[Federal Register Volume 76, Number 56 (Wednesday, March 23, 2011)]
[Notices]
[Pages 16440-16442]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-6820]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R8-ES-2011-N005; 1112-0000-81440-F2]
Endangered and Threatened Wildlife and Plants; Permits, Town of
Apple Valley, San Bernardino County, CA; Notice of Intent
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of intent; announcement of a public scoping meeting;
request for comments.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), intend to
prepare either an Environmental Impact Statement (EIS) or an
Environmental Assessment (EA) under the National Environmental Policy
Act (NEPA) regarding an expected application from the Town of Apple
Valley, CA, for an incidental take permit (ITP) under the Endangered
Species Act of 1973 (Act), as amended. The decision to prepare an EIS
or EA will be, in part, contingent upon the complexity of issues
identified during and following the scoping phase of the NEPA process.
We are furnishing this notice to announce the initiation of a public
scoping period, during which we invite other agencies, Tribes, and the
public to submit written comments providing suggestions and information
on the scope of issues and alternatives to be addressed in the EIS or
EA.
DATES: Please send written comments on or before April 22, 2011. We
will hold a public scoping meeting Thursday, April 7, from 5:30 p.m. to
7:30 p.m. For the public meeting address, see ``Meeting,'' below.
ADDRESSES: Comments: Send your comments to Diane Noda, Field
Supervisor, Ventura Fish and Wildlife Office, U.S. Fish and Wildlife
Service, 2493 Portola Road, Suite B, Ventura, CA 93003. You may
alternatively send comments by facsimile to (805) 644-3958.
Meeting: We will hold a public meeting in the Town Hall Council
Chambers, 14955 Dale Evans Parkway, Apple Valley, CA 92307.
FOR FURTHER INFORMATION CONTACT: Jen Lechuga, HCP Coordinator (see
ADDRESSES), telephone: (805) 644-1766, extension 224.
SUPPLEMENTARY INFORMATION:
Reasonable Accommodations
Persons needing reasonable accommodations in order to attend and
participate in the public meeting should contact the Service at the
address above
[[Page 16441]]
no later than 1 week before the public meeting. Information regarding
this proposed action is available in alternative formats upon request.
Background
In accordance with section 10(a)(2)(A) of the Endangered Species
Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.), the Town of
Apple Valley, CA (Town) is preparing a MSHCP in support of an
application for a permit from the Service to incidentally take listed
species. Section 9 of the Act (16 U.S.C. 1538) and the implementing
regulations prohibit the take of animal species listed as endangered or
threatened. The term ``take'' is defined under the ESA (16 U.S.C. 1532)
as to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or
collect or attempt to engage in such conduct. ``Harm'' is defined by
Service regulation (50 CFR 17.3) to include significant habitat
modification or degradation where it actually kills or injures wildlife
by significantly impairing essential behavior patterns, including
breeding, feeding, or sheltering. For certain circumstances, under
Section 10(a)(1)(B) of the ESA we may issue permits to authorize
``incidental take'' of listed species. ``Incidental take'' is defined
by the ESA as take that is incidental to, and not the purpose of, carry
out an otherwise lawful activity. Regulations governing permits for
threatened and endangered species are found in the Code of Federal
Regulations at 50 CFR 17.32 and 50 CFR 17. 22, respectively. If the
permit is issued, the Town would receive assurances for all species
included on the incidental take permit under the Service's ``No
Surprises'' regulations (50 CFR 17.22 (b)(5) and 17.32 (b)(5)).
Section 10 of the ESA specifies the requirements for the issuance
of incidental take permits to non-Federal entities. Any proposed take
must be incidental to otherwise lawful activities and cannot
appreciably reduce the likelihood of the survival and recovery of the
species in the wild. The impacts of such take must also be minimized
and mitigated to the maximum extent practicable. To obtain an
incidental take permit, an applicant must prepare a habitat
conservation plan describing the impact that would likely result from
the proposed taking, the measures for minimizing and mitigating the
take, the funding available to implement such measures, alternatives to
the taking, and the reason why such alternatives are not be
implemented.
The Applicant is requesting a renewable 30-year permit to
incidentally take listed species as a potential result of urban and
rural development on approximately 60,500 to 65,300 acres within the
Town and its sphere of influence (SOI) (i.e., the probable extent of
the physical boundaries and service area of a local governmental
agency), which totals approximately 170,000 acres. Of the areas
affected, approximately 23,000 to 27,800 acres of development would
occur within the Town under the Applicant's General Plan, and
approximately 37,500 acres of development would occur within the Town's
SOI under San Bernardino County's General Plan. The General Plans are
State-mandated plans; each provides a statement of development
policies, including diagrams and text that set forth objectives,
standards, and plan proposals.
Proposed covered activities would include low-density development
(one home per 5 or more acres); mixed-use development (integrating
residential, retail, and commercial uses); and industrial development;
as well as development of public facilities, mineral resources, street
rights of way, and open spaces. The proposed land uses provide for the
development of approximately 60,900 housing units within the Town and
approximately 21,500 housing units within the SOI, for a total of
approximately 82,000 housing units. Potential development also
includes: approximately 51.7 and 5.5 million square feet of commercial
space in the Town and SOI, respectively; and approximately 58.6 and
53.9 million square feet of industrial space in the Town and SOI,
respectively. Covered activities would also include the operation and
maintenance of all existing public facilities (approximately 3,200
acres of the ground-disturbance total); all capital improvements of
existing and future facilities and roads; construction of new public
facilities (approximately 1,400 acres of the ground-disturbance total);
and construction, operation, and maintenance of renewable energy
projects, including solar energy projects covering up to 5,000 acres,
and small-scale wind energy projects.
At present, the applicant is proposing to address seven State and/
or Federally listed species and one sensitive species in the MSHCP for
coverage under the ITP (See Table 1, below). The list of species
proposed to be covered in the MSHCP may be modified to include
additional threatened or endangered species, and species that may
become listed as endangered or threatened during the life of the permit
that occur within the project area and may be affected by the covered
activities.
The proposed MSHCP will identify actions necessary to conserve the
covered species. The proposed minimization measures include incentives
for infill development in previously developed/disturbed areas, and
measures to control predators of covered species that include reducing
access to residential and commercial waste. Proposed mitigation would
conserve approximately 75,000 acres of public and private lands through
various mechanisms, including purchase of land in fee title and
establishment of permanent conservation easements. The Applicant also
is considering establishing a non-wasting endowment (where the
conservation actions are funded by the interest earned, not the
principal) to fund conservation actions on conserved lands in the
Desert Wildlife Management Areas.
Table 1--Species Proposed for Inclusion in the Town of Apple Valley's MSHCP
----------------------------------------------------------------------------------------------------------------
Common name Scientific name Federal status State status
----------------------------------------------------------------------------------------------------------------
Birds
----------------------------------------------------------------------------------------------------------------
Burrowing owl................ Athene cunicularia... None........... State Species of Concern (SSC).
Least Bell's vireo........... Vireo bellii pusillus Endangered..... Endangered.
Southwestern willow Empidonax traillii Endangered..... Endangered.
flycatcher. extimus.
Swainson's hawk.............. Buteo swainsoni...... None........... Threatened.
Western yellow-billed cuckoo. Coccyzus americanus Candidate...... Endangered.
occidentalis.
----------------------------------------------------------------------------------------------------------------
Mammals
----------------------------------------------------------------------------------------------------------------
Mohave ground squirrel....... Xerospermophilus Under Review... Threatened.
mohavensis.
[[Page 16442]]
Reptiles
----------------------------------------------------------------------------------------------------------------
Desert tortoise.............. Gopherus agassizii... Threatened..... Threatened.
----------------------------------------------------------------------------------------------------------------
Fish
----------------------------------------------------------------------------------------------------------------
Mohave tui chub.............. Siphatales bicolor Endangered..... Endangered.
mohavensis.
----------------------------------------------------------------------------------------------------------------
The Applicant, in cooperation with the California Department of
Fish and Game (CDFG) and the Service, will develop the MSHCP such that
it also meets the State's requirements for a Natural Community
Conservation Plan (NCCP). The Applicant will likewise serve as the lead
agency for the Environmental Impact Report (EIR), pursuant to Section
15168 of the California Environmental Quality Act (CEQA) Guidelines.
Compliance with NEPA and CEQA may be done concurrently in a joint EIS/
EIR or EA/Negative Declaration.
Environmental Impact Statement or Environmental Assessment
The EIS or EA will consider the proposed action (issuance of an ITP
based on the MSHCP), a no-action alternative (a scenario where there
would be no issuance of an ITP and no take of listed species), and a
reasonable range of alternatives that fit within the purpose and need
of the Service. The general purpose and need of the Service for the
proposed action is to respond to an ITP application and to protect,
conserve, and enhance fish and wildlife and their habitats for the
continuing benefit of the people of California and the United States. A
detailed description of the proposed action and alternatives will be
included in the EIS or EA. The alternatives for analysis in the
document may include, but not be limited to, variations in the covered
activities and the footprint of development within the 170,000-acre
planning area. It will also identify potentially significant impacts on
biological resources, land use, air quality, cultural resources, water
resources, socioeconomics, and other resources in the human environment
that may occur directly, indirectly, and/or cumulatively as a result of
implementing the proposed action or any of the alternatives. Various
strategies for avoiding, minimizing, and mitigating the impacts of
incidental take also will be considered.
The Service is furnishing this notice in accordance with 40 CFR
1501.7 and 1508.22 to obtain suggestions and information from other
agencies and the public on the scope of issues and alternatives they
believe need to be addressed in the EIS or EA. The primary purpose of
the scoping process is to identify important issues raised by the
public related to the proposed action. Written comments from interested
parties are requested to ensure that the full range of issues related
to the proposed action is identified. Comments will only be accepted in
written form.
Request for Public Comments
We seek comments concerning (i) The eight species proposed for
inclusion in the applicant's proposed multispecies habitat conservation
plan (MSHCP), including information regarding their ranges,
distribution areas, population sizes and population trends; (ii)
relevant data concerning the impacts of the proposed development on
these species; (iii) any other environmental issues that should be
considered with regard to the proposed development and permit action;
and (iv) the range of alternatives to be included in the EIS or EA.
Public Comments
Please direct any comments to the Service contact listed above in
the ADDRESSES section, and any questions to the Service contact listed
in the FOR FURTHER INFORMATION CONTACT section. All comments and
materials we receive, including names and addresses, will become part
of the administrative record and may be released to the public. 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.
Authority
We provide this notice under section 10(c) of the Act (16 U.S.C.
1531 et seq.) and NEPA regulations (40 CFR 1506.6).
Dated: March 17, 2011.
Alexandra Pitts,
Deputy Regional Director, Pacific Southwest Region,Sacramento, CA.
[FR Doc. 2011-6820 Filed 3-22-11; 8:45 am]
BILLING CODE 4310-55-P