Low-Effect Habitat Conservation Plan for The Terrace of Scotts Valley in the City of Scotts Valley, Santa Cruz County, California, 19616-19618 [2016-07795]
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Federal Register / Vol. 81, No. 65 / Tuesday, April 5, 2016 / Notices
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[FR Doc. 2016–07791 Filed 4–4–16; 8:45 am]
BILLING CODE 9110–12–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R8–ES–2016–N066;
FXES11120800000–156–FF08EVEN00]
Low-Effect Habitat Conservation Plan
for The Terrace of Scotts Valley in the
City of Scotts Valley, Santa Cruz
County, California
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability; request
for comment.
AGENCY:
We, the U.S. Fish and
Wildlife Service, have received an
application from Mr. Chris Perri of
Apple Homes Development 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 the
federally endangered Mount Hermon
June beetle likely to occur incidental to
the construction of 20 new townhomes,
garages, and associated landscaping and
infrastructure at two existing legal
parcels in Scotts Valley, Santa Cruz
County, California. We invite comments
from the public on the application
asabaliauskas on DSK3SPTVN1PROD with NOTICES
SUMMARY:
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17:18 Apr 04, 2016
Jkt 238001
package, which includes the Low-Effect
Habitat Conservation Plan for The
Terrace of Scotts Valley.
DATES: To ensure consideration, please
send your written comments by May 5,
2016.
ADDRESSES: You may download a copy
of the Habitat Conservation Plan, draft
Environmental Action Statement and
Low-Effect Screening Form, and related
documents on the Internet at https://
www.fws.gov/ventura/, or you may
request copies of the documents by U.S.
mail to our Ventura office or by phone
(see FOR FURTHER INFORMATION CONTACT).
Please address written comments to
Stephen P. Henry, 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:
Chad Mitcham, Fish and Wildlife
Biologist, by U.S. mail to the Ventura
office, or by telephone at (831) 768–
7794.
SUPPLEMENTARY INFORMATION: We have
received an application from Mr. Chris
Perri for a 5-year incidental take permit
under the Endangered Species Act of
1973, as amended. The application
addresses the potential for ‘‘take’’ of the
federally endangered Mount Hermon
June beetle (Polyphylla barbata) likely
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Community
No.
to occur incidental to the construction
of 20 new townhomes, garages, and
associated landscaping and
infrastructure at two existing legal
parcels in Scotts Valley, Santa Cruz
County, California. The applicant would
implement a conservation program to
minimize and mitigate project activities
that are likely to result in take of the
Mount Hermon June beetle as described
in the plan. We invite comments from
the public on the application package,
which includes the Low-Effect Habitat
Conservation Plan for The Terrace of
Scotts Valley. This proposed action has
been determined to be eligible for a
Categorical Exclusion under the
National Environmental Policy Act of
1969, as amended.
Background
The U.S. Fish and Wildlife Service
(Service) listed the Mount Hermon June
beetle as endangered on January 24,
1997 (62 FR 3616). 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: ‘‘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 section
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Federal Register / Vol. 81, No. 65 / Tuesday, April 5, 2016 / Notices
asabaliauskas on DSK3SPTVN1PROD with NOTICES
10(a)(1)(B) of the Act, we may issue
permits to authorize incidental take of
listed species. The Act defines
‘‘Incidental Take’’ as take that is not the
purpose of carrying out of an otherwise
lawful activity. Regulations governing
incidental take permits for threatened
and endangered species are provided at
50 CFR 17.32 and 17.22, respectively.
Issuance of an incidental take permit
must not jeopardize the existence of
federally listed fish, wildlife, or plant
species.
Take of listed plants is not prohibited
under the Act unless such take would
violate State law. As such, take of plants
cannot be authorized under an
incidental take permit. Plant species
may be included on a permit in
recognition of the conservation benefits
provided them under a habitat
conservation plan. All species,
including plants, covered by the
incidental take permit receive
assurances under our ‘‘No Surprises’’
regulations (50 CFR 17.22(b)(55) and
17.32(b)(5)). In addition to meeting
other specific criteria, actions
undertaken through implementation of
the Habitat Conservation Plan (HCP)
must not jeopardize the continued
existence of federally listed animal or
plant species.
Applicant’s Proposal
Mr. Chris Perri (hereafter, the
applicant) has submitted a Low-Effect
HCP in support of his application for an
incidental take permit (ITP) to address
take of Mount Hermon June beetle that
is likely to occur as the result of direct
impacts to up to 2.62 acres (ac) (114,214
square feet (sf)) of degraded sandhills
habitat occupied by the species. Take
would be associated with the
construction of the residential
development on two existing parcels
legally described as Assessor Parcel
Number’s 022–162–69 and 022–162–74.
The current site address is 400 Glen
Canyon Road in Scotts Valley, Santa
Cruz County, California. The applicant
is requesting a permit for take of Mount
Hermon June beetle that would result
from ‘‘covered activities’’ that are
related to the construction of 20
townhomes, garages and associated
landscaping/infrastructure.
The applicant proposes to avoid,
minimize, and mitigate take of Mount
Hermon June beetle associated with the
covered activities by fully implementing
the HCP. The following measures will
be implemented: (1) Temporary fencing
and signs will be installed to clearly
delineate the boundaries of the project;
(2) if construction occurs during the
flight season (considered to be between
May and October, annually), exposed
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17:18 Apr 04, 2016
Jkt 238001
soils will be covered with erosion
control fabric or other impervious
materials to prevent any dispersing
Mount Hermon June beetles from
burrowing into exposed soil at the
construction site; (3) employment of a
Service-approved entomologist to
capture and relocate into suitable
habitat and out of harm’s way any
Mount Hermon June beetle larvae
unearthed during construction
activities; (4) all outdoor night lighting
will use light bulbs certified not to
attract nocturnally active insects, in
order to minimize disruption of Mount
Hermon June beetle breeding behavior
during the adult flight season; and (5)
secure off-site mitigation at a ratio of 1:1
to mitigate for permanent habitat
impacts through the acquisition of 2.62
ac (114,214 sf) of conservation credits at
the Zayante Sandhills Conservation
Bank. The applicant will fund up to
$733,284 to ensure implementation of
all minimization measures, monitoring,
and reporting requirements identified in
the HCP.
In the proposed HCP, the applicant
considers two alternatives to the
proposed action: ‘‘No Action’’ and
‘‘Redesigned Project.’’ Under the ‘‘No
Action’’ alternative, an ITP for the
Terrace at Scotts Valley would not be
issued. The Terrace at Scotts Valley
would not be built, and the purchase of
conservation credits would not be
provided to effect recovery actions for
Mount Hermon June beetle.
Additionally, since the property is
privately owned, there are ongoing
economic considerations associated
with continued ownership without use,
which includes payment of associated
taxes. The sale of this property for
purposes other than the identified
activity is not considered economically
feasible. Because of economic
considerations and because the
proposed action results in a net benefit
for the covered species, the No Action
Alternative has been rejected. Under the
‘‘Redesigned Project’’ alternative, the
project would be redesigned to avoid or
further reduce take of Mount Hermon
June beetle.
The proposed project has already
been designed to minimize impacts to
the species as the project area does not
contain Zayante sands, the preferred
habitat of the species. Reduction in the
size of the development would not
result in a significant reduction in take
and is not practical. Additionally, the
proposed project provides greater
habitat conservation as the purchase of
conservation credits at a ratio of 1:1
would result in the protection and
management of preferred habitat for the
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19617
species. As such, the ‘‘Project Redesign’’
alternative has also been rejected.
Our Preliminary Determination
We are requesting comments on our
preliminary determination that the
applicant’s proposal will have a minor
or negligible effect on the Mount
Hermon June beetle and that the plan
qualifies as a low-effect HCP as defined
by our Habitat Conservation Planning
Handbook (November 1996). We base
our determinations on three criteria: (1)
Implementation of the proposed project
as described in the HCP would result in
minor or negligible effects on federally
listed, proposed, and/or candidate
species and their habitats; (2)
implementation of the HCP would result
in minor or negligible effects on other
environmental values or resources; and
(3) HCP impacts, considered together
with those of other past, present, and
reasonably foreseeable future projects,
would not result in cumulatively
significant effects. In our analysis of
these criteria, we have made a
preliminary determination that the
approval of the HCP and issuance of an
ITP qualify for categorical exclusion
under the National Environmental
Policy Act (NEPA) (42 U.S.C. 4321 et
seq.), as provided by the Department of
the Interior implementing regulations in
part 46 of title 43 of the Code of Federal
Regulations (43 CFR 46.205, 46.210, and
46.215).
However, based upon our review of
public comments that we receive in
response to this notice, this preliminary
determination may be revised.
Next Steps
We will evaluate the permit
application, including the plan and
comments we receive, to determine
whether the application meets the
requirements of section 10(a)(1)(B) of
the Act. We will also evaluate whether
issuance of the ITP would comply with
section 7(a)(2) of the Act by conducting
an intra-Service Section 7 consultation.
Public Review
We provide this notice under section
10(c) of the Act and the National
Environmental Policy Act of 1969, as
amended (NEPA), NEPA’s public
involvement regulations (40 CFR
1500.1(b), 1500.2(d), and 1506.6). We
are requesting comments on our
determination that the applicants’
proposal will have a minor or neglible
effect on the Mount Hermon June beetle
and that the plan qualifies as a loweffect HCP as defined by our 1996
Habitat Conservation Planning
Handbook. We will evaluate the permit
application, including the plan and
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19618
Federal Register / Vol. 81, No. 65 / Tuesday, April 5, 2016 / Notices
comments, we receive, to determine
whether the application meets the
requirements of section 10(a)(1)(B) of
the Act. We will use the results of our
internal Service consultation, in
combination with the above findings, in
our final analysis to determine whether
to issue the permits. If the requirements
are met, we will issue an ITP to the
applicant for the incidental take of
Mount Hermon June beetle. We will
make the final permit decision no
sooner than 30 days after the date of this
notice.
Public Comments
If you wish to comment on the permit
applications, plans, and associated
documents, you may submit comments
by any one of the methods in
ADDRESSES.
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.
Authority
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: March 29, 2016.
Stephen P. Henry,
Field Supervisor, Ventura Fish and Wildlife
Office, Ventura, California.
[FR Doc. 2016–07795 Filed 4–4–16; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
asabaliauskas on DSK3SPTVN1PROD with NOTICES
[FWS–R1–ES–2016–N043;
FXES11120100000–167–FF01E00000]
Proposed Amendment to the
Willamette Valley Native Prairie Habitat
Programmatic Safe Harbor Agreement
for the Fender’s Blue Butterfly in
Benton, Lane, Linn, Marion, Polk, and
Yamhill Counties, Oregon
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability; request
for comment.
AGENCY:
The U.S. Fish and Wildlife
Service (Service) proposes to amend an
enhancement of survival (EOS) permit
SUMMARY:
VerDate Sep<11>2014
17:18 Apr 04, 2016
Jkt 238001
issued to itself on May 26, 2009,
pursuant to the Endangered Species Act
of 1973, as amended (ESA). The EOS
permit is associated with a
programmatic Safe Harbor Agreement
(SHA) developed for the conservation of
the federally-listed endangered Fender’s
blue butterfly within the Willamette
Valley in Oregon. The proposed
amendment would extend the term of
the SHA and the permit for an
additional 11 years. The amendment
includes adding Washington County,
Oregon, to the geographical area covered
by the SHA and the permit. The
amended permit would continue to
authorize the Service to extend
incidental take coverage to eligible
landowners who are willing to carry out
habitat management actions that benefit
the Fender’s blue butterfly by enrolling
landowners under the SHA through
Certificates of Inclusion. We request
comments from the public on the
proposed amendment of the EOS permit
and the SHA, and a draft environmental
action statement (EAS) prepared
pursuant to the requirements of the
National Environmental Policy Act
(NEPA).
DATES: Written comments on the permit
amendment, SHA amendment, and the
EAS for the NEPA categorical exclusion
determination must be received from
interested parties no later than May 5,
2016.
ADDRESSES: To request further
information or submit written
comments, please use one of the
following methods, and note that your
information request or comments are in
reference to the Service Agreement
Amendment.
• Internet: Documents may be viewed
on the Internet at https://www.fws.gov/
oregonfwo/articles.cfm?id=149489462.
• Email: WVAmendmentcomments@
fws.gov. Include ‘‘Willamette Valley
SHA Amendment’’ in the subject line of
the message or comments.
• U.S. Mail: State Supervisor, Oregon
Fish and Wildlife Office; U.S. Fish and
Wildlife Service; 2600 SE 98th Avenue,
Suite 100; Portland, OR 97266.
• Fax: 503–231–6195, Attn:
Willamette Valley SHA Amendment.
• In-Person Viewing, Pickup or Dropoff: Comments and materials received
will be available for public inspection,
by appointment, during normal business
hours at the Oregon Fish and Wildlife
Office, U.S. Fish and Wildlife Service,
2600 SE 98th Avenue, Suite 100,
Portland, OR 97266. Written comments
can be dropped off during regular
business hours at the above address on
or before the closing date of the public
comment period (see DATES).
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FOR FURTHER INFORMATION CONTACT:
Kathy Roberts, U.S. Fish and Wildlife
Service (see ADDRESSES), telephone:
503–231–6179, facsimile: 503–231–
6195. If you use a telecommunications
device for the deaf, please call the
Federal Information Relay Service at
800–877–8339.
SUPPLEMENTARY INFORMATION:
Background
On May 26, 2009, the Service issued
an EOS permit to the Service’s Oregon
Fish and Wildlife Office (OFWO)
pursuant to section 10(a)(1)(A) of the
ESA. The EOS permit is associated with
a programmatic SHA developed for the
conservation of the federally-listed
endangered Fender’s blue butterfly
(Icaricia icarioides fenderi) within the
Willamette Valley in Oregon. The SHA
is administered and implemented by the
OFWO and the Service’s Willamette
Valley National Wildlife Refuge
Complex (WV Refuge Complex). The
OFWO serves as the ‘‘permittee.’’ The
WV Refuge Complex is a signatory to
the SHA and works jointly with the
OFWO on all aspects of the SHA. The
OFWO may enroll eligible interested
non-Federal landowners (cooperators)
through Certificates of Inclusion under
the SHA. The WV Refuge Complex can
also develop and administer Certificates
of Inclusion where they are involved in
activities on the cooperator’s enrolled
lands as a project partner.
The geographic area covered by the
current SHA and permit includes the
originally known and potential range of
the Fender’s blue butterfly, which
includes prairie habitat within Benton,
Lane, Linn, Marion, Polk, and Yamhill
counties of Oregon. Properties that are
eligible for enrollment are non-Federal
lands where the Fender’s blue butterfly
occurs or could occur through
colonization, translocation, or
reintroduction. Activities under the
SHA may also benefit the federallylisted threatened Kincaid’s lupine
(Lupinus sulphureus ssp. kincaidii),
which is a larval host plant for Fender’s
blue butterfly. However, Kincaid’s
lupine is not included as a ‘‘covered
species.’’
The current term of the SHA is 15
years and expires on May 25, 2024. The
current term of the permit is 25 years
and expires on May 25, 2034. Since the
permit was issued on May 26, 2009, the
Service has enrolled a number of
eligible landowners under Certificates of
Inclusion for an average period of 10
years each.
Proposed Amendment
In order to continue issuing new 10year Certificates of Inclusion, the
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]]>Agencies
[Federal Register Volume 81, Number 65 (Tuesday, April 5, 2016)]
[Notices]
[Pages 19616-19618]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-07795]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R8-ES-2016-N066; FXES11120800000-156-FF08EVEN00]
Low-Effect Habitat Conservation Plan for The Terrace of Scotts
Valley in the City of Scotts Valley, Santa Cruz County, California
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for comment.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service, have received an
application from Mr. Chris Perri of Apple Homes Development 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 the federally endangered Mount Hermon June beetle likely to occur
incidental to the construction of 20 new townhomes, garages, and
associated landscaping and infrastructure at two existing legal parcels
in Scotts Valley, Santa Cruz County, California. We invite comments
from the public on the application package, which includes the Low-
Effect Habitat Conservation Plan for The Terrace of Scotts Valley.
DATES: To ensure consideration, please send your written comments by
May 5, 2016.
ADDRESSES: You may download a copy of the Habitat Conservation Plan,
draft Environmental Action Statement and Low-Effect Screening Form, and
related documents on the Internet at https://www.fws.gov/ventura/, or
you may request copies of the documents by U.S. mail to our Ventura
office or by phone (see FOR FURTHER INFORMATION CONTACT). Please
address written comments to Stephen P. Henry, 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: Chad Mitcham, Fish and Wildlife
Biologist, by U.S. mail to the Ventura office, or by telephone at (831)
768-7794.
SUPPLEMENTARY INFORMATION: We have received an application from Mr.
Chris Perri for a 5-year incidental take permit under the Endangered
Species Act of 1973, as amended. The application addresses the
potential for ``take'' of the federally endangered Mount Hermon June
beetle (Polyphylla barbata) likely to occur incidental to the
construction of 20 new townhomes, garages, and associated landscaping
and infrastructure at two existing legal parcels in Scotts Valley,
Santa Cruz County, California. The applicant would implement a
conservation program to minimize and mitigate project activities that
are likely to result in take of the Mount Hermon June beetle as
described in the plan. We invite comments from the public on the
application package, which includes the Low-Effect Habitat Conservation
Plan for The Terrace of Scotts Valley. This proposed action has been
determined to be eligible for a Categorical Exclusion under the
National Environmental Policy Act of 1969, as amended.
Background
The U.S. Fish and Wildlife Service (Service) listed the Mount
Hermon June beetle as endangered on January 24, 1997 (62 FR 3616).
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: ``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 section
[[Page 19617]]
10(a)(1)(B) of the Act, we may issue permits to authorize incidental
take of listed species. The Act defines ``Incidental Take'' as take
that is not the purpose of carrying out of an otherwise lawful
activity. Regulations governing incidental take permits for threatened
and endangered species are provided at 50 CFR 17.32 and 17.22,
respectively. Issuance of an incidental take permit must not jeopardize
the existence of federally listed fish, wildlife, or plant species.
Take of listed plants is not prohibited under the Act unless such
take would violate State law. As such, take of plants cannot be
authorized under an incidental take permit. Plant species may be
included on a permit in recognition of the conservation benefits
provided them under a habitat conservation plan. All species, including
plants, covered by the incidental take permit receive assurances under
our ``No Surprises'' regulations (50 CFR 17.22(b)(55) and 17.32(b)(5)).
In addition to meeting other specific criteria, actions undertaken
through implementation of the Habitat Conservation Plan (HCP) must not
jeopardize the continued existence of federally listed animal or plant
species.
Applicant's Proposal
Mr. Chris Perri (hereafter, the applicant) has submitted a Low-
Effect HCP in support of his application for an incidental take permit
(ITP) to address take of Mount Hermon June beetle that is likely to
occur as the result of direct impacts to up to 2.62 acres (ac) (114,214
square feet (sf)) of degraded sandhills habitat occupied by the
species. Take would be associated with the construction of the
residential development on two existing parcels legally described as
Assessor Parcel Number's 022-162-69 and 022-162-74. The current site
address is 400 Glen Canyon Road in Scotts Valley, Santa Cruz County,
California. The applicant is requesting a permit for take of Mount
Hermon June beetle that would result from ``covered activities'' that
are related to the construction of 20 townhomes, garages and associated
landscaping/infrastructure.
The applicant proposes to avoid, minimize, and mitigate take of
Mount Hermon June beetle associated with the covered activities by
fully implementing the HCP. The following measures will be implemented:
(1) Temporary fencing and signs will be installed to clearly delineate
the boundaries of the project; (2) if construction occurs during the
flight season (considered to be between May and October, annually),
exposed soils will be covered with erosion control fabric or other
impervious materials to prevent any dispersing Mount Hermon June
beetles from burrowing into exposed soil at the construction site; (3)
employment of a Service-approved entomologist to capture and relocate
into suitable habitat and out of harm's way any Mount Hermon June
beetle larvae unearthed during construction activities; (4) all outdoor
night lighting will use light bulbs certified not to attract
nocturnally active insects, in order to minimize disruption of Mount
Hermon June beetle breeding behavior during the adult flight season;
and (5) secure off-site mitigation at a ratio of 1:1 to mitigate for
permanent habitat impacts through the acquisition of 2.62 ac (114,214
sf) of conservation credits at the Zayante Sandhills Conservation Bank.
The applicant will fund up to $733,284 to ensure implementation of all
minimization measures, monitoring, and reporting requirements
identified in the HCP.
In the proposed HCP, the applicant considers two alternatives to
the proposed action: ``No Action'' and ``Redesigned Project.'' Under
the ``No Action'' alternative, an ITP for the Terrace at Scotts Valley
would not be issued. The Terrace at Scotts Valley would not be built,
and the purchase of conservation credits would not be provided to
effect recovery actions for Mount Hermon June beetle. Additionally,
since the property is privately owned, there are ongoing economic
considerations associated with continued ownership without use, which
includes payment of associated taxes. The sale of this property for
purposes other than the identified activity is not considered
economically feasible. Because of economic considerations and because
the proposed action results in a net benefit for the covered species,
the No Action Alternative has been rejected. Under the ``Redesigned
Project'' alternative, the project would be redesigned to avoid or
further reduce take of Mount Hermon June beetle.
The proposed project has already been designed to minimize impacts
to the species as the project area does not contain Zayante sands, the
preferred habitat of the species. Reduction in the size of the
development would not result in a significant reduction in take and is
not practical. Additionally, the proposed project provides greater
habitat conservation as the purchase of conservation credits at a ratio
of 1:1 would result in the protection and management of preferred
habitat for the species. As such, the ``Project Redesign'' alternative
has also been rejected.
Our Preliminary Determination
We are requesting comments on our preliminary determination that
the applicant's proposal will have a minor or negligible effect on the
Mount Hermon June beetle and that the plan qualifies as a low-effect
HCP as defined by our Habitat Conservation Planning Handbook (November
1996). We base our determinations on three criteria: (1) Implementation
of the proposed project as described in the HCP would result in minor
or negligible effects on federally listed, proposed, and/or candidate
species and their habitats; (2) implementation of the HCP would result
in minor or negligible effects on other environmental values or
resources; and (3) HCP impacts, considered together with those of other
past, present, and reasonably foreseeable future projects, would not
result in cumulatively significant effects. In our analysis of these
criteria, we have made a preliminary determination that the approval of
the HCP and issuance of an ITP qualify for categorical exclusion under
the National Environmental Policy Act (NEPA) (42 U.S.C. 4321 et seq.),
as provided by the Department of the Interior implementing regulations
in part 46 of title 43 of the Code of Federal Regulations (43 CFR
46.205, 46.210, and 46.215).
However, based upon our review of public comments that we receive
in response to this notice, this preliminary determination may be
revised.
Next Steps
We will evaluate the permit application, including the plan and
comments we receive, to determine whether the application meets the
requirements of section 10(a)(1)(B) of the Act. We will also evaluate
whether issuance of the ITP would comply with section 7(a)(2) of the
Act by conducting an intra-Service Section 7 consultation.
Public Review
We provide this notice under section 10(c) of the Act and the
National Environmental Policy Act of 1969, as amended (NEPA), NEPA's
public involvement regulations (40 CFR 1500.1(b), 1500.2(d), and
1506.6). We are requesting comments on our determination that the
applicants' proposal will have a minor or neglible effect on the Mount
Hermon June beetle and that the plan qualifies as a low-effect HCP as
defined by our 1996 Habitat Conservation Planning Handbook. We will
evaluate the permit application, including the plan and
[[Page 19618]]
comments, we receive, to determine whether the application meets the
requirements of section 10(a)(1)(B) of the Act. We will use the results
of our internal Service consultation, in combination with the above
findings, in our final analysis to determine whether to issue the
permits. If the requirements are met, we will issue an ITP to the
applicant for the incidental take of Mount Hermon June beetle. We will
make the final permit decision no sooner than 30 days after the date of
this notice.
Public Comments
If you wish to comment on the permit applications, plans, and
associated documents, you may submit comments by any one of the methods
in ADDRESSES.
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.
Authority
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: March 29, 2016.
Stephen P. Henry,
Field Supervisor, Ventura Fish and Wildlife Office, Ventura,
California.
[FR Doc. 2016-07795 Filed 4-4-16; 8:45 am]
BILLING CODE 4310-55-P
