[Federal Register Volume 84, Number 118 (Wednesday, June 19, 2019)]
[Notices]
[Pages 28578-28580]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12953]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R8-ES-2019-N053; FXES11140800000-190-FF08ECAR00]
Habitat Conservation Plan for the Coastal California Gnatcatcher;
Categorical Exclusion for 93-129 Ltd, Orange County, California
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for comments.
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SUMMARY: We, the U.S. Fish and Wildlife Service, have received an
application from 93-129 Ltd for a 10-year incidental take permit for
the coastal California gnatcatcher pursuant to the Endangered Species
Act. We are requesting comments on the permit application and on our
preliminary determination that the applicant's accompanying proposed
habitat conservation plan qualifies as low effect, eligible for a
categorical exclusion under the National Environmental Policy Act. The
basis for this determination is discussed in our environmental action
statement and associated low-effect screening form, which are also
available for public review.
DATES: Written comments should be received on or before July 19, 2019.
ADDRESSES: Submitting Comments: You may submit comments by one of the
following methods. Please include ``93-129 Ltd'' at the beginning of
your comments.
U.S. Mail: Field Supervisor, Carlsbad Fish and Wildlife
Office, U.S.
[[Page 28579]]
Fish and Wildlife Service, 2177 Salk Avenue, Suite 250, Carlsbad, CA
92008.
Fax: Field Supervisor, 760-431-9624.
Email: fw8cfwocomments@fws.gov.
Obtaining Documents: You may obtain copies of the documents by the
following methods:
Internet: https://www.fws.gov/carlsbad/HCPs/HCP_Docs.html.
Telephone: 760-431-9440.
U.S. Mail: Carlsbad Fish and Wildlife Office (address
above).
In-Person: You may examine the documents by appointment
during regular business hours at the Carlsbad Fish and Wildlife Office
(address above). Please call to make an appointment (see FOR FURTHER
INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT: Ms. Karen Goebel, Assistant Field
Supervisor, Carlsbad Fish and Wildlife Office, 760-431-9440. If you use
a telecommunications device for the deaf (TDD), please call the Federal
Relay Service (FRS) at 800-877-8339.
SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service
(Service), have received an application from 93-129 Ltd (applicant) for
a 10-year incidental take permit for one 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
anticipated ``take'' of the threatened coastal California gnatcatcher
(Polioptila californica californica; gnatcatcher). The applicant
proposes to grade, subdivide, and construct infrastructure for four
estate custom home parcels on the approximately 50-acre parcel
(Tentative Parcel Map 93-129) in Laguna Niguel, California. The
proposed project will impact an estimated 4.3 acres of coastal sage
scrub and up to two pairs of gnatcatchers. A conservation program to
avoid, minimize, and mitigate for project activities would be
implemented as described in the applicant's proposed habitat
conservation plan (HCP). On June 25, 2007, the Service issued a 10-year
incidental take permit for the subject project. Implementation of the
project was delayed and the permit expired on June 25, 2017.
We are requesting comments on the permit application and on our
preliminary determination that the proposed HCP qualifies as a low-
effect HCP, eligible for a categorical exclusion under the National
Environmental Policy Act of 1969, as amended (NEPA; 42 U.S.C. 4321 et
seq.). The basis for this determination is discussed in our
environmental action statement and associated low-effect screening
form, which are also available for public review.
Background
Section 9 of the ESA and its implementing Federal regulations
prohibit the take of animal species listed as endangered or threatened.
``Take'' is defined under the ESA as to ``harass, harm, pursue, hunt,
shoot, wound, kill, trap, capture, or collect [listed animal species],
or to 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, such as breeding, feeding, or sheltering (50 CFR
17.3). However, under section 10(a) of the ESA, the Service may issue
permits to authorize incidental take of listed species. ``Incidental
taking'' is defined by the ESA implementing regulations as taking that
is incidental to, and not the purpose of, carrying out an otherwise
lawful activity (50 CFR 17.3). Regulations governing incidental take
permits for endangered and threatened species, respectively, are found
in the Code of Federal Regulations at 50 CFR 17.22 and 50 CFR 17.32.
Applicant's Proposed Project
The project is located on a 50-acre property in the City of Laguna
Niguel in Orange County, California (Tentative Parcel Map 93-129). The
applicant requests a 10-year permit under section 10(a)(1)(B) of the
ESA. If we approve the permit, the applicant anticipates taking
gnatcatcher as a result of permanent impacts to 4.3 acres of coastal
sage scrub that the species uses for breeding, feeding, and sheltering.
The take would be incidental to the applicant's activities associated
with the grading, subdivision, and construction of four estate custom
home parcels.
The applicant proposes to mitigate permanent impacts to 4.3 acres
of occupied gnatcatcher habitat through the creation and restoration of
10.61 acres of coastal sage scrub and conservation of 12.8 acres of
coastal sage scrub (including the created and restored habitat). The
conserved habitat will be managed in perpetuity.
The applicant's proposed HCP also contains measures to minimize the
effects of construction activities on the gnatcatcher, including the
following: Oversight of project activities by a biological monitor;
fencing the project limits; implementing an erosion control plan to
avoid and minimize degradation of adjacent native habitat; removing
invasive plant species from the property; minimizing the spillage of
project lighting into the conserved area; providing educational
brochures to residents on the responsibilities associated with living
near a conserved area; removing previously used dirt access roads to
reduce illegal trespassing into natural areas; and monitoring and
reporting to the Service upon project completion.
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 the gnatcatcher. If we
approve the permit, take of gnatcatcher would be authorized for the
applicant's activities associated with the implementation of the 93-129
project. In the proposed HCP, the applicant considers two alternatives.
Under the No Action Alternative, no permit would be issued and
incidental take of the gnatcatcher resulting from habitat loss would
occur, and no long-term protection and management would be afforded to
the species. The No Action Alternative would not meet the primary goal
of the proposed Project, which is to construct residential homes. Under
the Parcel by Parcel Alternative, each individual parcel owner would
conduct grading and slope stabilization activities. This alternative
would necessitate the construction of an additional road immediately
adjacent to the coastal sage scrub habitat conservation area on the
north side of the property's ridgeline and would significantly increase
the impacts to coastal sage scrub habitat.
Our Preliminary Determination
The Service has made a preliminary determination that approval of
the HCP and issuance of an incidental take permit qualify for
categorical exclusion under NEPA (42 U.S.C. 4321 et seq.), as provided
by the Department of the Interior implementing regulations in part 46
of title 43 of the Code of Federal Regulations (43 CFR 46.205, 46.210,
and 46.215), and that the HCP qualifies as a low-effect plan as defined
by the Habitat Conservation Planning Handbook (December 2016).
We base our determination that a HCP qualifies as a low-effect plan
on the following three criteria:
(1) Implementation of the HCP would result in minor or negligible
effects on federally listed, proposed, and candidate species and their
habitats;
(2) Implementation of the HCP would result in minor or negligible
effects on other environmental values or resources; and
[[Page 28580]]
(3) Impacts of the HCP, considered together with the impacts of
other past, present, and reasonably foreseeable similarly situated
projects, would not result, over time, in cumulative effects to
environmental values or resources that would be considered significant.
Based upon this preliminary determination, we do not intend to
prepare further NEPA documentation. We will consider public comments in
making the final determination on whether to prepare such additional
documentation.
Next Steps
We will evaluate the proposed HCP and comments we receive to
determine whether the permit application meets the requirements and
issuance criteria under section 10(a) of the ESA (16 U.S.C. 1531 et
seq.). We will also evaluate whether issuance of a section 10(a)(1)(B)
incidental take permit would comply with section 7 of the ESA by
conducting an intra-Service consultation. We will use the results of
this consultation, in combination with the above findings, in our final
analysis to determine whether or not to issue a permit. If the
requirements and issuance criteria under section 10(a) are met, we will
issue the permit to the applicant for incidental take of the
gnatcatcher.
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 NEPA regulations (40 CFR 1506.6).
Scott Sobiech,
Acting Field Supervisor, Carlsbad Fish and Wildlife Office, Carlsbad,
California.
[FR Doc. 2019-12953 Filed 6-18-19; 8:45 am]
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