Endangered and Threatened Wildlife and Plants; Permits, City of Scotts Valley and Santa Cruz County, CA, 17664-17666 [2011-7426]
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Federal Register / Vol. 76, No. 61 / Wednesday, March 30, 2011 / Notices
Status Communities. If the applicant is
from the agency that holds Point of
Contact status in a particular Preferred
Sustainability Status Community, it
must be certified by the appropriate
HUD Regional Administrator in
consultation with field staff.
DATES: Comments Due Date: April 29,
2011.
ADDRESSES: Interested persons are
invited to submit comments regarding
this proposal.
Comments should refer to the
proposal by name and/or OMB approval
Number (2535–Pending) and should be
sent to: HUD Desk Officer, Office of
Management and Budget, New
Executive Office Building, Washington,
DC 20503; e-mail OIRA–
Submission@omb.eop.gov; fax: 202–
395–5806.
FOR FURTHER INFORMATION CONTACT:
Colette Pollard, Reports Management
Officer, QDAM, Department of Housing
and Urban Development, 451 Seventh
Street, SW., Washington, DC 20410; email Colette Pollard at
Colette.Pollard@hud.gov; or telephone
(202) 402–3400. This is not a toll-free
number. Copies of available documents
submitted to OMB may be obtained
from Ms. Pollard.
This
notice informs the public that the
Department of Housing and Urban
Development has submitted to OMB a
request for approval of the
Information collection described
below. This notice is soliciting
comments from members of the public
and affecting agencies concerning the
proposed collection of information to:
(1) Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility; (2) Evaluate the
accuracy of the agency’s estimate of the
burden of the proposed collection of
information; (3) Enhance the quality,
utility, and clarity of the information to
be collected; and (4) Minimize the
burden of the collection of information
on those who are to respond; including
through the use of appropriate
automated collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses.
This notice also lists the following
information:
Title of Proposal: Certification of
Consistency and Nexus between
SUPPLEMENTARY INFORMATION:
Activities Proposed by the Applicant
with Livability Principles Advanced in
Preferred Sustainability Status
Communities.
OMB Approval Number: 2535–
Pending.
Form Numbers: HUD–2995.
Description of the Need for the
Information and its Proposed Use:
The proposed form, an attachment to
HUD Federal Financial Assistance
applications, requests applicants to
obtain a certification from the
Designated Point of Contact for
designated Preferred Sustainability
Status Community using form HUD–
2995 which verifies that the applicant
has met the above criteria. The form will
certify the nexus between the proposed
activities of the applicant and the
Livability Principles as they are being
advanced in the Preferred Sustainability
Status Communities. If the applicant is
from the agency that holds Point of
Contact status in a particular Preferred
Sustainability Status Community, it
must be certified by the appropriate
HUD Regional Administrator in
consultation with field staff.
Frequency of Submission: Other Upon
submission of grant application.
Number of
respondents
Annual
responses
11,000
1
Reporting Burden ..............................................................................
Total Estimated Burden Hours: 1,100.
Status: New Collection.
Authority: Section 3507 of the Paperwork
Reduction Act of 1995, 44 U.S.C. 35, as
amended.
Dated: March 23, 2011.
Colette Pollard,
Departmental Reports Management Officer,
Office of the Chief Information Officer.
[FR Doc. 2011–7404 Filed 3–29–11; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF THE INTERIOR
WReier-Aviles on DSKGBLS3C1PROD with NOTICES
Fish and Wildlife Service
[FWS–R8–ES–2011–N038; 1112–0000–
81440–F2]
Endangered and Threatened Wildlife
and Plants; Permits, City of Scotts
Valley and Santa Cruz County, CA
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability.
AGENCY:
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Jkt 223001
We, the U.S. Fish and
Wildlife Service (Service), have received
applications from the County of Santa
Cruz (County) and the City of Scotts
Valley (City) (applicants) for incidental
take permits under section the
Endangered Species Act of 1973, as
amended (Act). We are considering
issuing permits that would authorize the
applicants’ take of the Federally
endangered Mount Hermon June beetle
(Polyphylla barbata) incidental to
otherwise lawful activities that would
result in the permanent loss of 139 acres
of habitat for the species in Santa Cruz
County, California. The permits would
also include the Federally endangered
Ben Lomond spineflower (Chorizanthe
pungens var. hartwegiana) as a covered
species. We invite comments from the
public on the applications, which
include an Interim Programmatic
Habitat Conservation Plan (IPHCP) and
an Implementing Agreement (IA) that
describe the proposed project and
measures the applicants would
undertake to minimize and mitigate
SUMMARY:
PO 00000
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×
Hours per
response
0.1
=
Burden hours
1,100
anticipated take of the species. We also
invite comments from the public on the
draft environmental assessment (EA)
prepared to comply with the National
Environmental Policy Act (NEPA).
DATES: Please send your written
comments by May 31, 2011.
ADDRESSES: Please address written
comments to Diane K. Noda, Field
Supervisor, Ventura Fish and Wildlife
Office, U.S. Fish and Wildlife Service,
2493 Portola Road, Suite B, Ventura, CA
93003. You may alternatively send
comments by facsimile to (805) 644–
3958.
FOR FURTHER INFORMATION CONTACT: Jen
Lechuga, HCP Coordinator, 2493 Portola
Road, Suite B, Ventura, CA 93003, or by
telephone at (805) 644–1766, extension
224.
SUPPLEMENTARY INFORMATION:
Availability of Documents
You may download a copy of the
IPHCP, IAs and related documents on
the Internet at https://www.fws.gov/
ventura/, or you may request documents
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Federal Register / Vol. 76, No. 61 / Wednesday, March 30, 2011 / Notices
by U.S. mail or phone. Individuals
wishing copies of the Draft IPHCP, Draft
EA, and/or Draft IAs, should contact the
Service by telephone (see FOR FURTHER
INFORMATION CONTACT).
WReier-Aviles on DSKGBLS3C1PROD with NOTICES
Background
The Service designated the Ben
Lomond spineflower and Mount
Hermon June beetle as Federally
endangered in 1994 and 1997,
respectively, under the Act (59 FR 5499,
February 4, 1994; 62 FR 3616, January
24, 1997). Section 9 of the Act (16
U.S.C. 1531 et seq.) and our
implementing Federal regulations in the
Code of Federal Regulations (CFR) at 50
CFR part 17 prohibit the ‘‘take’’ of fish
or wildlife species listed as endangered
or threatened. Take of listed fish or
wildlife is defined under the Act as ‘‘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). However,
under limited circumstances, we issue
permits to authorize 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
at 50 CFR 17.32 and 17.22, respectively.
The Act’s take prohibitions do not apply
to Federally listed plants on private
lands. In addition to meeting other
permit issuance criteria, the applicant’s
proposed covered activities must not
jeopardize the existence of Federally
listed fish, wildlife, or plants.
Project Location
The Project is located on soils known
as Zayante sands. These soils support
the Zayante sandhills ecosystem, which
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.
Project Information
In the Zayante Sandhills region,
numerous private landowners within
the City or County are interested in
applying for ITPs to allow for the take
of the Mount Hermon June beetle
incidental to small development
VerDate Mar<15>2010
14:59 Mar 29, 2011
Jkt 223001
projects (e.g., single-family dwelling,
garage, house remodel, deck, etc.) on
private parcels and to address
associated impacts to Ben Lomond
spineflower. The Service recommended
that the City and County coordinate ITP
applications and develop a regional
programmatic habitat conservation plan
(HCP) for the Sandhills. Completion and
implementation of a regional HCP
would provide conservation benefits for
these and other rare species associated
with this habitat and would streamline
the process for landowners to comply
with the Act and local and State
permits.
The City and County propose to
extend their take authorization issued
by the Service to project proponents
through a certificate of inclusion.
Individual projects on private land
would be eligible for ITP coverage if the
project meets specific criteria.
Landowners would determine if their
proposed project is eligible for ITP
coverage (that is, whether their project
is a Covered Activity under the ITP)
based on a set of criteria and a checklist
of eligibility requirements. These
determinations by landowners would be
reviewed by the City or County. The
City or County would review individual
projects based on the following criteria:
• Project is residential.
• Project is located on a parcel that is
1.5 acres or less in size.
• Project would result in ground
disturbance of Zayante soils.
• Development envelope for the
project, when combined with the
development envelope for any project
previously implemented on the same
parcel using the proposed IPHCP and
the relevant ITP, will not exceed 15,000
square feet (0.34 acre).
• Proposed development is one or
more of the following project types that
requires a City or County discretionary
or building permit that involves ground
disturbance. Examples include: (1)
Single-family dwelling; (2) guest cottage
(or accessory dwelling unit); (3)
attached or detached garage, shed,
storage building; (4) room addition; (5)
remodels that involve ground
disturbance; and (6) septic system
installations and upgrades that involve
new ground disturbance.
• On a case-by-case basis, the Service
and the appropriate local jurisdiction
may also approve for coverage under the
proposed IPHCP and ITPs other similar
development projects that meet the
eligibility requirements listed in the
proposed IPHCP.
Ten Project Units (Designated group
of land parcels) within the IPHCP
boundary were identified within the
communities of Ben Lomond, Felton,
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17665
Mount Hermon, and Scotts Valley.
These Project Units range in size from
3.2 to 373 acres and encompass a total
of 1,693.2 acres, including roads,
common areas, and substantial areas
containing prior development. Within
these Project Units, a maximum of 139
acres of Sandhills habitat may be
developed or otherwise disturbed under
the proposed IPHCP as a result of
Covered Activities. According to the
proposed IPHCP, this acreage represents
5 percent of the estimated total amount
(2,800 acres) of Sandhills habitat with
documented occurrences of the Mount
Hermon June beetle as of 2004.
The IPHCP proposes to provide a
process under which landowners may
proceed with small development
projects in areas where on-site
avoidance of habitat for the Mount
Hermon June beetle and Ben Lomond
spineflower is not feasible. In such
cases, landowners will first be required
to minimize habitat loss and
disturbance via the implementation of
the following required minimization
measures (see the IPHCP for additional
details about these measures):
• Impacts to plants that are native to
the Sandhills must be avoided to the
greatest extent feasible, consistent with
the purpose of the Covered Activity.
• Ground-disturbing activities
associated with construction (e.g.,
vegetation clearance, grading, digging,
etc.) must be minimized between May
15 and August 15 within the
development envelope.
• If construction-related ground
disturbance associated with Covered
Activities cannot be scheduled to avoid
the May 15 to August 15 timeframe,
participating landowners must ensure
that areas that have been disturbed by
construction activities during this
timeframe are covered each evening
during this timeframe with tarps,
landscape fabric, or other similar
material. Only the immediate areas that
have been recently disturbed (i.e., with
exposed dirt just before the species
flight season) must be covered in this
manner between May 15 and August 15.
• Landscaping elements that degrade
habitat must be minimized to the
greatest extent feasible, as determined
by the City or County, and consistent
with the purpose of the Covered
Activity.
• Indirect impacts to the Mount
Hermon June beetle from project
lighting must be minimized to the
greatest extent feasible.
In addition to the above minimization
measures, the impacts of Covered
Activities must be mitigated and
compensated for through the
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Federal Register / Vol. 76, No. 61 / Wednesday, March 30, 2011 / Notices
WReier-Aviles on DSKGBLS3C1PROD with NOTICES
implementation of the following
mitigation measures (see the IPHCP for
additional details about these
measures):
• To the maximum extent feasible,
the City and County will require that
any revegetation or landscaping
activities associated with Covered
Activities are conducted using locally
derived source material (i.e., seeds or
cuttings) of plant species native to the
Sandhills, with particular emphasis on
the plant species identified in Appendix
F of the IPHCP.
• Prior to beginning any grounddisturbing activities, the impacts of
Covered Activities must be mitigated in
one of the following ways: (1) The
landowner must secure conservation
credits for the Mount Hermon June
beetle at a ratio of 1:1 in terms of acres
of disturbance to numbers of credits
(e.g., a project with a 0.1-acre
disturbance envelope will mitigate by
securing 0.1 acre of conservation credits
for the Mount Hermon June beetle) at
the Zayante Sandhills Conservation
Bank; or (2) The landowner must secure
conservation credits for the Mount
Hermon June beetle at a ratio of 1:1 in
terms of acres of disturbance to numbers
of credits (e.g., a project with a 0.1-acre
disturbance envelope will mitigate by
securing 0.1 acre of conservation credits
for the Mount Hermon June beetle) at
another Service-approved conservation
bank; this bank must also have an
Operating Agreement with the County if
the parcel is within the County’s
jurisdiction.
Environmental Assessment (EA)
The Draft EA considers the effects on
the human environment of: (1) Our
proposed action of issuing ITPs to the
City and County based on the IPHCP,
(2) a Reduced-Take Alternative to the
proposed action, and (3) No Action
Alternative. Under the Reduced-Take
Alternative, we would propose to issue
ITPs to the City and County where the
total amount of development that would
be covered under the IPHCP and related
ITPs would be 100 acres, instead of 139
acres as is currently proposed. The
maximum disturbance footprint would
remain at 15,000 square feet (0.34 acre)
per parcel. The boundaries of the 10
project units would remain unchanged
as would the minimization and
mitigation measures of the IPHCP’s
operating conservation plan. Under the
No Action Alternative, the Service
would not issue ITPs for the Mount
Hermon June beetle to the City and
County; thus, private landowners within
the IPHCP area would have to apply to
the Service individually to obtain an
ITP.
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14:59 Mar 29, 2011
Jkt 223001
Request for Comments
We are requesting comments on our
preliminary determination that the
proposed project will not have
significant effects on the environment,
and suggestions for issues we should
consider in our analysis. The Service
will use the EA to determine whether its
decision can result in a Finding of No
Significant Impact (FONSI) or if an
Environmental Impact Statement (EIS)
must be prepared.
Based on our review of public
comments that we receive in response to
this notice, we may revise this
preliminary determination.
Public Availability of Comments
Please direct any comments to the
Service contact listed above in the
ADDRESSES section, and any questions to
the Service contact listed in the FOR
FURTHER INFORMATION CONTACT section.
All comments and materials we receive,
including names and addresses, will
become part of the administrative record
and may be released to the public.
Before including your address, phone
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.
Next Steps
We will evaluate the IPHCP and
comments we receive to determine
whether the permit applications meet
the requirements of section 10(a) of the
Act (16 U.S.C. 1531 et seq.) and
complete our compliance with NEPA. If
we determine that the applications meet
these requirements, we will issue the
permits for incidental take of the Mount
Hermon June beetle. We will also
evaluate whether issuance of section
10(a)(1)(B) permits would comply 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 our final analysis to determine
whether or not to issue a permit. If the
requirements are met, we will issue the
permits to the applicants.
Authority
Frm 00050
[FR Doc. 2011–7426 Filed 3–29–11; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R8–ES–2011–N010; 1112–0000–
80221–F2]
Endangered and Threatened Wildlife
and Plants; Permits; Joint
Supplemental Environmental Impact
Report/Environmental Impact
Statement, Riverside County, CA
Fish and Wildlife Service,
Interior.
ACTION: Notice of intent.
AGENCY:
We, the Fish and Wildlife
Service (Service), in coordination with
the Coachella Valley Conservation
Commission (CVCC), are gathering
information necessary for the
preparation of a joint Supplemental
Environmental Impact Report/
Environmental Impact Statement
(Supplemental EIR/EIS) under the
National Environmental Policy Act
(NEPA). This is a Supplemental EIR/EIS
to the approved and certified September
2007 Final Recirculated EIR/EIS for the
Coachella Valley Multiple Species
Habitat Conservation Plan (Plan, or
CVMSHCP). The Supplemental EIR/EIS
will consider the environmental effects
associated with the issuance of an
amended permit for the CVMSHCP,
adding the City of Desert Hot Springs
(City) and Mission Springs Water
District (MSWD) as permittees under the
Endangered Species Act of 1973 (Act),
as amended.We are furnishing this
notice to announce the initiation of a
public scoping period, during which we
invite other agencies, Tribes, and
interested persons to provide comments
to identify and discuss the scope of
issues and alternatives that should be
addressed in the Supplemental EIR/EIS.
DATES: Written comments must be
received by 5 p.m. on April 29, 2011.
ADDRESSES: Send comments to Mr. Jim
A. Bartel, Field Supervisor, U.S. Fish
and Wildlife Service, 6010 Hidden
Valley Road, Suite 101, Carlsbad, CA
92011. Alternatively, you may submit
comments by facsimile to (760) 918–
0638.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
We provide this notice under section
10 of the Act (U.S.C. 1531 et seq.) and
NEPA regulations (40 CFR 1506.6).
PO 00000
Dated: March 24, 2011.
Paul B McKim,
Acting Deputy Regional Director, Pacific
Southwest Region, Sacramento, CA.
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Carol Roberts, Division Chief, Coachella
and Imperial Valleys (see ADDRESSES),
telephone (760) 431–9440.
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]]>Agencies
[Federal Register Volume 76, Number 61 (Wednesday, March 30, 2011)]
[Notices]
[Pages 17664-17666]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-7426]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R8-ES-2011-N038; 1112-0000-81440-F2]
Endangered and Threatened Wildlife and Plants; Permits, City of
Scotts Valley and Santa Cruz County, CA
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have
received applications from the County of Santa Cruz (County) and the
City of Scotts Valley (City) (applicants) for incidental take permits
under section the Endangered Species Act of 1973, as amended (Act). We
are considering issuing permits that would authorize the applicants'
take of the Federally endangered Mount Hermon June beetle (Polyphylla
barbata) incidental to otherwise lawful activities that would result in
the permanent loss of 139 acres of habitat for the species in Santa
Cruz County, California. The permits would also include the Federally
endangered Ben Lomond spineflower (Chorizanthe pungens var.
hartwegiana) as a covered species. We invite comments from the public
on the applications, which include an Interim Programmatic Habitat
Conservation Plan (IPHCP) and an Implementing Agreement (IA) that
describe the proposed project and measures the applicants would
undertake to minimize and mitigate anticipated take of the species. We
also invite comments from the public on the draft environmental
assessment (EA) prepared to comply with the National Environmental
Policy Act (NEPA).
DATES: Please send your written comments by May 31, 2011.
ADDRESSES: Please address written comments to Diane K. Noda, Field
Supervisor, Ventura Fish and Wildlife Office, U.S. Fish and Wildlife
Service, 2493 Portola Road, Suite B, Ventura, CA 93003. You may
alternatively send comments by facsimile to (805) 644-3958.
FOR FURTHER INFORMATION CONTACT: Jen Lechuga, HCP Coordinator, 2493
Portola Road, Suite B, Ventura, CA 93003, or by telephone at (805) 644-
1766, extension 224.
SUPPLEMENTARY INFORMATION:
Availability of Documents
You may download a copy of the IPHCP, IAs and related documents on
the Internet at https://www.fws.gov/ventura/, or you may request
documents
[[Page 17665]]
by U.S. mail or phone. Individuals wishing copies of the Draft IPHCP,
Draft EA, and/or Draft IAs, should contact the Service by telephone
(see FOR FURTHER INFORMATION CONTACT).
Background
The Service designated the Ben Lomond spineflower and Mount Hermon
June beetle as Federally endangered in 1994 and 1997, respectively,
under the Act (59 FR 5499, February 4, 1994; 62 FR 3616, January 24,
1997). Section 9 of the Act (16 U.S.C. 1531 et seq.) and our
implementing Federal regulations in the Code of Federal Regulations
(CFR) at 50 CFR part 17 prohibit the ``take'' of fish or wildlife
species listed as endangered or threatened. Take of listed fish or
wildlife is defined under the Act as ``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). However, under limited
circumstances, we issue permits to authorize 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 at 50 CFR 17.32 and
17.22, respectively. The Act's take prohibitions do not apply to
Federally listed plants on private lands. In addition to meeting other
permit issuance criteria, the applicant's proposed covered activities
must not jeopardize the existence of Federally listed fish, wildlife,
or plants.
Project Location
The Project is located on soils known as Zayante sands. These soils
support the Zayante sandhills ecosystem, which 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.
Project Information
In the Zayante Sandhills region, numerous private landowners within
the City or County are interested in applying for ITPs to allow for the
take of the Mount Hermon June beetle incidental to small development
projects (e.g., single-family dwelling, garage, house remodel, deck,
etc.) on private parcels and to address associated impacts to Ben
Lomond spineflower. The Service recommended that the City and County
coordinate ITP applications and develop a regional programmatic habitat
conservation plan (HCP) for the Sandhills. Completion and
implementation of a regional HCP would provide conservation benefits
for these and other rare species associated with this habitat and would
streamline the process for landowners to comply with the Act and local
and State permits.
The City and County propose to extend their take authorization
issued by the Service to project proponents through a certificate of
inclusion. Individual projects on private land would be eligible for
ITP coverage if the project meets specific criteria. Landowners would
determine if their proposed project is eligible for ITP coverage (that
is, whether their project is a Covered Activity under the ITP) based on
a set of criteria and a checklist of eligibility requirements. These
determinations by landowners would be reviewed by the City or County.
The City or County would review individual projects based on the
following criteria:
Project is residential.
Project is located on a parcel that is 1.5 acres or less
in size.
Project would result in ground disturbance of Zayante
soils.
Development envelope for the project, when combined with
the development envelope for any project previously implemented on the
same parcel using the proposed IPHCP and the relevant ITP, will not
exceed 15,000 square feet (0.34 acre).
Proposed development is one or more of the following
project types that requires a City or County discretionary or building
permit that involves ground disturbance. Examples include: (1) Single-
family dwelling; (2) guest cottage (or accessory dwelling unit); (3)
attached or detached garage, shed, storage building; (4) room addition;
(5) remodels that involve ground disturbance; and (6) septic system
installations and upgrades that involve new ground disturbance.
On a case-by-case basis, the Service and the appropriate
local jurisdiction may also approve for coverage under the proposed
IPHCP and ITPs other similar development projects that meet the
eligibility requirements listed in the proposed IPHCP.
Ten Project Units (Designated group of land parcels) within the
IPHCP boundary were identified within the communities of Ben Lomond,
Felton, Mount Hermon, and Scotts Valley. These Project Units range in
size from 3.2 to 373 acres and encompass a total of 1,693.2 acres,
including roads, common areas, and substantial areas containing prior
development. Within these Project Units, a maximum of 139 acres of
Sandhills habitat may be developed or otherwise disturbed under the
proposed IPHCP as a result of Covered Activities. According to the
proposed IPHCP, this acreage represents 5 percent of the estimated
total amount (2,800 acres) of Sandhills habitat with documented
occurrences of the Mount Hermon June beetle as of 2004.
The IPHCP proposes to provide a process under which landowners may
proceed with small development projects in areas where on-site
avoidance of habitat for the Mount Hermon June beetle and Ben Lomond
spineflower is not feasible. In such cases, landowners will first be
required to minimize habitat loss and disturbance via the
implementation of the following required minimization measures (see the
IPHCP for additional details about these measures):
Impacts to plants that are native to the Sandhills must be
avoided to the greatest extent feasible, consistent with the purpose of
the Covered Activity.
Ground-disturbing activities associated with construction
(e.g., vegetation clearance, grading, digging, etc.) must be minimized
between May 15 and August 15 within the development envelope.
If construction-related ground disturbance associated with
Covered Activities cannot be scheduled to avoid the May 15 to August 15
timeframe, participating landowners must ensure that areas that have
been disturbed by construction activities during this timeframe are
covered each evening during this timeframe with tarps, landscape
fabric, or other similar material. Only the immediate areas that have
been recently disturbed (i.e., with exposed dirt just before the
species flight season) must be covered in this manner between May 15
and August 15.
Landscaping elements that degrade habitat must be
minimized to the greatest extent feasible, as determined by the City or
County, and consistent with the purpose of the Covered Activity.
Indirect impacts to the Mount Hermon June beetle from
project lighting must be minimized to the greatest extent feasible.
In addition to the above minimization measures, the impacts of Covered
Activities must be mitigated and compensated for through the
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implementation of the following mitigation measures (see the IPHCP for
additional details about these measures):
To the maximum extent feasible, the City and County will
require that any revegetation or landscaping activities associated with
Covered Activities are conducted using locally derived source material
(i.e., seeds or cuttings) of plant species native to the Sandhills,
with particular emphasis on the plant species identified in Appendix F
of the IPHCP.
Prior to beginning any ground-disturbing activities, the
impacts of Covered Activities must be mitigated in one of the following
ways: (1) The landowner must secure conservation credits for the Mount
Hermon June beetle at a ratio of 1:1 in terms of acres of disturbance
to numbers of credits (e.g., a project with a 0.1-acre disturbance
envelope will mitigate by securing 0.1 acre of conservation credits for
the Mount Hermon June beetle) at the Zayante Sandhills Conservation
Bank; or (2) The landowner must secure conservation credits for the
Mount Hermon June beetle at a ratio of 1:1 in terms of acres of
disturbance to numbers of credits (e.g., a project with a 0.1-acre
disturbance envelope will mitigate by securing 0.1 acre of conservation
credits for the Mount Hermon June beetle) at another Service-approved
conservation bank; this bank must also have an Operating Agreement with
the County if the parcel is within the County's jurisdiction.
Environmental Assessment (EA)
The Draft EA considers the effects on the human environment of: (1)
Our proposed action of issuing ITPs to the City and County based on the
IPHCP, (2) a Reduced-Take Alternative to the proposed action, and (3)
No Action Alternative. Under the Reduced-Take Alternative, we would
propose to issue ITPs to the City and County where the total amount of
development that would be covered under the IPHCP and related ITPs
would be 100 acres, instead of 139 acres as is currently proposed. The
maximum disturbance footprint would remain at 15,000 square feet (0.34
acre) per parcel. The boundaries of the 10 project units would remain
unchanged as would the minimization and mitigation measures of the
IPHCP's operating conservation plan. Under the No Action Alternative,
the Service would not issue ITPs for the Mount Hermon June beetle to
the City and County; thus, private landowners within the IPHCP area
would have to apply to the Service individually to obtain an ITP.
Request for Comments
We are requesting comments on our preliminary determination that
the proposed project will not have significant effects on the
environment, and suggestions for issues we should consider in our
analysis. The Service will use the EA to determine whether its decision
can result in a Finding of No Significant Impact (FONSI) or if an
Environmental Impact Statement (EIS) must be prepared.
Based on our review of public comments that we receive in response
to this notice, we may revise this preliminary determination.
Public Availability of Comments
Please direct any comments to the Service contact listed above in
the ADDRESSES section, and any questions to the Service contact listed
in the FOR FURTHER INFORMATION CONTACT section. All comments and
materials we receive, including names and addresses, will become part
of the administrative record and may be released to the public. Before
including your address, phone 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.
Next Steps
We will evaluate the IPHCP and comments we receive to determine
whether the permit applications meet the requirements of section 10(a)
of the Act (16 U.S.C. 1531 et seq.) and complete our compliance with
NEPA. If we determine that the applications meet these requirements, we
will issue the permits for incidental take of the Mount Hermon June
beetle. We will also evaluate whether issuance of section 10(a)(1)(B)
permits would comply 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 our final
analysis to determine whether or not to issue a permit. If the
requirements are met, we will issue the permits to the applicants.
Authority
We provide this notice under section 10 of the Act (U.S.C. 1531 et
seq.) and NEPA regulations (40 CFR 1506.6).
Dated: March 24, 2011.
Paul B McKim,
Acting Deputy Regional Director, Pacific Southwest Region, Sacramento,
CA.
[FR Doc. 2011-7426 Filed 3-29-11; 8:45 am]
BILLING CODE 4310-55-P
