[Federal Register Volume 60, Number 20 (Tuesday, January 31, 1995)]
[Notices]
[Pages 5945-5946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-2279]



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DEPARTMENT OF THE INTERIOR

Availability of an Environmental Assessment and Finding of No 
Significant Impact, and Receipt of an Application for an Incidental 
Take Permit for La Costa Villages, Carlsbad, CA

AGENCY: Fish and Wildlife Service, Interior Department.

ACTION: Notice.

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SUMMARY: Fieldstone/La Costa Associates and the City of Carlsbad, 
California (applicants) have applied for an incidental take permit from 
the Fish and Wildlife Service (Service) pursuant to section 10(a)(1)(B) 
of the Endangered Species Act of 1973 (Act), as amended. The proposed 
permit would authorize take of the threatened coastal California 
gnatcatcher (Polioptila californica californica) in San Diego County, 
California, for a period of 30 years. The proposed taking is incidental 
to planned home and road construction on 1,940 acres of land primarily 
owned by Fieldstone/La Costa Associates.
    This notice advises the public that the Service has re-opened the 
comment period on the permit application and the environmental 
assessment (EA). The permit application includes a Habitat Conservation 
Plan (HCP), two HCP addendums, and an Implementing Agreement (IA). The 
EA package includes an EA, EA addendum, and a draft Finding of No 
Significant Impact (FONSI) which concludes that issuing the incidental 
take permit is not a major Federal action significantly affecting the 
quality of the human environment, within the meaning of section 
102(2)(C) of the National Environmental Policy Act (NEPA) of 1969, as 
amended.
    This notice is provided pursuant to section 10(c) of the Act and 
NEPA regulations (40 CFR 1506.6). 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 [[Page 5946]] the Act. If it is 
determined that the requirements are met, a permit will be issued for 
the incidental take of the coastal California gnatcatcher. The final 
NEPA and permit determinations will not be completed until after the 
end of the 30-day comment period and will fully consider all public 
comments received during the comment period.
    This notice supplements an earlier notice published in the Federal 
Register on October 28, 1994 (59 FR 54207). That notice announced an 
initial 30-day public comment period on the HCP, first HCP addendum, 
and draft EA. The draft EA was not available for public review until 
two weeks into the initial 30-day comment period. Subsequently, an 
addendum to the draft EA, a second addendum to the HCP, and an IA were 
completed that include a description of a change in mitigation for a 
portion of the proposed project. Consequently, the Service has re-
opened the period for public comment on the NEPA documents and the 
complete application package, as revised.

DATES: Written comments on the HCP, HCP addendums, IA, EA, EA addendum, 
and draft FONSI should be received on or before March 2, 1995.

ADDRESSES: Comments should be addressed to Mr. Gail Kobetich, Field 
Supervisor, U.S. Fish and Wildlife Service, 2730 Loker Avenue West, 
Carlsbad, California 92008. Comments may be sent by facsimile to 
telephone (619) 431-9618. Please refer to permit No. PRT-795759 when 
submitting comments.

FOR FURTHER INFORMATION CONTACT: Gail Kobetich (Field Supervisor) or 
Ken Corey (Biologist) at the above address, or telephone (619) 431-
9440. Individuals wishing copies of the documents should immediately 
contact Ken Corey. Documents also will be available for public 
inspection, by appointment, during normal business hours at the above 
address.

SUPPLEMENTARY INFORMATION: Proposed grading and construction activities 
would directly impact 30 of 48 pairs of the threatened coastal 
California gnatcatcher (gnatcatcher) and 550 of 1,064 acres of suitable 
gnatcatcher habitat on-site (506 of 944 acres of coastal sage scrub and 
44 of 120 acres of southern maritime chaparral). In addition, 254 of 
307 acres of grassland and 69 of 114 acres of riparian scrub/woodland 
would be directly impacted on-site. Approximately 18 pairs of 
gnatcatchers, 438 acres of coastal sage scrub, 76 acres of southern 
maritime chaparral, and 173 acres of associated habitats will be 
conserved and managed on-site in perpetuity. In addition, the 
applicants will provide $1,000,000 for purchase of an off-site 
mitigation parcel, within the City of Carlsbad, to be approved by the 
Service.
    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, for 
up to 66 sensitive species listed in the HCP. Of these species, the 
coastal California gnatcatcher is the only federally-listed species 
observed on-site. Section 10(a) permits are issued only for federally-
listed species; however, unlisted species that subsequently become 
listed, and are adequately conserved by the original HCP, can be added 
by permit amendment.
    A concern has been raised regarding the consistency of the HCP with 
certain subarea and subregional plans under the statewide Natural 
Community Conservation Planning program (NCCP) (see 59 FR 54208). All 
interested agencies, organizations, and individuals are urged to 
provide comments on the permit application, NEPA documents, and the 
NCCP consistency issue. All comments received by the closing date will 
be considered in finalizing NEPA compliance and permit issuance or 
denial.
    The Service will publish a record of its final action in the 
Federal Register.

    Dated: January 25, 1995.
Thomas J. Dwyer,
Deputy Regional Director, Region 1, Portland, Oregon.
[FR Doc. 95-2279 Filed 1-30-95; 8:45 am]
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