Fish and Wildlife Service March 27, 2008 – Federal Register Recent Federal Regulation Documents

We, the Fish and Wildlife Service (Service), announce the availability of five Incidental Take Permit (ITP) Applications and Habitat Conservation Plans (HCPs) from the following five applicants: Hochler Construction, Scotts Valley LLC, James and Melinda Carter, Ronald Sunde, and College Heights Development Corp. Hochler Construction, Scotts Valley LLC, and James and Melinda Carter each request an ITP for a duration of 5 years; Ronald Sunde requests an ITP for a duration of 3 years; and College Heights Development Corp. requests an ITP for a duration of 6 years under section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The applicants collectively anticipate removing a total of approximately 7.23 acres of Mount Hermon June beetle (Polyphylla barbata) occupied habitat incidental to constructing 24 single-family homes and an addition to an existing single-family home in Santa Cruz County, California (Projects). The applicants' HCPs describe the mitigation and minimization measures the applicants propose to address the effects of the Projects on the Mount Hermon June beetle. In addition, the College Heights Development Corp. HCP includes the federally endangered Ben Lomond wallflower (Erysimum teretifolium) and Ben Lomond spineflower (Chorizanthe pungens var. hartwegiana) as covered species, and their HCP describes mitigation and minimization measures for those species as well. We are requesting comments on the permit application and on our preliminary determination that the proposed Habitat Conservation Plan (HCP) qualifies as a ``low effect'' HCP, eligible for a categorical exclusion under the National Environmental Policy Act (NEPA) of 1969, as amended. We explain the basis for this possible determination in draft Environmental Action Statements (EAS) and associated Low Effect Screening Forms. The Applicants' Low Effect HCPs describe the mitigation and minimization measures they would implement, as required in Section 10(a)(2)(B) of the Act, to address the effects of the project on the Mount Hermon June beetle. These measures are outlined in the SUPPLEMENTARY INFORMATION section below. The draft HCPs and EASs are available for public review.