Availability of an Environmental Assessment and Receipt of an Application for an Incidental Take Permit for the San Diego Gas & Electric Subregional Natural Community Conservation Plan in Southern California.

Federal RegisterNov 6, 1995

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

Availability of an Environmental Assessment and Receipt of an

Application for an Incidental Take Permit for the San Diego Gas &

Electric Subregional Natural Community Conservation Plan in Southern

California.

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice.

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SUMMARY: San Diego Gas and Electric (SDG&E) has 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 application includes an implementing agreement

(IA) and a habitat conservation plan/subregional natural community

conservation plan (HCP/NCCP) covering the SDG&E service area in

southern California. The proposed taking of threatened and endangered

species would be incidental to the installation, maintenance, and

operation of SDG&E facilities.

The proposed permit would authorize take of 11 animal species

listed as endangered and 2 animal species listed as threatened for a

period of 25 years with options for renewal. SDG&E has 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/NCCP, of the 110 sensitive species

listed in the HCP/NCCP. The Service proposes to finalize covered

species agreements and offer assurances for 13 listed animal species, 5

listed plants, and 92 unlisted plants and animals, including 7 plants

and 2 animals proposed for Federal listing as endangered or threatened

and 7 plants that are category 1 candidates for Federal listing.

SDG&E requests coverage for impacts on up to 400 acres of natural

areas containing covered species. However, based on data from past

projects, SDG&E estimates a total of 124 acres of both temporary and

permanent grading disturbances over the next 25 years.

To avoid or minimize potential impacts, SDG&E has developed

operational protocols for workers in the field. To compensate for

unavoidable impacts, SDG&E would: (1) Provide certain fee-owned rights-

of-way to be available for use by wildlife, (2) establish a

conservation bank of approximately 240 acres that may be replenished as

needed, and (3) develop restoration protocols for temporary impacts.

The HCP/NCCP and associated Environmental Assessment (EA) are

programmatic in scope. Site-specific impacts of new construction

projects would be reviewed in the future per requirements of the

National Environmental Policy Act (NEPA) and California Environmental

Quality Act.

This notice advises the public of the availability of the permit

application, HCP/NCCP, IA, and programmatic EA. Comments are requested

on these documents which were prepared by the permit applicant and

their consultants. All comments received, including names and

addresses, will become part of the administrative record and may be

made available to the public. 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 the

Act. If it is determined that the requirements are met, an incidental

take permit will be issued.

DATES: Written comments should be received on or before December 6,

1995.

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

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

Carlsbad, California 92008. Written comments also may be sent by

facsimile to (619) 431-9618.

FOR FURTHER INFORMATION CONTACT: Sherry Barrett, Endangered Species

Division Chief, or Jacalyn Fleming, Fish and Wildlife Biologist, at the

above address, (619-431-9440).

SUPPLEMENTARY INFORMATION:

Availability of Documents

Persons may obtain copies of the HCP/NCCP, IA, and EA by calling

the above telephone number. These documents will be available for

public inspection, by appointment, during normal business hours (8 am

to 5 pm, Monday through Friday) at the above address.

Background

Under section 9 of the Act, and implementing regulations, taking of

federally listed threatened or endangered species is prohibited.

[[Page 56065]]

Taking, in part, is defined as harm or harassment of federally listed

species, including under certain circumstances, the destruction of

habitat. Under limited circumstances, the Service may issue section

10(a)(1)(B) permits to take listed species if such taking is incidental

to, and not the purpose of, otherwise lawful activities. Regulations

governing permits for listed species are found at Title 50 Code of

Federal Regulations 17.22 and 17.32.

SDG&E has applied for a 25-year permit, with options for renewal,

to authorize incidental take associated with the installation,

maintenance and operation of its facilities which are or will be

necessary to provide natural gas, electricity and other services to its

customers. These actions include the installation of overhead and

underground facilities, substations, and regulator stations, including

other ground disturbance such as building and maintaining access roads,

geotechnical testing, emergency repairs, and clearing for fire control.

SDG&E operations and facilities cross city and county jurisdictional

boundaries in San Diego, Riverside, and Orange Counties, California.

The HCP/NCCP details specific project actions that may lead to

incidental take of species and specific actions that will mitigate

those takings. These impacts and mitigation measures are further

addressed in the HCP/NCCP, IA, and EA.

The alternatives under consideration include: (1) The proposed

action, (2) no action, and (3) compliance with local jurisdiction's

subarea plans. Only the proposed action conserves both listed and

unlisted species, restricts the use and development of certain SDG&E

fee-owned rights-of-way for wildlife and preservation, and addresses

all SDG&E activities over the entire service area.

All agencies and individuals are urged to provide comments and

suggestions regarding the EA, IA, and the consistency of the SDG&E HCP/

NCCP with regional conservation planning efforts. All comments received

by the closing date will be considered in finalizing NEPA compliance

and permit issuance or denial.

Dated: October 30, 1995.

Thomas Dwyer,

Deputy Regional Director, Region 1, Portland, Oregon.

[FR Doc. 95-27418 Filed 11-3-95; 8:45 am]

BILLING CODE 4310-55-P

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