[Federal Register Volume 64, Number 241 (Thursday, December 16, 1999)]
[Notices]
[Pages 70275-70277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-32575]
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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.
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[[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]
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