[Federal Register Volume 77, Number 142 (Tuesday, July 24, 2012)]
[Notices]
[Pages 43350-43352]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-17962]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R8-ES-2012-N043: FF08E00000-FXES11120800000F2-123-F2]
Draft Environmental Assessment and Proposed Habitat Conservation
Plan for the San Diego Unified School District's Jonas Salk Elementary
School Project in the City of San Diego, San Diego County, CA
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability: request for comment.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have
prepared a draft environmental assessment (EA) under the National
Environmental Policy Act (NEPA) for the proposed Jonas Salk Elementary
School Project in response to an application from the San Diego Unified
School District (District or applicant) for a 10-year incidental take
permit under the Endangered Species Act of 1973, as amended (Act). The
application addresses the potential for ``take'' of one federally
listed animal, the San Diego fairy shrimp (Branchinecta
sandiegonensis). The applicant would implement a conservation program
to mitigate the project impacts, as described in the applicant's
habitat conservation plan (plan). We request data, comments, and new
information or suggestions from the public, other concerned
governmental agencies, the scientific community, Tribes, industry, or
any other interested party on the applicant's permit application, plan,
and the associated EA.
DATES: To ensure consideration, please send your written comments by
September 24, 2012.
ADDRESSES: Please send your comments or requests for more information
by any one of the following methods.
Email: FW8cfwocomments@fws.gov. Include ``Jonas Salk Elementary
School'' in the subject line of the message.
Fax: Attn: Jim Bartel, Field Supervisor, (760) 431-5902.
U.S. Mail: Jim Bartel, Field Supervisor, Carlsbad Fish and Wildlife
Office, U.S. Fish and Wildlife Service, 6010 Hidden Valley Road, Suite
101, Carlsbad, CA 92011.
FOR FURTHER INFORMATION CONTACT: Ms. Karen Goebel, Assistant Field
Supervisor, at the address shown above or at (760) 431-9440
(telephone). If you use a telecommunications device for the deaf,
please call the Federal Information Relay Service at (800) 877-8339.
[[Page 43351]]
SUPPLEMENTARY INFORMATION: We, the Service, publish this notice under
the National Environmental Policy Act of 1969, as amended (42 U.S.C.
4321 et seq.; NEPA), and its implementing regulations in the Code of
Federal Regulations (CFR) at 40 CFR 1506.6, as well as in compliance
with section 10(c) of the Endangered Species Act (16 U.S.C. 1531 et
seq.; Act). We have prepared this EA to evaluate the impacts of several
alternatives related to the potential issuance of an incidental take
permit (ITP) to the applicant, as well as impacts of the implementation
of the supporting proposed plan.
The applicant has submitted a habitat conservation plan as part of
their application for an ITP under section 10(a)(1)(B) of the Act. The
plan includes measures to minimize and mitigate the impacts, to the
maximum extent practicable, of the proposed taking of a federally
listed species to be covered by the plan, the San Diego fairy shrimp,
and the habitat upon which it depends, resulting from construction of
the proposed Jonas Salk Elementary School Project in the City of San
Diego (City), San Diego County, California.
Background Information
Section 9 of the Act prohibits taking of fish and wildlife species
listed as endangered or threatened under section 4 of the Act. Under
the Act, the term ``take'' means to harass, harm, pursue, hunt, shoot,
wound, kill, trap, capture, or collect, or to attempt to engage in any
such conduct. The term ``harm'' is defined in the regulations as
significant habitat modification or degradation that results in death
or injury of listed species by significantly impairing essential
behavioral patterns, including breeding, feeding, or sheltering (50 CFR
17.3). The term ``harass'' is defined in the regulations as to carry
out actions that create the likelihood of injury to listed species to
such an extent as to significantly disrupt normal behavioral patterns,
which include, but are not limited to, breeding, feeding, or sheltering
(50 CFR 17.3).
However, under specified circumstances, the Service may issue
permits that allow the take of federally listed species, provided that
the take that occurs is incidental to, but not the purpose of, an
otherwise lawful activity. Regulations governing permits for endangered
and threatened species are at 50 CFR 17.22 and 17.32, respectively.
Section 10(a)(1)(B) of the Act contains provisions for issuing such
incidental take permits to non-Federal entities for the take of
endangered and threatened species, provided the following criteria are
met:
1. The taking will be incidental;
2. The applicants will, to the maximum extent practicable, minimize
and mitigate the impact of such taking;
3. The applicants will develop a proposed HCP and ensure that
adequate funding for the plan will be provided;
4. The taking will not appreciably reduce the likelihood of the
survival and recovery of the species in the wild; and
5. The applicants will carry out any other measures that the
Service may require as being necessary or appropriate for the purposes
of the HCP.
The applicant seeks incidental take authorization for the federally
endangered San Diego fairy shrimp (Branchinecta sandiegonensis), which
is the only proposed covered species in the plan.
The proposed covered activities under this plan include: (1)
Construction of an elementary school, park, and joint-use facilities on
the 13.1-acre project site; and (2) restoration and enhancement of
vernal pools occupied by San Diego fairy shrimp on the McAuliffe Park
and Carroll Canyon Mitigation Sites owned by the City (collectively
referred to as the Mitigation Sites). These three sites are located
within the Mira Mesa Community in the north-central portion of the
City.
The project site is bound by residences on the north, east, and
southeast; Rattlesnake Canyon on the south and southwest; and Maddox
Park on the west. The project site has been identified as a potential
school site on the Mira Mesa Community Land Use Plan Map and
``Recommended School Facilities'' Map since 1992. The District has
determined that this site would provide the best location for a new
elementary school to alleviate school overcrowding in the Mira Mesa
attendance area.
The McAuliffe Park Mitigation Site is approximately 0.3 mile to the
north of the project site and is bound by residences on the east,
Challenger Middle School on the north, and Lopez Canyon on the west and
south. The McAuliffe Park Mitigation Site is fenced along the interface
with the residences and school and owned by the City. The District and
City have entered into a Memorandum of Understanding (MOU) that allows
the District to use the McAuliffe Park Mitigation Site in exchange for
additional park land and public facilities at the project site. Under
the MOU, ownership of the McAuliffe Park Site would be transferred from
the City to the District.
The Carroll Canyon Mitigation Site is approximately 0.5 mile to the
south of the project site and is within the larger 19.1-acre Carroll
Canyon Preserve. The site is bound by residences on the north, the
Carroll Canyon Preserve on the east and south, and aggregate mining
operations on the west. The entire Carroll Canyon Preserve, including
the mitigation site, is fenced and owned by the City.
The District and City are negotiating on a Right of Entry Permit
that allows the District to use the Carroll Canyon Mitigation Site. At
this time, the Carroll Canyon Mitigation Site appears to be a viable
mitigation option for the District. If the District is unable to
negotiate a Right of Entry Permit with the City for use of the Carroll
Canyon Mitigation Site, the District would be required to pursue other
options acceptable to and approved by the Service.
The District proposes to develop the Jonas Salk Elementary School,
park, and joint use facilities on the project site. The park and joint-
use facilities would be constructed, owned, and maintained by the City
in accordance with the MOU.
The proposed project would permanently remove all San Diego fairy
shrimp and its vernal pool habitat from the project site. To mitigate
impacts to the San Diego fairy shrimp and its vernal pool habitat, the
applicant would preserve, restore, enhance, monitor, and manage vernal
pool habitat for the San Diego fairy shrimp on the Mitigation Sites.
Alternatives in the Draft Environmental Assessment
The impacts of the proposed action are compared to the no-action
alternative and to the impacts of a reduced vernal pool impact
alternative in the draft EA.
Proposed Alternative
The Proposed Alternative, the proposed HCP, would encompass a site
area of 13.1 acres. This alternative would allow: (1) Construction of
an elementary school that is in compliance with all applicable
California Department of Education School Development Guidelines
(guidelines); (2) construction of a park and public facilities
according to an MOU between the District and City; and (3) the
restoration, enhancement, preservation, and/or management of San Diego
fairy shrimp habitat at the Mitigation Sites. The HCP's overall
conservation strategy for the San Diego fairy shrimp is to allow
impacts to degraded vernal pools with low long-term conservation value
at the project site in exchange for conservation of higher quality
vernal pools at the mitigation sites in
[[Page 43352]]
perpetuity to aid the recovery of the species.
The Proposed Alternative would result in permanent impacts to all
1.66 acres of San Diego fairy shrimp vernal pool habitat (i.e., all 99
pools) on the project site. The applicant proposes to mitigate impacts
to San Diego fairy shrimp and its vernal pool habitat at a 2:1 ratio by
restoration, enhancement, and preservation of 3.32 acres of vernal
pools: a total of 2.62 acres would occur at the McAuliffe Park
Mitigation Site, and 0.7 acre would occur at the Carroll Canyon
Mitigation Site. All restored pools would be occupied by the San Diego
fairy shrimp. The applicant would record a perpetual biological
conservation easement over, and implement a perpetual management and
monitoring plan for, the Mitigation Sites.
Under the Proposed Alternative, we would issue an incidental take
permit for the applicant's proposed project, which includes the
activities described above. These activities are described in detail in
the plan.
Reduced Vernal Pool Impact Alternative
Under the Reduced Vernal Pool Impact Alternative, the project would
avoid and minimize impacts to the San Diego fairy shrimp and its vernal
pool habitat by reducing the site area to 8.83 acres. This alternative
would not comply with state guidelines for school site area, turf
fields, or hardcourt play area, and only minimally comply with the
guidelines for classrooms, support facilities, site circulation, and
fire access.
The Reduced Vernal Pool Impact Alternative would result in
permanent impacts to 0.72 acre of San Diego fairy shrimp vernal pool
habitat on the project site. The applicant would mitigate impacts to
San Diego fairy shrimp and its vernal pool habitat at a 2:1 ratio by
enhancing and preserving 0.94 acre of vernal pools on the project site
and restoring 0.5 acre of vernal pools on the project site and/or at
the McAuliffe Park Mitigation Site. All restored pools would be
occupied by the San Diego fairy shrimp. The applicant would record a
perpetual biological conservation easement over, and implement a
perpetual management and monitoring plan for, the project site and/or
McAuliffe Park Mitigation Site. While this alternative would avoid some
of the San Diego fairy shrimp habitat onsite, the avoided habitat would
be surrounded by the adjoining school and park and have a minimal
connection with natural open space. Therefore, the avoided habitat
would be subject to fragmentation and indirect impacts that would limit
the long-term viability of the San Diego fairy shrimp population
onsite.
The Reduced Vernal Pool Impact Alternative would also require
issuance of an incidental take permit.
No Action Alternative
Under the No Action alternative, we would not issue a permit, and
the applicant would not construct the project. The no-action
alternative would not achieve the applicant's objectives and would not
allow the development of the project on a District property that is
identified as a potential school site on the Mira Mesa Community Land
Use Plan Map and ``Recommended School Facilities'' Map. Under the No
Action Alternative, the project site would continue to be subject to
impacts from pedestrian, pet and bicycle traffic, which may eventually
lead to the extirpation of San Diego fairy shrimp at the site. In
addition, no mitigation lands would be restored, enhanced, monitored
and managed for the permanent conservation of San Diego fairy shrimp
under the no-action alternative.
Environmental Review and Next Steps
As described in our EA, we have made the preliminary determination
that approval of the proposed plan and issuance of the permit will not
result in any significant impacts to the environment and warrants a
Finding of No Significant Impact (FONSI) under NEPA (42 U.S.C. 4321 et
seq.), as provided by Federal regulations (40 CFR 1500, 5(k),
1507.3(b)(2), 1508.4) and the Department of the Interior Manual (516 DM
2 and 516 DM 8). Our EA articulates the project's effects on all
potential resources that could be adversely affected, including
vegetation, wildlife, threatened or endangered species, wetlands,
geology and soils, land use, air quality, water resources and water
quality, cultural resources, paleontological resources, and traffic and
transportation. It also includes an analysis of alternatives and
cumulative effects.
Public Comments
We request data, comments, new information, or suggestions from the
public, other concerned governmental agencies, the scientific
community, Tribes, industry, or any other interested party on the plan
and the draft EA. We particularly seek comments on any environmental
issues of concern to the public that should be considered with regard
to the proposed development and permit action.
You may submit your comments and materials by one of the methods
listed in the ADDRESSES section.
We will consider public comments on the draft EA when making the
final determination on whether to prepare additional NEPA documents on
the proposed action and in making a decision whether to issue an
incidental take permit.
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 can
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.
Availability of Documents
You may obtain copies of the permit application, plan, and EA from
the individuals in FOR FURTHER INFORMATION CONTACT. Copies of these
documents are available for public inspection, by appointment, during
regular business hours, at the Carlsbad Fish and Wildlife Office (see
ADDRESSES). Documents are also available at the following City
Libraries: (1) Mira Mesa Library, 8405 New Salem Street, 92126; (2)
Scripps Ranch Library, 10301 Scripps Lake Drive, 92131; (3) Rancho
Penasquitos Library, 13330 Salmon River Road, 92129; and (4) North
University Community Branch Library 8820 Judicial Drive, 92122.
Authority
We provide this notice pursuant to section 10(c) of the Act and
NEPA regulations (40 CFR 1500.1(b), 1500.2(d), and 1506.6). We will
evaluate the permit application, including the plan and comments we
receive, to determine whether the application meets the requirements of
section 10(a) of the Act. If the requirements are met, we will issue a
permit to the applicant for the incidental take of the San Diego fairy
shrimp from the implementation of the covered activities described in
the plan. We will make the final permit decision no sooner than 30 days
after the date of this notice.
Alexandra Pitts,
Deputy Regional Director, Pacific Southwest Region, U.S. Fish and
Wildlife Service, Sacramento, California.
[FR Doc. 2012-17962 Filed 7-23-12; 8:45 am]
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