[Federal Register Volume 68, Number 98 (Wednesday, May 21, 2003)]
[Notices]
[Pages 27841-27842]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 03-12679]
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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 Harley John Reservoir
Replacement in Riverside County, CA
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability and receipt of application.
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SUMMARY: Western Municipal Water District (Applicant) has applied to
the Fish and Wildlife Service (Service) for an incidental take permit
pursuant to section 10(a)(1)(B) of the Endangered Species Act (Act) of
1973, as amended. The Service is considering issuing a 3-year permit to
the Applicant that would authorize take of the threatened coastal
California gnatcatcher (Polioptila californica californica,
``gnatcatcher'') incidental to otherwise lawful activities associated
with the replacement of an existing 300,000 gallon water tank reservoir
with a 4 million gallon reservoir on 2.7 acres in Riverside County,
California. The project would result in the incidental take of one pair
of gnatcatchers on the project site through permanent removal of
approximately 2.3 acres of habitat.
We request comments from the public on the permit application and
an Environmental Assessment, both of which are available for review.
The permit application includes the proposed Habitat Conservation Plan
(HCP) and an accompanying Implementing Agreement. The HCP describes the
proposed action and the measures that the Applicant will undertake to
minimize and mitigate take of the gnatcatcher. To review the permit
application or Environmental Assessment, see ``Availability of
Documents'' in the SUPPLEMENTARY INFORMATION section.
DATES: We must receive your written comments on or before July 21,
2003.
ADDRESSES: Please address written comments to Mr. Jim Bartel, Field
Supervisor, U.S. Fish and Wildlife Service, 6010 Hidden Valley Road,
Carlsbad, California 92009. You also may send comments by facsimile to
(760) 918-0638.
FOR FURTHER INFORMATION CONTACT: Ms. Karen Evans, Assistant Field
Supervisor, at the above address or call (760) 431-9440.
SUPPLEMENTARY INFORMATION:
Availability of Documents
You may obtain copies of these documents for review by contacting
the Assistant Field Supervisor (FOR FURTHER INFORMATION CONTACT).
Documents also will be available for public inspection, by appointment,
during normal business hours at the above address (see ADDRESSES) and
at the Woodcrest Library, Riverside County Library System, 17024 Van
Buren Blvd., Riverside, California.
Background
Section 9 of the Act and federal regulations prohibit the ``take''
of fish and wildlife species listed as endangered or threatened. Take
of federally listed fish and wildlife is defined under the Act as
including to ``harass, harm, pursue, hunt, shoot, wound, kill, trap,
capture, or collect, or to attempt to engage in any such conduct.'' The
Service may, under limited circumstances, issue permits to
[[Page 27842]]
authorize incidental take (i.e., take that is incidental to, and not
the purpose of, the carrying out of an otherwise lawful activity).
Regulations governing incidental take permits for threatened species
are found in 50 CFR 17.32.
The Applicant proposes to replace an existing 300,000-gallon
reservoir with a 4-million gallon reservoir on 2.7 acres. The project
site is located approximately one-quarter mile west of Harley John
Road, two-thirds of a mile north of Cajalco Road, one-half mile east of
El Sobrante Road, and one-quarter mile south of Scottsdale Drive, in
Riverside County, California. The existing water tank has been in use
for approximately 40 years. The project site occurs at the northern
periphery of the Lake Mathews Estelle Mountain Reserve. Rural
residences and orchards exist southeast of the site. The project site
contains and is adjacent to gnatcatcher habitat within the Lake Mathews
region. The project site does not occur within gnatcatcher proposed
critical habitat.
One pair of gnatcatchers and a juvenile were detected during
surveys conducted according to Service protocol in 1994, 1999, and
2000. Based on these survey results, the Service concluded that
implementation of the proposed project will likely result in take of
one pair of gnatcatchers through the permanent removal of 2.3 acres of
vegetation on the 2.7-acre site.
The federally endangered Quino checkerspot butterfly (Euphydryas
editha quino) was not detected on the project site during a survey
conducted in 1999. The federally endangered Stephens' kangaroo rat
(Dipodomys stephensi) may occupy portions of the proposed project site;
however, no Stephens' kangaroo rat surveys have been conducted at the
project site. Because the proposed project site occurs within the plan
area boundary of the Habitat Conservation Plan for the Stephens'
Kangaroo Rat in Western Riverside County, California (March 1996),
compliance with this Plan and its associated implementation agreement
will be required prior to any ground-disturbing activities.
To mitigate take of gnatcatchers on the project site, the Applicant
proposes to purchase 7 credits towards conservation in perpetuity of 7
acres of gnatcatcher habitat, composed of riversidean sage scrub
vegetation, from an off-site conservation bank in western Riverside
County. The conservation bank collects fees supporting a management
endowment to ensure the permanent management and monitoring of
sensitive species and habitats, including the gnatcatcher, within the
area protected by the bank.
Although not reflected in the HCP and Implementing Agreement
available for public comment, we anticipate that the conservation bank
landowner and land manager will be signatories to the Agreement,
committing to the protection, management, and monitoring of the
conservation bank lands to conserve riversidean sage scrub habitat and
gnatcatchers in perpetuity.
The Service's Environmental Assessment considers the environmental
consequences of two alternatives, including: (1) The Proposed Project
Alternative, which consists of issuance of the incidental take permit
and implementation of the HCP and Implementing Agreement; and (2) the
No Action Alternative, which consists of no permit issuance and no
replacement of the reservoir at this time. The alternative to the
Proposed Project Alternative would result in less long-term
conservation for the gnatcatcher within western Riverside County, as it
would not contribute as much, or at all, to conservation of areas
within habitat being considered by the Service and local agencies for
long-term conservation of the species.
This notice is provided pursuant to section 10(a) of the Act and
the regulations of the National Environmental Policy Act (NEPA) of 1969
(40 CFR 1506.6). All comments that we receive, including names and
addresses, will become part of the official administrative record and
may be made available to the public. We 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 we determine that those requirements are
met, we will issue a permit to the Applicant for the incidental take of
the gnatcatcher. We will make our final permit decision no sooner than
60 days after the date of this notice.
Dated: May 14, 2003.
Ken McDermond,
Deputy Manager, California/Nevada Operations Office, Sacramento,
California.
[FR Doc. 03-12679 Filed 5-20-03; 8:45 am]
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