Endangered and Threatened Wildlife and Plants; Incidental Take Permit Application; Proposed Low-Effect Habitat Conservation Plan and Associated Documents; City of Monterey Park, California, 96471-96473 [2016-31694]
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srobinson on DSK5SPTVN1PROD with NOTICES
Federal Register / Vol. 81, No. 251 / Friday, December 30, 2016 / Notices
Guam
Andersen AFB
Andersen AFB Family Housing
Andersen GU
Landholding Agency: Navy
Property Number: 77201640013
Status: Excess
Comments: Friable asbestos
Reasons: Contamination
Andersen AFB Family Housing
Robert’s Terrace Housing Area
Andersen GU
Landholding Agency: Navy
Property Number: 77201640014
Status: Excess
Directions: Some Capehart Housing along
Ponape Blvd.
Comments: Friable asbestos
Reasons: Contamination
Missouri
Table Rock Lake Project
TRL–45426
Cape Fair Recreation Area Pit Toilet
Cape Fair MO 65624
Landholding Agency: COE
Property Number: 31201640019
Status: Underutilized
Comments: Extensive deterioration; building
in disrepair due to cracks in the
foundation, walls & sidewalk.
Reasons: Extensive deterioration
01002 LONGBR–29279
Dwelling Frame W/Double Garage & Patio
30174 Visitor Center Road
Macon MO 63552
Landholding Agency: COE
Property Number: 31201640020
Status: Excess
Directions: Long Branch Project
Comments: Unsound foundation; black mold
throughout; water damage on ceiling;
fireplace collapsing.
Reasons: Extensive deterioration
Montana
3 Buildings
Tiber Dam Camp, N1/2, SW1/4, SE1/4
Chester MT 59522
Landholding Agency: Interior
Property Number: 61201640003
Status: Excess
Directions: R008400200B, R008400400B,
R008400300B
Comments: Rodent damaged and extensive
deterioration of wood; clear threat to
physical safety
Reasons: Extensive deterioration
Nebraska
543800B117 Cattle Poleshed
#73 RPUID:03.55111
844 RD 313
Clay Center NE 68933
Landholding Agency: Agriculture
Property Number: 15201640026
Status: Excess
Directions: 19606 HRUSKA U.S. Meat
Animal Research Center
Comments: Not structurally sound.
Reasons: Extensive deterioration
Nevada
FMA HSG 800–804
(&99011 Land Fee Pru)
Tonopah AFS Z164—WZVS
Tonopah NV 89049
VerDate Sep<11>2014
19:18 Dec 29, 2016
Jkt 241001
Landholding Agency: Air Force
Property Number: 18201530002
Status: Excess
Directions: Fac #80000818213 #2 Victoria St.;
80100818212 #3 Victoria St.; 80300818210
#5 Victoria St.; 80300818209 #6 Victoria
St.; 80400818208 #7 Victoria St.
Comments: Documented deficiencies:
severely weather damaged; significant
rodent infestation; clear threat of physical
safety
Reasons: Extensive deterioration
Virgin Islands
Cinnamon Bay Concession Cottage
Cinnamon Bay Campground
on North Shore Road
St. John VI 00830
Landholding Agency: Interior
Property Number: 61201640002
Status: Underutilized
Directions: #1–10
Comments: Property located within floodway
which has not been correct or contained;
documented deficiencies; foundation is
crumbling at the edges causing the
stuccoed walls to sink.
Reasons: Floodway; Extensive deterioration
Unsuitable Properties
Land
California
Steam Plant
Naval Air Station North Island
Coronado CA
Landholding Agency: Navy
Property Number: 77201640010
Status: Underutilized
Directions: 2.62 acres of land
Comments: Public access denied and no
alternative method to gain access without
compromising national security.
Reasons: Secured Area
Steam Plant Parking Area
Naval Air Station North Island
Coronado CA
Landholding Agency: Navy
Property Number: 77201640011
Status: Underutilized
Directions: 1.1 acres of land
Comments: Public access denied and no
alternative method to gain access without
compromising national security.
Reasons: Secured Area
[FR Doc. 2016–31334 Filed 12–29–16; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R8–ES–2016–N230];
[FXES11140800000–178–FF08ECAR00]
Endangered and Threatened Wildlife
and Plants; Incidental Take Permit
Application; Proposed Low-Effect
Habitat Conservation Plan and
Associated Documents; City of
Monterey Park, California
AGENCY:
Fish and Wildlife Service,
Interior.
PO 00000
Frm 00039
Fmt 4703
Sfmt 4703
96471
Notice of availability; request
for comments.
ACTION:
We, the U.S. Fish and
Wildlife Service (Service), have received
an application from Monterey Park
Retail Partners, LLC (applicant) for a 5year incidental take permit for the
threatened coastal California
gnatcatcher (Polioptila californica
californica) pursuant to the Endangered
Species Act of 1973, as amended (Act).
We are requesting comments on the
permit application and on the
preliminary determination that the
proposed Habitat Conservation Plan
qualifies as a ‘‘low-effect’’ habitat
conservation plan, eligible for a
categorical exclusion under the National
Environmental Policy Act (NEPA) of
1969, as amended. The basis for this
determination is discussed in the
environmental action statement (EAS)
and the associated low-effect screening
form, which are also available for public
review.
DATES: Written comments should be
received on or before January 30, 2017.
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, 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 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 Relay Service at
800–877–8339.
SUPPLEMENTARY INFORMATION: We, the
U.S. Fish and Wildlife Service (Service),
have received an application from
Monterey Park Retail Partners, LLC
(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 threatened coastal
California gnatcatcher (Polioptila
californica californica; gnatcatcher) in
SUMMARY:
E:\FR\FM\30DEN1.SGM
30DEN1
96472
Federal Register / Vol. 81, No. 251 / Friday, December 30, 2016 / Notices
the course of activities associated with
the construction, operation, and
maintenance of the Monterey Park
Market Place project, in the City of
Monterey Park, Los Angeles County,
California. A conservation program to
avoid, minimize, and mitigate for
project activities would be implemented
as described in the applicant’s proposed
habitat conservation plan (HCP).
We are requesting comments on the
permit application and on the
preliminary determination that the
proposed HCP qualifies as a ‘‘loweffect’’ HCP, 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.
srobinson on DSK5SPTVN1PROD with NOTICES
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 animal
species, or to attempt to engage in such
conduct’’ (16 U.S.C. 1538). ‘‘Harm’’
includes significant habitat modification
or degradation that actually kills or
injures listed wildlife by significantly
impairing essential behavioral patterns
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 in the Code of Federal
Regulations at 50 CFR 17.22 and 50 CFR
17.32.
Applicant’s Proposed Project
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 gnatcatcher as a result
of permanent impacts to 2.77 acres of
habitat the species uses for breeding,
feeding, and sheltering. The take would
be incidental to the applicant’s activities
associated with the construction of the
Monterey Park Market Place project in
the City of Monterey Park, California,
and includes restoration and inperpetuity preservation and
management of 12 acres of gnatcatcher
habitat.
VerDate Sep<11>2014
19:18 Dec 29, 2016
Jkt 241001
The Monterey Park Market Place
project consists of the construction of a
62-acre commercial retail development
in the City of Monterey Park. The
project will permanently impact 2.77
acres of gnatcatcher-occupied habitat as
a result of clearing and grading
activities. Up to three gnatcatcher
territories have been documented on the
project site.
To minimize take of gnatcatcher by
the Monterey Park Market Place project
and offset impacts to its habitat, the
applicant proposes to mitigate for
permanent impacts to 2.77 acres of
occupied gnatcatcher habitat through
the restoration, conservation, and inperpetuity management of 12 acres of
coastal sage scrub suitable for the
gnatcatcher by a Service-approved
restoration contractor and the Puente
Hills Habitat Authority. The applicant’s
proposed HCP also contains the
following proposed measures to
minimize the effects of construction
activities on the gnatcatcher:
• Grading limits will be delineated
with construction fencing and silt
fencing to ensure that impact limits do
not extend beyond the allowed limits of
development.
• A Service-approved biologist will
monitor grading of the site and provide
a letter summarizing compliance with
the construction limits of the proposed
project to the Service within one month
of completion of grading.
• Vegetation clearing will take place
outside of the bird nesting season
(February l5 through August 31) to the
fullest extent practicable. Clearing may
only occur during this period once a
Service-approved biologist has
conducted at least three surveys of the
impact areas for nesting birds, with each
survey taking place one week apart and
the last survey conducted within 24
hours prior to clearing. The Serviceapproved biologist will document
compliance with the Migratory Bird
Treaty Act (MBTA) and other applicable
regulations that protect nesting birds. If
an active bird nest is observed, an
appropriate buffer (minimum of 300 feet
for any active gnatcatcher nest) will be
established wherein no project activities
will occur until the nest is no longer
active.
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
gnatcatcher. If we approve the permit,
take of gnatcatcher would be authorized
for the applicant’s activities associated
with the construction of the Monterey
PO 00000
Frm 00040
Fmt 4703
Sfmt 4703
Park Market Place project. In the
proposed HCP, the applicant considers
alternatives to the taking of gnatcatcher
under the proposed action. Alternative
development configuration was
considered; however, because of the
small size and irregular shape of the
project site, further avoidance of
impacts to gnatcatcher habitat could not
be achieved. The applicant also
considered the No Action Alternative.
Under the No Action Alternative, no
incidental take of gnatcatcher habitat
would occur, and no long-term
protection and management would be
afforded to the species.
Our Preliminary Determination
The Service has made a preliminary
determination that the approval of the
HCP and issuance of an incidental take
permit qualify for categorical exclusion
under NEPA (42 U.S.C. 4321 et seq.), as
provided by the Department of the
Interior implementing regulations in
part 46 of title 43 of the Code of Federal
Regulations (43 CFR 46.205, 46.210, and
46.215), and that the HCP qualifies as a
‘‘low-effect’’ plan as defined by the
Habitat Conservation Planning
Handbook (December 2016).
We base our determination that an
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;
(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
E:\FR\FM\30DEN1.SGM
30DEN1
96473
Federal Register / Vol. 81, No. 251 / Friday, December 30, 2016 / Notices
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 gnatcatcher.
Public Comments
Fish and Wildlife Service
[FWS–R3–ES–2016–N229;
FXES11130300000–178–FF03E00000]
Endangered and Threatened Wildlife
and Plants; Permit Applications
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability; request
for comments.
AGENCY:
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 ADDRESSES.
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.
BILLING CODE 4333–15–P
Applicant
We, the U.S. Fish and
Wildlife Service, invite the public to
comment on the following applications
for a permit to conduct activities
intended to enhance the survival of
endangered or threatened species.
Federal law prohibits certain activities
with endangered species unless a permit
is obtained.
DATES: We must receive any written
comments on or before January 30,
2017.
ADDRESSES: Send written comments by
U.S. mail to the Regional Director, Attn:
Carlita Payne, U.S. Fish and Wildlife
Service, Ecological Services, 5600
American Blvd. West, Suite 990,
Bloomington, MN 55437–1458; or by
electronic mail to permitsR3ES@fws.gov.
FOR FURTHER INFORMATION CONTACT:
Carlita Payne, (612) 713–5343.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
The Endangered Species Act of 1973
(ESA), as amended (16 U.S.C. 1531 et
seq.), prohibits certain activities with
endangered and threatened species
unless the activities are specifically
authorized by a Federal permit. The
[FR Doc. 2016–31694 Filed 12–29–16; 8:45 am]
Application
No.
DEPARTMENT OF THE INTERIOR
We invite local, State, Tribal, and
Federal agencies and the public to
comment on the following applications.
Please refer to the permit number when
you submit comments. Documents and
other information the applicants have
submitted with the applications are
available for review, subject to the
requirements of the Privacy Act (5
U.S.C. 552a) and Freedom of
Information Act (5 U.S.C. 552).
Permit Applications
Proposed activities in the following
permit requests are for the recovery and
enhancement of survival of the species
in the wild.
Permit
action
Location
Activity
Type of take
Alabama, Illinois, Indiana,
Iowa, Michigan, Missouri, Ohio, Wisconsin.
Illinois ................................
Survey and monitor, habitat assessment.
Capture and release,
exuviae collection, adult
counts.
Capture, handle, radio-tag,
harp trap, release.
Renew.
Capture, handle, mist-net,
harp trap, radio-tag,
band, release.
New.
Kenneth
Mierzwa.
Hine’s emerald dragonfly
(Somatochlora hineana).
TE11170C .....
Ashleigh
Cable.
TE01311C .....
Shawn
McKinley.
TE13571C .....
srobinson on DSK5SPTVN1PROD with NOTICES
Applications Available for Review and
Comment
Species
TE38793A .....
Jennifer
Moore.
Indiana bat (Myotis
sodalis), gray bat (M.
grisescens), northern
long-eared bat (M.
septentrionalis).
Indiana bat (Myotis
sodalis), gray bat (M.
grisescens), northern
long-eared bat (M.
septentrionalis), Virginia
big-eared bat (Plecotus
townsendii virginianus).
Eastern massasauga rattlesnake (Sistrurus
catenatus).
TE14588C .....
Dane Smith
VerDate Sep<11>2014
ESA and our implementing regulations
in part 17 of title 50 of the Code of
Federal Regulations (CFR) provide for
the issuance of such permits and require
that we invite public comment before
issuing permits for activities involving
endangered species.
A permit granted by us under section
10(a)(1)(A) of the ESA authorizes the
permittee to conduct activities with U.S.
endangered or threatened species for
scientific purposes, enhancement of
propagation or survival, or interstate
commerce (the latter only in the event
that it facilitates scientific purposes or
enhancement of propagation or
survival). Our regulations implementing
section 10(a)(1)(A) of the ESA for these
permits are found at 50 CFR 17.22 for
endangered wildlife species, 50 CFR
17.32 for threatened wildlife species, 50
CFR 17.62 for endangered plant species,
and 50 CFR 17.72 for threatened plant
species.
Indiana bat (Myotis
sodalis), gray bat (M.
grisescens), northern
long-eared bat (M.
septentrionalis).
19:18 Dec 29, 2016
Jkt 241001
PO 00000
Rangewide ........................
Michigan ...........................
Missouri ............................
Frm 00041
Fmt 4703
Conduct presence/absence surveys, document habitat use, conduct population monitoring, evaluate impacts.
Conduct presence/absence surveys, document habitat use, conduct population monitoring, evaluate impacts.
Survey and monitoring,
habitat assessment,
population connectivity
assessment.
Conduct presence/absence surveys, document habitat use, conduct population monitoring, evaluate impacts.
Sfmt 4703
E:\FR\FM\30DEN1.SGM
New.
Capture, handle, pit-tag,
New.
tissue collection, release.
Capture, handle, mist-net,
radio-tag, band, tissue
collection, release.
30DEN1
New.
Agencies
[Federal Register Volume 81, Number 251 (Friday, December 30, 2016)]
[Notices]
[Pages 96471-96473]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31694]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R8-ES-2016-N230]; [FXES11140800000-178-FF08ECAR00]
Endangered and Threatened Wildlife and Plants; Incidental Take
Permit Application; Proposed Low-Effect Habitat Conservation Plan and
Associated Documents; City of Monterey Park, 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 Monterey Park Retail Partners, LLC
(applicant) for a 5-year incidental take permit for the threatened
coastal California gnatcatcher (Polioptila californica californica)
pursuant to the Endangered Species Act of 1973, as amended (Act). We
are requesting comments on the permit application and on the
preliminary determination that the proposed Habitat Conservation Plan
qualifies as a ``low-effect'' habitat conservation plan, eligible for a
categorical exclusion under the National Environmental Policy Act
(NEPA) of 1969, as amended. The basis for this determination is
discussed in the environmental action statement (EAS) and the
associated low-effect screening form, which are also available for
public review.
DATES: Written comments should be received on or before January 30,
2017.
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, 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 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 Relay Service at 800-877-8339.
SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service
(Service), have received an application from Monterey Park Retail
Partners, LLC (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 threatened coastal
California gnatcatcher (Polioptila californica californica;
gnatcatcher) in
[[Page 96472]]
the course of activities associated with the construction, operation,
and maintenance of the Monterey Park Market Place project, in the City
of Monterey Park, Los Angeles County, California. A conservation
program to avoid, minimize, and mitigate for project activities would
be implemented as described in the applicant's proposed habitat
conservation plan (HCP).
We are requesting comments on the permit application and on the
preliminary determination that the proposed HCP qualifies as a ``low-
effect'' HCP, 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 animal
species, or to attempt to engage in such conduct'' (16 U.S.C. 1538).
``Harm'' includes significant habitat modification or degradation that
actually kills or injures listed wildlife by significantly impairing
essential behavioral patterns 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 in the Code of Federal
Regulations at 50 CFR 17.22 and 50 CFR 17.32.
Applicant's Proposed Project
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
gnatcatcher as a result of permanent impacts to 2.77 acres of habitat
the species uses for breeding, feeding, and sheltering. The take would
be incidental to the applicant's activities associated with the
construction of the Monterey Park Market Place project in the City of
Monterey Park, California, and includes restoration and in-perpetuity
preservation and management of 12 acres of gnatcatcher habitat.
The Monterey Park Market Place project consists of the construction
of a 62-acre commercial retail development in the City of Monterey
Park. The project will permanently impact 2.77 acres of gnatcatcher-
occupied habitat as a result of clearing and grading activities. Up to
three gnatcatcher territories have been documented on the project site.
To minimize take of gnatcatcher by the Monterey Park Market Place
project and offset impacts to its habitat, the applicant proposes to
mitigate for permanent impacts to 2.77 acres of occupied gnatcatcher
habitat through the restoration, conservation, and in-perpetuity
management of 12 acres of coastal sage scrub suitable for the
gnatcatcher by a Service-approved restoration contractor and the Puente
Hills Habitat Authority. The applicant's proposed HCP also contains the
following proposed measures to minimize the effects of construction
activities on the gnatcatcher:
Grading limits will be delineated with construction
fencing and silt fencing to ensure that impact limits do not extend
beyond the allowed limits of development.
A Service-approved biologist will monitor grading of the
site and provide a letter summarizing compliance with the construction
limits of the proposed project to the Service within one month of
completion of grading.
Vegetation clearing will take place outside of the bird
nesting season (February l5 through August 31) to the fullest extent
practicable. Clearing may only occur during this period once a Service-
approved biologist has conducted at least three surveys of the impact
areas for nesting birds, with each survey taking place one week apart
and the last survey conducted within 24 hours prior to clearing. The
Service-approved biologist will document compliance with the Migratory
Bird Treaty Act (MBTA) and other applicable regulations that protect
nesting birds. If an active bird nest is observed, an appropriate
buffer (minimum of 300 feet for any active gnatcatcher nest) will be
established wherein no project activities will occur until the nest is
no longer active.
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 gnatcatcher. If we
approve the permit, take of gnatcatcher would be authorized for the
applicant's activities associated with the construction of the Monterey
Park Market Place project. In the proposed HCP, the applicant considers
alternatives to the taking of gnatcatcher under the proposed action.
Alternative development configuration was considered; however, because
of the small size and irregular shape of the project site, further
avoidance of impacts to gnatcatcher habitat could not be achieved. The
applicant also considered the No Action Alternative. Under the No
Action Alternative, no incidental take of gnatcatcher habitat would
occur, and no long-term protection and management would be afforded to
the species.
Our Preliminary Determination
The Service has made a preliminary determination that the approval
of the HCP and issuance of an incidental take permit qualify for
categorical exclusion under NEPA (42 U.S.C. 4321 et seq.), as provided
by the Department of the Interior implementing regulations in part 46
of title 43 of the Code of Federal Regulations (43 CFR 46.205, 46.210,
and 46.215), and that the HCP qualifies as a ``low-effect'' plan as
defined by the Habitat Conservation Planning Handbook (December 2016).
We base our determination that an 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;
(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
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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 gnatcatcher.
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 ADDRESSES.
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. 2016-31694 Filed 12-29-16; 8:45 am]
BILLING CODE 4333-15-P