[Federal Register Volume 61, Number 82 (Friday, April 26, 1996)]
[Notices]
[Pages 18618-18619]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10358]



-----------------------------------------------------------------------


DEPARTMENT OF THE INTERIOR

Availability of a Revised Habitat Conservation Plan and 
Supplement to a Previously Circulated Environmental Assessment 
Evaluating Proposed Issuance of Incidental Take Permit PRT-803743 to 
the City of Poway and Its Redevelopment Agency in San Diego County, CA

AGENCY: Fish and Wildlife, Interior.

ACTION: Notice of availability.

-----------------------------------------------------------------------

SUMMARY: The City of Poway and its Redevelopment Agency (applicants) 
have applied to the U.S. Fish and Wildlife Service (Service) for an 
incidental take permit (PRT-803743) pursuant to section 10(a)(1)(B) of 
the Endangered Species Act of 1973, as amended (Act). The application 
package includes a Subarea Habitat Conservation Plan (HCP) and 
Implementing Agreement (IA). The proposed incidental take would occur 
as a result of habitat disturbance associated with residential and 
limited municipal development in the City of Poway, San Diego County, 
California.
    The requested permit would authorize the incidental take of 4 
animal species listed as endangered and 2 animal species listed as 
threatened. The applicants also have requested coverage for an 
additional 37 unlisted, sensitive species (11 plant, 26 animal), 
including three proposed endangered species. Of these 43 species, 22 
are known to occur within the City of Poway. The June 21, 1995, Notice 
of Availability (60 FR 32337) inadvertently omitted mention of the 
remaining 21 species. These 21 species either are not known to occur 
within Poway or the impacts of the HCP on the species were considered 
to be insignificant (discountable, minor in relationship to the species 
as a whole, or not reasonably expected to occur). The HCP proposes to 
conserve all 43 species according to standards required for listed 
species under the Act. The applicant has requested that all 43 species 
be included in the permit. In the event that any of the 43 species that 
are currently unlisted become listed in the future, the permit would 
take effect upon the listing of those species.
    An Environmental Assessment/Initial Study Mitigated Negative 
Declaration (EA/IS) for the proposed permit issuance and draft Subarea 
HCP was circulated for public review in June, 1995, in accordance with 
the National Environmental Policy Act (NEPA) and California 
Environmental Quality Act regulations (60 FR 32337). On August 15, 
1995, the Poway City Council approved the Subarea HCP with the 
stipulation that participation in the HCP by private property owners 
would be optional, and not mandatory as originally proposed. Private 
property owners who do not wish to be included in the Subarea HCP and 
want to develop their property in a manner that would result in take of 
a listed species would obtain development approvals through the 
traditional endangered species permit process under either section 10 
or section 7 of the Act. A supplemental EA has been prepared to 
evaluate the effects of changing the plan from mandatory to voluntary 
private landowner participation. The Subarea HCP also has been revised 
accordingly and an errata sheet prepared. This notice advises the 
public that the supplemental EA and revised HCP are available for 
review and comment. All comments received, including names and 
addresses, will become part of the administrative record and may be 
made available to the public. This notice is provided pursuant to 
section 10(c) of the Act and NEPA regulations (40 CFR 1506.6).

DATES: Written comments should be received on or before May 28, 1996.

ADDRESSES: Comments regarding the adequacy of the supplemental EA and 
revised HCP should be addressed to Mr. Gail Kobetich, Field Supervisor, 
U.S. Fish and Wildlife Service, 2730 Loker Avenue West, Carlsbad, CA 
92008; FAX (619) 431-9618.

FOR FURTHER INFORMATION CONTACT: Ms. Nancy Gilbert, Fish and Wildlife 
Biologist, at the above address, telephone (619) 431-9440.

SUPPLEMENTARY INFORMATION:

Availability of Documents

    Copies of the Supplemental EA and HCP errata sheet will be sent to 
everyone on the original distribution list or who commented on the 
permit application during the initial public comment period. Other 
individuals who wish to receive copies of the supplemental EA or 
revised HCP for review should immediately contact Ms. Gilbert. Copies 
of the supplemental EA, Subarea HCP, HCP errata sheet, and original 
permit application also may be viewed by appointment, during normal 
business hours, at the above address.

Background

    The EA/IS, circulated in June 1995, evaluated four alternatives 
including the proposed action (issuance of the incidental take permit). 
The three alternatives to the proposed action are summarized below and 
incorporated by reference in the supplemental EA, but analysis of these 
alternatives is not repeated in the supplemental EA. Under the No 
Action Alternative, the proposed HCP would not be implemented. The 
applicants would either avoid take of listed species within the 
planning area, or apply for individual 10(a)(1)(B) permits on a 
project-by-project basis. Existing land use and environmental 
regulations would apply to all projects proposed within the planning 
area. Existing regulatory practices require mitigation for impacts to 
sensitive species and habitats resulting in lands being set aside for 
open-space preservation; however, greater habitat fragmentation would 
likely occur under the No Action Alternative than the Proposed 
Alternative because the lands set aside for open-space preservation 
would not be assembled in a coordinated preserve system. Under a 100 
Percent Preservation of Mitigation Area Alternative, all identified 
habitat and species within the Mitigation Area would be preserved. 
Development would be prohibited within the proposed Mitigation Area 
boundary except on already disturbed areas where such development would 
not impact the viability of the proposed Mitigation Area. Under the 
Modified Mitigation Area Alternative, the proposed Mitigation Area 
boundary would consist only of lands already preserved in Poway; i.e., 
cornerstone lands as identified in the Subarea HCP, parcels purchased 
for mitigation of the Scripps-Poway Parkway Extension project, and 
slopes over 45 percent within the Mitigation Area.
    Under the Proposed Alternative, changing participation in the 
Subarea HCP from mandatory to optional for private property owners 
could modestly increase impacts to native vegetation and species, as 
well as fragmentation in biological core and linkage areas important to 
overall preserve design. However, existing regulations that afford 
protection to listed species would reduce these effects. In cases where 
private property owners choose not to participate in the Subarea HCP, 
preservation of open space and avoidance or mitigation for biological 
impacts would still occur in accordance

[[Page 18619]]

with local, State, and Federal regulations, but possibly in a less 
organized, more piece-meal fashion. Consistent standards may not be 
followed, and open space linkages may be more difficult to plan, 
assemble, and maintain. In many cases, however, participation in the 
voluntary HCP is likely to benefit landowners in terms of time and 
money relative to obtaining individual permits under the Act, resulting 
in a strong incentive for owners of parcels supporting listed species 
to participate in the Subarea HCP. Given the large amount of public 
land dedicated as biological open space in Poway, the relatively low 
level of habitat impacts expected on private lands, and the strength of 
existing local, State, and Federal environmental protection 
regulations, adverse effects on listed species of changing the Subarea 
HCP to optional participation for private property owners are expected 
to be minimal.

    Dated: April 22, 1996.
Thomas J. Dwyer,
Deputy Regional Director, Region 1, Portland, Oregon.
[FR Doc. 96-10358 Filed 4-25-96; 8:45 am]
BILLING CODE 4310-55-P