[Federal Register: March 4, 2010 (Volume 75, Number 42)]
[Notices]
[Page 9921-9923]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04mr10-99]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R8-ES-2010-N027; 80221-1112-0000-F2]
San Diego County Water Authority Natural Communities Conservation
Program/Habitat Conservation Plan, San Diego and Riverside Counties, CA
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability of draft environmental impact report/
environmental impact statement, receipt of incidental take permit
application, and notice of public meetings.
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SUMMARY: The San Diego County Water Authority (Water Authority/
Applicant) has applied to us, the U.S. Fish and Wildlife Service
(Service), for an incidental take permit under the Endangered Species
Act of 1973, as amended (Act). The Applicant is requesting a permit to
incidentally take 37 animal species and seeking assurances for 27 plant
species (including 19 Federally listed species) during the term of the
proposed 55-year permit. The permit is needed to authorize take of
listed animal species due to construction, operations, and maintenance
activities in the approximately 992,000-acre (401,450-hectare) Plan
Area in western San Diego County and south-central Riverside County,
California. We are requesting public comment on the Draft Water
Authority Natural Communities Conservation Program/Habitat Conservation
Plan (NCCP/HCP), Draft Implementing Agreement, and Draft
[[Page 9922]]
Environmental Impact Report/Environmental Impact Statement (EIR/EIS).
We have prepared the Draft EIS, which is the Federal portion of the
Draft EIR/EIS, to analyze the impacts of issuing an incidental take
permit based on the Water Authority's proposed NCCP/HCP. The Draft EIR
portion of the joint document was prepared by the Water Authority in
compliance with the California Environmental Quality Act. The analyses
provided in the Draft EIR/EIS are intended to inform the public of the
proposed action (i.e., permit issuance), alternatives, and associated
impacts; address public comments received during the scoping period for
the Draft EIR/EIS; disclose the direct, indirect, and cumulative
environmental effects of the proposed action and each of the
alternatives; and indicate any irreversible commitment of resources
that would result from implementation of the proposed action.
DATES: Please send written comments on or before June 2, 2010.
Two public meetings have been scheduled for the EIR, and we will
accept comments for the EIS at these meetings. These public meetings
will be held on the following dates:
1. March 17, 2010, 7 p.m. to 9 p.m., Escondido, CA.
2. March 18, 2010, 7 p.m. to 9 p.m., San Diego CA.
ADDRESSES: Please send written comments to Mr. Jim Bartel, Field
Supervisor, U.S. Fish and Wildlife Service, Carlsbad Fish and Wildlife
Office, 6010 Hidden Valley Road, Suite 101, Carlsbad, CA 92011. You may
also submit comments by facsimile to (760) 431-5902.
Information and comments related specifically to the draft EIR and
the California Environmental Quality Act should be submitted to Mr.
Bill Tippets, San Diego County Water Authority, 4677 Overland Avenue,
San Diego, CA 92123.
The public meeting locations are:
1. Escondido: Escondido City Hall, Mitchell Room, 201 North
Broadway, Escondido, CA 92025.
2. Kearney Mesa: San Diego County Water Authority, 4677 Overland
Avenue, San Diego, CA 92123.
FOR FURTHER INFORMATION CONTACT: Ms. Karen A. Goebel, Assistant Field
Supervisor, at the Carlsbad Fish and Wildlife Office address above;
telephone (760) 431-9440.
SUPPLEMENTARY INFORMATION:
Availability of Documents
Documents available for public review include the Water Authority's
permit application, the Public Review Draft NCCP/HCP and Appendices,
the accompanying Draft Implementing Agreement, and the Draft EIR/EIS.
For copies of the documents, please contact the Service by
telephone at (760) 431-9440, or by letter to the Carlsbad Fish and
Wildlife Office (see FOR FURTHER INFORMATION CONTACT). Copies of the
Draft Water Authority NCCP/HCP, Draft EIR/EIS, and Draft Implementing
Agreement also are available for public review, by appointment, during
regular business hours, at the Carlsbad Fish and Wildlife Office or at
the San Diego County Water Authority Office (4677 Overland Avenue, San
Diego, California 92123). Copies are also available for viewing in
select San Diego County and Riverside County public libraries (listed
below) and at the Water Authority's Web site: http://www.sdcwa.org/.
1. Carlsbad Public Library--Reference Desk. 1775 Dove Lane,
Carlsbad, CA 92009.
2. Chula Vista Public Library--Reference Desk. 365 F Street, Chula
Vista, CA 91910.
3. Escondido Public Library--Reference Desk. 239 S. Kalmia Street,
Escondido, CA 92025.
4. Lakeside Public Library--Reference Desk. 9839 Vine Street,
Lakeside, CA 92040.
5. Mission Valley Branch Library--Reference Desk. 2123 Fento
Parkway, San Diego, CA 92108.
6. San Diego Public Library--Reference Desk. 820 E Street, San
Diego, CA 92101.
7. Temecula Public Library--Reference Desk. 30600 Pauba Road,
Temecula, CA 92592.
Background
Section 9 of the Endangered Species Act of 1973, as amended (Act;
16 U.S.C. 1531 et seq.), and Federal regulations prohibit the ``take''
of fish and wildlife species Federally listed as endangered or
threatened. Take of Federally listed fish or wildlife is defined under
the Act as to harass, harm, pursue, hunt, shoot, wound, kill, trap,
capture, or collect listed species, or attempt to engage in such
conduct (16 U.S.C. 1538). ``Harm'' includes significant habitat
modification or degradation that actually kills or injures listed
wildlife by significantly impairing essential behavioral patterns,
including breeding, feeding, and sheltering (50 CFR 17.3(c)). Under
limited circumstances, we may issue permits to authorize incidental
take, which is defined under the Act as take that is incidental to, and
not the purpose of, otherwise lawful activities. Although take of plant
species is not prohibited under the Act, and therefore cannot be
authorized under an incidental take permit, plant species are proposed
to be included on the permit in recognition of the conservation
benefits provided to them under the NCCP/HCP. Regulations governing
incidental take permits for threatened and endangered species are found
in 50 CFR 17.32 and 17.22, respectively. All species included on the
incidental take permit, if issued, would receive assurances under the
Service's ``No Surprises'' regulation (50 CFR 17.22(b)(5) and
17.32(b)(5)).
The Applicant seeks incidental take authorization for 37 animal
species and assurances for 27 plant species. Collectively the 64 listed
and unlisted species are referred to as ``Covered Species'' by the
NCCP/HCP and include 27 plant species (6 endangered, 5 threatened, and
16 unlisted); 5 invertebrate species (3 endangered and 2 unlisted); 2
amphibian species (1 endangered and 1 unlisted); 9 reptile species (all
unlisted); 13 bird species (2 endangered, 1 threatened, and 10
unlisted); and 8 mammal species (1 endangered and 7 unlisted). The
permit would provide take authorization for all animal species and
assurances for all plant species identified by the NCCP/HCP as
``Covered Species.'' Take authorized for listed covered animal species
would be effective upon permit issuance. For currently unlisted covered
animal species, take authorization would become effective concurrent
with listing, should the species be listed under the Act during the
permit term.
The proposed permit would include the following eight Federally
listed animal species: Stephens' kangaroo rat (Dipodomys stephensi;
endangered), least Bell's vireo (Vireo bellii pusillus; endangered),
coastal California gnatcatcher (Polioptila californica californica;
threatented), southwestern willow flycatcher (Empidonax traillii
extimus; endangered), arroyo toad (Anaxyrus (=Bufo) californicus;
endangered), Quino checkerspot butterfly (Euphydryas editha quino;
endangered), Riverside fairy shrimp (Streptocephalus woottoni;
endangered), and San Diego fairy shrimp (Branchinecta sandiegoensis;
endangered). The proposed permit would include assurances for the
following 11 Federally listed plant species: Encinitas baccharis
(Baccharis vanessae; threatened), Munz's onion (Allium munzii;
endangered), Otay mesa mint (Pogogyne nudiuscula; endangered), Otay
tarplant (Deinandra conjugens; threatened), San Diego ambrosia
(Ambrosia pumila; endangered), San Diego button-celery (Eryngium
aristulatum var. parishii;
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endangered), San Diego mesa mint (Pogogyne abramsii; endangered), San
Diego thorn-mint (Acanthomintha ilicifolia; threatened), spreading
navarretia (Navarretia fossalis; threatened), thread-leaved brodiaea
(Brodiaea filifolia; threatened), and willowy monardella (Monardella
viminea; endangered). See the Draft EIR/EIS and NCCP/HCP for
information on unlisted species proposed for coverage under the permit.
The Draft Water Authority NCCP/HCP is intended to protect and
sustain viable populations of native plant and animal species and their
habitats in perpetuity through avoidance, minimization, and mitigation
measures, including purchase of lands for permanent conservation and
use of mitigation credits in mitigation banks previously established to
address mitigation requirements associated with the proposed NCCP/HCP.
The proposed NCCP/HCP and permit would accommodate the Water
Authority's ongoing operations and maintenance requirements, future
facility upgrades, and construction of new facilities that are needed
to maintain a safe, reliable water source to its member agencies and
the San Diego region.
The Water Authority's NCCP/HCP Plan Area encompasses approximately
992,000 acres (401,450 hectares) in western San Diego County and the
vicinity of Lake Skinner in south-central Riverside County. The NCCP/
HCP is intended to function independently of other HCPs within the San
Diego region (e.g., San Diego Multiple Species Conservation Plan [MSCP]
and its associated subarea plans, and Western Riverside County's
Multiple Species Habitat Conservation Plan [MSHCP]).
As described in the Draft NCCP/HCP and the Draft EIR/EIS, the
proposed NCCP/HCP would provide protection measures for species on
Water Authority property and easements, in part by using available
mitigation credits from mitigation banks previously established or in
planning by the Water Authority as habitat management areas (HMAs).
Covered activities, including planned and future projects, are
estimated to impact up to 373 acres (151 hectares) of habitat for
Covered Species that will require mitigation over the 55-year term of
the Permit. When on-site mitigation for permanent impacts is not
feasible, available mitigation credits would be debited from HMAs in
accordance with in-kind mitigation ratios identified in the NCCP/HCP.
The Water Authority has established five HMAs (including three upland
properties and two wetland creation properties) totaling 1,920 acres
(775 hectares) and has set up endowments for long-term management of
these areas. Of these acres, approximately 700 acres (283 hectares)
would be available as credits to mitigate for project impacts to
Covered Species. Costs associated with the NCCP/HCP would be funded as
a capital cost under the Water Authority Capital Improvement Program's
(CIP) Mitigation Program or within individually approved CIP project
budgets, and/or the annual operating budget of the Water Authority's
Water Resources Department. The Water Authority estimates its long-term
financial needs based on the CIP and has adopted a 2-year budget cycle
to address short-term funding and expenditures. Also, contingency
measures have been identified should the Water Authority's costs to
implement, monitor, and report on the NCCP/HCP's measures exceed the
budgeted amount. The Water Authority maintains a diverse revenue base
and consistently evaluates existing and potential revenue sources to
ensure that funding of all Water Authority projects is adequate.
The NCCP/HCP includes measures to avoid and minimize incidental
take of the Covered Species, emphasizing project design modifications
to protect Covered Species and their habitats. A monitoring and
reporting plan would gauge the Plan's success based on achievement of
biological goals and objectives and would ensure that conservation
keeps pace with development. The NCCP/HCP also includes a management
program, including adaptive management, which allows for changes in the
conservation program if the biological species objectives are not met,
or new information becomes available to improve the efficacy of the
NCCP/HCP's conservation strategy.
Covered Activities would include developing new water transmission,
storage, and flow management facilities, in addition to conducting
operation and maintenance activities. These Covered Activities fall
under five categories, including:
(1) Construction of Capital Improvement Program Facilities;
(2) Operation and Maintenance Activities;
(3) Right-of-Way Activities;
(4) Urgent Repair Procedures; and
(5) Emergency Repair Procedures.
National Environmental Policy Act Compliance
The Draft EIR/EIS analyzes three alternatives in addition to the
proposed action (i.e., permit issuance based on the Draft Water
Authority NCCP/HCP) described above. The other alternatives include a
no-action (i.e., no permit) alternative, a larger species list
alternative, and a reduced plan area alternative. Two other
alternatives were considered during the planning process, but were not
evaluated in the Draft EIS, because neither met the purpose and need of
both the Water Authority and the Service; these alternatives involved a
no-take alternative and an alternative requiring the Water Authority to
participate in other existing regional HCPs.
Public Comments
The Service and Water Authority invite the public to comment on the
Draft NCCP/HCP, Draft Implementing Agreement, and Draft EIR/EIS during
a 90-day public comment period beginning the date of this notice.
Please direct comments to the Service contact listed in the ADDRESSES
section, and any questions to the Service contact listed in the FOR
FURTHER INFORMATION CONTACT section. Before including your address,
phone number, e-mail 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 review, we cannot
guarantee that we will be able to do so.
Reasonable Accommodation
The public meetings are physically accessible to people with
disabilities. Please make requests for specific accommodations to Bill
Tippetts, San Diego County Water Authority, at (858) 522-6784, at least
5 working days prior to the meeting date.
This notice is provided under section 10(a) of the Act and Service
regulations for implementing the National Environmental Policy Act of
1969 (40 CFR 1506.6). We will evaluate the application, associated
documents, and comments submitted thereon to prepare a Final EIS. A
permit decision will be made no sooner than 30 days after the
publication of the Final EIS and completion of the Record of Decision.
Alexandra Pitts,
Acting Deputy Regional Director, Pacific Southwest Region, Sacramento,
California.
[FR Doc. 2010-4468 Filed 3-3-10; 8:45 am]
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