17880 Federal Register / Vol. 74, No. 73 / Friday, April 17, 2009 / Notices 

DATES: All written comments must be 

postmarked or transmitted not later than 

June 8, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Current information about proposed 

repairs to Kalaupapa dock or design of 

appurtenant structures will be available 

from Superintendent Steve Prokop, 

Kalaupapa National Historical Park, 

P.O. Box 2222, Kalaupapa, HI 96742 

(808) 567–6802 (or at http:// 

parkplanning.nps.gov/kala). 

Scoping Process: The NPS will 

formally conclude the public scoping 

phase (needed to inform preparation of 

a Draft EIS) following receipt of any and 

all comments as noted above. All 

previously submitted comments are 

documented in the administrative 

record; only new issues and concerns 

need to be submitted at this time. 

During this final scoping period, public 

meetings will also be conducted—the 

dates, times, and locations will be 

announced via local and regional press 

media and on the project website (noted 

above). Confirmed details may also be 

obtained by contacting the 

Superintendent of Kalaupapa NHP. 

All new relevant environmental 

information, or additional comments on 

any issues that may be associated with 

the proposed project, should be 

submitted by mail to the attention of the 

Superintendent (address as noted above, 

or you may submit comments 

electronically at http:// 

parkplanning.nps.gov/kala). Before 

including your address, phone number, 

e-mail 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. 

Decision Process: All information and 

comments received will be carefully 

considered in preparing a Draft EIS, 

availability of which will be similarly 

announced in the Federal Register. 

Following release of the Draft EIS for 

public and agency review, a Final EIS 

will be prepared. As a delegated EIS, the 

official responsible for approval of any 

dock repair project is the Regional 

Director, Pacific West Region, National 

Park Service. Notice of approval of a 

Record of Decision will also be 

published in the Federal Register. The 

official responsible for implementation 

of the approved project will be the 

Superintendent, Kalaupapa National 

Historical Park. 

Dated: December 30, 2008. 

Jonathan B. Jarvis, 

Regional Director, Pacific West Region. 

Editorial Note: This document was 

received in the Office of the Federal Register 

on April 10, 2009. 

[FR Doc. E9–8623 Filed 4–16–09; 8:45 am] 

BILLING CODE 4312–GJ–M 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

[FWS–R8–ES–2009–N0060]; [1112–0000– 

81420–F2] 

Hossain Ahmadi Low-Effect Habitat 

Conservation Plan, City of San Jose, 

Santa Clara County, CA 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of availability: proposed 

low-effect habitat conservation plan; 

request for comment. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service, have received an 

application from Hossain Ahmadi 

(applicant) for a 3-year incidental take 

permit for five species under the 

Endangered Species Act of 1973, as 

amended (Act). The application 

addresses the potential for ‘‘take’’ of 

three listed animals, one listed plant, 

and one non-listed plant. The applicant 

would implement a conservation 

program to minimize and mitigate the 

project activities, as described in the 

applicant’s low-effect habitat 

conservation plan (plan). We request 

comments on the applicant’s 

application and plan, and the 

preliminary determination that the plan 

qualifies as a ‘‘low-effect’’ habitat 

conservation plan, eligible for a 

Categorical Exclusion under the 

National Environmental Policy Act of 

1969, as amended (NEPA). We discuss 

our basis for this determination in our 

environmental action statement (EAS), 

also available for public review. 

DATES: We must receive written 

comments on or before May 18, 2009. 

ADDRESSES: Please address written 

comments to Mike Thomas, 

Conservation Planning Branch, U. S. 

Fish and Wildlife Service, Sacramento 

Fish and Wildlife Office, 2800 Cottage 

Way, W–2605, Sacramento, CA 95825. 

Alternatively, you may send comments 

by facsimile to (916) 414–6713. 

FOR FURTHER INFORMATION CONTACT: 

Mike Thomas, or Eric Tattersall, 

Division Chief, Conservation Planning 

Branch, at the address shown above or 

at 916–414–6600 (telephone). 

SUPPLEMENTARY INFORMATION: 

Availability of Documents 

You may obtain copies of the permit 

application, plan, and EAS from the 

individuals in FOR FURTHER INFORMATION

CONTACT. Copies of these documents are 

also available for public inspection, by 

appointment, during regular business 

hours, at the Sacramento Fish and 

Wildlife Office (see ADDRESSES). 

Public Availability of Comments 

Before including your address, phone 

number, e-mail 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. 

Background Information 

Section 9 of the Act (16 U.S.C. 1531 

et seq.) and its implementing Federal 

regulations prohibit the ‘‘take’’ of fish or 

wildlife species listed as endangered or 

threatened. ‘‘Take’’ is defined under the 

Act to include the following activities: 

To harass, harm, pursue, hunt, shoot, 

wound, kill, trap, capture, or collect 

listed animal species, or to attempt to 

engage in such conduct. However, 

under section 10(a)(1)(B) of the Act, we 

may issue permits to authorize 

incidental take of listed species. 

‘‘Incidental take’’ is defined by the Act 

as take that is incidental to, and not the 

purpose of, carrying out an otherwise 

lawful activity. Regulations governing 

incidental take permits for endangered 

and threatened species, respectively, are 

in the Code of Federal Regulations at 50 

CFR 17.22 and 50 CFR 17.32. 

Although take of listed plant species 

is not prohibited under the Act, and 

therefore cannot be authorized under an 

incidental take permit, plant species 

may be included on a permit in 

recognition of the conservation benefits 

provided to them under a habitat 

conservation plan. All species included 

in the incidental take permit would 

receive assurances under our ‘‘No 

Surprises’’ regulations (50 CFR 

17.22(b)(5) and 17.32(b)(5)). 

The applicant seeks an incident take 

permit for covered activities within 9.2 

acres (ac) (3.72 hectares (ha)) of 

grassland the applicant owns in Santa 

Clara County, California. The applicant 

is requesting permits for take of three 

animal species federally listed as 

threatened: Bay checkerspot butterfly 

(Euphydryas editha bayensis), California 

red-legged frog (Rana aurora draytonii), 

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Federal Register / Vol. 74, No. 73 / Friday, April 17, 2009 / Notices 17881 

and California tiger salamander 

(Ambystoma californiense); one plant 

species federally listed as endangered: 

Santa Clara Valley dudleya (Dudleya 

setchellii). The plan also includes one 

non-listed plant species, the most 

beautiful jewelflower (Streptanthus 

albidus ssp. peramoenus). The plan 

does not include any nonlisted animal 

species. Collectively, these species are 

referred to as ‘‘covered species’’ in the 

plan. 

Covered activities include the 

following: Grading and ground leveling; 

vegetation removal and planting; soil 

compaction; building construction; and 

use of heavy equipment (including, but 

not limited to, bulldozers, cement 

trucks, water trucks, and backhoes); 

erosion control structures (such as silt 

fencing and barriers); dust control (such 

as watering surface soils); construction 

of driveways; trenching; installation of 

utilities and irrigation systems;, and 

associated landscaping. 

The applicant proposes to avoid, 

minimize, and mitigate the effects to the 

covered species associated with the 

covered activities by fully implementing 

the plan. Minimization measures will 

include, but are not limited to, an 

employee education program; biological 

monitoring during construction and 

earthmoving; a storm water, erosion, 

and dust control plan; and salvage of 

individual Santa Clara Valley dudleya 

prior to construction. General 

minimization measures will include: 

Limiting staging and work areas to the 

project site only; regular removal of all 

foods and food-related trash every three 

days; prohibiting pets from the project 

site during construction; restricting 

ground disturbance to the period of July 

1 through November 30 (generally the 

dry season), unless we authorize 

otherwise; and maintenance of all 

equipment to avoid fluid leaks. 

Alternatives 

Our proposed action is approving the 

applicant’s plan and issuance of an 

incidental take permit for the 

applicant’s covered activities. As 

required by the Act, the applicant’s plan 

considers alternatives to the take under 

the proposed action. The plan considers 

the environmental consequences of one 

alternative to the proposed action, the 

No Action Alternative. Under the No 

Action Alternative, we would not issue 

a permit; the applicant would not build 

the proposed single-family residence; 

the project area would continue to 

experience illegal off-road vehicle use, 

illegal trash dumping, and trespassing; 

and no take would occur for the 

construction of the residence and its 

associated structures. 

Under the proposed action 

alternative, we would issue an 

incidental take permit for the 

applicant’s proposed project, which 

includes the activities described above. 

The proposed action alternative would 

result in permanent loss of 1.33 ac (0.54 

ha) of grassland habitat for the Bay 

checkerspot butterfly, California tiger 

salamander, California red-legged frog, 

Santa Clara Valley dudleya, and most 

beautiful jewelflower. To mitigate for 

these effects, the applicant proposes to 

protect, enhance, and manage in 

perpetuity 6.8 ac (2.76 ha) of on-site 

grassland. 

National Environmental Policy Act 

As described in our EAS, we have 

made the preliminary determination 

that approval of the proposed plan and 

issuance of the permit would qualify as 

a categorical exclusion under NEPA (42 

U.S.C. 4321 et seq.), as provided by 

Federal regulations (40 CFR 1500, 5(k), 

1507.3(b)(2), 1508.4) and the 

Department of the Interior Manual (516 

DM 2 and 516 DM 8). Our EAS found 

that the proposed plan qualifies as a 

‘‘low-effect’’ habitat conservation plan, 

as defined by our Habitat Conservation 

Planning Handbook (November 1996). 

Determination of low-effect habitat 

conservation plans is based on the 

following three criteria: (1) 

Implementation of the proposed plan 

would result in minor or negligible 

effects on federally listed, proposed, and 

candidate species and their habitats; (2) 

implementation of the proposed plan 

would result in minor or negligible 

effects on other environmental values or 

resources; and (3) impacts of the plan, 

considered together with the impacts of 

other past, present, and reasonably 

foreseeable similarly situated projects, 

would not result, over time, in 

cumulative effects to environmental 

values or resources that would be 

considered significant. Based upon the 

preliminary determinations in the EAS, 

we do not intend to prepare further 

NEPA documentation. We will consider 

public comments when making the final 

determination on whether to prepare an 

additional NEPA document on the 

proposed action. 

Public Review 

We provide this notice pursuant to 

section 10(c) of the Act and the NEPA 

public-involvement regulations (40 CFR 

1500.1(b), 1500.2(d), and 1506.6). We 

will evaluate the permit application, 

including the plan, and comments we 

receive to determine whether the 

application meets the requirements of 

section 10(a) of the Act. If the 

requirements are met, we will issue a 

permit to the applicant for the 

incidental take of the Bay checkerspot 

butterfly, California tiger salamander, 

California red-legged frog, Santa Clara 

Valley dudleya, and most beautiful 

jewelflower from the implementation of 

the covered activities described in the 

plan, or from mitigation conducted as 

part of this plan. We will make the final 

permit decision no sooner than 30 days 

after the date of this notice. 

Dated: April 13, 2009. 

Jan Knight, 

Acting Field Supervisor, Sacramento Fish and 

Wildlife Office, Sacramento, California. 

[FR Doc. E9–8816 Filed 4–16–09; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

National Park Service 

National Register of Historic Places; 

Notification of Pending Nominations 

and Related Actions 

Nominations for the following 

properties being considered for listing 

or related actions in the National 

Register were received by the National 

Park Service before April 4, 2009. 

Pursuant to section 60.13 of 36 CFR part 

60 written comments concerning the 

significance of these properties under 

the National Register criteria for 

evaluation may be forwarded by United 

States Postal Service, to the National 

Register of Historic Places, National 

Park Service, 1849 C St., NW, 2280, 

Washington, DC 20240; by all other 

carriers, National Register of Historic 

Places, National Park Service,1201 Eye 

St., NW, 8th floor, Washington DC 

20005; or by fax, 202–371–6447. Written 

or faxed comments should be submitted 

by May 4, 2009. 

J. Paul Loether, 

Chief, National Register of Historic Places/ 

National Historic Landmarks Program. 

COLORADO 

Weld County 

Von Trotha-Firestien Farm at Bracewell, 

(Historic Farms and Ranches of Weld 

County MPS) Address Restricted, Greeley, 

09000291. 

IDAHO 

Blaine County 

Chase, Eben S. and Elizabeth S., House, 203 

E. Bullion St., Hailey, 09000292. 

Latah County 

Nordby Farmstead, (Agricultural Properties 

of Latah County, Idaho) 1301 Old Highway 

95, Genesee, 09000293. 

Snow, Arthur, House, 2949 Clyde Rd., 

Moscow, 09000294. 

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