[Federal Register Volume 85, Number 119 (Friday, June 19, 2020)]
[Notices]
[Pages 37106-37107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13190]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

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


Draft Habitat Conservation Plan and Draft Categorical Exclusion 
for 12 Rancho San Carlos (Ocho West) Project, Monterey County, 
California

AGENCY: Fish and Wildlife Service, Interior.

[[Page 37107]]


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 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 single-family residence at 12 Rancho 
San Carlos (Ocho West). The Applicant developed the draft HCP as part 
of their application for an ITP. The Service prepared a draft 
categorical exclusion 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 20, 2020.

ADDRESSES: 
    To obtain documents: You may download a copy of the draft HCP and 
categorical exclusion screening form at http://www.fws.gov/ventura/, or 
you may request copies of the documents by sending U.S. mail to our 
Ventura office, or by phone (see FOR FURTHER INFORMATION CONTACT).
    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.
     Email: [email protected].

FOR FURTHER INFORMATION CONTACT: Danielle Fagre, Biologist, by phone at 
805-677-3339, or via the Federal Relay Service at 1-800-877-8339 for 
TTY assistance.

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 categorical exclusion with an 
application for an incidental take permit by Andris Upitis (Applicant). 
The permit would authorize take of the federally threatened Central 
Distinct Population Segment (DPS) of the California tiger salamander 
(Ambystoma californiense) and the federally threatened California red-
legged frog (Rana draytonii) incidental to activities associated with 
the construction of a single-family residence at 12 Rancho San Carlos 
(Ocho West). The Applicant developed the draft HCP as part of his 
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 categorical exclusion 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 Central DPS of the California tiger 
salamander as threatened on August 4, 2004 (69 FR 47212). The Service 
listed the California red-legged frog as threatened on May 23, 1996 (61 
FR 25813), and critical habitat was designated on March 10, 2010 (75 FR 
12816). Federal regulation pursuant to section 4(d) of the ESA 
prohibits the ``take'' of certain fish or wildlife species listed as 
threatened, including the Central DPS of the California tiger 
salamander and the California red-legged frog, with exceptions for 
certain ranching activities on private and tribal lands as described in 
50 CFR 17.43(c)(3)(i)-(xi) and 50 CFR 17.43(d)(3)(i)-(xi). ``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 take that is incidental to, and not the purpose of, carrying out of 
an otherwise lawful activity. Regulations governing incidental take 
permits for threatened species are in the Code of Federal Regulations 
(CFR) at 50 CFR 17.32. Issuance of an incidental take permit also must 
not jeopardize the existence of federally listed fish, wildlife, or 
plant species. The permittee would receive assurances under our ``No 
Surprises'' regulations (50 CFR 17.22(b)(5) and 17.32(b)(5)).

Applicant's Proposed Activities

    The Applicant has applied for a permit for incidental take of the 
Central DPS of the California tiger salamander and California red-
legged frog. The potential take would occur in association with 
activities necessary for the construction of a single-family home and 
accessory dwelling unit, improvement of the existing driveway, 
revegetation of temporarily disturbed areas, and invasive species 
management on 5.9 acres of habitat occupied by the covered species. The 
development would result in impacts to 7.5 acres of California tiger 
salamander upland habitat. It would result in impacts to 7.6 acres of 
California red-legged frog habitat, all of which are in California red-
legged frog Critical Habitat Unit MNT-2. The 7.5 acres of California 
tiger salamander habitat overlaps entirely with the 7.6 acres of 
California red-legged frog habitat.
    The HCP includes avoidance and minimization measures for the 
covered species and mitigation for unavoidable loss of occupied upland 
and dispersal habitat. The Applicant will provide mitigation either by 
securing 5.9 acres of otherwise developable habitat in a conservation 
easement, protected in perpetuity, or through a Service-approved 
conservation bank or in-lieu fee program.

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. 2020-13190 Filed 6-18-20; 8:45 am]
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