Draft Environmental Assessment and Proposed Habitat Conservation Plan for the San Diego Unified School District's Jonas Salk Elementary School Project in the City of San Diego, San Diego County, CA, 43350-43352 [2012-17962]
Download as PDF
<![CDATA[
43350
Federal Register / Vol. 77, No. 142 / Tuesday, July 24, 2012 / Notices
U.S. mail: David L. Hankla, Field
Supervisor, Jacksonville Ecological
Services Field Office, Attn: Permit
number TE79178A–0, U.S. Fish and
Wildlife Service, 7915 Baymeadows
Way, Suite 200, Jacksonville, FL 32256.
In-person drop-off: You may drop off
information during regular business
hours at the above office address.
FOR FURTHER INFORMATION CONTACT: Erin
M. Gawera, telephone: 904–731–3121;
email: erin_gawera@fws.gov.
SUPPLEMENTARY INFORMATION:
Background
Section 9 of the Act (16 U.S.C. 1531
et seq.) and our implementing Federal
regulations in the Code of Federal
Regulations (CFR) at 50 CFR part 17
prohibit the ‘‘take’’ of fish or wildlife
species listed as endangered or
threatened. Take of listed fish or
wildlife is defined under the Act as ‘‘to
harass, harm, pursue, hunt, shoot,
wound, kill, trap, capture, or collect, or
to attempt to engage in any such
conduct’’ (16 U.S.C. 1532). However,
under limited circumstances, we issue
permits to authorize incidental take—
i.e., take that is incidental to, and not
the purpose of, the carrying out of an
otherwise lawful activity.
Regulations governing incidental take
permits for threatened and endangered
species are at 50 CFR 17.32 and 17.22,
respectively. The Act’s take prohibitions
do not apply to federally listed plants
on private lands unless such take would
violate State law. In addition to meeting
other criteria, an incidental take
permit’s proposed actions must not
jeopardize the existence of federally
listed fish, wildlife, or plants.
sroberts on DSK5SPTVN1PROD with NOTICES
Applicant’s Proposal
The applicant is requesting take of
approximately 2.26 acres (ac) of Florida
scrub-jay (Aphelocoma coerulescens)—
occupied habitat incidental to
construction of an expansion to an
existing water plant facility. The 6.5-ac
project is located on a 14.6-ac property
(parcel #8001–0000–19), within Section
15, Township 17 South, Range 21 East,
Marion County, Florida. The applicant’s
HCP describes the mitigation and
minimization measures the applicant
proposes to address the effects of the
project to the Florida scrub-jay.
Our Preliminary Determination
We have determined that the
applicant’s proposal, including the
proposed mitigation and minimization
measures, would have minor or
negligible effects on the species covered
in the HCP. Therefore, we determined
that the ITP is a low-effect project and
qualifies for categorical exclusion under
VerDate Mar<15>2010
21:06 Jul 23, 2012
Jkt 226001
the National Environmental Policy Act
(NEPA), as provided by the Department
of the Interior Manual (516 DM 2
Appendix 1 and 516 DM 6 Appendix 1).
A low-effect HCP is one involving (1)
Minor or negligible effects on federally
listed or candidate species and their
habitats, and (2) minor or negligible
effects on other environmental values or
resources.
Next Steps
We will evaluate the HCP and
comments we receive to determine
whether the ITP application meets the
requirements of section 10(a) of the Act
(16 U.S.C. 1531 et seq.). If we determine
that the application meets these
requirements, we will issue the ITP. We
will also evaluate whether issuance of
the section 10(a)(1)(B) ITP complies
with section 7 of the Act by conducting
an intra-Service section 7 consultation.
We will use the results of this
consultation, in combination with the
above findings, in our final analysis to
determine whether or not to issue the
ITP. If the requirements are met, we will
issue the permit to the applicant.
Public Comments
If you wish to comment on the permit
application, HCP, and associated
documents, you may submit comments
by any one of the methods in
ADDRESSES.
Public Availability of Comments
Before including your address, phone
number, email address, or other
personal identifying information in your
comments, 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 under Section
10 of the Act and NEPA regulations (40
CFR 1506.6).
Dated: July 13, 2012.
David L. Hankla,
Field Supervisor, Jacksonville Field Office,
Southeast Region.
[FR Doc. 2012–17988 Filed 7–23–12; 8:45 am]
BILLING CODE 4310–55–P
PO 00000
Frm 00123
Fmt 4703
Sfmt 4703
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R8–ES–2012–N043: FF08E00000–
FXES11120800000F2–123–F2]
Draft Environmental Assessment and
Proposed Habitat Conservation Plan
for the San Diego Unified School
District’s Jonas Salk Elementary
School Project in the City of San
Diego, San Diego County, CA
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability: request
for comment.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), have
prepared a draft environmental
assessment (EA) under the National
Environmental Policy Act (NEPA) for
the proposed Jonas Salk Elementary
School Project in response to an
application from the San Diego Unified
School District (District or applicant) for
a 10-year incidental take permit under
the Endangered Species Act of 1973, as
amended (Act). The application
addresses the potential for ‘‘take’’ of one
federally listed animal, the San Diego
fairy shrimp (Branchinecta
sandiegonensis). The applicant would
implement a conservation program to
mitigate the project impacts, as
described in the applicant’s habitat
conservation plan (plan). We request
data, comments, and new information or
suggestions from the public, other
concerned governmental agencies, the
scientific community, Tribes, industry,
or any other interested party on the
applicant’s permit application, plan,
and the associated EA.
DATES: To ensure consideration, please
send your written comments by
September 24, 2012.
ADDRESSES: Please send your comments
or requests for more information by any
one of the following methods.
Email: FW8cfwocomments@fws.gov.
Include ‘‘Jonas Salk Elementary School’’
in the subject line of the message.
Fax: Attn: Jim Bartel, Field
Supervisor, (760) 431–5902.
U.S. Mail: Jim Bartel, Field
Supervisor, Carlsbad Fish and Wildlife
Office, U.S. Fish and Wildlife Service,
6010 Hidden Valley Road, Suite 101,
Carlsbad, CA 92011.
FOR FURTHER INFORMATION CONTACT: Ms.
Karen Goebel, Assistant Field
Supervisor, at the address shown above
or at (760) 431–9440 (telephone). If you
use a telecommunications device for the
deaf, please call the Federal Information
Relay Service at (800) 877–8339.
SUMMARY:
E:\FR\FM\24JYN1.SGM
24JYN1
Federal Register / Vol. 77, No. 142 / Tuesday, July 24, 2012 / Notices
We, the
Service, publish this notice under the
National Environmental Policy Act of
1969, as amended (42 U.S.C. 4321 et
seq.; NEPA), and its implementing
regulations in the Code of Federal
Regulations (CFR) at 40 CFR 1506.6, as
well as in compliance with section 10(c)
of the Endangered Species Act (16
U.S.C. 1531 et seq.; Act). We have
prepared this EA to evaluate the impacts
of several alternatives related to the
potential issuance of an incidental take
permit (ITP) to the applicant, as well as
impacts of the implementation of the
supporting proposed plan.
The applicant has submitted a habitat
conservation plan as part of their
application for an ITP under section
10(a)(1)(B) of the Act. The plan includes
measures to minimize and mitigate the
impacts, to the maximum extent
practicable, of the proposed taking of a
federally listed species to be covered by
the plan, the San Diego fairy shrimp,
and the habitat upon which it depends,
resulting from construction of the
proposed Jonas Salk Elementary School
Project in the City of San Diego (City),
San Diego County, California.
sroberts on DSK5SPTVN1PROD with NOTICES
SUPPLEMENTARY INFORMATION:
Background Information
Section 9 of the Act prohibits taking
of fish and wildlife species listed as
endangered or threatened under section
4 of the Act. Under the Act, the term
‘‘take’’ means to harass, harm, pursue,
hunt, shoot, wound, kill, trap, capture,
or collect, or to attempt to engage in any
such conduct. The term ‘‘harm’’ is
defined in the regulations as significant
habitat modification or degradation that
results in death or injury of listed
species by significantly impairing
essential behavioral patterns, including
breeding, feeding, or sheltering (50 CFR
17.3). The term ‘‘harass’’ is defined in
the regulations as to carry out actions
that create the likelihood of injury to
listed species to such an extent as to
significantly disrupt normal behavioral
patterns, which include, but are not
limited to, breeding, feeding, or
sheltering (50 CFR 17.3).
However, under specified
circumstances, the Service may issue
permits that allow the take of federally
listed species, provided that the take
that occurs is incidental to, but not the
purpose of, an otherwise lawful activity.
Regulations governing permits for
endangered and threatened species are
at 50 CFR 17.22 and 17.32, respectively.
Section 10(a)(1)(B) of the Act contains
provisions for issuing such incidental
take permits to non-Federal entities for
the take of endangered and threatened
species, provided the following criteria
are met:
VerDate Mar<15>2010
21:06 Jul 23, 2012
Jkt 226001
1. The taking will be incidental;
2. The applicants will, to the
maximum extent practicable, minimize
and mitigate the impact of such taking;
3. The applicants will develop a
proposed HCP and ensure that adequate
funding for the plan will be provided;
4. The taking will not appreciably
reduce the likelihood of the survival
and recovery of the species in the wild;
and
5. The applicants will carry out any
other measures that the Service may
require as being necessary or
appropriate for the purposes of the HCP.
The applicant seeks incidental take
authorization for the federally
endangered San Diego fairy shrimp
(Branchinecta sandiegonensis), which is
the only proposed covered species in
the plan.
The proposed covered activities under
this plan include: (1) Construction of an
elementary school, park, and joint-use
facilities on the 13.1-acre project site;
and (2) restoration and enhancement of
vernal pools occupied by San Diego
fairy shrimp on the McAuliffe Park and
Carroll Canyon Mitigation Sites owned
by the City (collectively referred to as
the Mitigation Sites). These three sites
are located within the Mira Mesa
Community in the north-central portion
of the City.
The project site is bound by
residences on the north, east, and
southeast; Rattlesnake Canyon on the
south and southwest; and Maddox Park
on the west. The project site has been
identified as a potential school site on
the Mira Mesa Community Land Use
Plan Map and ‘‘Recommended School
Facilities’’ Map since 1992. The District
has determined that this site would
provide the best location for a new
elementary school to alleviate school
overcrowding in the Mira Mesa
attendance area.
The McAuliffe Park Mitigation Site is
approximately 0.3 mile to the north of
the project site and is bound by
residences on the east, Challenger
Middle School on the north, and Lopez
Canyon on the west and south. The
McAuliffe Park Mitigation Site is fenced
along the interface with the residences
and school and owned by the City. The
District and City have entered into a
Memorandum of Understanding (MOU)
that allows the District to use the
McAuliffe Park Mitigation Site in
exchange for additional park land and
public facilities at the project site.
Under the MOU, ownership of the
McAuliffe Park Site would be
transferred from the City to the District.
The Carroll Canyon Mitigation Site is
approximately 0.5 mile to the south of
the project site and is within the larger
PO 00000
Frm 00124
Fmt 4703
Sfmt 4703
43351
19.1-acre Carroll Canyon Preserve. The
site is bound by residences on the north,
the Carroll Canyon Preserve on the east
and south, and aggregate mining
operations on the west. The entire
Carroll Canyon Preserve, including the
mitigation site, is fenced and owned by
the City.
The District and City are negotiating
on a Right of Entry Permit that allows
the District to use the Carroll Canyon
Mitigation Site. At this time, the Carroll
Canyon Mitigation Site appears to be a
viable mitigation option for the District.
If the District is unable to negotiate a
Right of Entry Permit with the City for
use of the Carroll Canyon Mitigation
Site, the District would be required to
pursue other options acceptable to and
approved by the Service.
The District proposes to develop the
Jonas Salk Elementary School, park, and
joint use facilities on the project site.
The park and joint-use facilities would
be constructed, owned, and maintained
by the City in accordance with the
MOU.
The proposed project would
permanently remove all San Diego fairy
shrimp and its vernal pool habitat from
the project site. To mitigate impacts to
the San Diego fairy shrimp and its
vernal pool habitat, the applicant would
preserve, restore, enhance, monitor, and
manage vernal pool habitat for the San
Diego fairy shrimp on the Mitigation
Sites.
Alternatives in the Draft Environmental
Assessment
The impacts of the proposed action
are compared to the no-action
alternative and to the impacts of a
reduced vernal pool impact alternative
in the draft EA.
Proposed Alternative
The Proposed Alternative, the
proposed HCP, would encompass a site
area of 13.1 acres. This alternative
would allow: (1) Construction of an
elementary school that is in compliance
with all applicable California
Department of Education School
Development Guidelines (guidelines);
(2) construction of a park and public
facilities according to an MOU between
the District and City; and (3) the
restoration, enhancement, preservation,
and/or management of San Diego fairy
shrimp habitat at the Mitigation Sites.
The HCP’s overall conservation strategy
for the San Diego fairy shrimp is to
allow impacts to degraded vernal pools
with low long-term conservation value
at the project site in exchange for
conservation of higher quality vernal
pools at the mitigation sites in
E:\FR\FM\24JYN1.SGM
24JYN1
43352
Federal Register / Vol. 77, No. 142 / Tuesday, July 24, 2012 / Notices
sroberts on DSK5SPTVN1PROD with NOTICES
perpetuity to aid the recovery of the
species.
The Proposed Alternative would
result in permanent impacts to all 1.66
acres of San Diego fairy shrimp vernal
pool habitat (i.e., all 99 pools) on the
project site. The applicant proposes to
mitigate impacts to San Diego fairy
shrimp and its vernal pool habitat at a
2:1 ratio by restoration, enhancement,
and preservation of 3.32 acres of vernal
pools: a total of 2.62 acres would occur
at the McAuliffe Park Mitigation Site,
and 0.7 acre would occur at the Carroll
Canyon Mitigation Site. All restored
pools would be occupied by the San
Diego fairy shrimp. The applicant
would record a perpetual biological
conservation easement over, and
implement a perpetual management and
monitoring plan for, the Mitigation
Sites.
Under the Proposed Alternative, we
would issue an incidental take permit
for the applicant’s proposed project,
which includes the activities described
above. These activities are described in
detail in the plan.
Reduced Vernal Pool Impact Alternative
Under the Reduced Vernal Pool
Impact Alternative, the project would
avoid and minimize impacts to the San
Diego fairy shrimp and its vernal pool
habitat by reducing the site area to 8.83
acres. This alternative would not
comply with state guidelines for school
site area, turf fields, or hardcourt play
area, and only minimally comply with
the guidelines for classrooms, support
facilities, site circulation, and fire
access.
The Reduced Vernal Pool Impact
Alternative would result in permanent
impacts to 0.72 acre of San Diego fairy
shrimp vernal pool habitat on the
project site. The applicant would
mitigate impacts to San Diego fairy
shrimp and its vernal pool habitat at a
2:1 ratio by enhancing and preserving
0.94 acre of vernal pools on the project
site and restoring 0.5 acre of vernal
pools on the project site and/or at the
McAuliffe Park Mitigation Site. All
restored pools would be occupied by the
San Diego fairy shrimp. The applicant
would record a perpetual biological
conservation easement over, and
implement a perpetual management and
monitoring plan for, the project site
and/or McAuliffe Park Mitigation Site.
While this alternative would avoid some
of the San Diego fairy shrimp habitat
onsite, the avoided habitat would be
surrounded by the adjoining school and
park and have a minimal connection
with natural open space. Therefore, the
avoided habitat would be subject to
fragmentation and indirect impacts that
VerDate Mar<15>2010
21:06 Jul 23, 2012
Jkt 226001
would limit the long-term viability of
the San Diego fairy shrimp population
onsite.
The Reduced Vernal Pool Impact
Alternative would also require issuance
of an incidental take permit.
No Action Alternative
Under the No Action alternative, we
would not issue a permit, and the
applicant would not construct the
project. The no-action alternative would
not achieve the applicant’s objectives
and would not allow the development
of the project on a District property that
is identified as a potential school site on
the Mira Mesa Community Land Use
Plan Map and ‘‘Recommended School
Facilities’’ Map. Under the No Action
Alternative, the project site would
continue to be subject to impacts from
pedestrian, pet and bicycle traffic,
which may eventually lead to the
extirpation of San Diego fairy shrimp at
the site. In addition, no mitigation lands
would be restored, enhanced, monitored
and managed for the permanent
conservation of San Diego fairy shrimp
under the no-action alternative.
Environmental Review and Next Steps
As described in our EA, we have
made the preliminary determination
that approval of the proposed plan and
issuance of the permit will not result in
any significant impacts to the
environment and warrants a Finding of
No Significant Impact (FONSI) under
NEPA (42 U.S.C. 4321 et seq.), as
provided by Federal regulations (40 CFR
1500, 5(k), 1507.3(b)(2), 1508.4) and the
Department of the Interior Manual (516
DM 2 and 516 DM 8). Our EA articulates
the project’s effects on all potential
resources that could be adversely
affected, including vegetation, wildlife,
threatened or endangered species,
wetlands, geology and soils, land use,
air quality, water resources and water
quality, cultural resources,
paleontological resources, and traffic
and transportation. It also includes an
analysis of alternatives and cumulative
effects.
Public Comments
We request data, comments, new
information, or suggestions from the
public, other concerned governmental
agencies, the scientific community,
Tribes, industry, or any other interested
party on the plan and the draft EA. We
particularly seek comments on any
environmental issues of concern to the
public that should be considered with
regard to the proposed development and
permit action.
PO 00000
Frm 00125
Fmt 4703
Sfmt 9990
You may submit your comments and
materials by one of the methods listed
in the ADDRESSES section.
We will consider public comments on
the draft EA when making the final
determination on whether to prepare
additional NEPA documents on the
proposed action and in making a
decision whether to issue an incidental
take permit.
Public Availability of Comments
Before including your address, phone
number, email 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.
Availability of Documents
You may obtain copies of the permit
application, plan, and EA from the
individuals in FOR FURTHER INFORMATION
CONTACT. Copies of these documents are
available for public inspection, by
appointment, during regular business
hours, at the Carlsbad Fish and Wildlife
Office (see ADDRESSES). Documents are
also available at the following City
Libraries: (1) Mira Mesa Library, 8405
New Salem Street, 92126; (2) Scripps
Ranch Library, 10301 Scripps Lake
Drive, 92131; (3) Rancho Penasquitos
Library, 13330 Salmon River Road,
92129; and (4) North University
Community Branch Library 8820
Judicial Drive, 92122.
Authority
We provide this notice pursuant to
section 10(c) of the Act and NEPA
regulations (40 CFR 1500.1(b),
1500.2(d), and 1506.6). We will evaluate
the permit application, including the
plan and comments we receive, 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 the applicant
for the incidental take of the San Diego
fairy shrimp from the implementation of
the covered activities described in the
plan. We will make the final permit
decision no sooner than 30 days after
the date of this notice.
Alexandra Pitts,
Deputy Regional Director, Pacific Southwest
Region, U.S. Fish and Wildlife Service,
Sacramento, California.
[FR Doc. 2012–17962 Filed 7–23–12; 8:45 am]
BILLING CODE 4310–55–P
E:\FR\FM\24JYN1.SGM
24JYN1
]]>Agencies
[Federal Register Volume 77, Number 142 (Tuesday, July 24, 2012)]
[Notices]
[Pages 43350-43352]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-17962]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R8-ES-2012-N043: FF08E00000-FXES11120800000F2-123-F2]
Draft Environmental Assessment and Proposed Habitat Conservation
Plan for the San Diego Unified School District's Jonas Salk Elementary
School Project in the City of San Diego, San Diego County, CA
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability: request for comment.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have
prepared a draft environmental assessment (EA) under the National
Environmental Policy Act (NEPA) for the proposed Jonas Salk Elementary
School Project in response to an application from the San Diego Unified
School District (District or applicant) for a 10-year incidental take
permit under the Endangered Species Act of 1973, as amended (Act). The
application addresses the potential for ``take'' of one federally
listed animal, the San Diego fairy shrimp (Branchinecta
sandiegonensis). The applicant would implement a conservation program
to mitigate the project impacts, as described in the applicant's
habitat conservation plan (plan). We request data, comments, and new
information or suggestions from the public, other concerned
governmental agencies, the scientific community, Tribes, industry, or
any other interested party on the applicant's permit application, plan,
and the associated EA.
DATES: To ensure consideration, please send your written comments by
September 24, 2012.
ADDRESSES: Please send your comments or requests for more information
by any one of the following methods.
Email: FW8cfwocomments@fws.gov. Include ``Jonas Salk Elementary
School'' in the subject line of the message.
Fax: Attn: Jim Bartel, Field Supervisor, (760) 431-5902.
U.S. Mail: Jim Bartel, Field Supervisor, Carlsbad Fish and Wildlife
Office, U.S. Fish and Wildlife Service, 6010 Hidden Valley Road, Suite
101, Carlsbad, CA 92011.
FOR FURTHER INFORMATION CONTACT: Ms. Karen Goebel, Assistant Field
Supervisor, at the address shown above or at (760) 431-9440
(telephone). If you use a telecommunications device for the deaf,
please call the Federal Information Relay Service at (800) 877-8339.
[[Page 43351]]
SUPPLEMENTARY INFORMATION: We, the Service, publish this notice under
the National Environmental Policy Act of 1969, as amended (42 U.S.C.
4321 et seq.; NEPA), and its implementing regulations in the Code of
Federal Regulations (CFR) at 40 CFR 1506.6, as well as in compliance
with section 10(c) of the Endangered Species Act (16 U.S.C. 1531 et
seq.; Act). We have prepared this EA to evaluate the impacts of several
alternatives related to the potential issuance of an incidental take
permit (ITP) to the applicant, as well as impacts of the implementation
of the supporting proposed plan.
The applicant has submitted a habitat conservation plan as part of
their application for an ITP under section 10(a)(1)(B) of the Act. The
plan includes measures to minimize and mitigate the impacts, to the
maximum extent practicable, of the proposed taking of a federally
listed species to be covered by the plan, the San Diego fairy shrimp,
and the habitat upon which it depends, resulting from construction of
the proposed Jonas Salk Elementary School Project in the City of San
Diego (City), San Diego County, California.
Background Information
Section 9 of the Act prohibits taking of fish and wildlife species
listed as endangered or threatened under section 4 of the Act. Under
the Act, the term ``take'' means to harass, harm, pursue, hunt, shoot,
wound, kill, trap, capture, or collect, or to attempt to engage in any
such conduct. The term ``harm'' is defined in the regulations as
significant habitat modification or degradation that results in death
or injury of listed species by significantly impairing essential
behavioral patterns, including breeding, feeding, or sheltering (50 CFR
17.3). The term ``harass'' is defined in the regulations as to carry
out actions that create the likelihood of injury to listed species to
such an extent as to significantly disrupt normal behavioral patterns,
which include, but are not limited to, breeding, feeding, or sheltering
(50 CFR 17.3).
However, under specified circumstances, the Service may issue
permits that allow the take of federally listed species, provided that
the take that occurs is incidental to, but not the purpose of, an
otherwise lawful activity. Regulations governing permits for endangered
and threatened species are at 50 CFR 17.22 and 17.32, respectively.
Section 10(a)(1)(B) of the Act contains provisions for issuing such
incidental take permits to non-Federal entities for the take of
endangered and threatened species, provided the following criteria are
met:
1. The taking will be incidental;
2. The applicants will, to the maximum extent practicable, minimize
and mitigate the impact of such taking;
3. The applicants will develop a proposed HCP and ensure that
adequate funding for the plan will be provided;
4. The taking will not appreciably reduce the likelihood of the
survival and recovery of the species in the wild; and
5. The applicants will carry out any other measures that the
Service may require as being necessary or appropriate for the purposes
of the HCP.
The applicant seeks incidental take authorization for the federally
endangered San Diego fairy shrimp (Branchinecta sandiegonensis), which
is the only proposed covered species in the plan.
The proposed covered activities under this plan include: (1)
Construction of an elementary school, park, and joint-use facilities on
the 13.1-acre project site; and (2) restoration and enhancement of
vernal pools occupied by San Diego fairy shrimp on the McAuliffe Park
and Carroll Canyon Mitigation Sites owned by the City (collectively
referred to as the Mitigation Sites). These three sites are located
within the Mira Mesa Community in the north-central portion of the
City.
The project site is bound by residences on the north, east, and
southeast; Rattlesnake Canyon on the south and southwest; and Maddox
Park on the west. The project site has been identified as a potential
school site on the Mira Mesa Community Land Use Plan Map and
``Recommended School Facilities'' Map since 1992. The District has
determined that this site would provide the best location for a new
elementary school to alleviate school overcrowding in the Mira Mesa
attendance area.
The McAuliffe Park Mitigation Site is approximately 0.3 mile to the
north of the project site and is bound by residences on the east,
Challenger Middle School on the north, and Lopez Canyon on the west and
south. The McAuliffe Park Mitigation Site is fenced along the interface
with the residences and school and owned by the City. The District and
City have entered into a Memorandum of Understanding (MOU) that allows
the District to use the McAuliffe Park Mitigation Site in exchange for
additional park land and public facilities at the project site. Under
the MOU, ownership of the McAuliffe Park Site would be transferred from
the City to the District.
The Carroll Canyon Mitigation Site is approximately 0.5 mile to the
south of the project site and is within the larger 19.1-acre Carroll
Canyon Preserve. The site is bound by residences on the north, the
Carroll Canyon Preserve on the east and south, and aggregate mining
operations on the west. The entire Carroll Canyon Preserve, including
the mitigation site, is fenced and owned by the City.
The District and City are negotiating on a Right of Entry Permit
that allows the District to use the Carroll Canyon Mitigation Site. At
this time, the Carroll Canyon Mitigation Site appears to be a viable
mitigation option for the District. If the District is unable to
negotiate a Right of Entry Permit with the City for use of the Carroll
Canyon Mitigation Site, the District would be required to pursue other
options acceptable to and approved by the Service.
The District proposes to develop the Jonas Salk Elementary School,
park, and joint use facilities on the project site. The park and joint-
use facilities would be constructed, owned, and maintained by the City
in accordance with the MOU.
The proposed project would permanently remove all San Diego fairy
shrimp and its vernal pool habitat from the project site. To mitigate
impacts to the San Diego fairy shrimp and its vernal pool habitat, the
applicant would preserve, restore, enhance, monitor, and manage vernal
pool habitat for the San Diego fairy shrimp on the Mitigation Sites.
Alternatives in the Draft Environmental Assessment
The impacts of the proposed action are compared to the no-action
alternative and to the impacts of a reduced vernal pool impact
alternative in the draft EA.
Proposed Alternative
The Proposed Alternative, the proposed HCP, would encompass a site
area of 13.1 acres. This alternative would allow: (1) Construction of
an elementary school that is in compliance with all applicable
California Department of Education School Development Guidelines
(guidelines); (2) construction of a park and public facilities
according to an MOU between the District and City; and (3) the
restoration, enhancement, preservation, and/or management of San Diego
fairy shrimp habitat at the Mitigation Sites. The HCP's overall
conservation strategy for the San Diego fairy shrimp is to allow
impacts to degraded vernal pools with low long-term conservation value
at the project site in exchange for conservation of higher quality
vernal pools at the mitigation sites in
[[Page 43352]]
perpetuity to aid the recovery of the species.
The Proposed Alternative would result in permanent impacts to all
1.66 acres of San Diego fairy shrimp vernal pool habitat (i.e., all 99
pools) on the project site. The applicant proposes to mitigate impacts
to San Diego fairy shrimp and its vernal pool habitat at a 2:1 ratio by
restoration, enhancement, and preservation of 3.32 acres of vernal
pools: a total of 2.62 acres would occur at the McAuliffe Park
Mitigation Site, and 0.7 acre would occur at the Carroll Canyon
Mitigation Site. All restored pools would be occupied by the San Diego
fairy shrimp. The applicant would record a perpetual biological
conservation easement over, and implement a perpetual management and
monitoring plan for, the Mitigation Sites.
Under the Proposed Alternative, we would issue an incidental take
permit for the applicant's proposed project, which includes the
activities described above. These activities are described in detail in
the plan.
Reduced Vernal Pool Impact Alternative
Under the Reduced Vernal Pool Impact Alternative, the project would
avoid and minimize impacts to the San Diego fairy shrimp and its vernal
pool habitat by reducing the site area to 8.83 acres. This alternative
would not comply with state guidelines for school site area, turf
fields, or hardcourt play area, and only minimally comply with the
guidelines for classrooms, support facilities, site circulation, and
fire access.
The Reduced Vernal Pool Impact Alternative would result in
permanent impacts to 0.72 acre of San Diego fairy shrimp vernal pool
habitat on the project site. The applicant would mitigate impacts to
San Diego fairy shrimp and its vernal pool habitat at a 2:1 ratio by
enhancing and preserving 0.94 acre of vernal pools on the project site
and restoring 0.5 acre of vernal pools on the project site and/or at
the McAuliffe Park Mitigation Site. All restored pools would be
occupied by the San Diego fairy shrimp. The applicant would record a
perpetual biological conservation easement over, and implement a
perpetual management and monitoring plan for, the project site and/or
McAuliffe Park Mitigation Site. While this alternative would avoid some
of the San Diego fairy shrimp habitat onsite, the avoided habitat would
be surrounded by the adjoining school and park and have a minimal
connection with natural open space. Therefore, the avoided habitat
would be subject to fragmentation and indirect impacts that would limit
the long-term viability of the San Diego fairy shrimp population
onsite.
The Reduced Vernal Pool Impact Alternative would also require
issuance of an incidental take permit.
No Action Alternative
Under the No Action alternative, we would not issue a permit, and
the applicant would not construct the project. The no-action
alternative would not achieve the applicant's objectives and would not
allow the development of the project on a District property that is
identified as a potential school site on the Mira Mesa Community Land
Use Plan Map and ``Recommended School Facilities'' Map. Under the No
Action Alternative, the project site would continue to be subject to
impacts from pedestrian, pet and bicycle traffic, which may eventually
lead to the extirpation of San Diego fairy shrimp at the site. In
addition, no mitigation lands would be restored, enhanced, monitored
and managed for the permanent conservation of San Diego fairy shrimp
under the no-action alternative.
Environmental Review and Next Steps
As described in our EA, we have made the preliminary determination
that approval of the proposed plan and issuance of the permit will not
result in any significant impacts to the environment and warrants a
Finding of No Significant Impact (FONSI) under NEPA (42 U.S.C. 4321 et
seq.), as provided by Federal regulations (40 CFR 1500, 5(k),
1507.3(b)(2), 1508.4) and the Department of the Interior Manual (516 DM
2 and 516 DM 8). Our EA articulates the project's effects on all
potential resources that could be adversely affected, including
vegetation, wildlife, threatened or endangered species, wetlands,
geology and soils, land use, air quality, water resources and water
quality, cultural resources, paleontological resources, and traffic and
transportation. It also includes an analysis of alternatives and
cumulative effects.
Public Comments
We request data, comments, new information, or suggestions from the
public, other concerned governmental agencies, the scientific
community, Tribes, industry, or any other interested party on the plan
and the draft EA. We particularly seek comments on any environmental
issues of concern to the public that should be considered with regard
to the proposed development and permit action.
You may submit your comments and materials by one of the methods
listed in the ADDRESSES section.
We will consider public comments on the draft EA when making the
final determination on whether to prepare additional NEPA documents on
the proposed action and in making a decision whether to issue an
incidental take permit.
Public Availability of Comments
Before including your address, phone number, email 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.
Availability of Documents
You may obtain copies of the permit application, plan, and EA from
the individuals in FOR FURTHER INFORMATION CONTACT. Copies of these
documents are available for public inspection, by appointment, during
regular business hours, at the Carlsbad Fish and Wildlife Office (see
ADDRESSES). Documents are also available at the following City
Libraries: (1) Mira Mesa Library, 8405 New Salem Street, 92126; (2)
Scripps Ranch Library, 10301 Scripps Lake Drive, 92131; (3) Rancho
Penasquitos Library, 13330 Salmon River Road, 92129; and (4) North
University Community Branch Library 8820 Judicial Drive, 92122.
Authority
We provide this notice pursuant to section 10(c) of the Act and
NEPA regulations (40 CFR 1500.1(b), 1500.2(d), and 1506.6). We will
evaluate the permit application, including the plan and comments we
receive, 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 the applicant for the incidental take of the San Diego fairy
shrimp from the implementation of the covered activities described in
the plan. We will make the final permit decision no sooner than 30 days
after the date of this notice.
Alexandra Pitts,
Deputy Regional Director, Pacific Southwest Region, U.S. Fish and
Wildlife Service, Sacramento, California.
[FR Doc. 2012-17962 Filed 7-23-12; 8:45 am]
BILLING CODE 4310-55-P
