[Federal Register Volume 59, Number 208 (Friday, October 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-26713]


[Federal Register: October 28, 1994]


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DEPARTMENT OF THE INTERIOR

Availability of a Draft Environmental Assessment and Notice of an 
Application for an Incidental Take Permit for La Costa Villages, 
Carlsbad, California, by the City of Carlsbad and Fieldstone/La Costa 
Associates

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice.

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SUMMARY: Fieldstone/La Costa Associates and the City of Carlsbad have 
applied to the Fish and Wildlife Service (Service), Department of the 
Interior, for an incidental take permit pursuant to section 10(a)(1)(B) 
of the Endangered Species Act of 1973, as amended (Act). The 
application has been assigned permit No. PRT-795759. The application 
includes a Habitat Conservation Plan (HCP) for a proposed 1,940 acre 
project (HCP area) in the southeastern corner of the City of Carlsbad, 
San Diego County, California. Completion of the grading and 
construction activities associated with the proposed project would 
result in direct impacts on-site to 30 of 48 known pairs of the 
threatened coastal California gnatcatcher (Polioptila californica 
californica) (gnatcatcher), 507 of 944 acres of coastal sage scrub, 91 
of 120 acres of southern maritime chaparral, 158 of 195 acres of 
southern mixed chaparral, 254 of 307 acres of grassland, and 69 of 114 
acres of riparian scrub/woodland. Approximately 18 pairs of 
gnatcatchers, 437 acres of coastal sage scrub, and 193 acres of 
associated habitats on-site will be conserved and managed in 
perpetuity. In addition, 240 acres of off-site mitigation is proposed.
    The applicants have requested the issuance of permits (immediately 
or when a species is listed) under section 10(a) of the Act that would 
authorize incidental take, in accordance with the terms of the HCP, of 
the 66 sensitive species listed in the HCP. Of these species, the 
coastal California gnatcatcher is the only one that is listed as 
threatened or endangered under the Act and is the only federally listed 
species observed on-site. In a number of cases, the species named in 
the HCP have not been observed on-site.
    This notice advises the public of the availability of a draft 
Environmental Assessment (EA), HCP, and an Addendum to the HCP. These 
documents were prepared by the applicants and their consultants. This 
notice is provided pursuant to section 10(c) of the Act and National 
Environmental Policy Act (NEPA) regulations (40 CFR 1506.6(b)). The 
Service will evaluate the application, associated documents, and 
comments submitted thereon to determine whether the application meets 
the requirements of NEPA regulations and section 10(a) of the Act. If 
it is determined that the requirements are met, a permit will be issued 
for the incidental take of listed species identified in the 
application.

DATES: Written comments on the permit application and draft EA should 
be received on or before November 28, 1994.

ADDRESSES: Comments regarding the application and adequacy of the draft 
EA should be addressed to Mr. Gail Kobetich, Field Supervisor, Carlsbad 
Field Office, 2730 Loker Avenue West, Carlsbad, California 92008. 
Please refer to permit No. PRT-795759 when submitting comments.

FOR FURTHER INFORMATION CONTACT:
Gail Kobetich or Ken Corey at the above address (619-431-9440). Persons 
may obtain copies of the draft EA, Permit Application, HCP, and 
Addendum to the HCP by calling the above phone number. These documents 
also will be available for public inspection, by appointment, during 
normal business hours at the above address.

SUPPLEMENTARY INFORMATION: Under section 9 of the Act, and implementing 
regulations, taking of federally listed threatened or endangered 
species is prohibited. Taking, in part, is defined as harm or 
harassment of federally listed species, including under certain 
circumstances, the destruction of habitat. Under limited circumstances, 
the Service may issue section 10(a)(1)(B) permits to take listed animal 
species if such taking is incidental to, and not the purpose of, 
otherwise lawful activities. Regulations governing permits for listed 
species are found at Title 50 Code of Federal Regulations 17.22 and 
17.32.
    Fieldstone/La Costa Associates and the City of Carlsbad have 
applied for a 30-year permit to authorize incidental take associated 
with a proposed residential development and re-alignment of Rancho 
Santa Fe Road in the HCP area. The HCP area contains two geographic 
subareas: a 1,278 acre subarea identified as ``Rancheros-Southeast II'' 
and a 662 acre subarea identified as ``Northwest,'' both occurring 
within the area covered by Carlsbad's citywide Habitat Management Plan 
(HMP), a subarea plan under the statewide Natural Communities 
Conservation Program (NCCP). The HCP area also is located within the 
jurisdiction of the Multiple Habitat Conservation Plan (MHCP), a 
subregional plan addressing north coastal San Diego County under the 
NCCP. A concern has been raised regarding the consistency of the HCP 
with the HMP and MHCP under the NCCP.
    The HCP details project actions that may result in take of the 
gnatcatcher and 65 additional species proposed by the applicant to be 
included in an Implementation Agreement (in preparation), and specific 
actions that will mitigate such takings. Mitigation measures include 
dedication of the proposed on and off-site preserve areas to a 
``conservation entity'' approved by the Service, and long-term funding, 
management and monitoring. Other sensitive species that occur on-site 
and are proposed to be included in the Implementation Agreement are the 
federally proposed endangered Del Mar manzanita (Arctostaphylos 
glandulosa crassifolia); the Federal category 2 candidates: summer 
holly (Comarostaphylis diversifolia diversifolia), Bell's sage sparrow 
(Amphispiza belli belli), orange-throated whiptail (Cnemidophorus 
hyperythrus beldingi), and San Diego horned lizard (Phrynosoma 
coronatum blainvillii); and the State endangered thread-leaved brodiaea 
(Brodiaea filifolia).
    The major alternatives under consideration during planning include: 
1) no take of listed species; 2) no take of gnatcatchers; 3) take only 
within the Rancho Santa Fe Road project area; 4) delay of take pending 
completion of the HMP; 5) an off-site mitigation strategy with 
unlimited take in the plan area; 6) reconfiguration of the proposed on-
site conserved habitat; 7) no action; and 8) the applicants' proposal. 
Alternatives 1, 2, 3, 4, 6, and 7 were considered financially 
infeasible by the applicants. Alternative 5 was considered biologically 
unacceptable by the Service. Alternative 8 is still under discussion.
    All agencies and individuals are urged to provide comments and 
suggestions regarding the draft EA, proposal, and the consistency of 
the HCP with the HMP and MHCP under the NCCP. All comments received by 
the closing date will be considered in finalizing NEPA compliance and 
permit issuance or denial. Upon completion of the Implementation 
Agreement and the NEPA compliance document, the Service will publish a 
second notice in the Federal Register inviting public comment.

    Dated: October 24, 1994.
Don Weathers,
Acting Deputy Regional Director.
[FR Doc. 94-26713 Filed 10-27-94; 8:45 am]
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