Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan, City of Santee, California; Categorical Exclusion, 76244-76246 [2023-24404]
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76244
Federal Register / Vol. 88, No. 213 / Monday, November 6, 2023 / Notices
in Lake County, Florida. We request
public comment on the application,
which includes the applicant’s habitat
conservation plan (HCP), and on the
Service’s preliminary determination that
this proposed ITP qualifies as low effect,
and may qualify for a categorical
exclusion pursuant to the Council on
Environmental Quality’s National
Environmental Policy Act (NEPA)
regulations (40 CFR 1501.4), the
Department of the Interior’s (DOI) NEPA
regulations (43 CFR 46), and the DOI’s
Departmental Manual (516 DM
8.5(C)(2)). To make this preliminary
determination, we prepared a draft
environmental action statement and
low-effect screening form, both of which
are also available for public review.
ddrumheller on DSK120RN23PROD with NOTICES1
Proposed Project
The applicant requests a 5-year ITP to
take skinks via the conversion of
approximately 1.42 acres (ac) of
occupied nesting, foraging, and
sheltering skink habitat incidental to the
construction and operation of a multifamily development on 7.78 ac on
Parcels 15–19–24–0605–001–00000 and
15–19–24–0605–003–00100 in Sections
14 and 15, Township 19 South, Range
24 East, Lake County, Florida. The
applicant proposes to mitigate for take
of the skinks by purchasing credits
equivalent to 2.84 ac of skink-occupied
habitat within the Lake Wales Ridge
Conservation Bank or another Serviceapproved conservation bank. The
Service would require the applicant to
purchase the credits prior to engaging in
any phase of the project.
Our Preliminary Determination
The Service has made a preliminary
determination that the applicant’s
proposed project, including the
construction of the buildings and
associated infrastructure (e.g., electric,
water, and sewer lines), would
individually and cumulatively have a
minor effect on the sand skinks and the
environment. Therefore, we have
preliminarily determined that the
proposed ESA section 10(a)(1)(B) permit
would be a low-effect ITP that
individually or cumulatively would
have a minor effect on the sand skink
and may qualify for application of a
categorical exclusion pursuant to the
Council on Environmental Quality’s
NEPA regulations, DOI’s NEPA
regulations, and the DOI Departmental
Manual. A low-effect incidental take
permit is one that would result in (1)
minor or nonsignificant effects on
species covered in the HCP; (2)
nonsignificant effects on the human
environment; and (3) impacts that,
when added together with the impacts
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of other past, present, and reasonably
foreseeable actions, would not result in
significant cumulative effects to the
human environment.
Next Steps
The Service will evaluate the
application and the comments to
determine whether to issue the
requested permit. We will also conduct
an intra-Service consultation pursuant
to section 7 of the ESA to evaluate the
effects of the proposed take. After
considering the preceding and other
matters, we will determine whether the
permit issuance criteria of section
10(a)(1)(B) of the ESA have been met. If
met, the Service will issue ITP number
PER1345003 to PMF Leesburg Michigan,
LLC (Michigan Property).
Public Availability of Comments
Before including your address, phone
number, email address, or other
personal identifying information in your
comment, be aware that your entire
comment, including your personal
identifying information, may be made
available to the public. While you may
request that we withhold your personal
identifying information, we cannot
guarantee that we will be able to do so.
Authority
The Service provides this notice
under section 10(c) of the Endangered
Species Act (16 U.S.C. 1531 et seq.) and
its implementing regulations (50 CFR
17.32) and the National Environmental
Policy Act (42 U.S.C. 4321 et seq.) and
its implementing regulations (40 CFR
1500–1508 and 43 CFR 46).
Robert L. Carey,
Manager, Division of Environmental Review,
Florida Ecological Services Field Office.
[FR Doc. 2023–24493 Filed 11–3–23; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS–R8–ES–2023–0190;
FXES11140800000–234–FF08ECAR00]
Receipt of Incidental Take Permit
Application and Proposed Habitat
Conservation Plan, City of Santee,
California; Categorical Exclusion
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability; request
for comments.
AGENCY:
We, the Fish and Wildlife
Service (Service), announce receipt of
an application from Mr. Louis Jutras
(applicant) for an incidental take permit
SUMMARY:
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Fmt 4703
Sfmt 4703
(ITP) under the Endangered Species Act
(ESA). The applicant requests the ITP to
take the federally threatened coastal
California gnatcatcher (Polioptila
californica californica) incidental to
construction of the Jutras residential
home project, in the City of Santee, San
Diego County, California. We request
public comment on the application,
which includes the applicant’s
proposed habitat conservation plan
(HCP), and the Service’s preliminary
determination that the proposed
permitting action may be eligible for a
categorical exclusion pursuant to the
Council on Environmental Quality’s
National Environmental Policy Act
(NEPA) regulations, the Department of
the Interior’s (DOI) NEPA regulations,
and the DOI Departmental Manual. To
make this preliminary determination,
we prepared a draft environmental
action statement and low-effect
screening form, both of which are also
available for public review. We invite
comment from the public and local,
State, Tribal, and Federal agencies.
DATES: We must receive your written
comments on or before December 6,
2023.
ADDRESSES:
Obtaining Documents: You may
obtain copies of the documents this
notice announces, along with any
comments and other materials that we
receive, online in Docket No. FWS–R8–
ES–2023–0190 at https://
www.regulations.gov.
Submitting Comments: If you wish to
submit comments, you may do so in
writing by one of the following
methods:
• Online: https://
www.regulations.gov. Follow the
instructions for submitting comments
on Docket No. FWS–R8–ES–2023–0190.
• U.S. mail: Public Comments
Processing, Attn: Docket No. FWS–R8–
ES–2023–0190; U.S. Fish and Wildlife
Service, MS: PRB/3W; 5275 Leesburg
Pike; Falls Church, VA 22041–3803.:
FOR FURTHER INFORMATION CONTACT: Mr.
Jonathan Snyder, Assistant Field
Supervisor, Carlsbad Fish and Wildlife
Office, 760–431–9440 (telephone).
Individuals in the United States who are
deaf, deafblind, hard of hearing, or have
a speech disability may dial 711 (TTY,
TDD, or TeleBraille) to access
telecommunications relay services.
Individuals outside the United States
should use the relay services offered
within their country to make
international calls to the point-ofcontact in the United States.
SUPPLEMENTARY INFORMATION: We, the
U.S. Fish and Wildlife Service (Service),
have received an application from Mr.
E:\FR\FM\06NON1.SGM
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Federal Register / Vol. 88, No. 213 / Monday, November 6, 2023 / Notices
Louis Jutras (applicant) for a 3-year
incidental take permit (ITP) for one
covered species pursuant to section
10(a)(1)(B) of the Endangered Species
Act of 1973 (ESA), as amended (16
U.S.C. 1531 et seq.). The application
addresses the potential ‘‘take’’ of the
threatened coastal California
gnatcatcher (Polioptila californica
californica) in the course of activities
associated with the construction of the
Jutras residential home project, in the
City of Santee, San Diego County,
California. We request public comment
on the application, which includes the
applicant’s habitat conservation plan
(HCP), and on the Service’s preliminary
determination that this proposed ITP
qualifies as ‘‘low effect, ’’ and may
qualify for a categorical exclusion
pursuant to the Council on
Environmental Quality’s National
Environmental Policy Act (NEPA)
regulations (40 CFR 1501.4), the
Department of the Interior’s (DOI) NEPA
regulations (43 CFR 46), and the DOI’s
Departmental Manual (516 DM
8.5(C)(2)). To make this preliminary
determination, we prepared a draft
environmental action statement and
low-effect screening form, both of which
are also available for public review.
ddrumheller on DSK120RN23PROD with NOTICES1
Proposed Project
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.
The applicant requests a 3-year ITP
under section 10(a)(1)(B) of the ESA. If
we approve the permit, the applicant
anticipates taking coastal California
gnatcatcher (Polioptila californica
californica) as a result of permanent
impacts to 0.662 acres (ac) 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 Jutras
residential project in the City of Santee,
California, and includes preservation of
0.329 ac on site and funding for
management of preserved land in the
City of Santee.
The Jutras residential project proposes
to construct a single-family residence on
a 1.015-ac parcel in the City of Santee.
The project will permanently impact
0.662 ac of coastal California
gnatcatcher occupied habitat and 0.032
ac of disturbed land as a result of
clearing and grading activities. The
remaining 0.277 ac of coastal California
gnatcatcher-occupied Diegan coastal
sage scrub (DCSS) and 0.052 ac of
disturbed land would not be impacted.
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Jkt 262001
To minimize take of coastal California
gnatcatcher by the Jutras residential
development project and offset impacts
to its habitat, the applicant proposes to
mitigate for permanent impacts to 0.662
ac of occupied coastal California
gnatcatcher habitat through the
contribution of $54,580 for management
of preserved land within the City of
Santee. The long-term management will
be carried out by the Endangered
Habitat Conservancy and will be funded
by a lump-sum initial contribution by
the applicant. The applicant’s proposed
HCP also contains measures to
minimize the effects of construction
activities on the coastal California
gnatcatcher. The clearing of DCSS will
not take place during the gnatcatcher
breeding season (defined as February 15
through August 31) when active
gnatcatcher nests are present in the
DCSS. In the event it is not feasible to
clear outside of the gnatcatcher breeding
season, pre-construction surveys for
nesting birds will be conducted within
the week prior to initiating grading
activities to ensure construction
activities do not occur within 300 feet
of an active gnatcatcher nest. A U.S.
Fish and Wildlife Service-approved
biologist will conduct a training session
for the grading contractor and will be
present on site during the initial
clearing and grubbing activities to
ensure that the direct impacts are
limited to the project footprint.
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
covered species. To comply with the
requirements for an HCP under ESA
section 10(a), alternatives to the project
and the incidental take of coastal
California gnatcatcher were evaluated.
Under the No Action Alternative, the
project would not be constructed, and
no ITP would be issued. The applicant
would have no use of their private
property. With implementation of the
project, the single-family home would
be situated in the northwestern corner
of the project site, as close as feasible to
the existing home to the north and to
the adjacent parcel with approved TM
08–04 to the west. Previous iterations of
the project design with the home sited
in the middle of the project site were
considered; however, the impacts to
Diegan coastal sage scrub were greater
than under the current project design
and would not avoid incidental take of
the coastal California gnatcatcher.
Therefore, the project is the most
biologically conservative feasible
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76245
configuration for development of a
single-family residence on the project
site.
Our Preliminary Determination
The Service has made a preliminary
determination that the applicant’s
proposed project would individually
and cumulatively have a minor effect on
the California gnatcatcher and the
human environment. Therefore, we
have preliminarily determined that the
proposed ESA section 10(a)(1)(B) ITP
would be a ‘‘low-effect’’ ITP that
individually or cumulatively would
have a minor effect on the species and
may qualify for application of a
categorical exclusion pursuant to the
Council on Environmental Quality’s
NEPA regulations, DOI’s NEPA
regulations, and the DOI Departmental
Manual. A ‘‘low-effect’’ ITP is one that
would result in (1) minor or
nonsignificant effects on species
covered in the HCP; (2) nonsignificant
effects on the human environment; and
(3) impacts that, when added together
with the impacts of other past, present,
and reasonable foreseeable actions,
would not result in significant
cumulative effects to the human
environment.
Next Steps
The Service will evaluate the
application and the comments received
to determine whether to issue the
requested ITP. We will also conduct an
intra-Service consultation pursuant to
section 7 of the ESA to evaluate the
effects of the proposed take. After
considering the preceding and other
matters, we will determine whether the
permit issuance criteria of section
10(a)(1)(B) of the ESA have been met. If
met, the Service will issue the permit to
the applicant for incidental take of
coastal California gnatcatcher.
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 ESA (16 U.S.C. 1531 et seq.)
and its implementing regulations (50
CFR 17.22 and 17.32) and the National
Environmental Policy Act (42 U.S.C.
E:\FR\FM\06NON1.SGM
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76246
Federal Register / Vol. 88, No. 213 / Monday, November 6, 2023 / Notices
4321 et seq.) and its implementing
regulations (40 CFR 1500–1508 and 43
CFR 46).
Scott A. Sobiech,
Field Supervisor, Carlsbad Fish and Wildlife
Office, Carlsbad, California.
[FR Doc. 2023–24404 Filed 11–3–23; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF THE INTERIOR
National Park Service
[NPS–WASO–PPFL–36595; PPWOPPFLF0–
PMO00AD05.Y00000; 23XP103905]
Notice of Availability and Request for
Comments on Draft Director’s Order
#36 Concerning National Park Service
Policies and Procedures Governing
Housing Management
National Park Service, Interior.
Notice of availability.
Alma Ripps,
Chief, Office of Policy.
• Email: DOI_Privacy@ios.doi.gov.
Include docket number [DOI–2023–
0016] in the subject line of the message.
• U.S. Mail or Hand-Delivery: Teri
Barnett, Departmental Privacy Officer,
U.S. Department of the Interior, 1849 C
Street NW, Room 7112, Washington, DC
20240.
Instructions: All submissions received
must include the agency name and
docket number [DOI–2023–0016]. All
comments received will be posted
without change to https://
www.regulations.gov, including any
personal information provided.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov.
[FR Doc. 2023–24466 Filed 11–3–23; 8:45 am]
FOR FURTHER INFORMATION CONTACT:
BILLING CODE 4312–52–P
Patrick Dege, Associate Privacy Officer,
Information Resource Office, Office of
Surface Mining Reclamation and
Enforcement, 1849 C Street NW, Mail
Stop 1200 West Corridor, Washington,
DC 20240, OSMRE_Privacy@osmre.gov
or (202) 208–3549.
SUPPLEMENTARY INFORMATION:
and procedures for providing and
maintaining GFH.
Public Disclosure of Comments:
Before including your address,
telephone 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: 54 U.S.C. 100101(a) et seq.)
AGENCY:
ACTION:
The National Park Service
(NPS) has prepared Director’s Order #36
to set forth its policies and procedures
to manage Government-furnished
housing (GFH), units owned or leased
by the Government for which the
Government serves as landlord, or lease
holder. Once adopted, the policies and
procedures in Director’s Order #36 and
the accompanying Reference Manual 36
will supersede and replace the policies
and procedures issued in Director’s
Order #36: Housing Management, dated
August 5, 2009.
DATES: Written comments will be
accepted until December 6, 2023.
ADDRESSES: Draft Director’s Order #36 is
available online at https://www.nps.gov/
subjects/policy/new.htm where readers
may submit comments electronically.
FOR FURTHER INFORMATION CONTACT:
Alicia Overby, Housing Management
Program Manager, National Park
Service, at housing_management_
program@nps.gov, or by telephone at
202–513–7014.
SUPPLEMENTARY INFORMATION: The NPS
is updating its current system of internal
written instructions. When these
documents contain new policy or
procedural requirements that may affect
parties outside the NPS, they are first
made available for public review and
comment before being adopted.
Director’s Order #36 and a reference
manual (subsequent to the Director’s
Order) will be issued. The draft
Director’s Order provides direction to
NPS managers and employees who are
responsible for GFH programs; guidance
of consistent application and adherence
to laws, regulations, and Department of
the Interior policies; and requirements
ddrumheller on DSK120RN23PROD with NOTICES1
SUMMARY:
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
[DOI–2023–0016; S1D1S SS08011000
SX064A000 234S180110]
Privacy Act of 1974; System of
Records
Office of Surface Mining
Reclamation and Enforcement, Interior.
ACTION: Notice of a modified system of
records.
AGENCY:
Pursuant to the provisions of
the Privacy Act of 1974, as amended,
the Department of the Interior (DOI,
Department) is issuing a public notice of
its intent to modify the Office of Surface
Mining Reclamation and Enforcement
(OSMRE) Privacy Act system of records,
INTERIOR/OSM–12, Blaster
Certification. The OSMRE is revising
this system of records notice (SORN) to
update the bureau designation in the
system number to reflect the entirety of
the bureau name, update all sections of
the notice, and provide general and
administrative updates to accurately
reflect the modified system. This
modified system will be included in
DOI’s inventory of record systems.
DATES: This modified system will be
effective upon publication. New or
modified routine uses will be effective
December 6, 2023. Submit comments on
or before December 6, 2023.
ADDRESSES: You may submit comments,
identified by docket number [DOI–
2023–0016], by any of the following
methods:
• Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
SUMMARY:
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I. Background
The OSMRE maintains the
INTERIOR/OSM–12, Blaster
Certification, system of records to
manage the certifications of blasters in
Federal Program States and on Indian
Lands in compliance with the
provisions of the Surface Mining
Control and Reclamation Act of 1977.
The OSMRE Blaster Certification system
of records serves as a tool for OSMRE
to grant blaster applicants’ certificates
for issuance, renewal, reissuance and
reciprocity status, administration, and
notification procedures, as well as to
provide an adequate record-keeping
system for compliance with a Federal
program and enable OSMRE as the
regulatory authority to effectively
monitor its program requirements.
OSMRE is publishing this revised
notice to update the bureau designation
in the SORN number from ‘‘OSM–12’’ to
‘‘OSMRE–12’’ in order to reflect the
bureau’s full title of Office of Surface
Mining Reclamation and Enforcement;
update the system location and system
manager and address; update legal
authorities; propose new and modified
routine uses; update the categories of
records to provide additional
information on the types of data
maintained in the records; update the
records retention schedule; update the
sections for record access, notification,
and contesting record procedures to
clarify how individuals may submit
Privacy Act requests; and provide
general and administrative updates to
E:\FR\FM\06NON1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 213 (Monday, November 6, 2023)]
[Notices]
[Pages 76244-76246]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24404]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS-R8-ES-2023-0190; FXES11140800000-234-FF08ECAR00]
Receipt of Incidental Take Permit Application and Proposed
Habitat Conservation Plan, City of Santee, California; Categorical
Exclusion
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for comments.
-----------------------------------------------------------------------
SUMMARY: We, the Fish and Wildlife Service (Service), announce receipt
of an application from Mr. Louis Jutras (applicant) for an incidental
take permit (ITP) under the Endangered Species Act (ESA). The applicant
requests the ITP to take the federally threatened coastal California
gnatcatcher (Polioptila californica californica) incidental to
construction of the Jutras residential home project, in the City of
Santee, San Diego County, California. We request public comment on the
application, which includes the applicant's proposed habitat
conservation plan (HCP), and the Service's preliminary determination
that the proposed permitting action may be eligible for a categorical
exclusion pursuant to the Council on Environmental Quality's National
Environmental Policy Act (NEPA) regulations, the Department of the
Interior's (DOI) NEPA regulations, and the DOI Departmental Manual. To
make this preliminary determination, we prepared a draft environmental
action statement and low-effect screening form, both of which are also
available for public review. We invite comment from the public and
local, State, Tribal, and Federal agencies.
DATES: We must receive your written comments on or before December 6,
2023.
ADDRESSES:
Obtaining Documents: You may obtain copies of the documents this
notice announces, along with any comments and other materials that we
receive, online in Docket No. FWS-R8-ES-2023-0190 at https://www.regulations.gov.
Submitting Comments: If you wish to submit comments, you may do so
in writing by one of the following methods:
Online: https://www.regulations.gov. Follow the
instructions for submitting comments on Docket No. FWS-R8-ES-2023-0190.
U.S. mail: Public Comments Processing, Attn: Docket No.
FWS-R8-ES-2023-0190; U.S. Fish and Wildlife Service, MS: PRB/3W; 5275
Leesburg Pike; Falls Church, VA 22041-3803.:
FOR FURTHER INFORMATION CONTACT: Mr. Jonathan Snyder, Assistant Field
Supervisor, Carlsbad Fish and Wildlife Office, 760-431-9440
(telephone). Individuals in the United States who are deaf, deafblind,
hard of hearing, or have a speech disability may dial 711 (TTY, TDD, or
TeleBraille) to access telecommunications relay services. Individuals
outside the United States should use the relay services offered within
their country to make international calls to the point-of-contact in
the United States.
SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service
(Service), have received an application from Mr.
[[Page 76245]]
Louis Jutras (applicant) for a 3-year incidental take permit (ITP) for
one covered species pursuant to section 10(a)(1)(B) of the Endangered
Species Act of 1973 (ESA), as amended (16 U.S.C. 1531 et seq.). The
application addresses the potential ``take'' of the threatened coastal
California gnatcatcher (Polioptila californica californica) in the
course of activities associated with the construction of the Jutras
residential home project, in the City of Santee, San Diego County,
California. We request public comment on the application, which
includes the applicant's habitat conservation plan (HCP), and on the
Service's preliminary determination that this proposed ITP qualifies as
``low effect, '' and may qualify for a categorical exclusion pursuant
to the Council on Environmental Quality's National Environmental Policy
Act (NEPA) regulations (40 CFR 1501.4), the Department of the
Interior's (DOI) NEPA regulations (43 CFR 46), and the DOI's
Departmental Manual (516 DM 8.5(C)(2)). To make this preliminary
determination, we prepared a draft environmental action statement and
low-effect screening form, both of which are also available for public
review.
Proposed Project
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.
The applicant requests a 3-year ITP under section 10(a)(1)(B) of
the ESA. If we approve the permit, the applicant anticipates taking
coastal California gnatcatcher (Polioptila californica californica) as
a result of permanent impacts to 0.662 acres (ac) 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 Jutras residential project in the City of Santee,
California, and includes preservation of 0.329 ac on site and funding
for management of preserved land in the City of Santee.
The Jutras residential project proposes to construct a single-
family residence on a 1.015-ac parcel in the City of Santee. The
project will permanently impact 0.662 ac of coastal California
gnatcatcher occupied habitat and 0.032 ac of disturbed land as a result
of clearing and grading activities. The remaining 0.277 ac of coastal
California gnatcatcher-occupied Diegan coastal sage scrub (DCSS) and
0.052 ac of disturbed land would not be impacted.
To minimize take of coastal California gnatcatcher by the Jutras
residential development project and offset impacts to its habitat, the
applicant proposes to mitigate for permanent impacts to 0.662 ac of
occupied coastal California gnatcatcher habitat through the
contribution of $54,580 for management of preserved land within the
City of Santee. The long-term management will be carried out by the
Endangered Habitat Conservancy and will be funded by a lump-sum initial
contribution by the applicant. The applicant's proposed HCP also
contains measures to minimize the effects of construction activities on
the coastal California gnatcatcher. The clearing of DCSS will not take
place during the gnatcatcher breeding season (defined as February 15
through August 31) when active gnatcatcher nests are present in the
DCSS. In the event it is not feasible to clear outside of the
gnatcatcher breeding season, pre-construction surveys for nesting birds
will be conducted within the week prior to initiating grading
activities to ensure construction activities do not occur within 300
feet of an active gnatcatcher nest. A U.S. Fish and Wildlife Service-
approved biologist will conduct a training session for the grading
contractor and will be present on site during the initial clearing and
grubbing activities to ensure that the direct impacts are limited to
the project footprint.
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 covered species. To comply
with the requirements for an HCP under ESA section 10(a), alternatives
to the project and the incidental take of coastal California
gnatcatcher were evaluated. Under the No Action Alternative, the
project would not be constructed, and no ITP would be issued. The
applicant would have no use of their private property. With
implementation of the project, the single-family home would be situated
in the northwestern corner of the project site, as close as feasible to
the existing home to the north and to the adjacent parcel with approved
TM 08-04 to the west. Previous iterations of the project design with
the home sited in the middle of the project site were considered;
however, the impacts to Diegan coastal sage scrub were greater than
under the current project design and would not avoid incidental take of
the coastal California gnatcatcher. Therefore, the project is the most
biologically conservative feasible configuration for development of a
single-family residence on the project site.
Our Preliminary Determination
The Service has made a preliminary determination that the
applicant's proposed project would individually and cumulatively have a
minor effect on the California gnatcatcher and the human environment.
Therefore, we have preliminarily determined that the proposed ESA
section 10(a)(1)(B) ITP would be a ``low-effect'' ITP that individually
or cumulatively would have a minor effect on the species and may
qualify for application of a categorical exclusion pursuant to the
Council on Environmental Quality's NEPA regulations, DOI's NEPA
regulations, and the DOI Departmental Manual. A ``low-effect'' ITP is
one that would result in (1) minor or nonsignificant effects on species
covered in the HCP; (2) nonsignificant effects on the human
environment; and (3) impacts that, when added together with the impacts
of other past, present, and reasonable foreseeable actions, would not
result in significant cumulative effects to the human environment.
Next Steps
The Service will evaluate the application and the comments received
to determine whether to issue the requested ITP. We will also conduct
an intra-Service consultation pursuant to section 7 of the ESA to
evaluate the effects of the proposed take. After considering the
preceding and other matters, we will determine whether the permit
issuance criteria of section 10(a)(1)(B) of the ESA have been met. If
met, the Service will issue the permit to the applicant for incidental
take of coastal California gnatcatcher.
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 ESA (16 U.S.C. 1531
et seq.) and its implementing regulations (50 CFR 17.22 and 17.32) and
the National Environmental Policy Act (42 U.S.C.
[[Page 76246]]
4321 et seq.) and its implementing regulations (40 CFR 1500-1508 and 43
CFR 46).
Scott A. Sobiech,
Field Supervisor, Carlsbad Fish and Wildlife Office, Carlsbad,
California.
[FR Doc. 2023-24404 Filed 11-3-23; 8:45 am]
BILLING CODE 4333-15-P
