San Diego County Water Authority Subregional Natural Community Conservation Program/Habitat Conservation Plan, San Diego and Riverside Counties, CA; Final Environmental Impact Statement and Habitat Conservation Plan, 6491-6493 [2011-2264]
Download as PDF
Federal Register / Vol. 76, No. 24 / Friday, February 4, 2011 / Notices
The applicant requests an amendment
to an existing permit (February 22, 2000,
65 FR 8731) to take (survey, capture,
handle 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–32399A
Applicant: Judson D. Sechrist,
Denver, Colorado.
The applicant requests a permit to
take (capture, handle, collect, transport,
and kill) the Lost River sucker (Deltistes
luxatus) and the shortnose sucker
(Chasmistes brevirostris) in conjunction
with research, entrainment
minimization studies, and testing
effectiveness of non-physical fish
barriers in Klamath County, Oregon, for
the purpose of enhancing their survival.
Permit No. TE–170381
Applicant: William F. Stagnaro, San
Francisco, California.
The applicant requests an amendment
to an existing permit (December 16,
2009, 74 FR 66668) to take (collect
tissue samples) the California tiger
salamander (Ambystoma californiense)
in conjunction with genetic studies
throughout the range of the species in
California for the purpose of enhancing
its survival.
We invite public review and comment
on each of these recovery permit
applications. Comments and materials
we receive will be available for public
inspection, by appointment, during
normal business hours at the address
listed in the ADDRESSES section of this
notice.
Michael Long,
Acting Regional Director, Region 8,
Sacramento, California.
[FR Doc. 2011–2425 Filed 2–3–11; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
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[FWS–R8–ES–2010–N261; 80221–1112–
80221–F2]
San Diego County Water Authority
Subregional Natural Community
Conservation Program/Habitat
Conservation Plan, San Diego and
Riverside Counties, CA; Final
Environmental Impact Statement and
Habitat Conservation Plan
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability.
AGENCY:
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Under the National
Environmental Policy Act (NEPA), we,
the Fish and Wildlife Service (Service),
announce the availability of the final
Environmental Impact Report (EIR)/
Environmental Impact Statement (EIS)
on the application from the San Diego
County Water Authority (Water
Authority; Applicant) for an incidental
take permit under section 10(a)(1)(B) of
the Endangered Species Act of 1973, as
amended (Act). We also announce the
availability of the Water Authority’s
Subregional Natural Community
Conservation Program/Habitat
Conservation Plan (NCCP/HCP), which
the applicant has submitted with their
incidental take permit application and
Implementing Agreement (IA). If issued,
the permit would authorize incidental
take of species for a 55-year term during
construction, operations, and
maintenance activities by the Applicant
in San Diego and Riverside Counties,
California.
DATES: A record of decision will be
signed no sooner than 30 days after the
publication of the Environmental
Protection Agency (EPA) notice of the
Final EIS in the Federal Register. We
must receive any comments by 5 p.m.
on March 7, 2011.
ADDRESSES: Send comments by U.S.
mail to Mr. Jim Bartel, Field Supervisor,
at Carlsbad Fish and Wildlife Office,
6010 Hidden Valley Road, Suite 101,
Carlsbad, CA 92011; or by facsimile to
(760) 431–5902.
FOR FURTHER INFORMATION CONTACT:
Ms. Karen A. Goebel, Assistant Field
Supervisor, at the Carlsbad Fish and
Wildlife Office address above; or
telephone (760) 431–9440.
SUPPLEMENTARY INFORMATION: We advise
the public of the availability of the final
EIR/EIS on the application from Water
Authority for an incidental take permit.
The EIR portion of the joint document
was prepared by the Water Authority in
compliance with the California
Environmental Quality Act (CEQA).
We also announce the availability of
the Water Authority Subregional
Natural Community Conservation
Program/Habitat Conservation Plan
(NCCP/HCP), which the applicant has
submitted with their incidental take
permit application and Implementing
Agreement (IA). If issued, the permit
would authorize incidental take of 37
animal species and provide assurances
for 26 plant species (including 18
federally listed species) during the
proposed 55-year term of the permit.
The permit is needed because incidental
take of federally listed animal species
could occur during construction,
operations, and maintenance activities
SUMMARY:
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6491
by the Applicant within the
approximately 992,000-acre (401,450hectare) Plan Area in western San Diego
County and south-central Riverside
County, California.
Availability of Documents
Documents available for public
review include the final EIR/EIS which
includes response to public comments
received on the draft EIR/EIS, the Water
Authority NCCP/HCP, and the IA. For
copies of the documents, please contact
the Service by telephone at (760) 431–
9440, or by letter to the Carlsbad Fish
and Wildlife Office (see FOR FURTHER
INFORMATION CONTACT). Copies of the
documents also are available for public
review, by appointment, during regular
business hours, at the Carlsbad Fish and
Wildlife Office or at the San Diego
County Water Authority Office (4677
Overland Avenue, San Diego, CA
92123). Copies are also available for
viewing in select San Diego County and
Riverside County public libraries (listed
below) and at the Water Authority’s
Web site: https://www.sdcwa.org/.
1. Carlsbad Public Library—Reference
Desk. 1775 Dove Lane, Carlsbad, CA
92009.
2. Chula Vista Public Library—
Reference Desk. 365 F Street, Chula
Vista, CA 91910.
3. Escondido Public Library—
Reference Desk. 239 S. Kalmia Street,
Escondido, CA 92025.
4. Lakeside Public Library—Reference
Desk. 9839 Vine Street, Lakeside, CA
92040.
5. Mission Valley Branch Library—
Reference Desk. 2123 Fento Parkway,
San Diego, CA 92108.
6. San Diego Public Library—
Reference Desk. 820 E Street, San Diego,
CA 92101.
7. Temecula Public Library—
Reference Desk. 30600 Pauba Road,
Temecula, CA 92592.
Background
Section 9 of the Endangered Species
Act of 1973, as amended (Act; 16 U.S.C.
1531 et seq.), and Federal regulations
prohibit the ‘‘take’’ of fish and wildlife
species federally listed as endangered or
threatened. Take of federally listed fish
or wildlife is defined under the Act as
to harass, harm, pursue, hunt, shoot,
wound, kill, trap, capture, or collect
listed species, or attempt to engage in
such conduct (16 U.S.C. 1538). ‘‘Harm’’
includes significant habitat modification
or degradation that actually kills or
injures listed wildlife by significantly
impairing essential behavioral patterns,
including breeding, feeding, and
sheltering (50 CFR 17.3(c)). Under
limited circumstances, we may issue
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permits to authorize incidental take,
which is defined under the Act as take
that is incidental to, and not the
purpose of, otherwise lawful activities.
Although take of plant species is not
prohibited under the Act, and therefore
cannot be authorized under an
incidental take permit, plant species are
proposed to be included on the permit
in recognition of the conservation
benefits provided to them under the
NCCP/HCP. Regulations governing
incidental take permits for threatened
and endangered species are found in 50
CFR 17.32 and 17.22, respectively. All
species included on the incidental take
permit, if issued, would receive
assurances under the Service’s ‘‘No
Surprises’’ regulation (50 CFR
17.22(b)(5) and 17.32(b)(5)).
The Applicant seeks incidental take
authorization for 37 animal species and
assurances for 26 plant species.
Collectively the 63 listed and unlisted
species are referred to as ‘‘Covered
Species’’ by the NCCP/HCP and include
26 plant species (5 endangered, 5
threatened, and 16 unlisted); 5
invertebrate species (3 endangered and
2 unlisted); 2 amphibian species (1
endangered and 1 unlisted); 9 reptile
species (all unlisted); 13 bird species (2
endangered, 1 threatened, and 10
unlisted); and 8 mammal species (1
endangered and 7 unlisted). Take
authorized for listed covered animal
species would be effective upon permit
issuance. For currently unlisted covered
animal species, take authorization
would become effective concurrent with
listing, should the species be listed
under the Act during the permit term.
The proposed permit would include
the following eight federally listed
animal species: Stephens’ kangaroo rat
(Dipodomys stephensi; endangered),
least Bell’s vireo (Vireo bellii pusillus;
endangered), coastal California
gnatcatcher (Polioptila californica
californica; threatented), southwestern
willow flycatcher (Empidonax traillii
extimus; endangered), arroyo toad
(Anaxyrus (=Bufo) californicus;
endangered), Quino checkerspot
butterfly (Euphydryas editha quino;
endangered), Riverside fairy shrimp
(Streptocephalus woottoni; endangered),
and San Diego fairy shrimp
(Branchinecta sandiegoensis;
endangered). The proposed permit
would include assurances for the
following 10 federally listed plant
species: Encinitas baccharis (Baccharis
vanessae; threatened), Otay mesa mint
(Pogogyne nudiuscula; endangered),
Otay tarplant (Deinandra conjugens;
threatened), San Diego ambrosia
(Ambrosia pumila; endangered), San
Diego button-celery (Eryngium
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aristulatum var. parishii; endangered),
San Diego mesa mint (Pogogyne
abramsii; endangered), San Diego thornmint (Acanthomintha ilicifolia;
threatened), spreading navarretia
(Navarretia fossalis; threatened), threadleaved brodiaea (Brodiaea filifolia;
threatened), and willowy monardella
(Monardella viminea; endangered). See
the final EIR/EIS and NCCP/HCP for
information on unlisted species
proposed for coverage under the permit.
The Water Authority NCCP/HCP is
intended to protect and sustain viable
populations of native plant and animal
species and their habitats in perpetuity
through avoidance, minimization, and
mitigation measures, including
purchase of lands for permanent
conservation and use of mitigation
credits in mitigation banks previously
established to address mitigation
requirements associated with the
proposed NCCP/HCP. The proposed
NCCP/HCP and permit would
accommodate the Water Authority’s
ongoing operations and maintenance
requirements, future facility upgrades,
and construction of new facilities that
are needed to maintain a safe, reliable
water source to its member agencies and
the San Diego region.
The Water Authority’s NCCP/HCP
Plan Area encompasses approximately
992,000 acres (401,450 hectares) in
western San Diego County and the
vicinity of Lake Skinner in south-central
Riverside County. The NCCP/HCP is
intended to function independently of
other HCPs within the San Diego region
[e.g., San Diego Multiple Species
Conservation Plan (MSCP) and its
associated subarea plans, and Western
Riverside County’s Multiple Species
Habitat Conservation Plan (MSHCP)].
As described in the NCCP/HCP and
the final EIR/EIS, the proposed NCCP/
HCP would provide protection measures
for species on Water Authority property
and easements, in part by using
available mitigation credits from
mitigation banks previously established
or in planning by the Water Authority
as habitat management areas (HMAs).
Covered activities, including planned
and future projects, are estimated to
impact up to 373 acres (151 hectares) of
habitat for Covered Species that will
require mitigation over the 55-year term
of the permit. When on-site mitigation
for permanent impacts is not feasible,
available mitigation credits would be
debited from HMAs in accordance with
in-kind mitigation ratios identified in
the NCCP/HCP. The Water Authority
has established four HMAs (including
three upland properties and one
wetland creation property) and will
establish two addition wetland HMAs
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totaling 1,920 acres (775 hectares), for
which the Water Authority has or will
provide endowments for permanent
management. Of these acres,
approximately 700 acres (283 hectares)
would be available as credits to mitigate
for project impacts to Covered Species.
Costs associated with the NCCP/HCP
would be funded as a capital cost under
the Water Authority Capital
Improvement Program’s (CIP) Mitigation
Program or within individually
approved CIP project budgets, and/or
the annual operating budget of the
Water Authority’s Water Resources
Department. The Water Authority
estimates its long-term financial needs
based on the CIP and has adopted a 2year budget cycle to address short-term
funding and expenditures. Also,
contingency measures have been
included in the plan should the Water
Authority’s costs to implement,
monitor, and report on the NCCP/HCP’s
measures exceed the budgeted amount.
The Water Authority maintains a
diverse revenue base and consistently
evaluates existing and potential revenue
sources to ensure that funding of all
Water Authority projects is adequate.
The NCCP/HCP includes measures to
avoid, minimize, and mitigate
incidental take of the Covered Species,
emphasizing project design
modifications to protect Covered
Species and their habitats. A monitoring
and reporting plan would gauge the
Plan’s success based on achievement of
biological goals and objectives and
would ensure that conservation keeps
pace with development. The NCCP/HCP
also includes a management program,
including adaptive management, which
allows for changes in the conservation
program if the biological species
objectives are not met or if new
information becomes available to
improve the efficacy of the NCCP/HCP’s
conservation strategy.
Covered Activities would include
developing new water transmission,
storage, and flow management facilities,
in addition to conducting operation and
maintenance activities. These Covered
Activities fall under three primary
categories, including:
(1) Construction of Capital
Improvement Program Facilities;
(2) Operation and Maintenance
Activities; and
(3) Preserve Area Management,
Monitoring, and Adaptive Management
National Environmental Policy Act
Compliance
Our proposal to issue an incidental
take permit is a Federal Action that
triggers the need for compliance with
NEPA. Accordingly, as the Federal
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Federal Register / Vol. 76, No. 24 / Friday, February 4, 2011 / Notices
agency responsible for compliance
under NEPA, we have prepared jointly
with the Water Authority an EIR/EIS
that analyzes three alternatives in
addition to the proposed action (i.e.,
permit issuance based on the Water
Authority NCCP/HCP) described above.
The other alternatives include a noaction (i.e., no permit) alternative, a
larger species list alternative, and a
reduced plan area alternative. Two other
alternatives were considered during the
planning process but were not evaluated
because neither met the purpose and
need of both the Water Authority and
the Service; these alternatives involved
a no-take alternative and an alternative
requiring the Water Authority to
participate in other existing regional
HCPs.
The final EIR/EIS includes all
comments we received on the draft EIR/
EIS and our responses to those
comments. After the 30-day waiting
period, we will complete a Record of
Decision that announces our decision
on what action will be implemented and
discusses all factors leading to the
decision.
Public Involvement
We published a notice of intent to
prepare an EIS for this project in the
Federal Register on November 26, 2003
(68 FR 66478). The Service and Water
Authority held a public scoping meeting
on December 11, 2003. On March 4,
2010, we published a notice of
availability of the draft EIR/EIS, draft
Water Authority NCCP/HCP, and draft
IA in the Federal Register (75 FR 9921).
Public meetings were held on March 17
and March 18, 2010. The draft
documents were available for a 90-day
public comment period ending on June
2, 2010.
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Public Review
Copies of the final EIR/EIS, Water
Authority NCCP/HCP, and IA are
available for review (see Availability of
Documents). Any comments we receive
will become part of the administrative
record and may be available to the
public. 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 may 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.
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Dated: January 20, 2011.
Alexandra Pitts,
Deputy Regional Director, Pacific Southwest
Region, Sacramento, California.
[FR Doc. 2011–2264 Filed 2–3–11; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Notice of Intent to Prepare an
Environmental Impact Statement for
the Proposed K Road/Moapa Band of
Paiute Indians Photovoltaic Solar
Facility, Clark County, NV
Bureau of Indian Affairs,
Interior.
ACTION: Notice.
AGENCY:
This notice advises the public
that the Bureau of Indian Affairs (BIA),
as lead agency, with the Moapa Band of
Paiute Indians (Tribe), the Bureau of
Land Management (BLM), the
Environmental Protection Agency
(EPA), and the Army Corps of Engineers
(Corps), as cooperating agencies, intend
to gather information necessary for
preparing an environmental impact
statement (EIS) for the proposed Moapa
Band of Paiute Indians Solar Generation
Facility on the Moapa River Indian
Reservation, Nevada. This notice also
announces public scoping meetings to
identify potential issues and content for
inclusion in the EIS.
DATES: Written comments on the scope
and implementation of the proposal
must arrive by March 7, 2011. Several
public scoping meetings will be held
and notices will be published in local
newspapers announcing the dates and
locations of the meetings.
ADDRESSES: You may mail, e-mail, hand
carry or fax written comments to either
Ms. Amy Heuslein, Regional
Environmental Protection Officer, BIA
Western Regional Office Branch of
Environmental Quality Services, 2600
North Central Avenue, 4th Floor Mail
Room, Phoenix, AZ 85004–3008;
telephone: (602) 379–6750; fax: (602)
379–3833; e-mail:
amy.heuslein@bia.gov; or Mr. Paul
Schlafly, Natural Resource Officer, BIA
Southern Paiute Agency, 180 N. 200 E.,
Suite 111 or P.O. Box 720, St. George,
UT 84771; telephone: (435) 674–9720;
fax: (435) 674–9714; e-mail:
paul.schlafly@bia.gov.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Amy Heuslein at (602) 379–6750 or
amy.heuslein@bia.gov; or Mr. Paul
Schlafy at (435) 674–9720 or
paul.schlafly@bia.gov.
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Ms.
6493
The
proposed Federal action, taken under 25
U.S.C. 415, is the BIA approval of a
solar energy ground lease and associated
agreements entered into by the Moapa
Band of Paiute Indians with K Road
Moapa Solar LLC (K Road), and
associated approval of rights-of-way and
easements, for K Road to construct and
operate an up-to 350 MW solar
photovoltaic electricity generating
facility located entirely on Moapa tribal
lands. The Moapa Band of Paiute
Indians may use this EIS to make
decisions under the Tribal
Environmental Policy Ordinance. The
BLM may use this EIS to support a
decision for a proposed approximately
0.5 mile right-of-way across Federal
public lands adjoining the Moapa River
Indian Reservation. The right-of-way
may be used to link the proposed solar
generation facility to an existing
substation on a transmission line with a
rating up to 500 kilovolts. The USFWS
may use this EIS to support its decisions
under the Endangered Species Act.
The purposes of the proposed action
are to: (1) use the Tribe’s solar energy
resources and complete a transmission
line from the existing electrical grid to
the Tribe-owned travel plaza on
Interstate 15 (thereby reducing or
eliminating the use of diesel-powered
generation at the plaza, improving and
diversifying the economy of the Moapa
Band of Paiute Indians, and providing
other benefits to their members in an
environmentally compatible manner);
and (2) generate clean, renewable
electricity that can be efficiently
connected to existing transmission lines
to help utilities in the region meet their
renewable energy goals.
The EIS will assess the alternatives to,
and the environmental consequences of,
BIA approval, under 25 U.S.C. 415, of a
proposed solar energy ground lease and
associated agreements between the
Moapa Band of Paiute Indians as lessor
and K Road as lessee. The ground lease
will enable K Road to construct and
operate an up-to 350 MW solar
photovoltaic electricity generating
facility on approximately 2,000 acres of
tribal lands held in trust by the United
States and located on the Moapa River
Indian Reservation, Nevada. The facility
will utilize transformers to step up the
voltage to interconnection voltage,
which will facilitate a connection of the
facility with one or more of the
following: an existing transmission line
on tribal lands (up to 500 kV); the
existing 230 kV Crystal substation
operated by NV Energy outside tribal
lands; and/or the existing 500 kV
Crystal substation operated by NV
Energy outside tribal lands. The Crystal
SUPPLEMENTARY INFORMATION:
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Agencies
[Federal Register Volume 76, Number 24 (Friday, February 4, 2011)]
[Notices]
[Pages 6491-6493]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-2264]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R8-ES-2010-N261; 80221-1112-80221-F2]
San Diego County Water Authority Subregional Natural Community
Conservation Program/Habitat Conservation Plan, San Diego and Riverside
Counties, CA; Final Environmental Impact Statement and Habitat
Conservation Plan
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability.
-----------------------------------------------------------------------
SUMMARY: Under the National Environmental Policy Act (NEPA), we, the
Fish and Wildlife Service (Service), announce the availability of the
final Environmental Impact Report (EIR)/Environmental Impact Statement
(EIS) on the application from the San Diego County Water Authority
(Water Authority; Applicant) for an incidental take permit under
section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended
(Act). We also announce the availability of the Water Authority's
Subregional Natural Community Conservation Program/Habitat Conservation
Plan (NCCP/HCP), which the applicant has submitted with their
incidental take permit application and Implementing Agreement (IA). If
issued, the permit would authorize incidental take of species for a 55-
year term during construction, operations, and maintenance activities
by the Applicant in San Diego and Riverside Counties, California.
DATES: A record of decision will be signed no sooner than 30 days after
the publication of the Environmental Protection Agency (EPA) notice of
the Final EIS in the Federal Register. We must receive any comments by
5 p.m. on March 7, 2011.
ADDRESSES: Send comments by U.S. mail to Mr. Jim Bartel, Field
Supervisor, at Carlsbad Fish and Wildlife Office, 6010 Hidden Valley
Road, Suite 101, Carlsbad, CA 92011; or by facsimile to (760) 431-5902.
FOR FURTHER INFORMATION CONTACT:
Ms. Karen A. Goebel, Assistant Field Supervisor, at the Carlsbad
Fish and Wildlife Office address above; or telephone (760) 431-9440.
SUPPLEMENTARY INFORMATION: We advise the public of the availability of
the final EIR/EIS on the application from Water Authority for an
incidental take permit. The EIR portion of the joint document was
prepared by the Water Authority in compliance with the California
Environmental Quality Act (CEQA).
We also announce the availability of the Water Authority
Subregional Natural Community Conservation Program/Habitat Conservation
Plan (NCCP/HCP), which the applicant has submitted with their
incidental take permit application and Implementing Agreement (IA). If
issued, the permit would authorize incidental take of 37 animal species
and provide assurances for 26 plant species (including 18 federally
listed species) during the proposed 55-year term of the permit. The
permit is needed because incidental take of federally listed animal
species could occur during construction, operations, and maintenance
activities by the Applicant within the approximately 992,000-acre
(401,450-hectare) Plan Area in western San Diego County and south-
central Riverside County, California.
Availability of Documents
Documents available for public review include the final EIR/EIS
which includes response to public comments received on the draft EIR/
EIS, the Water Authority NCCP/HCP, and the IA. For copies of the
documents, please contact the Service by telephone at (760) 431-9440,
or by letter to the Carlsbad Fish and Wildlife Office (see FOR FURTHER
INFORMATION CONTACT). Copies of the documents also are available for
public review, by appointment, during regular business hours, at the
Carlsbad Fish and Wildlife Office or at the San Diego County Water
Authority Office (4677 Overland Avenue, San Diego, CA 92123). Copies
are also available for viewing in select San Diego County and Riverside
County public libraries (listed below) and at the Water Authority's Web
site: https://www.sdcwa.org/.
1. Carlsbad Public Library--Reference Desk. 1775 Dove Lane,
Carlsbad, CA 92009.
2. Chula Vista Public Library--Reference Desk. 365 F Street, Chula
Vista, CA 91910.
3. Escondido Public Library--Reference Desk. 239 S. Kalmia Street,
Escondido, CA 92025.
4. Lakeside Public Library--Reference Desk. 9839 Vine Street,
Lakeside, CA 92040.
5. Mission Valley Branch Library--Reference Desk. 2123 Fento
Parkway, San Diego, CA 92108.
6. San Diego Public Library--Reference Desk. 820 E Street, San
Diego, CA 92101.
7. Temecula Public Library--Reference Desk. 30600 Pauba Road,
Temecula, CA 92592.
Background
Section 9 of the Endangered Species Act of 1973, as amended (Act;
16 U.S.C. 1531 et seq.), and Federal regulations prohibit the ``take''
of fish and wildlife species federally listed as endangered or
threatened. Take of federally listed fish or wildlife is defined under
the Act as to harass, harm, pursue, hunt, shoot, wound, kill, trap,
capture, or collect listed species, or attempt to engage in such
conduct (16 U.S.C. 1538). ``Harm'' includes significant habitat
modification or degradation that actually kills or injures listed
wildlife by significantly impairing essential behavioral patterns,
including breeding, feeding, and sheltering (50 CFR 17.3(c)). Under
limited circumstances, we may issue
[[Page 6492]]
permits to authorize incidental take, which is defined under the Act as
take that is incidental to, and not the purpose of, otherwise lawful
activities. Although take of plant species is not prohibited under the
Act, and therefore cannot be authorized under an incidental take
permit, plant species are proposed to be included on the permit in
recognition of the conservation benefits provided to them under the
NCCP/HCP. Regulations governing incidental take permits for threatened
and endangered species are found in 50 CFR 17.32 and 17.22,
respectively. All species included on the incidental take permit, if
issued, would receive assurances under the Service's ``No Surprises''
regulation (50 CFR 17.22(b)(5) and 17.32(b)(5)).
The Applicant seeks incidental take authorization for 37 animal
species and assurances for 26 plant species. Collectively the 63 listed
and unlisted species are referred to as ``Covered Species'' by the
NCCP/HCP and include 26 plant species (5 endangered, 5 threatened, and
16 unlisted); 5 invertebrate species (3 endangered and 2 unlisted); 2
amphibian species (1 endangered and 1 unlisted); 9 reptile species (all
unlisted); 13 bird species (2 endangered, 1 threatened, and 10
unlisted); and 8 mammal species (1 endangered and 7 unlisted). Take
authorized for listed covered animal species would be effective upon
permit issuance. For currently unlisted covered animal species, take
authorization would become effective concurrent with listing, should
the species be listed under the Act during the permit term.
The proposed permit would include the following eight federally
listed animal species: Stephens' kangaroo rat (Dipodomys stephensi;
endangered), least Bell's vireo (Vireo bellii pusillus; endangered),
coastal California gnatcatcher (Polioptila californica californica;
threatented), southwestern willow flycatcher (Empidonax traillii
extimus; endangered), arroyo toad (Anaxyrus (=Bufo) californicus;
endangered), Quino checkerspot butterfly (Euphydryas editha quino;
endangered), Riverside fairy shrimp (Streptocephalus woottoni;
endangered), and San Diego fairy shrimp (Branchinecta sandiegoensis;
endangered). The proposed permit would include assurances for the
following 10 federally listed plant species: Encinitas baccharis
(Baccharis vanessae; threatened), Otay mesa mint (Pogogyne nudiuscula;
endangered), Otay tarplant (Deinandra conjugens; threatened), San Diego
ambrosia (Ambrosia pumila; endangered), San Diego button-celery
(Eryngium aristulatum var. parishii; endangered), San Diego mesa mint
(Pogogyne abramsii; endangered), San Diego thorn-mint (Acanthomintha
ilicifolia; threatened), spreading navarretia (Navarretia fossalis;
threatened), thread-leaved brodiaea (Brodiaea filifolia; threatened),
and willowy monardella (Monardella viminea; endangered). See the final
EIR/EIS and NCCP/HCP for information on unlisted species proposed for
coverage under the permit.
The Water Authority NCCP/HCP is intended to protect and sustain
viable populations of native plant and animal species and their
habitats in perpetuity through avoidance, minimization, and mitigation
measures, including purchase of lands for permanent conservation and
use of mitigation credits in mitigation banks previously established to
address mitigation requirements associated with the proposed NCCP/HCP.
The proposed NCCP/HCP and permit would accommodate the Water
Authority's ongoing operations and maintenance requirements, future
facility upgrades, and construction of new facilities that are needed
to maintain a safe, reliable water source to its member agencies and
the San Diego region.
The Water Authority's NCCP/HCP Plan Area encompasses approximately
992,000 acres (401,450 hectares) in western San Diego County and the
vicinity of Lake Skinner in south-central Riverside County. The NCCP/
HCP is intended to function independently of other HCPs within the San
Diego region [e.g., San Diego Multiple Species Conservation Plan (MSCP)
and its associated subarea plans, and Western Riverside County's
Multiple Species Habitat Conservation Plan (MSHCP)].
As described in the NCCP/HCP and the final EIR/EIS, the proposed
NCCP/HCP would provide protection measures for species on Water
Authority property and easements, in part by using available mitigation
credits from mitigation banks previously established or in planning by
the Water Authority as habitat management areas (HMAs). Covered
activities, including planned and future projects, are estimated to
impact up to 373 acres (151 hectares) of habitat for Covered Species
that will require mitigation over the 55-year term of the permit. When
on-site mitigation for permanent impacts is not feasible, available
mitigation credits would be debited from HMAs in accordance with in-
kind mitigation ratios identified in the NCCP/HCP. The Water Authority
has established four HMAs (including three upland properties and one
wetland creation property) and will establish two addition wetland HMAs
totaling 1,920 acres (775 hectares), for which the Water Authority has
or will provide endowments for permanent management. Of these acres,
approximately 700 acres (283 hectares) would be available as credits to
mitigate for project impacts to Covered Species. Costs associated with
the NCCP/HCP would be funded as a capital cost under the Water
Authority Capital Improvement Program's (CIP) Mitigation Program or
within individually approved CIP project budgets, and/or the annual
operating budget of the Water Authority's Water Resources Department.
The Water Authority estimates its long-term financial needs based on
the CIP and has adopted a 2-year budget cycle to address short-term
funding and expenditures. Also, contingency measures have been included
in the plan should the Water Authority's costs to implement, monitor,
and report on the NCCP/HCP's measures exceed the budgeted amount. The
Water Authority maintains a diverse revenue base and consistently
evaluates existing and potential revenue sources to ensure that funding
of all Water Authority projects is adequate.
The NCCP/HCP includes measures to avoid, minimize, and mitigate
incidental take of the Covered Species, emphasizing project design
modifications to protect Covered Species and their habitats. A
monitoring and reporting plan would gauge the Plan's success based on
achievement of biological goals and objectives and would ensure that
conservation keeps pace with development. The NCCP/HCP also includes a
management program, including adaptive management, which allows for
changes in the conservation program if the biological species
objectives are not met or if new information becomes available to
improve the efficacy of the NCCP/HCP's conservation strategy.
Covered Activities would include developing new water transmission,
storage, and flow management facilities, in addition to conducting
operation and maintenance activities. These Covered Activities fall
under three primary categories, including:
(1) Construction of Capital Improvement Program Facilities;
(2) Operation and Maintenance Activities; and
(3) Preserve Area Management, Monitoring, and Adaptive Management
National Environmental Policy Act Compliance
Our proposal to issue an incidental take permit is a Federal Action
that triggers the need for compliance with NEPA. Accordingly, as the
Federal
[[Page 6493]]
agency responsible for compliance under NEPA, we have prepared jointly
with the Water Authority an EIR/EIS that analyzes three alternatives in
addition to the proposed action (i.e., permit issuance based on the
Water Authority NCCP/HCP) described above. The other alternatives
include a no-action (i.e., no permit) alternative, a larger species
list alternative, and a reduced plan area alternative. Two other
alternatives were considered during the planning process but were not
evaluated because neither met the purpose and need of both the Water
Authority and the Service; these alternatives involved a no-take
alternative and an alternative requiring the Water Authority to
participate in other existing regional HCPs.
The final EIR/EIS includes all comments we received on the draft
EIR/EIS and our responses to those comments. After the 30-day waiting
period, we will complete a Record of Decision that announces our
decision on what action will be implemented and discusses all factors
leading to the decision.
Public Involvement
We published a notice of intent to prepare an EIS for this project
in the Federal Register on November 26, 2003 (68 FR 66478). The Service
and Water Authority held a public scoping meeting on December 11, 2003.
On March 4, 2010, we published a notice of availability of the draft
EIR/EIS, draft Water Authority NCCP/HCP, and draft IA in the Federal
Register (75 FR 9921). Public meetings were held on March 17 and March
18, 2010. The draft documents were available for a 90-day public
comment period ending on June 2, 2010.
Public Review
Copies of the final EIR/EIS, Water Authority NCCP/HCP, and IA are
available for review (see Availability of Documents). Any comments we
receive will become part of the administrative record and may be
available to the public. 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 may 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.
Dated: January 20, 2011.
Alexandra Pitts,
Deputy Regional Director, Pacific Southwest Region, Sacramento,
California.
[FR Doc. 2011-2264 Filed 2-3-11; 8:45 am]
BILLING CODE 4310-55-P