[Federal Register Volume 85, Number 116 (Tuesday, June 16, 2020)]
[Notices]
[Pages 36414-36415]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12928]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2020-N074; FXES11140800000-201-FF08EVEN00]


Draft Habitat Conservation Plan and Draft Categorical Exclusion 
for the Garrapata Tanks Slope Repair Project in 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), announce the 
availability of a draft habitat conservation plan (HCP) and draft 
categorical exclusion (CatEx) for activities described in an 
application for an incidental take permit (ITP) under the Endangered 
Species Act of 1973, as amended. The ITP would authorize take of a 
listed species incidental to water tank stabilization activities on 
private property near Big Sur in Monterey County, California. The 
applicant developed the draft HCP as part of their application for an 
ITP. The Service prepared a draft CatEx 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 on these documents.

DATES: Written comments should be received on or before July 16, 2020.

ADDRESSES: Obtaining Documents: You may download a copy of the draft 
HCP and draft CatEx 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: Debora Kirkland, Fish and Wildlife 
Biologist, by phone at 805-677-3321, via the Federal Relay Service at 
1-800-877-8339 for TTY assistance, or by mail 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 draft categorical exclusion (CatEx) with an application 
for an incidental take permit (ITP) by California American Water 
(applicant). The ITP would authorize take of the federally endangered 
Smith's blue butterfly (Euphilotes enoptes smithi) incidental to 
activities described in the HCP for the stabilization of a slope 
beneath two 40,000-gallon water tanks, repair of a cement pad, and 
revegetation and restoration of the disturbance area, on private 
property near Big Sur in Monterey County, California. The applicant 
developed a draft HCP as part

[[Page 36415]]

of the application for an ITP under section 10(a)(1)(B) of the 
Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et 
seq.). The Service prepared a draft CatEx in 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 on these documents.

Background

    The Service listed the Smith's blue butterfly as endangered in 1976 
(41 FR 22041). Section 9 of the ESA prohibits take of fish and wildlife 
species listed as endangered (16 U.S.C. 1538). Under the ESA, ``take'' 
is defined 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). Under section 
10(a)(1)(B) of the ESA (16 U.S.C. 1539(a)(1)(B)), we may issue permits 
to authorize take of listed fish and wildlife species that is 
incidental to, and not the purpose of, carrying out an otherwise lawful 
activity. Regulations governing incidental take permits for endangered 
species are in the Code of Federal Regulations (CFR) at 50 CFR 17.22. 
Issuance of an ITP also must not jeopardize the existence of federally 
listed fish, wildlife, or plant species, pursuant to section 7 of the 
ESA and 50 CFR 402.02. The permittee would receive assurances under our 
``No Surprises'' regulations (50 CFR 17.22(b)(5)).

Proposed Activities

    The applicant has applied for a permit for incidental take of the 
Smith's blue butterfly. The take would occur in association with the 
repair of a concrete slab under two 40,000-gallon water tanks, 
stabilization of a failing vegetated slope, and revegetation and 
restoration of the slope and staging area on approximately 1.1 acres. 
The HCP includes avoidance and minimization measures for the Smith's 
blue butterfly and mitigation for unavoidable loss of habitat. As 
mitigation for habitat loss, the applicant proposes to revegetate the 
staging area and stabilize the slope with native coastal sage scrub 
seed. The applicant also proposes to conduct 5 years of restoration 
monitoring and invasive species control throughout the revegetated 
areas to improve the quality of species habitat in the project area.
    The Service prepared the draft CatEx in 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 the ITP under the plan.

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 ESA (16 U.S.C. 
1531 et seq.) and its implementing regulations (50 CFR 17.22) and NEPA 
(42 U.S.C. 4321 et seq.) and its implementing regulations (40 CFR 
1506.6).

Stephen Henry,
Field Supervisor, Ventura Fish and Wildlife Office, Ventura, 
California.
[FR Doc. 2020-12928 Filed 6-15-20; 8:45 am]
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