[Federal Register Volume 87, Number 108 (Monday, June 6, 2022)]
[Notices]
[Pages 34284-34285]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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 https://www.regulations.gov.
    Submitting Comments: You may submit comments by one of the 
following methods:
    <bullet> Online: https://www.regulations.gov. 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]
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