Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for Montebello Hills Phase B Project, City of Montebello, CA; Categorical Exclusion, 940-942 [2024-00163]
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Federal Register / Vol. 89, No. 5 / Monday, January 8, 2024 / Notices
permit not operate to the disadvantage
of endangered species, and that the
permit be consistent with the purposes
of the ESA.
Our regulations implementing the
ESA are in chapter I, subchapter B of
title 50 of the Code of Federal
Regulations (CFR) (50 CFR 13 and 50
CFR 17). The regulations stipulate
general and specific requirements that,
when met, allow us to issue permits to
authorize activities that are otherwise
prohibited. Upon receipt of a complete
application, the Director may issue a
permit authorizing any activity
otherwise prohibited by § 17.21, in
accordance with the issuance criteria of
this section, for scientific purposes, for
enhancing the propagation or survival,
or for the incidental taking of
endangered wildlife. Such permits may
authorize a single transaction, a series of
transactions, or a number of activities
over a specific period of time. (See
§ 17.32 for permits for threatened
species.)
We collect information associated
with application forms to determine the
eligibility of applicants for permits
requested in accordance with the
criteria in section 10 of the ESA. The
Service uses the following permit
application forms for activities
associated with native endangered and
threatened species:
• Form 3–200–54, Enhancement of
Survival Permits Associated with Safe
Harbor Agreement and Candidate
Conservation Agreement with
Assurances;
• Form 3–200–56, Incidental Take
Permits Associated with a Habitat
Conservation Plan (HCP);
• Form 3–200–59, Scientific,
Enhancement of Propagation, or
Survival (i.e., Purposeful Take for
Recovery); and
• Form 3–200–60, Interstate
Commerce.
Annual reporting of the results
subsequent to the activity authorized by
the permit is required in most cases
(under the authority of section
10(a)(1)(A) and 10(a)(1)(B) of the ESA
and its implementing regulations at 50
CFR 17). These reports allow us to
evaluate the success of the project,
formulate further research, and develop
and adjust management and recovery
plans for the species. We currently use
the following reports specific to
particular species (and regions, where
appropriate):
• Form 3–202–55a, U.S. Fish and
Wildlife Service Geographic Area:
Southwestern Bat Reporting Form;
• Form 3–202–55b, U.S. Fish and
Wildlife Service Geographic Area:
Midwestern Bat Reporting Form;
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16:46 Jan 05, 2024
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• Form 3–202–55c, U.S. Fish and
Wildlife Service Geographic Area:
Southeastern Bat Reporting Form;
• Form 3–202–55d, U.S. Fish and
Wildlife Service Geographic Area:
Northeastern Bat Reporting Form; and
• Form 3–202–55e, U.S. Fish and
Wildlife Service Geographic Area:
Plains/Rockies Bat Reporting Form.
• Form 3–202–55f, Non-Releasable
Sea Turtle Annual Report; and
• Form 3–202–55g, Sea Turtle
Rehabilitation Annual Report.
• Form 3–2523, Midwest Geographic
Area: Freshwater Mussel Reporting
Form;
• Form 3–2526, Midwest Geographic
Area: Bumble Bee Reporting Form;
• Form 3–2530, California/Nevada/
Klamath Basin, OR Recovery Permit
Annual Summary Report Form;
• Form 3–2532, U.S. Fish and
Wildlife Service Geographic Area:
Alaska Bat Reporting Form;
• Form 3–2533, U.S. Fish and
Wildlife Service Geographic Area:
Northwestern Bat Reporting Form; and
• Form 3–2534, U.S. Fish and
Wildlife Service Geographic Area:
Western Bat Reporting Form.
Annual reporting of the results
subsequent to the activity authorized by
the permit is required in most cases
(under the authority of section
10(a)(1)(A) and section 10(a)(1)(B) of the
ESA and its implementing regulations at
50 CFR 17). The Service designed the
forms to facilitate the electronic
reporting specifically for each species.
The Service will use the reported data
to evaluate the success of the permitted
project, formulate further research, and
develop and adjust management and
recovery plans for the species. The data
will also inform 5-year reviews and
species status assessments conducted
under the ESA.
Additionally, we require that the
following notifications be made to the
Service:
• Private landowners who have an
enhancement of survival permit (and
accompanying safe harbor agreement or
candidate conservation agreement with
assurances) must notify us if their land
management activities incidentally take
a listed or candidate species covered
under their permit.
• We issue enhancement of survival
permits to landowners, and their name
is printed on the permit. If ownership of
the land changes, this permit does not
automatically transfer to the new
landowner. Therefore, we ask the
permittee to notify us if there is a
change in land ownership so that we
may update the permit; and
• If a recovery or interstate commerce
permit authorizes activities that include
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keeping wildlife in captivity, we ask the
permittee to notify us if any of the
captive wildlife escape.
Title of Collection: Federal Fish and
Wildlife Permit Applications and
Reports—Native Endangered and
Threatened Species; 50 CFR 10, 13, and
17.
OMB Control Number: 1018–0094.
Form Numbers: FWS Forms 3–200–
54, 3–200–56, 3–200–59, 3–200–60, 3–
202–55a through 3–202–55g, 3–2523, 3–
2526, 3–2530, and 3–2532 through 3–
2534 (new).
Type of Review: Extension of a
currently approved collection.
Respondents/Affected Public:
Individuals; private sector; and State/
local/Tribal governments.
Total Estimated Number of Annual
Respondents: 4,258.
Total Estimated Number of Annual
Responses: 4,258.
Estimated Completion Time per
Response: Varies from 30 minutes to
2,080 hours, depending on activity.
Total Estimated Number of Annual
Burden Hours: 119,949.
Respondent’s Obligation: Voluntary.
Frequency of Collection: On occasion,
annually, one time.
Total Estimated Annual Nonhour
Burden Cost: $54,910 for fees associated
with permit applications and
amendments.
An agency may not conduct or
sponsor and a person is not required to
respond to a collection of information
unless it displays a currently valid OMB
control number.
The authority for this action is the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
Madonna Baucum,
Information Collection Clearance Officer, U.S.
Fish and Wildlife Service.
[FR Doc. 2024–00068 Filed 1–5–24; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS–R8–ES–2023–0251;
FXES11140800000–245–FF08ECAR00]
Receipt of Incidental Take Permit
Application and Proposed Habitat
Conservation Plan for Montebello Hills
Phase B Project, City of Montebello,
CA; Categorical Exclusion
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability; request
for comments.
AGENCY:
SUMMARY: We, the Fish and Wildlife
Service (Service), announce receipt of
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ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 5 / Monday, January 8, 2024 / Notices
an application from Metro Heights
Montebello, LLC (applicant) for an
incidental take permit (ITP) under the
Endangered Species Act. The applicant
requests the ITP to take the federally
threatened coastal California
gnatcatcher and endangered least Bell’s
vireo incidental to construction of the
Montebello Hills Phase B Project, in the
City of Montebello, Los Angeles 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 February 7,
2024.
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–2023–0251 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–2023–0251.
• U.S. Mail: Public Comments
Processing, Attn: Docket No. FWS–R8–
ES–2023–0251; 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, blind, 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.
VerDate Sep<11>2014
16:46 Jan 05, 2024
Jkt 262001
We, the
U.S. Fish and Wildlife Service (Service),
have received an application from Metro
Heights Montebello, LLC (applicant) for
an 11-year incidental take permit (ITP)
for two covered species pursuant to
section 10(a)(1)(B) of the Endangered
Species Act of 1973, as amended (ESA;
16 U.S.C. 1531 et seq.). The application
addresses the potential ‘‘take’’ of the
threatened coastal California
gnatcatcher (Polioptila californica
californica) and the endangered least
Bell’s vireo (Vireo bellii pusillus)
associated with the construction of the
Montebello Hills Phase B Project, in the
City of Montebello, Los Angeles 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.
SUPPLEMENTARY INFORMATION:
Background
The proposed project is the second
part of the larger 488-acre Montebello
Hills Development and Conservation
Project (also known as Montebello Hills
Specific Plan). The Service consulted
with the U.S. Army Corps of Engineers
under section 7 of the Endangered
Species Act on the effects to the coastal
California gnatcatcher from the
proposed issuance of a Clean Water Act
section 404 permit for the Montebello
Hills Development and Conservation
Project in 2009 and in 2019. Ultimately,
U.S. Army Corps of Engineers did not
issue a 404 permit, because they
determined that waters within the
Montebello Hills Development and
Conservation Project area are excluded
from Clean Water Act jurisdiction.
Phase A of the Montebello Hills
Development and Conservation Project
was initiated in 2019 and is currently
under construction.
Proposed Project
The proposed project includes the
construction of 851 residential homes, a
park, and fuel modification zones on
86.78 acres in the City of Montebello,
California. The applicant requests an 11year ITP under section 10(a)(1)(B) of the
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941
ESA. If we approve the permit, the
applicant anticipates taking coastal
California gnatcatcher and least Bell’s
vireo as a result of impacts to 86.78
acres, including about 32 acres of native
coastal sage scrub vegetation these
species use for breeding, feeding, and
sheltering. The take would be incidental
to the applicant’s activities associated
with the construction of the Montebello
Hills Phase B Project.
Coastal California gnatcatchers are
common in coastal sage scrub vegetation
within the Montebello Hills, with a
maximum of 160 pairs recorded in 2012.
The proposed project area contained 7
pairs prior to initiation of the Phase A
of the Montebello Hills Development
and Conservation Project in 2019 and 3
pairs in 2023. Least Bell’s vireos are
common in riparian woodlands near the
proposed project area within Whittier
Narrows Recreation Area, but were first
observed within the project area in May
of 2023. Riparian vegetation, suitable for
vireo, occurs in small patches within
the coastal sage scrub vegetation
community.
The applicant’s proposed HCP
contains measures to minimize the
effects of construction activities on the
coastal California gnatcatcher and least
Bell’s vireo. During construction, a
Service-approved biological monitor
will be present to ensure avoidance and
minimization measures are understood
by the contractors and implemented as
anticipated. Impacts to preserved
vegetation adjacent to the Project
footprint will be avoided by surveying,
staking, and fencing the limits of
proposed impacts and controlling
erosion, sedimentation, and pollution
within the footprint of impacts.
Vegetation removal will occur outside
the breeding season to avoid active
nests, and impacts to productivity will
be minimized by limiting construction
within 200 feet of an active nest.
The applicant proposes to increase
the quality and extent of habitat for the
gnatcatcher and vireo that occurs within
and adjacent to the project area by (1)
restoring, preserving, and managing
91.51 acres of native vegetation
communities within the 276.83-acre
Montebello Hills Habitat Reserve
(Habitat Reserve), and (2) restoring,
preserving, and managing 12 acres of
native vegetation communities in the
Puente Hills. In total, 100.11 acres of
coastal sage scrub habitat for coastal
California gnatcatcher and 3.4 acres
riparian woodland habitat for least
Bell’s vireo will be protected in
perpetuity with conservation easements
and managed in accordance with longterm management plans, with funding
secured in non-wasting endowment
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Federal Register / Vol. 89, No. 5 / Monday, January 8, 2024 / Notices
accounts to ensure the quality and
extent of restored habitats are
maintained over time.
Because the Habitat Reserve will be
surrounded by residential development,
the proposed project also includes
several design features to minimize the
potential for degradation of habitat that
is preserved as part of the project. The
fuel modification zone was minimized
by incorporating fire-resistant features
into the project design and will be
planted with coastal sage scrub species
approved for use by the local fire
authority to maintain foraging habitat
for coastal California gnatcatchers.
Development landscaping will exclude
invasive plant species and incorporate
primarily drought-tolerant plants to
minimize artificial irrigation. Lighting
will be shielded and designed to
minimize spillover into the Montebello
Habitat Reserve. Fencing will prohibit
access to the Habitat Reserve by
homeowners and their pets, and notrespassing signs will be posted at likely
points of entry.
ddrumheller on DSK120RN23PROD with NOTICES1
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
coastal California gnatcatcher and least
Bell’s vireo. 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 and least Bell’s
vireo were evaluated. Under the No
Action Alternative, the project would
not be constructed, and no ITP would be
issued. The No Action Alternative
would not meet the primary goal of the
proposed project, which is to construct
residential homes within the project
area. It would also represent a loss of
the value of the infrastructure
(roadways, utilities, and storm water
facilities) previously constructed to
facilitate development of Phase B,
including revegetation of 41.85 acres of
coastal sage scrub on slopes as part of
the Phase A development. Alternatives
to the proposed project are constrained
by the Phase A development and would
necessitate extensive changes to the
developed subdivisions in Phase A from
a land use, circulation, and utility
perspective. There are no other feasible
alternatives, based on the description of
already installed improvements that
would avoid incidental take of coastal
California gnatcatcher and least Bell’s
vireo.
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16:46 Jan 05, 2024
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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 coastal California gnatcatcher, least
Bell’s vireo, 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 and least
Bell’s vireo.
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.
4321 et seq.) and its implementing
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regulations (40 CFR 1500–1508 and 43
CFR 46).
Kristine Petersen,
Deputy Field Supervisor, Carlsbad Fish and
Wildlife Office, Carlsbad, California.
[FR Doc. 2024–00163 Filed 1–5–24; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R5–ES–2023–N082;
FXES11130500000–201–FF05E00000]
Endangered and Threatened Wildlife
and Plants; Initiation of 5-Year Reviews
of Five Northeastern Species
Fish and Wildlife Service,
Interior.
ACTION: Notice of initiation of reviews;
request for information.
AGENCY:
SUMMARY: We, the U.S. Fish and
Wildlife Service, are initiating 5-year
reviews under the Endangered Species
Act, as amended, for five northeastern
species. A 5-year review is based on the
best scientific and commercial data
available at the time of the review. We
are requesting submission of any such
information that has become available
since the previous 5-year review for
each species.
DATES: To ensure consideration, please
submit your written information by
February 7, 2024. However, we will
continue to accept new information
about any listed species at any time.
ADDRESSES: For instructions on how and
where to submit information, see
Request for New Information and Table
2—Contacts under SUPPLEMENTARY
INFORMATION.
FOR FURTHER INFORMATION CONTACT:
General Information: Martin Miller,
413–253–8615 (phone), martin_miller@
fws.gov (email), and via U.S. mail at
U.S. Fish and Wildlife Service, 300
Westgate Center Drive, Hadley, MA
01035.
Species-Specific Information and
Submission of Comments: Contact the
appropriate person or office listed in
Table 2—Contacts in SUPPLEMENTARY
INFORMATION.
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.
E:\FR\FM\08JAN1.SGM
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]]>Agencies
[Federal Register Volume 89, Number 5 (Monday, January 8, 2024)]
[Notices]
[Pages 940-942]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00163]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS-R8-ES-2023-0251; FXES11140800000-245-FF08ECAR00]
Receipt of Incidental Take Permit Application and Proposed
Habitat Conservation Plan for Montebello Hills Phase B Project, City of
Montebello, CA; 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
[[Page 941]]
an application from Metro Heights Montebello, LLC (applicant) for an
incidental take permit (ITP) under the Endangered Species Act. The
applicant requests the ITP to take the federally threatened coastal
California gnatcatcher and endangered least Bell's vireo incidental to
construction of the Montebello Hills Phase B Project, in the City of
Montebello, Los Angeles 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 February 7,
2024.
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-2023-0251 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-2023-0251.
U.S. Mail: Public Comments Processing, Attn: Docket No.
FWS-R8-ES-2023-0251; 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, blind, 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 Metro Heights Montebello,
LLC (applicant) for an 11-year incidental take permit (ITP) for two
covered species pursuant to section 10(a)(1)(B) of the Endangered
Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.). The
application addresses the potential ``take'' of the threatened coastal
California gnatcatcher (Polioptila californica californica) and the
endangered least Bell's vireo (Vireo bellii pusillus) associated with
the construction of the Montebello Hills Phase B Project, in the City
of Montebello, Los Angeles 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.
Background
The proposed project is the second part of the larger 488-acre
Montebello Hills Development and Conservation Project (also known as
Montebello Hills Specific Plan). The Service consulted with the U.S.
Army Corps of Engineers under section 7 of the Endangered Species Act
on the effects to the coastal California gnatcatcher from the proposed
issuance of a Clean Water Act section 404 permit for the Montebello
Hills Development and Conservation Project in 2009 and in 2019.
Ultimately, U.S. Army Corps of Engineers did not issue a 404 permit,
because they determined that waters within the Montebello Hills
Development and Conservation Project area are excluded from Clean Water
Act jurisdiction. Phase A of the Montebello Hills Development and
Conservation Project was initiated in 2019 and is currently under
construction.
Proposed Project
The proposed project includes the construction of 851 residential
homes, a park, and fuel modification zones on 86.78 acres in the City
of Montebello, California. The applicant requests an 11-year ITP under
section 10(a)(1)(B) of the ESA. If we approve the permit, the applicant
anticipates taking coastal California gnatcatcher and least Bell's
vireo as a result of impacts to 86.78 acres, including about 32 acres
of native coastal sage scrub vegetation these species use for breeding,
feeding, and sheltering. The take would be incidental to the
applicant's activities associated with the construction of the
Montebello Hills Phase B Project.
Coastal California gnatcatchers are common in coastal sage scrub
vegetation within the Montebello Hills, with a maximum of 160 pairs
recorded in 2012. The proposed project area contained 7 pairs prior to
initiation of the Phase A of the Montebello Hills Development and
Conservation Project in 2019 and 3 pairs in 2023. Least Bell's vireos
are common in riparian woodlands near the proposed project area within
Whittier Narrows Recreation Area, but were first observed within the
project area in May of 2023. Riparian vegetation, suitable for vireo,
occurs in small patches within the coastal sage scrub vegetation
community.
The applicant's proposed HCP contains measures to minimize the
effects of construction activities on the coastal California
gnatcatcher and least Bell's vireo. During construction, a Service-
approved biological monitor will be present to ensure avoidance and
minimization measures are understood by the contractors and implemented
as anticipated. Impacts to preserved vegetation adjacent to the Project
footprint will be avoided by surveying, staking, and fencing the limits
of proposed impacts and controlling erosion, sedimentation, and
pollution within the footprint of impacts. Vegetation removal will
occur outside the breeding season to avoid active nests, and impacts to
productivity will be minimized by limiting construction within 200 feet
of an active nest.
The applicant proposes to increase the quality and extent of
habitat for the gnatcatcher and vireo that occurs within and adjacent
to the project area by (1) restoring, preserving, and managing 91.51
acres of native vegetation communities within the 276.83-acre
Montebello Hills Habitat Reserve (Habitat Reserve), and (2) restoring,
preserving, and managing 12 acres of native vegetation communities in
the Puente Hills. In total, 100.11 acres of coastal sage scrub habitat
for coastal California gnatcatcher and 3.4 acres riparian woodland
habitat for least Bell's vireo will be protected in perpetuity with
conservation easements and managed in accordance with long-term
management plans, with funding secured in non-wasting endowment
[[Page 942]]
accounts to ensure the quality and extent of restored habitats are
maintained over time.
Because the Habitat Reserve will be surrounded by residential
development, the proposed project also includes several design features
to minimize the potential for degradation of habitat that is preserved
as part of the project. The fuel modification zone was minimized by
incorporating fire-resistant features into the project design and will
be planted with coastal sage scrub species approved for use by the
local fire authority to maintain foraging habitat for coastal
California gnatcatchers. Development landscaping will exclude invasive
plant species and incorporate primarily drought-tolerant plants to
minimize artificial irrigation. Lighting will be shielded and designed
to minimize spillover into the Montebello Habitat Reserve. Fencing will
prohibit access to the Habitat Reserve by homeowners and their pets,
and no-trespassing signs will be posted at likely points of entry.
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 coastal California
gnatcatcher and least Bell's vireo. 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 and least Bell's
vireo were evaluated. Under the No Action Alternative, the project
would not be constructed, and no ITP would be issued. The No Action
Alternative would not meet the primary goal of the proposed project,
which is to construct residential homes within the project area. It
would also represent a loss of the value of the infrastructure
(roadways, utilities, and storm water facilities) previously
constructed to facilitate development of Phase B, including
revegetation of 41.85 acres of coastal sage scrub on slopes as part of
the Phase A development. Alternatives to the proposed project are
constrained by the Phase A development and would necessitate extensive
changes to the developed subdivisions in Phase A from a land use,
circulation, and utility perspective. There are no other feasible
alternatives, based on the description of already installed
improvements that would avoid incidental take of coastal California
gnatcatcher and least Bell's vireo.
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 coastal California gnatcatcher, least Bell's vireo,
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 and least Bell's vireo.
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. 4321 et seq.) and its
implementing regulations (40 CFR 1500-1508 and 43 CFR 46).
Kristine Petersen,
Deputy Field Supervisor, Carlsbad Fish and Wildlife Office, Carlsbad,
California.
[FR Doc. 2024-00163 Filed 1-5-24; 8:45 am]
BILLING CODE 4333-15-P
