Jump to main content.

Availability of an Environmental Assessment and Receipt of an Application for an Incidental Take Permit for the Railroad Canyon-Lake Elsinore Partnership Tract 20704 in the City of Lake Elsinore, Riverside County, California

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

 [Federal Register: January 31, 2000 (Volume 65, Number 20)]
[Notices]
[Page 4622-4623]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31ja00-44]

-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Availability of an Environmental Assessment and Receipt of an
Application for an Incidental Take Permit for the Railroad Canyon-Lake
Elsinore Partnership Tract 20704 in the City of Lake Elsinore,
Riverside County, California

AGENCY:  Fish and Wildlife Service, Interior.

ACTION:  Notice of Availability.

-----------------------------------------------------------------------

SUMMARY:  The partnership of Railroad Canyon-Lake Elsinore (the
Applicant) has applied to the Fish and Wildlife Service (Service) for
an Incidental Take Permit (Permit) pursuant to section 10(a)(1)(B) of
the Endangered Species Act of 1973, as amended (Act). The proposed
permit would authorize take of the coastal California gnatcatcher
(Polioptila californica californica) incidental to otherwise lawful
activities in the City of Lake Elsinore, Riverside County, California.
The proposed permit duration is 10 years.
    The application includes: (1) The proposed Habitat Conservation
Plan (Plan), which fully describes the proposed project and the
measures that the Applicant would undertake to minimize and mitigate
anticipated take of the California gnatcatcher, as required in Section
10(a)(2)(B) of the Act; and (2) the proposed Implementing Agreement.
Activities covered by the requested Permit and addressed by the
proposed Plan include the development of 120 undeveloped lots with
Riversidian coastal sage scrub for residential use. This project would
permanently eliminate 9.2 acres of suitable habitat for the California
gnatcatcher. The Service also announces the availability of an
Environmental Assessment for the permit application.
    This notice is provided pursuant to section 10(a) of the Act and
National Environmental Policy Act regulations (40 CFR 1506.6). The
Plan, Implementing Agreement, and the Environmental Assessment are
available for review and comment by other agencies and the public. All
comments received, including names and addresses, will become part of
the public record and will be available for review pursuant to section
10(c) of the Act.

DATES:  Written comments must be received no later than March 1, 2000.

ADDRESSES:  Written comments should be addressed to Mr. Jim Bartel,
Assistant Field Supervisor, Fish and Wildlife Service, 2730 Loker
Avenue West, Carlsbad, California 92008. Comments may also be sent by
facsimile to (760) 431-5902.

FOR FURTHER INFORMATION CONTACT:  Ms. Karin Cleary-Rose, Fish and
Wildlife Biologist, at the above address or call (760) 431-9440.

SUPPLEMENTARY INFORMATION:

Document Availability

    You may obtain copies of these documents by contacting the Carlsbad
Fish and Wildlife Office at the above address and telephone number.
Documents also will be available for public inspection, by appointment,
during normal business hours at the Carlsbad Fish and Wildlife Office
and at the Lake Elsinore City Library located at 600 W Graham Street,
Lake Elsinore.

Background

    Section 9 of the Act and Federal regulation prohibit the ``take''
of fish or wildlife species listed as endangered or threatened,
respectively. Take of listed fish or wildlife is defined under the Act
to mean harass, harm, pursue, hunt, shoot, wound, kill, trap, capture,
or collect, or to attempt to engage in any such conduct. However, the
Service, under limited circumstances, may issue permits to authorize
incidental take; i.e., take that is incidental to, and not the purpose
of, the carrying out of an otherwise lawful activity. Regulations
governing incidental take permits for threatened and endangered species
are found at 50 CFR 17.32 and 17.22, respectively.
    The Applicant has proposed one tract for development within the
Canyon Creek Specific Plan Area. The project site is located between
Interstate 15 and Canyon Lake, at the mouth of Railroad Canyon in the
City of Lake Elsinore, Riverside County, California. Typical land uses
in the area surrounding the project site include several residential
developments, one commercial center, and undeveloped coastal sage scrub
areas. The San Jacinto River is south of the project site and a 40-acre
Bureau of Land Management parcel is adjacent to the north side of the
project site. The Applicant proposes residential development of 120
homes on the project site.
    Biologists surveyed the project site for special-status plants and
wildlife in 1998. Based on these surveys and previous knowledge of the
area, the Service concluded that the project may result in the take of
one federally listed species, the threatened California gnatcatcher.
    The Applicant proposes to implement the following measures to
minimize and mitigate take of the California gnatcatcher: (1)
Constructing a masonry wall between the proposed residential lots and
adjacent Bureau of Land Management property with an additional barrier
placed between the edge of the subdivision and the main road to
minimize effects to adjacent California gnatcatcher populations; (2)
placing restrictions pertaining to pets and lighting in the lot titles
and using signs to educate the public and encourage protection of the
adjacent biological resources; (3) attaching an information packet
describing the biological values of adjacent coastal sage scrub areas
as part of the recorded deed for the proposed homes; (4) revegetating
5.79 acres onsite; and (5) mitigating the loss of 9.2 acres of
successional Riversidian coastal sage scrub habitat by purchasing 13.8
acres of good quality Riversidian coastal sage scrub in the Sedco Hills
Mitigation Bank within the Lake Mathews/Lake Skinner gnatcatcher
corridor in western Riverside County. The Applicant would endow the
management of the off-site mitigation area at a cost of $2,500/acre.
The mitigation site would be managed by The Environmental Trust.
    The Environmental Assessment considers the environmental
consequences of two alternatives in addition to the Proposed Project
Alternative. The Proposed Project Alternative consists of the issuance
of an incidental take permit and implementation of the Plan and its
Implementing Agreement, which include measures to minimize and mitigate
impacts of the project to the California gnatcatcher. Under the Reduced
Project Alternative, 18 lots would be dedicated as open space to form a
buffer between the subdivision and the Bureau of Land Management
parcel. As there would no longer be a potential for take by excluding
these lots from development, no mitigation or minimization measures
would be necessary. Under the No Action Alternative, the Service would
not issue a permit and the project area would continue to remain as
slowly recovering Riversidian coastal sage scrub habitat fragmented by
intrusions of existing paved streets. The two alternatives would result
in less habitat value for the California gnatcatcher than the off-site

[[Page 4623]]

mitigation proposed under the Proposed Project Alternative.
    This notice is provided pursuant to section 10(a) of the Act and
the National Environmental Policy Act of 1969 regulations (40 CFR
1506.6). The Service will evaluate the application, associated
documents, and comments submitted thereon to determine whether the
application meets the requirements of the National Environmental Policy
Act regulations and section 10(a) of the Act. If it is determined that
the requirements are met, a permit will be issued to the Applicant for
the incidental take of the California gnatcatcher. The final permit
decision will be made no sooner than 30 days from the date of this
notice.

    Dated: January 19, 2000.
Daniel S. Walsworth,
Acting Deputy Manager, California/Nevada Operations Office, Fish and
Wildlife Service, Sacramento, California.
[FR Doc. 00-1923 Filed 1-28-00; 8:45 am]
BILLING CODE 4310-55-P

 
 

Local Navigation

Jump to main content.