Endangered and Threatened Wildlife and Plants; Incidental Take Permits in Santa Cruz County, CA, 57644-57646 [E8-23403]
Download as PDF
<![CDATA[
57644
Federal Register / Vol. 73, No. 193 / Friday, October 3, 2008 / Notices
integrity of DHS or is necessary to
demonstrate the accountability of DHS’s
officers, employees, or individuals
covered by the system, except to the
extent it is determined that release of
the specific information in the context
of a particular case would constitute an
unwarranted invasion of personal
privacy.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records in this system are stored
electronically or on paper in secure
facilities in a locked drawer behind a
locked door. The records are stored on
magnetic disc, tape, digital media, and
CD–ROM.
RETRIEVABILITY:
Records may be retrieved by the
employee/guardian’s name and by the
child’s name.
SAFEGUARDS:
Records in this system are
safeguarded in accordance with
applicable rules and policies, including
all applicable DHS automated systems
security and access policies. Strict
controls have been imposed to minimize
the risk of compromising the
information that is being stored. Access
to the computer system containing the
records in this system is limited to those
individuals who have a need to know
the information for the performance of
their official duties and who have
appropriate clearances or permissions.
RETENTION AND DISPOSAL:
Child’s record file is destroyed three
years after date of last action.
Registration/medical forms may be sent
to another facility if a child transfers.
Child Care Food Program eligibility
records are transferred to an audit file at
the end of each year where they are not
retrieved by child’s name. Records
subject to an audit are destroyed after
three years or after being audited,
whichever is sooner.
mstockstill on PROD1PC66 with NOTICES
SYSTEM MANAGER AND ADDRESS:
For Headquarters components of DHS,
the System Manager is the Director of
Departmental Disclosure, Department of
Homeland Security, Washington, DC
20528. For components of DHS, the
System Manager can be found at https://
www.dhs.gov/foia under ‘‘contacts.’’
NOTIFICATION PROCEDURE:
Individuals seeking notification of
and access to any record contained in
VerDate Aug<31>2005
23:33 Oct 02, 2008
Jkt 217001
this system of records, or seeking to
contest its content, may submit a
request in writing to the Headquarters’
or component’s FOIA Officer, whose
contact information can be found at
https://www.dhs.gov/foia under
‘‘contacts.’’ If an individual believes
more than one component maintains
Privacy Act records concerning him or
her the individual may submit the
request to the Chief Privacy Officer,
Department of Homeland Security, 245
Murray Drive, SW., Building 410,
STOP–0550, Washington, DC 20528.
When seeking records about yourself
from this system of records or any other
Departmental system of records your
request must conform with the Privacy
Act regulations set forth in 6 CFR part
5. You must first verify your identity,
meaning that you must provide your full
name, current address and date and
place of birth. You must sign your
request, and your signature must either
be notarized or submitted under 28
U.S.C. 1746, a law that permits
statements to be made under penalty of
perjury as a substitute for notarization.
While no specific form is required, you
may obtain forms for this purpose from
the Director, Disclosure and FOIA,
https://www.dhs.gov or 1–866–431–0486.
In addition you should provide the
following:
• An explanation of why you believe
the Department would have information
on you,
• Identify which component(s) of the
Department you believe may have the
information about you,
• Specify when you believe the
records would have been created,
• Provide any other information that
will help the FOIA staff determine
which DHS component agency may
have responsive records,
• If your request is seeking records
pertaining to another living individual,
you must include a statement from that
individual certifying his/her agreement
for you to access his/her records.
Without this bulleted information the
component(s) may not be able to
conduct an effective search, and your
request may be denied due to lack of
specificity or lack of compliance with
applicable regulations.
RECORD ACCESS PROCEDURES:
See ‘‘Notification procedure’’ above.
CONTESTING RECORD PROCEDURES:
See ‘‘Notification procedure’’ above.
RECORD SOURCE CATEGORIES:
Records are generated from guardians
and child’s medical care providers.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
PO 00000
Frm 00057
Fmt 4703
Sfmt 4703
Dated: September 23, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. E8–23306 Filed 10–2–08; 8:45 am]
BILLING CODE 4410–10–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R1–ES–2008–N0222; 81440–1112–
0000 ABC Code F2]
Endangered and Threatened Wildlife
and Plants; Incidental Take Permits in
Santa Cruz County, CA
Fish and Wildlife Service,
Interior.
ACTION: Notice of receipt of applications
for permit.
AGENCY:
SUMMARY: We, the Fish and Wildlife
Service (Service), announce the
availability of five Incidental Take
Permit applications and Habitat
Conservation Plans (HCPs) under
section 10(a)(1)(B) of the Endangered
Species Act of 1973, as amended (Act).
The applicants collectively anticipate
removing a total of approximately 2.04
acres of Mount Hermon June beetle
(Polyphylla barbata) occupied habitat,
and one HCP also includes the federally
endangered Ben Lomond spineflower
(Chorizanthe pungens var. hartwegiana)
as a covered species. We are requesting
comments on the permit applications
and on our preliminary determination
that the proposed HCPs qualify as ‘‘low
effect’’ HCPs, eligible for a categorical
exclusion under the National
Environmental Policy Act of 1969, as
amended.
DATES: Written comments should be
received on or before November 3, 2008.
ADDRESSES: Please address written
comments to Diane Noda, Field
Supervisor, Ventura Fish and Wildlife
Office, U.S. Fish and Wildlife Service,
2493 Portola Road, Suite B, Ventura,
California 93003. You may also send
comments by facsimile to (805) 644–
3958. To obtain copies of draft
documents, see ‘‘Availability of
Documents’’ under SUPPLEMENTARY
INFORMATION.
FOR FURTHER INFORMATION CONTACT: Jen
Lechuga, HCP Coordinator (see
ADDRESSES), telephone: (805) 644–1766
extension 224.
SUPPLEMENTARY INFORMATION:
Availability of Documents
You may obtain copies of the
applications and HCPs by contacting the
HCP Coordinator (see FOR FURTHER
E:\FR\FM\03OCN1.SGM
03OCN1
Federal Register / Vol. 73, No. 193 / Friday, October 3, 2008 / Notices
mstockstill on PROD1PC66 with NOTICES
INFORMATION CONTACT). Documents will
also be available for review by
appointment, during normal business
hours, at the Ventura Fish and Wildlife
Office (see ADDRESSES), or via the
Internet at: https://www.fws.gov/ventura.
Background
Section 9 of the Act (16 U.S.C. 1531
et seq.) and Federal regulations prohibit
the ‘‘take’’ of fish or wildlife species
listed as endangered or threatened,
respectively. Take of listed fish or
wildlife is defined under the Act to
mean to harass, harm, pursue, hunt,
shoot, wound, kill, trap, capture, or
collect, or to attempt to engage in any
such conduct. However, the Service,
under limited circumstances, may issue
permits to cover incidental take, i.e.,
take that is incidental to, and not the
purpose of, the carrying out of an
otherwise lawful activity. Regulations
governing incidental take permits for
threatened and endangered species are
found at 50 CFR 17.32 and 17.22,
respectively. Among other criteria,
issuance of such permits must not
jeopardize the existence of federally
listed fish, wildlife, or plants.
We announce the availability of five
Incidental Take Permit (ITP)
applications and Habitat Conservation
Plans (HCPs) from the following five
applicants: Blake Lane LLP, Larry
Busch, Jim Sisk, Richard and Carolyn
Tinkess, and Ed and Lita West. Blake
Lane LLP, Larry Busch, and Jim Sisk
each request an ITP for a duration of 5
years; Richard and Carolyn Tinkess and
Ed and Lita West each request an ITP for
a duration of 3 years, under section
10(a)(1)(B) of the Act. The applicants
collectively anticipate removing a total
of approximately 2.04 acres of Mount
Hermon June beetle (Polyphylla
barbata) occupied habitat incidental to
constructing six condominiums, nine
single-family homes, one single-family
home relocation, and an addition to an
existing single-family home in Santa
Cruz County, California (Projects).
The applicants’ HCPs describe the
mitigation and minimization measures
the applicants propose to address the
effects of the Projects on the Mount
Hermon June beetle. In addition, the
Richard and Carolyn Tinkess HCP
includes the federally endangered Ben
Lomond spineflower (Chorizanthe
pungens var. hartwegiana) as a covered
species, and their HCP describes
mitigation and minimization measures
for this species as well.
The Projects are located on soils
known as ‘‘Zayante sands.’’ These soils
support the Zayante sandhills
ecosystem that occurs exclusively in the
Santa Cruz Mountains near the city of
VerDate Aug<31>2005
23:33 Oct 02, 2008
Jkt 217001
Scotts Valley and the communities of
Ben Lomond, Mount Hermon, Felton,
Olympia, Corralitos, and Bonny Doon.
The Mount Hermon June beetle is
restricted to Zayante sands soils in the
Scotts Valley-Mount Hermon-FeltonBen Lomond area and is found in
association with vegetation of the
Zayante sandhills, which is
characterized by a mosaic of ponderosa
pines (Pinus ponderosa), silverleaf
manzanita (Arctostaphylos silvicola),
and areas that are sparsely vegetated
with grasses and herbs.
The five applicants are requesting to
remove approximately 2.04 acres of
combined Mount Hermon June beetle
habitat incidental to construction of the
Projects. Residential construction of the
six condominiums for Blake Lane LLP
would occur within parcel 022–172–47
in Scotts Valley, Santa Cruz County,
California. Residential construction of
two single-family homes and a singlefamily home relocation for Mr. and Mrs.
Larry Busch would occur within parcel
067–041–24 near the city of Scotts
Valley, Santa Cruz County, California.
Residential construction of six singlefamily homes for Jim Sisk would occur
within parcels 021–231–09 and 021–
071–02 near the city of Scotts Valley in
Santa Cruz County, California.
Residential construction of one singlefamily home for Richard and Carolyn
Tinkess would occur within parcel 067–
411–39 near the city of Scotts Valley in
Santa Cruz County, California.
Residential construction of a room
addition to a single-family home for Ed
and Lita West would occur within
parcel 072–273–34 in Ben Lomond,
Santa Cruz County, California.
The parcels combined encompass
about 3.54 acres, and the footprints of
the homes, infrastructure, and
landscaping would eliminate 2.04 acres
of Mount Hermon June beetle habitat.
To mitigate for incidental take on the
project sites, the applicants propose to
purchase a total of 2.33 acres of
conservation credits for the Mount
Hermon June beetle at the recently
approved Ben Lomond Sandhills
Preserve of the Zayante Sandhills
Conservation Bank operated by PCO,
LLC. In addition, the applicants will
implement a number of minimization
and mitigation measures intended to
reduce impacts from the proposed
Projects on the Mount Hermon June
beetle.
National Environmental Policy Act
We are requesting comments on the
permit applications and on our
preliminary determination that the
proposed Habitat Conservation Plans
(HCP) qualify as ‘‘low effect’’ HCPs,
PO 00000
Frm 00058
Fmt 4703
Sfmt 4703
57645
eligible for a categorical exclusion under
the National Environmental Policy Act
(NEPA) of 1969, as amended (42 U.S.C.
4321 et seq.). We explain the basis for
this possible determination in draft
Environmental Action Statements (EAS)
and associated Low Effect Screening
Forms. The Applicants’ Low Effect
HCPs describe the mitigation and
minimization measures they would
implement, as required in section
10(a)(2)(B) of the Act, to address the
effects of the Projects on the Mount
Hermon June beetle. The draft HCPs and
EASs are available for public review.
We have made a preliminary
determination that the HCPs qualify as
‘‘low-effect’’ plans as defined by our
Habitat Conservation Planning
Handbook (November 1996). Our
determination that an HCP qualifies as
a low-effect plan is based on the
following criteria: (1) Implementation of
the plan would result in minor or
negligible effects on federally listed,
proposed, and candidate species and
their habitats; (2) implementation of the
plan would result in minor or negligible
effects on other environmental values or
resources; and (3) impacts of the plan,
considered together with the impacts of
other past, present, and reasonably
foreseeable similarly situated projects
would not result, over time, in
cumulative effects to the environmental
values or resources that would be
considered significant. As more fully
explained in our EASs and associated
Low Effect Screening Forms, the
Applicants’ proposals for residential
construction qualify as ‘‘low effect’’
plans for the following reasons:
(1) Approval of the HCPs would result
in minor or negligible effects on the
Mount Hermon June beetle and Ben
Lomond spineflower and their habitat.
The Service does not anticipate
significant direct or cumulative effects
to the Mount Hermon June beetle or Ben
Lomond spineflower resulting from the
proposed Projects.
(2) Approval of the HCPs would not
have adverse effects on unique
geographic, historic, or cultural sites, or
involve unique or unknown
environmental risks.
(3) Approval of the HCPs would not
result in any cumulative or growthinducing impacts and would not result
in significant adverse effects on public
health or safety.
(4) The Projects do not require
compliance with Executive Order 11988
(Floodplain Management), Executive
Order 11990 (Protection of Wetlands), or
the Fish and Wildlife Coordination Act,
nor do they threaten to violate a Federal,
State, local, or tribal law or requirement
E:\FR\FM\03OCN1.SGM
03OCN1
57646
Federal Register / Vol. 73, No. 193 / Friday, October 3, 2008 / Notices
mstockstill on PROD1PC66 with NOTICES
imposed for the protection of the
environment.
(5) Approval of the HCPs would not
establish a precedent for future actions
or represent a decision in principle
about future actions with potentially
significant environmental effects.
The Service, therefore, has made a
preliminary determination that
approvals of the HCPs qualify as
categorical exclusions under NEPA, as
provided by the Department of the
Interior Manual (516 DM 2, Appendix 1
and 516 DM 6, Appendix 1). Based
upon this preliminary determination,
we do not intend to prepare further
NEPA documentation. The Service will
consider public comments in making its
final determination on whether to
prepare such additional documentation.
Public Review and Comment
We will evaluate the permit
applications, HCPs, and comments
submitted thereon to determine whether
the applications meet the requirements
of section 10(a) of the Act. If we
determine that the applications meet
those requirements, we will issue the
ITPs for incidental take of the Mount
Hermon June beetle. We will also
evaluate whether issuance of the section
10(a)(1)(B) ITPs complies with section 7
of the Act by conducting an intraService section 7 consultation. We will
use the results of this consultation, in
combination with the above findings, in
the final analysis to determine whether
or not to issue the ITPs.
If you wish to comment on the permit
applications, draft Environmental
Action Statements or the proposed
HCPs, you may submit your comments
to the address listed in the ADDRESSES
section of this document. Our practice
is to make comments, including names,
home addresses, etc., of respondents
available for public review. Individual
respondents may request that we
withhold their names and/or home
addresses, etc., but if you wish us to
consider withholding this information
you must state this prominently at the
beginning of your comments. In
addition, you must provide a rationale
demonstrating and documenting that
disclosure would constitute a clearly
unwarranted invasion of privacy. In the
absence of exceptional, documented
circumstances, this information will be
released. All submissions from
organizations or businesses, and from
individuals identifying themselves as
representatives or officials of
organizations or businesses, are
available for public inspection in their
entirety.
The Service provides this notice
pursuant to section 10(c) of the Act and
VerDate Aug<31>2005
23:33 Oct 02, 2008
Jkt 217001
pursuant to implementing regulations
for NEPA (40 CFR 1506.6).
Dated: September 29, 2008.
Diane K. Noda,
Field Supervisor, Ventura Fish and Wildlife
Office, Ventura, California.
[FR Doc. E8–23403 Filed 10–2–08; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Notice of Intent To Prepare an
Environmental Impact Statement for
the Proposed Big Sandy Casino and
Resort Project, Fresno County, CA
Bureau of Indian Affairs,
Interior.
ACTION: Notice.
AGENCY:
This notice advises the public
that the Bureau of Indian Affairs (BIA)
has replaced the National Indian
Gaming Commission (NIGC) as lead
agency in the preparation of an
Environmental Impact Statement (EIS)
for a proposed casino and hotel project
to be located near Friant, in Fresno
County, California. The BIA, with the
Big Sandy Rancheria Band of Western
Mono Indians (Tribe) as a cooperating
agency, intends to gather information
necessary for preparing the EIS. The
NIGC initiated the public scoping
process, including a public scoping
meeting on September 15, 2005, to
determine the issues, concerns and
alternatives to be included in the EIS.
The BIA is hereby continuing that
process, but as project plans have not
changed since the September 15, 2005,
meeting, will not be holding additional
public scoping meetings.
DATES: Written comments on the scope
and implementation of this proposal
must arrive by November 4, 2008.
ADDRESSES: You may mail or hand carry
written comments to Dale Morris,
Regional Director, Pacific Regional
Office, Bureau of Indian Affairs, 2800
Cottage Way, Sacramento, CA 95825.
Please include your name, return
address and the caption ‘‘DEIS Scoping
Comments, Big Sandy Casino and Resort
Project, Fresno County, California,’’ on
the first page of your written comments.
FOR FURTHER INFORMATION CONTACT: John
Rydzik, (916) 978–6051.
SUPPLEMENTARY INFORMATION: The
proposed project will be located east of
Friant in Fresno County, California, on
undeveloped foothill property
comprising approximately 48 acres of
allotted Indian land currently held in
trust by the United States for the
SUMMARY:
PO 00000
Frm 00059
Fmt 4703
Sfmt 4703
beneficial interest of an individual
member of the Tribe. The Tribe and the
individual Indian allotee have executed
and submitted for BIA approval a lease
agreement granting use of the property
to the Tribe for the development of a
casino, resort hotel, and supporting
facilities. The BIA’s proposed federal
action is the approval of this lease
agreement.
The Big Sandy Rancheria is a
federally recognized Indian Tribe with a
land base near Auberry, California. The
Tribe has approximately 450 members
and is governed by a Tribal Council
consisting of five members, under a
federally approved constitution. The Big
Sandy Rancheria currently has a
federally approved tribal-state gaming
compact with the State of California.
Public Comment Availability
Comments, including names and
addresses of respondents, will be
available for public review at the
mailing address shown in the
ADDRESSES section, during regular
business hours, 8 a.m. to 4:30 p.m.,
Monday through Friday, except
holidays. Before including your address,
telephone number, e-mail 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
review, we cannot guarantee that we
will be able to do so.
Authority
This notice is published in
accordance with sections 1501.7 and
1506.6 of the Council of Environmental
Quality regulations (40 CFR parts 1500
through 1508) implementing the
procedural requirements of the National
Environmental Policy Act of 1969, as
amended (42 U.S.C. 4371 et seq.), the
Department of the Interior Manual (516
DM 1–6), and is in the exercise of
authority delegated to the Assistant
Secretary—Indian Affairs by 209 DM
8.1.
Dated: May 2, 2008.
Carl J. Artman,
Assistant Secretary—Indian Affairs.
Editorial Note: This document was
received in the Office of the Federal Register
on September 30, 2008.
[FR Doc. E8–23448 Filed 10–2–08; 8:45 am]
BILLING CODE 4310–W7–P
E:\FR\FM\03OCN1.SGM
03OCN1
]]>Agencies
[Federal Register Volume 73, Number 193 (Friday, October 3, 2008)]
[Notices]
[Pages 57644-57646]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-23403]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R1-ES-2008-N0222; 81440-1112-0000 ABC Code F2]
Endangered and Threatened Wildlife and Plants; Incidental Take
Permits in Santa Cruz County, CA
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of receipt of applications for permit.
-----------------------------------------------------------------------
SUMMARY: We, the Fish and Wildlife Service (Service), announce the
availability of five Incidental Take Permit applications and Habitat
Conservation Plans (HCPs) under section 10(a)(1)(B) of the Endangered
Species Act of 1973, as amended (Act). The applicants collectively
anticipate removing a total of approximately 2.04 acres of Mount Hermon
June beetle (Polyphylla barbata) occupied habitat, and one HCP also
includes the federally endangered Ben Lomond spineflower (Chorizanthe
pungens var. hartwegiana) as a covered species. We are requesting
comments on the permit applications and on our preliminary
determination that the proposed HCPs qualify as ``low effect'' HCPs,
eligible for a categorical exclusion under the National Environmental
Policy Act of 1969, as amended.
DATES: Written comments should be received on or before November 3,
2008.
ADDRESSES: Please address written comments to Diane Noda, Field
Supervisor, Ventura Fish and Wildlife Office, U.S. Fish and Wildlife
Service, 2493 Portola Road, Suite B, Ventura, California 93003. You may
also send comments by facsimile to (805) 644-3958. To obtain copies of
draft documents, see ``Availability of Documents'' under SUPPLEMENTARY
INFORMATION.
FOR FURTHER INFORMATION CONTACT: Jen Lechuga, HCP Coordinator (see
ADDRESSES), telephone: (805) 644-1766 extension 224.
SUPPLEMENTARY INFORMATION:
Availability of Documents
You may obtain copies of the applications and HCPs by contacting
the HCP Coordinator (see FOR FURTHER
[[Page 57645]]
INFORMATION CONTACT). Documents will also be available for review by
appointment, during normal business hours, at the Ventura Fish and
Wildlife Office (see ADDRESSES), or via the Internet at: https://
www.fws.gov/ventura.
Background
Section 9 of the Act (16 U.S.C. 1531 et seq.) and Federal
regulations prohibit the ``take'' of fish or wildlife species listed as
endangered or threatened, respectively. Take of listed fish or wildlife
is defined under the Act to mean to harass, harm, pursue, hunt, shoot,
wound, kill, trap, capture, or collect, or to attempt to engage in any
such conduct. However, the Service, under limited circumstances, may
issue permits to cover incidental take, i.e., take that is incidental
to, and not the purpose of, the carrying out of an otherwise lawful
activity. Regulations governing incidental take permits for threatened
and endangered species are found at 50 CFR 17.32 and 17.22,
respectively. Among other criteria, issuance of such permits must not
jeopardize the existence of federally listed fish, wildlife, or plants.
We announce the availability of five Incidental Take Permit (ITP)
applications and Habitat Conservation Plans (HCPs) from the following
five applicants: Blake Lane LLP, Larry Busch, Jim Sisk, Richard and
Carolyn Tinkess, and Ed and Lita West. Blake Lane LLP, Larry Busch, and
Jim Sisk each request an ITP for a duration of 5 years; Richard and
Carolyn Tinkess and Ed and Lita West each request an ITP for a duration
of 3 years, under section 10(a)(1)(B) of the Act. The applicants
collectively anticipate removing a total of approximately 2.04 acres of
Mount Hermon June beetle (Polyphylla barbata) occupied habitat
incidental to constructing six condominiums, nine single-family homes,
one single-family home relocation, and an addition to an existing
single-family home in Santa Cruz County, California (Projects).
The applicants' HCPs describe the mitigation and minimization
measures the applicants propose to address the effects of the Projects
on the Mount Hermon June beetle. In addition, the Richard and Carolyn
Tinkess HCP includes the federally endangered Ben Lomond spineflower
(Chorizanthe pungens var. hartwegiana) as a covered species, and their
HCP describes mitigation and minimization measures for this species as
well.
The Projects are located on soils known as ``Zayante sands.'' These
soils support the Zayante sandhills ecosystem that occurs exclusively
in the Santa Cruz Mountains near the city of Scotts Valley and the
communities of Ben Lomond, Mount Hermon, Felton, Olympia, Corralitos,
and Bonny Doon. The Mount Hermon June beetle is restricted to Zayante
sands soils in the Scotts Valley-Mount Hermon-Felton-Ben Lomond area
and is found in association with vegetation of the Zayante sandhills,
which is characterized by a mosaic of ponderosa pines (Pinus
ponderosa), silverleaf manzanita (Arctostaphylos silvicola), and areas
that are sparsely vegetated with grasses and herbs.
The five applicants are requesting to remove approximately 2.04
acres of combined Mount Hermon June beetle habitat incidental to
construction of the Projects. Residential construction of the six
condominiums for Blake Lane LLP would occur within parcel 022-172-47 in
Scotts Valley, Santa Cruz County, California. Residential construction
of two single-family homes and a single-family home relocation for Mr.
and Mrs. Larry Busch would occur within parcel 067-041-24 near the city
of Scotts Valley, Santa Cruz County, California. Residential
construction of six single-family homes for Jim Sisk would occur within
parcels 021-231-09 and 021-071-02 near the city of Scotts Valley in
Santa Cruz County, California. Residential construction of one single-
family home for Richard and Carolyn Tinkess would occur within parcel
067-411-39 near the city of Scotts Valley in Santa Cruz County,
California. Residential construction of a room addition to a single-
family home for Ed and Lita West would occur within parcel 072-273-34
in Ben Lomond, Santa Cruz County, California.
The parcels combined encompass about 3.54 acres, and the footprints
of the homes, infrastructure, and landscaping would eliminate 2.04
acres of Mount Hermon June beetle habitat. To mitigate for incidental
take on the project sites, the applicants propose to purchase a total
of 2.33 acres of conservation credits for the Mount Hermon June beetle
at the recently approved Ben Lomond Sandhills Preserve of the Zayante
Sandhills Conservation Bank operated by PCO, LLC. In addition, the
applicants will implement a number of minimization and mitigation
measures intended to reduce impacts from the proposed Projects on the
Mount Hermon June beetle.
National Environmental Policy Act
We are requesting comments on the permit applications and on our
preliminary determination that the proposed Habitat Conservation Plans
(HCP) qualify as ``low effect'' HCPs, eligible for a categorical
exclusion under the National Environmental Policy Act (NEPA) of 1969,
as amended (42 U.S.C. 4321 et seq.). We explain the basis for this
possible determination in draft Environmental Action Statements (EAS)
and associated Low Effect Screening Forms. The Applicants' Low Effect
HCPs describe the mitigation and minimization measures they would
implement, as required in section 10(a)(2)(B) of the Act, to address
the effects of the Projects on the Mount Hermon June beetle. The draft
HCPs and EASs are available for public review.
We have made a preliminary determination that the HCPs qualify as
``low-effect'' plans as defined by our Habitat Conservation Planning
Handbook (November 1996). Our determination that an HCP qualifies as a
low-effect plan is based on the following criteria: (1) Implementation
of the plan would result in minor or negligible effects on federally
listed, proposed, and candidate species and their habitats; (2)
implementation of the plan would result in minor or negligible effects
on other environmental values or resources; and (3) impacts of the
plan, considered together with the impacts of other past, present, and
reasonably foreseeable similarly situated projects would not result,
over time, in cumulative effects to the environmental values or
resources that would be considered significant. As more fully explained
in our EASs and associated Low Effect Screening Forms, the Applicants'
proposals for residential construction qualify as ``low effect'' plans
for the following reasons:
(1) Approval of the HCPs would result in minor or negligible
effects on the Mount Hermon June beetle and Ben Lomond spineflower and
their habitat. The Service does not anticipate significant direct or
cumulative effects to the Mount Hermon June beetle or Ben Lomond
spineflower resulting from the proposed Projects.
(2) Approval of the HCPs would not have adverse effects on unique
geographic, historic, or cultural sites, or involve unique or unknown
environmental risks.
(3) Approval of the HCPs would not result in any cumulative or
growth-inducing impacts and would not result in significant adverse
effects on public health or safety.
(4) The Projects do not require compliance with Executive Order
11988 (Floodplain Management), Executive Order 11990 (Protection of
Wetlands), or the Fish and Wildlife Coordination Act, nor do they
threaten to violate a Federal, State, local, or tribal law or
requirement
[[Page 57646]]
imposed for the protection of the environment.
(5) Approval of the HCPs would not establish a precedent for future
actions or represent a decision in principle about future actions with
potentially significant environmental effects.
The Service, therefore, has made a preliminary determination that
approvals of the HCPs qualify as categorical exclusions under NEPA, as
provided by the Department of the Interior Manual (516 DM 2, Appendix 1
and 516 DM 6, Appendix 1). Based upon this preliminary determination,
we do not intend to prepare further NEPA documentation. The Service
will consider public comments in making its final determination on
whether to prepare such additional documentation.
Public Review and Comment
We will evaluate the permit applications, HCPs, and comments
submitted thereon to determine whether the applications meet the
requirements of section 10(a) of the Act. If we determine that the
applications meet those requirements, we will issue the ITPs for
incidental take of the Mount Hermon June beetle. We will also evaluate
whether issuance of the section 10(a)(1)(B) ITPs complies with section
7 of the Act by conducting an intra-Service section 7 consultation. We
will use the results of this consultation, in combination with the
above findings, in the final analysis to determine whether or not to
issue the ITPs.
If you wish to comment on the permit applications, draft
Environmental Action Statements or the proposed HCPs, you may submit
your comments to the address listed in the ADDRESSES section of this
document. Our practice is to make comments, including names, home
addresses, etc., of respondents available for public review. Individual
respondents may request that we withhold their names and/or home
addresses, etc., but if you wish us to consider withholding this
information you must state this prominently at the beginning of your
comments. In addition, you must provide a rationale demonstrating and
documenting that disclosure would constitute a clearly unwarranted
invasion of privacy. In the absence of exceptional, documented
circumstances, this information will be released. All submissions from
organizations or businesses, and from individuals identifying
themselves as representatives or officials of organizations or
businesses, are available for public inspection in their entirety.
The Service provides this notice pursuant to section 10(c) of the
Act and pursuant to implementing regulations for NEPA (40 CFR 1506.6).
Dated: September 29, 2008.
Diane K. Noda,
Field Supervisor, Ventura Fish and Wildlife Office, Ventura,
California.
[FR Doc. E8-23403 Filed 10-2-08; 8:45 am]
BILLING CODE 4310-55-P
