[Federal Register Volume 83, Number 46 (Thursday, March 8, 2018)]
[Notices]
[Pages 9862-9863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04654]



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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2018-N002; FXES11140800000-178-FF08ECAR00]


Endangered and Threatened Wildlife and Plants; Incidental Take 
Permit Application; Proposed Low-Effect Habitat Conservation Plan for 
the Coastal California Gnatcatcher and Associated Documents; Santee, 
California

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comments.

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SUMMARY: We, the U.S. Fish and Wildlife Service, have received an 
application from Calvary Church Santee for a 3-year incidental take 
permit for the threatened coastal California gnatcatcher pursuant to 
the Endangered Species Act, as amended. We are requesting comments on 
the permit application and on our preliminary determination that the 
applicant's accompanying proposed habitat conservation plan (HCP) 
qualifies as low effect, eligible for a categorical exclusion under the 
National Environmental Policy Act. The basis for this determination is 
discussed in our environmental action statement (EAS) and associated 
low-effect screening form, which are also available for public review.

DATES: Written comments should be received on or before April 9, 2018.

ADDRESSES: 
    Submitting Comments: You may submit comments by one of the 
following methods:
     U.S. Mail: Field Supervisor, Fish and Wildlife Service, 
Carlsbad Fish and Wildlife Office, 2177 Salk Avenue, Suite 250, 
Carlsbad, CA 92008.
     Fax: Field Supervisor, 760-431-9624.
     Email: [email protected]; please include ``Calvary 
Chapel Santee HCP'' in the subject line.
    Obtaining Documents: You may obtain copies of the proposed HCP and 
EAS on the Carlsbad Fish and Wildlife's website at https://www.fws.gov/carlsbad/HCPs/HCP_Docs.html. To request copies of the application, 
proposed HCP, and EAS, contact the Service by telephone at 760-431-9440 
or by letter to the Carlsbad Fish and Wildlife Office (see above). 
Copies of the proposed HCP and EAS also are available for public 
inspection during regular business hours at the Carlsbad Fish and 
Wildlife Office.

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 (TDD), please call the Federal Relay Service (FRS) at 800-877-
8339.

SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service 
(Service), have received an application from Calvary Church Santee 
(applicant) for a 3-year incidental take permit for one covered species 
pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, 
as amended (16 U.S.C. 1531 et seq.; ESA). The application addresses the 
potential ``take'' of the threatened coastal California gnatcatcher 
(Polioptila californica californica; gnatcatcher) in the course of 
activities associated with expansion of the existing facilities at the 
Calvary Chapel Santee, in the City of Santee, San Diego County, 
California. A conservation program to avoid, minimize, and mitigate for 
project activities would be implemented as described in the applicant's 
proposed habitat conservation plan (HCP).
    We are requesting comments on the permit application and on our 
preliminary determination that the proposed HCP qualifies as a low-
effect HCP, eligible for a categorical exclusion under the National 
Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 et seq.; 
NEPA). The basis for this determination is discussed in our EAS and 
associated low-effect screening form, which are also available for 
public review.

Background

    Section 9 of the ESA and its implementing Federal regulations 
prohibit the take of animal species listed as endangered or threatened. 
``Take'' is defined under the ESA as 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). ``Harm'' 
includes significant habitat modification or degradation that actually 
kills or injures listed wildlife by significantly impairing essential 
behavioral patterns such as breeding, feeding, or sheltering (50 CFR 
17.3). However, under section 10(a) of the ESA, the Service may issue 
permits to authorize incidental take of listed species. ``Incidental 
taking'' is defined by the ESA implementing regulations as taking that 
is incidental to, and not the purpose of, carrying out an otherwise 
lawful activity (50 CFR 17.3). Regulations governing incidental take 
permits for endangered and threatened species, respectively, are found 
in the Code of Federal Regulations at 50 CFR 17.22 and 50 CFR 17.32.

Applicant's Proposed Project

    The project is located on a 3.38-acre property in the City of 
Santee in San Diego County, California. The applicant requests a 3-year 
permit under section 10(a)(1)(B) of the ESA. If we approve the permit, 
the applicant anticipates taking gnatcatcher as a result of permanent 
impacts to 1.16 acres (ac) of coastal sage scrub habitat that the 
species uses for breeding, feeding, and sheltering. The take would be 
incidental to the applicant's activities associated with removal of a 
modular building and construction of an assembly building in the City 
of Santee, California, and includes conservation and in-perpetuity 
management of 1.76 ac of gnatcatcher habitat off site.
    To minimize take of coastal California gnatcatcher by the Calvary 
Chapel Santee project and to offset impacts to its habitat, the 
applicant proposes to mitigate for permanent impacts to 1.16 ac of 
occupied gnatcatcher coastal sage scrub habitat through the 
conservation and in-perpetuity management of 1.76 ac of coastal sage 
scrub occupied by the gnatcatcher. The applicant's proposed HCP also 
contains the following proposed measures to minimize the effects of 
construction activities on the gnatcatcher:
     Prior to the initiation of work activities on the project 
sites, grading limits will be clearly delineated with flagging and/or 
temporary fencing and silt fencing, as necessary, to help guide work 
activities and avoid impacts to areas beyond the project boundaries.
     Prior to the initiation of work activities on the project 
sites, a Service-approved biologist will conduct a brief training 
session for all project personnel regarding the conservation measures 
and regulations described herein, as well as general information and 
methods that will help avoid and minimize disturbance to the 
gnatcatcher in the vicinity of project activities.
     Vegetation clearing will take place outside of the bird 
nesting season (February 15 through August 31) to the fullest extent 
practicable. Clearing may only occur during this period once a 
biologist has conducted surveys of the impact areas for nesting birds 
within 3 days of work activities. The qualified biologist will document 
compliance with applicable State regulations that protect nesting 
birds. If an active bird nest is observed, a 300-foot buffer must be 
established, within which no project activities will occur until the 
nest is no longer active. A reduced buffer may be

[[Page 9863]]

established with concurrence from the Service and the California 
Department of Fish and Wildlife if it is deemed appropriate and will 
not result in the alteration of nesting behaviors.
     Project-related landscaping will not include potentially 
invasive non-native plants.
     Lighting from the project site will not spill over into 
adjacent undisturbed native habitat.

Proposed Action and Alternatives

    The Proposed Action consists of the issuance of an incidental take 
permit and implementation of the proposed HCP, which includes measures 
to avoid, minimize, and mitigate impacts to the gnatcatcher. If we 
approve the permit, take of gnatcatcher would be authorized for the 
applicant's activities associated with the construction of the Calvary 
Chapel Santee project. In the proposed HCP, the applicant considers the 
No Action Alternative. Under the No Action Alternative, no incidental 
take of coastal California gnatcatcher resulting from habitat 
modification would occur, and no long-term protection and management 
would be afforded to the species. The No Action Alternative would not 
meet the primary goal of the proposed Project, which is to accommodate 
the existing church members and alleviate current overcrowded 
conditions. The parcel size is too small to accommodate alternate 
development configurations that would avoid incidental take.

Our Preliminary Determination

    The Service has made a preliminary determination that approval of 
the HCP and issuance of an incidental take permit qualify for 
categorical exclusion under NEPA (42 U.S.C. 4321 et seq.), as provided 
by the Department of the Interior implementing regulations in part 46 
of title 43 of the Code of Federal Regulations (43 CFR 46.205, 46.210, 
and 46.215), and that the HCP qualifies as a low-effect plan as defined 
by the Habitat Conservation Planning Handbook (December 2016).
    We base our determination that a HCP qualifies as a low-effect plan 
on the following three criteria:
    (1) Implementation of the HCP would result in minor or negligible 
effects on federally listed, proposed, and candidate species and their 
habitats;
    (2) Implementation of the HCP would result in minor or negligible 
effects on other environmental values or resources; and
    (3) Impacts of the 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.

Next Steps

    We will evaluate the proposed HCP and comments we receive to 
determine whether the permit application meets the requirements and 
issuance criteria under section 10(a) of the ESA (16 U.S.C. 1531 et 
seq.). We will also evaluate whether issuance of a section 10(a)(1)(B) 
incidental take permit would comply with section 7 of the ESA by 
conducting an intra-Service consultation. We will use the results of 
this consultation, in combination with the above findings, in our final 
analysis to determine whether or not to issue a permit. If the 
requirements and issuance criteria under section 10(a) are met, we will 
issue the permit to the applicant for incidental take of gnatcatcher.

Public Comments

    If you wish to comment on the permit application, proposed HCP, and 
associated documents, you may submit comments by any of the methods 
noted in the ADDRESSES section.

Public Availability of Comments

    Before including your address, phone number, email 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 may 
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 under section 10 of the ESA (16 U.S.C. 1531 
et seq.) and NEPA regulations (40 CFR 1506.6).

G. Mendel Stewart,
Field Supervisor, Carlsbad Fish and Wildlife Office, Carlsbad, 
California.
[FR Doc. 2018-04654 Filed 3-7-18; 8:45 am]
 BILLING CODE 4333-15-P