Endangered and Threatened Wildlife and Plants; Incidental Take Permit Application; Proposed Low-Effect Habitat Conservation Plan and Associated Documents; County of San Diego, California, 78899-78901 [2014-30689]
Download as PDF
Federal Register / Vol. 79, No. 250 / Wednesday, December 31, 2014 / Notices
the agency, including whether the
information will have practical utility;
(2) The accuracy of the agency’s
estimate of the burden of the proposed
collection of information;
(3) Ways to enhance the quality,
utility, and clarity of the information to
be collected; and
(4) Ways to minimize the burden of
the collection of information on those
who are to respond; including through
the use of appropriate automated
collection techniques or other forms of
information technology, e.g., permitting
electronic submission of responses.
HUD encourages interested parties to
submit comment in response to these
questions.
C. Authority
Section 3507 of the Paperwork
Reduction Act of 1995, 44 U.S.C.
Chapter 35.
Dated: December 23, 2014.
Michael Dennis,
Director, Office of Housing Voucher
Programs.
the proposed forms or other available
information. Persons with hearing or
speech impairments may access this
number through TTY by calling the tollfree Federal Information Relay Service
at (800) 877–8339.
FOR FURTHER INFORMATION CONTACT:
Arlette Mussington, Office of Policy,
Programs and Legislative Initiatives,
PIH, Department of Housing and Urban
Development, 451 7th Street SW.,
(L’Enfant Plaza, Room 2206),
Washington, DC 20410; telephone 202–
402–4109, (this is not a toll-free
number). Persons with hearing or
speech impairments may access this
number via TTY by calling the Federal
Information Relay Service at (800) 877–
8339. Copies of available documents
submitted to OMB may be obtained
from Ms. Mussington.
SUPPLEMENTARY INFORMATION: This
notice informs the public that HUD is
seeking approval from OMB for the
information collection described in
Section A.
[FR Doc. 2014–30671 Filed 12–30–14; 8:45 am]
A. Overview of Information Collection
BILLING CODE 4210–67–P
Title of Proposal: Inspector Candidate
Assessment Questionnaire.
OMB Approval Number: 2577–0243.
Type of Request: Revision of a
currently approved collection.
Form Number: Form HUD 50002A
and Form HUD 50002B—HFA.
Description of the need for the
information and proposed use: To meet
the requirements of the Uniform
Physical Condition Standards (UPCS),
the Physical Condition of Multifamily
Properties and the Public Housing
Assessment System (PHAS) rules, the
Department conducts physical
condition inspections of approximately
14,000 multifamily and public housing
properties annually. To conduct these
inspections, HUD uses contract
inspectors that are trained and certified
in the Uniform Physical Condition
Standards protocol by HUD. Individuals
who wish to be trained and certified by
HUD are requested to electronically
submit the questionnaire via the
Internet. The questionnaire provides
HUD with basic knowledge of an
individual’s inspection skills and
abilities. As part of aligning REAC
inspections, state Housing Finance
Agencies may also fill out the form for
informational purposes only.
Respondents: Applicants to the UPCS
inspector certification program and state
HFA staff.
Estimated Number of Respondents:
605.
Estimated Number of Responses: 605.
Frequency of Response: To apply to
UPCS training.
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5759–N–18]
60-Day Notice of Proposed Information
Collection: Inspector Candidate
Assessment Questionnaire
Office of the Assistant
Secretary for Public and Indian
Housing, HUD.
ACTION: Notice.
AGENCY:
HUD is seeking approval from
the Office of Management and Budget
(OMB) for the information collection
described below. In accordance with the
Paperwork Reduction Act, HUD is
requesting comment from all interested
parties on the proposed collection of
information. The purpose of this notice
is to allow for 60 days of public
comment.
DATES: Comments Due Date: March 2,
2015.
ADDRESSES: Interested persons are
invited to submit comments regarding
this proposal. Comments should refer to
the proposal by name and/or OMB
Control Number and should be sent to:
Colette Pollard, Reports Management
Officer, QDAM, Department of Housing
and Urban Development, 451 7th Street
SW., Room 4176, Washington, DC
20410–5000; telephone 202–402–3400
(this is not a toll-free number) or email
at Colette.Pollard@hud.gov for a copy of
mstockstill on DSK4VPTVN1PROD with NOTICES
SUMMARY:
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22:02 Dec 30, 2014
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78899
Average Hours per Response: 15 to 20
minutes depending on the respondent.
Total Estimated Burdens: 192 hours.
B. Solicitation of Public Comment
This notice is soliciting comments
from members of the public and affected
parties concerning the collection of
information described in Section A on
the following:
(1) Whether the proposed collection
of information is necessary for the
proper performance of the functions of
the agency, including whether the
information will have practical utility;
(2) The accuracy of the agency’s
estimate of the burden of the proposed
collection of information;
(3) Ways to enhance the quality,
utility, and clarity of the information to
be collected; and
(4) Ways to minimize the burden of
the collection of information on those
who are to respond; including through
the use of appropriate automated
collection techniques or other forms of
information technology, e.g., permitting
electronic submission of responses.
HUD encourages interested parties to
submit comment in response to these
questions.
Authority: Section 3507 of the Paperwork
Reduction Act of 1995, 44 U.S.C. Chapter 35.
Dated: December 23, 2014.
Michael Dennis,
Director, Office of Housing Voucher
Programs.
[FR Doc. 2014–30676 Filed 12–30–14; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R8–ES–2014–N147]; [FXES11120000–
156–FF08ECAR00]
Endangered and Threatened Wildlife
and Plants; Incidental Take Permit
Application; Proposed Low-Effect
Habitat Conservation Plan and
Associated Documents; County of San
Diego, California
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability; request
for comments.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), have received
an application from Pauma Estates, Inc.
(applicant) for a 5-year incidental take
permit for the endangered arroyo toad
pursuant to the Endangered Species Act
of 1973, as amended (Act). We are
requesting comments on the permit
application and on the preliminary
SUMMARY:
E:\FR\FM\31DEN1.SGM
31DEN1
mstockstill on DSK4VPTVN1PROD with NOTICES
78900
Federal Register / Vol. 79, No. 250 / Wednesday, December 31, 2014 / Notices
determination that the proposed HCP
qualifies as a ‘‘low-effect’’ Habitat
Conservation Plan, eligible for a
categorical exclusion under the National
Environmental Policy Act (NEPA) of
1969, as amended. The basis for this
determination is discussed in the
environmental action statement (EAS)
and associated low-effect screening
form, which are also available for public
review.
DATES: Written comments should be
received on or before January 30, 2015.
ADDRESSES: Submitting Comments: You
may submit comments by one of the
following methods:
• U.S. Mail: Field Supervisor, Fish
and Wildlife Service, Carlsbad Fish and
Wildlife Office, 2177 Salk Avenue, Suite
250, Carlsbad, CA 92008.
• Fax: Field Supervisor, 760–431–
9624.
Obtaining Documents: To request
copies of the application, proposed
HCP, and EAS, contact the Service
immediately, by telephone at 760–431–
9440 or by letter to the Carlsbad Fish
and Wildlife Office (see ADDRESSES).
Copies of the proposed HCP and EAS
also are available for public inspection
during regular business hours at the
Carlsbad Fish and Wildlife Office (see
ADDRESSES).
FOR FURTHER INFORMATION CONTACT: Ms.
Karen A. Goebel, Assistant Field
Supervisor, Carlsbad Fish and Wildlife
Office (see ADDRESSES); telephone 760–
431–9440. If you use a
telecommunications device for the deaf
(TDD), please call the Federal
Information Relay Service (FIRS) at
800–877–8339.
SUPPLEMENTARY INFORMATION: We, the
U.S. Fish and Wildlife Service (Service),
have received an application from
Pauma Estates, Inc. (applicant) for a 5year incidental take permit for one
covered species pursuant to section
10(a)(1)(B) of the Endangered Species
Act of 1973, as amended (16 U.S.C. 1531
et seq., Act). The application addresses
the potential ‘‘take’’ of the endangered
arroyo toad in the course of activities
associated with the construction of the
Pauma Estates residential development
in unincorporated San Diego County,
California. A conservation program to
avoid, minimize, and mitigate for
project activities would be implemented
as described in the proposed Habitat
Conservation Plan (HCP) by the
applicant.
We are requesting comments on the
permit application and on the
preliminary determination that the
proposed HCP qualifies as a ‘‘loweffect’’ Habitat Conservation Plan,
eligible for a categorical exclusion under
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22:02 Dec 30, 2014
Jkt 235001
the National Environmental Policy Act
(NEPA) of 1969, as amended. The basis
for this determination is discussed in
the environmental action statement
(EAS) and associated low-effect
screening form, which are also available
for public review.
Background
Section 9 of the Act and its
implementing Federal regulations
prohibit the ‘‘take’’ of animal species
listed as endangered or threatened. Take
is defined under the Act as ‘‘to harass,
harm, pursue, hunt, shoot, wound, kill,
trap, capture, or collect listed species, or
to attempt to engage in any 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
such as breeding, feeding, or sheltering
(50 CFR 17.3). However, under section
10(a) of the Act, the Service may issue
permits to authorize incidental take of
listed species. ‘‘Incidental take’’ is
defined by the Act as take that is
incidental to, and not the purpose of,
carrying out an otherwise lawful
activity. Regulations governing
incidental take permits for threatened
and endangered species, respectively,
are found at 50 CFR 17.22 and 50 CFR
17.32.
The applicant requests a 5-year permit
under section 10(a)(1)(B) of the Act. If
we approve the permit, the applicant
anticipates taking arroyo toad [Anaxyrus
(=Bufo) californicus] as a result of
permanent impacts to 10.74 acres (ac) of
habitat the species uses for feeding and
sheltering. The take would be incidental
to the applicant’s activities associated
with the construction of the Pauma
Estates residential development in San
Diego County, California, and includes
in-perpetuity management activities
within the proposed on-site biological
open space area.
The Pauma Estates project proposes to
grade 16 lots for residential homes,
construct the associated initial
infrastructure (private road and utilities
installation), and improve 3.8 ac of
public road. The applicant will grade
and install the initial infrastructure
improvements necessary to create
residential lots that will subsequently be
sold to individual buyers for final
buildout (e.g., pads, driveways, and
landscaping) at an unspecified time in
the future.
The project will impact 10.74 ac of
arroyo toad upland aestivation habitat
permanently as a result of the
residential development activities.
To minimize take of arroyo toad by
the Pauma Estates project and offset
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Frm 00122
Fmt 4703
Sfmt 4703
impacts to its habitat, the applicant
proposes to mitigate for permanent
impacts to approximately 10.74 ac of
occupied arroyo toad habitat through
the on-site preservation of
approximately 9.43 ac of occupied
arroyo toad habitat within a dedicated
conservation easement. In addition, the
applicant proposes to improve the
quality of arroyo toad habitat within the
9.43-ac biological open space area by
providing funding for and implementing
the in-perpetuity management of the
biological open space area pursuant to
an approved Resource Management
Plan. The applicant’s proposed HCP
also contains the following proposed
measures to minimize the effects of
activities to arroyo toad:
• Grading and construction within
arroyo toad upland aestivation habitat
will only take place during the arroyo
toad breeding season (defined as March
15–July 31), when arroyo toads are less
likely to occupy the upland habitat.
• A permanent arroyo toad barrier
wall will be constructed between the
development area and the on-site
biological open space area.
The above described impacts and
mitigation will occur within designated
critical habitat for the arroyo toad.
Although the project site is adjacent to
occupied habitat for other federally
threatened and endangered species, no
other listed species or designated
critical habitat occur within the project
site.
Proposed Action and Alternatives
The Proposed Action consists of the
issuance of an incidental take permit
and implementation of the proposed
HCP, which includes measures to avoid,
minimize, and mitigate impacts to the
arroyo toad. If we approve the permit,
take of arroyo toad would be authorized
for the applicant’s activities associated
with the construction of the Pauma
Estates residential development. In the
proposed HCP, the applicant considers
alternatives to the taking of arroyo toad
under the proposed action. Three
alternatives to the taking of the listed
species under the proposed action are
considered in the proposed HCP.
(1) Under the Reduced Density
Alternative, the project impact footprint
would be reduced; however, the
alternative would either render the
project economically infeasible, or
would result in insufficient funding to
conserve and manage arroyo toad
habitat areas not proposed for
development.
(2) Under the Increased Density
Alternative, additional areas of arroyo
toad habitat would be impacted by
project development and adequate
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Federal Register / Vol. 79, No. 250 / Wednesday, December 31, 2014 / Notices
habitat for the arroyo toad would not
remain for conservation and
management, thereby providing no
benefit to the species in the project area.
(3) Under the No Action Alternative,
no arroyo toad habitat would be
impacted or conserved.
mstockstill on DSK4VPTVN1PROD with NOTICES
Our Preliminary Determination
The Service has made a preliminary
determination that approval of the
proposed HCP qualifies as a categorical
exclusion under NEPA, as provided by
the Department of the Interior Manual
(516 DM 2 Appendix 1 and 516 DM 6
Appendix 1) and as a ‘‘low-effect’’ plan
as defined by the Habitat Conservation
Planning Handbook (November 1996).
We base our determination that a HCP
qualifies as a low-effect plan on the
following three criteria:
(1) Implementation of the HCP would
result in minor or negligible effects on
federally listed, proposed, and
candidate species and their habitats,
including designated critical habitat;
(2) Implementation of the HCP would
result in minor or negligible effects on
other environmental values or
resources; and
(3) Impacts of the HCP, considered
together with the impacts of other past,
present, and reasonably foreseeable
similarly situated projects, would not
result, over time, in cumulative effects
to environmental values or resources
that would be considered significant.
Based upon this preliminary
determination, we do not intend to
prepare further NEPA documentation.
We will consider public comments in
making the final determination on
whether to prepare such additional
documentation.
Next Steps
We will evaluate the proposed HCP
and comments we receive to determine
whether the permit application meets
the requirements and issuance criteria
under section 10(a) of the Act (16 U.S.C.
1531 et seq.). We will also evaluate
whether issuance of a section 10(a)(1)(B)
incidental take permit would comply
with section 7 of the Act by conducting
an intra-Service 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 a permit. If the
requirements and issuance criteria
under section 10(a) are met, we will
issue the permit to the applicant for
incidental take of arroyo toad.
Public Comments
If you wish to comment on the permit
application, proposed HCP, and
associated documents, you may submit
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22:02 Dec 30, 2014
Jkt 235001
comments by any of the methods noted
in the ADDRESSES section.
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 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.
Authority
We provide this notice under section
10 of the Act (16 U.S.C. 1531 et seq.)
and NEPA regulations (40 CFR 1506.6).
Karen A. Goebel,
Acting Field Supervisor, Carlsbad Fish and
Wildlife Office, Carlsbad, California.
[FR Doc. 2014–30689 Filed 12–30–14; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–HQ–NWRS–2014–N251;
FXRS126309WHHC0–FF09R81000–156]
Wildlife and Hunting Heritage
Conservation Council; Public Meeting
Fish and Wildlife Service,
Interior.
ACTION: Notice of meeting.
AGENCY:
We, the U.S. Fish and
Wildlife Service, announce a public
meeting of the Wildlife and Hunting
Heritage Conservation Council
(Council). The Council provides advice
about wildlife and habitat conservation
endeavors that benefit wildlife
resources; encourage partnership among
the public, the sporting conservation
organizations, the States, Native
American tribes, and the Federal
Government; and benefit recreational
hunting.
SUMMARY:
Meeting: Tuesday January 13,
2015, from 8 a.m. to 4:30 p.m., and
Wednesday January 14, 2015, from 8
a.m. to 1 p.m. (Eastern standard time).
For deadlines and directions on
registering to attend, requesting
reasonable accommodations, submitting
written material, and giving an oral
presentation, please see ‘‘Public Input’’
under SUPPLEMENTARY INFORMATION.
ADDRESSES: The meeting will be held in
the South Penthouse Room, Main
Interior Building, 1849 C St. NW.,
Washington, DC 20240.
DATES:
PO 00000
Frm 00123
Fmt 4703
Sfmt 4703
78901
FOR FURTHER INFORMATION CONTACT:
Joshua Winchell, Council Designated
Federal Officer, U.S. Fish and Wildlife
Service, National Wildlife Refuge
System, 5275 Leesburg Pike, Falls
Church, VA 22041–3803; telephone
(703) 358–2639; or email joshua_
winchell@fws.gov.
SUPPLEMENTARY INFORMATION: In
accordance with the requirements of the
Federal Advisory Committee Act, 5
U.S.C. App., we announce that Wildlife
and Hunting Heritage Conservation
Council will hold a meeting.
Background
Formed in February 2010, the Council
provides advice about wildlife and
habitat conservation endeavors that:
1. Benefit wildlife resources;
2. Encourage partnership among the
public, the sporting conservation
organizations, the states, Native
American tribes, and the Federal
Government; and
3. Benefit recreational hunting.
The Council advises the Secretary of
the Interior and the Secretary of
Agriculture, reporting through the
Director, U.S. Fish and Wildlife Service
(Service), in consultation with the
Director, Bureau of Land Management
(BLM); Director, National Park Service
(NPS); Chief, Forest Service (USFS);
Chief, Natural Resources Service
(NRCS); and Administrator, Farm
Services Agency (FSA). The Council’s
duties are strictly advisory and consist
of, but are not limited to, providing
recommendations for:
1. Implementing the Recreational
Hunting and Wildlife Resource
Conservation Plan—A Ten-Year Plan for
Implementation;
2. Increasing public awareness of and
support for the Wildlife Restoration
Program;
3. Fostering wildlife and habitat
conservation and ethics in hunting and
shooting sports recreation;
4. Stimulating sportsmen and
women’s participation in conservation
and management of wildlife and habitat
resources through outreach and
education;
5. Fostering communication and
coordination among State, tribal, and
Federal governments; industry; hunting
and shooting sportsmen and women;
wildlife and habitat conservation and
management organizations; and the
public;
6. Providing appropriate access to
Federal lands for recreational shooting
and hunting;
7. Providing recommendations to
improve implementation of Federal
conservation programs that benefit
E:\FR\FM\31DEN1.SGM
31DEN1
Agencies
[Federal Register Volume 79, Number 250 (Wednesday, December 31, 2014)]
[Notices]
[Pages 78899-78901]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-30689]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R8-ES-2014-N147]; [FXES11120000-156-FF08ECAR00]
Endangered and Threatened Wildlife and Plants; Incidental Take
Permit Application; Proposed Low-Effect Habitat Conservation Plan and
Associated Documents; County of San Diego, California
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for comments.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have
received an application from Pauma Estates, Inc. (applicant) for a 5-
year incidental take permit for the endangered arroyo toad pursuant to
the Endangered Species Act of 1973, as amended (Act). We are requesting
comments on the permit application and on the preliminary
[[Page 78900]]
determination that the proposed HCP qualifies as a ``low-effect''
Habitat Conservation Plan, eligible for a categorical exclusion under
the National Environmental Policy Act (NEPA) of 1969, as amended. The
basis for this determination is discussed in the environmental action
statement (EAS) and associated low-effect screening form, which are
also available for public review.
DATES: Written comments should be received on or before January 30,
2015.
ADDRESSES: Submitting Comments: You may submit comments by one of the
following methods:
U.S. Mail: Field Supervisor, Fish and Wildlife Service,
Carlsbad Fish and Wildlife Office, 2177 Salk Avenue, Suite 250,
Carlsbad, CA 92008.
Fax: Field Supervisor, 760-431-9624.
Obtaining Documents: To request copies of the application, proposed
HCP, and EAS, contact the Service immediately, by telephone at 760-431-
9440 or by letter to the Carlsbad Fish and Wildlife Office (see
ADDRESSES). Copies of the proposed HCP and EAS also are available for
public inspection during regular business hours at the Carlsbad Fish
and Wildlife Office (see ADDRESSES).
FOR FURTHER INFORMATION CONTACT: Ms. Karen A. Goebel, Assistant Field
Supervisor, Carlsbad Fish and Wildlife Office (see ADDRESSES);
telephone 760-431-9440. If you use a telecommunications device for the
deaf (TDD), please call the Federal Information Relay Service (FIRS) at
800-877-8339.
SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service
(Service), have received an application from Pauma Estates, Inc.
(applicant) for a 5-year incidental take permit for one covered species
pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973,
as amended (16 U.S.C. 1531 et seq., Act). The application addresses the
potential ``take'' of the endangered arroyo toad in the course of
activities associated with the construction of the Pauma Estates
residential development in unincorporated San Diego County, California.
A conservation program to avoid, minimize, and mitigate for project
activities would be implemented as described in the proposed Habitat
Conservation Plan (HCP) by the applicant.
We are requesting comments on the permit application and on the
preliminary determination that the proposed HCP qualifies as a ``low-
effect'' Habitat Conservation Plan, eligible for a categorical
exclusion under the National Environmental Policy Act (NEPA) of 1969,
as amended. The basis for this determination is discussed in the
environmental action statement (EAS) and associated low-effect
screening form, which are also available for public review.
Background
Section 9 of the Act and its implementing Federal regulations
prohibit the ``take'' of animal species listed as endangered or
threatened. Take is defined under the Act as ``to harass, harm, pursue,
hunt, shoot, wound, kill, trap, capture, or collect listed species, or
to attempt to engage in any 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 such as breeding, feeding, or sheltering (50 CFR
17.3). However, under section 10(a) of the Act, the Service may issue
permits to authorize incidental take of listed species. ``Incidental
take'' is defined by the Act as take that is incidental to, and not the
purpose of, carrying out an otherwise lawful activity. Regulations
governing incidental take permits for threatened and endangered
species, respectively, are found at 50 CFR 17.22 and 50 CFR 17.32.
The applicant requests a 5-year permit under section 10(a)(1)(B) of
the Act. If we approve the permit, the applicant anticipates taking
arroyo toad [Anaxyrus (=Bufo) californicus] as a result of permanent
impacts to 10.74 acres (ac) of habitat the species uses for feeding and
sheltering. The take would be incidental to the applicant's activities
associated with the construction of the Pauma Estates residential
development in San Diego County, California, and includes in-perpetuity
management activities within the proposed on-site biological open space
area.
The Pauma Estates project proposes to grade 16 lots for residential
homes, construct the associated initial infrastructure (private road
and utilities installation), and improve 3.8 ac of public road. The
applicant will grade and install the initial infrastructure
improvements necessary to create residential lots that will
subsequently be sold to individual buyers for final buildout (e.g.,
pads, driveways, and landscaping) at an unspecified time in the future.
The project will impact 10.74 ac of arroyo toad upland aestivation
habitat permanently as a result of the residential development
activities.
To minimize take of arroyo toad by the Pauma Estates project and
offset impacts to its habitat, the applicant proposes to mitigate for
permanent impacts to approximately 10.74 ac of occupied arroyo toad
habitat through the on-site preservation of approximately 9.43 ac of
occupied arroyo toad habitat within a dedicated conservation easement.
In addition, the applicant proposes to improve the quality of arroyo
toad habitat within the 9.43-ac biological open space area by providing
funding for and implementing the in-perpetuity management of the
biological open space area pursuant to an approved Resource Management
Plan. The applicant's proposed HCP also contains the following proposed
measures to minimize the effects of activities to arroyo toad:
Grading and construction within arroyo toad upland
aestivation habitat will only take place during the arroyo toad
breeding season (defined as March 15-July 31), when arroyo toads are
less likely to occupy the upland habitat.
A permanent arroyo toad barrier wall will be constructed
between the development area and the on-site biological open space
area.
The above described impacts and mitigation will occur within
designated critical habitat for the arroyo toad. Although the project
site is adjacent to occupied habitat for other federally threatened and
endangered species, no other listed species or designated critical
habitat occur within the project site.
Proposed Action and Alternatives
The Proposed Action consists of the issuance of an incidental take
permit and implementation of the proposed HCP, which includes measures
to avoid, minimize, and mitigate impacts to the arroyo toad. If we
approve the permit, take of arroyo toad would be authorized for the
applicant's activities associated with the construction of the Pauma
Estates residential development. In the proposed HCP, the applicant
considers alternatives to the taking of arroyo toad under the proposed
action. Three alternatives to the taking of the listed species under
the proposed action are considered in the proposed HCP.
(1) Under the Reduced Density Alternative, the project impact
footprint would be reduced; however, the alternative would either
render the project economically infeasible, or would result in
insufficient funding to conserve and manage arroyo toad habitat areas
not proposed for development.
(2) Under the Increased Density Alternative, additional areas of
arroyo toad habitat would be impacted by project development and
adequate
[[Page 78901]]
habitat for the arroyo toad would not remain for conservation and
management, thereby providing no benefit to the species in the project
area.
(3) Under the No Action Alternative, no arroyo toad habitat would
be impacted or conserved.
Our Preliminary Determination
The Service has made a preliminary determination that approval of
the proposed HCP qualifies as a categorical exclusion under NEPA, as
provided by the Department of the Interior Manual (516 DM 2 Appendix 1
and 516 DM 6 Appendix 1) and as a ``low-effect'' plan as defined by the
Habitat Conservation Planning Handbook (November 1996).
We base our determination that a HCP qualifies as a low-effect plan
on the following three criteria:
(1) Implementation of the HCP would result in minor or negligible
effects on federally listed, proposed, and candidate species and their
habitats, including designated critical habitat;
(2) Implementation of the HCP would result in minor or negligible
effects on other environmental values or resources; and
(3) Impacts of the HCP, considered together with the impacts of
other past, present, and reasonably foreseeable similarly situated
projects, would not result, over time, in cumulative effects to
environmental values or resources that would be considered significant.
Based upon this preliminary determination, we do not intend to prepare
further NEPA documentation. We will consider public comments in making
the final determination on whether to prepare such additional
documentation.
Next Steps
We will evaluate the proposed HCP and comments we receive to
determine whether the permit application meets the requirements and
issuance criteria under section 10(a) of the Act (16 U.S.C. 1531 et
seq.). We will also evaluate whether issuance of a section 10(a)(1)(B)
incidental take permit would comply with section 7 of the Act by
conducting an intra-Service 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 a permit. If the
requirements and issuance criteria under section 10(a) are met, we will
issue the permit to the applicant for incidental take of arroyo toad.
Public Comments
If you wish to comment on the permit application, proposed HCP, and
associated documents, you may submit comments by any of the methods
noted in the ADDRESSES section.
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 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.
Authority
We provide this notice under section 10 of the Act (16 U.S.C. 1531
et seq.) and NEPA regulations (40 CFR 1506.6).
Karen A. Goebel,
Acting Field Supervisor, Carlsbad Fish and Wildlife Office, Carlsbad,
California.
[FR Doc. 2014-30689 Filed 12-30-14; 8:45 am]
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