42358 Federal Register / Vol. 82, No. 172 / Thursday, September 7, 2017 / Notices DEPARTMENT OF THE INTERIOR the replacement of a water storage tank (ITP) to address take of the Mount and infrastructure on the San Lorenzo Hermon June beetle and Zayante band- Fish and Wildlife Service Valley Water District’s easement at 3650 winged grasshopper that is likely to [FWS–R8–ES–2017–N040; Graham Hill Road, (APN: 061–371–16), occur as the result of direct impacts on FXES11130800000–178–FF08EVEN00] Felton, Santa Cruz County, California. up to 0.432-acre (ac) (18,800 square feet We invite comments from the public on (sf)) of sandhills habitat occupied by the Low-Effect Habitat Conservation Plan the application package, which includes species. Take would be associated with for the San Lorenzo Valley Water a low-effect habitat conservation plan. the replacement of an existing water District’s Probation Tank Replacement This proposed action has been storage tank and infrastructure on an Project in Felton, Santa Cruz County, determined to be eligible for a existing parcel legally described as California categorical exclusion under the National Assessor Parcel Number: 061–371–16. Environmental Policy Act of 1969 The current site address is 3650 Graham AGENCY: Fish and Wildlife Service, (NEPA), as amended. Hill Road in Felton, Santa Cruz County, Interior. California. The applicant is requesting a Background ACTION: Notice of availability; request permit for take of Mount Hermon June for comment. The U.S. Fish and Wildlife Service beetle and Zayante band-winged (Service) listed the Mount Hermon June grasshopper that would result from SUMMARY: We, the U.S. Fish and beetle and Zayante band-winged ‘‘covered activities’’ that are related to Wildlife Service, have received an grasshopper as endangered on January replacement of the existing water tank. application from the San Lorenzo Valley 24, 1997 (62 FR 3616). Section 9 of the The HCP’s conservation strategy also Water District for a 20-year incidental Act (16 U.S.C. 1531 et seq.) and its addresses potential impacts to the take permit under the Endangered implementing regulations prohibit the federally endangered Ben Lomond Species Act of 1973, as amended (Act). take of fish or wildlife species listed as spineflower (Chorizanthe pungens var. The application addresses the potential endangered or threatened. ‘‘Take’’ is pungens) and Ben Lomond wallflower for ‘‘take’’ of the federally endangered defined under the Act to include the (Erysimum teretifolium), which are Mount Hermon June beetle and Zayante following activities: ‘‘to harass, harm, known to occur at the proposed project band-winged grasshopper that is likely pursue, hunt, shoot, wound, kill, trap, site or within the proposed conservation to occur incidental to the replacement of capture, or collect, or to attempt to easement area. The applicant’s a water storage tank and infrastructure engage in any such conduct’’ (16 U.S.C. conservation strategy, in part, proposes at the existing water storage tank site in 1532); however, under section the dedication of a conservation Felton, Santa Cruz County, California. 10(a)(1)(B) of the Act, we may issue easement on 6.7 ac of habitat that We invite comments from the public on permits to authorize incidental take of contains habitat for all four of the the application package, which includes listed species. The Act defines species addressed in the HCP. A 20-year a low-effect habitat conservation plan. ‘‘Incidental Take’’ as take that is not the incidental take permit is requested to DATES: To ensure consideration, please purpose of carrying out of an otherwise authorize take that would occur send your written comments by October lawful activity. Regulations governing incidental to the water storage tank 10, 2017. incidental take permits for threatened replacement project, and also to cover ADDRESSES: You may download a copy and endangered species are provided at potential short-term impacts to all four of the habitat conservation plan, draft 50 CFR 17.32 and 17.22, respectively. species within the conservation environmental action statement and Issuance of an incidental take permit easement area as a result of habitat low-effect screening form, and related must not jeopardize the existence of enhancement. documents on the Internet at http:// federally listed fish, wildlife, or plant The applicant proposes to avoid, www.fws.gov/ventura/, or you may species. minimize, and mitigate impacts to the request copies of the documents by U.S. Take of listed plants is not prohibited Mount Hermon June beetle, Zayante mail to our Ventura office or by phone under the Act unless such take would band-winged grasshopper, Ben Lomond (see FOR FURTHER INFORMATION CONTACT). violate State law. As such, take of plants wallflower, and Ben Lomond Please address written comments to cannot be authorized under an spineflower associated with the covered Stephen P. Henry, Field Supervisor, incidental take permit. Plant species activities by fully implementing the Ventura Fish and Wildlife Office, U.S. may be included on a permit in HCP. The following measures will be Fish and Wildlife Service, 2493 Portola recognition of the conservation benefits implemented: (1) Temporary fencing Road, Suite B, Ventura, CA 93003. You provided them under a habitat and signs will be installed to clearly may alternatively send comments by conservation plan. All species, delineate the boundaries of the project; facsimile to (805) 644–3958. including plants, covered by the (2) if construction occurs during the incidental take permit receive flight season (considered to be between FOR FURTHER INFORMATION CONTACT: assurances under our ‘‘No Surprises’’ May and August, annually), exposed Chad Mitcham, Fish and Wildlife regulations (50 CFR 17.22(b)(5) and soils will be covered with erosion Biologist, by U.S. mail to the Ventura 17.32(b)(5)). In addition to meeting control fabric or other impervious office, or by telephone at (831) 768– other specific criteria, actions materials to prevent any dispersing 7794. undertaken through implementation of Mount Hermon June beetles from SUPPLEMENTARY INFORMATION: We have the habitat conservation plan (HCP) burrowing into exposed soil at the received an application from the San must not jeopardize the continued construction site; (3) employment of a Lorenzo Valley Water District for a 20- existence of federally listed animal or Service-approved entomologist to year incidental take permit under the plant species. capture and relocate into suitable Act. The application addresses the habitat and out of harm’s way any potential for ‘‘take’’ of the federally Applicant’s Proposal Mount Hermon June beetle unearthed or endangered Mount Hermon June beetle The San Lorenzo Valley Water District observed during construction activities; (Polyphylla barbata) and Zayante band- (hereafter, the applicant) has submitted (4) employment of a Service-approved winged grasshopper (Trimerotropis a low-effect HCP in support of their biologist to ensure Zayante band-winged infantilis) likely to occur incidental to application for an incidental take permit grasshoppers disperse from the VerDate Sep<11>2014 17:42 Sep 06, 2017 Jkt 241001 PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 E:\FR\FM\07SEN1.SGM 07SEN1 mstockstill on DSK30JT082PROD with NOTICES Federal Register / Vol. 82, No. 172 / Thursday, September 7, 2017 / Notices 42359 proposed project area prior to ground Hermon June beetle, Zayante band- internal Service consultation, in disturbing activities; (5) collecting seed winged grasshopper, Ben Lomond combination with the above findings, in of the Ben Lomond spineflower within spineflower, and Ben Lomond our final analysis to determine whether the project area prior to the initiation of wallflower, and that the plan qualifies to issue the permits. If the requirements ground disturbing activities, so that the as a low-effect HCP as defined by our are met, we will issue an ITP to the seeds can be used in the post- Habitat Conservation Planning applicant for the incidental take of construction restoration of temporarily- Handbook. We base our determinations Mount Hermon June beetle and Zayante disturbed areas; and (6) permanently on three criteria: (1) Implementation of band-winged grasshopper. We will protect habitat for the Mount Hermon the proposed project as described in the make the final permit decision no June beetle, Zayante band-winged HCP would result in minor or negligible sooner than 30 days after the date of this grasshopper, Ben Lomond spineflower, effects on federally listed, proposed, notice. and Ben Lomond wallflower to mitigate and/or candidate species and their for habitat impacts through the habitats; (2) implementation of the HCP Public Comments permanent protection of 0.995-ac of would result in minor or negligible If you wish to comment on the permit high quality habitat within the proposed effects on other environmental values or applications, plans, and associated 6.7-ac conservation easement; or, the resources; and (3) HCP impacts, documents, you may submit comments purchase of 0.813-ac of conservation considered together with those of other by any one of the methods in credits at the Zayante Sandhills past, present, and reasonably ADDRESSES. Conservation Bank. The applicant will foreseeable future projects, would not Public Availability of Comments fund up to $346,064 to ensure result in cumulatively significant implementation of all minimization effects. In our analysis of these criteria, Before including your address, phone measures, monitoring, and reporting we have made a preliminary number, email address, or other requirements identified in the HCP. determination that the approval of the personal identifying information in your In the proposed HCP, the applicant HCP and issuance of an ITP qualify for comment, you should be aware that considers two alternatives to the categorical exclusion under NEPA (42 your entire comment—including your proposed action: ‘‘No Action’’ and U.S.C. 4321 et seq.), as provided by the personal identifying information—may ‘‘Redesign Project.’’ Under the ‘‘No Department of the Interior be made publicly available at any time.