[Federal Register Volume 74, Number 165 (Thursday, August 27, 2009)]
[Notices]
[Pages 43722-43723]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-20660]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2009-N177; 81430-1112-0000-F2]


Proposed Habitat Conservation Plan for the Federally Threatened 
Coastal California Gnatcatcher in Connection With the Jamacha Road 36-
Inch Pipeline Construction Project (CIP P2009) in San Diego County, CA

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have 
received an application from the Otay Water District (OWD) for a 5-year 
incidental take permit for one covered species under the Endangered 
Species Act of 1973 (Act), as amended. The application addresses the 
potential for ``take'' of the federally threatened coastal California 
gnatcatcher (Polioptila californica californica) associated with the 
construction of a 36-inch pipeline (OWD CIP P2009) along Jamacha Road 
in the City of El Cajon and unincorporated community of Rancho San 
Diego in the County of San Diego, California. A habitat conservation 
program (HCP) to mitigate for the project activities would be 
implemented by OWD. We are requesting comments on the HCP and our 
preliminary determination that the proposed plan qualifies as a ``low-
effect'' Habitat Conservation Plan, eligible for a categorical 
exclusion under the National Environmental Policy Act (NEPA) of 1969, 
as amended. The basis for this determination is discussed in the 
Environmental Action Statement and Low Effect Screening Form (Screening 
Form), which is also available for public review.

DATES: To ensure consideration, we must receive your written comments 
by September 28, 2009.

ADDRESSES: Send comments by U.S. mail to Jim Bartel, Field Supervisor, 
U.S. Fish and Wildlife Service, Carlsbad Fish and Wildlife Office, 6010 
Hidden Valley Road, Suite 101, Carlsbad, CA 92011, or by fax to (760) 
431-5901.

FOR FURTHER INFORMATION CONTACT: Ms. Karen Goebel, Assistant Field 
Supervisor, Carlsbad Fish and Wildlife Office (see ADDRESSES); 
telephone (760) 431-9440, extension 296.

SUPPLEMENTARY INFORMATION: We have received an application from OWD for 
an incidental take permit for the federally threatened coastal 
California gnatcatcher (Polioptila californica californica) 
(gnatcatcher). A conservation program to mitigate for the project 
activities would be implemented by OWD as described in the Habitat 
Conservation Plan for the Federally Threatened Coastal California 
Gnatcatcher in Connection with the Jamacha Road 36-inch Pipeline 
Construction Project (CIP P2009) in San Diego County, California (HCP), 
July, 2009. This species is referred to as the ``gnatcatcher'' in the 
proposed HCP.
    We are requesting comments on the HCP and our preliminary 
determination that the proposed plan qualifies as a ``low-effect'' 
Habitat Conservation Plan, eligible for a categorical exclusion under 
the National Environmental Policy Act (NEPA) of 1969, as amended. The 
basis for this determination is discussed in the Screening Form.

Availability of Documents

    Individuals wishing copies of the proposed HCP and Screening Form, 
which includes the Environmental Action Statement, should immediately 
contact us by telephone at (760) 431-9440 or by letter to the Carlsbad 
Fish and Wildlife Office (see ADDRESSES). Copies of the proposed HCP 
and Screening Form also are available for public inspection during 
regular business hours at the same office.

Background

    Section 9 of the Act (16 U.S.C. 1531 et seq.) and its implementing 
Federal regulations prohibit the take of animal species listed as 
endangered or threatened. Take is defined under the Act as follows: To 
harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or 
collect listed animal species, or to attempt to engage in such conduct 
(16 U.S.C. 1538). However, under section 10(a) of the Act, we may issue 
permits to authorize incidental take of listed species. ``Incidental 
take'' is defined by the Act as take that is incidental to, and not the 
purpose of, carrying out an otherwise lawful activity. Regulations 
governing incidental take permits for threatened and endangered 
species, respectively, are found in the Code of Federal Regulations 
(October 1, 2006, 50 CFR 17.22) and (October 1, 2001, 50 CFR 17.32).
    OWD is seeking a permit for take of the gnatcatcher. The current 
known range of the gnatcatcher extends from the coastal slopes in 
southern California, from southern Ventura southward through Los 
Angeles, Orange, Riverside, San Bernardino, and San Diego Counties into 
Baja California, Mexico, to approximately 30 degrees North latitude 
near El Rosario.

[[Page 43723]]

    OWD proposes to construct approximately 5 miles of 36-inch cement 
mortar lined and coated steel pipeline to transfer potable water from a 
flow control facility in the City of El Cajon to two OWD reservoirs in 
the unincorporated community of Rancho San Diego. The pipeline will 
provide 12 million gallons (mgd) of potable water per day of on-peak 
capacity and 16 mgd of off-peak capacity. The proposed pipeline will be 
constructed in existing roadways for approximately 22,600 feet (4.2 
miles) from the northwest corner of Lexington Avenue and Third Street 
in the City of El Cajon, to Fury Lane in Rancho San Diego. The proposed 
pipeline would then continue for approximately 4,300 feet (0.8 miles) 
as it passes through both disturbed and vegetated areas along the 
southern boundary of Cuyamaca Community College before terminating at 
OWD's Regulatory Site, where it would connect to the reservoirs. 
Maintenance activities in subsequent years will be limited to annual 
visual inspections of the valves and blow-offs located along the 
pipeline, all of which occur within or immediately adjacent to (and 
would be accessible via) existing developed or disturbed areas. Up to 
0.95 acre (ac) of coastal California gnatcatcher habitat may be 
temporarily lost through implementation of the HCP over 5 years.
    OWD proposes to mitigate the effects to the gnatcatcher by fully 
implementing the HCP. The HCP emphasizes protection of habitat through 
impact avoidance and use of operational protocols designed to avoid or 
minimize impacts to the gnatcatcher. OWD will supplement these 
operational protocols, or avoidance and minimization measures, with 
onsite habitat restoration, by re-seeding the 0.95-ac impact site with 
a Diegan coastal sage scrub (DCSS) mixture approved by the Service. 
Additionally, OWD will permanently conserve and manage high-quality 
gnatcatcher habitat by deducting credits from the San Miguel Habitat 
Management Area (HMA).
    The Proposed Action consists of the issuance of an incidental take 
permit and implementation of the proposed HCP. Three alternatives to 
the proposed action are considered in the HCP. Under the no-project 
alternative, a permit would not be issued, and OWD would avoid take of 
the coastal California gnatcatcher. However, this alternative would not 
allow for the necessary transfer of water from the Otay 14 Flow Control 
Facility to OWD's 640-1 and 640-2 reservoirs. In addition, the no-
project alternative would not be in compliance with the agreement 
between the San Diego County Water Authority and OWD for design, 
construction, operation, and maintenance of modifications to the Otay 
14 Flow Control Facility, executed on January 24, 2007, which requires 
the construction of the 36-inch pipeline to transfer the necessary 
amount of water; OWD's existing 24-inch line is not sufficient to 
transfer the amount of water specified in the agreement. The second 
alternative would be to defer the project until a larger, multi-agency 
multiple species habitat conservation plan could be developed. This 
alternative was rejected because delays in the construction of the 36-
inch pipeline would not allow OWD to meet the aforementioned 
contractual water transfer requirements. The third alternative entails 
a different route for the southern portion of the alignment that would 
continue on Campo Road to the entrance of OWD's Regulatory Site and 
then head north along the Regulatory Site driveway, concluding at the 
reservoirs. This alternative would result in impacts to approximately 
0.75 ac of coastal sage scrub located along the existing driveway to 
the Regulatory Site. This alternative was rejected because of 
excessively higher costs, negative traffic impacts, and negative 
effects to OWD operations at the Regulatory Site. Additionally, this 
alternative would not significantly reduce impacts to gnatcatcher-
occupied coastal sage scrub from those associated with the proposed 
project (i.e., 0.75 ac versus 0.95 ac). The proposed project would be 
more cost-effective, efficient, and timely.
    We have made a preliminary determination that approval of the 
proposed HCP qualifies as a categorical exclusion under NEPA, as 
provided by the Department of the Interior Manual (516 DM 2, Appendix 1 
and 516 DM 6, Appendix 1) and as a ``low-effect'' plan as defined by 
the Habitat Conservation Planning Handbook (November 1996). 
Determination of low-effect habitat conservation plans is based on the 
following three criteria:
    (1) Implementation of the proposed HCP would result in minor or 
negligible effects on federally listed, proposed, and candidate species 
and their habitats;
    (2) Implementation of the proposed HCP would result in minor or 
negligible effects on other environmental values or resources; and
    (3) Impacts of the proposed HCP, considered together with the 
impacts of other past, present, and reasonably foreseeable similarly 
situated projects, would not result, over time, in cumulative effects 
to environmental values or resources that would be considered 
significant.
    Based upon this preliminary determination, we do not intend to 
prepare further NEPA documentation. We will consider public comments in 
making the final determination on whether to prepare such additional 
documentation.

Public Availability of Comments

    Before including your address, phone number, e-mail 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 can 
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 pursuant to section 10(c) of the Act.

Next Steps

    We will evaluate the permit application, the proposed HCP, and 
comments submitted thereon to determine whether the application meets 
the requirements of section 10(a) of the Act. If the requirements are 
met, we will issue a permit to OWD for the incidental take of the 
coastal California gnatcatcher associated with the construction, 
operation, and maintenance of the Jamacha Road 36-inch Pipeline (CIP 
P2009) in San Diego County, California.

    Dated: August 21, 2009.
Jim A. Bartel,
Field Supervisor, Carlsbad Fish and Wildlife Office, Carlsbad, 
California.
[FR Doc. E9-20660 Filed 8-26-09; 8:45 am]
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