Permit Amendment Request; 12 Rancho San Carlos (Ocho West) Project, Monterey County, California, 61354-61355 [2022-22048]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 87, Number 195 (Tuesday, October 11, 2022)]
[Notices]
[Pages 61354-61355]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22048]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2022-0103; FXES11140800000-223-FF08EVEN00]


Permit Amendment Request; 12 Rancho San Carlos (Ocho West) 
Project, Monterey County, California

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for public comments.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have 
received an application from Andris Upitis (applicant) to amend an 
incidental take permit pursuant to the Endangered Species Act of 1973, 
as amended. The permit would continue to authorize take of the central 
distinct population segment (DPS) of the California tiger salamander 
and the California red-legged frog, incidental to construction of a 
single-family residence at 12 Rancho San Carlos (Ocho West). We invite 
public comment on the amendment request, which includes the applicant's 
original HCP. In accordance with the requirements of the National 
Environmental Policy Act, we have prepared a draft low-effect screening 
form supporting our preliminary determination that the proposed action 
qualifies for a categorical exclusion under NEPA. To make this 
determination, we reassessed our environmental action statement and 
low-effect screening form prepared for the current HCP, and this draft 
NEPA compliance documentation is also available for public review.

DATES: Written comments should be received on or before November 10, 
2022.

ADDRESSES: 
    To obtain documents: You may obtain copies of the documents online 
in Docket No. FWS-R8-ES-2022-0103 at https://www.regulations.gov, or 
you may request copies of the documents by U.S. mail (below) or by 
email (see FOR FURTHER INFORMATION CONTACT).
    To submit comments: If you wish to submit comments on any of the 
documents, you may do so in writing by any of the following methods:
     Online: https://www.regulations.gov. Follow the 
instructions for submitting comments on Docket No. FWS-R8-ES-2022-0103.
     U.S. mail: Public Comments Processing, Attn: Docket No. 
FWS-R8-ES-2022-0103; U.S. Fish and Wildlife Service, MS: PRB/3W, 5275 
Leesburg Pike, Falls Church, VA 22041-3803.

FOR FURTHER INFORMATION CONTACT: Rachel Henry, Fish and Wildlife 
Biologist, at [email protected] (by email), or at the Ventura Fish 
and Wildlife office (by telephone at 805-644-1766, or by mail; see 
ADDRESSES). Individuals in the United States who are deaf, deafblind, 
hard of hearing, or have a speech disability may dial 711 (TTY, TDD, or 
TeleBraille) to access telecommunications relay services. Individuals 
outside the United States should use the relay services offered within 
their country to make international calls to the point-of-contact in 
the United States.

SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service 
(Service), have received an application from

[[Page 61355]]

Andris Upitis (applicant) to amend their incidental take permit 
pursuant to the Endangered Species Act of 1973, as amended (ESA; 16 
U.S.C. 1531 et seq.). The permit amendment would authorize increased 
take of the federally threatened central distinct population segment 
(DPS) of the California tiger salamander (Ambystoma californiense) and 
California red-legged frog (Rana draytonii) incidental to otherwise 
lawful activities associated with the construction of a single-family 
residence at 12 Rancho San Carlos (Ocho West). The applicant requests 
to amend their permit to account for increased take resulting from a 
modification to water pipeline alignment necessary to connect with the 
existing Santa Lucia Preserve Community Services District water system 
at a different location than originally proposed. The project described 
in the original HCP has not changed, except for the modified location 
of the water pipeline connection alignment. The modification will 
result in an increase in temporary impacts of 4.8 to 5.2 acres. The 
applicant's amendment request includes measures to minimize, avoid, and 
mitigate impacts to the central DPS of the California tiger salamander 
and California red-legged frog consistent with those proposed in the 
original HCP. The Service prepared a draft low-effect screening form 
and environmental action statement in accordance with the National 
Environmental Policy Act of 1969 (NEPA; 42 U.S.C. 4321 et seq.) to 
evaluate the potential effects to the natural and human environment 
resulting from issuing an amended ITP to the applicant. We invite 
public comment on these documents.

Background

    The Service listed the central DPS of the California tiger 
salamander as threatened on August 4, 2004 (69 FR 47212). The Service 
listed the California red-legged frog as threatened on May 23, 1996 (61 
FR 25813), and critical habitat was designated on March 10, 2010 (75 FR 
12816). Federal regulation pursuant to section 4(d) of the ESA 
prohibits the ``take'' of certain fish or wildlife species listed as 
threatened, including the central DPS of the California tiger 
salamander and the California red-legged frog, with exceptions for 
certain ranching activities on private and Tribal lands as described in 
50 CFR 17.43(c)(3)(i)-(xi) and 50 CFR 17.43(d)(3)(i)-(xi). ``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, 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 threatened species are at 50 CFR 17.32. Issuance of an 
incidental take permit also must not jeopardize the existence of 
federally listed fish, wildlife, or plant species. The original 
incidental take permit was first issued for the HCP on September 23, 
2021.

Proposed Project Activities

    The applicant's amendment request includes measures to minimize, 
avoid, and mitigate impacts to the Central DPS of the California tiger 
salamander and California red-legged frog consistent with those 
proposed in the original HCP through restoration of habitat.

Public Comments

    If you wish to comment on the amendment request 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 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 P. Henry,
Field Supervisor, Ventura Fish and Wildlife Office, Ventura, 
California.
[FR Doc. 2022-22048 Filed 10-7-22; 8:45 am]
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