[Federal Register Volume 86, Number 58 (Monday, March 29, 2021)]
[Notices]
[Pages 16381-16382]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06359]
[[Page 16381]]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS-R8-ES-2021-0003; FXES11140800000-212]
Endangered and Threatened Species; Receipt of an Incidental Take
Permit Application and Low-Effect Habitat Conservation Plan for the
Coastal California Gnatcatcher; Rancho Vista Seniors Project, City of
Oceanside, San Diego 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, announce the
availability of a draft habitat conservation plan (HCP) and draft
categorical exclusion for activities associated with construction of
the Rancho Vista Seniors Project. Rancho Vista 2018, LLC (applicant),
developed a draft HCP as part of their application for an incidental
permit (ITP) under the Endangered Species Act of 1973, as amended. We
prepared a draft low-effect screening form and environmental action
statement in accordance with the National Environmental Policy Act to
evaluate the potential effects to the natural and human environment
resulting from issuing an ITP to the applicant. We invite public
comment on these documents.
DATES: To ensure consideration, please send your written comments on or
before April 28, 2021.
ADDRESSES:
Obtaining Documents: The documents this notice announces, as well
as any comments and other materials that we receive, will be available
for public inspection online in Docket No. FWS-R8-ES-2021-0003 at
http://www.regulations.gov.
Submitting Comments: You may submit comments by one of the
following methods:
Online: http://www.regulations.gov. Follow the
instructions for submitting comments on Docket No. FWS-R8-ES-2021-0003.
Email: fw8cfwocomments@fws.gov. Please reference Rancho
Vista Senior Project in the subject line of your email.
We request that you send comments by only one of the methods
described above.
FOR FURTHER INFORMATION CONTACT: Janet Stuckrath, Fish and Wildlife
Biologist, Carlsbad Fish and Wildlife Office, via phone at 760-431-9440
extension 270, or via email at fw8cfwocomments@fws.gov.
SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service
(Service), received an application from Rancho Vista 2018, LLC
(applicant), for an incidental take permit under the Endangered Species
Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.). The requested
permit would authorize take of the federally threatened coastal
California gnatcatcher (Polioptila californica californica,
gnatcatcher), incidental to activities associated with the development
of the Rancho Vista Seniors Project which includes construction of
approximately 29 single-family detached senior housing residences, 3
community recreation areas, open space areas, drainage systems, and
other infrastructure improvements on approximately 16.87 acres in San
Diego County, California. The Service prepared a draft low-effect
screening form and environmental action statement in accordance with
the National Environmental Policy Act of 1969 (NEPA; 42 U.S.C. 4321 et
seq.) to evaluate the potential effects to the natural and human
environment resulting from issuing an ITP to the applicant. We invite
public comment on these documents.
Background
The Service listed the gnatcatcher as threatened on March 30, 1993
(58 FR 16742), and published a revised final rule designating critical
habitat on December 19, 2007 (72 FR 72010). Section 9 of the ESA
prohibits take of fish and wildlife species listed as endangered (16
U.S.C. 1538). Under the ESA, ``take'' is defined to include the
following activities: ``to harass, harm, pursue, hunt, shoot, wound,
kill, trap, capture, or collect, or to attempt to engage in any such
conduct'' (16 U.S.C. 1532). Section 4(d) of the ESA allows the
Secretary to extend protections for endangered species to those listed
as threatened. Under section 10(a)(1)(B) of the ESA (16 U.S.C.
1539(a)(1)(B)), we may issue permits to authorize take of listed fish
and wildlife species that is incidental to, and not the purpose of,
carrying out an otherwise lawful activity. Regulations governing
incidental take permits for endangered species are in the Code of
Federal Regulations (CFR) at 50 CFR 17.32. Issuance of an ITP also must
not jeopardize the existence of federally listed fish, wildlife, or
plant species, pursuant to section 7 of the ESA and 50 CFR 402.02. The
permittee would receive assurances under our ``No Surprises''
regulations (50 CFR 17.32(b)(5)).
Project
The project is located on a 16.87-acre site in the City of
Oceanside in San Diego County, California. The applicant requests a 3-
year incidental take permit for permanent impacts to 8.91 acres of
occupied gnatcatcher habitat. The applicant proposes to mitigate
impacts through the onsite preservation of 5.52 acres of Diegan coastal
sage scrub; onsite conversion of 2.43 acres of non-native and disturbed
habitats to Diegan coastal sage scrub; and the purchase of mitigation
credits sufficient to offset impacts to 2.34 acres of gnatcatcher-
occupied coastal sage scrub habitat at an offsite location selected in
coordination with and approved by CFWO. The offsite mitigation area
will provide equal or higher quality habitat than that found on the
project site and will be conserved, managed, and monitored in
perpetuity. The applicant also proposes to implement measures to
minimize the effects of construction activities on the gnatcatcher.
Our Preliminary Determination
The Service has made a preliminary determination that neither the
issuance of the ITP nor the implementation of the project is neither a
major Federal action that will significantly affect the quality of the
human environment within the meaning of section 102(2)(C) of the
National Environmental Policy Act (NEPA; 42 U.S.C. 4321 et seq.), nor
will they individually and cumulatively have more than a minor or
negligible effect on the gnatcatcher and the environment. Therefore, we
have preliminarily concluded that the ITP for this project would
qualify for categorical exclusion as provided by our NEPA regulations
at 43 CFR 46.205 and 46.215.
Next Steps
We will evaluate the proposed HCP and any comments received to
determine whether to issue the requested permit. 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 above
findings, we will determine whether the permit issuance criteria of
section 10(a)(1)(B) of the ESA have been met. If 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
[[Page 16382]]
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(c) of the ESA (16 U.S.C.
1539 et seq.) and NEPA regulations (40 CFR 1506.6).
Scott Sobiech,
Field Supervisor, Carlsbad Fish and Wildlife Office, Carlsbad,
California.
[FR Doc. 2021-06359 Filed 3-26-21; 8:45 am]
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