[Federal Register Volume 89, Number 5 (Monday, January 8, 2024)]
[Notices]
[Pages 940-942]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00163]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS-R8-ES-2023-0251; FXES11140800000-245-FF08ECAR00]
Receipt of Incidental Take Permit Application and Proposed
Habitat Conservation Plan for Montebello Hills Phase B Project, City of
Montebello, CA; Categorical Exclusion
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for comments.
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SUMMARY: We, the Fish and Wildlife Service (Service), announce receipt
of
[[Page 941]]
an application from Metro Heights Montebello, LLC (applicant) for an
incidental take permit (ITP) under the Endangered Species Act. The
applicant requests the ITP to take the federally threatened coastal
California gnatcatcher and endangered least Bell's vireo incidental to
construction of the Montebello Hills Phase B Project, in the City of
Montebello, Los Angeles County, California. We request public comment
on the application, which includes the applicant's proposed habitat
conservation plan (HCP), and the Service's preliminary determination
that the proposed permitting action may be eligible for a categorical
exclusion pursuant to the Council on Environmental Quality's National
Environmental Policy Act (NEPA) regulations, the Department of the
Interior's (DOI) NEPA regulations, and the DOI Departmental Manual. To
make this preliminary determination, we prepared a draft environmental
action statement and low-effect screening form, both of which are also
available for public review. We invite comment from the public and
local, State, Tribal, and Federal agencies.
DATES: We must receive your written comments on or before February 7,
2024.
ADDRESSES:
Obtaining Documents: You may obtain copies of the documents this
notice announces, along with any comments and other materials that we
receive, online in Docket No. FWS-R8-ES-2023-0251 at https://www.regulations.gov.
Submitting Comments: If you wish to submit comments, you may do so
in writing by one of the following methods:
Online: https://www.regulations.gov. Follow the
instructions for submitting comments on Docket No. FWS-R8-ES-2023-0251.
U.S. Mail: Public Comments Processing, Attn: Docket No.
FWS-R8-ES-2023-0251; U.S. Fish and Wildlife Service, MS: PRB/3W; 5275
Leesburg Pike; Falls Church, VA 22041-3803.:
FOR FURTHER INFORMATION CONTACT: Mr. Jonathan Snyder, Assistant Field
Supervisor, Carlsbad Fish and Wildlife Office, 760-431-9440
(telephone). Individuals in the United States who are deaf, blind, hard
of hearing, or have a speech disability may dial 711 (TTY, TDD, or
TeleBraille) to access telecommunications relay services. Individuals
outside the United States should use the relay services offered within
their country to make international calls to the point-of-contact in
the United States.
SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service
(Service), have received an application from Metro Heights Montebello,
LLC (applicant) for an 11-year incidental take permit (ITP) for two
covered species pursuant to section 10(a)(1)(B) of the Endangered
Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.). The
application addresses the potential ``take'' of the threatened coastal
California gnatcatcher (Polioptila californica californica) and the
endangered least Bell's vireo (Vireo bellii pusillus) associated with
the construction of the Montebello Hills Phase B Project, in the City
of Montebello, Los Angeles County, California. We request public
comment on the application, which includes the applicant's habitat
conservation plan (HCP), and on the Service's preliminary determination
that this proposed ITP qualifies as ``low effect,'' and may qualify for
a categorical exclusion pursuant to the Council on Environmental
Quality's National Environmental Policy Act (NEPA) regulations (40 CFR
1501.4), the Department of the Interior's (DOI) NEPA regulations (43
CFR 46), and the DOI's Departmental Manual (516 DM 8.5(C)(2)). To make
this preliminary determination, we prepared a draft environmental
action statement and low-effect screening form, both of which are also
available for public review.
Background
The proposed project is the second part of the larger 488-acre
Montebello Hills Development and Conservation Project (also known as
Montebello Hills Specific Plan). The Service consulted with the U.S.
Army Corps of Engineers under section 7 of the Endangered Species Act
on the effects to the coastal California gnatcatcher from the proposed
issuance of a Clean Water Act section 404 permit for the Montebello
Hills Development and Conservation Project in 2009 and in 2019.
Ultimately, U.S. Army Corps of Engineers did not issue a 404 permit,
because they determined that waters within the Montebello Hills
Development and Conservation Project area are excluded from Clean Water
Act jurisdiction. Phase A of the Montebello Hills Development and
Conservation Project was initiated in 2019 and is currently under
construction.
Proposed Project
The proposed project includes the construction of 851 residential
homes, a park, and fuel modification zones on 86.78 acres in the City
of Montebello, California. The applicant requests an 11-year ITP under
section 10(a)(1)(B) of the ESA. If we approve the permit, the applicant
anticipates taking coastal California gnatcatcher and least Bell's
vireo as a result of impacts to 86.78 acres, including about 32 acres
of native coastal sage scrub vegetation these species use for breeding,
feeding, and sheltering. The take would be incidental to the
applicant's activities associated with the construction of the
Montebello Hills Phase B Project.
Coastal California gnatcatchers are common in coastal sage scrub
vegetation within the Montebello Hills, with a maximum of 160 pairs
recorded in 2012. The proposed project area contained 7 pairs prior to
initiation of the Phase A of the Montebello Hills Development and
Conservation Project in 2019 and 3 pairs in 2023. Least Bell's vireos
are common in riparian woodlands near the proposed project area within
Whittier Narrows Recreation Area, but were first observed within the
project area in May of 2023. Riparian vegetation, suitable for vireo,
occurs in small patches within the coastal sage scrub vegetation
community.
The applicant's proposed HCP contains measures to minimize the
effects of construction activities on the coastal California
gnatcatcher and least Bell's vireo. During construction, a Service-
approved biological monitor will be present to ensure avoidance and
minimization measures are understood by the contractors and implemented
as anticipated. Impacts to preserved vegetation adjacent to the Project
footprint will be avoided by surveying, staking, and fencing the limits
of proposed impacts and controlling erosion, sedimentation, and
pollution within the footprint of impacts. Vegetation removal will
occur outside the breeding season to avoid active nests, and impacts to
productivity will be minimized by limiting construction within 200 feet
of an active nest.
The applicant proposes to increase the quality and extent of
habitat for the gnatcatcher and vireo that occurs within and adjacent
to the project area by (1) restoring, preserving, and managing 91.51
acres of native vegetation communities within the 276.83-acre
Montebello Hills Habitat Reserve (Habitat Reserve), and (2) restoring,
preserving, and managing 12 acres of native vegetation communities in
the Puente Hills. In total, 100.11 acres of coastal sage scrub habitat
for coastal California gnatcatcher and 3.4 acres riparian woodland
habitat for least Bell's vireo will be protected in perpetuity with
conservation easements and managed in accordance with long-term
management plans, with funding secured in non-wasting endowment
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accounts to ensure the quality and extent of restored habitats are
maintained over time.
Because the Habitat Reserve will be surrounded by residential
development, the proposed project also includes several design features
to minimize the potential for degradation of habitat that is preserved
as part of the project. The fuel modification zone was minimized by
incorporating fire-resistant features into the project design and will
be planted with coastal sage scrub species approved for use by the
local fire authority to maintain foraging habitat for coastal
California gnatcatchers. Development landscaping will exclude invasive
plant species and incorporate primarily drought-tolerant plants to
minimize artificial irrigation. Lighting will be shielded and designed
to minimize spillover into the Montebello Habitat Reserve. Fencing will
prohibit access to the Habitat Reserve by homeowners and their pets,
and no-trespassing signs will be posted at likely points of entry.
Proposed Action and Alternatives
The proposed action consists of the issuance of an incidental take
permit and implementation of the proposed HCP, which includes measures
to avoid, minimize, and mitigate impacts to coastal California
gnatcatcher and least Bell's vireo. To comply with the requirements for
an HCP under ESA section 10(a), alternatives to the project and the
incidental take of coastal California gnatcatcher and least Bell's
vireo were evaluated. Under the No Action Alternative, the project
would not be constructed, and no ITP would be issued. The No Action
Alternative would not meet the primary goal of the proposed project,
which is to construct residential homes within the project area. It
would also represent a loss of the value of the infrastructure
(roadways, utilities, and storm water facilities) previously
constructed to facilitate development of Phase B, including
revegetation of 41.85 acres of coastal sage scrub on slopes as part of
the Phase A development. Alternatives to the proposed project are
constrained by the Phase A development and would necessitate extensive
changes to the developed subdivisions in Phase A from a land use,
circulation, and utility perspective. There are no other feasible
alternatives, based on the description of already installed
improvements that would avoid incidental take of coastal California
gnatcatcher and least Bell's vireo.
Our Preliminary Determination
The Service has made a preliminary determination that the
applicant's proposed project would individually and cumulatively have a
minor effect on the coastal California gnatcatcher, least Bell's vireo,
and the human environment. Therefore, we have preliminarily determined
that the proposed ESA section 10(a)(1)(B) ITP would be a ``low-effect''
ITP that individually or cumulatively would have a minor effect on the
species and may qualify for application of a categorical exclusion
pursuant to the Council on Environmental Quality's NEPA regulations,
DOI's NEPA regulations, and the DOI Departmental Manual. A ``low-
effect'' ITP is one that would result in (1) minor or nonsignificant
effects on species covered in the HCP; (2) nonsignificant effects on
the human environment; and (3) impacts that, when added together with
the impacts of other past, present, and reasonable foreseeable actions,
would not result in significant cumulative effects to the human
environment.
Next Steps
The Service will evaluate the application and the comments received
to determine whether to issue the requested ITP. We will also conduct
an intra-Service consultation pursuant to section 7 of the ESA to
evaluate the effects of the proposed take. After considering the
preceding and other matters, we will determine whether the permit
issuance criteria of section 10(a)(1)(B) of the ESA have been met. If
met, the Service will issue the permit to the applicant for incidental
take of coastal California gnatcatcher and least Bell's vireo.
Public Availability of Comments
Before including your address, phone number, email 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 may
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 its implementing regulations (50 CFR 17.22 and 17.32) and
the National Environmental Policy Act (42 U.S.C. 4321 et seq.) and its
implementing regulations (40 CFR 1500-1508 and 43 CFR 46).
Kristine Petersen,
Deputy Field Supervisor, Carlsbad Fish and Wildlife Office, Carlsbad,
California.
[FR Doc. 2024-00163 Filed 1-5-24; 8:45 am]
BILLING CODE 4333-15-P