[Federal Register Volume 60, Number 216 (Wednesday, November 8, 1995)]
[Notices]
[Pages 56351-56352]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-27644]
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DEPARTMENT OF THE INTERIOR
Availability of an Environmental Assessment and Receipt of an
Application for an Incidental Take Permit for the Endangered Smith's
Blue Butterfly and Other Species of Special Concern on the North of
Playa Project, Sand City, California
AGENCY: Fish and Wildlife, Interior.
ACTION: Notice of Availability.
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SUMMARY: D.B.O. Development Company of Pacific Grove, California,
(applicant) has applied to the Fish and Wildlife Service (Service) for
a 5-year incidental take permit pursuant to section 10(a)(1)(B) of the
Endangered Species Act of 1973, as amended (Act). The Service proposes
to issue an incidental take permit and provide assurances for the
endangered Smith's blue butterfly (Euphilotes enoptes smithi),
endangered sand gilia (Gilia tenuiflora ssp. arenaria), threatened
Monterey spineflower (Chorizanthe pungens var. pungens), proposed
endangered black legless lizard (Anniella pulchra nigra), and candidate
sandmat manzanita (Arctostaphylos pumilla) and Monterey ceanothus
(Ceanothus rigidus) on the proposed 33-acre North of Playa
Redevelopment project site in Sand City, Monterey County, California.
The proposed permit would be effective upon issuance for species
currently listed under the Act. For unlisted covered species, the
permit would become effective upon their listing under the Act. Plants
would be covered to the extent that take is prohibited by the Act.
This notice opens the comment period on the joint Environmental
Assessment (EA) and permit application package, which includes the
Habitat Conservation Plan (HCP) and Implementation Agreement (IA). All
[[Page 56352]]
comments received, including names and addresses, will become part of
the administrative record and may be made available to the public.
DATES: Written comments on the HCP, EA, and IA should be received on or
before December 8, 1995.
ADDRESSES: Comments should be addressed to Ms. Diane Noda, Field
Supervisor, U.S. Fish and Wildlife Service, 2493 Portola Road, Suite B,
Ventura, California 93003. Written comments may also be sent by
facsimile to (805) 644-3958. Please refer to permit no. PRT-808240 when
submitting comments.
FOR FURTHER INFORMATION CONTACT: Ms. Catherine McCalvin, Fish and
Wildlife Biologist, at the above address (805-644-1766).
SUPPLEMENTARY INFORMATION:
Availability of Documents
Individuals wishing copies of the documents should immediately
contact the Ventura Field Office at the above referenced address and
telephone. Documents will also be available for public inspection, by
appointment, during normal business hours at the above address.
Background
D.B.O. Development Company proposes to develop a 33-acre site known
as the North of Playa Redevelopment project site in Sand City, Monterey
County, California. This site is known to support populations of the
endangered Smith's blue butterfly, the endangered sand gilia, and the
threatened Monterey spineflower. The site also supports populations of
the black legless lizard, proposed for listing as an endangered
species, and the sandmat manzanita and Monterey ceanothus, candidates
for listing.
Listed animal species are protected pursuant to section 9 of the
Act against take; that is, no one may harass, harm, pursue, hunt,
shoot, wound, kill, trap, capture or collect the species, or attempt to
engage in such conduct (16 USC 1538). The Service, however, may issue
permits to take listed animal species if such taking is incidental to,
and not the purpose of, otherwise lawful activities. Regulations
governing permits for endangered and threatened species are at 50 CFR
17.22 and 17.32. Although no incidental take authorization is required
for listed plant species, impacts to these species must be addressed in
the intra-Service consultation required pursuant to section 7(a) of the
Act.
The EA considers the environmental consequences of four
alternatives: proposed action, no action, reduced intensity
development, and no development. The reduced intensity and no
development alternatives were found infeasible because they are
inconsistent with Sand City's development goals and because they would
not substantially benefit the species discussed above.
The proposed action would result in the loss of approximately 6
acres of coastal dune scrub habitat and ruderal vegetation. This action
could directly and indirectly affect the species described above. The
Service would issue an incidental take permit to the applicant for the
take of the endangered Smith's blue butterfly. In addition, the
applicant seeks Federal assurances that no additional land restrictions
or financial compensation would be required for species adequately
covered by the HCP. To accomplish this, all species covered in the HCP
would be included in the incidental take permit on the condition that
avoidance, minimization, and reserve management measures identified for
these species in the HCP are implemented.
The proposed Federal action would authorize the incidental take of
all Smith's blue butterflies on approximately five clusters of host
plants (Eriogonum parvifolium and E. latifolium) on approximately 0.5
acre that historically supported varying numbers of the Smith's blue
butterfly. Issuance of the permit would also result in the loss of 6
acres of relatively low quality habitat for the black legless lizard.
Between 10 and 59 individual black legless lizards could occur in this
portion of the site. In addition, three of the four existing colonies
of sand gilia documented on the site, and all Monterey spineflowers
would be removed. In 1995, approximately 1,000 and 1,200 individuals,
respectively, of these annual species were detected on-site. Issuance
of the permit would result in the removal of all of the sandmat
manzanita (approximately 262 plants) and Monterey ceanothus
(approximately 203 plants) currently identified on the project site.
The proposed action would establish and provide management for a
mitigation area of approximately 4.6 acres where coastal dune scrub
vegetation and associated special status species would be restored,
enhanced, and protected in perpetuity. Included in this mitigation area
would be approximately 1.5 acres of existing Smith's blue butterfly
habitat which is proposed to be expanded through establishment of
additional buckwheat foodplants and removal of non-native invasive
vegetation. The black legless lizard and special status plant species
would be salvaged from the project site and relocated to the mitigation
site. Funds for relocation, restoration, and monitoring for 5 years
would be provided by the applicant. Long-term maintenance of the area
would be the responsibility of Sand City, which would receive and
administer annual project-assessment fees specifically for maintenance
of the habitat area.
The no action or no permit alternative would result in buildout of
the project site as approved by Sand City with avoidance of and
setbacks from the Smith's blue butterfly foodplants. Approximately 600
sand gilia plants would be removed under this alternative. Impacts to
the other species would be similar to the proposed action alternative.
However, none of the mitigation measures proposed under the proposed
action alternative for these species, including restoration and
protection of the mitigation area, would occur.
This notice is provided pursuant to section 10(c) of the Act and
National Environmental Policy Act (NEPA) regulations (40 CFR 1506.6).
The Service will evaluate the application, associated documents, and
comments submitted thereon to determine whether the application meets
the requirements of NEPA regulations and section 10(a) of the Act. If
the Service determines that the requirements are met, an incidental
take permit will be issued for covered species. The final NEPA and
permit determinations will be made no sooner than 30 days from the date
of this notice.
Dated: November 1, 1995.
David L. McMullen,
Acting Deputy Regional Director, Region 1, Portland, Oregon.
[FR Doc. 95-27644 Filed 11-7-95; 8:45 am]
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