83_FR_54980 83 FR 54769 - Draft City of Rancho Palos Verdes Natural Community Conservation Plan and Habitat Conservation Plan and Draft Environmental Assessment, City of Rancho Palos Verdes, Los Angeles County, California

83 FR 54769 - Draft City of Rancho Palos Verdes Natural Community Conservation Plan and Habitat Conservation Plan and Draft Environmental Assessment, City of Rancho Palos Verdes, Los Angeles County, California

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 83, Issue 211 (October 31, 2018)

Page Range54769-54771
FR Document2018-23762

We, the U.S. Fish and Wildlife Service, announce the receipt and availability of a draft Natural Community Conservation Plan/Habitat Conservation Plan (NCCP/HCP) and draft environmental assessment (EA), which evaluates the impacts of, and alternatives to, the proposed City of Rancho Palos Verdes (City of RPV) NCCP/HCP. The City of RPV NCCP/HCP was submitted by the City of Rancho Palos Verdes in support of an application under the Endangered Species Act, for a permit authorizing the incidental take of 10 covered species resulting from covered projects/activities and a permit under the State of California's Natural Community Conservation Planning Act of 2002. We request review and comment on the City of RPV NCCP/HCP and the draft EA from local, State, and Federal agencies; Tribes; and the public.

Federal Register, Volume 83 Issue 211 (Wednesday, October 31, 2018)
[Federal Register Volume 83, Number 211 (Wednesday, October 31, 2018)]
[Notices]
[Pages 54769-54771]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-23762]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2018-N094; FXES11140800000-178-FF08E00000]


Draft City of Rancho Palos Verdes Natural Community Conservation 
Plan and Habitat Conservation Plan and Draft Environmental Assessment, 
City of Rancho Palos Verdes, Los Angeles County, California

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for public comment.

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SUMMARY: We, the U.S. Fish and Wildlife Service, announce the receipt 
and availability of a draft Natural Community Conservation Plan/Habitat 
Conservation Plan (NCCP/HCP) and draft environmental assessment (EA), 
which evaluates the impacts of, and alternatives to, the proposed City 
of Rancho Palos Verdes (City of RPV) NCCP/HCP. The City of RPV NCCP/HCP 
was submitted by the City of Rancho Palos Verdes in support of an 
application under the Endangered Species Act, for a permit authorizing 
the incidental take of 10 covered species resulting from covered 
projects/activities and a permit under the State of California's 
Natural Community Conservation Planning Act of 2002. We request review 
and comment on the City of RPV NCCP/HCP and the draft EA from local, 
State, and Federal agencies; Tribes; and the public.

DATES: To ensure consideration, please send your written comments by 
December 31, 2018.

ADDRESSES: 
    Obtaining Documents: You may obtain copies of the City of RPV NCCP/
HCP and the draft EA by the following methods. Please specify that your 
request pertains to the City of RPV NCCP/HCP.
     Email: [email protected].
     Internet: http://www.rpvca.gov/490/Palos-Verdes-Nature-Preserve-NCCP-PUMP-H.
     U.S. Mail: A limited number of CD-ROM and printed copies 
are available, by request, from the following locations:
    [ssquf] Carlsbad Fish and Wildlife Office, 2177 Salk Avenue, Suite 
250, Carlsbad, CA 92008;
    [ssquf] Rancho Palos Verdes City Hall (see address under In-Person, 
below).
     In-Person: Copies are available for public inspection and 
review at the following locations, by appointment and written request 
only:
    [ssquf] Rancho Palos Verdes City Hall, 30940 Hawthorne Blvd., 
Rancho Palos Verdes, CA 90275 (telephone: 310-554-5267; 7:30 a.m. to 
5:30 p.m., Monday through Thursday, and 7:30 a.m. to 4:30 p.m. on 
Friday); and
    [ssquf] Palos Verdes Peninsula Land Conservancy, 916 Silver Spur 
Road, Suite 207, Rolling Hills Estates, CA 90274 (9:30 a.m. to 5 p.m., 
Monday through Friday).
    Submitting Comments: You may submit comments by one of the 
following methods:
     Email: [email protected]; please include ``City of 
RPV NCCP/HCP'' in the subject line.
     U.S. Mail: Karen Goebel, Attn: City of RPV NCCP/HCP (use 
the Carlsbad

[[Page 54770]]

Fish and Wildlife Office address under Obtaining Documents).
     Telephone: Karen Goebel, 760-431-9440.

FOR FURTHER INFORMATION CONTACT: Mary Beth Woulfe, 760-431-9440.

SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service 
(Service), announce the receipt and availability of a draft Natural 
Community Conservation Plan/Habitat Conservation Plan (HCP/NCCP) and 
draft environmental assessment (EA), which evaluates the impacts of, 
and alternatives to, the proposed City of Rancho Palos Verdes (RPV) 
NCCP/HCP. The City of RPV NCCP/HCP was submitted by the City of Rancho 
Palos Verdes in support of an application under section 10 of the 
Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et 
seq.), for a permit authorizing the incidental take of 10 covered 
species resulting from covered projects/activities. The proposed City 
of RPV NCCP/HCP plan area encompasses approximately 8,616.6 acres on 
the Palos Verdes Peninsula, Los Angeles County, California.

Introduction

    Under section 10(c) of the ESA and under the National Environmental 
Policy Act of 1969 (NEPA; 42 U.S.C. 4321 et seq.), this notice advises 
the public of the receipt and availability for public review of the 
draft City of RPV NCCP/HCP and draft EA, which evaluates the impacts 
of, and alternatives to, the City of RPV NCCP/HCP, submitted with an 
application for a permit to authorize the incidental take of federally 
listed covered species resulting from covered projects/activities 
within the plan area. The Service is the Lead Agency pursuant to NEPA. 
The proposed Federal action is issuance of an incidental take permit 
(ITP) under section 10(a)(1)(B) of the ESA to the City of Rancho Palos 
Verdes and their habitat manager, Palos Verdes Peninsula Land 
Conservancy.

Background

    Section 9 of the ESA prohibits ``take'' of fish and wildlife 
species listed as endangered under section 4 (16 U.S.C. 1538, 1533, 
respectively). Section 10(a)(1)(B) of the ESA provides for the issuance 
of a permit for the taking of listed fish and wildlife species that is 
incidental to, and not the purpose of, the carrying out of an otherwise 
lawful activity (``incidental take''). The ESA implementing regulations 
extend, under certain circumstances, the prohibition of take to 
threatened species (50 CFR 17.31). Regulations governing permits for 
endangered and threatened species are at 50 CFR 17.22 and 17.32. For 
more about the HCP program, go to http://www.fws.gov/endangered/esa-library/pdf/hcp.pdf.
    Under section 10(a) of the ESA, the Service may issue permits to 
authorize incidental take of listed fish and wildlife species. Section 
10(a)(2)(B) of the ESA contains criteria for issuing ITPs to non-
Federal entities for the take of endangered and threatened species, 
provided the following criteria are met:
     The taking will be incidental;
     The applicant will, to the maximum extent practicable, 
minimize and mitigate the impact of such taking;
     The applicant will develop an HCP and ensure that adequate 
funding for the plan will be provided;
     The taking will not appreciably reduce the likelihood of 
the survival and recovery of the species in the wild; and
     The applicant will carry out any other measures that the 
Secretary may require as being necessary or appropriate for the 
purposes of the HCP.
    The purpose of issuing an ITP to the City of Rancho Palos Verdes 
would be to permit incidental take of the covered species resulting 
from identified covered City of Rancho Palos Verdes and private 
projects/activities within the plan area. Implementation of the City of 
RPV NCCP/HCP is intended to maximize conservation for covered species 
while providing cost-savings and reducing potential time-delays 
associated with processing individual ITPs for each covered project/
activity within the plan area.
    The proposed City of RPV NCCP/HCP includes measures intended to 
minimize and mitigate the impacts of the taking to the maximum extent 
practicable from covered City of Rancho Palos Verdes and private 
projects/activities within the plan area.

Proposed Action

    The proposed action is the issuance of an ITP by the Service to 
City of Rancho Palos Verdes and their habitat manager, Palos Verdes 
Peninsula Land Conservancy, for the incidental take of covered species 
from identified covered projects/activities, including the avoidance, 
minimization, and mitigation of impacts to covered species within the 
8,616.6-acre plan area for 40 years. The proposed City of RPV NCCP/HCP 
is a conservation plan for the following 10 species:

Federally listed as endangered:
    Palos Verdes blue butterfly
    El Segundo blue butterfly
Federally listed as threatened:
    Coastal California gnatcatcher
Unlisted:
    Cactus wren
    Aphanisma
    South coast salt scale
    Catalina crossosoma
    Island green dudleya
    Santa Catalina Island desert-thorn
    Woolly seablite

    There are 17 City of Rancho Palos Verdes projects/activities and 5 
private projects/activities proposed to be covered by the ITP. The City 
of Rancho Palos Verdes projects/activities include landslide abatement, 
drainage improvement, dewatering wells, road and canyon repairs, fuel 
modification, and maintenance; private projects/activities include 
development, remedial grading, and fuel modification. Public use is 
also identified as a conditionally allowable use. Potential impacts to 
covered species include disruption of normal behavior by covered 
projects/activities and injury or death due to construction activities. 
The City of RPV NCCP/HCP provides a comprehensive approach to the 
conservation and management of these species and their habitat within 
the plan area.
    The plan area is approximately 8,616.6 acres and includes the 
entire boundary of the City of Rancho Palos Verdes. The plan area is 
constant for all of the alternatives analyzed in the EA. The City of 
RPV NCCP/HCP quantifies the expected loss of habitat and the proposed 
mitigation, including management and monitoring of the preserve.

Alternatives

    We considered five alternatives in the EA: (1) No Action 
Alternative; (2) Alternative A, Peninsula NCCP Working Group 
Alternative; (3) Alternative B, Landowner Alternative; (4) Alternative 
C, The City of Rancho Palos Verdes' Alternative; and (5) Alternative D, 
The Proposed Action.
    Under the No Action Alternative, the City of Rancho Palos Verdes 
NCCP/HCP would not move forward for approval and an ITP would not be 
issued. All projects/activities proposed in City of RPV NCCP/HCP would 
continue to be reviewed in accordance with existing State land use and 
environmental regulations. Alternative A was developed by the working 
group, which consisted of stakeholders within the City of Rancho Palos 
Verdes, and included the largest preserve area, totaling about 1,559.1 
acres. Alternative B was developed by the major landowners in 1999 and 
proposed the smallest preserve area of all of the alternatives. 
Alternative C was developed by the City of Rancho Palos

[[Page 54771]]

Verdes and was a compromise of Alternative A and B. The preserve size 
under Alternative C is slightly larger than that under the Proposed 
Action (Alternative D), but the total amount of coastal sage scrub 
habitat under Alternative C is slightly lower than that in the Proposed 
Action (Alternative D).
    The Proposed Action (Alternative D) is the same as Alternative C, 
with the following exceptions: (1) A 27.0-acre parcel in the Upper 
Filiorum property has been removed from the preserve and is now 
identified as a covered project, including the associated dedication of 
30 acres of functional and connected habitat; (2) 40.0 acres of a 
former archery range property have been removed from the preserve due 
to landslide and legal constraints; and (3) 61.5 acres of Malaga Canyon 
have been purchased by the City of Rancho Palos Verdes and have been 
incorporated into the preserve. The preserve in Alternative D totals 
1,402.4 acres.

Request for Comments

    Consistent with section 10(c) of the ESA, we invite your submission 
of written comments, data, or arguments with respect to the City of 
Rancho Palos Verdes' permit application, the City of RPV NCCP/HCP, and 
proposed permitting decision.

Public Availability of Comments

    Written comments we receive become part of the public record 
associated with this action. 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 may request in your comment that we withhold 
your personal identifying information from public review, we cannot 
guarantee that we will be able to do so. All submissions from 
organizations or businesses, and from individuals identifying 
themselves as representatives or officials of organizations or 
businesses, will be made available for public disclosure in their 
entirety.

Next Steps

    Issuance of an incidental take permit is a Federal proposed action 
subject to compliance with NEPA. We will evaluate the application, 
associated documents, and any public comments we receive to determine 
whether the application meets the requirements of section 10(a) of the 
ESA. If we determine that those requirements are met, we will issue a 
permit to the applicant for the incidental take of the covered species. 
We will make our final permit decision no sooner than 60 days after the 
public comment period closes.

Authority

    We provide this notice under section 10(c) of the ESA (16 U.S.C. 
1531 et seq.) and its implementing regulations (50 CFR 17.22 and 17.32) 
and NEPA (42 U.S.C. 4321 et seq.) and its implementing regulations (40 
CFR 1506.6).

Scott Sobiech,
Acting Field Supervisor, Carlsbad Fish and Wildlife Office, Carlsbad, 
California.
[FR Doc. 2018-23762 Filed 10-30-18; 8:45 am]
 BILLING CODE 4333-15-P



                                                                        Federal Register / Vol. 83, No. 211 / Wednesday, October 31, 2018 / Notices                                          54769

                                              employers participating in E-Verify who                 797, Notice of Action (Approval Notice),              SUMMARY:    We, the U.S. Fish and
                                              receive an E-Verify case result of                      that has been auto-extended by this                   Wildlife Service, announce the receipt
                                              ‘‘Tentative Nonconfirmation’’ (TNC)                     Notice and a copy of this Notice;                     and availability of a draft Natural
                                              must promptly inform employees of the                     (4) Any other relevant DHS-issued                   Community Conservation Plan/Habitat
                                              TNC and give such employees an                          document that indicates your                          Conservation Plan (NCCP/HCP) and
                                              opportunity to contest the TNC. A TNC                   immigration status or authorization to                draft environmental assessment (EA),
                                              case result means that the information                  be in the United States, or that may be               which evaluates the impacts of, and
                                              entered into E-Verify from an                           used by DHS to determine whether you                  alternatives to, the proposed City of
                                              employee’s Form I–9 differs from                        have such status or authorization to                  Rancho Palos Verdes (City of RPV)
                                              records available to DHS.                               remain in the United States. Check with               NCCP/HCP. The City of RPV NCCP/HCP
                                                 Employers may not terminate,                         the government agency regarding which                 was submitted by the City of Rancho
                                              suspend, delay training, withhold pay,                  document(s) the agency will accept.                   Palos Verdes in support of an
                                              lower pay, or take any adverse action                     Some benefit-granting agencies use                  application under the Endangered
                                              against an employee because of the TNC                  the SAVE program to confirm the                       Species Act, for a permit authorizing the
                                              while the case is still pending with E-                 current immigration status of applicants              incidental take of 10 covered species
                                              Verify. A Final Nonconfirmation (FNC)                   for public benefits. In most cases, SAVE              resulting from covered projects/
                                              case result is received when E-Verify                   provides an automated electronic                      activities and a permit under the State
                                              cannot verify an employee’s                             response to benefit-granting agencies                 of California’s Natural Community
                                              employment eligibility. An employer                     within seconds, but, occasionally,                    Conservation Planning Act of 2002. We
                                              may terminate employment based on a                     verification can be delayed. You can                  request review and comment on the City
                                              case result of FNC. Work-authorized                     check the status of your SAVE                         of RPV NCCP/HCP and the draft EA
                                              employees who receive an FNC may call                   verification by using CaseCheck at the                from local, State, and Federal agencies;
                                              USCIS for assistance at 888–897–7781                    following link: https://save.uscis.gov/               Tribes; and the public.
                                              (TTY 877–875–6028). For more                            casecheck/, then by clicking the ‘‘Check              DATES: To ensure consideration, please
                                              information about E-Verify-related                      Your Case’’ button. CaseCheck is a free               send your written comments by
                                              discrimination or to report an employer                 service that lets you follow the progress             December 31, 2018.
                                              for discrimination in the E-Verify                      of your SAVE verification using your
                                              process based on citizenship,                                                                                 ADDRESSES:
                                                                                                      date of birth and one immigration                       Obtaining Documents: You may
                                              immigration status, or national origin,                 identifier number. If an agency has
                                              contact IER’s Worker Hotline at 800–                                                                          obtain copies of the City of RPV NCCP/
                                                                                                      denied your application based solely or               HCP and the draft EA by the following
                                              255–7688 (TTY 800–237–2515).                            in part on a SAVE response, the agency
                                              Additional information about proper                                                                           methods. Please specify that your
                                                                                                      must offer you the opportunity to appeal              request pertains to the City of RPV
                                              nondiscriminatory Form I–9 and E-                       the decision in accordance with the
                                              Verify procedures is available on the                                                                         NCCP/HCP.
                                                                                                      agency’s procedures. If the agency has                  • Email: katiel@rpvca.gov.
                                              IER website at https://www.justice.gov/                 received and acted upon or will act
                                              ier and on the USCIS and E-Verify                                                                               • Internet: http://www.rpvca.gov/490/
                                                                                                      upon a SAVE verification and you do                   Palos-Verdes-Nature-Preserve-NCCP-
                                              websites at https://www.uscis.gov/i-9-                  not believe the response is correct, you
                                              central and https://www.e-verify.gov.                                                                         PUMP-H.
                                                                                                      may make an InfoPass appointment for                    • U.S. Mail: A limited number of CD–
                                              Note Regarding Federal, State, and                      an in-person interview at a local USCIS               ROM and printed copies are available,
                                              Local Government Agencies (Such as                      office. Detailed information on how to                by request, from the following locations:
                                              Departments of Motor Vehicles)                          make corrections, make an appointment,                  D Carlsbad Fish and Wildlife Office,
                                                While Federal Government agencies                     or submit a written request to correct                2177 Salk Avenue, Suite 250, Carlsbad,
                                              must follow the guidelines laid out by                  records under the Freedom of                          CA 92008;
                                              the Federal Government, state and local                 Information Act can be found on the                     D Rancho Palos Verdes City Hall (see
                                              government agencies establish their own                 SAVE website at http://www.uscis.gov/                 address under In-Person, below).
                                              rules and guidelines when granting                      save.                                                   • In-Person: Copies are available for
                                              certain benefits. Each state may have                   [FR Doc. 2018–23892 Filed 10–30–18; 8:45 am]          public inspection and review at the
                                              different laws, requirements, and                       BILLING CODE 9111–97–P                                following locations, by appointment and
                                              determinations about what documents                                                                           written request only:
                                              you need to provide to prove eligibility                                                                         D Rancho Palos Verdes City Hall,
                                              for certain benefits. Whether you are                   DEPARTMENT OF THE INTERIOR                            30940 Hawthorne Blvd., Rancho Palos
                                              applying for a Federal, state, or local                                                                       Verdes, CA 90275 (telephone: 310–554–
                                              government benefit, you may need to                     Fish and Wildlife Service                             5267; 7:30 a.m. to 5:30 p.m., Monday
                                              provide the government agency with                                                                            through Thursday, and 7:30 a.m. to 4:30
                                              documents that show you are a TPS                       [FWS–R8–ES–2018–N094;                                 p.m. on Friday); and
                                              beneficiary, show you are authorized to                 FXES11140800000–178–FF08E00000]                          D Palos Verdes Peninsula Land
                                              work based on TPS or other status, and/                                                                       Conservancy, 916 Silver Spur Road,
                                                                                                      Draft City of Rancho Palos Verdes                     Suite 207, Rolling Hills Estates, CA
                                              or that may be used by DHS to                           Natural Community Conservation Plan
                                              determine whether you have TPS or                                                                             90274 (9:30 a.m. to 5 p.m., Monday
                                                                                                      and Habitat Conservation Plan and                     through Friday).
                                              other immigration status. Examples of                   Draft Environmental Assessment, City
                                              such documents are:                                                                                              Submitting Comments: You may
amozie on DSK3GDR082PROD with NOTICES1




                                                                                                      of Rancho Palos Verdes, Los Angeles                   submit comments by one of the
                                                (1) Your current EAD;
                                                (2) A copy of this Federal Register                   County, California                                    following methods:
                                              Notice, providing an automatic                          AGENCY:   Fish and Wildlife Service,                     • Email: fw8cfwocomments@fws.gov;
                                              extension of your currently expired or                  Interior.                                             please include ‘‘City of RPV NCCP/
                                              expiring EAD;                                                                                                 HCP’’ in the subject line.
                                                                                                      ACTION: Notice of availability; request
                                                (3) A copy of your Form I–94,                                                                                  • U.S. Mail: Karen Goebel, Attn: City
                                                                                                      for public comment.
                                              (Arrival/Departure Record), or Form I–                                                                        of RPV NCCP/HCP (use the Carlsbad


                                         VerDate Sep<11>2014   18:06 Oct 30, 2018   Jkt 247001   PO 00000   Frm 00069   Fmt 4703   Sfmt 4703   E:\FR\FM\31OCN1.SGM   31OCN1


                                              54770                     Federal Register / Vol. 83, No. 211 / Wednesday, October 31, 2018 / Notices

                                              Fish and Wildlife Office address under                  for endangered and threatened species                 Unlisted:
                                              Obtaining Documents).                                   are at 50 CFR 17.22 and 17.32. For more                 Cactus wren
                                                • Telephone: Karen Goebel, 760–431–                   about the HCP program, go to http://                    Aphanisma
                                              9440.                                                   www.fws.gov/endangered/esa-library/                     South coast salt scale
                                                                                                      pdf/hcp.pdf.                                            Catalina crossosoma
                                              FOR FURTHER INFORMATION CONTACT:
                                                                                                        Under section 10(a) of the ESA, the                   Island green dudleya
                                              Mary Beth Woulfe, 760–431–9440.                                                                                 Santa Catalina Island desert-thorn
                                                                                                      Service may issue permits to authorize
                                              SUPPLEMENTARY INFORMATION: We, the                                                                              Woolly seablite
                                                                                                      incidental take of listed fish and
                                              U.S. Fish and Wildlife Service (Service),                                                                       There are 17 City of Rancho Palos
                                                                                                      wildlife species. Section 10(a)(2)(B) of
                                              announce the receipt and availability of                                                                      Verdes projects/activities and 5 private
                                                                                                      the ESA contains criteria for issuing
                                              a draft Natural Community                                                                                     projects/activities proposed to be
                                                                                                      ITPs to non-Federal entities for the take
                                              Conservation Plan/Habitat Conservation                                                                        covered by the ITP. The City of Rancho
                                                                                                      of endangered and threatened species,
                                              Plan (HCP/NCCP) and draft                                                                                     Palos Verdes projects/activities include
                                                                                                      provided the following criteria are met:
                                              environmental assessment (EA), which                                                                          landslide abatement, drainage
                                                                                                        • The taking will be incidental;
                                              evaluates the impacts of, and                             • The applicant will, to the maximum                improvement, dewatering wells, road
                                              alternatives to, the proposed City of                   extent practicable, minimize and                      and canyon repairs, fuel modification,
                                              Rancho Palos Verdes (RPV) NCCP/HCP.                     mitigate the impact of such taking;                   and maintenance; private projects/
                                              The City of RPV NCCP/HCP was                              • The applicant will develop an HCP                 activities include development,
                                              submitted by the City of Rancho Palos                   and ensure that adequate funding for the              remedial grading, and fuel modification.
                                              Verdes in support of an application                     plan will be provided;                                Public use is also identified as a
                                              under section 10 of the Endangered                        • The taking will not appreciably                   conditionally allowable use. Potential
                                              Species Act of 1973, as amended (ESA;                   reduce the likelihood of the survival                 impacts to covered species include
                                              16 U.S.C. 1531 et seq.), for a permit                   and recovery of the species in the wild;              disruption of normal behavior by
                                              authorizing the incidental take of 10                   and                                                   covered projects/activities and injury or
                                              covered species resulting from covered                    • The applicant will carry out any                  death due to construction activities. The
                                              projects/activities. The proposed City of               other measures that the Secretary may                 City of RPV NCCP/HCP provides a
                                              RPV NCCP/HCP plan area encompasses                      require as being necessary or                         comprehensive approach to the
                                              approximately 8,616.6 acres on the                      appropriate for the purposes of the HCP.              conservation and management of these
                                              Palos Verdes Peninsula, Los Angeles                       The purpose of issuing an ITP to the                species and their habitat within the plan
                                              County, California.                                     City of Rancho Palos Verdes would be                  area.
                                              Introduction                                            to permit incidental take of the covered                The plan area is approximately
                                                                                                      species resulting from identified                     8,616.6 acres and includes the entire
                                                 Under section 10(c) of the ESA and                   covered City of Rancho Palos Verdes                   boundary of the City of Rancho Palos
                                              under the National Environmental                        and private projects/activities within                Verdes. The plan area is constant for all
                                              Policy Act of 1969 (NEPA; 42 U.S.C.                     the plan area. Implementation of the                  of the alternatives analyzed in the EA.
                                              4321 et seq.), this notice advises the                  City of RPV NCCP/HCP is intended to                   The City of RPV NCCP/HCP quantifies
                                              public of the receipt and availability for              maximize conservation for covered                     the expected loss of habitat and the
                                              public review of the draft City of RPV                  species while providing cost-savings                  proposed mitigation, including
                                              NCCP/HCP and draft EA, which                            and reducing potential time-delays                    management and monitoring of the
                                              evaluates the impacts of, and                           associated with processing individual                 preserve.
                                              alternatives to, the City of RPV NCCP/                  ITPs for each covered project/activity
                                              HCP, submitted with an application for                                                                        Alternatives
                                                                                                      within the plan area.
                                              a permit to authorize the incidental take                 The proposed City of RPV NCCP/HCP                      We considered five alternatives in the
                                              of federally listed covered species                     includes measures intended to                         EA: (1) No Action Alternative; (2)
                                              resulting from covered projects/                        minimize and mitigate the impacts of                  Alternative A, Peninsula NCCP Working
                                              activities within the plan area. The                    the taking to the maximum extent                      Group Alternative; (3) Alternative B,
                                              Service is the Lead Agency pursuant to                  practicable from covered City of Rancho               Landowner Alternative; (4) Alternative
                                              NEPA. The proposed Federal action is                    Palos Verdes and private projects/                    C, The City of Rancho Palos Verdes’
                                              issuance of an incidental take permit                   activities within the plan area.                      Alternative; and (5) Alternative D, The
                                              (ITP) under section 10(a)(1)(B) of the                                                                        Proposed Action.
                                              ESA to the City of Rancho Palos Verdes                  Proposed Action                                          Under the No Action Alternative, the
                                              and their habitat manager, Palos Verdes                   The proposed action is the issuance of              City of Rancho Palos Verdes NCCP/HCP
                                              Peninsula Land Conservancy.                             an ITP by the Service to City of Rancho               would not move forward for approval
                                                                                                      Palos Verdes and their habitat manager,               and an ITP would not be issued. All
                                              Background                                                                                                    projects/activities proposed in City of
                                                                                                      Palos Verdes Peninsula Land
                                                 Section 9 of the ESA prohibits ‘‘take’’              Conservancy, for the incidental take of               RPV NCCP/HCP would continue to be
                                              of fish and wildlife species listed as                  covered species from identified covered               reviewed in accordance with existing
                                              endangered under section 4 (16 U.S.C.                   projects/activities, including the                    State land use and environmental
                                              1538, 1533, respectively). Section                      avoidance, minimization, and                          regulations. Alternative A was
                                              10(a)(1)(B) of the ESA provides for the                 mitigation of impacts to covered species              developed by the working group, which
                                              issuance of a permit for the taking of                  within the 8,616.6-acre plan area for 40              consisted of stakeholders within the
                                              listed fish and wildlife species that is                years. The proposed City of RPV NCCP/                 City of Rancho Palos Verdes, and
amozie on DSK3GDR082PROD with NOTICES1




                                              incidental to, and not the purpose of,                  HCP is a conservation plan for the                    included the largest preserve area,
                                              the carrying out of an otherwise lawful                 following 10 species:                                 totaling about 1,559.1 acres. Alternative
                                              activity (‘‘incidental take’’). The ESA                 Federally listed as endangered:                       B was developed by the major
                                              implementing regulations extend, under                    Palos Verdes blue butterfly                         landowners in 1999 and proposed the
                                              certain circumstances, the prohibition of                 El Segundo blue butterfly                           smallest preserve area of all of the
                                              take to threatened species (50 CFR                      Federally listed as threatened:                       alternatives. Alternative C was
                                              17.31). Regulations governing permits                     Coastal California gnatcatcher                      developed by the City of Rancho Palos


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                                                                        Federal Register / Vol. 83, No. 211 / Wednesday, October 31, 2018 / Notices                                            54771

                                              Verdes and was a compromise of                          applicant for the incidental take of the              SUPPLEMENTARY INFORMATION:
                                              Alternative A and B. The preserve size                  covered species. We will make our final
                                              under Alternative C is slightly larger                  permit decision no sooner than 60 days                Background
                                              than that under the Proposed Action                     after the public comment period closes.                  In 2006, we completed the San Diego
                                              (Alternative D), but the total amount of                                                                      Bay National Wildlife Refuge (NWR)
                                                                                                      Authority
                                              coastal sage scrub habitat under                                                                              Comprehensive Conservation Plan
                                              Alternative C is slightly lower than that                 We provide this notice under section                (CCP) and final EIS/ROD to guide the
                                              in the Proposed Action (Alternative D).                 10(c) of the ESA (16 U.S.C. 1531 et seq.)             management of the San Diego Bay NWR
                                                 The Proposed Action (Alternative D)                  and its implementing regulations (50                  over a 15-year period (71 FR 64552,
                                              is the same as Alternative C, with the                  CFR 17.22 and 17.32) and NEPA (42                     November 2, 2006). The wildlife and
                                              following exceptions: (1) A 27.0-acre                   U.S.C. 4321 et seq.) and its                          habitat management goal of the selected
                                              parcel in the Upper Filiorum property                   implementing regulations (40 CFR                      management alternative in the CCP for
                                              has been removed from the preserve and                  1506.6).                                              the South San Diego Bay Unit is to
                                              is now identified as a covered project,
                                                                                                      Scott Sobiech,                                        ‘‘Protect, manage, enhance, and restore
                                              including the associated dedication of
                                                                                                      Acting Field Supervisor, Carlsbad Fish and            . . . coastal wetlands . . . to benefit the
                                              30 acres of functional and connected
                                                                                                      Wildlife Office, Carlsbad, California.                native fish, wildlife, and plant species
                                              habitat; (2) 40.0 acres of a former
                                                                                                      [FR Doc. 2018–23762 Filed 10–30–18; 8:45 am]          supported within the South San Diego
                                              archery range property have been
                                                                                                                                                            Bay Unit.’’ One of the strategies
                                              removed from the preserve due to                        BILLING CODE 4333–15–P
                                                                                                                                                            identified to meet this goal is to restore
                                              landslide and legal constraints; and (3)
                                                                                                                                                            native habitats in the Otay River
                                              61.5 acres of Malaga Canyon have been
                                                                                                      DEPARTMENT OF THE INTERIOR                            floodplain and the salt ponds.
                                              purchased by the City of Rancho Palos
                                              Verdes and have been incorporated into                                                                           On September 29, 2010, the San Diego
                                                                                                      Fish and Wildlife Service                             NWR Complex and Poseidon Resources
                                              the preserve. The preserve in
                                              Alternative D totals 1,402.4 acres.                     [FWS–R8–R–2018–N122; FF08RSDC00–                      (Channelside) LP (Poseidon) entered
                                                                                                      190–F1611MD–FXRS12610800000]                          into a memorandum of understanding to
                                              Request for Comments                                                                                          establish a partnership to facilitate the
                                                Consistent with section 10(c) of the                  Otay River Estuary Restoration                        restoration of property within the San
                                              ESA, we invite your submission of                       Project, South San Diego Bay Unit of                  Diego Bay NWR, consistent with the
                                              written comments, data, or arguments                    the San Diego Bay National Wildlife                   CCP and Poseidon’s restoration
                                              with respect to the City of Rancho Palos                Refuge, California; Record of Decision                requirements from the California Coastal
                                              Verdes’ permit application, the City of                 AGENCY:   Fish and Wildlife Service,                  Commission (Commission) in an
                                              RPV NCCP/HCP, and proposed                              Interior.                                             approved coastal development permit
                                              permitting decision.                                                                                          (CDP No. E–06–013) related to the
                                                                                                      ACTION: Notice of availability; record of
                                                                                                                                                            construction and operation of a
                                              Public Availability of Comments                         decision.
                                                                                                                                                            desalination plant in Carlsbad,
                                                Written comments we receive become                                                                          California.
                                                                                                      SUMMARY:   We, the U.S. Fish and
                                              part of the public record associated with
                                                                                                      Wildlife Service (Service), announce the                 We published a notice of intent (NOI)
                                              this action. Before including your
                                                                                                      availability of the record of decision                to prepare an EIS for the Otay River
                                              address, phone number, email address,
                                                                                                      (ROD) for the San Diego Bay National                  Estuary Restoration Project on
                                              or other personal identifying
                                                                                                      Wildlife Refuge—Otay River Estuary                    November 14, 2011 (76 FR 70480),
                                              information in your comment, you
                                                                                                      Restoration Project final environmental               followed by a second NOI on January 8,
                                              should be aware that your entire
                                                                                                      impact statement (EIS). The ROD                       2013 (78 FR 1246), when the project was
                                              comment—including your personal
                                                                                                      explains that, of the three alternatives              expanded to include the restoration of
                                              identifying information—may be made
                                                                                                      examined in the final EIS, the chosen                 Pond 15. We published a notice of
                                              publicly available at any time. While
                                                                                                      alternative is the environmentally                    availability (NOA) of the draft EIS for
                                              you may request in your comment that
                                                                                                      preferred alternative.                                the project on October 21, 2016 (81 FR
                                              we withhold your personal identifying
                                                                                                      ADDRESSES: Document Availability: The                 72817), and an NOA of the final EIS on
                                              information from public review, we
                                                                                                      ROD is available at:                                  May 18, 2018 (83 FR 23289).
                                              cannot guarantee that we will be able to
                                              do so. All submissions from                                • Internet: https://www.fws.gov/                   Project
                                              organizations or businesses, and from                   refuge/San_Diego_Bay/what_we_do/
                                              individuals identifying themselves as                   Resource_Management/Otay_                               The project site is located at the south
                                              representatives or officials of                         Restoration.html.                                     end of San Diego Bay, San Diego
                                              organizations or businesses, will be                       • In Person:                                       County, California, within the South
                                              made available for public disclosure in                    o San Diego National Wildlife Refuge               San Diego Bay Unit of the San Diego
                                              their entirety.                                         Complex Headquarters, 1080                            Bay NWR. Restoration activities will
                                                                                                      Gunpowder Point Drive, Chula Vista,                   occur at two separate locations within
                                              Next Steps                                              CA 91910; telephone: 619–476–9150,                    the Refuge: The 34-acre Otay River
                                                 Issuance of an incidental take permit                extension 103.                                        Floodplain Site, located to the west of
                                              is a Federal proposed action subject to                 FOR FURTHER INFORMATION CONTACT:                      Interstate 5 between Main Street to the
                                              compliance with NEPA. We will                           Brian Collins, Refuge Manager, San                    north and Palm Avenue to the south in
amozie on DSK3GDR082PROD with NOTICES1




                                              evaluate the application, associated                    Diego Bay National Wildlife Refuge at                 the City of San Diego, and the 91-acre
                                              documents, and any public comments                      619–575–2704, extension 302                           Pond 15 Site, an active solar salt pond,
                                              we receive to determine whether the                     (telephone) or brian_collins@fws.gov                  located in the northeastern portion of
                                              application meets the requirements of                   (email); or Andy Yuen, Project Leader,                the Refuge to the northwest of the
                                              section 10(a) of the ESA. If we                         619–476–9150, extension 100                           intersection of Bay Boulevard and
                                              determine that those requirements are                   (telephone), or andy_yuen@fws.gov                     Palomar Street in the City of Chula
                                              met, we will issue a permit to the                      (email).                                              Vista.


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Document Created: 2018-10-31 00:33:01
Document Modified: 2018-10-31 00:33:01
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of availability; request for public comment.
DatesTo ensure consideration, please send your written comments by December 31, 2018.
ContactMary Beth Woulfe, 760-431-9440.
FR Citation83 FR 54769 

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