[Federal Register Volume 74, Number 190 (Friday, October 2, 2009)]
[Notices]
[Pages 50985-50986]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-23763]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2009-N158; 1112-0000-81420-F2]


Amendment to the Incidental Take Permit for the San Bruno 
Mountain Habitat Conservation Plan in San Mateo County, CA

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of finding of no significant impact (FONSI) and issuance 
of amended incidental take permit.

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SUMMARY: On May 20, 2009, we, the U.S. Fish and Wildlife Service, made 
a FONSI determination for the action described in the final 
Environmental Assessment (EA) for the San Bruno Mountain Habitat 
Conservation Plan (HCP) Amendment. As authorized by the Endangered 
Species Act, as amended (Act), we issued an amended Incidental Take 
Permit to the Cities of Brisbane, South San Francisco, and Daly City, 
and the County of San Mateo, subject to certain conditions set forth in 
the permit.

ADDRESSES: Eric Tattersall, Deputy Assistant Field Supervisor, 
Conservation Planning and Recovery Division, or Mike Thomas, 
Conservation Planning Branch, U.S. Fish and Wildlife Service, 
Sacramento Fish and Wildlife Office, 2800 Cottage Way, W-2605, 
Sacramento, CA 95825.

FOR FURTHER INFORMATION CONTACT: Additional information on this permit 
may be requested by contacting Eric Tattersall, Deputy Assistant Field 
Supervisor, Conservation Planning and Recovery Division, at the address 
shown above or at (916) 414-6600 (telephone). The final EA, Response to 
Comments, and FONSI are on the Service's Web site at http://www.fws.gov/sacramento/es/hcp.htm.

SUPPLEMENTARY INFORMATION: On April 15, 2008, we published a notice in 
the Federal Register (73 FR 20324) announcing the availability of an EA 
and amended HCP, and our receipt of an incidental take permit 
application from the City of Brisbane for an amendment to the San Bruno 
Mountain Habitat Conservation Plan, in San Mateo County, California. 
Pursuant to section 10(a)(1)(A) of the Act, the amended permit 
authorizes the incidental take of the federally endangered callippe 
silverspot butterfly (Speyeria callippe callippe) and federally 
threatened Bay checkerspot butterfly (Euphydryas editha bayensis) 
within the HCP's 228.3-acre Northeast Ridge (Administrative Parcel 1-
07) and protected habitat (Conserved Habitat) area under the terms of 
the amended HCP. Incidental take of the two butterflies would be in 
connection with development activities on the Northeast Ridge and 
management and monitoring of Conserved Habitat currently held or that 
will be held in fee title by San Mateo County or the State of 
California and carried out under the San Bruno Mountain HCP. Incidental 
take of the Bay checkerspot butterfly is not expected to occur since 
the species has not been observed on San Bruno Mountain since the mid 
1980s. However, if the Bay checkerspot butterfly is reintroduced to San 
Bruno Mountain or naturally recolonizes the area, incidental take 
resulting from monitoring and management of Conserved Habitat will be 
covered under the amended incidental take permit.
    The amended HCP reduces the size of the Northeast Ridge development 
area and increases the size of Conserved Habitat. The amended HCP 
increases undisturbed Conserved Habitat by 20.36 acres, and increases 
total Conserved Habitat to 144.7 acres in the Northeast Ridge parcel. 
The reconfigured Conserved Habitat area preserves high quality 
butterfly habitat including hilltops (used as mating sites), 
topographic diversity, and a high density of callippe silverspot 
butterfly larval host plants. The amendment eliminates the Unit II-
Neighborhood I subdivision (UII-NI) and increases the size of the Unit 
II-Neighborhood II subdivision (UII-NII). The reconfigured UII-NII is 
within an area that has generally lower value habitat (i.e., lower 
density of larval host plants, fewer hilltops, and a 7.85-acre grove of

[[Page 50986]]

eucalyptus trees) than would have been disturbed by UII-NI. The 
increased development acreage in UII-NII would occur in the eucalyptus 
grove and areas previously proposed as revegetated areas.
    Notice is hereby given that on May 20, 2009, the Proposed Action 
(Alternative 1) was selected and a FONSI determination was made for the 
action as described in the final EA for the San Bruno Mountain HCP 
Amendment. As authorized by the provisions of the Act (16 U.S.C. 1531 
et seq.), we issued an amended permit (TE-215574-5) to the Cities of 
Brisbane, South San Francisco, and Daly City, and the County of San 
Mateo, subject to certain conditions set forth in the permit. The 
permit amendment was granted only after we determined it was applied 
for in good faith, that granting the permit amendment would not be to 
the disadvantage of the listed species, and that granting the permit 
amendment was consistent with the purposes and policy set forth in the 
Act.

John Enbring,
Acting Deputy Regional Director, Pacific Southwest Region, Sacramento, 
California.
[FR Doc. E9-23763 Filed 10-1-09; 8:45 am]
BILLING CODE 4310-55-P