Proposed Low-Effect Habitat Conservation Plan for 93-129 Ltd in the City of Laguna Niguel, California, 77058-77059 [E6-21927]

Download as PDF 77058 Federal Register / Vol. 71, No. 246 / Friday, December 22, 2006 / Notices species in California for the purpose of enhancing its survival. Permit No TE–816187 Applicant: David Cook, Santa Rosa, California The permittee requests an amendment to take (harass by survey, mark, collect tissue samples, release, and recapture) the California tiger salamander (Ambystoma californiense) in conjunction with ecology, distribution, and genetics research in Sonoma County, California, for the purpose of enhancing its survival. Permit No. TE–135974 Applicant: Michael S. Marangio, El Cerrito, California The applicant requests a permit to take (harass by survey, capture, and release) the California tiger salamander (Ambystoma californiense) and the Santa Cruz long-toed salamander (Ambystoma macrodactylum croceum) in conjunction with surveys throughout the range of each species in California for the purpose of enhancing their survival. Permit No. TE–051242 The applicant requests a permit to take (survey by pursuit) the Quino checkerspot butterfly (Euphydryas editha quino) in conjunction with surveys throughout the range of the species in California for the purpose of enhancing its survival. Permit No. TE–051236 Applicant: Erika Alfaro, San Diego, California The permittee requests an amendment to take (survey by pursuit) the Quino checkerspot butterfly (Euphydryas editha quino) in conjunction with surveys throughout the range of the species in California for the purpose of enhancing its survival. Permit No. TE–136973 jlentini on PROD1PC65 with NOTICES Applicant: Judi Tamasi, Santa Monica, California The applicant requests a permit to take (survey, collect, and kill) the Riverside fairy shrimp (Streptocephalus wootoni) in conjunction with monitoring in Ventura County, California, for the purpose of enhancing its survival. 17:45 Dec 21, 2006 Jkt 211001 Applicant: Scott Larsen, Oakhurst, California The permittee requests an amendment to take (harass by survey, capture, and release) the California tiger salamander (Ambystoma californiense) in conjunction with surveys throughout the range of the species in California for the purpose of enhancing its survival. Permit No. TE–137006 Applicant: Thea B. Benson, Paso Robles, California The applicant requests a permit to take (harass by survey) the southwestern willow flycatcher (Empidonax trailli extimus) in conjunction with surveys throughout the range of the species in California for the purpose of enhancing its survival. we may be required to disclose your name and address pursuant to the Freedom of Information Act. However, we will not consider anonymous comments. We will make all submissions from organizations or businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, available for public inspection in their entirety. Comments and materials received will be available for public inspection, by appointment, during normal business hours at the above address. Dated: November 17, 2006. Michael Fris, Acting Manager, California/Nevada Operations Office, U.S. Fish and Wildlife Service. [FR Doc. E6–21926 Filed 12–21–06; 8:45 am] BILLING CODE 4310–55–P Permit No. TE–138603 Applicant: Edward F. Woch, San Diego, California The applicant requests a permit to take (survey by pursuit) the Quino checkerspot butterfly (Euphydryas editha quino) in conjunction with surveys throughout the range of the species in California for the purpose of enhancing its survival. Permit No. TE–122123 Applicant: Monica Alfaro, San Diego, California VerDate Aug<31>2005 Permit No. TE–096745 Frm 00099 Fmt 4703 Sfmt 4703 Fish and Wildlife Service Proposed Low-Effect Habitat Conservation Plan for 93–129 Ltd in the City of Laguna Niguel, California AGENCY: Fish and Wildlife Service, Interior. ACTION: Applicant: Douglas McNair, Pasadena, California The applicant requests a permit to take (harass by survey, monitor, capture, and band) the light footed clapper rail (Rallus longirostris levipes), the Yuma clapper rail (Rallus longirostris yumanensis), the California clapper rail (Rallus longirostris obsoletus), and the California least tern (Sternula antillarum) in conjunction with monitoring and other life history studies throughout the range of each species in California and Arizona for the purpose of enhancing their survival. We solicit public review and comment on each of these recovery permit applications. Our practice is to make comments, including names and home addresses of respondents, available for public review during regular business hours. Individual respondents may request that we withhold their home addresses from the record, which we will honor to the extent allowable by law. There also may be circumstances in which we would withhold from the record a respondent’s identity, as allowable by law. If you wish us to withhold your name and/or address, you must state this prominently at the beginning of your comment, but you should be aware that PO 00000 DEPARTMENT OF THE INTERIOR Notice of availability. SUMMARY: 93–129 LTD (Applicant) has applied to the U.S. Fish and Wildlife Service (Service) for a 10-year incidental take permit for one covered species pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The application addresses the potential for ‘‘take’’ of the federally threatened coastal California gnatcatcher (Polioptila californica californica) associated with the proposed grading and infrastructure for Tentative Parcel Map 93–129. A conservation program to mitigate for the project activities would be implemented as described in the proposed Low-Effect Habitat Conservation Plan for Grading and Infrastructure for Tentative Parcel Map 93–129 (proposed Plan), which would be implemented by the Applicant. We are requesting comments on the permit application and on the preliminary determination that the proposed Plan qualifies as a ‘‘loweffect’’ Habitat Conservation Plan, eligible for a categorical exclusion under the National Environmental Policy Act (NEPA) of 1969, as amended. The basis for this determination is discussed in the Environmental Action Statement (EAS) and the associated Low Effect E:\FR\FM\22DEN1.SGM 22DEN1 Federal Register / Vol. 71, No. 246 / Friday, December 22, 2006 / Notices Screening Form, which are also available for public review. DATES: Written comments should be received on or before January 22, 2007. ADDRESSES: Comments should be addressed to the Field Supervisor, Fish and Wildlife Service, Carlsbad Fish and Wildlife Office, 6010 Hidden Valley Road, Carlsbad, California 92011. Written comments may be sent by facsimile to (760) 918–0638. FOR FURTHER INFORMATION CONTACT: Ms. Karen Goebel, Assistant Field Supervisor, Carlsbad Fish and Wildlife Office (see ADDRESSES); telephone: (760) 431–9440. SUPPLEMENTARY INFORMATION: jlentini on PROD1PC65 with NOTICES Availability of Documents Individuals wishing copies of the application, proposed Plan, and EAS should immediately contact the Service by telephone at (760) 431–9440 or by letter to the Carlsbad Fish and Wildlife Office. Copies of the proposed Plan and EAS also are available for public inspection during regular business hours at the Carlsbad Fish and Wildlife Office [see ADDRESSES]. Background Section 9 of the Act and its implementing Federal regulations prohibit the take of animal species listed as endangered or threatened. Take is defined under the Act as harass, harm, pursue, hunt, shoot, wound, kill, trap, capture or collect listed animal species, or attempt to engage in such conduct (16 U.S.C. 1538). However, under section 10(a) of the Act, the Service may issue permits to authorize incidental take of listed species. ‘‘Incidental take’’ is defined by the Act as take that is incidental to, and not the purpose of, carrying out an otherwise lawful activity. Regulations governing incidental take permits for threatened and endangered species, respectively, are found in the Code of Federal Regulations at 50 CFR 17.22 and 50 CFR 17.32 The Applicant is seeking a permit for take of the coastal California gnatcatcher during the life of the permit. This species is referred to as the ‘‘CAGN’’ in the proposed Plan. The Applicant proposes to grade, subdivide, and construct infrastructure for four estate custom home parcels on the approximately 50-acre parcel (Tentative Parcel Map 93–129) in Laguna Niguel, California. The proposed project will impact an estimated 4.3 acres of coastal sage scrub and up to two pairs of CAGN. The property is within designated critical habitat for CAGN. The project site does not contain any VerDate Aug<31>2005 17:45 Dec 21, 2006 Jkt 211001 other rare, threatened or endangered species or habitat. The Applicant proposes to mitigate the effects to CAGN associated with the covered activities by fully implementing the Plan. The purpose of the proposed Plan’s conservation program is to restore and conserve habitat for the CAGN. The Applicant proposes to mitigate impacts to CAGN through creation and restoration of 10.61 acres of coastal sage scrub and conservation of 12.8 acres of coastal sage scrub (including the created and restored habitat). The Proposed Action consists of the issuance of an incidental take permit and implementation of the proposed Plan, which includes measures to mitigate impacts of the project on CAGN. Two alternatives to the taking of the listed species under the Proposed Action are considered in the proposed Plan. Under the No Action Alternative, no permit would be issued, and no construction would occur. Under the Parcel by Parcel Alternative, each individual parcel owner would conduct grading and slope stabilization activities. This alternative would necessitate the construction of an additional road immediately adjacent to the CSS habitat conservation area on the north side of the property’s ridgeline and would significantly increase the impacts to CSS habitat. The Service has made a preliminary determination that approval of the proposed Plan qualifies as a categorical exclusion under NEPA, as provided by the Department of the Interior Manual (516 DM 2, Appendix 1 and 516 DM 6, Appendix 1) and as a ‘‘low-effect’’ plan as defined by the Habitat Conservation Planning Handbook (November 1996). Determination of Low-effect Habitat Conservation Plans is based on the following three criteria: (1) Implementation of the proposed Plan would result in minor or negligible effects on federally listed, proposed, and candidate species and their habitats; (2) implementation of the proposed Plan would result in minor or negligible effects on other environmental values or resources; and (3) impacts of the proposed Plan, considered together with the impacts of other past, present and reasonably foreseeable similarly situated projects would not result, over time, in cumulative effects to environmental values or resources which would be considered significant. Based upon this preliminary determination, we do not intend to prepare further NEPA documentation. We will consider public comments in making the final determination on whether to prepare such additional documentation. PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 77059 Public Review Written comments from interested parties are welcome to ensure that the issues of public concern related to the proposed action are identified. Comments and materials received will be available for public inspection, by appointment, during normal business hours at the office listed in the ADDRESSES section of this notice. All comments and materials received, including names and addresses, will become part of the administrative record and may be released to the public. Our practice is to make comments, including names, home addresses, home phone numbers, and email addresses of respondents, available for public review. Individual respondents may request that we withhold their names and /or homes addresses, etc., but if you wish us to consider withholding this information you must state this prominently at the beginning of your comments. In addition, you must present a rationale for withholding this information. This rationale must demonstrate that disclosure would constitute a clearly unwarranted invasion of privacy. Unsupported assertions will not meet this burden. In the absence of exceptional, documentable circumstances, this information will be released. We will always make submissions from organization or businesses, and from individuals identifying themselves as representatives of or officials of organizations or businesses, available for public inspection in their entirety. This notice is provided pursuant to section 10(c) of the Act. We will evaluate the permit application, the proposed Plan, and comments submitted thereon to determine whether the application meets the requirements of section 10(a) of the Act. If the requirements are met, we will issue a permit to 93–129 LTD for the incidental take of the coastal California gnatcatcher associated with the proposed grading and infrastructure for Tentative Parcel Map 93–129 in the City of Laguna Niguel, Orange County, California. Dated: December 18, 2006. Jim A. Bartel, Field Supervisor, Carlsbad Fish and Wildlife Office, Carlsbad, California. [FR Doc. E6–21927 Filed 12–21–06; 8:45 am] BILLING CODE 4310–55–P E:\FR\FM\22DEN1.SGM 22DEN1

Agencies

[Federal Register Volume 71, Number 246 (Friday, December 22, 2006)]
[Notices]
[Pages 77058-77059]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-21927]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Proposed Low-Effect Habitat Conservation Plan for 93-129 Ltd in 
the City of Laguna Niguel, California

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability.

-----------------------------------------------------------------------

SUMMARY: 93-129 LTD (Applicant) has applied to the U.S. Fish and 
Wildlife Service (Service) for a 10-year incidental take permit for one 
covered species pursuant to section 10(a)(1)(B) of the Endangered 
Species Act of 1973, as amended (Act). The application addresses the 
potential for ``take'' of the federally threatened coastal California 
gnatcatcher (Polioptila californica californica) associated with the 
proposed grading and infrastructure for Tentative Parcel Map 93-129. A 
conservation program to mitigate for the project activities would be 
implemented as described in the proposed Low-Effect Habitat 
Conservation Plan for Grading and Infrastructure for Tentative Parcel 
Map 93-129 (proposed Plan), which would be implemented by the 
Applicant.
    We are requesting comments on the permit application and on the 
preliminary determination that the proposed Plan qualifies as a ``low-
effect'' Habitat Conservation Plan, eligible for a categorical 
exclusion under the National Environmental Policy Act (NEPA) of 1969, 
as amended. The basis for this determination is discussed in the 
Environmental Action Statement (EAS) and the associated Low Effect

[[Page 77059]]

Screening Form, which are also available for public review.

DATES: Written comments should be received on or before January 22, 
2007.

ADDRESSES: Comments should be addressed to the Field Supervisor, Fish 
and Wildlife Service, Carlsbad Fish and Wildlife Office, 6010 Hidden 
Valley Road, Carlsbad, California 92011. Written comments may be sent 
by facsimile to (760) 918-0638.

FOR FURTHER INFORMATION CONTACT: Ms. Karen Goebel, Assistant Field 
Supervisor, Carlsbad Fish and Wildlife Office (see ADDRESSES); 
telephone: (760) 431-9440.

SUPPLEMENTARY INFORMATION:

Availability of Documents

    Individuals wishing copies of the application, proposed Plan, and 
EAS should immediately contact the Service by telephone at (760) 431-
9440 or by letter to the Carlsbad Fish and Wildlife Office. Copies of 
the proposed Plan and EAS also are available for public inspection 
during regular business hours at the Carlsbad Fish and Wildlife Office 
[see ADDRESSES].

Background

    Section 9 of the Act and its implementing Federal regulations 
prohibit the take of animal species listed as endangered or threatened. 
Take is defined under the Act as harass, harm, pursue, hunt, shoot, 
wound, kill, trap, capture or collect listed animal species, or attempt 
to engage in such conduct (16 U.S.C. 1538). However, under section 
10(a) of the Act, the Service may issue permits to authorize incidental 
take of listed species. ``Incidental take'' is defined by the Act as 
take that is incidental to, and not the purpose of, carrying out an 
otherwise lawful activity. Regulations governing incidental take 
permits for threatened and endangered species, respectively, are found 
in the Code of Federal Regulations at 50 CFR 17.22 and 50 CFR 17.32
    The Applicant is seeking a permit for take of the coastal 
California gnatcatcher during the life of the permit. This species is 
referred to as the ``CAGN'' in the proposed Plan.
    The Applicant proposes to grade, subdivide, and construct 
infrastructure for four estate custom home parcels on the approximately 
50-acre parcel (Tentative Parcel Map 93-129) in Laguna Niguel, 
California. The proposed project will impact an estimated 4.3 acres of 
coastal sage scrub and up to two pairs of CAGN. The property is within 
designated critical habitat for CAGN. The project site does not contain 
any other rare, threatened or endangered species or habitat.
    The Applicant proposes to mitigate the effects to CAGN associated 
with the covered activities by fully implementing the Plan. The purpose 
of the proposed Plan's conservation program is to restore and conserve 
habitat for the CAGN. The Applicant proposes to mitigate impacts to 
CAGN through creation and restoration of 10.61 acres of coastal sage 
scrub and conservation of 12.8 acres of coastal sage scrub (including 
the created and restored habitat).
    The Proposed Action consists of the issuance of an incidental take 
permit and implementation of the proposed Plan, which includes measures 
to mitigate impacts of the project on CAGN. Two alternatives to the 
taking of the listed species under the Proposed Action are considered 
in the proposed Plan. Under the No Action Alternative, no permit would 
be issued, and no construction would occur. Under the Parcel by Parcel 
Alternative, each individual parcel owner would conduct grading and 
slope stabilization activities. This alternative would necessitate the 
construction of an additional road immediately adjacent to the CSS 
habitat conservation area on the north side of the property's ridgeline 
and would significantly increase the impacts to CSS habitat.
    The Service has made a preliminary determination that approval of 
the proposed Plan qualifies as a categorical exclusion under NEPA, as 
provided by the Department of the Interior Manual (516 DM 2, Appendix 1 
and 516 DM 6, Appendix 1) and as a ``low-effect'' plan as defined by 
the Habitat Conservation Planning Handbook (November 1996). 
Determination of Low-effect Habitat Conservation Plans is based on the 
following three criteria: (1) Implementation of the proposed Plan would 
result in minor or negligible effects on federally listed, proposed, 
and candidate species and their habitats; (2) implementation of the 
proposed Plan would result in minor or negligible effects on other 
environmental values or resources; and (3) impacts of the proposed 
Plan, considered together with the impacts of other past, present and 
reasonably foreseeable similarly situated projects would not result, 
over time, in cumulative effects to environmental values or resources 
which would be considered significant.
    Based upon this preliminary determination, we do not intend to 
prepare further NEPA documentation. We will consider public comments in 
making the final determination on whether to prepare such additional 
documentation.

Public Review

    Written comments from interested parties are welcome to ensure that 
the issues of public concern related to the proposed action are 
identified. Comments and materials received will be available for 
public inspection, by appointment, during normal business hours at the 
office listed in the ADDRESSES section of this notice. All comments and 
materials received, including names and addresses, will become part of 
the administrative record and may be released to the public.
    Our practice is to make comments, including names, home addresses, 
home phone numbers, and email addresses of respondents, available for 
public review. Individual respondents may request that we withhold 
their names and /or homes addresses, etc., but if you wish us to 
consider withholding this information you must state this prominently 
at the beginning of your comments. In addition, you must present a 
rationale for withholding this information. This rationale must 
demonstrate that disclosure would constitute a clearly unwarranted 
invasion of privacy. Unsupported assertions will not meet this burden. 
In the absence of exceptional, documentable circumstances, this 
information will be released. We will always make submissions from 
organization or businesses, and from individuals identifying themselves 
as representatives of or officials of organizations or businesses, 
available for public inspection in their entirety.
    This notice is provided pursuant to section 10(c) of the Act. We 
will evaluate the permit application, the proposed Plan, and comments 
submitted thereon to determine whether the application meets the 
requirements of section 10(a) of the Act. If the requirements are met, 
we will issue a permit to 93-129 LTD for the incidental take of the 
coastal California gnatcatcher associated with the proposed grading and 
infrastructure for Tentative Parcel Map 93-129 in the City of Laguna 
Niguel, Orange County, California.

    Dated: December 18, 2006.
Jim A. Bartel,
Field Supervisor, Carlsbad Fish and Wildlife Office, Carlsbad, 
California.
[FR Doc. E6-21927 Filed 12-21-06; 8:45 am]
BILLING CODE 4310-55-P