Notice2026-01929
Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for Quail Meadows Apartments Project, City of Encinitas, CA; Categorical Exclusion
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
February 2, 2026
Issuing agencies
Interior DepartmentFish and Wildlife Service
Abstract
We, the Fish and Wildlife Service (Service), announce receipt of an application from Quail Meadows Properties, LLC (applicant) for an incidental take permit (ITP) under the Endangered Species Act. The applicant requests the ITP to take the federally threatened coastal California gnatcatcher incidental to construction of the Quail Meadows Apartments Project, in the City of Encinitas, San Diego County, California. We request public comment on the application, which includes the applicant's proposed habitat conservation plan, and the Service's preliminary determination that the proposed permitting action may be eligible for a categorical exclusion pursuant to the National Environmental Policy Act (NEPA), Department of the Interior's (DOI) NEPA regulations, and the DOI Departmental Manual. To make this preliminary determination, we prepared a joint draft environmental action statement and low-effect screening form, which is also available for public review. We invite comment from the public and local, State, Tribal, and Federal agencies.
Full Text
<html>
<head>
<title>Federal Register, Volume 91 Issue 21 (Monday, February 2, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 21 (Monday, February 2, 2026)]
[Notices]
[Pages 4593-4595]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-01929]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS-R8-ES-2025-0070; FXES11140800000-256-FF08ECAR00]
Receipt of Incidental Take Permit Application and Proposed
Habitat Conservation Plan for Quail Meadows Apartments Project, City of
Encinitas, CA; Categorical Exclusion
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for comments.
-----------------------------------------------------------------------
SUMMARY: We, the Fish and Wildlife Service (Service), announce receipt
of an application from Quail Meadows Properties, LLC (applicant) for an
incidental take permit (ITP) under the Endangered Species Act. The
applicant requests the ITP to take the federally threatened coastal
California gnatcatcher incidental to construction of the Quail Meadows
Apartments Project, in the City of Encinitas, San Diego County,
California. We request public comment on the application, which
includes the applicant's proposed habitat conservation plan, and the
Service's preliminary determination that the proposed permitting action
may be eligible for a categorical exclusion pursuant to the National
Environmental Policy Act (NEPA), Department of the Interior's (DOI)
NEPA regulations, and the DOI Departmental Manual. To make this
preliminary determination, we prepared a joint draft environmental
action statement and low-effect screening form, which is also available
for public review. We invite comment from the public and local, State,
Tribal, and Federal agencies.
DATES: We must receive your written comments on or before March 4,
2026.
ADDRESSES:
Obtaining Documents: You may obtain copies of the documents this
notice announces, along with any comments and other materials that we
receive, online in Docket No. FWS-R8-ES-2025-0070 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Submitting Comments: If you wish to submit comments, you may do so
in writing 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-2025-0070.
<bullet> Email: <a href="/cdn-cgi/l/email-protection#680e1f500b0e1f070b0705050d061c1b280e1f1b460f071e"><span class="__cf_email__" data-cfemail="402637782326372f232f2d2d252e3433002637336e272f36">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: Mr. Jonathan Snyder, Assistant Field
Supervisor, Carlsbad Fish and Wildlife Office,
<a href="/cdn-cgi/l/email-protection#69030607081d010807360d361a07100d0c1b290f1e1a470e061f"><span class="__cf_email__" data-cfemail="fc9693929d88949d92a398a38f928598998ebc9a8b8fd29b938a">[email protected]</span></a> (email) or 760-431-9440 extension 307
(telephone). Individuals in the United States who are deaf, blind, 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), have received an application from Quail Meadows Properties,
LLC (applicant) for a 10-year incidental take permit (ITP) for one
covered species pursuant to section 10(a)(1)(B) of the Endangered
Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.). The
application addresses the potential ``take'' of the threatened coastal
California gnatcatcher (Polioptila californica californica;
gnatcatcher) associated with the construction of the Quail Meadows
Apartments project, in the City of Encinitas, San Diego County,
California. We request public comment on the application, which
includes the applicant's habitat conservation plan (HCP), and on the
Service's preliminary determination that this proposed ITP qualifies as
``low effect,'' and may qualify for a categorical exclusion pursuant to
the Department of the Interior's (DOI) NEPA regulations (43 CFR 46),
and the DOI's Departmental Manual (516 DM Appendix 2 8.5(C)(2)). To
make this preliminary determination, we prepared a joint draft
environmental action statement and low-effect screening form, which is
also available for public review.
Background
The Service listed the gnatcatcher as threatened on March 30, 1993
(58 FR 16742) and published a revised final rule designating critical
habitat on December 19, 2007 (72 FR 72010). Section 9 of the ESA
prohibits take of fish and wildlife species listed as endangered (16
U.S.C. 1538). Under the ESA, ``take'' is defined to include the
following activities: ``to harass, harm, pursue, hunt, shoot, wound,
kill, trap, capture, or collect, or to attempt to engage in any such
conduct'' (16 U.S.C. 1532). Section 4(d) of the ESA allows the
Secretary to extend protections for endangered species to those listed
as threatened. Under section 10(a)(1)(B) of the ESA (16 U.S.C.
1539(a)(1)(B)), we may issue permits to authorize take of listed fish
and wildlife species that is incidental to, and not the purpose of,
carrying out an otherwise lawful
[[Page 4594]]
activity. Regulations governing incidental take permits for threatened
species are in the Code of Federal Regulations (CFR) at 50 CFR 17.32.
Issuance of an ITP also must not jeopardize the existence of federally
listed fish, wildlife, or plant species, pursuant to section 7 of the
ESA and 50 CFR 402.02. The permittee would receive assurances under our
``No Surprises'' regulations (50 CFR 17.32(b)(5)).
Proposed Project
The proposed 11.96-acre (ac) project site is an undeveloped
property along Quail Gardens Drive, north of Encinitas Boulevard, that
was formerly a greenhouse operation in the City of Encinitas, in San
Diego County, California. The proposed Quail Meadows Apartments project
includes the construction of 448 residential units spread across two
five-story apartment buildings, a two-story fitness building/clubhouse,
and 3.31 ac of land set aside as a biological open space preserve in
the City of Encinitas, California. The applicant requests a 10-year ITP
under section 10(a)(1)(B) of the ESA. If we approve the permit, the
applicant anticipates taking gnatcatcher resulting from impacts to 8.22
ac, including about 0.54 ac of native coastal sage scrub vegetation
that this species uses for breeding, feeding, and sheltering. The take
would be incidental to the applicant's activities associated with the
construction of the Quail Meadows Apartments project.
The applicant's proposed HCP contains measures to minimize the
effects of construction activities on the gnatcatcher. During
construction, a Service-approved biological monitor will be present to
ensure avoidance and minimization measures are understood by the
contractors and implemented as anticipated. Impacts to preserved
vegetation adjacent to the project footprint will be avoided by
surveying, staking, and fencing the limits of proposed impacts and
controlling erosion, sedimentation, and pollution within the footprint
of impacts. Vegetation removal will occur outside the breeding season
to avoid active nests, and impacts to productivity will be minimized by
limiting construction within 500 feet of an active nest.
The applicant proposes to increase the quality and extent of
habitat for the gnatcatcher that occurs within and adjacent to the
project area by restoring 2.93 ac of non-native grassland to coastal
sage scrub, enhancing/preserving 0.38 ac of coastal sage scrub, and
preserving 0.07 ac of wetland in a 3.31-ac on-site preserve. Further,
the preserve will be located across the street from the San Diego
Botanic Gardens, which offers additional foraging and nesting habitat
for gnatcatchers. In total, 3.31 ac of coastal sage scrub habitat for
the coastal California gnatcatcher will be conserved through a
biological conservation easement, with funding secured in a non-wasting
endowment account, to ensure management and monitoring in perpetuity.
Physical conditions of the on-site preserve will be maintained for
the benefit of gnatcatchers and their habitat through appropriate
access controls, trash removal, and related measures. A rarely used
0.07-ac utility easement adjacent to the preserve will be planted with
native coastal sage scrub species to increase gnatcatcher foraging and
nesting habitat and reduce potential for non-native vegetation invasion
into the preserve. Development landscaping will exclude invasive plant
species as well as plants that require intensive irrigation,
fertilizers, or pesticides adjacent to preserve areas. Water runoff
from landscaped areas will be directed away from the biological
conservation easement area and contained and/or treated within the
stormwater management facilities identified in project plans. Lighting
will be selectively placed, shielded, and directed away from the on-
site preserve. In addition, lighting from homes abutting the preserve
will be screened with vegetation, and spotlight-type lighting will be
prohibited. Permanent fencing will prohibit access to the on-site
preserve by homeowners and their pets, especially cats, and no-
trespassing signs will be posted at likely points of entry.
Proposed Action and Alternatives
The proposed action consists of the issuance of an incidental take
permit and implementation of the proposed HCP, which includes measures
to avoid, minimize, and mitigate impacts to the gnatcatcher. To comply
with the requirements for an HCP under ESA section 10(a), alternatives
to the project and the incidental take of gnatcatcher were evaluated.
Under the No Action Alternative, the project would not be constructed,
and no ITP would be issued. The property owner (applicant) would have
no use of the privately owned property. Under the Total Sage Scrub
Avoidance Alternative, the 0.99 ac of coastal sage scrub gnatcatcher
habitat onsite would be avoided. The gnatcatcher habitat is composed of
17 small and fragmented patches of native vegetation scattered
throughout the site, ranging in size from 0.001 ac to 0.25 ac.
Therefore, the total avoidance of habitat would also prevent any
reasonable economic use of the site. With implementation of the
project, the development would be situated in the southern portion of
the project site and a 3.31-ac preserve would be established in the
northern portion of the project site. A previous project iteration
would have developed 11.6 ac of the 11.96-ac project site and only
included a 0.33-ac preserve. Therefore, the project is the most
biologically conservative feasible configuration for development on the
project site.
Our Preliminary Determination
The Service has made a preliminary determination that the
applicant's proposed project would individually and cumulatively have a
minor effect on the gnatcatcher and the human environment. Therefore,
we have preliminarily determined that the proposed ESA section
10(a)(1)(B) ITP would be a ``low-effect'' ITP that individually or
cumulatively would have a minor or negligible effect on the species and
may qualify for application of a categorical exclusion pursuant to
DOI's NEPA regulations and the DOI Departmental Manual.
Next Steps
The Service will evaluate the application and comments received to
determine whether to issue the requested ITP. 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 preceding and
other matters, we will determine whether the permit issuance criteria
of section 10(a)(1)(B) of the ESA have been met. If met, the Service
will issue the permit to the applicant for incidental take of the
gnatcatcher.
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 of the Endangered Species
Act (16 U.S.C. 1531 et seq.) and its implementing regulations (50 CFR
17.22 and 17.32) and the National Environmental Policy Act (42 U.S.C.
[[Page 4595]]
4321 et seq.) and its implementing regulations (43 CFR 46).
Jonathan Snyder,
Acting Field Supervisor, Carlsbad Fish and Wildlife Office, Carlsbad,
California.
[FR Doc. 2026-01929 Filed 1-30-26; 8:45 am]
BILLING CODE 4333-15-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on February 2, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.