Receipt of Application for Renewal of Incidental Take Permit for Ohlone Tiger Beetle; Low-Effect Habitat Conservation Plan for the Santa Cruz Gardens Unit 12 Project Site; Soquel, Santa Cruz County, California, 5130-5131 [2016-01744]
[Federal Register Volume 81, Number 20 (Monday, February 1, 2016)]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-01744]
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Receipt of Application for Renewal of Incidental Take Permit for
Ohlone Tiger Beetle; Low-Effect Habitat Conservation Plan for the Santa
Cruz Gardens Unit 12 Project Site; Soquel, Santa Cruz County,
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of receipt of permit renewal application; request for
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have
received an application from HPH Properties, L.P. (applicant), for a
renewal of incidental take permit TE189382-1 under the Endangered
Species Act of 1973, as amended (Act). The applicant has requested a
renewal that will extend permit expiration by 6 years from the date the
permit is reissued. The applicant has agreed to follow all of the
existing low-effect habitat conservation plan (HCP) conditions. If
renewed, no additional take will be authorized. The permit would
authorize take of the federally endangered Ohlone tiger beetle
(Cicindela ohlone), incidental to otherwise lawful activities
associated with the Santa Cruz Gardens Unit 12 residential development.
DATES: Written comments should be received on or before March 2, 2016.
ADDRESSES: Obtaining Documents: You may obtain a copy of the permit
renewal application and the HCP by writing to the Ventura Fish and
Wildlife Ecological Services Office, Attn: Permit number TE189382-1,
U.S. Fish and Wildlife Service, 2493 Portola Road, Suite B, Ventura, CA
93003. In addition, we will make the permit renewal application and HCP
available for public inspection by appointment during normal business
hours at the above address.
Submitting Comments: Please address written comments to Steve
Henry, Field Supervisor, Ventura Fish and Wildlife Office, U.S. Fish
and Wildlife Service, 2493 Portola Road, Suite B, Ventura, CA 93003.
Comments may also be sent by facsimile to (805) 644-3958.
FOR FURTHER INFORMATION CONTACT: Lena Chang, Fish and Wildlife
Biologist, Ventura Fish and Wildlife Office, at the above address or by
calling (805) 644-1766.
SUPPLEMENTARY INFORMATION: We have received an application from HPH
Properties, L.P., for a renewal of incidental take permit TE189382-1
for the endangered Ohlone tiger beetle under the Act. The applicant has
requested a renewal that will extend the permit expiration by 6 years.
The applicant has agreed to follow all of the existing HCP conditions.
If the permit is renewed, no additional take will be authorized. The
permit would authorize take of the federally endangered Ohlone tiger
beetle, incidental to otherwise lawful activities associated with the
Santa Cruz Gardens Unit 12 residential development. In addition to the
Ohlone tiger beetle, the HCP includes two plants: The federally
threatened Santa Cruz tarplant (Holocarpha macradenia) and Gairdner's
yampah (Perideridia gairdneri ssp. gairdneri), classified as a Rank 4
rare plant by the California Native Plant Society.
The Ohlone tiger beetle was listed by the U.S. Fish and Wildlife
Service as endangered on October 3, 2001. Section 9 of the Act (16
U.S.C. 1531 et seq.) and its implementing regulations prohibit the
``take'' of fish or wildlife species listed as endangered or
threatened. ``Take'' is defined under the Act to include the following
activities: ``[T]o harass, harm, pursue, hunt, shoot, wound, kill,
trap, capture, or collect, or to attempt to engage in any such
conduct'' (16 U.S.C. 1532); however, under section 10(a)(1)(B) of the
Act, we may issue permits to authorize incidental take of listed
species. ``Incidental Take'' is defined by the Act as take that is
incidental to, and not the purpose of, carrying out of an otherwise
lawful activity. Regulations governing incidental take permits for
threatened and endangered species are, respectively, in the Code of
Federal Regulations at 50 CFR 17.32 and 17.22. Issuance of an
incidental take permit also must not jeopardize the existence of
federally listed fish, wildlife, or plant species. All species included
in the incidental take permit would receive assurances under our ``No
Surprises'' regulations (50 CFR 17.22(b)(5) and 17.32(b)(5)).
On July 21, 2014, incidental take permit TE189382-0 was transferred
from the original permittee, Porter-Livingston Development, Inc. and
O'Hara-Balfour LP, to a new permittee, HPH Properties, L.P.
Subsequently, a new permit number, TE189382-1, was issued. HPH
Properties, L.P. has applied for renewal of a permit for the incidental
take of the endangered Ohlone tiger beetle. The potential taking would
occur incidental to development of nine new single-family residences at
an undeveloped 58.6-acre project site
(APNs 025-391-01, 025-401-01, 025-401-02, and 025-491-01) near Soquel,
Santa Cruz County, California. This parcel is located approximately
0.33 mile north of Soquel Avenue and west of Rodeo Gulch Road. The
property is roughly bounded by the terminus of Benson Avenue, Tiffany
Court, and residential areas to the south; Thurber Lane to the west;
Winkle Avenue and undeveloped lands to the north; and Rodeo Gulch Road
to the east. An incidental take permit was first issued for the project
on August 6, 2009. No project activities occurred during the first 6-
year term of the incidental take permit, and conditions at the site
remain unchanged from the time of original permit issuance.
Our Preliminary Determination
The Service has made a preliminary determination that renewal of
the permit is neither a major Federal action that will significantly
affect the quality of the human environment within the meaning of
section 102(2)(C) of the National Environmental Policy Act (NEPA), nor
will it individually or cumulatively have more than a negligible effect
on the species covered in the HCP. Therefore, the permit renewal
qualifies for a categorical exclusion under NEPA as provided by the
Department of the Interior Manual (516 DM 2, Appendix 1 and 516 DM
If you wish to comment on the permit applications, plans, and
associated documents, you may submit comments by any one of the methods
Public Availability of Comments
Before including your address, phone number, email address, or
other personal identifying information in your comment, you should be
aware that your entire comment, including your personal identifying
information, may be made publicly available at any time. While you can
ask us in your comment to withhold your personal identifying
information from public view, we cannot guarantee that we will be able
to do so.
We provide this notice under section 10 of the Act (16 U.S.C. 1531
et seq.) and NEPA regulations (40 CFR 1506.6).
Dated: January 20, 2016.
Stephen P. Henry,
Field Supervisor, Ventura Fish and Wildlife Office, Ventura,
[FR Doc. 2016-01744 Filed 1-29-16; 8:45 am]
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