Receipt of an Application for an Incidental Take Permit for the Coastal California Gnatcatcher Associated With Residential Development on the Bennett Property, City of Chula Vista, CA

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

Receipt of an Application for an Incidental Take Permit for the

Coastal California Gnatcatcher Associated With Residential Development

on the Bennett Property, City of Chula Vista, CA

AGENCY: Fish and Wildlife Service.

ACTION: Notice of availability.

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SUMMARY: Western Pacific Housing (applicant) has submitted an

application with a Habitat Conservation Plan to the Fish and Wildlife

Service for an incidental take permit pursuant to section 10(a)(1)(B)

of the Endangered Species Act of 1973, as amended. The applicant

proposes to develop residential housing on a 5-acre parcel in the City

of Chula Vista, California. The proposed permit would authorize the

incidental take of one pair of the threatened coastal California

gnatcatcher (Polioptila californica

[[Page 13064]]

californica) known to occur on this parcel.

The Service has determined that the Bennett Habitat Conservation

Plan (Bennett Plan) qualifies as a low effect plan as defined by the

Service's Habitat Conservation Planning Handbook (November 1996). The

Service has further determined that approval of the Bennett Plan

qualifies as a categorical exclusion under the National Environmental

Policy Act, as provided by the Department of the Interior Manual (516

DM 2, Appendix 1 and 516 DM 6, Appendix 1). This determination is

explained in an Environmental Action Statement which is available for

public review.

DATES: Written comments on the permit application, Bennett Plan, and

Environmental Action Statement should be received on or before April

16, 1998.

ADDRESSES: Written comments should be addressed to the Field

Supervisor, Carlsbad Fish and Wildlife Office, 2730 Loker Avenue West,

Carlsbad, California 92008. Comments may be sent by facsimile to (760)

431-9624.

FOR FURTHER INFORMATION CONTACT: Ms. Kim Marsden, Fish and Wildlife

Biologist, at the above address or call (760) 431-9440.

SUPPLEMENTARY INFORMATION:

Availability of Documents

Persons may obtain a copy of the permit application, Bennett Plan,

and Environmental Action Statement by calling the Service's Carlsbad

Fish and Wildlife Office at the telephone number above. Documents also

will be available for public inspection by appointment during normal

business hours at that office (see ADDRESSES).

Background

Section 9 of the Endangered Species Act and its implementing

regulations prohibit the ``taking'' of threatened or endangered

species. However, under limited circumstances the Service may issue

permits to take endangered and/or threatened species incidental to, and

not the purpose of, otherwise lawful activities. Regulations governing

permits for endangered and/or threatened species are promulgated at 50

CFR 17.22 and 17.32.

Under the proposed action, construction activities would directly

impact one pair of gnatcatchers by removal of 4.2 acres of foraging

habitat on a 5-acre parcel. The parcel is bounded on three sides by

development and on the fourth by a road. The parcel has been previously

graded and revegetated with a mixture of plants that are native to both

coastal and desert areas of southern California and with horticultural

ornamentals. The revegetated scrub is similar in stature to coastal

sage scrub but is not considered to be coastal sage scrub. The

applicant has submitted a habitat conservation plan that describes

consideration of alternatives to the action and provisions for

minimization and mitigation of impacts including off-site acquisition

of 4.2 acres of coastal sage scrub within the preserve area of the City

of Chula Vista's Multiple Species Conservation Program. The Bennett

Plan also provides measures to avoid direct take of the California

gnatcatchers if vegetation clearing would occur within the normal

California gnatcatcher breeding season.

Two alternatives to the proposed project action were considered:

the ``no project'' alternative and the ``partial-clearing''

alternative. Each of these alternatives was rejected because they would

not meet the project purpose and were economically unfeasible.

The Service has determined that the Bennett Plan qualifies as a

``low-effect'' plan as defined by the Service's Habitat Conservation

Planning Handbook (November 1996). Low-effect plans are those involving

(1) minor or negligible effects on federally listed and candidate

species and their habitats, and (2) minor or negligible effects on

other environmental values or resources. The Bennett Plan qualifies as

a low-effect plan for the following reasons:

1. The effects of the plan are minor or negligible on federally

listed, proposed, or candidate species and their habitats. The

harassment of one pair of California gnatcatchers by removal of 4.2

acres of their foraging habitat is considered a negligible effect

because: (a) The project site has been previously graded and

revegetated to an assemblage of plants that does not comprise a natural

community; and (b) the removal of this vegetation will not appreciably

reduce any food resource, or affect reproduction because there is

foraging habitat within 50 meters of the project site in naturally-

occurring suitable habitat. In addition, the project will not affect

any proposed or candidate species or their habitats.

2. The effects of the project are minor or negligible on other

environmental resources. The effects on air quality will not be

significant because of the small size of the project site and the

limited duration of construction. Impacts to geology and soils are

negligible because the site has been previously graded. Impacts to

water quality are not anticipated as a result of this project because

it is small, surrounded by existing development, not located close to

any body of water, and ground disturbing activities will be minimal. No

known cultural sites exist on the site, therefore, no impacts to

cultural resources are anticipated. No changes in land use or the

socio-economic environment are expected to occur as a result of

implementing the Bennett Plan because the project site is located in an

existing housing subdivision surrounded by residential development and

a paved road.

3. No significant cumulative effects are expected to occur as a

result of project implementation. The site was previously graded and

revegetated to an unnatural assemblage of plants. The loss of 4.2 acres

of non-coastal sage scrub vegetation on previously graded land will not

result in significant cumulative effects to the coastal California

gnatcatcher.

In addition, none of the exceptions to categorical exclusions (from

516 DM 2.3, Appendix 2) apply to the Bennett Plan. The Service

therefore has determined that approval of the Bennett Plan qualifies as

a categorical exclusion under the National Environmental Policy Act, as

provided by the Department of the Interior Manual (516 DM 2, Appendix 1

and 516 DM 6, Appendix 1). No further National Environmental Policy Act

documentation will therefore be prepared.

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

Species Act. The Service will evaluate the permit application, the

Bennett Plan, and comments submitted thereon to determine whether the

application meets the requirements of section 10(a) of the Endangered

Species Act. If it is determined that the requirements are met, a

permit will be issued. The final permit decision will be made no sooner

than 30 days from the date of this notice.

Dated: March 11, 1998.

Thomas Dwyer,

Acting Regional Director, Region 1, Portland, Oregon.

[FR Doc. 98-6807 Filed 3-16-98; 8:45 am]

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