[Federal Register Volume 81, Number 20 (Monday, February 1, 2016)]
[Notices]
[Pages 5130-5131]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-01744]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2016-N001; FXES11120800000-167-FF08EVEN00]


Receipt of Application for Renewal of Incidental Take Permit for 
Ohlone Tiger Beetle; Low-Effect Habitat Conservation Plan for the Santa 
Cruz Gardens Unit 12 Project Site; Soquel, Santa Cruz County, 
California

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of receipt of permit renewal application; request for 
comments.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have 
received an application from HPH Properties, L.P. (applicant), for a 
renewal of incidental take permit TE189382-1 under the Endangered 
Species Act of 1973, as amended (Act). The applicant has requested a 
renewal that will extend permit expiration by 6 years from the date the 
permit is reissued. The applicant has agreed to follow all of the 
existing low-effect habitat conservation plan (HCP) conditions. If 
renewed, no additional take will be authorized. The permit would 
authorize take of the federally endangered Ohlone tiger beetle 
(Cicindela ohlone), incidental to otherwise lawful activities 
associated with the Santa Cruz Gardens Unit 12 residential development.

DATES: Written comments should be received on or before March 2, 2016.

ADDRESSES: Obtaining Documents: You may obtain a copy of the permit 
renewal application and the HCP by writing to the Ventura Fish and 
Wildlife Ecological Services Office, Attn: Permit number TE189382-1, 
U.S. Fish and Wildlife Service, 2493 Portola Road, Suite B, Ventura, CA 
93003. In addition, we will make the permit renewal application and HCP 
available for public inspection by appointment during normal business 
hours at the above address.
    Submitting Comments: Please address written comments to Steve 
Henry, Field Supervisor, Ventura Fish and Wildlife Office, U.S. Fish 
and Wildlife Service, 2493 Portola Road, Suite B, Ventura, CA 93003. 
Comments may also be sent by facsimile to (805) 644-3958.

FOR FURTHER INFORMATION CONTACT: Lena Chang, Fish and Wildlife 
Biologist, Ventura Fish and Wildlife Office, at the above address or by 
calling (805) 644-1766.

SUPPLEMENTARY INFORMATION: We have received an application from HPH 
Properties, L.P., for a renewal of incidental take permit TE189382-1 
for the endangered Ohlone tiger beetle under the Act. The applicant has 
requested a renewal that will extend the permit expiration by 6 years. 
The applicant has agreed to follow all of the existing HCP conditions. 
If the permit is renewed, no additional take will be authorized. The 
permit would authorize take of the federally endangered Ohlone tiger 
beetle, incidental to otherwise lawful activities associated with the 
Santa Cruz Gardens Unit 12 residential development. In addition to the 
Ohlone tiger beetle, the HCP includes two plants: The federally 
threatened Santa Cruz tarplant (Holocarpha macradenia) and Gairdner's 
yampah (Perideridia gairdneri ssp. gairdneri), classified as a Rank 4 
rare plant by the California Native Plant Society.

Background

    The Ohlone tiger beetle was listed by the U.S. Fish and Wildlife 
Service as endangered on October 3, 2001. Section 9 of the Act (16 
U.S.C. 1531 et seq.) and its implementing 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: ``[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 
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 of an otherwise 
lawful activity. Regulations governing incidental take permits for 
threatened and endangered species are, respectively, in the Code of 
Federal Regulations at 50 CFR 17.32 and 17.22. Issuance of an 
incidental take permit also must not jeopardize the existence of 
federally listed fish, wildlife, or plant species. 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)).
    On July 21, 2014, incidental take permit TE189382-0 was transferred 
from the original permittee, Porter-Livingston Development, Inc. and 
O'Hara-Balfour LP, to a new permittee, HPH Properties, L.P. 
Subsequently, a new permit number, TE189382-1, was issued. HPH 
Properties, L.P. has applied for renewal of a permit for the incidental 
take of the endangered Ohlone tiger beetle. The potential taking would 
occur incidental to development of nine new single-family residences at 
an undeveloped 58.6-acre project site

[[Page 5131]]

(APNs 025-391-01, 025-401-01, 025-401-02, and 025-491-01) near Soquel, 
Santa Cruz County, California. This parcel is located approximately 
0.33 mile north of Soquel Avenue and west of Rodeo Gulch Road. The 
property is roughly bounded by the terminus of Benson Avenue, Tiffany 
Court, and residential areas to the south; Thurber Lane to the west; 
Winkle Avenue and undeveloped lands to the north; and Rodeo Gulch Road 
to the east. An incidental take permit was first issued for the project 
on August 6, 2009. No project activities occurred during the first 6-
year term of the incidental take permit, and conditions at the site 
remain unchanged from the time of original permit issuance.

Our Preliminary Determination

    The Service has made a preliminary determination that renewal of 
the 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), nor 
will it individually or cumulatively have more than a negligible effect 
on the species covered in the HCP. Therefore, the permit renewal 
qualifies for a categorical exclusion under NEPA as provided by the 
Department of the Interior Manual (516 DM 2, Appendix 1 and 516 DM 
8.5).

Public Comments

    If you wish to comment on the permit applications, plans, and 
associated documents, you may submit comments by any one of the methods 
in ADDRESSES.

Public Availability of Comments

    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 Act (16 U.S.C. 1531 
et seq.) and NEPA regulations (40 CFR 1506.6).

    Dated: January 20, 2016.
Stephen P. Henry,
Field Supervisor, Ventura Fish and Wildlife Office, Ventura, 
California.
[FR Doc. 2016-01744 Filed 1-29-16; 8:45 am]
 BILLING CODE 4333-15-P