Notice2022-11227
Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for California Tiger Salamander and California Red-Legged Frog; Monterey County, CA; Categorical Exclusion
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 25, 2022
Issuing agencies
Interior DepartmentFish and Wildlife Service
Abstract
We, the Fish and Wildlife Service (Service), announce receipt of an application from Mike Knoop and Michelle Wright (applicants) for an incidental take permit (ITP) under the Endangered Species Act. The applicants request the ITP to take the federally listed California tiger salamander and California red-legged frog, incidental to the development of a single-family residence in Carmel Valley, California. We request public comment on the ITP application, which includes the applicants' proposed habitat conservation plan (HCP), and on the Service's preliminary determination that this HCP qualifies as "low effect," categorically excluded under the National Environmental Policy Act. To make this determination, we used our environmental action statement and low-effect screening form, both of which are also available for public review.
Full Text
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<title>Federal Register, Volume 87 Issue 101 (Wednesday, May 25, 2022)</title>
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[Federal Register Volume 87, Number 101 (Wednesday, May 25, 2022)]
[Notices]
[Pages 31899-31900]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-11227]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R8-ES-2022-0051; FXES11140800000-223-FF08EVEN00]
Receipt of Incidental Take Permit Application and Proposed
Habitat Conservation Plan for California Tiger Salamander and
California Red-Legged Frog; Monterey County, CA; Categorical Exclusion
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for comments.
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SUMMARY: We, the Fish and Wildlife Service (Service), announce receipt
of an application from Mike Knoop and Michelle Wright (applicants) for
an incidental take permit (ITP) under the Endangered Species Act. The
applicants request the ITP to take the federally listed California
tiger salamander and California red-legged frog, incidental to the
development of a single-family residence in Carmel Valley, California.
We request public comment on the ITP application, which includes the
applicants' proposed habitat conservation plan (HCP), and on the
Service's preliminary determination that this HCP qualifies as ``low
effect,'' categorically excluded under the National Environmental
Policy Act. To make this determination, we used our environmental
action statement and low-effect screening form, both of which are also
available for public review.
DATES: Written comments should be received on or before June 24, 2022.
ADDRESSES:
To obtain documents: You may obtain copies of the documents online
in Docket No. FWS-R8-ES-2022-0051 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or
you may request copies of the documents by email, phone, or U.S. mail
(see FOR FURTHER INFORMATION CONTACT).
To submit comments: If you wish to submit comments on any of the
documents, you may do so in writing by any one of the following
methods:
<bullet> Online: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the
instructions for submitting comments on Docket No. FWS-R8-ES-2022-0051.
<bullet> U.S. mail: Public Comments Processing, Attn: Docket No.
FWS-R8-ES-2022-0051; U.S. Fish and Wildlife Service, MS: PRB/3W, 5275
Leesburg Pike, Falls Church, VA 22041-3803.
FOR FURTHER INFORMATION CONTACT: Karen Sinclair, Biologist, by email at
<a href="/cdn-cgi/l/email-protection#016a6073646f5e72686f626d606873416776722f666e77"><span class="__cf_email__" data-cfemail="bbd0dac9ded5e4c8d2d5d8d7dad2c9fbddccc895dcd4cd">[email protected]</span></a>, by phone at 805-677-3315, or by U.S. mail at
the Ventura Fish and Wildlife Office, 2493 Portola Rd #B, Ventura, CA
93003.
Individuals in the United States who are deaf, deafblind, hard of
hearing, or have a speech disability may dial 711 (TTY, TDD, or
TeleBraille) to access telecommunications relay services. Individuals
outside the United States should use the relay services offered within
their country to make international calls to the point-of-contact in
the United States.
SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service
(Service), announce the availability of a draft habitat conservation
plan (HCP) and draft screening form for a low-effect incidental take
permit (ITP) determination, and a National Environmental Policy Act
(NEPA) environmental action statement (screening form) for activities
described in an application for an incidental take permit (ITP) under
the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et
seq.). The application was received from Mike Knoop and Michelle Wright
(applicants). If granted, the permit would authorize take of the
federally threatened California tiger salamander (Ambystoma
californiense) and California red-legged frog (Rana draytonii)
incidental to activities described in the HCP for the construction of a
single-family residence, within Monterey County Parcels 187-021-040 and
187-021-041, and driveway improvements within adjacent parcels 187-021-
028 and 187-021-013, in the northern foothills of Carmel Valley,
California. The applicants developed a draft HCP as part of their
application for an ITP under section 10(a)(1)(B) of the ESA. The
Service prepared a draft screening form in accordance with NEPA (42
U.S.C. 4321 et seq.) to evaluate the potential effects to the natural
and human environment resulting from issuing an ITP to the applicants.
We
[[Page 31900]]
invite public comment on these documents.
Background
The California tiger salamander was listed as threatened on August
8, 2004 (69 FR 47212), and the California red-legged frog was listed as
threatened on May 23, 1996 (61 FR 25813). Section 9 of the ESA
prohibits the ``take'' of fish or wildlife species listed as
endangered. Pursuant to section 4(d) of the ESA, the take prohibition
was extended by regulation to certain threatened species, including, as
applicable here, the California tiger salamander and California red-
legged frog. ``Take'' is defined under the ESA 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 ESA, we may
issue permits to authorize incidental take of listed species.
Incidental take is take that is incidental to, and not the purpose of,
carrying out of an otherwise lawful activity. Issuance of an ITP also
must not jeopardize the existence of federally listed fish, wildlife,
or plant species, pursuant to section 7 of the ESA and 50 CFR 402.02.
The permittee would receive assurances under our ``No Surprises''
regulations (50 CFR 17.22(b)(5)).
Applicants' Proposed Activities
The applicants have applied for a 10-year-term permit for
incidental take of the California tiger salamander and the California
red-legged frog. The take would occur in association with the
construction of a single-family home and associated activities, such as
vegetation removal, site grubbing, and grading for proposed
development. The proposed development, including the home,
infrastructure, driveway improvements, utility expansions, detached
underground guest suite, underground garage and utility room, an
equipment room, retaining wall and patios, and all associated
disturbance areas, would be sited on approximately 2.39 acres (ac) of
the 265-ac property. Approximately 2.60 ac would be temporarily
impacted and would be restored to pre-construction conditions. To
mitigate the effects of permanent impacts and the taking of California
tiger salamander and the California red-legged frog, the applicants
propose to purchase 9.56 ac of credits at the Sparling Ranch
Conservation Bank in Santa Clara and San Benito Counties.
The HCP includes avoidance and minimization measures for the
California tiger salamander and the California red-legged frog and
mitigation for unavoidable loss of habitat. The applicants'
conservation strategy includes an on-site re-vegetation plan to restore
temporarily impacted habitat suitable for California tiger salamanders
and California red-legged frogs through removal of nonnative plants,
planting and seeding of locally occurring native grassland species, and
a monitoring program that describes monitoring efforts and contingency
plans if success criteria are not met.
Public Comments
If you wish to comment on the draft HCP and low-effect ITP
screening form, you may submit comments by one of the methods in
ADDRESSES.
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 ESA (16 U.S.C. 1531
et seq.) and NEPA regulations (40 CFR 1506.6).
Stephen Henry,
Field Supervisor, Ventura Fish and Wildlife Office, Ventura,
California.
[FR Doc. 2022-11227 Filed 5-24-22; 8:45 am]
BILLING CODE 4333-15-P
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