[Federal Register: December 16, 1999 (Volume 64, Number 241)] [Notices] [Page 70275-70277] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr16de99-95] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Availability of an Environmental Assessment and Receipt of an Application for an Incidental Take Permit for the Pacific Bay Properties, Rancho Bella Vista Master Planned Community in Riverside County, CA AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of availability and receipt of application. ----------------------------------------------------------------------- [[Page 70276]] SUMMARY: Pacific Bay Properties (the Applicant) has applied to the Fish and Wildlife Service for an incidental take permit pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended. The Service proposes to issue a 30-year permit to the Applicant that would authorize take of up to 14 species, including the threatened coastal California gnatcatcher (Polioptila californicus californicus). Such take would occur during the development and management of 1,998 single family residences, associated schools, recreational facilities, and open space on 798 acres. This project would permanently eliminate 102.2 acres of suitable habitat for the 14 species: 8.9 acres of Riversidean sage scrub, 59.2 acres of disturbed Riversidean sage scrub, 0.5 acre of willow riparian woodland, 3.5 acres of southern willow scrub, 0.4 acre of disturbed southern willow scrub, and 29.7 acres of non-native grassland. We request comments from the public on the permit application, and an Environmental Assessment, which are available for review. The permit application includes the proposed Habitat Conservation Plan (Plan) and an accompanying Implementing Agreement. The Plan describes the proposed project and the measures that the Applicant would undertake to minimize and mitigate take of the 14 species. This notice is provided pursuant to section 10(a) of the Endangered Species Act and National Environmental Policy Act regulations (40 CFR 1506.6). All comments received, including names and addresses, will become part of the administrative record and may be made available to the public. DATES: Written comments should be received on or before January 18, 2000. ADDRESSES: Written comments should be addressed to Mr. Jim Bartel, Assistant Field Supervisor, Fish and Wildlife Service, 2730 Loker Avenue West, Carlsbad, California 92008. Comments may be sent by facsimile to (760) 431-9624. FOR FURTHER INFORMATION CONTACT: Ms. Michelle Shaughnessy, Fish and Wildlife Biologist, at the above address or call (760) 431-9440. SUPPLEMENTARY INFORMATION: Availability of Documents You may obtain copies of these documents for review by contacting the above office. Documents also will be available for public inspection, by appointment, during normal business hours at the above address. Background Section 9 of the Endangered Species Act and Federal regulation prohibit the ``take'' of fish or wildlife species listed as endangered or threatened, respectively. Take of listed fish or wildlife is defined under the Act to include kill, harm, or harass. The Service may, under limited circumstances, issue permits to authorize incidental take; i.e., take that is incidental to, and not the purpose of, the carrying out of an otherwise lawful activity. Regulations governing incidental take permits for threatened and endangered species are found in 50 CFR 17.32 and 17.22, respectively. The Applicant's proposed project lies within the Rancho Bella Vista Community Specific Plan Area. The Specific Plan Area is located between State Route 79 (Winchester Road) and Lake Skinner Reservoir in western Riverside County, California. The Southwestern Riverside Multiple Species Reserve and Lake Skinner Recreation Area are east of the project site. The project site includes the Skunk Hollow vernal pool and portions of Tucalota Creek. Typical land uses in the area surrounding the project site are dryland farming, grazing, a small airport, and residential development. The Applicant proposes the following land uses at the project site: residential development, schools, recreational facilities, and open space. The Plan relies on biological data collected from a number of reports and surveys of the project site dating from 1989 through 1998. Based on these surveys and reports, the Service concluded that the project may result in the take of federally listed wildlife, harm to listed plants, or take of other species should they be listed in the future: Coastal California gnatcatcher (Polioptila californicus californicus), threatened Last Bell's vireo (Vireo bellii pusillus), endangered Riverside fairy shrimp (Streptocephalus woottoni), endangered Quino checkerspot butterfly (Euphydryas editha quino), endangered Spreading navarretia (Navarretia fossalis), endangered Thread-leaved brodiaea (Brodiaea filifolia), threatened California Orcutt grass (Orcuttia californica), endangered Munz's onion (Allium munzii), endangered San Diego ambrosia (Ambrosia pumila), candidate for listing Western spadefoot toad (Spea hammondii) Southwestern pond turtle (Clemmys marmorata pallida) Burrowing owl (Speotyto cunicularia) Southern California rufous-crowned sparrow (Aimophila ruficeps canescens) Bell's sage sparrow (Amphispiza belli belli) The Applicant proposes to implement the following measures to minimize and mitigate take of endangered species: (1) Preserve 90.4 acres of Riversidean sage scrub (91 percent of on-site acreage of this vegetation type) and 28.8 acres of disturbed Riversidean sage scrub (33 percent of on-site acreage), resulting in preservation of at least 4 of 5 pairs of coastal California gnatcatchers; and (2) Preserve 6.2 acres of riparian and wetland habitats (58 percent of on-site acreage). In addition, the Applicant has already established a 140-acre wetland conservation bank. The Plan identifies goals and objectives for management and conservation of the 14 species, including control of human access and exotics species, preservation of upland and wetland habitats, provision of open space connections through the development area, enhancement of Quino checkerspot butterfly habitat, and restoration of riparian habitats. The Environmental Assessment considers the environmental consequences of four alternatives in addition to the Proposed Project Alternative. The Proposed Project Alternative consists of the issuance of an incidental take permit and implementation of the Plan and its Implementing Agreement, which include measures to minimize and mitigate impacts of the project on the 14 species. Under the No Action Alternative, the Service would not issue a permit and the project area would remain undeveloped. Existing agricultural practices would likely be maintained on the property. The Applicant considered and rejected this alternative because elimination of the proposed development would also eliminate dedication and management of lands in the Conservation Bank as well as other open space areas proposed by the proposed Project Alternative. The Applicant also considered and rejected a Reduced Project Alternative and a Wetland Avoidance Alternative. Although both of these alternatives would have increased open space compared to the Proposed Project, the Applicant did not select them because the loss of additional residences would increase per unit construction cost beyond what is consistent with lot costs in the region. This notice is provided pursuant to section 10(a) of the Endangered Species Act and the National Environmental Policy Act of 1969 regulations (40 CFR 1506.6). We will evaluate the application, associated documents, and comments submitted thereon to determine whether the application [[Page 70277]] meets the requirements of the National Environmental Policy Act regulations and section 10(a) of the Endangered Species Act. If we determine that those requirements are met, we will issue a permit to the Applicant for the incidental take of the abovementioned listed species. Our final permit decision will be made no sooner than 30 days from the date of this notice. Dated: December 10, 1999. Elizabeth H. Stevens, Deputy Manager, California/Nevada Operations Office, Fish and Wildlife Service, Sacramento, California. [FR Doc. 99-32575 Filed 12-15-99; 8:45 am] BILLING CODE 4310-55-P