degraded habitat (primarily through restoration of aquatic 
breeding habitat for the two amphibian species and of upland habitat 
for all species).

National Environmental Policy Act Compliance

    The Service has developed a draft EIS in response to the ITP 
application in accordance with the requirements of the National 
Environmental Policy Act (NEPA; 42 U.S.C. 4321 et seq.). The draft EIS 
analyzes three alternatives. The proposed action is issuance of a base-
wide ITP, which would address development and use of the former Fort 
Ord in accordance with the HCP. This would include unrestricted 
development of some undisturbed habitat areas, redevelopment of areas 
developed by the Army during its use of the base, and limited 
development within areas otherwise conserved and managed as habitat. 
Under the ``no action'' alternative, a base-wide ITP would not be 
issued and the HCP would not be implemented. Development and use of the 
former base would likely continue under existing local and Army-
prepared planning documents and the applicant would likely apply for 
future project-specific ITPs. Under the ``reduced take'' alternative, a 
base-wide ITP would be issued, but limited development within areas 
otherwise conserved and managed as habitat would be eliminated.

EPA's Role in the EIS Process

    The EPA is charged with reviewing all Federal agencies' EISs and 
commenting on the adequacy and acceptability of the environmental 
impacts of proposed actions in EISs. Therefore, EPA is publishing a 
notice in the Federal Register announcing this draft EIS, as required 
under section 309 of the Clean Air Act. The publication date of EPA's 
notice of availability is the official beginning of the public comment 
period. EPA's notices are published on Fridays. EPA serves as the 
repository (EIS database) for EISs prepared by Federal agencies. All 
EISs must be filed with EPA. You may search for EPA comments on EISs, 
along with EISs themselves, at https://cdxnodengn.epa.gov/cdx-enepa-public/action/eis/search.

Public Comments

    If you wish to comment on the permit application, draft HCP, draft 
EIS, and associated documents, you may submit comments by one of the 
methods in ADDRESSES. 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 ESA (16 U.S.C. 1531 
et seq.) and NEPA and its implementing regulations (40 CFR 1506.6).

Michael Long,
Acting Assistant Regional Director, Pacific Southwest Region, 
Sacramento, California.
[FR Doc. 2019-23972 Filed 10-31-19; 8:45 am]
 BILLING CODE 4333-15-P