83_FR_7249 83 FR 7215 - Notice of Availability; City of San Diego Vernal Pool Habitat Conservation Plan and Final Environmental Impact Report/Statement; San Diego County, California

83 FR 7215 - Notice of Availability; City of San Diego Vernal Pool Habitat Conservation Plan and Final Environmental Impact Report/Statement; San Diego County, California

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 83, Issue 34 (February 20, 2018)

Page Range7215-7216
FR Document2018-03315

The City of San Diego (applicant) has applied to the U.S. Fish and Wildlife Service (Service) for an incidental take permit under section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The Applicant is requesting a permit to incidentally take 2 animal species and seeking assurances for 5 plant species (all are federally listed species) during the term of the proposed 30-year permit. The permit is needed to authorize take of listed animal species (including harm, death, and injury) resulting from covered activities. The proposed Vernal Pool Habitat Conservation Plan (VPHCP) plan area encompasses 206,124 acres in the southwestern portion of San Diego County within the State of California. Pursuant to the National Environmental Policy Act (NEPA), we advise the public of the availability of the final Environmental Impact Report (EIR)/Environmental Impact Statement (EIS) analyzing the impacts of issuing an incidental take permit based on the City's proposed VPHCP. The EIR portion of the joint document was prepared by the City in compliance with the California Environmental Quality Act (CEQA).

Federal Register, Volume 83 Issue 34 (Tuesday, February 20, 2018) 
[Federal Register Volume 83, Number 34 (Tuesday, February 20, 2018)]
[Notices]
[Pages 7215-7216]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-03315]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-RX-ES-2017-N167]; [FXES11140800000-178-FF08E00000]


Notice of Availability; City of San Diego Vernal Pool Habitat 
Conservation Plan and Final Environmental Impact Report/Statement; San 
Diego County, California

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability of final environmental impact report/
environmental impact statement and habitat conservation plan.

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SUMMARY: The City of San Diego (applicant) has applied to the U.S. Fish 
and Wildlife Service (Service) for an incidental take permit under 
section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended 
(Act). The Applicant is requesting a permit to incidentally take 2 
animal species and seeking assurances for 5 plant species (all are 
federally listed species) during the term of the proposed 30-year 
permit. The permit is needed to authorize take of listed animal species 
(including harm, death, and injury) resulting from covered activities. 
The proposed Vernal Pool Habitat Conservation Plan (VPHCP) plan area 
encompasses 206,124 acres in the southwestern portion of San Diego 
County within the State of California.
    Pursuant to the National Environmental Policy Act (NEPA), we advise 
the public of the availability of the final Environmental Impact Report 
(EIR)/Environmental Impact Statement (EIS) analyzing the impacts of 
issuing an incidental take permit based on the City's proposed VPHCP. 
The EIR portion of the joint document was prepared by the City in 
compliance with the California Environmental Quality Act (CEQA).

DATES: A record of decision will be signed no sooner than 30 days after 
the publication of the Environmental Protection Agency (EPA) notice of 
the final EIS in the Federal Register. We must receive any comments by 
5 p.m. on March 22, 2018.

ADDRESSES: Please send written comments to Mr. Mendel Stewart, Field 
Supervisor, U.S. Fish and Wildlife Service, Carlsbad Fish and Wildlife 
Office, 2177 Salk Avenue, Suite 250, Carlsbad, California 92008. You 
may also submit comments by facsimile to (760) 431-5901.
    Information and comments related specifically to the final EIR and 
the California Environmental Quality Act should be submitted to Myra 
Herrmann, Senior Environmental Planner, City of San Diego Planning 
Department, 1010 Second Avenue, East Tower, Suite 1200, MS 413, San 
Diego, CA 92101. You may also submit comments by email to 
[email protected].

FOR FURTHER INFORMATION CONTACT: G. Mendel Stewart, U.S. Fish and 
Wildlife Service, 2177 Salk Avenue, Suite 250, Carlsbad, California 
92008; or by phone at (760) 431-9440.

SUPPLEMENTARY INFORMATION:

Availability of Documents

    Documents available for public review include the final EIR/EIS 
with response to public comments received on the draft EIR/EIS, VPHCP, 
and the Implementing Agreement.
     For copies of the documents, please contact the Service by 
telephone at (760) 431-9440, or by letter to the Carlsbad Fish and 
Wildlife Office (see FOR FURTHER INFORMATION CONTACT). Copies of the 
final EIR/EIS, VPHCP also are available for public review, by 
appointment, during regular business hours, at the Carlsbad Fish and 
Wildlife Office or at the City of San Diego. Copies are also on the 
City's website at https://www.sandiego.gov/planning/programs/mscp/vphcp.

Background

    Section 9 of the Endangered Species Act of 1973, as amended (Act; 
16 U.S.C. 1531 et seq.), and Federal regulations prohibit the ``take'' 
of fish and wildlife species federally listed as endangered or 
threatened. Take of federally listed fish or wildlife is defined under 
the Act as to harass, harm, pursue, hunt, shoot, wound, kill, trap, 
capture, or collect listed species, or attempt to engage in such 
conduct (16 U.S.C. 1538). ``Harm'' includes significant habitat 
modification or degradation that actually kills or injures listed 
wildlife by significantly impairing essential behavioral patterns, 
including breeding, feeding, and sheltering (50 CFR 17.3). Under 
limited circumstances, we may issue permits to authorize incidental 
take, which is defined under the Act as take that is incidental to, and 
not the purpose of, otherwise lawful activities. ``Take'' under the ESA 
does not apply to plant species, and is therefore not prohibited under 
the ESA; however, the plant species identified in the VPHCP are listed 
on the Federal Permit as Covered Species in recognition of the 
conservation measures provided for them under the Plan and receive ``No 
Surprises'' regulatory assurances under the Federal Permit.
    The Applicant seeks incidental take authorization for 2 animal 
species and assurances for 5 plant species. Collectively the 7 listed 
species are referred to as ``Covered Species'' by the VPHCP and include 
2 crustaceans and 5 plant species (all listed). The permit would 
provide take authorization for both animal species and assurances for 
all plant species identified by the VPHCP as ``Covered Species.'' Take 
authorized for listed covered animal species would be effective upon 
permit issuance.
    The proposed permit would include the following 2 federally listed 
animal species: San Diego fairy shrimp (Branchinecta sandiegonensis; 
endangered) and Riverside fairy shrimp (Streptocephalus woottoni; 
endangered). The proposed permit would include assurances for the 
following 5 plant species included in the VPHCP: Otay Mesa mint 
(Pogogyne nudiuscula; endangered), San Diego mesa mint (Pogogyne 
abramsii; endangered), spreading navarretia (Navarretia fossalis; 
threatened), San Diego button-celery (Eryngium aristulatum var. 
parishii; endangered), and California Orcutt grass (Orcuttia 
californica; endangered).
    The VPHCP Plan Area encompasses 206,124 acres and is intended to 
protect and sustain viable populations of native plant and animal 
species and their habitats in perpetuity through avoidance, 
minimization, and mitigation measures. It includes measures necessary 
to minimize and mitigate the impacts, to the maximum extent 
practicable, of potential proposed taking of federally listed species 
to be covered by the VPHCP, and the habitats upon which they depend, 
resulting from residential, commercial, and other development 
activities within the proposed plan area. The covered activities under 
the VPHCP are expected to include residential, commercial, and 
industrial development; airport operation; road and utility maintenance 
and construction; trail use; and vernal pool restoration and 
enhancement.
    The VPHCP is a conservation plan for vernal pools and seven 
threatened and endangered vernal pool species that do not currently 
have federal coverage under the section 10(a)(1)(B) permit

[[Page 7216]]

issued to the City of San Diego in association with its Multiple 
Species Conservation Program Subarea Plan (MSCP SAP). The VPHCP would 
be compatible with, and would expand upon, the City's existing MSCP SAP 
by adding approximately 275 acres of additional lands with vernal pools 
that are occupied with threatened and endangered vernal pool species. 
The VPHCP would conserve an additional 8 vernal pool complexes and 
additional 226 pools (approximately 9% more), totaling 2.8 acres of 
basin area, over what is currently conserved. Once adopted, vernal pool 
lands would be subject to the provisions of the VPHCP, in addition to 
the City's MSCP SAP and other existing land use and biological resource 
plans, policies, and regulations.

National Environmental Policy Act Compliance

    The EIR/EIS analyzes two alternatives in addition to the proposed 
action (i.e., permit issuance based on the VPHCP) described above. The 
other alternatives include a no-action (i.e., no permit) alternative 
and an expanded conservation alternative.
    The final EIR/EIS includes all comments we received on the draft 
EIR/EIS and our response to those comments. After the 30 day waiting 
period, we will complete a Record of Decision that announces our 
decision on the action that will be implemented and discusses all 
factors leading to the decision.

Public Review

    Copies of the final EIR/EIS and the VPHCP are available for review 
(see Availability of Documents). Any comments we receive will become 
part of the administrative record and may be available to the public. 
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 
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.

    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 NEPA (42 U.S.C. 4321 et seq.) and its implementing 
regulations (40 CFR 1506.6).

Michael Senn,
Acting Assistant Regional Director, Pacific Southwest Region, 
Sacramento, California.
[FR Doc. 2018-03315 Filed 2-16-18; 8:45 am]
BILLING CODE 4333-15-P

Federal Register / Vol. 83, No. 34 / Tuesday, February 20, 2018 / Notices 7215 Authority ADDRESSES: Please send written under the ESA does not apply to plant We provide this notice under section comments to Mr. Mendel Stewart, Field species, and is therefore not prohibited 10(c) of the Act. Supervisor, U.S. Fish and Wildlife under the ESA; however, the plant Service, Carlsbad Fish and Wildlife species identified in the VPHCP are Leopoldo Miranda, Office, 2177 Salk Avenue, Suite 250, listed on the Federal Permit as Covered Assistant Regional Director, Ecological Carlsbad, California 92008. You may Species in recognition of the Services, Southeast Region. also submit comments by facsimile to conservation measures provided for [FR Doc. 2018–03302 Filed 2–16–18; 8:45 am] (760) 431–5901. them under the Plan and receive ‘‘No BILLING CODE 4333–15–P Information and comments related Surprises’’ regulatory assurances under specifically to the final EIR and the the Federal Permit. California Environmental Quality Act The Applicant seeks incidental take DEPARTMENT OF THE INTERIOR should be submitted to Myra Herrmann, authorization for 2 animal species and Senior Environmental Planner, City of assurances for 5 plant species. Fish and Wildlife Service San Diego Planning Department, 1010 Collectively the 7 listed species are [FWS–RX–ES–2017–N167]; Second Avenue, East Tower, Suite 1200, referred to as ‘‘Covered Species’’ by the [FXES11140800000–178–FF08E00000] MS 413, San Diego, CA 92101. You may VPHCP and include 2 crustaceans and also submit comments by email to 5 plant species (all listed). The permit Notice of Availability; City of San PlanningCEQA@sandiego.gov. would provide take authorization for Diego Vernal Pool Habitat both animal species and assurances for FOR FURTHER INFORMATION CONTACT: G. Conservation Plan and Final all plant species identified by the Mendel Stewart, U.S. Fish and Wildlife Environmental Impact Report/ VPHCP as ‘‘Covered Species.’’ Take Service, 2177 Salk Avenue, Suite 250, Statement; San Diego County, authorized for listed covered animal Carlsbad, California 92008; or by phone California species would be effective upon permit at (760) 431–9440. issuance. AGENCY: Fish and Wildlife Service, SUPPLEMENTARY INFORMATION: The proposed permit would include Interior. the following 2 federally listed animal Availability of Documents ACTION: Notice of availability of final species: San Diego fairy shrimp environmental impact report/ Documents available for public (Branchinecta sandiegonensis; environmental impact statement and review include the final EIR/EIS with endangered) and Riverside fairy shrimp habitat conservation plan. response to public comments received (Streptocephalus woottoni; endangered). on the draft EIR/EIS, VPHCP, and the The proposed permit would include SUMMARY: The City of San Diego Implementing Agreement. assurances for the following 5 plant (applicant) has applied to the U.S. Fish • For copies of the documents, please species included in the VPHCP: Otay and Wildlife Service (Service) for an contact the Service by telephone at (760) Mesa mint (Pogogyne nudiuscula; incidental take permit under section 431–9440, or by letter to the Carlsbad endangered), San Diego mesa mint 10(a)(1)(B) of the Endangered Species Fish and Wildlife Office (see FOR (Pogogyne abramsii; endangered), Act of 1973, as amended (Act). The FURTHER INFORMATION CONTACT). Copies spreading navarretia (Navarretia Applicant is requesting a permit to of the final EIR/EIS, VPHCP also are fossalis; threatened), San Diego button- incidentally take 2 animal species and available for public review, by celery (Eryngium aristulatum var. seeking assurances for 5 plant species appointment, during regular business parishii; endangered), and California (all are federally listed species) during hours, at the Carlsbad Fish and Wildlife Orcutt grass (Orcuttia californica; the term of the proposed 30-year permit. Office or at the City of San Diego. endangered). The permit is needed to authorize take Copies are also on the City’s website at The VPHCP Plan Area encompasses of listed animal species (including https://www.sandiego.gov/planning/ 206,124 acres and is intended to protect harm, death, and injury) resulting from programs/mscp/vphcp. and sustain viable populations of native covered activities. The proposed Vernal plant and animal species and their Pool Habitat Conservation Plan (VPHCP) Background habitats in perpetuity through plan area encompasses 206,124 acres in Section 9 of the Endangered Species avoidance, minimization, and the southwestern portion of San Diego Act of 1973, as amended (Act; 16 U.S.C. mitigation measures. It includes County within the State of California. 1531 et seq.), and Federal regulations measures necessary to minimize and Pursuant to the National prohibit the ‘‘take’’ of fish and wildlife mitigate the impacts, to the maximum Environmental Policy Act (NEPA), we species federally listed as endangered or extent practicable, of potential proposed advise the public of the availability of threatened. Take of federally listed fish taking of federally listed species to be the final Environmental Impact Report or wildlife is defined under the Act as covered by the VPHCP, and the habitats (EIR)/Environmental Impact Statement to harass, harm, pursue, hunt, shoot, upon which they depend, resulting from (EIS) analyzing the impacts of issuing an wound, kill, trap, capture, or collect residential, commercial, and other incidental take permit based on the listed species, or attempt to engage in development activities within the City’s proposed VPHCP. The EIR such conduct (16 U.S.C. 1538). ‘‘Harm’’ proposed plan area. The covered portion of the joint document was includes significant habitat modification activities under the VPHCP are expected prepared by the City in compliance with or degradation that actually kills or to include residential, commercial, and the California Environmental Quality injures listed wildlife by significantly industrial development; airport Act (CEQA). impairing essential behavioral patterns, sradovich on DSK3GMQ082PROD with NOTICES operation; road and utility maintenance DATES: A record of decision will be including breeding, feeding, and and construction; trail use; and vernal signed no sooner than 30 days after the sheltering (50 CFR 17.3). Under limited pool restoration and enhancement. publication of the Environmental circumstances, we may issue permits to The VPHCP is a conservation plan for Protection Agency (EPA) notice of the authorize incidental take, which is vernal pools and seven threatened and final EIS in the Federal Register. We defined under the Act as take that is endangered vernal pool species that do must receive any comments by 5 p.m. incidental to, and not the purpose of, not currently have federal coverage on March 22, 2018. otherwise lawful activities. ‘‘Take’’ under the section 10(a)(1)(B) permit VerDate Sep<11>2014 17:55 Feb 16, 2018 Jkt 244001 PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 E:\FR\FM\20FEN1.SGM 20FEN1

7216 Federal Register / Vol. 83, No. 34 / Tuesday, February 20, 2018 / Notices issued to the City of San Diego in and its implementing regulations (40 CFR cannot guarantee that we will be able to association with its Multiple Species 1506.6). do so. Conservation Program Subarea Plan Michael Senn, Authority: 5 U.S.C. Appendix 2; 42 U.S.C. (MSCP SAP). The VPHCP would be Acting Assistant Regional Director, Pacific 7709. compatible with, and would expand Southwest Region, Sacramento, California. William Leith, upon, the City’s existing MSCP SAP by [FR Doc. 2018–03315 Filed 2–16–18; 8:45 am] Senior Science Advisor for Earthquake and adding approximately 275 acres of BILLING CODE 4333–15–P Geologic Hazards. additional lands with vernal pools that [FR Doc. 2018–03286 Filed 2–16–18; 8:45 am] are occupied with threatened and BILLING CODE 4338–11–P endangered vernal pool species. The DEPARTMENT OF THE INTERIOR VPHCP would conserve an additional 8 vernal pool complexes and additional Geological Survey DEPARTMENT OF THE INTERIOR 226 pools (approximately 9% more), [GX18GG00995TR00] totaling 2.8 acres of basin area, over Geological Survey what is currently conserved. Once Notice of Public Meeting of Scientific adopted, vernal pool lands would be National Geospatial Advisory Earthquake Studies Advisory subject to the provisions of the VPHCP, Committee Committee in addition to the City’s MSCP SAP and AGENCY: U.S. Geological Survey, other existing land use and biological AGENCY: U.S. Geological Survey, Interior. resource plans, policies, and Interior. ACTION: Notice of renewal of National regulations. ACTION: Notice. Geospatial Advisory Committee. National Environmental Policy Act SUMMARY: In accordance with the SUMMARY: In accordance with the Compliance Federal Advisory Committee Act, and Federal Advisory Committee Act of the Earthquake Hazards Reduction 1972, notice is hereby given that the The EIR/EIS analyzes two alternatives Authorization Act of 1977, the Scientific Secretary of the Interior has renewed the in addition to the proposed action (i.e., Earthquake Studies Advisory Committee National Geospatial Advisory permit issuance based on the VPHCP) (SESAC) will meet as indicated below. Committee (Committee). described above. The other alternatives DATES: The SESAC will hold public DATES: Comments regarding the renewal include a no-action (i.e., no permit) meetings on March 5–6, 2018. On March of this Committee must be submitted alternative and an expanded 5, 2018, the SESAC will meet from 9:00 not later than March 7, 2018. conservation alternative. a.m. to 5:00 p.m. and on March 6, 2018, ADDRESSES: John Mahoney, U.S. The final EIR/EIS includes all from 9:00 a.m. to 2:30 p.m. Geological Survey, 900 First Avenue, comments we received on the draft EIR/ ADDRESSES: The SESAC meeting will be Suite 800, Seattle, WA 98104. EIS and our response to those held at the Caltech Avery Library, 370 FOR FURTHER INFORMATION CONTACT: John comments. After the 30 day waiting Holliston Avenue, Pasadena, California. Mahoney, U.S. Geological Survey; period, we will complete a Record of FOR FURTHER INFORMATION CONTACT: phone: 206–220–4621; email: Decision that announces our decision Questions should be directed to Dr. jmahoney@usgs.gov. on the action that will be implemented William Leith, U.S. Geological Survey, SUPPLEMENTARY INFORMATION: The and discusses all factors leading to the 12201 Sunrise Valley Drive, MS 905, Committee provides advice and decision. Reston, Virginia 20192. Dr. Leith can be recommendations to the Federal reached by calling (703) 648–6712 or via Geographic Data Committee (FGDC), Public Review email at wleith@usgs.gov. through the FGDC Chair (the Secretary Copies of the final EIR/EIS and the SUPPLEMENTARY INFORMATION: The of the Interior or designee), related to VPHCP are available for review (see SESAC advises the Director of the U.S. the management of Federal geospatial Availability of Documents). Any Geological Survey (USGS) on matters programs, the development of the comments we receive will become part relating to the USGS’s participation in National Spatial Data Infrastructure of the administrative record and may be the National Earthquake Hazards (NSDI), and the implementation of available to the public. Before including Reduction Program. The Committee is Office of Management and Budget your address, phone number, email comprised of members from academia, (OMB) Circular A–16 and Executive address, or other personal identifying industry, and State government. In this Order 12906. The Committee will meeting, the Committee will review the review and comment upon geospatial information in your comment, you current activities of the USGS policy and management issues and will should be aware that your entire Earthquake Hazards Program and provide a forum to convey views comment, including your personal discuss future priorities. All meetings representative of non-Federal partners identifying information, may be made are open to the public. in the geospatial community. publicly available at any time. While Public Disclosure: Before including Public Availability of Comments: you may ask us in your comment to your address, phone number, email Before including your address, phone withhold your personal identifying address, or other personal identifying number, email address, or other information from public review, we information in your comment, you personal identifying information in your sradovich on DSK3GMQ082PROD with NOTICES cannot guarantee that we will be able to should be aware that your entire comments, you should be aware that do so. comment—including your personal your entire comment—including your Authority: We provide this notice under identifying information—may be made personal identifying information—may section 10(c) of the ESA (16 U.S.C. 1531 et publicly available at any time. While be made publicly available at any time. seq.) and its implementing regulations (50 you can ask us in your comment to While you can ask us in your comment CFR 17.22) and NEPA (42 U.S.C. 4321 et seq.) withhold your personal identifying to withhold your personal identifying information from public review, we information from public review, we VerDate Sep<11>2014 17:55 Feb 16, 2018 Jkt 244001 PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 E:\FR\FM\20FEN1.SGM 20FEN1


Document Created: 2018-02-17 02:29:44
Document Modified: 2018-02-17 02:29:44
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 of final environmental impact report/ environmental impact statement and habitat conservation plan.
DatesA record of decision will be signed no sooner than 30 days after the publication of the Environmental Protection Agency (EPA) notice of the final EIS in the Federal Register. We must receive any comments by 5 p.m. on March 22, 2018.
ContactG. Mendel Stewart, U.S. Fish and Wildlife Service, 2177 Salk Avenue, Suite 250, Carlsbad, California 92008; or by phone at (760) 431-9440.
FR Citation83 FR 7215 
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