Notice2022-22048
Permit Amendment Request; 12 Rancho San Carlos (Ocho West) Project, Monterey County, California
Primary source
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Published
October 11, 2022
Issuing agencies
Interior DepartmentFish and Wildlife Service
Abstract
We, the U.S. Fish and Wildlife Service (Service), have received an application from Andris Upitis (applicant) to amend an incidental take permit pursuant to the Endangered Species Act of 1973, as amended. The permit would continue to authorize take of the central distinct population segment (DPS) of the California tiger salamander and the California red-legged frog, incidental to construction of a single-family residence at 12 Rancho San Carlos (Ocho West). We invite public comment on the amendment request, which includes the applicant's original HCP. In accordance with the requirements of the National Environmental Policy Act, we have prepared a draft low-effect screening form supporting our preliminary determination that the proposed action qualifies for a categorical exclusion under NEPA. To make this determination, we reassessed our environmental action statement and low-effect screening form prepared for the current HCP, and this draft NEPA compliance documentation is also available for public review.
Full Text
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<title>Federal Register, Volume 87 Issue 195 (Tuesday, October 11, 2022)</title>
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[Federal Register Volume 87, Number 195 (Tuesday, October 11, 2022)]
[Notices]
[Pages 61354-61355]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-22048]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R8-ES-2022-0103; FXES11140800000-223-FF08EVEN00]
Permit Amendment Request; 12 Rancho San Carlos (Ocho West)
Project, Monterey County, California
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for public comments.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have
received an application from Andris Upitis (applicant) to amend an
incidental take permit pursuant to the Endangered Species Act of 1973,
as amended. The permit would continue to authorize take of the central
distinct population segment (DPS) of the California tiger salamander
and the California red-legged frog, incidental to construction of a
single-family residence at 12 Rancho San Carlos (Ocho West). We invite
public comment on the amendment request, which includes the applicant's
original HCP. In accordance with the requirements of the National
Environmental Policy Act, we have prepared a draft low-effect screening
form supporting our preliminary determination that the proposed action
qualifies for a categorical exclusion under NEPA. To make this
determination, we reassessed our environmental action statement and
low-effect screening form prepared for the current HCP, and this draft
NEPA compliance documentation is also available for public review.
DATES: Written comments should be received on or before November 10,
2022.
ADDRESSES:
To obtain documents: You may obtain copies of the documents online
in Docket No. FWS-R8-ES-2022-0103 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or
you may request copies of the documents by U.S. mail (below) or by
email (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 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-2022-0103.
<bullet> U.S. mail: Public Comments Processing, Attn: Docket No.
FWS-R8-ES-2022-0103; U.S. Fish and Wildlife Service, MS: PRB/3W, 5275
Leesburg Pike, Falls Church, VA 22041-3803.
FOR FURTHER INFORMATION CONTACT: Rachel Henry, Fish and Wildlife
Biologist, at <a href="/cdn-cgi/l/email-protection#027063616a676e5d6a676c707b426475712c656d74"><span class="__cf_email__" data-cfemail="e092818388858cbf88858e9299a0869793ce878f96">[email protected]</span></a> (by email), or at the Ventura Fish
and Wildlife office (by telephone at 805-644-1766, or by mail; see
ADDRESSES). 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), have received an application from
[[Page 61355]]
Andris Upitis (applicant) to amend their incidental take permit
pursuant to the Endangered Species Act of 1973, as amended (ESA; 16
U.S.C. 1531 et seq.). The permit amendment would authorize increased
take of the federally threatened central distinct population segment
(DPS) of the California tiger salamander (Ambystoma californiense) and
California red-legged frog (Rana draytonii) incidental to otherwise
lawful activities associated with the construction of a single-family
residence at 12 Rancho San Carlos (Ocho West). The applicant requests
to amend their permit to account for increased take resulting from a
modification to water pipeline alignment necessary to connect with the
existing Santa Lucia Preserve Community Services District water system
at a different location than originally proposed. The project described
in the original HCP has not changed, except for the modified location
of the water pipeline connection alignment. The modification will
result in an increase in temporary impacts of 4.8 to 5.2 acres. The
applicant's amendment request includes measures to minimize, avoid, and
mitigate impacts to the central DPS of the California tiger salamander
and California red-legged frog consistent with those proposed in the
original HCP. The Service prepared a draft low-effect screening form
and environmental action statement in accordance with the National
Environmental Policy Act of 1969 (NEPA; 42 U.S.C. 4321 et seq.) to
evaluate the potential effects to the natural and human environment
resulting from issuing an amended ITP to the applicant. We invite
public comment on these documents.
Background
The Service listed the central DPS of the California tiger
salamander as threatened on August 4, 2004 (69 FR 47212). The Service
listed the California red-legged frog as threatened on May 23, 1996 (61
FR 25813), and critical habitat was designated on March 10, 2010 (75 FR
12816). Federal regulation pursuant to section 4(d) of the ESA
prohibits the ``take'' of certain fish or wildlife species listed as
threatened, including the central DPS of the California tiger
salamander and the California red-legged frog, with exceptions for
certain ranching activities on private and Tribal lands as described in
50 CFR 17.43(c)(3)(i)-(xi) and 50 CFR 17.43(d)(3)(i)-(xi). ``Take'' is
defined under the ESA 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 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. Regulations governing incidental take
permits for threatened species are at 50 CFR 17.32. Issuance of an
incidental take permit also must not jeopardize the existence of
federally listed fish, wildlife, or plant species. The original
incidental take permit was first issued for the HCP on September 23,
2021.
Proposed Project Activities
The applicant's amendment request includes measures to minimize,
avoid, and mitigate impacts to the Central DPS of the California tiger
salamander and California red-legged frog consistent with those
proposed in the original HCP through restoration of habitat.
Public Comments
If you wish to comment on the amendment request and categorical
exclusion 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 P. Henry,
Field Supervisor, Ventura Fish and Wildlife Office, Ventura,
California.
[FR Doc. 2022-22048 Filed 10-7-22; 8:45 am]
BILLING CODE 4333-15-P
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