[Federal Register Volume 89, Number 5 (Monday, January 8, 2024)]
[Notices]
[Pages 940-942]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00163]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[Docket No. FWS-R8-ES-2023-0251; FXES11140800000-245-FF08ECAR00]


Receipt of Incidental Take Permit Application and Proposed 
Habitat Conservation Plan for Montebello Hills Phase B Project, City of 
Montebello, CA; Categorical Exclusion

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comments.

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SUMMARY: We, the Fish and Wildlife Service (Service), announce receipt 
of

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an application from Metro Heights Montebello, LLC (applicant) for an 
incidental take permit (ITP) under the Endangered Species Act. The 
applicant requests the ITP to take the federally threatened coastal 
California gnatcatcher and endangered least Bell's vireo incidental to 
construction of the Montebello Hills Phase B Project, in the City of 
Montebello, Los Angeles County, California. We request public comment 
on the application, which includes the applicant's proposed habitat 
conservation plan (HCP), and the Service's preliminary determination 
that the proposed permitting action may be eligible for a categorical 
exclusion pursuant to the Council on Environmental Quality's National 
Environmental Policy Act (NEPA) regulations, the Department of the 
Interior's (DOI) NEPA regulations, and the DOI Departmental Manual. To 
make this preliminary determination, we prepared a draft environmental 
action statement and low-effect screening form, both of which are also 
available for public review. We invite comment from the public and 
local, State, Tribal, and Federal agencies.

DATES: We must receive your written comments on or before February 7, 
2024.

ADDRESSES: 
    Obtaining Documents: You may obtain copies of the documents this 
notice announces, along with any comments and other materials that we 
receive, online in Docket No. FWS-R8-ES-2023-0251 at https://www.regulations.gov.
    Submitting Comments: If you wish to submit comments, you may do so 
in writing by one of the following methods:
     Online: https://www.regulations.gov. Follow the 
instructions for submitting comments on Docket No. FWS-R8-ES-2023-0251.
     U.S. Mail: Public Comments Processing, Attn: Docket No. 
FWS-R8-ES-2023-0251; U.S. Fish and Wildlife Service, MS: PRB/3W; 5275 
Leesburg Pike; Falls Church, VA 22041-3803.:

FOR FURTHER INFORMATION CONTACT: Mr. Jonathan Snyder, Assistant Field 
Supervisor, Carlsbad Fish and Wildlife Office, 760-431-9440 
(telephone). Individuals in the United States who are deaf, blind, hard 
of hearing, or have a speech disability may dial 711 (TTY, TDD, or 
TeleBraille) to access telecommunications relay services. Individuals 
outside the United States should use the relay services offered within 
their country to make international calls to the point-of-contact in 
the United States.

SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service 
(Service), have received an application from Metro Heights Montebello, 
LLC (applicant) for an 11-year incidental take permit (ITP) for two 
covered species pursuant to section 10(a)(1)(B) of the Endangered 
Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.). The 
application addresses the potential ``take'' of the threatened coastal 
California gnatcatcher (Polioptila californica californica) and the 
endangered least Bell's vireo (Vireo bellii pusillus) associated with 
the construction of the Montebello Hills Phase B Project, in the City 
of Montebello, Los Angeles County, California. We request public 
comment on the application, which includes the applicant's habitat 
conservation plan (HCP), and on the Service's preliminary determination 
that this proposed ITP qualifies as ``low effect,'' and may qualify for 
a categorical exclusion pursuant to the Council on Environmental 
Quality's National Environmental Policy Act (NEPA) regulations (40 CFR 
1501.4), the Department of the Interior's (DOI) NEPA regulations (43 
CFR 46), and the DOI's Departmental Manual (516 DM 8.5(C)(2)). To make 
this preliminary determination, we prepared a draft environmental 
action statement and low-effect screening form, both of which are also 
available for public review.

Background

    The proposed project is the second part of the larger 488-acre 
Montebello Hills Development and Conservation Project (also known as 
Montebello Hills Specific Plan). The Service consulted with the U.S. 
Army Corps of Engineers under section 7 of the Endangered Species Act 
on the effects to the coastal California gnatcatcher from the proposed 
issuance of a Clean Water Act section 404 permit for the Montebello 
Hills Development and Conservation Project in 2009 and in 2019. 
Ultimately, U.S. Army Corps of Engineers did not issue a 404 permit, 
because they determined that waters within the Montebello Hills 
Development and Conservation Project area are excluded from Clean Water 
Act jurisdiction. Phase A of the Montebello Hills Development and 
Conservation Project was initiated in 2019 and is currently under 
construction.

Proposed Project

    The proposed project includes the construction of 851 residential 
homes, a park, and fuel modification zones on 86.78 acres in the City 
of Montebello, California. The applicant requests an 11-year ITP under 
section 10(a)(1)(B) of the ESA. If we approve the permit, the applicant 
anticipates taking coastal California gnatcatcher and least Bell's 
vireo as a result of impacts to 86.78 acres, including about 32 acres 
of native coastal sage scrub vegetation these species use for breeding, 
feeding, and sheltering. The take would be incidental to the 
applicant's activities associated with the construction of the 
Montebello Hills Phase B Project.
    Coastal California gnatcatchers are common in coastal sage scrub 
vegetation within the Montebello Hills, with a maximum of 160 pairs 
recorded in 2012. The proposed project area contained 7 pairs prior to 
initiation of the Phase A of the Montebello Hills Development and 
Conservation Project in 2019 and 3 pairs in 2023. Least Bell's vireos 
are common in riparian woodlands near the proposed project area within 
Whittier Narrows Recreation Area, but were first observed within the 
project area in May of 2023. Riparian vegetation, suitable for vireo, 
occurs in small patches within the coastal sage scrub vegetation 
community.
    The applicant's proposed HCP contains measures to minimize the 
effects of construction activities on the coastal California 
gnatcatcher and least Bell's vireo. During construction, a Service-
approved biological monitor will be present to ensure avoidance and 
minimization measures are understood by the contractors and implemented 
as anticipated. Impacts to preserved vegetation adjacent to the Project 
footprint will be avoided by surveying, staking, and fencing the limits 
of proposed impacts and controlling erosion, sedimentation, and 
pollution within the footprint of impacts. Vegetation removal will 
occur outside the breeding season to avoid active nests, and impacts to 
productivity will be minimized by limiting construction within 200 feet 
of an active nest.
    The applicant proposes to increase the quality and extent of 
habitat for the gnatcatcher and vireo that occurs within and adjacent 
to the project area by (1) restoring, preserving, and managing 91.51 
acres of native vegetation communities within the 276.83-acre 
Montebello Hills Habitat Reserve (Habitat Reserve), and (2) restoring, 
preserving, and managing 12 acres of native vegetation communities in 
the Puente Hills. In total, 100.11 acres of coastal sage scrub habitat 
for coastal California gnatcatcher and 3.4 acres riparian woodland 
habitat for least Bell's vireo will be protected in perpetuity with 
conservation easements and managed in accordance with long-term 
management plans, with funding secured in non-wasting endowment

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accounts to ensure the quality and extent of restored habitats are 
maintained over time.
    Because the Habitat Reserve will be surrounded by residential 
development, the proposed project also includes several design features 
to minimize the potential for degradation of habitat that is preserved 
as part of the project. The fuel modification zone was minimized by 
incorporating fire-resistant features into the project design and will 
be planted with coastal sage scrub species approved for use by the 
local fire authority to maintain foraging habitat for coastal 
California gnatcatchers. Development landscaping will exclude invasive 
plant species and incorporate primarily drought-tolerant plants to 
minimize artificial irrigation. Lighting will be shielded and designed 
to minimize spillover into the Montebello Habitat Reserve. Fencing will 
prohibit access to the Habitat Reserve by homeowners and their pets, 
and no-trespassing signs will be posted at likely points of entry.

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 coastal California 
gnatcatcher and least Bell's vireo. To comply with the requirements for 
an HCP under ESA section 10(a), alternatives to the project and the 
incidental take of coastal California gnatcatcher and least Bell's 
vireo were evaluated. Under the No Action Alternative, the project 
would not be constructed, and no ITP would be issued. The No Action 
Alternative would not meet the primary goal of the proposed project, 
which is to construct residential homes within the project area. It 
would also represent a loss of the value of the infrastructure 
(roadways, utilities, and storm water facilities) previously 
constructed to facilitate development of Phase B, including 
revegetation of 41.85 acres of coastal sage scrub on slopes as part of 
the Phase A development. Alternatives to the proposed project are 
constrained by the Phase A development and would necessitate extensive 
changes to the developed subdivisions in Phase A from a land use, 
circulation, and utility perspective. There are no other feasible 
alternatives, based on the description of already installed 
improvements that would avoid incidental take of coastal California 
gnatcatcher and least Bell's vireo.

Our Preliminary Determination

    The Service has made a preliminary determination that the 
applicant's proposed project would individually and cumulatively have a 
minor effect on the coastal California gnatcatcher, least Bell's vireo, 
and the human environment. Therefore, we have preliminarily determined 
that the proposed ESA section 10(a)(1)(B) ITP would be a ``low-effect'' 
ITP that individually or cumulatively would have a minor effect on the 
species and may qualify for application of a categorical exclusion 
pursuant to the Council on Environmental Quality's NEPA regulations, 
DOI's NEPA regulations, and the DOI Departmental Manual. A ``low-
effect'' ITP is one that would result in (1) minor or nonsignificant 
effects on species covered in the HCP; (2) nonsignificant effects on 
the human environment; and (3) impacts that, when added together with 
the impacts of other past, present, and reasonable foreseeable actions, 
would not result in significant cumulative effects to the human 
environment.

Next Steps

    The Service will evaluate the application and the comments received 
to determine whether to issue the requested ITP. 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 
preceding and other matters, we will determine whether the permit 
issuance criteria of section 10(a)(1)(B) of the ESA have been met. If 
met, the Service will issue the permit to the applicant for incidental 
take of coastal California gnatcatcher and least Bell's vireo.

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 its implementing regulations (50 CFR 17.22 and 17.32) and 
the National Environmental Policy Act (42 U.S.C. 4321 et seq.) and its 
implementing regulations (40 CFR 1500-1508 and 43 CFR 46).

Kristine Petersen,
Deputy Field Supervisor, Carlsbad Fish and Wildlife Office, Carlsbad, 
California.
[FR Doc. 2024-00163 Filed 1-5-24; 8:45 am]
BILLING CODE 4333-15-P