Fish and Wildlife Service, Interior.
Notice of intent; notice of public scoping meeting; request for comments.
We, the U.S. Fish and Wildlife Service, intend to prepare either an Environmental Assessment (EA) or an Environmental Impact Statement (EIS) under the National Environmental Policy Act, as amended (NEPA), for the proposed Los Osos Community-wide Habitat Conservation Plan (LOHCP or plan). The LOHCP is being prepared by the County of San Luis Obispo (County or applicant) in support of its application for an incidental take permit under the Endangered Species Act of 1973, as amended (Act). The decision to prepare an EA or EIS will be, in part, contingent on the complexity of issues identified during, and following, the scoping phase of the NEPA process. The proposed permit would authorize the incidental take of threatened and endangered wildlife species that could result from the activities covered under the LOHCP and would include conservation measures to an endangered plant species that would also be covered under the plan. We announce meetings and invite comments from other agencies, Tribes, and the public.
To ensure consideration of any written comments, please send by
To request further information or submit written comments, please use one of the following methods and note that your information request or comment is in reference to the Los Osos Community-wide Habitat Conservation Plan.
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Julie M. Vanderwier, Senior Fish and Wildlife Biologist, or Douglass M. Cooper, Deputy Assistant Field Supervisor, by phone at 805–644–1766 or by U.S. mail at the above address. If you use a telecommunications device for the deaf, please call the Federal Information Relay Service at 800–977–8339.
We, the U.S. Fish and Wildlife Service (Service), publish this notice under the National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321
The LOHCP is a comprehensive plan designed to provide long-term conservation and management of sensitive species and the habitats upon which those species depend within the Los Osos plan area, while accommodating other important land uses.
Section 9 of the Act (16 U.S.C. 1531
Section 10(a)(1)(B) of the Act contains provisions for issuing such ITPs to non-Federal entities for the take of endangered and threatened wildlife species, provided the following criteria are met:
• The taking will be incidental to an otherwise lawful activity;
• The applicant will, to the maximum extent practicable, minimize and mitigate the impact of such taking;
• The applicant will develop a proposed habitat conservation plan (HCP) and ensure that adequate funding for the plan is provided;
• The taking will not appreciably reduce the likelihood of the survival and recovery of the species in the wild; and
• The applicant will carry out any other measures that the Service may deem necessary or appropriate for purposes of implementing the HCP.
Thus, the purpose of the proposed ITP is to authorize the County of San Luis Obispo to incidentally take covered wildlife species associated with development and other covered activities within the Los Osos plan area provided such take is minimized and mitigated through an HCP (the LOHCP) that meets the requirements of the Act. Implementation of an HCP for multiple species can maximize the benefits of conservation measures and eliminate expensive and time-consuming efforts associated with processing of individual species ITPs. The Service expects the County will request a permit term of 25 years.
The LOHCP plan area includes approximately 3,560 acres in the unincorporated community of Los Osos. It is largely coterminous with the Los Osos Urban Reserve Line—the boundary separating suburban and rural land uses in the region, within which land use is guided by the Estero Area Plan. The plan area borders the Morro Bay Estuary to the west, Morro Bay State Park to the north, Los Osos Creek to the east, and Montana de Oro State Park to the south. This area includes suitable habitat for the covered species that is anticipated to be impacted by the activities covered in the LOHCP.
Four main categories of covered activities were identified through the outreach conducted by the County to prepare the LOHCP:
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As the permittee, the County would have the ability to issue certificates of inclusion to confer take coverage to landowners and other entities for covered species and activities.
The LOHCP will include measures necessary to avoid, minimize, and mitigate the effects of the taking for three wildlife species covered by the plan that result from private development, capital projects, facilities operation and maintenance, and implementation of the conservation strategy within plan area. The LOHCP will also include measures to conserve one endangered plant species covered by the plan.
We anticipate that four federally listed species will be included as covered species in the proposed LOHCP: Morro Bay kangaroo rat (
“Take” under the Act does not apply to listed plant species. Consequently, the Act does not prohibit take of listed plant species, and take of listed plant species cannot be authorized under an ITP. The LOCHP proposes to include a listed plant species on the permit in recognition of the conservation benefits provided for them under the LOHCP. Additionally, inclusion of protections for federally listed plant species in an HCP assists us in meeting our regulatory obligations under section 7(a)(2) of the Act.
The applicant would receive assurances under the Service's “No Surprises” regulations found in 50 CFR 17.22(b)(5) and 17.32(b)(5) for all species included on the ITP.
Before deciding whether or not to issue the requested ITP, the Service will prepare a draft NEPA document to analyze the environmental impacts associated with issuance of this permit. In this document, we will consider the following alternatives: (1) The proposed action, which includes the issuance of take authorizations consistent with the proposed LOHCP under section 10(a)(1)(B) of the Act; (2) no-action (no permit issuance); and (3) a reasonable range of alternatives that could include variations in impacts, conservation, permit duration, covered species, covered activities, permit area, or a combination of these elements.
The NEPA document will identify and analyze potentially significant direct, indirect, and cumulative impacts of permit issuance and the implementation of the proposed LOHCP on biological resources, land uses, utilities, air quality, water resources, cultural resources, socioeconomics and environmental justice, recreation, aesthetics, climate change and greenhouse gases, and other environmental issues that could occur with the implementation of each alternative. The Service will also identify measures to avoid or minimize any significant effects of the proposed action on the quality of the human environment.
Following completion of the environmental review, the Service will publish a notice of availability and a request for comment on the draft NEPA document and the applicant's permit application (which will include the proposed LOHCP.)
We request data, comments, new information, and suggestions from the public, other concerned governmental agencies, the scientific community, Tribes, industry, or any other party on this notice. We will consider these comments in developing a draft NEPA document and in the development of the LOCHP and ITP. We particularly seek comments on the following:
1. Biological information concerning the species proposed to be covered in the LOHCP, including information on range, distribution, population sizes, and population trends;
2. Relevant information concerning impacts of proposed covered activities on these species;
3. Information on other current or planned activities in the plan area and their possible impacts on the species;
4. The presence of archaeological sites, buildings and structures, historic events, sacred and traditional areas, and other historic preservation concerns, which must be considered in project planning by the National Historic Preservation Act;
5. A range of alternatives to be included in the NEPA document; and
6. Any other environmental issues that should be considered with regard to the proposed development and permit action.
You may submit your comments and materials by any one of the methods listed in the
Comments and materials we receive, as well as supporting documentation we use in preparing the draft NEPA document, will be available for public inspection by appointment, during normal business hours (Monday through Friday, 8 a.m. to 4 p.m.) at the Service's Ventura address (see
The scoping meeting will be held at the South Bay Community Center, located at 2180 Palisades Avenue, Los Osos, CA; see
Persons needing reasonable accommodation in order to attend and participate in the public meetings should contact Julie M. Vanderwier at 805–664–1766 as soon as possible. In order to allow sufficient time to process requests, a request should be submitted no later than 1 week before the public meetings.
We provide this notice under section 10(c) of the Act (16 U.S.C. 1531