2011 Federal Register, 76 FR 78942; Centralized Library: U.S. Fish and Wildlife Service - Federal Register, Volume 76 Issue 244 (Tuesday, December 20, 2011)

[Federal Register Volume 76, Number 244 (Tuesday, December 20, 2011)]
[Notices]
[Pages 78942-78944]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-32494]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2011-N243; FF08E00000-FXES11120800000F2-112]

Draft Environmental Impact Statement and Proposed Vernal Pool
Habitat Conservation Plan for the City of San Diego, CA

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of intent and announcement of a public meeting; request
for comments.

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SUMMARY: We, the Fish and Wildlife Service (Service), intend to prepare
an environmental impact statement (EIS) under the National
Environmental Policy Act (NEPA) of 1969, as amended, for the proposed
Vernal Pool Habitat Conservation Plan (VPHCP) under development by the
City of San Diego (City). The draft EIS will evaluate the impacts of
several alternatives related to the VPHCP being prepared by the City in
support of the City's anticipated application for an Endangered Species
Act (ESA) permit for incidental take of seven federally listed vernal
pool species, from activities associated with urban development
activities. We also announce plans for a public scoping meeting and the
opening of a public comment period. We request data, comments, new
information, or suggestions from the public, other concerned
governmental agencies, the scientific community, Tribes, industry, or
any other interested party.

DATES: To ensure consideration, please send your written comments by
February 16th, 2012.
For more information, see ``Public Comments'' and ``Reasonable
Accommodation'' under the SUPPLEMENTARY INFORMATION section.

ADDRESSES: 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 City of San Diego Vernal Pool
HCP:
Fax: Attn: Jim Bartel, Field Supervisor, (760) 431-5902.
U.S. Mail: Jim Bartel, Field Supervisor, Carlsbad Fish and
Wildlife Office, U.S. Fish and Wildlife Service, 6010 Hidden Valley
Road, Suite 101, Carlsbad, CA 92011.
In-Person Drop-off: You may drop off comments during
regular business hours at the above address.

FOR FURTHER INFORMATION CONTACT: Karen Goebel, Assistant Field
Supervisor, by phone at (760) 431-9440, or by U.S. mail at the above
address; or Jeanne Krosch, Senior Planner, City of San Diego, by phone
at (619) 236-7225.

SUPPLEMENTARY INFORMATION: We publish this notice under the National
Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 et seq.;
NEPA), and its implementing regulations in the Code of Federal
Regulations (CFR) at 40 CFR 1506.6, as well as in compliance with
section 10(c) of the Endangered Species Act (16 U.S.C. 1531 et seq.;
ESA). We intend to prepare a draft environmental impact statement to
evaluate the impacts of several alternatives related to the potential
issuance of an incidental take permit (ITP) to the City of San Diego,
as well as impacts from implementation of the supporting habitat
conservation plan. The EIS will be a joint document with an
environmental impact report (EIR) prepared by the City under the
California Environmental Quality Act (CEQA).
The City proposes to develop a Vernal Pool HCP as part of their
application for an ITP under section 10(a)(1)(B) of the ESA. The
proposed VPHCP will include measures necessary to minimize and mitigate
the impacts, to the maximum extent practicable, of potential proposed
taking of federally listed species to be covered by the VPHCP, and the
habitats upon which they depend, resulting from residential,
commercial, and other development activities within the proposed plan
area.
In addition to this notice, the City has publicly released a CEQA
notice of preparation for its EIR via State Clearinghouse and local
media. Please see http://www.sandiego.gov/development-services/industry/pdf/infobulletin/ib401.pdf for more information on the CEQA
process.
The proposed VPHCP would establish the structure to integrate
development and vernal pool conservation in the City.
The proposed VPHCP would serve as a multiple-species HCP for the
City in its application for an ITP under section 10(a)(1)(B) of the
ESA. If the application is approved by the Service, the City would
obtain authorization for the incidental take of certain threatened and
endangered animal species (``covered species''). If the Federal permit
is issued, the City could extend the permit authorization to proponents
of development projects under the City's jurisdiction.

Background

Section 9 of the ESA prohibits taking of fish and wildlife species
listed as endangered or threatened under section 4 of the Act. Under
the ESA, the term ``take'' means to harass, harm, pursue, hunt, shoot,
wound, kill, trap, capture, or collect, or to attempt to engage in any
such conduct. The term ``harm'' is defined in the regulations as
including significant habitat modification or degradation that results
in death or injury to listed wildlife species by significantly
impairing essential behavioral patterns, including breeding, feeding,
or sheltering (50 CFR 17.3). The term ``harass'' is defined in the
regulations as to carry out actions that create the likelihood of
injury to listed wildlife by annoying it to such an extent as to
significantly disrupt normal behavioral patterns, which include, but
are not limited to, breeding, feeding, or sheltering (50 CFR 17.3).
However, under specified circumstances, the Service may issue
permits that allow the take of federally listed wildlife species,
provided that the take is incidental to, but not the purpose of, an
otherwise lawful activity. Regulations governing permits for endangered
and threatened wildlife species are 50 CFR 17.22 and 17.32,
respectively. The ESA's take prohibitions do not apply to federally
listed plants. However, other provisions of the Act prohibit the
removal or destruction of plants on non-federal lands in violation of
State law.
Section 10(a)(1)(B) of the ESA contains provisions for issuing
incidental take permits to non-Federal entities for the take of
endangered and threatened wildlife species, provided the following
criteria are met:
1. The taking will be incidental;
2. The applicants will, to the maximum extent practicable, minimize
and mitigate the impact of such taking;
3. The applicants will develop a proposed HCP and ensure that
adequate funding for the plan will be provided;
4. The taking will not appreciably reduce the likelihood of the
survival and recovery of the species in the wild; and
5. The applicants will carry out any other measures that the
Service may require as being necessary or appropriate for the purposes
of the HCP.

[[Page 78943]]

Thus, the purpose of issuing an ITP to the City would be to allow
the City, under its local authority, to authorize development while
conserving the covered species and their habitats. Implementation of a
vernal pool species habitat conservation plan, rather than a species-
by-species or project-by-project approach, is intended to maximize the
benefits of conservation measures for covered species and eliminate
expensive and time-consuming efforts associated with processing
individual ITPs for each project within the City's proposed plan area.
The Service expects that the City will request ITP coverage for a
period of 50 years.

Project Area

The proposed VPHCP Planning Area covers approximately 206,124 acres
of land in the City's jurisdiction, including City-owned lands in the
unincorporated areas of Otay Lakes and Marron Valley, where development
potentially may occur. The proposed VPHCP would cover non-Federal lands
in the Planning Area. To facilitate timely and environmentally
responsible development, the proposed VPHCP may focus on specific areas
for development, such as Otay Mesa, Kearny Mesa, Mira Mesa, and Del Mar
Mesa.

Alternatives in the Draft Environmental Impact Statement

The proposed action presented in the draft EIS will be compared to
the no-action alternative. The no-action alternative represents
estimated future conditions assuming an ITP is not issued, to which the
proposed action's estimated future conditions can be compared. Other
alternatives, including their potential impacts, will also be addressed
in the draft EIS.

No-Action Alternative

Because future development activities are vital for the City, these
activities would likely continue regardless of whether the proposed
10(a)(1)(B) ITP is issued. Where a specific project would result in
potential impacts to federally protected species within the proposed
permit area that could not be avoided and a federal permit or federal
funding is involved, i.e., there is a federal nexus for the project,
the project proponent would address impacts in accordance with the an
individual formal or informal consultation under Section 7 of the Act
between the Federal authorizing agency and the Service. If no federal
nexus exists for a proposed project that is likely to result in take of
a listed vernal pool animal species, the project proponent would likely
seek an individual section 10(a)(1)(B) ITP on a project-specific basis.
Although future activities by the City or a private applicant would be
similar to those covered by the VPHCP, not all activities would
necessitate an incidental take permit or consultation with the Service.
Thus, under the no-action alternative, the City and various project
proponents would likely have to file numerous separate section
10(a)(1)(B) permit applications over the 50-year project period. This
activity-by-activity approach would be more time-consuming and less
efficient than authorizing activities under an umbrella incidental take
permit, and could result in a fragmented mitigation approach.

Proposed Alternative

The proposed action is the issuance of an ITP to the City of San
Diego covering impacts to seven vernal pool species resulting from
development activities authorized by the City within the proposed
Planning Area for a period of 50 years. The purpose of the Vernal Pool
HCP would be to contribute to the conservation of the covered species
while streamlining endangered species permitting for development
projects. The Vernal Pool HCP, which must meet the requirements of
section 10(a)(2)(A) of the ESA, would be developed and implemented by
the City through its local regulatory and land use authorities. This
alternative would allow for a comprehensive mitigation approach for
unavoidable impacts and reduce permit processing times and efforts for
the City and the Service.
Potential impacts to covered species would be addressed through a
conservation program that includes avoidance, minimization, mitigation,
preservation, and restoration and enhancement of habitat for covered
species by multiple components, such as reserve design and assembly
processes, protection and management elements, funding assurances,
monitoring, and adaptive management within the VPHCP planning area.
The planning goals of the Vernal Pool HCP are anticipated to
include the following:
Provide for long-term conservation and management of
Covered Species within the VPHCP area;
Preserve, restore, and enhance vernal pool ecosystems that
support Covered Species within the VPHCP area;
Build on the City's general plans;
Further identify the most appropriate locations within the
VPHCP area for development projects, taking into account potential
impacts to threatened and endangered species and their vernal pool
habitat;
Provide a means to implement covered activities in a
manner that complies with the ESA, NEPA, CEQA, and other relevant laws;
Provide a basis for the issuance of take authorizations
allowing the lawful take of covered species incidental to covered
activities;
Provide a comprehensive means to coordinate and
standardize mitigation and compensation requirements for covered
activities within the plan area;
Provide a framework for a more efficient process by which
proposed development projects with the plan area may obtain regulatory
authorizations, and which results in greater conservation values than
would a project-by-project, species-by-species review; and
Identify and incorporate climate change adaptation
research, management objectives, and policies into the final plan
document.
More information on the proposed VPHCP is available on the Internet
at http://www.sandiego.gov/planning/mscp/.

Covered Activities

The covered activities under the VPHCP are expected to include
residential, commercial, and industrial development; airports; roads;
utilities; trails; and vernal pool restoration and enhancement.

Covered Species

We anticipate that the following federally listed endangered
wildlife species will be included as covered species in the City of San
Diego's proposed VPHCP: the San Diego fairy shrimp (Branchinecta
sandiegonensis) and the Riverside fairy shrimp (Streptocephalus
woottonii). Take of federally listed plant species is not prohibited
under the ESA, and authorization under an ESA ITP is not required.
Section 9 of ESA does, however, prohibit the removal or malicious
destruction of federally listed plants from areas under Federal
jurisdiction and the removal or destruction of such plants in knowing
violation of State law. In addition, section 7(a)(2) of the ESA
prohibits Federal agencies from jeopardizing the continued existence of
any listed plant or animal species, or destroying or adversely
modifying the critical habitat of such species. The following federally
listed plant species are anticipated to be included in the VPHCP in
recognition of the conservation benefits to be provided for them under
the plan and to be listed on the ITP for purposes of receiving
mitigation assurances: The threatened spreading navarretia (Navarretia

[[Page 78944]]

fossalis), the endangered San Diego button celery (Eryngium aristulatum
var. parishii), the endangered San Diego mesa mint (Pogogyne abramsii),
the endangered California Orcutt grass (Orcuttia californica), and the
endangered Otay mesa mint (Pogogyne nudiscula).

Conservation Alternative

An expanded conservation alternative that would conserve additional
vernal pool resources and provide increased opportunities for
restoration and enhancement of vernal pool habitat will also be
considered in the draft EIS.

Environmental Review and Next Steps

The Service will conduct an environmental review to analyze the
proposed action, along with other alternatives evaluated and the
associated impacts of each. The draft EIS will be the basis for the
impact evaluation for each covered species and the range of
alternatives to be addressed. The draft EIS is expected to provide
biological descriptions of the affected species and habitats, as well
as the effects of the alternatives on other resources, such as
vegetation, wetlands, wildlife, geology and soils, air quality, water
resources, water quality, cultural resources, land use, recreation,
water use, local economy, and environmental justice.
Following completion of the environmental review, the Service will
publish a notice of availability and a request for comment on the draft
EIS and the City's permit application, which will include the proposed
HCP. The draft EIS and proposed HCP are expected to be completed and
available to the public in late summer 2012.

Public Comments

We request data, comments, new information, or suggestions from the
public, other concerned governmental agencies, the scientific
community, Tribes, industry, or any other interested party on this
notice. We will consider these comments in developing a draft EIS and
in the development of a HCP and ITP. We particularly seek comments on
the following:
1. Biological information concerning the species;
2. Relevant data concerning the species;
3. Additional information concerning the range, distribution,
population size, and population trends of the species;
4. Current or planned activities in the planning area and their
possible impacts on the species;
5. The presence of archeological sites, buildings and structures,
historic events, sacred and traditional areas, and other historic
preservation concerns, which are required to be considered in project
planning by the National Historic Preservation Act; and
6. Identification of any other alternatives to the proposed action
that should be analyzed in the draft EIS.
7. Identification of any other environmental issues that should be
considered in the draft EIS.
You may submit your comments and materials by one of the methods
listed in the ADDRESSES section.
Comments can also be submitted to the City in response to their
notice of EIR preparation under CEQA at DSDEAS@sandiego.gov, and
comments will also be included as an appendix to the draft EIR/EIS.
Comments and materials we receive, as well as supporting
documentation we use in preparing the draft EIS, will be available for
public inspection by appointment, during normal business hours, at our
office (see FOR FURTHER INFORMATION CONTACT).

Public Availability of Comments

Written comments we receive become part of the public record
associated with this action. Before including your address, phone
number, email address, or other personal identifying information in
your comments, 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 of the ESA (16 U.S.C. 1531
et seq.) and by NEPA Regulations (40 CFR 1501.7, 40 CFR 1506.6, and
1508.22).

Paul McKim,
Deputy Regional Director, Pacific Southwest Region, U.S. Fish and
Wildlife Service, Sacramento, California.
[FR Doc. 2011-32494 Filed 12-19-11; 8:45 am]
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