Proposed Low Effect Habitat Conservation Plan for the Bellota Landslide Repair and Shorecliffs Mobile Home Neighborhood Expansion, City of San Clemente, County of Orange, CA, 51243-51244 [E7-17592]
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Federal Register / Vol. 72, No. 172 / Thursday, September 6, 2007 / Notices
seasonally. Such complexes may
predominantly occur as isolated
wetlands distributed in a forested
upland matrix, floodplain wetlands fed
by seasonal flooding, or a combination
of both. Fishless wetlands, suitable for
high anuran (frog and toad)
productivity, are required to provide
habitat and a suitable prey base.
The principal limiting factor for
copperbellies appears to be sufficient
extent of suitable habitat. Individuals
move hundreds of meters or more
between wetlands and routinely use
multiple wetlands over the course of an
active season. They also spend
substantial periods of time in upland
habitat aestivating, foraging, and
shedding. Populations may require
many hundreds of hectares of
contiguous habitat in order to persist.
mstockstill on PROD1PC66 with NOTICES
Delisting Criteria
The objective of the recovery plan is
to provide a framework for the recovery
of the Copperbelly Water Snake so that
protection by the Act is no longer
necessary. Copperbelly Water Snake
will be considered for delisting when
the likelihood of the species becoming
extinct in the foreseeable future has
been reduced or eliminated by the
achievement of the following criteria.
The population sizes and
metapopulation numbers and sizes
needed for delisting and reclassification
may be updated based on further
research (e.g., population viability
analysis) on viable population sizes of
Copperbelly Water Snake or surrogate
species.
(1) Multiple population viability is
assured through the following:
(a) At least 1 population of
Copperbelly Water Snake must exceed a
population size of 1000 adults;
(b) Either 5 geographically distinct
populations have population sizes of
more than 500 individuals or 3
metapopulations must have a total
population size of 3000, with none less
than 500; and
(c) Populations described in (a) and
(b) above must persist at these levels for
at least 10 years.
(2) Sufficient habitat is conserved and
managed such that for each population
described in Criterion 1:
(a) Wetland/upland habitat complexes
sufficient to support each population
are permanently conserved, and
(b) Two suitable hibernation sites are
permanently conserved within one
kilometer of all suitable summer habitat.
(3) Significant threats due to lack of
suitable management, adverse land
features and uses, collection, and
persecution have been reduced or
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18:25 Sep 05, 2007
Jkt 211001
eliminated through the following
means:
(a) Habitat management and
protection guidelines will be developed,
distributed, and maintained;
(b) Adverse land features and uses
such as row crops and roads and
accompanying traffic are removed,
minimized, or managed within
occupied Criterion-1 landscape
complexes to the extent possible; and
(c) A comprehensive education and
outreach program that addresses
persecution and collection deterrence
will be developed and implemented.
These criteria will be met through the
following actions: (1) Identify and
protect habitat landscape sufficient for
recovery; (2) Monitor known
Copperbelly Water Snake populations
and their habitat; (3) Improve baseline
understanding of Copperbelly Water
Snake ecology; (4) Develop recovery
approaches to enhance recruitment and
population size; (5) Develop and
implement public education and
outreach efforts; (6) Review and track
recovery progress; and (7) Develop a
plan to monitor Copperbelly Water
Snake after it is delisted.
Reclassification Criteria
Copperbelly Water Snake will be
considered for reclassification from
Threatened to Endangered if surveys
indicate either of the following criteria
have occurred:
(1) There are no metapopulations of
more than 500 adults.
(2) The cumulative population size is
less than 1000.
If classified as Endangered, the
species may be reclassified as
Threatened when the reclassification
criteria are no longer occurring.
Additional detail on delisting and
reclassification criteria is available in
the draft recovery plan.
Public Comments Solicited
The Service solicits written comments
on the draft recovery plan. All
comments received by the date specified
will be considered prior to approval of
the plan. Written comments and
materials regarding the plan should be
addressed to the Field Supervisor (see
ADDRESSES). Comments and materials
received will be available for public
inspection by appointment during
normal business hours at the above
address.
Authority: The authority for this action is
section 4(f) of the Endangered Species Act,
16 U.S.C. 1533(f).
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Fmt 4703
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51243
Dated: July 25, 2007.
Wendi Weber,
Assistant Regional Director, Ecological
Services, Region 3, Fort Snelling, Minnesota.
[FR Doc. E7–17582 Filed 9–5–07; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Proposed Low Effect Habitat
Conservation Plan for the Bellota
Landslide Repair and Shorecliffs
Mobile Home Neighborhood
Expansion, City of San Clemente,
County of Orange, CA
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability.
AGENCY:
SUMMARY: Seaview Repair LLC
(applicant) has applied to the U.S. Fish
and Wildlife Service (Service) for a 10year 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 threatened coastal
California gnatcatcher (Polioptila
californica californica, ‘‘gnatcatcher’’)
associated with the proposed landslide
remediation project in the City of San
Clemente, Orange County, California. A
conservation program to minimize and
mitigate for the project activities would
be implemented as described in the
proposed Bellota Landslide Repair and
Shorecliffs Mobile Home Neighborhood
Expansion Low Effect Habitat
Conservation Plan (proposed HCP),
which would be implemented by the
applicant.
We are requesting comments on the
permit application and on the
preliminary determination that the
proposed HCP 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
Screening Form, which are also
available for public review.
DATES: Written comments should be
received on or before October 9, 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.
E:\FR\FM\06SEN1.SGM
06SEN1
51244
Federal Register / Vol. 72, No. 172 / Thursday, September 6, 2007 / Notices
Ms.
Karen Goebel, Assistant Field
Supervisor, Carlsbad Fish and Wildlife
Office (see ADDRESSES); telephone: (760)
431–9440.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
mstockstill on PROD1PC66 with NOTICES
Availability of Documents
Individuals wishing copies of the
application, proposed HCP, 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 HCP 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 to 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.
The applicant proposes to repair a
landslide within a 16.33-acre project
site that occurred on a slope adjacent to
Via Bellota in the City of San Clemente,
California. The proposed landslide
remediation would involve remedial
grading and construction of a landslide
buttress at the westerly end of the
canyon to stabilize the slide area. The
slope would be graded and stabilized
with shear pins every 10 feet. A
collapsed underground stormdrain pipe
that currently extends through the
canyon bottom would be replaced to
minimize the risk of pipe failures that
could result in soil saturation and
additional slope instability. An
additional slope failure at the southwest
end of the proposed landslide repair
would be graded, excavated, filled,
compacted and have hydroaugers
(horizontal drains) installed which
would outlet to the stormdrain being
constructed for the landslide repair.
Construction of a gunite terrace and
VerDate Aug<31>2005
18:25 Sep 05, 2007
Jkt 211001
down drains, which would outlet at the
bottom of the slope, would occur on the
surface of the finished slope. The repair
of this slope failure would be
concurrent with the stabilization of the
landslide. Additionally, the proposed
project would include the construction
and sale of 20 graded lots within the
Shorecliffs Mobile Home Park.
The applicant proposes to minimize
and mitigate the effects to the
gnatcatcher associated with the covered
activities by fully implementing the
HCP. The purpose of the proposed
HCP’s conservation program is to
promote the biological conservation of
the gnatcatcher. The HCP includes
measures to minimize impacts to
gnatcatcher by scheduling vegetation
removal outside of the breeding season
(February 15 to August 15). The project
may result in take of one (1) pair of
gnatcatchers and will permanently
impact 5.36 acres of coastal sage scrub
(CSS) and temporarily impact 6.71 acres
of CSS. The applicant proposes to
mitigate impacts to the gnatcatcher by
revegetating 8.01 acres of the disturbed
CSS onsite and restoring 9.42 acres of
CSS offsite.
The Proposed Action consists of the
issuance of an incidental take permit
and implementation of the proposed
HCP, which includes measures to
minimize and mitigate impacts of the
project on the gnatcatcher. Three
alternatives to the taking of the listed
species under the Proposed Action are
considered in the proposed HCP. Under
the No Action Alternative, no permit
would be issued, and no construction or
conservation would occur. This
alternative would not comply with the
settlement agreement to repair the
landslide. The Offsite Alternative is not
feasible because the proposed project
involves an existing landslide which
occurs within the proposed project site.
A Reduce Project Alternative is also not
feasible because the proposed project
represents the minimum grading and
construction footprint necessary to
reconstruct the slope and permanently
stabilize the slide.
The Service has made a preliminary
determination that approval of the
proposed HCP qualifies as a categorical
exclusion under NEPA, as provided by
the Department of the Interior Manual
(516 DM8) 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 HCP
would result in minor or negligible
effects on federally listed, proposed, and
candidate species and their habitats; (2)
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Fmt 4703
Sfmt 4703
Implementation of the proposed HCP
would result in minor or negligible
effects on other environmental values or
resources; and (3) Impacts of the
proposed HCP, 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.
Before including your address, phone
number, e-mail address, or other
personal identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
This notice is provided pursuant to
section 10(c) of the Act. We will
evaluate the permit application, the
proposed HCP, 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 Seaview Repair LLC for the
incidental take of the coastal California
gnatcatcher from landslide remediation
in the City of San Clemente, Orange
County, California.
Dated: August 30, 2007.
Jim A. Bartel,
Field Supervisor, Carlsbad Fish and Wildlife
Office, Carlsbad, California.
[FR Doc. E7–17592 Filed 9–5–07; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Restoration of Habitat for Utah Prairie
Dogs on Private Land in Utah
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability: Safe
harbor agreement and receipt of
application for an enhancement of
survival permit.
AGENCY:
SUMMARY: The Panoramaland Resources
Conservation and Development Council
(applicant) has applied to the Fish and
Wildlife Service (Service, us) for an
E:\FR\FM\06SEN1.SGM
06SEN1
]]>Agencies
[Federal Register Volume 72, Number 172 (Thursday, September 6, 2007)]
[Notices]
[Pages 51243-51244]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-17592]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Proposed Low Effect Habitat Conservation Plan for the Bellota
Landslide Repair and Shorecliffs Mobile Home Neighborhood Expansion,
City of San Clemente, County of Orange, CA
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability.
-----------------------------------------------------------------------
SUMMARY: Seaview Repair LLC (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 threatened coastal California gnatcatcher
(Polioptila californica californica, ``gnatcatcher'') associated with
the proposed landslide remediation project in the City of San Clemente,
Orange County, California. A conservation program to minimize and
mitigate for the project activities would be implemented as described
in the proposed Bellota Landslide Repair and Shorecliffs Mobile Home
Neighborhood Expansion Low Effect Habitat Conservation Plan (proposed
HCP), which would be implemented by the applicant.
We are requesting comments on the permit application and on the
preliminary determination that the proposed HCP 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
Screening Form, which are also available for public review.
DATES: Written comments should be received on or before October 9,
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.
[[Page 51244]]
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 HCP, 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 HCP 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 to 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.
The applicant proposes to repair a landslide within a 16.33-acre
project site that occurred on a slope adjacent to Via Bellota in the
City of San Clemente, California. The proposed landslide remediation
would involve remedial grading and construction of a landslide buttress
at the westerly end of the canyon to stabilize the slide area. The
slope would be graded and stabilized with shear pins every 10 feet. A
collapsed underground stormdrain pipe that currently extends through
the canyon bottom would be replaced to minimize the risk of pipe
failures that could result in soil saturation and additional slope
instability. An additional slope failure at the southwest end of the
proposed landslide repair would be graded, excavated, filled, compacted
and have hydroaugers (horizontal drains) installed which would outlet
to the stormdrain being constructed for the landslide repair.
Construction of a gunite terrace and down drains, which would outlet at
the bottom of the slope, would occur on the surface of the finished
slope. The repair of this slope failure would be concurrent with the
stabilization of the landslide. Additionally, the proposed project
would include the construction and sale of 20 graded lots within the
Shorecliffs Mobile Home Park.
The applicant proposes to minimize and mitigate the effects to the
gnatcatcher associated with the covered activities by fully
implementing the HCP. The purpose of the proposed HCP's conservation
program is to promote the biological conservation of the gnatcatcher.
The HCP includes measures to minimize impacts to gnatcatcher by
scheduling vegetation removal outside of the breeding season (February
15 to August 15). The project may result in take of one (1) pair of
gnatcatchers and will permanently impact 5.36 acres of coastal sage
scrub (CSS) and temporarily impact 6.71 acres of CSS. The applicant
proposes to mitigate impacts to the gnatcatcher by revegetating 8.01
acres of the disturbed CSS onsite and restoring 9.42 acres of CSS
offsite.
The Proposed Action consists of the issuance of an incidental take
permit and implementation of the proposed HCP, which includes measures
to minimize and mitigate impacts of the project on the gnatcatcher.
Three alternatives to the taking of the listed species under the
Proposed Action are considered in the proposed HCP. Under the No Action
Alternative, no permit would be issued, and no construction or
conservation would occur. This alternative would not comply with the
settlement agreement to repair the landslide. The Offsite Alternative
is not feasible because the proposed project involves an existing
landslide which occurs within the proposed project site. A Reduce
Project Alternative is also not feasible because the proposed project
represents the minimum grading and construction footprint necessary to
reconstruct the slope and permanently stabilize the slide.
The Service has made a preliminary determination that approval of
the proposed HCP qualifies as a categorical exclusion under NEPA, as
provided by the Department of the Interior Manual (516 DM8) 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 HCP would result in minor or negligible
effects on federally listed, proposed, and candidate species and their
habitats; (2) Implementation of the proposed HCP would result in minor
or negligible effects on other environmental values or resources; and
(3) Impacts of the proposed HCP, 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.
Before including your address, phone number, e-mail address, or
other personal identifying information in your comment, you should be
aware that your entire comment--including your personal identifying
information--may be made publicly available at any time. While you can
ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.
This notice is provided pursuant to section 10(c) of the Act. We
will evaluate the permit application, the proposed HCP, 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 Seaview Repair LLC for the incidental take of
the coastal California gnatcatcher from landslide remediation in the
City of San Clemente, Orange County, California.
Dated: August 30, 2007.
Jim A. Bartel,
Field Supervisor, Carlsbad Fish and Wildlife Office, Carlsbad,
California.
[FR Doc. E7-17592 Filed 9-5-07; 8:45 am]
BILLING CODE 4310-55-P
