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Availability of a Habitat Conservation Plan and Receipt of an Application for an Incidental Take Permit for the Wildcat Line Single- Family Residence Project, Monterey County, California

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

 [Federal Register: March 28, 2001 (Volume 66, Number 60)]
[Notices]
[Page 16956-16957]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28mr01-73]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Availability of a Habitat Conservation Plan and Receipt of an
Application for an Incidental Take Permit for the Wildcat Line Single-
Family Residence Project, Monterey County, California

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability and receipt of application.

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SUMMARY: Wildcat Line (Applicant), a California limited partnership,
has applied to the Fish and Wildlife Service (Service) for an
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 a 10-year permit that would authorize take of the endangered
Smith's blue butterfly (Euphilotes enoptes smithi) incidental to
otherwise lawful activities. Such take would occur as a result of
development of one single-family residence within an 11.46-acre parcel
owned by the Applicant and located in Carmel Highlands, in Monterey
County, California. Development would result in the loss of 0.8 acre of
coastal sage scrub habitat, which supports an estimated 4,923
individuals of seacliff buckwheat (Eriogonum parvifolium), a host plant
for the Smith's blue butterfly.
    We request comments from the public on the permit application,
which is available for review. The application includes a Habitat
Conservation Plan (Plan). The Plan describes the proposed project and
the measures that the Applicant would undertake to minimize and
mitigate take of the Smith's blue butterfly.
    We also request comments on our preliminary determination that the
Plan qualifies as a ``low-effect'' habitat conservation plan, eligible
for a categorical exclusion under the National Environmental Policy
Act. The basis for this determination is discussed in an Environmental
Action Statement, which is also available for public review.

DATES: Written comments should be received on or before April 27, 2001.

ADDRESSES: Send written comments to Ms. Diane Noda, Field Supervisor,
U.S. Fish and Wildlife Service, 2493 Portola Road, Suite B, Ventura,
California 93003. Comments may be sent by facsimile to (805) 644-3958.

FOR FURTHER INFORMATION CONTACT: Ms. Diane Pratt, Fish and Wildlife
Biologist, at the above address or call (805) 644-1766.

SUPPLEMENTARY INFORMATION:

Document Availability

    Please contact the above office if you would like copies of the
application, Plan, and Environmental Action Statement. Documents also
will be available for review by appointment, during normal business
hours at the above address.

Background

    Section 9 of the Endangered Species Act and Federal regulation
prohibit the ``take'' of fish or wildlife species listed as endangered
or threatened, respectively. Take of listed fish or wildlife is defined
under the Act to include kill, harm, or harass. The Service may, under
limited circumstances, issue permits to authorize incidental take;
i.e., take that is incidental to, and not the purpose of, the carrying
out of an otherwise lawful activity. Regulations governing incidental
take permits for threatened and endangered species are found in 50 CFR
17.32 and 17.22, respectively.
    The Wildcat Line Single-Family Residence project area is located
east of Highway 1, southeast of Yankee Point, and north of Malpaso
Creek in Carmel Highlands, Monterey County. The Applicant is requesting
a 10-year incidental take permit for the Smith's blue butterfly.
    The proposed project is development of a single-family residence on
an 11.46-acre parcel. The Applicant proposes to grade the upper
portions of the finger ridge to provide an area suitable for
construction of one single-family residence. Other improvements to the
site include an all-weather driveway, a picnic area, a new water tank
and access

[[Page 16957]]

road, a septic leach field, drainage and erosion control improvements,
a footpath, and landscaping. The project parcel was formerly part of a
466-acre parcel, of which 439 acres have been designated for watershed
and scenic conservation due to policies of the Carmel Area Land Use
Plan, topography too steep to build on, and the efforts of Mr. Dan
Keig. This area is zoned ``WSC/199'', or one residential lot per 199-
acre lot. Approximately 7.8 acres, or 68 percent, of the 11.46-acre
parcel consist of slopes that are equal to or greater than 30 percent
and are therefore protected from development under a scenic easement
held by Monterey County, pursuant to section 20.146.120.A.6 of the
Coastal Implementation Plan.
    The project would disturb a 1.56-acre area (impact area), of which
0.8 acre is coastal sage scrub dominated by seacliff buckwheat, a
larval and adult host plant of the Smith's blue butterfly, federally
listed as endangered under the Act. The Applicant has submitted a Plan
to minimize and mitigate for the removal of approximately 4,923
individual plants of seacliff buckwheat, considered suitable habitat
for the Smith's blue butterfly, which grow within the impact area. The
project site does not contain any other threatened or endangered
species or habitat. No critical habitat for any listed species occurs
on the project site. Approximately 2.93 acres (26 percent) of the
11.46-acre parcel is characterized by Monterey pine (Pinus radiata),
which is included on the California Native Plant Society List 1B as a
species that is rare, threatened or endangered in California and
elsewhere. Lewis' clarkia (Clarkia lewisii), a Calfornia Native Plant
Society List 4 plant (species with limited distribution), grows at the
project site in association with the coastal sage scrub plant
community.
    Under the Plan, the 0.8 acre of coastal sage scrub habitat
dominated by seacliff buckwheat and affected by the proposed project
would be replaced with 0.97 acre of restored coastal sage scrub habitat
elsewhere on the project site. To mitigate the effects of take on the
Smith's blue butterfly, the impacted seacliff buckwheat plants
providing foraging habitat would be replaced at a 1:1 ratio and
established in the restored and existing coastal sage scrub habitat at
the project site. In addition, approximately 9.86 acres of the 11.46-
acre site, of which approximately 7.19 acres is coastal sage scrub
habitat, would be protected in perpetuity through placement of a deed
restriction and establishment of an endowment for long term management.
    The Service's Proposed Action consists of the issuance of an
incidental take permit and implementation of the Plan, which includes
measures to minimize and mitigate impacts of the project on the Smith's
blue butterfly. Two alternatives to the taking of listed species under
the Proposed Action are considered in the Plan. Under the No Action
Alternative, no permit would be issued. However, this alternative would
result in an economic burden to the Applicant and conservation measures
for the Smith's blue butterfly, such as exotic weed eradication, would
not be implemented. Another alternative would result in a redesigned
project with the relocation of the development footprint to another
portion of the parcel. However, much of the property is too steep to be
developed, and relocation of the footprint to the western portion of
the property would result in the removal of an undetermined number of
Monterey pine trees. The Service considers the proposed development
footprint as more desirable than development elsewhere on the property
because the potential reduction of take of Smith's blue butterflies and
reduction of modification of their habitat would not be significant.
    The Service has made a preliminary determination that the Plan
qualifies as a ``low-effect'' plan as defined by its Habitat
Conservation Planning Handbook (November 1996). Our determination that
a habitat conservation plan qualifies as a low-effect plan is based on
the following three criteria: (1) Implementation of the plan would
result in minor or negligible effects on federally listed, proposed,
and candidate species and their habitats; (2) implementation of the
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 which would be considered
significant. As more fully explained in our Environmental Action
Statement, the Applicant's Plan for the Wildcat Line Single-Family
Residence Project qualifies as a ``low-effect'' plan for the following
reasons:
    1. Approval of the Plan would result in minor or negligible effects
on the Smith's blue butterfly and its habitat. The Service does not
anticipate significant direct or cumulative effects to the Smith's blue
butterfly resulting from development of the Wildcat Line Single-Family
Residence Project.
    2. Approval of the Plan would not have adverse effects on unique
geographic, historic or cultural sites, or involve unique or unknown
environmental risks.
    3. Approval of the Plan would not result in any cumulative or
growth inducing impacts and, therefore, would not result in significant
adverse effects on public health or safety.
    4. The project does not require compliance with Executive Order
11988 (Floodplain Management), Executive Order 11990 (Protection of
Wetlands), or the Fish and Wildlife Coordination Act, nor does it
threaten to violate a Federal, State, local or tribal law or
requirement imposed for the protection of the environment.
    5. Approval of the Plan would not establish a precedent for future
actions or represent a decision in principle about future actions with
potentially significant environmental effects.
    The Service therefore has made a preliminary determination that
approval of the Plan qualifies as a categorical exclusion under the
National Environmental Policy Act, as provided by the Department of the
Interior Manual (516 DM 2, Appendix 1 and 516 DM 6, Appendix 1). Based
upon this preliminary determination, we do not intend to prepare
further National Environmental Policy Act documentation. The Service
will consider public comments in making its final determination on
whether to prepare such additional documentation.
    The Service provides this notice pursuant to section 10(c) of the
Endangered Species Act. We will evaluate the permit application, the
Plan, and comments submitted thereon to determine whether the
application meets the requirements of section 10 (a) of the Act. If the
requirements are met, the Service will issue a permit for the
incidental take of the Smith's blue butterfly from development of the
Wildcat Line Single-Family Residence Project area. We will make the
final permit decision no sooner than 30 days from the date of this
notice.

    Dated: March 13, 2001.
Miel R. Corbett,
Deputy Manager, California/Nevada Operations Office, Sacramento,
California.
[FR Doc. 01-7607 Filed 3-27-01; 8:45 am]
BILLING CODE 4130-55-P

 
 

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