Notice2022-12002
Endangered and Threatened Species; Receipt of an Incidental Take Permit Application and Low-Effect Habitat Conservation Plan for the San Bernardino Kangaroo Rat; Blossom Trails (Tract 20090) Project, City of Highland, San Bernardino County, California
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 6, 2022
Issuing agencies
Interior DepartmentFish and Wildlife Service
Abstract
We, the U.S. Fish and Wildlife Service, have received an application for an incidental take permit to take the federally listed San Bernardino kangaroo rat under the Endangered Species Act (ESA). The permit application includes a proposed low-effect habitat conservation plan (HCP). In accordance with the requirements of the National Environmental Policy Act (NEPA), we have prepared a draft low-effect screening form supporting our preliminary determination that the proposed action qualifies as a categorical exclusion under NEPA. We are accepting comments on the permit application, proposed low-effect HCP, and draft NEPA compliance documentation.
Full Text
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<title>Federal Register, Volume 87 Issue 108 (Monday, June 6, 2022)</title>
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[Federal Register Volume 87, Number 108 (Monday, June 6, 2022)]
[Notices]
[Pages 34284-34285]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-12002]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS-R8-ES-2022-0050; FXES11140800000-223-FF08ECAR00]
Endangered and Threatened Species; Receipt of an Incidental Take
Permit Application and Low-Effect Habitat Conservation Plan for the San
Bernardino Kangaroo Rat; Blossom Trails (Tract 20090) Project, City of
Highland, San Bernardino County, California
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for comments.
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SUMMARY: We, the U.S. Fish and Wildlife Service, have received an
application for an incidental take permit to take the federally listed
San Bernardino kangaroo rat under the Endangered Species Act (ESA). The
permit application includes a proposed low-effect habitat conservation
plan (HCP). In accordance with the requirements of the National
Environmental Policy Act (NEPA), we have prepared a draft low-effect
screening form supporting our preliminary determination that the
proposed action qualifies as a categorical exclusion under NEPA. We are
accepting comments on the permit application, proposed low-effect HCP,
and draft NEPA compliance documentation.
DATES: To ensure consideration, please send your written comments on or
before July 6, 2022.
ADDRESSES:
Obtaining Documents: The documents this notice announces, as well
as any
[[Page 34285]]
comments and other materials that we receive, will be available for
public inspection online in Docket No. FWS-R8-ES-2022-0050 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Submitting Comments: You may submit comments by one of the
following methods:
<bullet> Online: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the
instructions for submitting comments on Docket No. FWS-R8-ES-2022-0050.
<bullet> U.S. mail: Public Comments Processing, Attn: Docket No.
FWS-R8-ES-2022-0050; U.S. Fish and Wildlife Service, 777 East Tahquitz
Canyon Way, Suite 208, Palm Springs, CA 92262.
We request that you send comments by only one of the methods
described above.
FOR FURTHER INFORMATION CONTACT: Ms. Karin Cleary-Rose, Division
Supervisor, Carlsbad Fish and Wildlife Office, 760-322-2070.
Individuals in the United States who are deaf, deafblind, hard of
hearing, or have a speech disability may dial 711 (TTY, TDD, or
TeleBraille) to access telecommunications relay services. Individuals
outside the United States should use the relay services offered within
their country to make international calls to the point-of-contact in
the United States.
SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service
(Service), received an application from Blossom Trails (Tract 20090)
Project Owner, S-P Deerfield, LLC (applicant), for an incidental take
permit under the Endangered Species Act of 1973, as amended (16 U.S.C.
1531 et seq.). The requested permit would authorize take of the
federally endangered San Bernardino kangaroo rat (Dipodomys merriami
parvus) incidental to grading, subdividing, and developing
approximately 137 single-family dwelling units and open space, a
recreational pool area, a water quality management plan basin, and a
public services and facilities plan on approximately 25.5 acres in San
Bernardino County, California.
The proposed project will impact an estimated 2.85 acres of habitat
occupied by at least four San Bernardino kangaroo rats. Although not
likely to support breeding of the species, an additional 19.15 acres of
disturbed designated critical habitat will also be permanently
impacted; however, of those additional acres of critical habitat, only
11.65 acres may support San Bernardino kangaroo rat foraging and
sheltering.
We are requesting comments on the permit application and on our
preliminary determination that the proposed HCP qualifies as a low-
effect HCP, eligible for a categorical exclusion under the National
Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 et seq.).
The basis for this determination is discussed in our draft NEPA
compliance documentation, which is also available for public review.
Project
The project area is located on a 25.5-acre site in the City of
Highland Hills in San Bernardino County, California. The applicant
requests a 5-year incidental take permit for take associated with
permanent impacts to 2.85 acres of occupied San Bernardino kangaroo rat
habitat and 11.65 acres of unoccupied San Bernardino kangaroo rat
habitat. The applicant proposes to mitigate impacts through the
conservation of 11.5 acres of San Bernardino kangaroo rat occupied sage
scrub habitat off site at the San Bernardino Valley Water Conservation
District property in San Bernardino County. The off-site mitigation
area provides higher quality habitat than that found on the project
site and will be conserved, managed, and monitored in perpetuity. In
addition, the off-site mitigation area is within designated San
Bernardino kangaroo rat critical habitat.
The applicant's proposed HCP also contains measures to minimize the
effects of construction activities on the San Bernardino kangaroo rat,
including the following:
<bullet> Erecting an exclusion fence around the project site to
exclude San Bernardino kangaroo rats;
<bullet> Providing a qualified biologist on site to ensure that San
Bernardino kangaroo rats will not be harmed during fence construction,
capture, and translocation activities; and
<bullet> Monitoring and reporting to the Service upon project
completion.
Our Preliminary Determination
The Service has made a preliminary determination that the project,
including grading, subdividing, construction, and the proposed
mitigation, would individually and cumulatively have a minor or
negligible effect on the San Bernardino kangaroo rat and the
environment. Therefore, we have preliminarily concluded that the HCP is
low effect and that the issuance of an incidental take permit for this
project would qualify for a categorical exclusion under our NEPA
regulations at 43 CFR 46.205 and 46.210.
A low-effect HCP is one that would result in:
<bullet> Minor or negligible effects on federally listed, proposed,
and candidate species and their habitats;
<bullet> Minor or negligible effects on other environmental values
or resources; and
<bullet> Impacts that, when considered together with the impacts of
other past, present, and reasonably foreseeable similarly situated
projects, would not over time result in significant cumulative effects
to environmental values or resources.
Next Steps
We will evaluate the proposed HCP and any comments received to
determine whether to issue the requested permit. We will also conduct
an intra-Service consultation pursuant to section 7 of the ESA to
evaluate the effects of the proposed take. After considering the above
findings, we will determine whether the permit issuance criteria of
section 10(a)(1)(B) of the ESA have been met. If met, we will issue the
permit to the applicant for incidental take of the San Bernardino
kangaroo rat.
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 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) (16 U.S.C. 1539 et seq.)
of the ESA and NEPA regulations at 40 CFR 1506.6.
Scott Sobiech,
Field Supervisor, Carlsbad Fish and Wildlife Office, Carlsbad,
California.
[FR Doc. 2022-12002 Filed 6-3-22; 8:45 am]
BILLING CODE 4333-15-P
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