Fish and Wildlife Service 0648-XB088, 70147-70149 [2012-28488]

Agencies

• National Oceanic and Atmospheric Administration
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 77, Number 226 (Friday, November 23, 2012)]
[Notices]
[Pages 70147-70149]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-28488]


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DEPARTMENT OF THE INTERIOR

National Oceanic and Atmospheric Administration


Fish and Wildlife Service 0648-XB088

Environmental Impact Statement; Availability: Authorization for 
Incidental Take and Implementation of the Stanford University 
Habitat Conservation Plan

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce; Fish and Wildlife Service 
(USFWS), Interior.

ACTION: Notice of availability of final environmental impact statement, 
multi-species habitat conservation plan, and implementing agreement.

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SUMMARY: This notice announces the availability for public review of 
the Final Environmental Impact Statement (FEIS) for Authorization for 
Incidental Take and Implementation of the Stanford University Habitat 
Conservation Plan; the Stanford University Habitat Conservation Plan 
(HCP); and the Implementing Agreement (IA). Pursuant to the National 
Environmental Policy Act (NEPA), this notice advises the public that 
we, the USFWS and NMFS (collectively the Services), have received 
applications for 50-year Incidental Take Permits (ITPs) pursuant to the 
Endangered Species Act of 1973, as amended (ESA) from the Board of 
Trustees of Leland Stanford Junior University (Stanford; Applicant). 
The Applicant seeks the ITPs to authorize incidental take of the 
covered species that could occur as a result of the proposed covered 
activities.

DATES: Written comments on the FEIS, HCP, and IA, must be received by 5 
p.m. Pacific Time on December 24, 2012.

ADDRESSES: Comments concerning the FEIS, HCP, and IA can be sent by 
U.S. Mail, facsimile, or email to (1) Mike Thomas, Division Chief, 
Conservation Planning Division, Fish and Wildlife Service, Sacramento 
Fish and Wildlife Office, 2800 Cottage Way, Room W-2605, Sacramento, CA 
95825, facsimile (916) 414-6713; (2) FW8Stanford_HCP@fws.gov. Include 
the document identifier: Stanford HCP; (3) Gary Stern, San Francisco 
Bay Branch Supervisor, National Marine Fisheries Service, North Central 
California Office, 777 Sonoma Avenue, Room 325, Santa Rosa, CA 95404, 
facsimile (707) 578-3435; or (4) Stanford.HCP@noaa.gov. Include the 
document identifier: Stanford HCP.

FOR FURTHER INFORMATION CONTACT: Gary Stern, San Francisco Bay Branch 
Supervisor, NMFS, telephone (707) 575-6060, Sheila Larsen, Senior Staff 
Biologist, USFWS; telephone (916) 414-6685, or Mike Thomas, Chief, 
Conservation Planning Division, USFWS; telephone (916) 414-6600.

SUPPLEMENTARY INFORMATION: This notice is provided pursuant to the ESA 
and regulations for implementing NEPA, as amended (40 CFR 1506.6), to 
inform the public that the FEIS and HCP, and the Services' responses to 
public comments are available for review, and that the Services have 
filed a FEIS with the U.S. Environmental Protection Agency (EPA) for 
public notice. The decision on whether to issue ITPs to Stanford will 
be made by the Services no sooner than 30 days after the publication of 
the EPA's public notice. Copies of the FEIS, HCP and IA are available 
for public review during regular business hours from 9 a.m. to 5 p.m. 
at the USFWS, Sacramento Fish and Wildlife Office (see ADDRESSES), and 
the NMFS, North Central California Office (see ADDRESSES). 
Additionally, hard bound copies of the FEIS, HCP, and IA are available 
for viewing, or for partial or complete duplication, at the following 
locations:
    1. Social Sciences Resource Center, Green Library, Room 121, 
Stanford, CA 94305.
    2. Palo Alto Main Library, 1213 Newell Road, Palo Alto, CA 94303.
    Individuals wishing to obtain copies of the FEIS, HCP, or IA should 
contact either of the Services by telephone (see FOR FURTHER 
INFORMATION CONTACT) or by letter (see ADDRESSES). These documents are 
also available electronically for review on the NMFS Southwest Region 
Web site at: https://swr.nmfs.noaa.gov or the USFWS, Sacramento Fish and 
Wildlife Office Web site at https://www.fws.gov/sacramento/.

Background

    Section 9 of the Federal Endangered Species Act (ESA) of 1973, as 
amended, and Federal regulations prohibit the take of fish and wildlife 
species listed as endangered or threatened (16 U.S.C. 1538). The term 
``take'' means 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(19)). Harm includes significant habitat modification or 
degradation that actually kills or injures listed wildlife by 
significantly impairing essential behavioral patterns, including 
breeding, feeding, and sheltering (50 CFR 17.3(c)). NMFS further 
defines harm as an act which actually kills or injures fish or 
wildlife, and expands the list of essential behavioral patterns that 
can be impaired by habitat modification or degradation to include 
breeding, spawning, rearing, migrating, feeding or sheltering (50 CFR 
222.102). Pursuant to section 10(a)(1)(B) of the ESA, the Services may 
issue ITPs authorizing the take of listed species if, among other 
things, such taking is incidental to, and not the purpose of, otherwise 
lawful activities. Regulations governing ITPs for threatened and 
endangered species are found in 50 CFR 17.22, 17.32, and 222.307.
    Each of the Services has received an application for an ITP for 
implementation of the HCP. The applications were prepared and submitted 
by The Board of Trustees of Leland Stanford Junior University. The 
Applicant has prepared the HCP to satisfy the application requirements 
for a section 10(a)(1)(B) permit under the ESA .
    The Applicant seeks a 50-year incidental take permit for Covered 
Activities within a proposed 8,180-acre permit area located in southern 
San Mateo and northern Santa Clara counties. The permit area includes 
approximately 8,000 acres of Stanford's lands. Located on portions of 
the Santa

[[Page 70148]]

Cruz Mountains and at the base of the San Francisco Peninsula, Stanford 
University is within two main watersheds, Matadero/Deer Creek and San 
Francisquito Creek watersheds. The San Francisquito Creek watershed 
spans San Mateo and Santa Clara counties, and encompasses an area of 
approximately 45 square miles. This watershed includes San 
Francisquito, Los Trancos, Corte Madera, Bear, Dennis Martin, Sausal, 
and Alambique creeks, and portions of San Francisquito, Los Trancos, 
Corte Madera, and Bear creeks flow through Stanford lands. The 
Matadero/Deer Creek watershed is entirely within Santa Clara County, 
and portions of Matadero and Deer creeks flow through Stanford lands. 
In addition to significant riparian areas associated with the creeks, 
the permit area includes foothills, and most of the main campus that is 
located on an alluvial plain located between the foothills and San 
Francisco Bay.
    The Applicant has requested permits that will authorize the take of 
four animal species, which are currently listed as threatened or 
endangered under the ESA, and one animal species that may become listed 
under the ESA. The Applicant has requested coverage from the USFWS for 
the California tiger salamander (Ambystoma californiense), California 
red-legged frog (Rana draytonii), and San Francisco garter snake 
(Thamnophis sirtalis tetrataenia), and from NMFS for the Central 
California Coast steelhead (Oncorhynchus mykiss). The Applicant has 
also requested coverage from the USFWS for the western pond turtle 
(Clemmys marmorata), which is not listed under the ESA at the current 
time. Collectively these species are referred to as ``Covered 
Species.''
    If the proposed HCP is approved and the permits issued, take 
authorization of listed Covered Species would be effective at the time 
of permit issuance. Take of the currently non-listed Covered Species 
would be authorized concurrent with the species' listing under the ESA, 
should it be listed during the duration of the permit.
    The proposed HCP is intended to be a comprehensive document, 
providing for species conservation and habitat planning, while allowing 
the Applicant to better manage ongoing operations and future growth. 
The proposed HCP also is intended to provide a coordinated process for 
permitting and mitigating the take of Covered Species as an alternative 
to a project-by-project approach.
    The proposed HCP addresses a number of required elements, 
including: Species and biological goals and objectives; evaluation of 
the effects of Covered Activities on Covered Species, including 
indirect and cumulative effects; a conservation strategy; a monitoring 
and adaptive management program; descriptions of changed circumstances 
and remedial measures; identification of funding sources; and an 
assessment of alternatives to take of listed species.
    The HCP divides the permit area into four ``zones.'' Zone 1 
supports one or more of the Covered Species or provides critical 
resources for the species. Zone 2 areas are occasionally occupied by a 
Covered Species and provide some of the resources used by the species, 
or buffers between occupied habitat and urbanized areas. Zone 3 
consists of generally undeveloped land that provides only limited and 
indirect benefit to the Covered Species. Zone 4 includes urbanized 
areas that do not support the covered species. The covered activities 
described in the HCP include the ongoing operation and maintenance of 
several existing University facilities, and a limited amount of future 
development. Ongoing operations and maintenance are divided into the 
following categories of activities: Water management; creek 
maintenance; academic activities; utility installation and maintenance; 
general infrastructure; recreation and athletics; grounds and 
vegetation; agricultural and equestrian leaseholds; and commercial and 
institutional leaseholds. Up to 180 acres of development in Zones 1, 2, 
and 3 are also covered by the HCP, but the HCP does not supersede any 
permitting or entitlement required by other regulations. The HCP does 
not cover ongoing operations and maintenance associated with Searsville 
Dam, Searsville Reservoir and other facilities directly related to 
Searsville Reservoir
    Stanford's proposed conservation strategy in the HCP is designed to 
minimize and mitigate the impacts of Covered Activities, improve 
habitat conditions for listed Covered Species, and protect populations 
of the non-listed Covered Species. The HCP includes minimization 
measures that would avoid and minimize the take of Covered Species from 
ongoing operation and maintenance of most University facilities and 
future development. The HCP also includes mitigation for the loss of 
habitat, and proposes to conserve approximately 360 acres of riparian 
habitat with conservation easements within one year of issuance of the 
permits. Additional riparian habitat would be preserved as needed. A 
315-acre ``California Tiger Salamander Reserve'' (Reserve) also would 
be established at the outset of the HCP. No development would be 
permitted within the Reserve for the term of the permits, and a portion 
of habitat within the 315-acre Reserve would be permanently protected 
to offset any loss of California tiger salamander habitat that occurs 
during the permit term. Habitat protected under the HCP would be 
managed and monitored, and annual reports documenting the status of the 
species and compliance with the HCP would be submitted to the Services. 
In addition to the minimization measures and mitigation for the loss of 
habitat, the HCP includes a number of potential habitat enhancements 
that Stanford may perform during the term of the permits. Other 
conservation activities include a California tiger salamander 
management plan that covers 95 acres, including Lagunita Reservoir and 
habitat around Lagunita Reservoir.

National Environmental Policy Act Compliance

    Proposed permit issuance triggers the need for compliance with the 
NEPA. As co-lead agencies, the Services prepared a Draft EIS which 
evaluated the impacts of the proposed issuance of the permit and 
implementation of the HCP, as well as a reasonable range of 
alternatives. The Draft EIS and Draft HCP were circulated for public 
review and comment. The public review period was initiated with the 
publication of a Notice of Availability (NOA) in the Federal Register 
on April 12, 2010 (75 FR 18482). The official comment period began with 
publication of the NOA and initially was scheduled to end on July 12, 
2010. At the request of the public, the Services published a notice in 
the Federal Register on July 15, 2010 (75 FR 41157) extending the 
public comment period an additional 45 days to August 30, 2010.
    During the comment period, 30 comment letters were received from 
Federal and local agencies, environmental organizations, and the 
general public, including over 3000 form email messages. The primary 
issues raised in the comment letters and email messages were related to 
Searsville Dam and Reservoir. Many commenters requested Stanford revise 
the HCP and the Services prepare a supplemental DEIS for public review 
and comment. Comments received on the Draft EIS and Draft HCP and 
responses can be found in Volume II of the FEIS. Following the public 
comment period, in January 2011, Stanford revised the HCP to remove 
Covered Activities related to Searsville Dam, Reservoir, and Diversion. 
Accordingly, minimization measures for Searsville-related activities 
have also been

[[Page 70149]]

removed from the HCP. Volume I of the FEIS incorporates all changes to 
the text, tables, and figures that were completed following the public 
review and comment period.
    The FEIS analyzes three alternatives including the issuance of ITPs 
and the implementation of the proposed HCP described above. The 
issuance of 50-year take permits and Applicant implementation of the 
proposed HCP is considered the Preferred Alternative. Two other 
alternatives being considered by the Services include the following:
    Under the No Action Alternative, the Services would not issue 
incidental take permits for implementation of the HCP. As a result, the 
Applicant would likely seek individual incidental take authorization as 
needed for new projects and ongoing operations that would result in the 
take of federally listed species.
    Under the California Tiger Salamander Only Alternative, Stanford 
would prepare a HCP only for the California tiger salamander, and 
obtain section 10 authorization only for the take of California tiger 
salamander. Future development and ongoing activities that would result 
in the take of other listed species would be permitted individually, as 
needed.

Public Comments

    The Services invite the public to review the final HCP, final IA, 
and FEIS during a 30-day public waiting period [see DATES and 
SUPPLEMENTARY INFORMATION]. All comments and materials received, 
including names and addresses, will become part of the administration 
record and may be released to the public. Our practice is to make 
comments, including names, home addresses, home telephone numbers, and 
email addresses of respondents available for public review. 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 may 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. This notice 
is provided pursuant to section 10(c) of the ESA and regulations for 
implementing NEPA, as amended (40 CFR 1506.6). We provide this notice 
in order to allow the public, agencies, or other organizations to 
review and comment on these documents.

Next Steps

    The Services will evaluate the applications, associated documents, 
and public comments submitted to them to prepare their respective 
Records of Decision (RODs). Any comments received during this 30-day 
period will be considered during the Services' decision-making process. 
A permit decision will be made no sooner than 30 days after the 
publication of EPA's notice of the FEIS and completion of the RODs.

    Dated: November 5, 2012.
Richard Kearney,
Acting Deputy Regional Director, Pacific Southwest Region, Sacramento, 
California, U.S. Fish and Wildlife Service.
    Dated: November 13, 2012.
Angela Somma,
Chief, Endangered Species Division, Office of Protected Resources, 
National Marine Fisheries Service.
[FR Doc. 2012-28488 Filed 11-21-12; 8:45 am]
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