[Federal Register Volume 85, Number 37 (Tuesday, February 25, 2020)]
[Notices]
[Pages 10713-10714]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03667]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2019-N112; FXES11140800000-190-FF08EVEN00]


Draft Habitat Conservation Plan and Draft Environmental 
Assessment for Oak Hills Estate, Santa Barbara County, California

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comments.

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

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the 
availability of a draft Habitat Conservation Plan (HCP) and associated 
draft environmental assessment (EA) for activities associated with an 
application for an incidental take permit (ITP) under the Endangered 
Species Act of 1973, as amended. The ITP would authorize take of listed 
species incidental to construction of a residential development 
proposed by Oak Hills Estate, LLC (applicant). The applicant developed 
the draft HCP as part of their application for an ITP. The Service 
prepared a draft EA in accordance with the National Environmental 
Policy Act to evaluate the potential effects to the natural and human 
environment resulting from issuing an ITP to the applicant. We invite 
public comment.

DATES: Written comments should be received on or before March 26, 2020.

ADDRESSES:  Obtaining Documents: You may download a copy of the draft 
habitat conservation plan and draft environmental assessment at http://www.fws.gov/ventura/, or you may request copies of the documents by 
U.S. mail (below) or by phone (see FOR FURTHER INFORMATION CONTACT). 
Submitting Written Comments: Please send us your written comments using 
one of the following methods:
     U.S. mail: Stephen P. Henry, Field Supervisor, Ventura 
Fish and Wildlife Office, U.S. Fish and Wildlife Service, 2493 Portola 
Road, Suite B, Ventura, CA 93003.
     Email: [email protected].

FOR FURTHER INFORMATION CONTACT: Kendra Chan, Fish and Wildlife 
Biologist, by phone at 805-677-3304, via the Federal Relay Service at 
1-800-877-8339 for TTY assistance, or at the Ventura address (see 
ADDRESSES).

SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service 
(Service), announce the availability of a draft habitat conservation 
plan (HCP) and the associated draft environmental assessment (EA) in 
association with an application for an incidental take permit (ITP) by 
Oak Hills Estate, LLC (applicant). The permit would authorize take of 
listed species incidental to activities associated with the 
construction of a residential development proposed by the applicant. 
The residential development consists of the construction of 29 single-
family homes and the creation of one common open-space area on the 
16.88-acre project site in northern Santa Barbara County, California. 
The applicant developed the draft HCP as part of its application for an 
ITP under the Endangered Species Act, as amended (ESA; 16 U.S.C. 1531 
et seq.). The Service prepared a draft EA in

[[Page 10714]]

accordance with the National Environmental Policy Act of 1969 (NEPA; 42 
U.S.C. 4321 et seq.) to evaluate the potential effects to the natural 
and human environment resulting from issuing an ITP to the applicant. 
We invite public comment.

Draft Habitat Conservation Plan Covered Species

    The applicant has developed a draft HCP in support of its 
application for an ITP that includes measures to mitigate and minimize 
impacts to the federally endangered El Segundo blue butterfly 
(Euphilotes battoides allyni), the federally threatened California red-
legged frog (Rana draytonii), and designated critical habitat for the 
federally endangered Vandenberg monkeyflower (Diplacus 
vandenbergensis). The ITP would authorize take of El Segundo blue 
butterfly and California red-legged frog incidental to otherwise lawful 
activities associated with the HCP-covered activities.

Background

    The Service listed the El Segundo blue butterfly as endangered on 
June 1, 1976 (41 FR 22041), and the California red-legged frog as 
threatened on May 23, 1996 (61 FR 25813). The Vandenberg monkeyflower 
was listed as endangered on August 26, 2014 (79 FR 25797), and critical 
habitat was designated on August 11, 2015 (80 FR 48141). Section 9 of 
the ESA and its implementing regulations as applicable to the above-
referenced species prohibit 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 species. ``Incidental take'' is defined by the ESA as 
take that is incidental to, and not the purpose of, carrying out of 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. 
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 El Segundo blue butterfly and 
California red-legged frog.

Proposed Activities

    The applicant has applied for an ITP that would authorize 
incidental take of El Segundo blue butterfly and California red-legged 
frog. Take is likely to occur in association with activities necessary 
to construct a 16.88-acre residential development and to restore 25.41 
acres of suitable habitat for the species.
    The HCP includes avoidance and minimization measures for the El 
Segundo blue butterfly and California red-legged frog, and mitigation 
for unavoidable loss of suitable habitat for the El Segundo Blue 
butterfly, California red-legged frog, and Vandenberg monkeyflower 
through 7.16 acres of on-site mitigation and restoration of an 18.25-
acre fallow farm field on the Burton Mesa Ecological Reserve.

Alternatives

    We are considering two alternatives in the draft EA:
    (1) The no action alternative, in which the Service would not issue 
an ITP to the applicant to exempt take incidental to the covered 
activities under the HCP for the Oak Hills Estate project; and
    (2) The proposed action (preferred alternative), in which the 
Service would issue an ITP for take of El Segundo blue butterfly and 
California red-legged frog incidental to the Oak Hills Estate Project, 
as set out in the HCP.

Public Comments

    If you wish to comment on the permit application, draft HCP, 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 regulations (40 CFR 1506.6).

Stephen Henry,
Field Supervisor, Ventura Fish and Wildlife Office, Ventura, 
California.
[FR Doc. 2020-03667 Filed 2-24-20; 8:45 am]
 BILLING CODE 4333-15-P