[Federal Register Volume 79, Number 159 (Monday, August 18, 2014)]
[Notices]
[Pages 48761-48764]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-19492]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2014-N113: FXES1120800000-134-FF08ECAR00]


Environmental Impact Statement; Major Amendment to the Multiple 
Species Conservation Program County of San Diego Subarea Plan for the 
Otay Hills Aggregate Quarry and Inert Debris Landfill, San Diego 
County, California

AGENCY: Fish and Wildlife Service, Interior.

[[Page 48762]]


ACTION: Notice of intent and request for comments.

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SUMMARY: We, the Fish and Wildlife Service (Service), intend to prepare 
an environmental impact statement (EIS) under the National 
Environmental Policy Act regarding an application to amend the 
Endangered Species Act permit issued for the Multiple Species 
Conservation Program County of San Diego Subarea Plan (Subarea Plan). 
The EIS will evaluate the impacts of several alternatives related to 
the proposed issuance of an amended incidental take permit to the 
County of San Diego (applicant) for the quarry and landfill project in 
San Diego County, California. We request data, comments, new 
information, or suggestions from the public, other concerned 
governmental agencies, the scientific community, Tribes, industry, or 
any other interested party.

DATES: To ensure consideration, please send your written comments by 
September 17, 2014.

ADDRESSES: To request further information or submit written comments, 
please use one of the following methods and note that your information 
request or comment is in reference to the ``Major Amendment to the MSCP 
Subarea Plan'':
     Email: [email protected]. Include ``Major Amendment to 
the MSCP Subarea Plan'' in the subject line of the message.
     U.S. Mail: Field Supervisor, Fish and Wildlife Service, 
Carlsbad Fish and Wildlife Office, 2177 Salk Ave, Suite 250, Carlsbad, 
California 92008.
     In-Person Drop-off, Viewing, or Pickup: Call 760-431-9440 
to make an appointment during regular business hours to drop off 
comments or view received comments at this location.
     Fax: Field Supervisor, 760-431-9624; Attn.: ``Major 
Amendment to the MSCP Subarea Plan.''

FOR FURTHER INFORMATION CONTACT: Ms. Karen Goebel, Assistant Field 
Supervisor, Carlsbad Fish and Wildlife Office (see ADDRESSES); 
telephone: 760-431-9440. If you use a telecommunications device for the 
deaf, please call the Federal Information Relay Service at 800-877-
8339.

SUPPLEMENTARY INFORMATION: We intend to prepare an environmental impact 
statement (EIS) to evaluate the impacts of several alternatives related 
to the potential issuance of an amended incidental take permit (ITP) 
for the Multiple Species Conservation Program County of San Diego 
Subarea Plan (Subarea Plan) for the purpose of covering activities 
associated with the Otay Hills Aggregate Quarry and Inert Debris 
Landfill, located in San Diego County, California. The EIS will be a 
joint document with an environmental impact report (EIR) prepared by 
the County of San Diego under the California Environmental Quality Act.
    The Subarea Plan is a multiple species habitat conservation plan 
for which the applicant holds an ITP (PRT-840414) for 85 covered 
species in San Diego County, California. The proposed quarry and 
landfill project is located on lands designated by the Subarea Plan as 
a ``major amendment area,'' where the incidental take authorization 
does not apply. The applicant proposes to amend the Subarea Plan and 
the ITP issued under section 10(a)(1)(B) of the Endangered Species Act 
(16 U.S.C. 1531 et seq.; ESA). The proposed amendment will include 
measures necessary to minimize and mitigate the impacts, to the maximum 
extent practicable, of proposed taking of covered species resulting 
from construction and operation of the quarry and subsequent landfill 
operations within the ``major amendment area.''
    Along with the proposed Subarea Plan and ITP amendment, the 
applicant proposes to process an application for a Specific Plan 
Amendment, Major Use Permit, and Reclamation Plan for the Otay Hills 
Aggregate Mining and Inert Debris Landfill project, which is located 
within 10 parcels (APNs 648-050-12, 13, 14, and 17; 648-080-13, 14, and 
25; 648-040-39 and 40; and 648-090-04) that total approximately 432 
acres. Primary access to the site would be from the east end of Calzada 
De La Fuente Road, which connects to Alta Road 0.5 miles north of Otay 
Mesa Road.
    If the amendment is approved, the applicant's permit would include 
as a covered activity within the major amendment area the aggregate 
mining and subsequent landfill of approximately 110 acres and 
associated conservation of 322 acres. Several species covered by the 
exiting Subarea Plan have been observed on or near the project site. 
The ITP would be amended to cover, within the major amendment area, 
eleven animal species (1 federally listed and 10 unlisted species) that 
could be taken, and 9 plant species (1 listed and 8 unlisted plant 
species) that could be adversely impacted by the aggregate mine and 
landfill. These 20 species are covered by the existing Subarea Plan. 
The ITP would also be amended to authorize the take of the federally 
listed endangered quino checkerspot butterfly (Euphydryas editha 
quino), which occurs on the project site and is not a covered species 
under the existing Subarea Plan. We will also evaluate potential 
impacts to the golden eagle under the Bald and Golden Eagle Protection 
Act (16 U.S.C. 668-668c; Eagle Act). The golden eagle is a covered 
species under the existing Subarea Plan.

Background

    Section 9 of the ESA prohibits taking of fish and wildlife species 
listed as endangered or threatened under section 4 of the ESA. Under 
the ESA, the term ``take'' means to harass, harm, pursue, hunt, shoot, 
wound, kill, trap, capture, or collect, or to attempt to engage in any 
such conduct. The term ``harm'' is defined in the regulations as 
significant habitat modification or degradation that results in death 
or injury to listed species by significantly impairing essential 
behavioral patterns, including breeding, feeding, or sheltering (50 CFR 
17.3). The term ``harass'' is defined in the regulations as to carry 
out actions that create the likelihood of injury to listed species to 
such an extent as to significantly disrupt normal behavioral patterns, 
which include, but are not limited to, breeding, feeding, or sheltering 
(50 CFR 17.3).
    However, under specified circumstances, the Service may issue 
permits that allow the take of federally listed fish and wildlife 
species, provided that the take that occurs is incidental to, but not 
the purpose of, an otherwise lawful activity. Regulations governing 
permits for endangered and threatened fish and wildlife species are at 
50 CFR 17.22 and 17.32, respectively. The ESA's take prohibitions do 
not apply to federally listed plants. Plant species would be included 
in the amended permit in recognition of the conservation measures 
provided to plants under the amended HCP and would receive assurances 
under the Service's ``No Surprises'' rule.
    Section 10(a)(1)(B) of the ESA authorizes the issuance of 
incidental take permits to non-Federal entities for the take of 
endangered and threatened species, provided the following criteria are 
met:
    (1) The taking will be incidental;
    (2) The applicant will, to the maximum extent practicable, minimize 
and mitigate the impact of such taking;
    (3) The applicant will develop a proposed HCP and ensure that 
adequate funding for the plan will be provided;
    (4) The taking will not appreciably reduce the likelihood of the 
survival and recovery of the species in the wild; and
    (5) The applicant will carry out any other measures that the 
Service may require as being necessary or appropriate for the purposes 
of the HCP.

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    These same findings must be met for an amendment to the applicant's 
existing ITP. The applicant's ITP is valid until March 16, 2048.
    Golden eagles and bald eagles (Haliaeetus leucocephalus) are 
protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 
668-668c; Eagle Act), which prohibits the take of any eagles or any 
part, nest, or egg thereof. Take is defined as to ``pursue, shoot, 
shoot at, poison, wound, kill, capture, trap, collect, destroy, molest, 
or disturb.'' Disturb is defined by the Service as ``to agitate or 
bother a bald or golden eagle to a degree that causes, or is likely to 
cause, based on the best scientific information available, (1) injury 
to an eagle, (2) a decrease in its productivity, by substantially 
interfering with normal breeding, feeding, or sheltering behavior, or 
(3) nest abandonment, by substantially interfering with normal 
breeding, feeding, or sheltering behavior.''
    An ESA section 10(a)(1)(B) may include bald and golden eagles as 
covered species. Pursuant to 50 CFR 22.11, an ESA section 10(a)(1)(B) 
permit constitutes a valid permit under the Bald and Golden Eagle 
Protection Act to take bald or golden eagles so long as such take is 
``compatible with the preservation of the bald or the golden eagle,'' 
the standard that applies to Eagle Act permits. The golden eagle is a 
covered species under the existing Subarea Plan, and the applicant 
proposes to include the golden eagle as a covered species in the 
amended Subarea Plan and ITP. We will evaluate potential impacts to the 
golden eagle from the proposed covered activities and determine whether 
to include the golden eagle as a covered species in an amended ITP 
under applicable ESA and Eagle Act standards.

Environmental Impact Statement

    The EIS/EIR will consider the proposed action (i.e., the issuance 
of an amended Section 10(a)(1)(B) permit under the ESA) and a 
reasonable range of alternatives. A detailed description of the 
proposed action and alternatives will be included in the EIS/EIR. It is 
anticipated that several alternatives will be developed, which may vary 
by the level of conservation, impacts caused by the proposed action, or 
a combination of these factors. The proposed action and alternatives 
will be evaluated against the No-Action alternative, which assumes that 
no permit amendment will be issued. The No-Action alternative 
represents estimated future conditions to which the proposed action's 
estimated future conditions can be compared.

Proposed Alternative

    The proposed action is the issuance of an amendment to the Subarea 
Plan ITP (PRT-840414) to extend incidental take authorization for the 
Otay Hills aggregate quarry and inert debris landfill project. The 
proposed action will:
    (1) Reclassify 79.4 acres of the MSCP Subarea Plan from ``major 
amendment area'' to ``take authorized area'' to allow for future 
development;
    (2) Reclassify 15.8 acres of the MSCP Subarea Plan from ``minor 
amendment area subject to special considerations'' into ``hardline 
preserve'';
    (3) Reclassify 306 acres of the MSCP Subarea Plan from ``major 
amendment area'' into ``hardline preserve'';
    (4) Reclassify 3.4 acres of the MSCP Subarea Plan in the ``minor 
amendment area'' and 26.3 acres in the ``minor amendment subject to 
special considerations area'' to ``take authorized area''; and
    (5) Provide take authorization for the quino checkerspot butterfly.
    In combination, these actions would result in permanent 
conservation of 321.8 acres of high-quality habitat (connected to other 
conserved, high-value habitat areas) that support listed and/or 
sensitive plant and animal species, which would contribute to the 
overall conservation goals of the region.
    We anticipate that the following federally listed species will be 
included as covered species in the applicants' proposed amendment: (1) 
the endangered quino checkerspot butterfly (Euphydryas editha quino), 
(2) the threatened coastal California gnatcatcher (Polioptila 
californica californica), and (3) the threatened Otay tarplant 
(Deinandra conjugens).
    The 18 unlisted species proposed to be included in the amendment 
are the Otay manzanita (Arctostaphylos otayensis), San Diego goldenstar 
(Bloomeria [Muilla] clevelandii), Dunn's mariposa lily (Calochortus 
dunnii), Orcutt's birds' beak (Cordylanthus orcuttianus), Tecate 
cypress (Cupressus forbesii), variegated dudleya (Dudleya variegata), 
San Diego barrel cactus (Ferocactus viridescens), Gander's pitcher sage 
(Lepechinia ganderi), Thorne's hairstreak (Callophrys [Mitoura] gryneus 
thornei), Belding's orange-throated whiptail (Aspidoscelis hyperythra 
beldingi), San Diego horned lizard (Phrynosoma coronatum blainvillii), 
Cooper's hawk (Accipiter cooperii), rufous-crowned sparrow (Aimophila 
ruficeps canescens), golden eagle (Aquila chrysaetos), burrowing owl 
(Athene cunicularia), northern harrier (Circus cyaneus), mountain lion 
(Puma concolor), and mule deer (Odocoileus hemionus fuliginata).
    The applicant would seek to amend the incidental take authorization 
to include those wildlife species that are likely to be taken or, in 
the case of plant species, otherwise impacted, as a result of the 
covered activities within the 432-acre Otay Hills aggregate quarry and 
inert debris landfill project area. Other Subarea Plan-covered species 
and other candidate and federally listed species that are not likely to 
be taken by the covered activities, and would not be covered by the 
proposed amended ITP, may also be addressed in the EIS/EIR.

No-Action Alternative

    Under the No-Action Alternative, we would not issue a permit, and 
no construction aggregate extraction operation would occur on the 
project site. The project site would remain as it is today, consisting 
of undeveloped land crossed by a series of dirt roads used primarily by 
the U.S. Border Patrol for domestic security purposes. Management of 
conserved lands through the major amendment would not occur. No changes 
in the existing environment would be expected.

Environmental Review and Next Steps

    We will conduct an environmental review to analyze the impacts of 
the proposed action and a range of other reasonable alternatives. We 
will prepare a draft EIS, as part of the joint EIS/EIR, that will 
analyze the effects of each of the alternatives on the covered species 
and their habitats and on other resources, such as vegetation, 
wetlands, wildlife, geology and soils, air quality, water resources, 
water quality, cultural resources, land use, recreation, water use, 
local economy, and environmental justice.
    We will publish a notice of availability and a request for comment 
on the draft EIS/EIR and the applicant's permit application, which will 
include the proposed amendment to the Subarea Plan. The draft EIS/EIR 
and proposed amendment are expected to be completed and available to 
the public for review and comment in the winter of 2015.

Public Comments

    We request data, comments, new information, or suggestions from the 
public, other concerned governmental agencies, the scientific 
community, Tribes, industry, or any other interested party on this 
notice. We will consider these comments in developing a draft EIS and 
in the development of the amendment to the County of San Diego's ITP 
for its Subarea Plan. We

[[Page 48764]]

particularly seek comments on the following:
    (1) Biological information and data concerning the species proposed 
for coverage under the amendment to the HCP;
    (2) Additional information concerning the range, distribution, 
population size, and population trends of the species;
    (3) Proposed covered activities in the amendment area and their 
possible impacts on the species;
    (4) The presence of archeological sites, buildings and structures, 
historic events, sacred and traditional areas, and other historic 
preservation concerns that are required to be considered in project 
planning by the National Historic Preservation Act (Pub. L. 102-575); 
and
    (5) Identification of any other environmental issues that should be 
considered with regards to the proposed development and permit action.
    You may submit your comments and materials by one of the methods 
listed in the ADDRESSES section.
    Comments and materials we receive, as well as supporting 
documentation we use in preparing the EIS document, will be available 
for public inspection by appointment, during normal business hours, at 
our office (see FOR FURTHER INFORMATION CONTACT).

Public Availability of Comments

    Written comments we receive become part of the public record 
associated with this action. Before including your address, phone 
number, email address, or other personal identifying information in 
your comments, 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 publish this notice under the National Environmental Policy Act 
of 1969, as amended (42 U.S.C. 4321 et seq.; NEPA), and its 
implementing regulations in the Code of Federal Regulations (CFR) at 40 
CFR 1501.7, 40 CFR 1506.6, and 1508.22, as well as in compliance with 
section 10 of the ESA (16 U.S.C. 1531 et seq.)

    Dated: August 12, 2014.
Alexandra Pitts,
Deputy Regional Director, Pacific Southwest Region, Sacramento, 
California.
[FR Doc. 2014-19492 Filed 8-15-14; 8:45 am]
BILLING CODE 4310-55-P