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]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[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]]

=======================================================================
-----------------------------------------------------------------------

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 https://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