Proposed Habitat Conservation Plan for the Federally Threatened Coastal California Gnatcatcher in Connection With the Jamacha Road 36-Inch Pipeline Construction Project (CIP P2009) in San Diego County, CA, 43722-43723 [E9-20660]
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Federal Register / Vol. 74, No. 165 / Thursday, August 27, 2009 / Notices
ramona_delorme@blm.gov. Please
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DEPARTMENT OF THE INTERIOR
Dated August 20, 2009.
Edwin L. Roberson,
Assistant Director, Renewable Resources and
Planning.
[FR Doc. E9–20675 Filed 8–26–09; 8:45 am]
Proposed Habitat Conservation Plan
for the Federally Threatened Coastal
California Gnatcatcher in Connection
With the Jamacha Road 36-Inch
Pipeline Construction Project (CIP
P2009) in San Diego County, CA
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Sally Sovey,
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VerDate Nov<24>2008
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Jkt 217001
[FWS–R8–ES–2009–N177; 81430–1112–
0000–F2]
AGENCY: Fish and Wildlife Service,
Interior.
ACTION: Notice of availability.
DEPARTMENT OF THE INTERIOR
ACTION:
Fish and Wildlife Service
SUMMARY: We, the U.S. Fish and
Wildlife Service (Service), have received
an application from the Otay Water
District (OWD) for a 5-year incidental
take permit for one covered species
under the Endangered Species Act of
1973 (Act), as amended. The application
addresses the potential for ‘‘take’’ of the
federally threatened coastal California
gnatcatcher (Polioptila californica
californica) associated with the
construction of a 36-inch pipeline
(OWD CIP P2009) along Jamacha Road
in the City of El Cajon and
unincorporated community of Rancho
San Diego in the County of San Diego,
California. A habitat conservation
program (HCP) to mitigate for the
project activities would be implemented
by OWD. We are requesting comments
on the HCP and our 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 and
Low Effect Screening Form (Screening
Form), which is also available for public
review.
DATES: To ensure consideration, we
must receive your written comments by
September 28, 2009.
ADDRESSES: Send comments by U.S.
mail to Jim Bartel, Field Supervisor,
U.S. Fish and Wildlife Service, Carlsbad
Fish and Wildlife Office, 6010 Hidden
Valley Road, Suite 101, Carlsbad, CA
92011, or by fax to (760) 431–5901.
FOR FURTHER INFORMATION CONTACT: Ms.
Karen Goebel, Assistant Field
Supervisor, Carlsbad Fish and Wildlife
Office (see ADDRESSES); telephone (760)
431–9440, extension 296.
SUPPLEMENTARY INFORMATION: We have
received an application from OWD for
an incidental take permit for the
federally threatened coastal California
gnatcatcher (Polioptila californica
PO 00000
Frm 00059
Fmt 4703
Sfmt 4703
californica) (gnatcatcher). A
conservation program to mitigate for the
project activities would be implemented
by OWD as described in the Habitat
Conservation Plan for the Federally
Threatened Coastal California
Gnatcatcher in Connection with the
Jamacha Road 36-inch Pipeline
Construction Project (CIP P2009) in San
Diego County, California (HCP), July,
2009. This species is referred to as the
‘‘gnatcatcher’’ in the proposed HCP.
We are requesting comments on the
HCP and our 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 Screening Form.
Availability of Documents
Individuals wishing copies of the
proposed HCP and Screening Form,
which includes the Environmental
Action Statement, should immediately
contact us by telephone at (760) 431–
9440 or by letter to the Carlsbad Fish
and Wildlife Office (see ADDRESSES).
Copies of the proposed HCP and
Screening Form also are available for
public inspection during regular
business hours at the same office.
Background
Section 9 of the Act (16 U.S.C. 1531
et seq.) and its implementing Federal
regulations prohibit the take of animal
species listed as endangered or
threatened. Take is defined under the
Act as follows: To harass, harm, pursue,
hunt, shoot, wound, kill, trap, capture,
or collect listed animal species, or to
attempt to engage in such conduct (16
U.S.C. 1538). However, under section
10(a) of the Act, we 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 (October 1, 2006, 50
CFR 17.22) and (October 1, 2001, 50
CFR 17.32).
OWD is seeking a permit for take of
the gnatcatcher. The current known
range of the gnatcatcher extends from
the coastal slopes in southern
California, from southern Ventura
southward through Los Angeles,
Orange, Riverside, San Bernardino, and
San Diego Counties into Baja California,
Mexico, to approximately 30 degrees
North latitude near El Rosario.
E:\FR\FM\27AUN1.SGM
27AUN1
mstockstill on DSKH9S0YB1PROD with NOTICES
Federal Register / Vol. 74, No. 165 / Thursday, August 27, 2009 / Notices
OWD proposes to construct
approximately 5 miles of 36-inch
cement mortar lined and coated steel
pipeline to transfer potable water from
a flow control facility in the City of El
Cajon to two OWD reservoirs in the
unincorporated community of Rancho
San Diego. The pipeline will provide 12
million gallons (mgd) of potable water
per day of on-peak capacity and 16 mgd
of off-peak capacity. The proposed
pipeline will be constructed in existing
roadways for approximately 22,600 feet
(4.2 miles) from the northwest corner of
Lexington Avenue and Third Street in
the City of El Cajon, to Fury Lane in
Rancho San Diego. The proposed
pipeline would then continue for
approximately 4,300 feet (0.8 miles) as
it passes through both disturbed and
vegetated areas along the southern
boundary of Cuyamaca Community
College before terminating at OWD’s
Regulatory Site, where it would connect
to the reservoirs. Maintenance activities
in subsequent years will be limited to
annual visual inspections of the valves
and blow-offs located along the
pipeline, all of which occur within or
immediately adjacent to (and would be
accessible via) existing developed or
disturbed areas. Up to 0.95 acre (ac) of
coastal California gnatcatcher habitat
may be temporarily lost through
implementation of the HCP over 5 years.
OWD proposes to mitigate the effects
to the gnatcatcher by fully
implementing the HCP. The HCP
emphasizes protection of habitat
through impact avoidance and use of
operational protocols designed to avoid
or minimize impacts to the gnatcatcher.
OWD will supplement these operational
protocols, or avoidance and
minimization measures, with onsite
habitat restoration, by re-seeding the
0.95-ac impact site with a Diegan coastal
sage scrub (DCSS) mixture approved by
the Service. Additionally, OWD will
permanently conserve and manage highquality gnatcatcher habitat by deducting
credits from the San Miguel Habitat
Management Area (HMA).
The Proposed Action consists of the
issuance of an incidental take permit
and implementation of the proposed
HCP. Three alternatives to the proposed
action are considered in the HCP. Under
the no-project alternative, a permit
would not be issued, and OWD would
avoid take of the coastal California
gnatcatcher. However, this alternative
would not allow for the necessary
transfer of water from the Otay 14 Flow
Control Facility to OWD’s 640–1 and
640–2 reservoirs. In addition, the noproject alternative would not be in
compliance with the agreement between
the San Diego County Water Authority
VerDate Nov<24>2008
17:19 Aug 26, 2009
Jkt 217001
and OWD for design, construction,
operation, and maintenance of
modifications to the Otay 14 Flow
Control Facility, executed on January
24, 2007, which requires the
construction of the 36-inch pipeline to
transfer the necessary amount of water;
OWD’s existing 24-inch line is not
sufficient to transfer the amount of
water specified in the agreement. The
second alternative would be to defer the
project until a larger, multi-agency
multiple species habitat conservation
plan could be developed. This
alternative was rejected because delays
in the construction of the 36-inch
pipeline would not allow OWD to meet
the aforementioned contractual water
transfer requirements. The third
alternative entails a different route for
the southern portion of the alignment
that would continue on Campo Road to
the entrance of OWD’s Regulatory Site
and then head north along the
Regulatory Site driveway, concluding at
the reservoirs. This alternative would
result in impacts to approximately 0.75
ac of coastal sage scrub located along
the existing driveway to the Regulatory
Site. This alternative was rejected
because of excessively higher costs,
negative traffic impacts, and negative
effects to OWD operations at the
Regulatory Site. Additionally, this
alternative would not significantly
reduce impacts to gnatcatcher-occupied
coastal sage scrub from those associated
with the proposed project (i.e., 0.75 ac
versus 0.95 ac). The proposed project
would be more cost-effective, efficient,
and timely.
We have 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 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
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 that would be
considered significant.
PO 00000
Frm 00060
Fmt 4703
Sfmt 4703
43723
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 Availability of Comments
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.
Authority
We provide this notice pursuant to
section 10(c) of the Act.
Next Steps
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 OWD for the
incidental take of the coastal California
gnatcatcher associated with the
construction, operation, and
maintenance of the Jamacha Road 36inch Pipeline (CIP P2009) in San Diego
County, California.
Dated: August 21, 2009.
Jim A. Bartel,
Field Supervisor, Carlsbad Fish and Wildlife
Office, Carlsbad, California.
[FR Doc. E9–20660 Filed 8–26–09; 8:45 am]
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]]>Agencies
[Federal Register Volume 74, Number 165 (Thursday, August 27, 2009)]
[Notices]
[Pages 43722-43723]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-20660]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R8-ES-2009-N177; 81430-1112-0000-F2]
Proposed Habitat Conservation Plan for the Federally Threatened
Coastal California Gnatcatcher in Connection With the Jamacha Road 36-
Inch Pipeline Construction Project (CIP P2009) in San Diego County, CA
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have
received an application from the Otay Water District (OWD) for a 5-year
incidental take permit for one covered species under the Endangered
Species Act of 1973 (Act), as amended. The application addresses the
potential for ``take'' of the federally threatened coastal California
gnatcatcher (Polioptila californica californica) associated with the
construction of a 36-inch pipeline (OWD CIP P2009) along Jamacha Road
in the City of El Cajon and unincorporated community of Rancho San
Diego in the County of San Diego, California. A habitat conservation
program (HCP) to mitigate for the project activities would be
implemented by OWD. We are requesting comments on the HCP and our
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 and Low Effect Screening Form (Screening
Form), which is also available for public review.
DATES: To ensure consideration, we must receive your written comments
by September 28, 2009.
ADDRESSES: Send comments by U.S. mail to Jim Bartel, Field Supervisor,
U.S. Fish and Wildlife Service, Carlsbad Fish and Wildlife Office, 6010
Hidden Valley Road, Suite 101, Carlsbad, CA 92011, or by fax to (760)
431-5901.
FOR FURTHER INFORMATION CONTACT: Ms. Karen Goebel, Assistant Field
Supervisor, Carlsbad Fish and Wildlife Office (see ADDRESSES);
telephone (760) 431-9440, extension 296.
SUPPLEMENTARY INFORMATION: We have received an application from OWD for
an incidental take permit for the federally threatened coastal
California gnatcatcher (Polioptila californica californica)
(gnatcatcher). A conservation program to mitigate for the project
activities would be implemented by OWD as described in the Habitat
Conservation Plan for the Federally Threatened Coastal California
Gnatcatcher in Connection with the Jamacha Road 36-inch Pipeline
Construction Project (CIP P2009) in San Diego County, California (HCP),
July, 2009. This species is referred to as the ``gnatcatcher'' in the
proposed HCP.
We are requesting comments on the HCP and our 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 Screening Form.
Availability of Documents
Individuals wishing copies of the proposed HCP and Screening Form,
which includes the Environmental Action Statement, should immediately
contact us by telephone at (760) 431-9440 or by letter to the Carlsbad
Fish and Wildlife Office (see ADDRESSES). Copies of the proposed HCP
and Screening Form also are available for public inspection during
regular business hours at the same office.
Background
Section 9 of the Act (16 U.S.C. 1531 et seq.) and its implementing
Federal regulations prohibit the take of animal species listed as
endangered or threatened. Take is defined under the Act as follows: To
harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or
collect listed animal species, or to attempt to engage in such conduct
(16 U.S.C. 1538). However, under section 10(a) of the Act, we 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
(October 1, 2006, 50 CFR 17.22) and (October 1, 2001, 50 CFR 17.32).
OWD is seeking a permit for take of the gnatcatcher. The current
known range of the gnatcatcher extends from the coastal slopes in
southern California, from southern Ventura southward through Los
Angeles, Orange, Riverside, San Bernardino, and San Diego Counties into
Baja California, Mexico, to approximately 30 degrees North latitude
near El Rosario.
[[Page 43723]]
OWD proposes to construct approximately 5 miles of 36-inch cement
mortar lined and coated steel pipeline to transfer potable water from a
flow control facility in the City of El Cajon to two OWD reservoirs in
the unincorporated community of Rancho San Diego. The pipeline will
provide 12 million gallons (mgd) of potable water per day of on-peak
capacity and 16 mgd of off-peak capacity. The proposed pipeline will be
constructed in existing roadways for approximately 22,600 feet (4.2
miles) from the northwest corner of Lexington Avenue and Third Street
in the City of El Cajon, to Fury Lane in Rancho San Diego. The proposed
pipeline would then continue for approximately 4,300 feet (0.8 miles)
as it passes through both disturbed and vegetated areas along the
southern boundary of Cuyamaca Community College before terminating at
OWD's Regulatory Site, where it would connect to the reservoirs.
Maintenance activities in subsequent years will be limited to annual
visual inspections of the valves and blow-offs located along the
pipeline, all of which occur within or immediately adjacent to (and
would be accessible via) existing developed or disturbed areas. Up to
0.95 acre (ac) of coastal California gnatcatcher habitat may be
temporarily lost through implementation of the HCP over 5 years.
OWD proposes to mitigate the effects to the gnatcatcher by fully
implementing the HCP. The HCP emphasizes protection of habitat through
impact avoidance and use of operational protocols designed to avoid or
minimize impacts to the gnatcatcher. OWD will supplement these
operational protocols, or avoidance and minimization measures, with
onsite habitat restoration, by re-seeding the 0.95-ac impact site with
a Diegan coastal sage scrub (DCSS) mixture approved by the Service.
Additionally, OWD will permanently conserve and manage high-quality
gnatcatcher habitat by deducting credits from the San Miguel Habitat
Management Area (HMA).
The Proposed Action consists of the issuance of an incidental take
permit and implementation of the proposed HCP. Three alternatives to
the proposed action are considered in the HCP. Under the no-project
alternative, a permit would not be issued, and OWD would avoid take of
the coastal California gnatcatcher. However, this alternative would not
allow for the necessary transfer of water from the Otay 14 Flow Control
Facility to OWD's 640-1 and 640-2 reservoirs. In addition, the no-
project alternative would not be in compliance with the agreement
between the San Diego County Water Authority and OWD for design,
construction, operation, and maintenance of modifications to the Otay
14 Flow Control Facility, executed on January 24, 2007, which requires
the construction of the 36-inch pipeline to transfer the necessary
amount of water; OWD's existing 24-inch line is not sufficient to
transfer the amount of water specified in the agreement. The second
alternative would be to defer the project until a larger, multi-agency
multiple species habitat conservation plan could be developed. This
alternative was rejected because delays in the construction of the 36-
inch pipeline would not allow OWD to meet the aforementioned
contractual water transfer requirements. The third alternative entails
a different route for the southern portion of the alignment that would
continue on Campo Road to the entrance of OWD's Regulatory Site and
then head north along the Regulatory Site driveway, concluding at the
reservoirs. This alternative would result in impacts to approximately
0.75 ac of coastal sage scrub located along the existing driveway to
the Regulatory Site. This alternative was rejected because of
excessively higher costs, negative traffic impacts, and negative
effects to OWD operations at the Regulatory Site. Additionally, this
alternative would not significantly reduce impacts to gnatcatcher-
occupied coastal sage scrub from those associated with the proposed
project (i.e., 0.75 ac versus 0.95 ac). The proposed project would be
more cost-effective, efficient, and timely.
We have 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 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 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 that 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 Availability of Comments
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.
Authority
We provide this notice pursuant to section 10(c) of the Act.
Next Steps
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 OWD for the incidental take of the
coastal California gnatcatcher associated with the construction,
operation, and maintenance of the Jamacha Road 36-inch Pipeline (CIP
P2009) in San Diego County, California.
Dated: August 21, 2009.
Jim A. Bartel,
Field Supervisor, Carlsbad Fish and Wildlife Office, Carlsbad,
California.
[FR Doc. E9-20660 Filed 8-26-09; 8:45 am]
BILLING CODE 4310-55-P
