San Luis Valley Regional Habitat Conservation Plan Draft for Public Review
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7.5Permit Enforcement, Suspension, and RevocationEnforcementThe provisions of this HCP are enforceable through the terms and conditions of the permit issued by the Service. The proposed permit terms and conditions are presented in Appendix H. SuspensionThe Service may suspend all or part of the privileges authorized by an ITP, pursuant to the provisions of 50 CFR § 13.27, if the Applicant(s) do not comply with the conditions of the ITP or with any applicable Federal laws or regulations governing the conduct of the permitted/covered activity. Prior to proposing any suspension of a permit implementing this HCP, the Service will meet and confer informally with the Applicant(s) in an effort to resolve any grounds for concern. If these attempts at informal resolution are unsuccessful, the Service will then follow the provisions of 50 CFR § 13.27 prior to making a final decision to suspend the permit. A suspension shall remain in effect until the Service determines the Applicant(s) have corrected the deficiencies. A partial suspension of an ITP may apply to only a specified Applicant(s), or to only a portion of the permit coverage area or permitted/covered activities. In the event of a partial suspension, the portion of the ITP not subject to the suspension shall remain in full force and effect. The ITP of the other Applicants implementing this HCP also shall remain in full force and effect, and shall be unaffected by any such permit suspension procedures. RevocationThe Service shall not revoke the ITP for any reason except those listed in 50 CFR § 13.28(a)(1)-(4), or unless the permitted/covered activities would be inconsistent with the criteria set forth in 16 USC § 1539(a)(2)(B)(iv), and the inconsistency has not been remedied in a timely fashion. Prior to proposing any ITP revocation, the Service will meet and confer informally with the Applicant(s) in an effort to resolve any grounds for concern. If these attempts at informal resolution are unsuccessful, the Service will then follow the provisions of 50 CFR § 13.28 prior to making a final decision to revoke. An ITP will only be revoked if the Service and the Applicant(s) have not been successful in remedying the causes for revocation through other means. A partial revocation of an ITP may apply to only a specified Applicant(s), or to only a portion of the permit coverage area or permitted/covered activities. In the event of a partial revocation, the portion of the ITP not subject to the revocation shall remain in full force and effect. The ITP of the other Applicants implementing this HCP shall also remain in full force and effect and be unaffected by any such revocation. Incidental take coverage and ESA compliance for covered activities that have been conducted pursuant to the implementation and mitigation measures in this HCP shall continue and be unaffected in the event of any subsequent revocation of the ITP. In the event of any such revocation, no additional commitments shall be required by the Applicants unless it is necessary to mitigate for the take of covered species that occurred pursuant to the terms of the ITP before its revocation, as determined by the Service in collaboration with the Applicants.
Withdrawal of ParticipationAt any time during the term of this HCP and ITP, an Applicant may choose to discontinue its participation in this HCP as to: a) one or more of the covered species; b) a portion of the permit coverage area; and/or c) one or more of the permitted/covered activities. Withdrawal or non-participation by one or more of the Applicants will be considered a “changed circumstance” as described in the previous section. ESA compliance for covered activities that have been implemented pursuant to the mitigation measures in this HCP shall continue and be unaffected by any subsequent termination of the HCP provided there are no outstanding mitigation requirements associated with those activities. Withdrawal of one or more of the Counties or local jurisdictions from this HCP will not affect the validity of the HCP as to the other participating entities. Non-waiver of RightsBy participating in this HCP, no Applicant, covered jurisdiction, or landowner shall be deemed to have waived or relinquished any right to challenge the legal, scientific, or technical validity of the Service’s actions or determinations including, but not limited to, the listing status, critical habitat (or related) designations, habitat needs, or conservation and recovery standards applicable to any covered species. The District and Applicants also do not waive their right to take actions to enforce the terms of this HCP, ITP, or intergovernmental agreements including, but not limited to, seeking recovery for damages. 7.6Revisions, Substitutions, and Amendments to the HCPTechnical RevisionsTechnical revisions to this HCP may include corrections of typographic, grammatical, and similar editing errors; correction of any maps or figures to eliminate errors; or other revisions to this HCP that do not diminish the level or means of mitigation, or increase the impacts to the covered species or their habitats. Such technical revisions would not materially alter the terms of the Section 10(a)(1)(B) permit. Upon the written request of the Applicants, the Service will approve technical revisions to this HCP if such revisions do not increase allowable impacts, diminish the level of mitigation, or otherwise conflict with the primary purposes of this HCP. Minor ModificationsMinor modifications to this HCP can be accomplished without amending the associated Section 10(a)(1)(B) permit. The circumstances under which minor modifications to this HCP may be needed include, but are not limited to:
To the extent those and other minor modifications do not adversely affect the covered species in a manner significantly and quantifiably different from that analyzed in this HCP, and associated biological opinion, permit findings, and NEPA documents, the Service shall approve such modifications and no change in the permit shall be required. When the Applicants determine that minor modification to this HCP is required, supporting documentation will be prepared and submitted to the Service. The documentation will include a description of the reason for the minor modification, and an assessment of its environmental effects. The proposed minor modification also will detail any proposed changes to the avoidance, minimization, mitigation, and monitoring measures to ensure that the affected species will be appropriately protected. Within 60 days of the Service’s receipt of the notice of the proposed modification, the Service shall notify the Applicants in writing if it determines the proposal will require an amendment to the permit. Otherwise, the Service shall promptly approve the modification. Minor modifications will be documented in the HCP annual report submitted to the Service. Major Modifications and AmendmentsAll major modifications and amendments to the Section 10(a)(1)(B) permit proposed by the Applicants shall be approved by the Service in accordance with applicable laws and regulatory requirements. A major modification and/or amendment to the permit may require additional ESA Section 7 and/or NEPA analysis and public review. The circumstances under which an amendment to this HCP and ITP may occur include, but are not limited to:
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