[Federal Register Volume 85, Number 6 (Thursday, January 9, 2020)]
[Notices]
[Pages 1177-1178]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00128]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[Docket No. FWS-R8-ES-2019-0104; FXES11140800000-201]


Endangered and Threatened Species; Receipt of an Incidental Take 
Permit Application and Low-Effect Habitat Conservation Plan for the 
Coastal California Gnatcatcher; Sunrise Project, City of San Marcos, 
San Diego County, 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 for an incidental permit to take the federally listed 
coastal California gnatcatcher, a bird species, under the Endangered 
Species Act. The permit application includes a proposed low-effect 
habitat conservation plan (HCP). In accordance with the requirements of 
the National Environmental Policy Act (NEPA), we have prepared a draft 
low-effect screening form and environmental action statement supporting 
our preliminary determination that the proposed action qualifies as a 
categorical exclusion under NEPA. We are accepting comments on the 
permit application, proposed low-effect HCP, and draft NEPA compliance 
documentation.

DATES: To ensure consideration, please send your written comments on or 
before February 10, 2020.

ADDRESSES: Obtaining Documents: The documents this notice announces, as 
well as any comments and other materials that we receive, will be 
available for public inspection online in Docket No. FWS-R8-ES-2019-
0104 at http://www.regulations.gov.
    Submitting Comments: You may submit comments by one of the 
following methods:
     Online: http://www.regulations.gov. Follow the 
instructions for submitting comments on Docket No. FWS-R8-ES-2019-0104.
     U.S. Mail or Hand-Delivery: Public Comments Processing, 
Attn: Docket No. FWS-R8-ES-2019-0104; U.S. Fish and Wildlife Service, 
2177 Salk Ave, Carlsbad, CA 92008.
    We request that you send comments by only one of the methods 
described above.

FOR FURTHER INFORMATION CONTACT: Mr. David Zoutendyk, Division Chief, 
Carlsbad Fish and Wildlife Office, 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), received an application from Sunrise Gardens Project Owner 
LLC (applicant) for an incidental take permit under the Endangered 
Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.). The 
requested permit would authorize take of the federally threatened 
coastal California gnatcatcher (Polioptila californica californica), 
incidental to grading, subdividing, and developing approximately 192 
multi-family dwelling units, and open space, active recreational areas, 
bio-retention areas, circulation improvements, and a public services 
and facilities plan on approximately 15.51 acres in San Diego County, 
California.
    The proposed project will impact an estimated 6.52 acres of coastal 
sage scrub habitat occupied by up to one pair of gnatcatchers. Although 
not likely to support breeding of the species, 5.90 acres of non-native 
wild oat grassland and 2.94 acres of disturbed habitat will also be 
permanently impacted and may support gnatcatcher feeding and 
sheltering.
    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 (NEPA; 42 U.S.C. 4321 et 
seq.). The basis for this determination is discussed in our draft low-
effect screening form and environmental action statement, which is also 
available for public review.

Project

    The project is located on a 15.51-acre site in the City of San 
Marcos (Assessor's Parcel Number [APN] 228-312-9-00, approximately 3.6 
acres), County of San Diego (APN 228312-0-00, approximately 10.8 
acres), and City of Escondido (APN 228-312-04, approximately 1.07 
acres) in San Diego County, California; however, the entire project 
site is within the General Plan Sphere of Influence for the City of San 
Marcos. The applicant requests a 5-year incidental take permit for 
permanent impacts to 15.36 acres of occupied gnatcatcher habitat. The 
applicant proposes to mitigate impacts through the purchase of 
mitigation credits to conserve 20.03 acres of gnatcatcher-occupied 
coastal sage scrub habitat (17.13 acres) and southern mixed chaparral 
habitat (2.90 acres) off site at the Onyx Ridge property in an 
unincorporated portion of northern San Diego County. The off-site 
mitigation area provides higher quality habitat than that found on the 
project site and will be conserved, managed, and monitored in 
perpetuity. In addition, a portion of the off-site mitigation area is 
within designated gnatcatcher critical habitat.
    The applicant's proposed HCP also contains measures to minimize the 
effects of construction activities on the gnatcatcher, including the 
following:
     Fencing the project limits;
     Not clearing gnatcatcher habitat during the nesting 
season;
     Providing a staff biologist on site to ensure that 
gnatcatchers are not in the vegetation to be cleared; and
     Monitoring and reporting to the Service upon project 
completion.

Our Preliminary Determination

    The Service has made a preliminary determination that the project, 
including grading, subdividing,

[[Page 1178]]

construction, and the proposed mitigation, would individually and 
cumulatively have a minor or negligible effect on the gnatcatcher and 
the environment. Therefore, we have preliminarily concluded that the 
incidental take permit for this project would qualify for categorical 
exclusion as provided by our NEPA regulations at 43 CFR 46.205, 46.210, 
and 46.215, and that the HCP qualifies as a low-effect plan.
    A low-effect HCP is one that would result in:
     Minor or negligible effects on federally listed, proposed, 
and candidate species and their habitats;
     Minor or negligible effects on other environmental values 
or resources; and
     Impacts that, when considered together with the impacts of 
other past, present, and reasonably foreseeable similarly situated 
projects, would not over time result in significant cumulative effects 
to environmental values or resources.

Next Steps

    We will evaluate the proposed HCP and any comments received to 
determine whether to issue the requested permit. We will also conduct 
an intra-Service consultation pursuant to section 7 of the ESA to 
evaluate the effects of the proposed take. After considering the above 
findings, we will determine whether the permit issuance criteria of 
section 10(a)(1)(B) of the ESA have been met. If met, we will issue the 
permit to the applicant for incidental take of the gnatcatcher.

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(c) (16 U.S.C. 1539 et seq.) 
of the ESA and NEPA regulations at 40 CFR 1506.6.

Jane Hendron,
Acting Field Supervisor, Carlsbad Fish and Wildlife Office, Carlsbad, 
California.
[FR Doc. 2020-00128 Filed 1-8-20; 8:45 am]
 BILLING CODE 4333-15-P