[Federal Register Volume 86, Number 58 (Monday, March 29, 2021)]
[Notices]
[Pages 16381-16382]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06359]



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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[Docket No. FWS-R8-ES-2021-0003; FXES11140800000-212]


Endangered and Threatened Species; Receipt of an Incidental Take 
Permit Application and Low-Effect Habitat Conservation Plan for the 
Coastal California Gnatcatcher; Rancho Vista Seniors Project, City of 
Oceanside, 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, announce the 
availability of a draft habitat conservation plan (HCP) and draft 
categorical exclusion for activities associated with construction of 
the Rancho Vista Seniors Project. Rancho Vista 2018, LLC (applicant), 
developed a draft HCP as part of their application for an incidental 
permit (ITP) under the Endangered Species Act of 1973, as amended. We 
prepared a draft low-effect screening form and environmental action 
statement in accordance with the National Environmental Policy Act to 
evaluate the potential effects to the natural and human environment 
resulting from issuing an ITP to the applicant. We invite public 
comment on these documents.

DATES: To ensure consideration, please send your written comments on or 
before April 28, 2021.

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-2021-0003 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-2021-0003.
     Email: [email protected]. Please reference Rancho 
Vista Senior Project in the subject line of your email.
    We request that you send comments by only one of the methods 
described above.

FOR FURTHER INFORMATION CONTACT: Janet Stuckrath, Fish and Wildlife 
Biologist, Carlsbad Fish and Wildlife Office, via phone at 760-431-9440 
extension 270, or via email at [email protected].

SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service 
(Service), received an application from Rancho Vista 2018, 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, 
gnatcatcher), incidental to activities associated with the development 
of the Rancho Vista Seniors Project which includes construction of 
approximately 29 single-family detached senior housing residences, 3 
community recreation areas, open space areas, drainage systems, and 
other infrastructure improvements on approximately 16.87 acres in San 
Diego County, California. The Service prepared a draft low-effect 
screening form and environmental action statement in accordance with 
the National Environmental Policy Act of 1969 (NEPA; 42 U.S.C. 4321 et 
seq.) to evaluate the potential effects to the natural and human 
environment resulting from issuing an ITP to the applicant. We invite 
public comment on these documents.

Background

    The Service listed the gnatcatcher as threatened on March 30, 1993 
(58 FR 16742), and published a revised final rule designating critical 
habitat on December 19, 2007 (72 FR 72010). Section 9 of the ESA 
prohibits take of fish and wildlife species listed as endangered (16 
U.S.C. 1538). Under the ESA, ``take'' is defined to include the 
following activities: ``to harass, harm, pursue, hunt, shoot, wound, 
kill, trap, capture, or collect, or to attempt to engage in any such 
conduct'' (16 U.S.C. 1532). Section 4(d) of the ESA allows the 
Secretary to extend protections for endangered species to those listed 
as threatened. Under section 10(a)(1)(B) of the ESA (16 U.S.C. 
1539(a)(1)(B)), we may issue permits to authorize take of listed fish 
and wildlife species that is incidental to, and not the purpose of, 
carrying out an otherwise lawful activity. Regulations governing 
incidental take permits for endangered species are in the Code of 
Federal Regulations (CFR) at 50 CFR 17.32. Issuance of an ITP also must 
not jeopardize the existence of federally listed fish, wildlife, or 
plant species, pursuant to section 7 of the ESA and 50 CFR 402.02. The 
permittee would receive assurances under our ``No Surprises'' 
regulations (50 CFR 17.32(b)(5)).

Project

    The project is located on a 16.87-acre site in the City of 
Oceanside in San Diego County, California. The applicant requests a 3-
year incidental take permit for permanent impacts to 8.91 acres of 
occupied gnatcatcher habitat. The applicant proposes to mitigate 
impacts through the onsite preservation of 5.52 acres of Diegan coastal 
sage scrub; onsite conversion of 2.43 acres of non-native and disturbed 
habitats to Diegan coastal sage scrub; and the purchase of mitigation 
credits sufficient to offset impacts to 2.34 acres of gnatcatcher-
occupied coastal sage scrub habitat at an offsite location selected in 
coordination with and approved by CFWO. The offsite mitigation area 
will provide equal or higher quality habitat than that found on the 
project site and will be conserved, managed, and monitored in 
perpetuity. The applicant also proposes to implement measures to 
minimize the effects of construction activities on the gnatcatcher.

Our Preliminary Determination

    The Service has made a preliminary determination that neither the 
issuance of the ITP nor the implementation of the project is neither a 
major Federal action that will significantly affect the quality of the 
human environment within the meaning of section 102(2)(C) of the 
National Environmental Policy Act (NEPA; 42 U.S.C. 4321 et seq.), nor 
will they individually and cumulatively have more than a minor or 
negligible effect on the gnatcatcher and the environment. Therefore, we 
have preliminarily concluded that the ITP for this project would 
qualify for categorical exclusion as provided by our NEPA regulations 
at 43 CFR 46.205 and 46.215.

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

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

Scott Sobiech,
Field Supervisor, Carlsbad Fish and Wildlife Office, Carlsbad, 
California.
[FR Doc. 2021-06359 Filed 3-26-21; 8:45 am]
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