99-32575. 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  

  • [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]
    BILLING CODE 4310-55-P
    
    
    

Document Information

Published:
12/16/1999
Department:
Fish and Wildlife Service
Entry Type:
Notice
Action:
Notice of availability and receipt of application.
Document Number:
99-32575
Dates:
Written comments should be received on or before January 18, 2000.
Pages:
70275-70277 (3 pages)
PDF File:
99-32575.pdf