[Federal Register Volume 82, Number 172 (Thursday, September 7, 2017)]
[Notices]
[Pages 42358-42359]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18970]



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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2017-N040; FXES11130800000-178-FF08EVEN00]


Low-Effect Habitat Conservation Plan for the San Lorenzo Valley 
Water District's Probation Tank Replacement Project in Felton, Santa 
Cruz County, California

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comment.

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SUMMARY: We, the U.S. Fish and Wildlife Service, have received an 
application from the San Lorenzo Valley Water District for a 20-year 
incidental take permit under the Endangered Species Act of 1973, as 
amended (Act). The application addresses the potential for ``take'' of 
the federally endangered Mount Hermon June beetle and Zayante band-
winged grasshopper that is likely to occur incidental to the 
replacement of a water storage tank and infrastructure at the existing 
water storage tank site in Felton, Santa Cruz County, California. We 
invite comments from the public on the application package, which 
includes a low-effect habitat conservation plan.

DATES: To ensure consideration, please send your written comments by 
October 10, 2017.

ADDRESSES: You may download a copy of the habitat conservation plan, 
draft environmental action statement and low-effect screening form, and 
related documents on the Internet at http://www.fws.gov/ventura/, or 
you may request copies of the documents by U.S. mail to our Ventura 
office or by phone (see FOR FURTHER INFORMATION CONTACT). Please 
address written comments to Stephen P. Henry, Field Supervisor, Ventura 
Fish and Wildlife Office, U.S. Fish and Wildlife Service, 2493 Portola 
Road, Suite B, Ventura, CA 93003. You may alternatively send comments 
by facsimile to (805) 644-3958.

FOR FURTHER INFORMATION CONTACT: Chad Mitcham, Fish and Wildlife 
Biologist, by U.S. mail to the Ventura office, or by telephone at (831) 
768-7794.

SUPPLEMENTARY INFORMATION: We have received an application from the San 
Lorenzo Valley Water District for a 20-year incidental take permit 
under the Act. The application addresses the potential for ``take'' of 
the federally endangered Mount Hermon June beetle (Polyphylla barbata) 
and Zayante band-winged grasshopper (Trimerotropis infantilis) likely 
to occur incidental to the replacement of a water storage tank and 
infrastructure on the San Lorenzo Valley Water District's easement at 
3650 Graham Hill Road, (APN: 061-371-16), Felton, Santa Cruz County, 
California. We invite comments from the public on the application 
package, which includes a low-effect habitat conservation plan. This 
proposed action has been determined to be eligible for a categorical 
exclusion under the National Environmental Policy Act of 1969 (NEPA), 
as amended.

Background

    The U.S. Fish and Wildlife Service (Service) listed the Mount 
Hermon June beetle and Zayante band-winged grasshopper as endangered on 
January 24, 1997 (62 FR 3616). 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: ``to 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. The Act defines ``Incidental Take'' 
as take that is not the purpose of carrying out of an otherwise lawful 
activity. Regulations governing incidental take permits for threatened 
and endangered species are provided at 50 CFR 17.32 and 17.22, 
respectively. Issuance of an incidental take permit must not jeopardize 
the existence of federally listed fish, wildlife, or plant species.
    Take of listed plants is not prohibited under the Act unless such 
take would violate State law. As such, take of plants cannot be 
authorized under an incidental take permit. Plant species may be 
included on a permit in recognition of the conservation benefits 
provided them under a habitat conservation plan. All species, including 
plants, covered by the incidental take permit receive assurances under 
our ``No Surprises'' regulations (50 CFR 17.22(b)(5) and 17.32(b)(5)). 
In addition to meeting other specific criteria, actions undertaken 
through implementation of the habitat conservation plan (HCP) must not 
jeopardize the continued existence of federally listed animal or plant 
species.

Applicant's Proposal

    The San Lorenzo Valley Water District (hereafter, the applicant) 
has submitted a low-effect HCP in support of their application for an 
incidental take permit (ITP) to address take of the Mount Hermon June 
beetle and Zayante band-winged grasshopper that is likely to occur as 
the result of direct impacts on up to 0.432-acre (ac) (18,800 square 
feet (sf)) of sandhills habitat occupied by the species. Take would be 
associated with the replacement of an existing water storage tank and 
infrastructure on an existing parcel legally described as Assessor 
Parcel Number: 061-371-16. The current site address is 3650 Graham Hill 
Road in Felton, Santa Cruz County, California. The applicant is 
requesting a permit for take of Mount Hermon June beetle and Zayante 
band-winged grasshopper that would result from ``covered activities'' 
that are related to replacement of the existing water tank.
    The HCP's conservation strategy also addresses potential impacts to 
the federally endangered Ben Lomond spineflower (Chorizanthe pungens 
var. pungens) and Ben Lomond wallflower (Erysimum teretifolium), which 
are known to occur at the proposed project site or within the proposed 
conservation easement area. The applicant's conservation strategy, in 
part, proposes the dedication of a conservation easement on 6.7 ac of 
habitat that contains habitat for all four of the species addressed in 
the HCP. A 20-year incidental take permit is requested to authorize 
take that would occur incidental to the water storage tank replacement 
project, and also to cover potential short-term impacts to all four 
species within the conservation easement area as a result of habitat 
enhancement.
    The applicant proposes to avoid, minimize, and mitigate impacts to 
the Mount Hermon June beetle, Zayante band-winged grasshopper, Ben 
Lomond wallflower, and Ben Lomond spineflower associated with the 
covered activities by fully implementing the HCP. The following 
measures will be implemented: (1) Temporary fencing and signs will be 
installed to clearly delineate the boundaries of the project; (2) if 
construction occurs during the flight season (considered to be between 
May and August, annually), exposed soils will be covered with erosion 
control fabric or other impervious materials to prevent any dispersing 
Mount Hermon June beetles from burrowing into exposed soil at the 
construction site; (3) employment of a Service-approved entomologist to 
capture and relocate into suitable habitat and out of harm's way any 
Mount Hermon June beetle unearthed or observed during construction 
activities; (4) employment of a Service-approved biologist to ensure 
Zayante band-winged grasshoppers disperse from the

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proposed project area prior to ground disturbing activities; (5) 
collecting seed of the Ben Lomond spineflower within the project area 
prior to the initiation of ground disturbing activities, so that the 
seeds can be used in the post-construction restoration of temporarily-
disturbed areas; and (6) permanently protect habitat for the Mount 
Hermon June beetle, Zayante band-winged grasshopper, Ben Lomond 
spineflower, and Ben Lomond wallflower to mitigate for habitat impacts 
through the permanent protection of 0.995-ac of high quality habitat 
within the proposed 6.7-ac conservation easement; or, the purchase of 
0.813-ac of conservation credits at the Zayante Sandhills Conservation 
Bank. The applicant will fund up to $346,064 to ensure implementation 
of all minimization measures, monitoring, and reporting requirements 
identified in the HCP.
    In the proposed HCP, the applicant considers two alternatives to 
the proposed action: ``No Action'' and ``Redesign Project.'' Under the 
``No Action'' alternative, an ITP for the water tank replacement 
project would not be issued. The proposed conservation strategy and 
subsequent habitat conservation would not occur, or, alternatively, the 
purchase of conservation credits would not be provided to effect 
recovery actions for the impacted species. The ``No Action'' 
alternative would not result in necessary improvements to the existing 
water tank and would not result in a net benefit for the covered 
species; therefore, the ``No Action'' alternative has been rejected. 
Under the ``Redesign Project'' alternative, the existing tank would be 
replaced with a new smaller tank that would fit within the existing 
footprint, with temporary impacts occurring within an approximately 
0.12-ac area. Under this alternative the new tank would not provide 
enough water storage for fire and/or other emergencies in addition to 
meeting existing water demand. Under this alternative the District 
would permanently protect and manage a smaller area within the 
conservation easement, or purchase fewer credits at the Zayante 
Sandhills Conservation Bank. This alternative would present a 
significant burden to the District without significantly reducing 
potential impacts to the impacted species; therefore, the ``Redesign 
Project'' alternative has also been rejected.

Our Preliminary Determination

    We are requesting comments on our preliminary determination that 
the applicant's proposal will have a minor or negligible effect on the 
Mount Hermon June beetle, Zayante band-winged grasshopper, Ben Lomond 
spineflower, and Ben Lomond wallflower, and that the plan qualifies as 
a low-effect HCP as defined by our Habitat Conservation Planning 
Handbook. We base our determinations on three criteria: (1) 
Implementation of the proposed project as described in the HCP would 
result in minor or negligible effects on federally listed, proposed, 
and/or candidate species and their habitats; (2) implementation of the 
HCP would result in minor or negligible effects on other environmental 
values or resources; and (3) HCP impacts, considered together with 
those of other past, present, and reasonably foreseeable future 
projects, would not result in cumulatively significant effects. In our 
analysis of these criteria, we have made a preliminary determination 
that the approval of the HCP and issuance of an ITP qualify for 
categorical exclusion under NEPA (42 U.S.C. 4321 et seq.), as provided 
by the Department of the Interior implementing regulations in part 46 
of title 43 of the Code of Federal Regulations (43 CFR 46.205, 46.210, 
and 46.215). However, based upon our review of public comments that we 
receive in response to this notice, this preliminary determination may 
be revised.

Next Steps

    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)(1)(B) of the Act. We will also evaluate 
whether issuance of the ITP would comply with section 7(a)(2) of the 
Act by conducting an intra-Service Section 7 consultation.

Public Review

    We provide this notice under section 10(c) of the Act and the 
National Environmental Policy Act of 1969, as amended (NEPA), and 
NEPA's public involvement regulations (40 CFR 1500.1(b), 1500.2(d), and 
1506.6). We are requesting comments on our determination that the 
applicants' proposal will have a minor or neglible effect on the Mount 
Hermon June beetle, Zayante band-winged grasshopper, Ben Lomond 
spineflower, and Ben Lomond wallflower, and that the plan qualifies as 
a low-effect HCP as defined by our Habitat Conservation Planning 
Handbook. 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)(1)(B) of the Act. We will use the results 
of our internal Service consultation, in combination with the above 
findings, in our final analysis to determine whether to issue the 
permits. If the requirements are met, we will issue an ITP to the 
applicant for the incidental take of Mount Hermon June beetle and 
Zayante band-winged grasshopper. We will make the final permit decision 
no sooner than 30 days after the date of this notice.

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: August 31, 2017.
Stephen P. Henry,
Field Supervisor, Ventura Fish and Wildlife Office, Ventura, 
California.
[FR Doc. 2017-18970 Filed 9-6-17; 8:45 am]
 BILLING CODE 4333-15-P