[Federal Register Volume 60, Number 164 (Thursday, August 24, 1995)]
[Notices]
[Pages 44040-44041]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20993]
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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 Lake Mathews Multiple
Species Habitat Conservation Plan, Western Riverside County, California
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability.
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SUMMARY: The Southern California Metropolitan Water District (MWD)
(applicant) has applied to the Fish and Wildlife Service (Service) for
a 50-year Incidental Take Permit pursuant to section 10(a)(1)(B) of the
Endangered Species Act of 1973, as amended (Act). The proposed permit
would authorize take of five currently listed wildlife species,
including the endangered Stephens' kangaroo rat (Dipodomys stephensi)
(SKR), the endangered bald eagle (Haliaeetus leucocephela), the
threatened coastal California gnatcatcher (Polioptila californica
californica), the endangered least Bell's vireo (Vireo bellii
pusillus), and the endangered southwestern willow flycatcher (Empidonax
traillii extimus), in western Riverside County, California. In
addition, the applicant is seeking authorizations and assurances for 60
other target species (including one currently listed plant species, and
59 plant and animal species not currently listed) that occur within the
plan area. This notice opens the comment period on the joint
Environmental Assessment/Mitigated Negative Declaration (EA/MND), and
permit application package, which includes the Lake Mathews Multiple
Species Habitat Conservation Plan and Natural Community Conservation
Plan (Plan) and Implementing Agreements (IA). 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 on the Plan, the EA/MND, or the IA should be
received on or before September 25, 1995.
ADDRESSES: Comments should be addressed to Mr. Gail Kobetich, Field
Supervisor, U.S. Fish and Wildlife Service, 2730 Loker Avenue West,
Carlsbad, California 92008. Written comments may also be sent by
facsimile to (619) 431-9618. Please refer to permit number PRT-805839
when submitting comments.
FOR FURTHER INFORMATION CONTACT: Jeff Newman, U.S. Fish and Wildlife
Service, Carlsbad Field Office, 2730 Loker Ave. West, Carlsbad,
California 92008 at (619) 431-9440.
SUPPLEMENTARY INFORMATION:
Availability of Documents
Individuals wishing copies of the documents should immediately
contact the Service's Carlsbad Field Office at the above referenced
address, or by telephone at (619) 431-9440. Documents will also be
available for public inspection, by appointment, during normal business
hours at the above address.
Background Information
Listed species are protected pursuant to section 9 of the Act
against ``take'', that is, no one may harass, harm, pursue, hunt,
shoot, wound, kill, trap, capture or collect the species, or attempt to
engage in such conduct (16 USC 1538). The Service, however, may issue
permits to conduct activities involving endangered species under
certain circumstances, including carrying out scientific purposes,
enhancing the propagation or survival of the species, or incidentally
taking the species in connection with otherwise lawful activities.
Regulations governing permits for endangered and threatened species are
at 50 CFR 17.22 and 17.32. The proposed takings are incidental to
otherwise lawful activities in association with the implementation of
the Plan, a joint conservation effort initiated by the applicant (a 27-
member public entity that delivers water from the California and
Colorado River Aqueducts to cities and communities within a 5,125-
square-mile service area in southern California) and the Riverside
County Habitat Conservation Agency (RCHCA), in cooperation with the
Service and the California Department of Fish and Game (CDFG).
Implementation of the proposed Plan could directly or indirectly
affect individuals of five currently listed animal species (identified
above). In addition, one listed plant species, slender-horned
spineflower (Dodecahema leptoceras), is also known to occur in the
vicinity of Lake Mathews. Although no incidental take authorization is
required for listed plant species, impacts to these species must be
addressed in the intra-Service consultation required pursuant to
section 7(a) of the Act. The Plan establishes and provides management
for a 5,110-acre multiple species reserve on the applicant's properties
in western Riverside County (the Plan Area). The Multiple Species
Reserve consists of a 2,545-acre mitigation bank adjacent to an
existing 2,565-acre State Ecological Reserve. The mitigation bank
provides mitigation for the applicant's ongoing and future operations,
maintenance activities, and capital construction projects at Lake
Mathews (totaling approximately 618 acres). Future MWD projects outside
the Plan Area can use additional credits remaining in the mitigation
bank pursuant to the Mitigation Banking Agreement in Volume 3 of the
application package. The RCHCA will receive habitat credit for the
1,269.3 acres of occupied SKR habitat within the Plan Area under the
SKR Short-term Habitat Conservation
[[Page 44041]]
Plan. Any use by the RCHCA of the 1,269.3 acres as mitigation for
effects other than take of SKR would be contingent on Service and CDFG
approval of a multiple species plan.
The EA/MND considers the proposed project and no action
alternatives in detail. In addition, two other alternatives were
considered but were not selected for detailed analysis. These
alternatives considered avoiding take of listed species at Lake
Mathews, and a modified project that would apply only to projects and
activities on MWD's Lake Mathews properties (and would not extend to
projects outside the Plan Area).
The proposed Federal action would authorize the incidental take of
65 target species, including habitat modification, during ongoing and
future projects and activities described in the Plan. The applicant has
requested the issuance of permits that would authorize the incidental
take of the five listed wildlife species identified previously in this
notice. In addition, the applicant seeks Federal pre-listing assurances
for 59 other plant and animal target species which are currently not
listed as threatened or endangered but could become listed in the
future. These pre-listing assurances are agreements in principle that
the Service would modify the permits and authorize incidental take for
any of these species should they become listed in the future. These
assurances are given on the condition that avoidance, minimization, and
reserve management measures identified in the Plan are implemented.
Mitigation pursuant to these authorizations and assurances will be
accomplished on a habitat basis rather than on a species-by-species
basis. Habitat occupied by multiple species in the Mitigation Bank may
be used to mitigate for multiple species affected by activities or
projects initiated by the applicant. If a project affects several
species, which at some point during their respective life cycles occupy
a single habitat type and these species also occur in the Mitigation
Bank area, then mitigation for these species may be accomplished on a
habitat-by-habitat basis rather than on a species-by-species basis.
This notice is provided pursuant to section 10(c) of the Act and
National Environmental Policy Act of 1969 (NEPA) regulations (40 CFR
1506.6). The joint EA/MND meets both NEPA requirements and the
requirements of the state of California pursuant to the California
Environmental Quality Act (CEQA). Both NEPA, at 40 CFR 1506.6, and the
CEQA Guidelines at Section 15222, provide for joint planning processes
and environmental assessment documents. The Service will evaluate the
application, associated documents, and comments submitted thereon to
determine whether the application meets the requirements of NEPA
regulations and section 10(a) of the Act. If it is determined that the
requirements are met, a permit will be issued for the incidental take
of the listed species, and pre-listing agreements provided for the
other target species. The final NEPA and permit determination will be
made no sooner than 30 days from the date of this notice.
Dated: August 18, 1995.
Thomas Dwyer,
Deputy Regional Director, Region 1, Portland, Oregon.
[FR Doc. 95-20993 Filed 8-23-95; 8:45 am]
BILLING CODE 4310-55-P
