Habitat Conservation Plan for the Smith's Blue Butterfly, Monterey Spineflower, and Monterey Gilia; Categorical Exclusion for the South of Tioga Project; Monterey County, California, 61068-61069 [2019-24536]

Download as PDF 61068 Federal Register / Vol. 84, No. 218 / Tuesday, November 12, 2019 / Notices DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS–R8–ES–2019–N087; FXES11140800000–XXX–FF08EVEN00] Habitat Conservation Plan for the Smith’s Blue Butterfly, Monterey Spineflower, and Monterey Gilia; Categorical Exclusion for the South of Tioga Project; Monterey County, California Fish and Wildlife Service, Interior. ACTION: Notice of availability; request for comments. AGENCY: We, the U.S. Fish and Wildlife Service (Service), have received an application for an incidental take permit for the federally endangered Smith’s blue butterfly under the Endangered Species Act. DBO Development #30, LLC, submitted an application for a permit, which, if issued, would authorize take incidental to otherwise lawful activities associated with the South of Tioga Project draft habitat conservation plan. We invite public comments. DATES: Written comments should be received on or before December 12, 2019. SUMMARY: ADDRESSES: To obtain documents: You may download a copy of the draft habitat conservation plan and categorical exclusion screening form which includes the environmental action statement at http://www.fws.gov/ ventura/, or you may request copies of the documents by U.S. mail (below) or by phone (see FOR FURTHER INFORMATION CONTACT). To submit written comments: Please send us your written comments using one of the following methods: • U.S. mail: Send your 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. • Facsimile: Fax your comments to 805–644–3958. • Electronic mail: Send your comments to karen_sinclair@fws.gov. FOR FURTHER INFORMATION CONTACT: Karen Sinclair, Fish and Wildlife Biologist, 805–677–3315 (by phone), or at the Ventura Fish and Wildlife office (by mail; see ADDRESSES). SUPPLEMENTARY INFORMATION: We have received an application for an incidental take permit under the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.). The applicant has developed a draft habitat VerDate Sep<11>2014 17:47 Nov 08, 2019 Jkt 250001 conservation plan (HCP) for the project, which includes measures to mitigate and avoid/minimize impacts to the federally threatened Monterey spineflower (Chorizanthe pungens var. pungens) and federally endangered Smith’s blue butterfly (Euphilotes enoptes smithi) and Monterey gilia (Gilia tenuiflora ssp. arenaria). The permit would authorize take of the listed wildlife species incidental to otherwise lawful activities associated with the draft South of Tioga HCP. In addition, the HCP anticipates impacts to the federally threatened Monterey spineflower (Chorizanthe pungens var. pungens) and the federally endangered Monterey gilia (Gilia tenuiflora ssp. arenaria) and proposes avoidance and minimization measures for all three covered species and mitigation for unavoidable loss of suitable upland habitat. We invite public comment on the draft HCP and categorical exclusion screening form which includes the environmental action statement. Background The Service listed the Monterey spineflower as threatened on February 4, 1994 (59 FR 5499), Smith’s blue butterfly as endangered on June 1, 1976 (41 FR 22041), and Monterey gilia as endangered on June 22, 1992 (57 FR 27848). Section 9 of the ESA (16 U.S.C. 1538) and its implementing regulations prohibit the ‘‘take’’ of fish or wildlife species listed as endangered or threatened. ‘‘Take’’ is defined under the ESA 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 ESA (16 U.S.C. 1539(a)(1)(B)), we may issue permits to authorize incidental take of listed species. Incidental take is take that is incidental to, and not the purpose of, carrying out of an otherwise lawful activity. Regulations governing incidental take permits for endangered wildlife are in the Code of Federal Regulations (CFR) at 50 CFR 17.22. Issuance of an incidental take permit also must not jeopardize the existence of federally listed fish, wildlife, or plant species. The permittees would receive assurances under our ‘‘No Surprises’’ regulations (50 CFR 17.22(b)(5)) regarding conservation activities for the Monterey spineflower, Smith’s blue butterfly, and Monterey gilia. Proposed Project Activities DBO Development #30, LLC, has applied for a permit for incidental take of the Smith’s blue butterfly. The take would occur in association with the PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 following activities: The removal of existing structures, utilities, and streets; the construction of 356 multi-family units, 216 hotel rooms, and a restaurant; and the restoration and preservation of 0.9 acre (ac) of occupied habitat. Within this 10.63-ac project site, the total area proposed for redevelopment measures 9.7 ac, and approximately 73 percent (7.8 ac) of the area proposed for redevelopment is located within existing developed or disturbed areas. Monterey gilia, Monterey spineflower, and Smith’s blue butterfly host plants are located within 1.2 ac of the project site. The project proposes to permanently remove 0.4 ac of occupied habitat. There is no designated critical habitat within the project site. The HCP includes avoidance and minimization measures for the covered species and mitigation for unavoidable loss of suitable upland habitat through establishment of a conservation easement. Mitigation for unavoidable take of Smith’s blue butterfly and its habitat consists of the permanent protection of approximately 0.9 ac of occupied habitat (including the restoration of 0.1 ac of disturbed habitat). Preliminary Determinations The Service has made a preliminary determination that issuance of an incidental take 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; 42 U.S.C. 4321 et seq.), nor will it individually or cumulatively have more than a negligible effect on the Smith’s blue butterfly in the HCP. The Service considers the impacts of the South of Tioga Project on the Monterey spineflower, Smith’s blue butterfly, and Monterey gilia to be minor, as the affected area is small (approximately 0.4 ac) and the project includes the permanent protection of 0.9 ac of suitable habitat that is located adjacent to the project. Therefore, based on this preliminary determination, the permit qualifies for a categorical exclusion under NEPA. Public Comments If you wish to comment on the draft HCP and categorical exclusion screening form, you may submit comments by one of the methods in ADDRESSES. 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 E:\FR\FM\12NON1.SGM 12NON1 Federal Register / Vol. 84, No. 218 / Tuesday, November 12, 2019 / Notices 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 ESA (16 U.S.C. 1531 et seq.) and NEPA regulations (40 CFR 1506.6). Stephen Henry, Field Supervisor, Ventura Fish and Wildlife Office, Ventura, California. [FR Doc. 2019–24536 Filed 11–8–19; 8:45 am] Tuscaloosa County Stillman College, 3601 Stillman Blvd., Tuscaloosa, SG100004680 National Park Service [NPS–WASO–NRNHL–DTS#–29183; PPWOCRADI0, PCU00RP14.R50000] National Register of Historic Places; Notification of Pending Nominations and Related Actions National Park Service, Interior. ACTION: Notice. AGENCY: The National Park Service is soliciting comments on the significance of properties nominated before October 19, 2019, for listing or related actions in the National Register of Historic Places. DATES: Comments should be submitted by November 27, 2019. ADDRESSES: Comments may be sent via U.S. Postal Service and all other carriers to the National Register of Historic Places, National Park Service, 1849 C St. NW, MS 7228, Washington, DC 20240. SUPPLEMENTARY INFORMATION: The properties listed in this notice are being considered for listing or related actions in the National Register of Historic Places. Nominations for their consideration were received by the National Park Service before October 19, 2019. Pursuant to Section 60.13 of 36 CFR part 60, written comments are being accepted concerning the significance of the nominated properties under the National Register criteria for evaluation. 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 review, we cannot guarantee that we will be able to do so. SUMMARY: Jkt 250001 Huntingdon St., Philadelphia, MP100004701 Wharton Street Memorial Methodist Episcopal Church and Sunday School, 5337 Catharine St., Philadelphia, SG100004703 TENNESSEE IDAHO Bradley County Elmore County Hardwick Farms, 4710 N Lee Hwy., Cleveland, SG100004696 Featherville School, 4348 N PineFeatherville Rd., Featherville, SG100004709 MASSACHUSETTS Olney Cook Artisan Shop, 54 Hartford Ave. E, Mendon, SG100004699 Dale and Ethan Allen Streets Historic District, 18, 31–33, 21–23 & 11–15 Dale St., 1 Allendale St., 22, 26, 25– 27, 15 & 17 Ethan Allen St., Worcester, SG100004700 Dudley Hill Historic District, Center, Dudley Oxford, Dudley Southbridge, Ramshorn & Tanyard Rds., Dudley, SG100004707 DEPARTMENT OF THE INTERIOR 17:47 Nov 08, 2019 ALABAMA Worcester County BILLING CODE 4333–15–P VerDate Sep<11>2014 Nominations submitted by State Historic Preservation Officers: 61069 MONTANA Beaverhead County Andrus Hotel, 45 E Glendale St., Dillon, SG100004711 Dillon City Hall Historic District, 125 N Idaho St., Dillon, SG100004712 Ravalli County McCrossin, James, Cabin, 1237 MT 93 S, Hamilton vicinity, SG100004710 Stillwater County Dean School, 1367 Nye Rd., Dean, SG100004713 Erie County Castalia Trout Club, 604 Washington St., Castalia, SG100004704 Hancock County Findlay Country Club Golf Course, 1500 Country Club Dr., Findlay, SG100004705 Summit County University Club, 105 Fir Hill, Akron, SG100004706 PENNSYLVANIA Delaware County Third Presbyterian Church, 420 E 9th St., Chester, SG100004702 Philadelphia County Sykes Brothers Yarn Mill, (Textile Industry in the Kensington Neighborhood of Philadelphia, Pennsylvania MPS), 178–180 W Frm 00065 Cayce, James A., Administration Service Building, (Public Housing in Nashville, 1938–1965 MPS), 701 S 6th St., Nashville, MP100004689 Hamilton County McCoy Farm, 1715 Anderson Pike, Signal Mountain, SG100004697 Knox County Lawhon, Charles L., Cottage, 1910 Prospect Place, Knoxville, SG100004685 Lauderdale County Ripley Fire Lookout Tower, (Tennessee Division of Forestry Fire Lookout Towers MPS), Joe Crihfield Rd., Ripley, MP100004684 Lawrence County Bank of Loretto, 200 Broad St., Loretto, SG100004682 Marion County Ebenezer Cumberland Presbyterian Church, 3040 Griffith Hwy., Jasper, SG100004698 Marshall County Presbyterian Church, U.S.A., 300 Water St., Lewisburg, SG100004693 OHIO PO 00000 Davidson County Fmt 4703 Sfmt 4703 Robertson County Frierson Chapel, (Historic Rural African-American Churches in Tennessee MPS), Approx. 0.20 mi. off Old Coopertown Rd., Coopertown, MP100004694 Shelby County Wooten Fallout Shelter, Lions Gate Dr., Memphis, SG100004683 Barksdale Mounted Police Station, 189 S Barksdale St., Memphis, SG100004695 Washington County Jonesborough Historic District Boundary Increase, Roughly along E Main St. from Franklin Ave. & 624 E Main St.; Roughly along, S Cherokee St. from Depot St. to 504 S Cherokee St.; also Locust St., Jonesborough, BC100004686 E:\FR\FM\12NON1.SGM 12NON1

Agencies

[Federal Register Volume 84, Number 218 (Tuesday, November 12, 2019)]
[Notices]
[Pages 61068-61069]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24536]



[[Page 61068]]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2019-N087; FXES11140800000-XXX-FF08EVEN00]


Habitat Conservation Plan for the Smith's Blue Butterfly, 
Monterey Spineflower, and Monterey Gilia; Categorical Exclusion for the 
South of Tioga Project; Monterey County, California

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comments.

-----------------------------------------------------------------------

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have 
received an application for an incidental take permit for the federally 
endangered Smith's blue butterfly under the Endangered Species Act. DBO 
Development #30, LLC, submitted an application for a permit, which, if 
issued, would authorize take incidental to otherwise lawful activities 
associated with the South of Tioga Project draft habitat conservation 
plan. We invite public comments.

DATES: Written comments should be received on or before December 12, 
2019.

ADDRESSES: 
    To obtain documents: You may download a copy of the draft habitat 
conservation plan and categorical exclusion screening form which 
includes the environmental action statement at http://www.fws.gov/ventura/, or you may request copies of the documents by U.S. mail 
(below) or by phone (see FOR FURTHER INFORMATION CONTACT).
    To submit written comments: Please send us your written comments 
using one of the following methods:
     U.S. mail: Send your 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.
     Facsimile: Fax your comments to 805-644-3958.
     Electronic mail: Send your comments to 
[email protected].

FOR FURTHER INFORMATION CONTACT: Karen Sinclair, Fish and Wildlife 
Biologist, 805-677-3315 (by phone), or at the Ventura Fish and Wildlife 
office (by mail; see ADDRESSES).

SUPPLEMENTARY INFORMATION: We have received an application for an 
incidental take permit under the Endangered Species Act of 1973, as 
amended (ESA; 16 U.S.C. 1531 et seq.). The applicant has developed a 
draft habitat conservation plan (HCP) for the project, which includes 
measures to mitigate and avoid/minimize impacts to the federally 
threatened Monterey spineflower (Chorizanthe pungens var. pungens) and 
federally endangered Smith's blue butterfly (Euphilotes enoptes smithi) 
and Monterey gilia (Gilia tenuiflora ssp. arenaria). The permit would 
authorize take of the listed wildlife species incidental to otherwise 
lawful activities associated with the draft South of Tioga HCP. In 
addition, the HCP anticipates impacts to the federally threatened 
Monterey spineflower (Chorizanthe pungens var. pungens) and the 
federally endangered Monterey gilia (Gilia tenuiflora ssp. arenaria) 
and proposes avoidance and minimization measures for all three covered 
species and mitigation for unavoidable loss of suitable upland habitat. 
We invite public comment on the draft HCP and categorical exclusion 
screening form which includes the environmental action statement.

Background

    The Service listed the Monterey spineflower as threatened on 
February 4, 1994 (59 FR 5499), Smith's blue butterfly as endangered on 
June 1, 1976 (41 FR 22041), and Monterey gilia as endangered on June 
22, 1992 (57 FR 27848). Section 9 of the ESA (16 U.S.C. 1538) and its 
implementing regulations prohibit the ``take'' of fish or wildlife 
species listed as endangered or threatened. ``Take'' is defined under 
the ESA 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 ESA (16 U.S.C. 1539(a)(1)(B)), we may 
issue permits to authorize incidental take of listed species. 
Incidental take is take that is incidental to, and not the purpose of, 
carrying out of an otherwise lawful activity. Regulations governing 
incidental take permits for endangered wildlife are in the Code of 
Federal Regulations (CFR) at 50 CFR 17.22. Issuance of an incidental 
take permit also must not jeopardize the existence of federally listed 
fish, wildlife, or plant species. The permittees would receive 
assurances under our ``No Surprises'' regulations (50 CFR 17.22(b)(5)) 
regarding conservation activities for the Monterey spineflower, Smith's 
blue butterfly, and Monterey gilia.

Proposed Project Activities

    DBO Development #30, LLC, has applied for a permit for incidental 
take of the Smith's blue butterfly. The take would occur in association 
with the following activities: The removal of existing structures, 
utilities, and streets; the construction of 356 multi-family units, 216 
hotel rooms, and a restaurant; and the restoration and preservation of 
0.9 acre (ac) of occupied habitat. Within this 10.63-ac project site, 
the total area proposed for redevelopment measures 9.7 ac, and 
approximately 73 percent (7.8 ac) of the area proposed for 
redevelopment is located within existing developed or disturbed areas.
    Monterey gilia, Monterey spineflower, and Smith's blue butterfly 
host plants are located within 1.2 ac of the project site. The project 
proposes to permanently remove 0.4 ac of occupied habitat. There is no 
designated critical habitat within the project site. The HCP includes 
avoidance and minimization measures for the covered species and 
mitigation for unavoidable loss of suitable upland habitat through 
establishment of a conservation easement.
    Mitigation for unavoidable take of Smith's blue butterfly and its 
habitat consists of the permanent protection of approximately 0.9 ac of 
occupied habitat (including the restoration of 0.1 ac of disturbed 
habitat).

Preliminary Determinations

    The Service has made a preliminary determination that issuance of 
an incidental take 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; 42 U.S.C. 4321 et seq.), nor will it individually or 
cumulatively have more than a negligible effect on the Smith's blue 
butterfly in the HCP. The Service considers the impacts of the South of 
Tioga Project on the Monterey spineflower, Smith's blue butterfly, and 
Monterey gilia to be minor, as the affected area is small 
(approximately 0.4 ac) and the project includes the permanent 
protection of 0.9 ac of suitable habitat that is located adjacent to 
the project. Therefore, based on this preliminary determination, the 
permit qualifies for a categorical exclusion under NEPA.

Public Comments

    If you wish to comment on the draft HCP and categorical exclusion 
screening form, you may submit comments by one of the methods in 
ADDRESSES.
    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

[[Page 61069]]

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 ESA (16 U.S.C. 1531 
et seq.) and NEPA regulations (40 CFR 1506.6).

Stephen Henry,
Field Supervisor, Ventura Fish and Wildlife Office, Ventura, 
California.
[FR Doc. 2019-24536 Filed 11-8-19; 8:45 am]
BILLING CODE 4333-15-P