Availability of an Environmental Assessment and Finding of No Significant Impact, and Receipt of an Application for an Incidental Take Permit for La Costa Villages, Carlsbad, CA

DEPARTMENT OF THE INTERIOR

Availability of an Environmental Assessment and Finding of No

Significant Impact, and Receipt of an Application for an Incidental

Take Permit for La Costa Villages, Carlsbad, CA

AGENCY: Fish and Wildlife Service, Interior Department.

ACTION: Notice.

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SUMMARY: Fieldstone/La Costa Associates and the City of Carlsbad,

California (applicants) have applied for an incidental take permit from

the Fish and Wildlife Service (Service) pursuant to section 10(a)(1)(B)

of the Endangered Species Act of 1973 (Act), as amended. The proposed

permit would authorize take of the threatened coastal California

gnatcatcher (Polioptila californica californica) in San Diego County,

California, for a period of 30 years. The proposed taking is incidental

to planned home and road construction on 1,940 acres of land primarily

owned by Fieldstone/La Costa Associates.

This notice advises the public that the Service has re-opened the

comment period on the permit application and the environmental

assessment (EA). The permit application includes a Habitat Conservation

Plan (HCP), two HCP addendums, and an Implementing Agreement (IA). The

EA package includes an EA, EA addendum, and a draft Finding of No

Significant Impact (FONSI) which concludes that issuing the incidental

take permit is not a major Federal action significantly affecting the

quality of the human environment, within the meaning of section

102(2)(C) of the National Environmental Policy Act (NEPA) of 1969, as

amended.

This notice is provided pursuant to section 10(c) of the Act and

NEPA regulations (40 CFR 1506.6). The Service will evaluate the

application, associated documents, and comments submitted thereon to

determine whether the application meets the requirements of NEPA

regulations and section 10(a) of [[Page 5946]] the Act. If it is

determined that the requirements are met, a permit will be issued for

the incidental take of the coastal California gnatcatcher. The final

NEPA and permit determinations will not be completed until after the

end of the 30-day comment period and will fully consider all public

comments received during the comment period.

This notice supplements an earlier notice published in the Federal

Register on October 28, 1994 (59 FR 54207). That notice announced an

initial 30-day public comment period on the HCP, first HCP addendum,

and draft EA. The draft EA was not available for public review until

two weeks into the initial 30-day comment period. Subsequently, an

addendum to the draft EA, a second addendum to the HCP, and an IA were

completed that include a description of a change in mitigation for a

portion of the proposed project. Consequently, the Service has re-

opened the period for public comment on the NEPA documents and the

complete application package, as revised.

DATES: Written comments on the HCP, HCP addendums, IA, EA, EA addendum,

and draft FONSI should be received on or before March 2, 1995.

ADDRESSES: Comments should be addressed to Mr. Gail Kobetich, Field

Supervisor, U.S. Fish and Wildlife Service, 2730 Loker Avenue West,

Carlsbad, California 92008. Comments may be sent by facsimile to

telephone (619) 431-9618. Please refer to permit No. PRT-795759 when

submitting comments.

FOR FURTHER INFORMATION CONTACT: Gail Kobetich (Field Supervisor) or

Ken Corey (Biologist) at the above address, or telephone (619) 431-

9440. Individuals wishing copies of the documents should immediately

contact Ken Corey. Documents also will be available for public

inspection, by appointment, during normal business hours at the above

address.

SUPPLEMENTARY INFORMATION: Proposed grading and construction activities

would directly impact 30 of 48 pairs of the threatened coastal

California gnatcatcher (gnatcatcher) and 550 of 1,064 acres of suitable

gnatcatcher habitat on-site (506 of 944 acres of coastal sage scrub and

44 of 120 acres of southern maritime chaparral). In addition, 254 of

307 acres of grassland and 69 of 114 acres of riparian scrub/woodland

would be directly impacted on-site. Approximately 18 pairs of

gnatcatchers, 438 acres of coastal sage scrub, 76 acres of southern

maritime chaparral, and 173 acres of associated habitats will be

conserved and managed on-site in perpetuity. In addition, the

applicants will provide $1,000,000 for purchase of an off-site

mitigation parcel, within the City of Carlsbad, to be approved by the

Service.

The applicants have requested the issuance of permits (immediately

or when a species is listed) under section 10(a) of the Act that would

authorize incidental take, in accordance with the terms of the HCP, for

up to 66 sensitive species listed in the HCP. Of these species, the

coastal California gnatcatcher is the only federally-listed species

observed on-site. Section 10(a) permits are issued only for federally-

listed species; however, unlisted species that subsequently become

listed, and are adequately conserved by the original HCP, can be added

by permit amendment.

A concern has been raised regarding the consistency of the HCP with

certain subarea and subregional plans under the statewide Natural

Community Conservation Planning program (NCCP) (see 59 FR 54208). All

interested agencies, organizations, and individuals are urged to

provide comments on the permit application, NEPA documents, and the

NCCP consistency issue. All comments received by the closing date will

be considered in finalizing NEPA compliance and permit issuance or

denial.

The Service will publish a record of its final action in the

Federal Register.

Dated: January 25, 1995.

Thomas J. Dwyer,

Deputy Regional Director, Region 1, Portland, Oregon.

[FR Doc. 95-2279 Filed 1-30-95; 8:45 am]

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