Proposed Low-Effect Habitat Conservation Plan for the California Tiger Salamander and California Red-Legged Frog, Sonoma County, California, 34689-34691 [2015-14853]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 80, Number 116 (Wednesday, June 17, 2015)]
[Notices]
[Pages 34689-34691]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-14853]



[[Page 34689]]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2015-N038; FF08ESMF00-FXES11120800000-156]


Proposed Low-Effect Habitat Conservation Plan for the California 
Tiger Salamander and California Red-Legged Frog, Sonoma County, 
California

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; receipt of permit application, proposed 
habitat conservation plan; request for comment.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have 
received an application from Steven Sannella (applicant) for a 5-year 
incidental take permit under the Endangered Species Act of 1973, as 
amended (Act). The application addresses the potential for ``take'' of 
two listed animals, the California tiger salamander and California red-
legged frog. The applicant would implement a conservation program to 
minimize and mitigate the project activities, as described in the 
applicant's low-effect habitat conservation plan (HCP). We request 
comments on the applicant's application and HCP, and our preliminary 
determination that the HCP qualifies as a ``low-effect'' HCP, eligible 
for a categorical exclusion under the National Environmental Policy Act 
of 1969, as amended (NEPA). We discuss our basis for this determination 
in our environmental action statement (EAS), also available for public 
review.

DATES: To ensure consideration, please send your written comments by 
July 17, 2015. We will make the final permit decision no sooner than 
July 17, 2015.

ADDRESSES: Submitting Comments: Please address written comments to 
Vincent Griego, Coast Bay Division, U.S. Fish and Wildlife Service, 
Sacramento Fish and Wildlife Office, 2800 Cottage Way, W-2605, 
Sacramento, CA 95825. Alternatively, you may send comments by facsimile 
to (916) 414-6713.
    Reviewing Documents: You may obtain copies of the HCP and EAS from 
the individuals in FOR FURTHER INFORMATION CONTACT, or from the 
Sacramento Fish and Wildlife Office Web site at https://www.fws.gov/sacramento. Copies of these documents are also available for public 
inspection, by appointment, during regular business hours, at the 
Sacramento Fish and Wildlife Office.

FOR FURTHER INFORMATION CONTACT: Vincent Griego, Coast Bay Division; 
Mike Thomas, Chief, Conservation Planning Division; or Eric Tattersall, 
Deputy Assistant Field Supervisor, at the address shown above or at 
(916) 414-6600 (telephone). If you use a telecommunications device for 
the deaf, please call the Federal Information Relay Service at (800) 
877-8339.

SUPPLEMENTARY INFORMATION:

Introduction

    We have received an application from Steven Sannella (applicant) 
for a 5-year incidental take permit under the Endangered Species Act of 
1973, as amended (16 U.S.C. 1531 et seq.; Act). The application 
addresses the potential for ``take'' of two listed animals, the 
California tiger salamander and California red-legged frog. Below, we 
refer to both species, collectively the Covered Species. The applicant 
would implement a conservation program to minimize and mitigate the 
project activities, as described in the applicant's low-effect HCP. We 
request comments on the applicant's application and HCP, and our 
preliminary determination that the HCP qualifies as a ``low-effect'' 
habitat conservation plan, eligible for a categorical exclusion under 
the National Environmental Policy Act of 1969, as amended (43 U.S.C. 
4321 et seq.; NEPA). We discuss our basis for this determination in our 
environmental action statement (EAS), also available for public review.

Background Information

    Section 9 of the Act (16 U.S.C. 1531-1544 et seq.) and Federal 
regulations (50 CFR 17) prohibit the taking of fish and wildlife 
species listed as endangered or threatened under section 4 of the Act. 
Take of federally listed fish or wildlife is defined under the Act as 
to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or 
collect listed species, or attempt to engage in such conduct. The term 
``harass'' is defined in the regulations as to carry out actions that 
create the likelihood of injury to listed species to such an extent as 
to significantly disrupt normal behavioral patterns, which include, but 
are not limited to, breeding, feeding, or sheltering (50 CFR 17.3). The 
term ``harm'' is defined in the regulations as significant habitat 
modification or degradation that results in death or injury of listed 
species by significantly impairing essential behavioral patterns, 
including breeding, feeding, or sheltering (50 CFR 17.3). However, 
under specified circumstances, the Service may issue permits that allow 
the take of federally listed species, provided that the take that 
occurs is incidental to, but not the purpose of, an otherwise lawful 
activity.
    Regulations governing permits for endangered and threatened species 
are at 50 CFR 17.22 and 17.32, respectively. Section 10(a)(1)(B) of the 
Act contains provisions for issuing such incidental take permits to 
non-Federal entities for the take of endangered and threatened species, 
provided the following criteria are met:
    (1) The taking will be incidental;
    (2) The applicants will, to the maximum extent practicable, 
minimize and mitigate the impact of such taking;
    (3) The applicants will develop a proposed HCP and ensure that 
adequate funding for the HCP will be provided;
    (4) The taking will not appreciably reduce the likelihood of the 
survival and recovery of the species in the wild; and
    (5) The applicants will carry out any other measures that the 
Service may require as being necessary or appropriate for the purposes 
of the HCP.

Proposed Project

    The draft HCP addresses potential effects to the Covered Species 
that may result from the proposed activities. The applicant seeks 
incidental take authorization for covered activities within 13.31 acres 
located at 215 Valley View Drive, City of Petaluma, Sonoma County, 
California. The federally endangered California tiger salamander 
(Sonoma County Distinct Population Segment (Ambystoma californiense)) 
and federally threatened California red-legged frog (Rana draytonii) 
are the Covered Species in the applicant's proposed HCP.
    The applicant would seek incidental take authorization for these 
two Covered Species and would receive assurances under our ``No 
Surprises'' regulations (50 CFR 17.22(b)(5) and 17.32(b)(5)).

Proposed Covered Activities

    The following actions are proposed as the ``Covered Activities'' 
under the HCP: The 13.31-acre property will be subdivided to create 3 
additional lots, comprising the following: Lot 1 will be approximately 
3.25 acres; Lot 2, approximately 3 acres; and Lot 3, approximately 3.23 
acres, with the remainder lot being 3.83 acres. The existing developed 
area, the 3.83-acre lot, will not be further developed or renovated, 
nor will the other three new lots be developed at this time. The 
proposed general rural residential development, driveways, and sewage 
disposal system will comprise 1.54 acres of development/disturbance. 
The proposed building envelopes, which include the building staging 
areas and

[[Page 34690]]

landscape areas, are proposed as follows: Lot 1 would have 5,200 square 
feet; Lot 2 would have 6,773 square feet; and Lot 3 would have 17,186 
square feet. The applicant seeks a 5-year permit to cover the 
activities associated with this proposed development within the 13.31-
acre site (the permit area).

Proposed Mitigation Measures

    The applicant proposes to avoid, minimize, and mitigate the effects 
to the Covered Species associated with the Covered Activities by fully 
implementing the HCP. The following mitigation and minimization 
measures will be implemented:
     Mitigate for the loss of 1.54 acres of upland habitat for 
California tiger salamander by purchasing 1.54 acres of California 
tiger salamander credits from a Service-approved conservation bank. The 
applicant will also mitigate for the loss of 1.54 acres of upland 
habitat for California red-legged frog by purchasing 1.54 acres of 
California red-legged frog credits from a Service-approved conservation 
bank;
     Immediately prior to the start of work, a pre-construction 
survey will be conducted in the construction area for California tiger 
salamander and California red-legged frog by a Service-approved 
biologist. If California tiger salamander or California red-legged frog 
are found, the Service will be notified and the relocation of the 
individual will be completed with approval by the Service;
     A Service-approved biologist will conduct an Employee 
Education Program for all construction personnel. At a minimum, the 
training will include a description of the California tiger salamander 
and California red-legged frog and their habitat, the importance of the 
species and their habitats, and the general measures that are being 
implemented to protect the California tiger salamander and California 
red-legged frog as they relate to the project. Instruction will include 
the appropriate protocol to follow in the event California tiger 
salamander or California red-legged frogs are found on site;
     A Service-approved biological monitor will be on site each 
day during initial site grading of development sites. Thereafter, an 
on-site person will be designated to monitor on-site compliance with 
all minimization measures. The Service-approved biologist will ensure 
that this individual receives training consistent with that outlined in 
the HCP;
     Before the start of work each morning, the biological 
monitor will check for animals under any equipment such as vehicles and 
stored pipes. The biological monitor will check all excavated steep-
walled holes or trenches greater than 1 foot deep for any California 
tiger salamanders or California red-legged frogs. Any listed animals 
found will be removed by the biological monitor and translocated under 
approval by the Service;
     An erosion and sediment control plan will be implemented 
to prevent impacts to the wetlands and construction on habitat outside 
the work areas;
     Best Management Practices, including a Storm Water 
Pollution Prevention Plan, will be implemented during construction to 
prevent any construction debris or sediment from impacting adjacent 
habitat;
     The number of access routes, number and size of staging 
areas, and the total area of activity will be limited to the minimum 
necessary to achieve the project goal. The staging areas will be 
located in hardscaped areas or areas to be developed to prevent 
creating temporary impacts to suitable habitat. Any areas that are 
temporarily disturbed (within one season) will be restored to pre-
disturbance conditions immediately following construction. The Service-
approved biological monitor will identify the boundaries of the work 
and staging areas and ensure that that contractor does not disturb any 
ground outside the designated construction areas. The contractor will 
obtain approval from the monitor to go outside designated areas;
     All foods and food-related trash items will be enclosed in 
sealed trash containers at the end of each day, and removed completely 
from the site once every three days;
     No pets will be allowed anywhere in the project site 
during construction;
     A speed limit of 15 mph on dirt roads will be maintained, 
if applicable;
     All equipment will be maintained such that there will be 
no leaks of automotive fluids such as gasoline, oils, or solvents;
     Hazardous materials such as fuels, oils, solvents, etc., 
will be stored in sealable containers in a designated location that is 
at least 200 feet from aquatic habitats. All fueling and maintenance of 
vehicles and other equipment and staging areas will occur at least 200 
feet from any aquatic habitat;
     Grading and clearing will typically be conducted between 
April 15 and October 15 of any given year, depending on the level of 
rainfall and/or site conditions;
     Project areas temporarily disturbed by construction 
activities will be re-vegetated;
     If California tiger salamander or California red-legged 
frog are found, the proponent will coordinate with the Service to 
prevent take of individuals and mitigate for loss of habitat.

Proposed Action and Alternatives

    Our proposed action (see below) is approving the applicant's HCP 
and issuance of an incidental take permit for take resulting from 
implementation of the Covered Activities. As required by the Act, the 
applicant's HCP considers alternatives to the take under the proposed 
action. The HCP considers the environmental consequences of two 
alternatives to the proposed action: (1) The No-Action Alternative; and 
(2) the Reduced Development Alternative.
No-Action Alternative
    Under the No-Action Alternative, we would not issue an incidental 
take permit; the applicant would not build the proposed project; the 
project site would remain undeveloped, the existing upland habitat 
would not be disturbed, and the applicant would not implement proposed 
mitigation measures. While this No-Action Alternative would avoid take 
of the Covered Species, it is considered infeasible because it would 
result in unnecessary economic burden on the applicant. It also could 
result in sale of the parcel to a party that would develop the property 
without maintaining any habitat on site. For this reason, the No-Action 
Alternative has been rejected.
Reduced Development Alternative
    Under the Reduced Development Alternative, the size of the proposed 
residences would be reduced but not the required access roadway. The 
Service would issue a permit, and the applicant would implement the 
proposed mitigation measures. While this Reduced Development 
Alternative would reduce the loss of California tiger salamander and 
California red-legged frog habitat, it would still potentially result 
in take of these species, and it would not reduce the project footprint 
to a biologically meaningful extent. This alternative would result in 
unnecessary economic burden to the applicant. For these reasons, the 
Reduced Take Alternative was rejected.
Proposed Action
    Under the Proposed Action Alternative, we would issue an incidental 
take permit for the applicant's proposed project, which includes the 
activities described above. The Proposed Action Alternative would 
result in the permanent loss of 1.54 acres of California tiger 
salamander and

[[Page 34691]]

California red-legged frog upland habitat. The habitat would be 
converted to rural residential and associated infrastructure and road 
access. To mitigate for these effects, the applicant proposes to 
purchase (a) 1.54 acres of California tiger salamander credits from a 
Service-approved conservation bank located in Sonoma County, and (b) 
1.54 acres of California red-legged frog credits from a Service-
approved conservation bank located in Alameda County.

National Environmental Policy Act

    As described in our EAS, we have made the preliminary determination 
that approval of the proposed Plan and issuance of the permit would 
qualify as a categorical exclusion under NEPA (42 U.S.C. 4321-4347 et 
seq.), as provided by NEPA implementing regulations in the Code of 
Federal Regulations (40 CFR 1500.5(k), 1507.3(b)(2), 1508.4), by 
Department of the Interior regulations (43 CFR 46.205, 46.210, 46.215), 
and by the Department of the Interior Manual (516 DM 3 and 516 DM 8). 
Our EAS found that the proposed HCP qualifies as a ``low-effect'' HCP, 
as defined by our ``Habitat Conservation Planning and Incidental Take 
Permitting Process Handbook'' (November 1996).
    Determination of whether a habitat conservation plan qualifies as 
low-effect is based on the following three criteria: (1) Implementation 
of the proposed HCP would result in minor or negligible effects on 
federally listed, proposed, and candidate species and their habitats; 
(2) implementation of the proposed plan would result in minor or 
negligible effects on other environmental values or resources; and (3) 
impacts of the HCP, considered together with the impacts of other past, 
present, and reasonably foreseeable projects, would not result, over 
time, in cumulative effects to environmental values or resources that 
would be considered significant. Based upon the preliminary 
determinations in the EAS, we do not intend to prepare further NEPA 
documentation. We will consider public comments when making the final 
determination on whether to prepare an additional NEPA document on the 
proposed action.

Public Comments

    We request data, comments, new information, or suggestions from the 
public, other concerned governmental agencies, the scientific 
community, Tribes, industry, or any other interested party on this 
notice. We particularly seek comments on the following:
    (1) Biological information concerning the species;
    (2) Relevant data concerning the species;
    (3) Additional information concerning the range, distribution, 
population size, and population trends of the species;
    (4) Current or planned activities in the subject area and their 
possible impacts on the species; and
    (5) Identification of any other environmental issues that should be 
considered with regard to the proposed rural residential project and 
permit action.
    You may submit your comments and materials by one of the methods 
listed above in ADDRESSES. Comments and materials we receive, as well 
as supporting documentation we used in preparing the EAS, will be 
available for public inspection by appointment, during normal business 
hours, at our office (see FOR FURTHER INFORMATION CONTACT).

Public Availability of Comments

    Before including your address, phone number, or other personal 
identifying information in your comment, you should be aware that your 
entire comment--including your personal identifying information--might 
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 permit application, including the HCP, and 
comments we receive to determine whether the application meets the 
requirements of section 10(a) of the Act. If the requirements are met, 
we will issue a permit to the applicant for the incidental take of the 
California tiger salamander and California red-legged frog from the 
implementation of the covered activities described in the low-effect 
Habitat Conservation Plan for the California tiger salamander and 
California red-legged frog, City of Petaluma, Sonoma County, 
California. We will make the final permit decision no sooner than 30 
days after publication of this notice in the Federal Register.

Authority

    We publish this notice under the National Environmental Policy Act 
of 1969, as amended (42 U.S.C. 4321 et seq.), and its implementing 
regulations in the Code of Federal Regulations (CFR) at 40 CFR 1500-
1508, as well as in compliance with section 10(c) of the Endangered 
Species Act (16 U.S.C. 1531 et seq.).

    Dated: June 11, 2015.
Jennifer M. Norris,
Field Supervisor, Sacramento Fish and Wildlife Office, Sacramento, 
California.
[FR Doc. 2015-14853 Filed 6-16-15; 8:45 am]
 BILLING CODE 4310-55-P