[Federal Register Volume 63, Number 51 (Tuesday, March 17, 1998)]
[Notices]
[Pages 13063-13064]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-6807]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Receipt of an Application for an Incidental Take Permit for the
Coastal California Gnatcatcher Associated With Residential Development
on the Bennett Property, City of Chula Vista, CA
AGENCY: Fish and Wildlife Service.
ACTION: Notice of availability.
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SUMMARY: Western Pacific Housing (applicant) has submitted an
application with a Habitat Conservation Plan 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 applicant
proposes to develop residential housing on a 5-acre parcel in the City
of Chula Vista, California. The proposed permit would authorize the
incidental take of one pair of the threatened coastal California
gnatcatcher (Polioptila californica
[[Page 13064]]
californica) known to occur on this parcel.
The Service has determined that the Bennett Habitat Conservation
Plan (Bennett Plan) qualifies as a low effect plan as defined by the
Service's Habitat Conservation Planning Handbook (November 1996). The
Service has further determined that approval of the Bennett Plan
qualifies as a categorical exclusion under the National Environmental
Policy Act, as provided by the Department of the Interior Manual (516
DM 2, Appendix 1 and 516 DM 6, Appendix 1). This determination is
explained in an Environmental Action Statement which is available for
public review.
DATES: Written comments on the permit application, Bennett Plan, and
Environmental Action Statement should be received on or before April
16, 1998.
ADDRESSES: Written comments should be addressed to the Field
Supervisor, Carlsbad Fish and Wildlife Office, 2730 Loker Avenue West,
Carlsbad, California 92008. Comments may be sent by facsimile to (760)
431-9624.
FOR FURTHER INFORMATION CONTACT: Ms. Kim Marsden, Fish and Wildlife
Biologist, at the above address or call (760) 431-9440.
SUPPLEMENTARY INFORMATION:
Availability of Documents
Persons may obtain a copy of the permit application, Bennett Plan,
and Environmental Action Statement by calling the Service's Carlsbad
Fish and Wildlife Office at the telephone number above. Documents also
will be available for public inspection by appointment during normal
business hours at that office (see ADDRESSES).
Background
Section 9 of the Endangered Species Act and its implementing
regulations prohibit the ``taking'' of threatened or endangered
species. However, under limited circumstances the Service may issue
permits to take endangered and/or threatened species incidental to, and
not the purpose of, otherwise lawful activities. Regulations governing
permits for endangered and/or threatened species are promulgated at 50
CFR 17.22 and 17.32.
Under the proposed action, construction activities would directly
impact one pair of gnatcatchers by removal of 4.2 acres of foraging
habitat on a 5-acre parcel. The parcel is bounded on three sides by
development and on the fourth by a road. The parcel has been previously
graded and revegetated with a mixture of plants that are native to both
coastal and desert areas of southern California and with horticultural
ornamentals. The revegetated scrub is similar in stature to coastal
sage scrub but is not considered to be coastal sage scrub. The
applicant has submitted a habitat conservation plan that describes
consideration of alternatives to the action and provisions for
minimization and mitigation of impacts including off-site acquisition
of 4.2 acres of coastal sage scrub within the preserve area of the City
of Chula Vista's Multiple Species Conservation Program. The Bennett
Plan also provides measures to avoid direct take of the California
gnatcatchers if vegetation clearing would occur within the normal
California gnatcatcher breeding season.
Two alternatives to the proposed project action were considered:
the ``no project'' alternative and the ``partial-clearing''
alternative. Each of these alternatives was rejected because they would
not meet the project purpose and were economically unfeasible.
The Service has determined that the Bennett Plan qualifies as a
``low-effect'' plan as defined by the Service's Habitat Conservation
Planning Handbook (November 1996). Low-effect plans are those involving
(1) minor or negligible effects on federally listed and candidate
species and their habitats, and (2) minor or negligible effects on
other environmental values or resources. The Bennett Plan qualifies as
a low-effect plan for the following reasons:
1. The effects of the plan are minor or negligible on federally
listed, proposed, or candidate species and their habitats. The
harassment of one pair of California gnatcatchers by removal of 4.2
acres of their foraging habitat is considered a negligible effect
because: (a) The project site has been previously graded and
revegetated to an assemblage of plants that does not comprise a natural
community; and (b) the removal of this vegetation will not appreciably
reduce any food resource, or affect reproduction because there is
foraging habitat within 50 meters of the project site in naturally-
occurring suitable habitat. In addition, the project will not affect
any proposed or candidate species or their habitats.
2. The effects of the project are minor or negligible on other
environmental resources. The effects on air quality will not be
significant because of the small size of the project site and the
limited duration of construction. Impacts to geology and soils are
negligible because the site has been previously graded. Impacts to
water quality are not anticipated as a result of this project because
it is small, surrounded by existing development, not located close to
any body of water, and ground disturbing activities will be minimal. No
known cultural sites exist on the site, therefore, no impacts to
cultural resources are anticipated. No changes in land use or the
socio-economic environment are expected to occur as a result of
implementing the Bennett Plan because the project site is located in an
existing housing subdivision surrounded by residential development and
a paved road.
3. No significant cumulative effects are expected to occur as a
result of project implementation. The site was previously graded and
revegetated to an unnatural assemblage of plants. The loss of 4.2 acres
of non-coastal sage scrub vegetation on previously graded land will not
result in significant cumulative effects to the coastal California
gnatcatcher.
In addition, none of the exceptions to categorical exclusions (from
516 DM 2.3, Appendix 2) apply to the Bennett Plan. The Service
therefore has determined that approval of the Bennett Plan qualifies as
a categorical exclusion under the National Environmental Policy Act, as
provided by the Department of the Interior Manual (516 DM 2, Appendix 1
and 516 DM 6, Appendix 1). No further National Environmental Policy Act
documentation will therefore be prepared.
This notice is provided pursuant to section 10(c) of the Endangered
Species Act. The Service will evaluate the permit application, the
Bennett Plan, and comments submitted thereon to determine whether the
application meets the requirements of section 10(a) of the Endangered
Species Act. If it is determined that the requirements are met, a
permit will be issued. The final permit decision will be made no sooner
than 30 days from the date of this notice.
Dated: March 11, 1998.
Thomas Dwyer,
Acting Regional Director, Region 1, Portland, Oregon.
[FR Doc. 98-6807 Filed 3-16-98; 8:45 am]
BILLING CODE 4310-55-P
