Environmental Impact Statement; Major Amendment to the Multiple Species Conservation Program County of San Diego Subarea Plan for the Otay Hills Aggregate Quarry and Inert Debris Landfill, San Diego County, California, 48761-48764 [2014-19492]
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Federal Register / Vol. 79, No. 159 / Monday, August 18, 2014 / Notices
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Public Comment Procedures: Before
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[FR Doc. 2014–19537 Filed 8–15–14; 8:45 am]
BILLING CODE 4310–VH–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R8–ES–2014–N113:
FXES1120800000–134–FF08ECAR00]
Environmental Impact Statement;
Major Amendment to the Multiple
Species Conservation Program County
of San Diego Subarea Plan for the Otay
Hills Aggregate Quarry and Inert
Debris Landfill, San Diego County,
California
AGENCY:
Fish and Wildlife Service,
Interior.
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BILLING CODE 4310–VH–C
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Federal Register / Vol. 79, No. 159 / Monday, August 18, 2014 / Notices
Notice of intent and request for
comments.
ACTION:
We, the Fish and Wildlife
Service (Service), intend to prepare an
environmental impact statement (EIS)
under the National Environmental
Policy Act regarding an application to
amend the Endangered Species Act
permit issued for the Multiple Species
Conservation Program County of San
Diego Subarea Plan (Subarea Plan). The
EIS will evaluate the impacts of several
alternatives related to the proposed
issuance of an amended incidental take
permit to the County of San Diego
(applicant) for the quarry and landfill
project in San Diego County, California.
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.
DATES: To ensure consideration, please
send your written comments by
September 17, 2014.
ADDRESSES: To request further
information or submit written
comments, please use one of the
following methods and note that your
information request or comment is in
reference to the ‘‘Major Amendment to
the MSCP Subarea Plan’’:
• Email: Karen_Goebel@fws.gov.
Include ‘‘Major Amendment to the
MSCP Subarea Plan’’ in the subject line
of the message.
• U.S. Mail: Field Supervisor, Fish
and Wildlife Service, Carlsbad Fish and
Wildlife Office, 2177 Salk Ave, Suite
250, Carlsbad, California 92008.
• In-Person Drop-off, Viewing, or
Pickup: Call 760–431–9440 to make an
appointment during regular business
hours to drop off comments or view
received comments at this location.
• Fax: Field Supervisor, 760–431–
9624; Attn.: ‘‘Major Amendment to the
MSCP Subarea Plan.’’
FOR FURTHER INFORMATION CONTACT: Ms.
Karen Goebel, Assistant Field
Supervisor, Carlsbad Fish and Wildlife
Office (see ADDRESSES); telephone: 760–
431–9440. If you use a
telecommunications device for the deaf,
please call the Federal Information
Relay Service at 800–877–8339.
SUPPLEMENTARY INFORMATION: We intend
to prepare an environmental impact
statement (EIS) to evaluate the impacts
of several alternatives related to the
potential issuance of an amended
incidental take permit (ITP) for the
Multiple Species Conservation Program
County of San Diego Subarea Plan
(Subarea Plan) for the purpose of
covering activities associated with the
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SUMMARY:
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Otay Hills Aggregate Quarry and Inert
Debris Landfill, located in San Diego
County, California. The EIS will be a
joint document with an environmental
impact report (EIR) prepared by the
County of San Diego under the
California Environmental Quality Act.
The Subarea Plan is a multiple
species habitat conservation plan for
which the applicant holds an ITP (PRT–
840414) for 85 covered species in San
Diego County, California. The proposed
quarry and landfill project is located on
lands designated by the Subarea Plan as
a ‘‘major amendment area,’’ where the
incidental take authorization does not
apply. The applicant proposes to amend
the Subarea Plan and the ITP issued
under section 10(a)(1)(B) of the
Endangered Species Act (16 U.S.C. 1531
et seq.; ESA). The proposed amendment
will include measures necessary to
minimize and mitigate the impacts, to
the maximum extent practicable, of
proposed taking of covered species
resulting from construction and
operation of the quarry and subsequent
landfill operations within the ‘‘major
amendment area.’’
Along with the proposed Subarea
Plan and ITP amendment, the applicant
proposes to process an application for a
Specific Plan Amendment, Major Use
Permit, and Reclamation Plan for the
Otay Hills Aggregate Mining and Inert
Debris Landfill project, which is located
within 10 parcels (APNs 648–050–12,
13, 14, and 17; 648–080–13, 14, and 25;
648–040–39 and 40; and 648–090–04)
that total approximately 432 acres.
Primary access to the site would be from
the east end of Calzada De La Fuente
Road, which connects to Alta Road 0.5
miles north of Otay Mesa Road.
If the amendment is approved, the
applicant’s permit would include as a
covered activity within the major
amendment area the aggregate mining
and subsequent landfill of
approximately 110 acres and associated
conservation of 322 acres. Several
species covered by the exiting Subarea
Plan have been observed on or near the
project site. The ITP would be amended
to cover, within the major amendment
area, eleven animal species (1 federally
listed and 10 unlisted species) that
could be taken, and 9 plant species (1
listed and 8 unlisted plant species) that
could be adversely impacted by the
aggregate mine and landfill. These 20
species are covered by the existing
Subarea Plan. The ITP would also be
amended to authorize the take of the
federally listed endangered quino
checkerspot butterfly (Euphydryas
editha quino), which occurs on the
project site and is not a covered species
under the existing Subarea Plan. We
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will also evaluate potential impacts to
the golden eagle under the Bald and
Golden Eagle Protection Act (16 U.S.C.
668–668c; Eagle Act). The golden eagle
is a covered species under the existing
Subarea Plan.
Background
Section 9 of the ESA prohibits taking
of fish and wildlife species listed as
endangered or threatened under section
4 of the ESA. Under the ESA, 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 to 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 fish and wildlife 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 fish and wildlife species are
at 50 CFR 17.22 and 17.32, respectively.
The ESA’s take prohibitions do not
apply to federally listed plants. Plant
species would be included in the
amended permit in recognition of the
conservation measures provided to
plants under the amended HCP and
would receive assurances under the
Service’s ‘‘No Surprises’’ rule.
Section 10(a)(1)(B) of the ESA
authorizes the issuance of 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 applicant will, to the
maximum extent practicable, minimize
and mitigate the impact of such taking;
(3) The applicant 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 applicant will carry out any
other measures that the Service may
require as being necessary or
appropriate for the purposes of the HCP.
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These same findings must be met for
an amendment to the applicant’s
existing ITP. The applicant’s ITP is
valid until March 16, 2048.
Golden eagles and bald eagles
(Haliaeetus leucocephalus) are
protected under the Bald and Golden
Eagle Protection Act (16 U.S.C. 668–
668c; Eagle Act), which prohibits the
take of any eagles or any part, nest, or
egg thereof. Take is defined as to
‘‘pursue, shoot, shoot at, poison, wound,
kill, capture, trap, collect, destroy,
molest, or disturb.’’ Disturb is defined
by the Service as ‘‘to agitate or bother
a bald or golden eagle to a degree that
causes, or is likely to cause, based on
the best scientific information available,
(1) injury to an eagle, (2) a decrease in
its productivity, by substantially
interfering with normal breeding,
feeding, or sheltering behavior, or (3)
nest abandonment, by substantially
interfering with normal breeding,
feeding, or sheltering behavior.’’
An ESA section 10(a)(1)(B) may
include bald and golden eagles as
covered species. Pursuant to 50 CFR
22.11, an ESA section 10(a)(1)(B) permit
constitutes a valid permit under the
Bald and Golden Eagle Protection Act to
take bald or golden eagles so long as
such take is ‘‘compatible with the
preservation of the bald or the golden
eagle,’’ the standard that applies to
Eagle Act permits. The golden eagle is
a covered species under the existing
Subarea Plan, and the applicant
proposes to include the golden eagle as
a covered species in the amended
Subarea Plan and ITP. We will evaluate
potential impacts to the golden eagle
from the proposed covered activities
and determine whether to include the
golden eagle as a covered species in an
amended ITP under applicable ESA and
Eagle Act standards.
Environmental Impact Statement
The EIS/EIR will consider the
proposed action (i.e., the issuance of an
amended Section 10(a)(1)(B) permit
under the ESA) and a reasonable range
of alternatives. A detailed description of
the proposed action and alternatives
will be included in the EIS/EIR. It is
anticipated that several alternatives will
be developed, which may vary by the
level of conservation, impacts caused by
the proposed action, or a combination of
these factors. The proposed action and
alternatives will be evaluated against
the No-Action alternative, which
assumes that no permit amendment will
be issued. The No-Action alternative
represents estimated future conditions
to which the proposed action’s
estimated future conditions can be
compared.
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Proposed Alternative
The proposed action is the issuance of
an amendment to the Subarea Plan ITP
(PRT–840414) to extend incidental take
authorization for the Otay Hills
aggregate quarry and inert debris
landfill project. The proposed action
will:
(1) Reclassify 79.4 acres of the MSCP
Subarea Plan from ‘‘major amendment
area’’ to ‘‘take authorized area’’ to allow
for future development;
(2) Reclassify 15.8 acres of the MSCP
Subarea Plan from ‘‘minor amendment
area subject to special considerations’’
into ‘‘hardline preserve’’;
(3) Reclassify 306 acres of the MSCP
Subarea Plan from ‘‘major amendment
area’’ into ‘‘hardline preserve’’;
(4) Reclassify 3.4 acres of the MSCP
Subarea Plan in the ‘‘minor amendment
area’’ and 26.3 acres in the ‘‘minor
amendment subject to special
considerations area’’ to ‘‘take authorized
area’’; and
(5) Provide take authorization for the
quino checkerspot butterfly.
In combination, these actions would
result in permanent conservation of
321.8 acres of high-quality habitat
(connected to other conserved, highvalue habitat areas) that support listed
and/or sensitive plant and animal
species, which would contribute to the
overall conservation goals of the region.
We anticipate that the following
federally listed species will be included
as covered species in the applicants’
proposed amendment: (1) the
endangered quino checkerspot butterfly
(Euphydryas editha quino), (2) the
threatened coastal California
gnatcatcher (Polioptila californica
californica), and (3) the threatened Otay
tarplant (Deinandra conjugens).
The 18 unlisted species proposed to
be included in the amendment are the
Otay manzanita (Arctostaphylos
otayensis), San Diego goldenstar
(Bloomeria [Muilla] clevelandii), Dunn’s
mariposa lily (Calochortus dunnii),
Orcutt’s birds’ beak (Cordylanthus
orcuttianus), Tecate cypress (Cupressus
forbesii), variegated dudleya (Dudleya
variegata), San Diego barrel cactus
(Ferocactus viridescens), Gander’s
pitcher sage (Lepechinia ganderi),
Thorne’s hairstreak (Callophrys
[Mitoura] gryneus thornei), Belding’s
orange-throated whiptail (Aspidoscelis
hyperythra beldingi), San Diego horned
lizard (Phrynosoma coronatum
blainvillii), Cooper’s hawk (Accipiter
cooperii), rufous-crowned sparrow
(Aimophila ruficeps canescens), golden
eagle (Aquila chrysaetos), burrowing
owl (Athene cunicularia), northern
harrier (Circus cyaneus), mountain lion
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48763
(Puma concolor), and mule deer
(Odocoileus hemionus fuliginata).
The applicant would seek to amend
the incidental take authorization to
include those wildlife species that are
likely to be taken or, in the case of plant
species, otherwise impacted, as a result
of the covered activities within the 432acre Otay Hills aggregate quarry and
inert debris landfill project area. Other
Subarea Plan-covered species and other
candidate and federally listed species
that are not likely to be taken by the
covered activities, and would not be
covered by the proposed amended ITP,
may also be addressed in the EIS/EIR.
No-Action Alternative
Under the No-Action Alternative, we
would not issue a permit, and no
construction aggregate extraction
operation would occur on the project
site. The project site would remain as it
is today, consisting of undeveloped land
crossed by a series of dirt roads used
primarily by the U.S. Border Patrol for
domestic security purposes.
Management of conserved lands through
the major amendment would not occur.
No changes in the existing environment
would be expected.
Environmental Review and Next Steps
We will conduct an environmental
review to analyze the impacts of the
proposed action and a range of other
reasonable alternatives. We will prepare
a draft EIS, as part of the joint EIS/EIR,
that will analyze the effects of each of
the alternatives on the covered species
and their habitats and on other
resources, such as vegetation, wetlands,
wildlife, geology and soils, air quality,
water resources, water quality, cultural
resources, land use, recreation, water
use, local economy, and environmental
justice.
We will publish a notice of
availability and a request for comment
on the draft EIS/EIR and the applicant’s
permit application, which will include
the proposed amendment to the Subarea
Plan. The draft EIS/EIR and proposed
amendment are expected to be
completed and available to the public
for review and comment in the winter
of 2015.
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 this notice. We will consider
these comments in developing a draft
EIS and in the development of the
amendment to the County of San
Diego’s ITP for its Subarea Plan. We
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Federal Register / Vol. 79, No. 159 / Monday, August 18, 2014 / Notices
particularly seek comments on the
following:
(1) Biological information and data
concerning the species proposed for
coverage under the amendment to the
HCP;
(2) Additional information concerning
the range, distribution, population size,
and population trends of the species;
(3) Proposed covered activities in the
amendment area and their possible
impacts on the species;
(4) The presence of archeological
sites, buildings and structures, historic
events, sacred and traditional areas, and
other historic preservation concerns that
are required to be considered in project
planning by the National Historic
Preservation Act (Pub. L. 102–575); and
(5) Identification of any other
environmental issues that should be
considered with regards to the proposed
development and permit action.
You may submit your comments and
materials by one of the methods listed
in the ADDRESSES section.
Comments and materials we receive,
as well as supporting documentation we
use in preparing the EIS document, will
be available for public inspection by
appointment, during normal business
hours, at our office (see FOR FURTHER
INFORMATION CONTACT).
Public Availability of Comments
Written comments we receive become
part of the public record associated with
this action. 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.
mstockstill on DSK4VPTVN1PROD with NOTICES
Authority
We 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 1501.7, 40
CFR 1506.6, and 1508.22, as well as in
compliance with section 10 of the ESA
(16 U.S.C. 1531 et seq.)
Dated: August 12, 2014.
Alexandra Pitts,
Deputy Regional Director, Pacific Southwest
Region, Sacramento, California.
[FR Doc. 2014–19492 Filed 8–15–14; 8:45 am]
BILLING CODE 4310–55–P
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLMTC 00900.L16100000.DP0000]
Notice of Public Meeting, Eastern
Montana Resource Advisory Council
Meeting
Bureau of Land Management,
Interior.
ACTION: Notice of Public Meeting.
AGENCY:
In accordance with the
Federal Land Policy and Management
Act (FLPMA) and the Federal Advisory
Committee Act of 1972 (FACA), the U.S.
Department of the Interior, Bureau of
Land Management (BLM) Eastern
Montana Resource Advisory Council
(RAC) will meet as indicated below.
DATES: The next regular meeting of the
Eastern Montana RAC will be held on
September 16, 2014 in Miles City,
Montana. The meeting will start at 8:00
a.m. and adjourn at approximately 4:30
p.m.
ADDRESSES: BLM Miles City Field
Office, 111 Garryowen Road, Miles City,
MT.
FOR FURTHER INFORMATION CONTACT:
Mark Jacobsen, Public Affairs Specialist,
BLM Eastern Montana/Dakotas District,
111 Garryowen Road, Miles City,
Montana, 59301; (406) 233–2831;
mjacobse@blm.gov. Persons who use a
telecommunications device for the deaf
(TDD) may call the Federal Information
Relay Service (FIRS) at 1–800–677–8339
to contact the above individual during
normal business hours. The FIRS is
available 24 hours a day, 7 days a week
to leave a message or a question with
the above individual. You will receive
a reply during normal business hours.
SUPPLEMENTARY INFORMATION: The 15member council advises the Secretary of
the Interior through the BLM on a
variety of planning and management
issues associated with public land
management in Montana. At this
meeting, the agenda will include: An
Eastern Montana/Dakotas District
report, Miles City and Billings Field
Office manager reports, a report on the
Montana/Dakotas State Office RAC chair
meeting, a report by the Pumpkin Creek
Area subcommittee, individual RAC
member reports and other issues that
the council may raise. All meetings are
open to the public and the public may
present written comments to the
council. Each formal RAC meeting will
also have time allocated for hearing
public comments. Depending on the
number of persons wishing to comment
and time available, the time for
individual oral comments may be
limited. Individuals who plan to attend
and need special assistance, such as
sign language interpretation, tour
transportation or other reasonable
accommodations should contact the
BLM as provided above.
Dated: August 6, 2014.
Diane M. Friez,
District Manager, Eastern Montana/Dakotas.
[FR Doc. 2014–19507 Filed 8–15–14; 8:45 am]
BILLING CODE 4310–DN–P
SUMMARY:
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLMTC 00900.L16100000.DP0000]
Notice of Public Meeting, Dakotas
Resource Advisory Council Meeting
Bureau of Land Management,
Interior.
ACTION: Notice of Public Meeting.
AGENCY:
In accordance with the
Federal Land Policy and Management
Act (FLPMA) and the Federal Advisory
Committee Act of 1972 (FACA), the U.S.
Department of the Interior, Bureau of
Land Management (BLM) Dakotas
Resource Advisory Council (RAC) will
meet as indicated below.
DATES: The next regular meeting of the
Dakotas RAC will be held on September
23, 2014 in Sturgis, South Dakota. The
meeting will start at 9:00 a.m. and
adjourn at approximately 4:30 p.m.
ADDRESSES: Meade County Offices, 1300
Sherman Street, Sturgis, South Dakota.
FOR FURTHER INFORMATION CONTACT:
Mark Jacobsen, Public Affairs Specialist,
BLM Eastern Montana/Dakotas District,
111 Garryowen Road, Miles City,
Montana, 59301; (406) 233–2831;
mjacobse@blm.gov. Persons who use a
telecommunications device for the deaf
(TDD) may call the Federal Information
Relay Service (FIRS) at 1–800–677–8339
to contact the above individual during
normal business hours. The FIRS is
available 24 hours a day, 7 days a week
to leave a message or question with the
above individual. You will receive a
reply during normal business hours.
SUPPLEMENTARY INFORMATION: The 15member council advises the Secretary of
the Interior through the BLM on a
variety of planning and management
issues associated with public land
management in North and South
Dakota. At this meeting, topics will
include: An Eastern Montana/Dakotas
District report, North Dakota and South
Dakota Field Office manager reports,
Montana/Dakotas State Office RAC chair
meeting report, Ft. Meade Recreation
Area trails projects discussion, SturgisSUMMARY:
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]]>Agencies
[Federal Register Volume 79, Number 159 (Monday, August 18, 2014)]
[Notices]
[Pages 48761-48764]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-19492]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R8-ES-2014-N113: FXES1120800000-134-FF08ECAR00]
Environmental Impact Statement; Major Amendment to the Multiple
Species Conservation Program County of San Diego Subarea Plan for the
Otay Hills Aggregate Quarry and Inert Debris Landfill, San Diego
County, California
AGENCY: Fish and Wildlife Service, Interior.
[[Page 48762]]
ACTION: Notice of intent and request for comments.
-----------------------------------------------------------------------
SUMMARY: We, the Fish and Wildlife Service (Service), intend to prepare
an environmental impact statement (EIS) under the National
Environmental Policy Act regarding an application to amend the
Endangered Species Act permit issued for the Multiple Species
Conservation Program County of San Diego Subarea Plan (Subarea Plan).
The EIS will evaluate the impacts of several alternatives related to
the proposed issuance of an amended incidental take permit to the
County of San Diego (applicant) for the quarry and landfill project in
San Diego County, California. 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.
DATES: To ensure consideration, please send your written comments by
September 17, 2014.
ADDRESSES: To request further information or submit written comments,
please use one of the following methods and note that your information
request or comment is in reference to the ``Major Amendment to the MSCP
Subarea Plan'':
Email: Karen_Goebel@fws.gov. Include ``Major Amendment to
the MSCP Subarea Plan'' in the subject line of the message.
U.S. Mail: Field Supervisor, Fish and Wildlife Service,
Carlsbad Fish and Wildlife Office, 2177 Salk Ave, Suite 250, Carlsbad,
California 92008.
In-Person Drop-off, Viewing, or Pickup: Call 760-431-9440
to make an appointment during regular business hours to drop off
comments or view received comments at this location.
Fax: Field Supervisor, 760-431-9624; Attn.: ``Major
Amendment to the MSCP Subarea Plan.''
FOR FURTHER INFORMATION CONTACT: Ms. Karen Goebel, Assistant Field
Supervisor, Carlsbad Fish and Wildlife Office (see ADDRESSES);
telephone: 760-431-9440. If you use a telecommunications device for the
deaf, please call the Federal Information Relay Service at 800-877-
8339.
SUPPLEMENTARY INFORMATION: We intend to prepare an environmental impact
statement (EIS) to evaluate the impacts of several alternatives related
to the potential issuance of an amended incidental take permit (ITP)
for the Multiple Species Conservation Program County of San Diego
Subarea Plan (Subarea Plan) for the purpose of covering activities
associated with the Otay Hills Aggregate Quarry and Inert Debris
Landfill, located in San Diego County, California. The EIS will be a
joint document with an environmental impact report (EIR) prepared by
the County of San Diego under the California Environmental Quality Act.
The Subarea Plan is a multiple species habitat conservation plan
for which the applicant holds an ITP (PRT-840414) for 85 covered
species in San Diego County, California. The proposed quarry and
landfill project is located on lands designated by the Subarea Plan as
a ``major amendment area,'' where the incidental take authorization
does not apply. The applicant proposes to amend the Subarea Plan and
the ITP issued under section 10(a)(1)(B) of the Endangered Species Act
(16 U.S.C. 1531 et seq.; ESA). The proposed amendment will include
measures necessary to minimize and mitigate the impacts, to the maximum
extent practicable, of proposed taking of covered species resulting
from construction and operation of the quarry and subsequent landfill
operations within the ``major amendment area.''
Along with the proposed Subarea Plan and ITP amendment, the
applicant proposes to process an application for a Specific Plan
Amendment, Major Use Permit, and Reclamation Plan for the Otay Hills
Aggregate Mining and Inert Debris Landfill project, which is located
within 10 parcels (APNs 648-050-12, 13, 14, and 17; 648-080-13, 14, and
25; 648-040-39 and 40; and 648-090-04) that total approximately 432
acres. Primary access to the site would be from the east end of Calzada
De La Fuente Road, which connects to Alta Road 0.5 miles north of Otay
Mesa Road.
If the amendment is approved, the applicant's permit would include
as a covered activity within the major amendment area the aggregate
mining and subsequent landfill of approximately 110 acres and
associated conservation of 322 acres. Several species covered by the
exiting Subarea Plan have been observed on or near the project site.
The ITP would be amended to cover, within the major amendment area,
eleven animal species (1 federally listed and 10 unlisted species) that
could be taken, and 9 plant species (1 listed and 8 unlisted plant
species) that could be adversely impacted by the aggregate mine and
landfill. These 20 species are covered by the existing Subarea Plan.
The ITP would also be amended to authorize the take of the federally
listed endangered quino checkerspot butterfly (Euphydryas editha
quino), which occurs on the project site and is not a covered species
under the existing Subarea Plan. We will also evaluate potential
impacts to the golden eagle under the Bald and Golden Eagle Protection
Act (16 U.S.C. 668-668c; Eagle Act). The golden eagle is a covered
species under the existing Subarea Plan.
Background
Section 9 of the ESA prohibits taking of fish and wildlife species
listed as endangered or threatened under section 4 of the ESA. Under
the ESA, 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 to 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 fish and wildlife
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 fish and wildlife species are at
50 CFR 17.22 and 17.32, respectively. The ESA's take prohibitions do
not apply to federally listed plants. Plant species would be included
in the amended permit in recognition of the conservation measures
provided to plants under the amended HCP and would receive assurances
under the Service's ``No Surprises'' rule.
Section 10(a)(1)(B) of the ESA authorizes the issuance of
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 applicant will, to the maximum extent practicable, minimize
and mitigate the impact of such taking;
(3) The applicant 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 applicant will carry out any other measures that the
Service may require as being necessary or appropriate for the purposes
of the HCP.
[[Page 48763]]
These same findings must be met for an amendment to the applicant's
existing ITP. The applicant's ITP is valid until March 16, 2048.
Golden eagles and bald eagles (Haliaeetus leucocephalus) are
protected under the Bald and Golden Eagle Protection Act (16 U.S.C.
668-668c; Eagle Act), which prohibits the take of any eagles or any
part, nest, or egg thereof. Take is defined as to ``pursue, shoot,
shoot at, poison, wound, kill, capture, trap, collect, destroy, molest,
or disturb.'' Disturb is defined by the Service as ``to agitate or
bother a bald or golden eagle to a degree that causes, or is likely to
cause, based on the best scientific information available, (1) injury
to an eagle, (2) a decrease in its productivity, by substantially
interfering with normal breeding, feeding, or sheltering behavior, or
(3) nest abandonment, by substantially interfering with normal
breeding, feeding, or sheltering behavior.''
An ESA section 10(a)(1)(B) may include bald and golden eagles as
covered species. Pursuant to 50 CFR 22.11, an ESA section 10(a)(1)(B)
permit constitutes a valid permit under the Bald and Golden Eagle
Protection Act to take bald or golden eagles so long as such take is
``compatible with the preservation of the bald or the golden eagle,''
the standard that applies to Eagle Act permits. The golden eagle is a
covered species under the existing Subarea Plan, and the applicant
proposes to include the golden eagle as a covered species in the
amended Subarea Plan and ITP. We will evaluate potential impacts to the
golden eagle from the proposed covered activities and determine whether
to include the golden eagle as a covered species in an amended ITP
under applicable ESA and Eagle Act standards.
Environmental Impact Statement
The EIS/EIR will consider the proposed action (i.e., the issuance
of an amended Section 10(a)(1)(B) permit under the ESA) and a
reasonable range of alternatives. A detailed description of the
proposed action and alternatives will be included in the EIS/EIR. It is
anticipated that several alternatives will be developed, which may vary
by the level of conservation, impacts caused by the proposed action, or
a combination of these factors. The proposed action and alternatives
will be evaluated against the No-Action alternative, which assumes that
no permit amendment will be issued. The No-Action alternative
represents estimated future conditions to which the proposed action's
estimated future conditions can be compared.
Proposed Alternative
The proposed action is the issuance of an amendment to the Subarea
Plan ITP (PRT-840414) to extend incidental take authorization for the
Otay Hills aggregate quarry and inert debris landfill project. The
proposed action will:
(1) Reclassify 79.4 acres of the MSCP Subarea Plan from ``major
amendment area'' to ``take authorized area'' to allow for future
development;
(2) Reclassify 15.8 acres of the MSCP Subarea Plan from ``minor
amendment area subject to special considerations'' into ``hardline
preserve'';
(3) Reclassify 306 acres of the MSCP Subarea Plan from ``major
amendment area'' into ``hardline preserve'';
(4) Reclassify 3.4 acres of the MSCP Subarea Plan in the ``minor
amendment area'' and 26.3 acres in the ``minor amendment subject to
special considerations area'' to ``take authorized area''; and
(5) Provide take authorization for the quino checkerspot butterfly.
In combination, these actions would result in permanent
conservation of 321.8 acres of high-quality habitat (connected to other
conserved, high-value habitat areas) that support listed and/or
sensitive plant and animal species, which would contribute to the
overall conservation goals of the region.
We anticipate that the following federally listed species will be
included as covered species in the applicants' proposed amendment: (1)
the endangered quino checkerspot butterfly (Euphydryas editha quino),
(2) the threatened coastal California gnatcatcher (Polioptila
californica californica), and (3) the threatened Otay tarplant
(Deinandra conjugens).
The 18 unlisted species proposed to be included in the amendment
are the Otay manzanita (Arctostaphylos otayensis), San Diego goldenstar
(Bloomeria [Muilla] clevelandii), Dunn's mariposa lily (Calochortus
dunnii), Orcutt's birds' beak (Cordylanthus orcuttianus), Tecate
cypress (Cupressus forbesii), variegated dudleya (Dudleya variegata),
San Diego barrel cactus (Ferocactus viridescens), Gander's pitcher sage
(Lepechinia ganderi), Thorne's hairstreak (Callophrys [Mitoura] gryneus
thornei), Belding's orange-throated whiptail (Aspidoscelis hyperythra
beldingi), San Diego horned lizard (Phrynosoma coronatum blainvillii),
Cooper's hawk (Accipiter cooperii), rufous-crowned sparrow (Aimophila
ruficeps canescens), golden eagle (Aquila chrysaetos), burrowing owl
(Athene cunicularia), northern harrier (Circus cyaneus), mountain lion
(Puma concolor), and mule deer (Odocoileus hemionus fuliginata).
The applicant would seek to amend the incidental take authorization
to include those wildlife species that are likely to be taken or, in
the case of plant species, otherwise impacted, as a result of the
covered activities within the 432-acre Otay Hills aggregate quarry and
inert debris landfill project area. Other Subarea Plan-covered species
and other candidate and federally listed species that are not likely to
be taken by the covered activities, and would not be covered by the
proposed amended ITP, may also be addressed in the EIS/EIR.
No-Action Alternative
Under the No-Action Alternative, we would not issue a permit, and
no construction aggregate extraction operation would occur on the
project site. The project site would remain as it is today, consisting
of undeveloped land crossed by a series of dirt roads used primarily by
the U.S. Border Patrol for domestic security purposes. Management of
conserved lands through the major amendment would not occur. No changes
in the existing environment would be expected.
Environmental Review and Next Steps
We will conduct an environmental review to analyze the impacts of
the proposed action and a range of other reasonable alternatives. We
will prepare a draft EIS, as part of the joint EIS/EIR, that will
analyze the effects of each of the alternatives on the covered species
and their habitats and on other resources, such as vegetation,
wetlands, wildlife, geology and soils, air quality, water resources,
water quality, cultural resources, land use, recreation, water use,
local economy, and environmental justice.
We will publish a notice of availability and a request for comment
on the draft EIS/EIR and the applicant's permit application, which will
include the proposed amendment to the Subarea Plan. The draft EIS/EIR
and proposed amendment are expected to be completed and available to
the public for review and comment in the winter of 2015.
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 this
notice. We will consider these comments in developing a draft EIS and
in the development of the amendment to the County of San Diego's ITP
for its Subarea Plan. We
[[Page 48764]]
particularly seek comments on the following:
(1) Biological information and data concerning the species proposed
for coverage under the amendment to the HCP;
(2) Additional information concerning the range, distribution,
population size, and population trends of the species;
(3) Proposed covered activities in the amendment area and their
possible impacts on the species;
(4) The presence of archeological sites, buildings and structures,
historic events, sacred and traditional areas, and other historic
preservation concerns that are required to be considered in project
planning by the National Historic Preservation Act (Pub. L. 102-575);
and
(5) Identification of any other environmental issues that should be
considered with regards to the proposed development and permit action.
You may submit your comments and materials by one of the methods
listed in the ADDRESSES section.
Comments and materials we receive, as well as supporting
documentation we use in preparing the EIS document, will be available
for public inspection by appointment, during normal business hours, at
our office (see FOR FURTHER INFORMATION CONTACT).
Public Availability of Comments
Written comments we receive become part of the public record
associated with this action. 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 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 1501.7, 40 CFR 1506.6, and 1508.22, as well as in compliance with
section 10 of the ESA (16 U.S.C. 1531 et seq.)
Dated: August 12, 2014.
Alexandra Pitts,
Deputy Regional Director, Pacific Southwest Region, Sacramento,
California.
[FR Doc. 2014-19492 Filed 8-15-14; 8:45 am]
BILLING CODE 4310-55-P
