[Federal Register: November 13, 2006 (Volume 71, Number 218)]
[Notices]
[Page 66188-66191]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13no06-62]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Notice of Availability of a Final Environmental Impact Statement
for the Orange County Southern Subregion Natural Community Conservation
Plan/Habitat Conservation Plan, Orange County, CA
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability.
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SUMMARY: This notice announces the availability of the final
Environmental Impact Statement (EIS) prepared pursuant to the National
Environmental Policy Act (NEPA) for the Orange County Southern
Subregion Natural Community Conservation Plan/Habitat Conservation Plan
(Plan), for public review and comment. The Fish and Wildlife Service
(Service) is considering the proposed action of issuing three 75-year
incidental take permits, pursuant to section 10(a)(1)(B) of the Federal
Endangered Species Act of 1973, as amended (ESA), for 32 species in
response to receipt of applications from the County of Orange (County),
Rancho Mission Viejo, LLC (RMV) and Santa
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Margarita Water District (SMWD) (Applicants). The proposed permits
would authorize take of individual members of animal species listed
under the ESA. The permits are needed because take of species could
occur during proposed urban development activities and associated
infrastructure on Rancho Mission Viejo, expansion of the Prima Deshecha
Landfill, the extension of Avenida La Pata, maintenance and operation
of Santa Margarita Water District facilities, and reserve management
activities within an approximately 132,000-acre Plan Area in southern
Orange County, California.
The Orange County Southern Subregion Habitat Conservation Plan also
serves as a proposed Natural Community Conservation Plan under the
State of California's Natural Community Conservation Planning Act
(NCCPA). The EIS analyzes the impacts of the Plan/NCCP and a Master
Streambed Alteration Agreement which involves action by the County of
Orange and the California Department of Fish and Game. For that reason,
the EIS also serves as an Environmental Impact Report (EIR) to satisfy
requirements of the California Environmental Quality Act (CEQA) in
addition to those of the National Environmental Policy Act (NEPA).
Comments regarding the Final EIS/EIR may be submitted to the Service
pursuant to NEPA during a 30-day waiting period [See DATES].
DATES: Written comments should be received on or before December 13,
2006.
ADDRESSES: Comments should be sent to Mr. Jim Bartel, Field Supervisor,
U.S. Fish and Wildlife Service, Carlsbad Fish and Wildlife Office, 6010
Hidden Valley Road, Carlsbad, California 92011. You may also submit
comments by facsimile to 760-918-0638.
FOR FURTHER INFORMATION CONTACT: Ms. Karen Goebel, Assistant Field
Supervisor, 6010 Hidden Valley Road, Carlsbad, California 92011, 760-
431-9440.
SUPPLEMENTARY INFORMATION:
Availability of Documents
Copies of the Plan and Appendices A-X, the Map Book, the
Implementation Agreement, and the Final EIS/EIR are available for
public review, by appointment, during regular business hours, at the
Carlsbad Fish and Wildlife Office (see FOR FURTHER INFORMATION
CONTACT). Copies are also available for viewing in select local
southern Orange County public libraries (listed below), the Orange
County Resources and Development Management Department, and at the
following Web site: http://www.ocplanning.net.
1. Dana Point Library--Reference Desk, 33841 Niguel Road, Laguna
Niguel, California 92629;
2. Laguna Hills Library--Reference Desk, 25555 Alicia Parkway,
Laguna Hills, California 92653;
3. Laguna Niguel Library--Reference Desk, 30341 Crown Valley
Parkway, Laguna Niguel, California 92677;
4. Mission Viejo Library--Reference Desk, 100 Civic Center, Mission
Viejo, California 92691;
5. Rancho Santa Margarita Library--Reference Desk, 30902 La
Promesa, Rancho Santa Margarita, California 92688;
6. San Clemente Library--Reference Desk, 242 Avenida Del Mar, San
Clemente, California 92672;
7. San Juan Capistrano Library--Reference Desk, 31495 El Camino
Real, San Juan Capistrano, California 92675; and
8. Orange County Resources & Development Management Department--Tim
Neely, 300 North Flower Street, Santa Ana, California 92702.
Background Information
Section 9 of the Federal ESA of 1973, as amended, and Federal
regulations prohibit the take of fish and wildlife species listed as
endangered or threatened (16 U.S.C. 1538). The term ``take'' means 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).
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, the Service may
issue permits to authorize incidental take of listed fish or wildlife;
i.e., take that is incidental to, and not the purpose of, otherwise
lawful activity. Regulations governing incidental take permits for
threatened and endangered species are found in 50 CFR 17.32(b) and
17.22(b), respectively.
Although take of listed plant species is not prohibited under the
Federal ESA and therefore cannot be authorized under an incidental take
permit, plant species are proposed to be included on the permits in
recognition of the conservation benefits provided to them under the
Plan. All species included on an incidental take permit would receive
assurances under the Service's ``No Surprises'' regulation (50 CFR
17.22(b)(5) and 17.32(b)(5)).
The Service has received applications for incidental take permits
supported, in part, by the Plan. The applications were prepared and
submitted by the three Applicants to satisfy the application
requirements for a section 10(a)(1)(B) permit under the Federal ESA, of
1973, as amended, a section 2835 permit under the California Natural
Community Conservation Planning Act of 1991 (NCCPA), and a streambed
alteration agreement under section 1600 et seq. of the California Fish
and Game Code. Thus, the Plan constitutes a Habitat Conservation Plan
pursuant to the Federal ESA, and a Natural Community Conservation Plan
pursuant to the NCCPA, and also addresses the proposed master streambed
alteration agreement pursuant to the California Department of Fish and
Game Code.
The Applicants seek 75-year incidental take permits authorizing
take incidental to covered activities within a proposed 132,000-acre
Plan Area, located entirely in southern Orange County, California. The
Plan is one of two large, multiple-jurisdiction habitat planning
efforts in Orange County, each of which constitutes a ``subregional''
plan under the NCCPA.
The applicants have requested permits for 32 species, seven of
which are currently listed as threatened or endangered under the
Federal ESA. Of these 32 species, the Applicants request incidental
take permits for 25 animal species and assurances for seven plant
species, all of which are collectively referred to as ``Covered
Species'' by the Plan. Of the seven plant species, one is listed as
threatened [Thread-leaved Brodiaea (Brodiaea filifolia)] and six are
unlisted [California Scrub Oak (Quercus berberidifolia), Chaparral
Beargrass (Nolina cismontana), Coast Live Oak (Quercus agrifolia),
Coulter's Saltbush (Atriplex coulteri), Many-stemmed Dudleya (Dudleya
multicaulis), and Southern Tarplant (Centromadia parryi var.
australis)]). In addition, two invertebrate species, both listed as
endangered [Riverside Fairy Shrimp (Streptocephalus woottoni) and San
Diego Fairy Shrimp (Branchinecta sandiegonensis)] are covered; two
unlisted fish species, [Arroyo Chub (Gila orcutti) and Partially-
armored Threespine Stickleback (Gasterosteus aculeatus
microcephalus)]); two amphibian species, one listed as endangered
[Arroyo Toad (Bufo californicus)] and one unlisted [Western Spadefoot
Toad (Spea hammondii)]); seven unlisted reptile species [California
Glossy Snake (Arizona elegans occidentalis), Coast Patch-nosed Snake
(Salvadora hexalepis virgultea), Northern Red-diamond Rattlesnake
[[Page 66190]]
(Crotalus ruber ruber), Orange-throated Whiptail (Aspidoscelis
hyperythra), Red Coachwhip (Masticophis flagellum piceus), San Diego
``Coast'' Horned Lizard (Phrynosoma coronatum), and Southwestern Pond
Turtle (Emys [=Clemmys] marmorata pallida)]); and 12 bird species, two
listed as endangered [Least Bell's Vireo (Vireo bellii pusillus) and
Southwestern Willow Flycatcher (Empidonax traillii extimus)], one
listed as threatened [Coastal California Gnatcatcher (Polioptila
californica californica)], and nine unlisted [Burrowing Owl (Athene
cunicularia), Coastal Cactus Wren (Campylorhynchus brunneicapillus
couesi), Cooper's Hawk (Accipiter cooperii), Grasshopper Sparrow
(Ammodramus savannarum), Long-eared Owl (Asio otus), Tricolored
Blackbird (Agelaius tricolor), White-tailed Kite (Elanus leucurus),
Yellow-breasted Chat (Icteria virens), and Yellow Warbler (Dendroica
petechia)] are also included as Covered Species. If the proposed Plan
is approved and the permits issued, the take authorizations for listed
covered animal species would be effective upon permit issuance. For
currently unlisted covered animal species, the take authorizations
would become effective concurrent with listing, should the species be
listed under the ESA during the permit term. The take permits would
authorize take incidental to the Covered Activities identified in the
Plan.
Proposed Covered Activities include residential and commercial
development and associated infrastructure on RMV, maintenance of
existing RMV ranch facilities, and grazing on portions of the Habitat
Reserve; SMWD projects both within and outside of RMV within the Plan
area; and the County's expansion of the Prima Deshecha Landfill, and
extention and improvements to Avenida La Pata. The Plan provides for
the inclusion of additional individual land owners within Coto de Caza
who choose to fulfill specific mitigation measures. Individual projects
would typically require separate environmental review under CEQA, and
in some cases, NEPA.
As described in the Draft EIS/EIR, the Plan would provide for the
creation of a Habitat Reserve encompassing approximately 20,868 acres
of habitat permanently protected and managed to benefit the Covered
Species, in addition to approximately 11,950 acres of existing County
Wilderness Parkland, the 4,000-acre Audubon Starr Ranch, and
approximately 7,000 acres of existing conservation elsewhere in the
Southern Subregion of Orange County outside of the Cleveland National
Forest that also provide habitat for the Covered Species. Orange County
will manage an additional 531 acres for the benefit of Covered Species
on the Prima Deshecha Landfill. As a major part of the Habitat Reserve,
approximately 16,536 acres (73 percent) of RMV land would be preserved
through a Phased Dedication Program linked to phased development on RMV
lands. When completed, the Habitat Reserve will include large habitat
blocks for Covered Species that provide for essential ecological
processes and biological corridors and linkages to provide for the
conservation of the proposed Covered Species.
In order to comply with the requirements of the Federal ESA,
California ESA, and the California NCCPA, the Plan addresses a number
of required elements, including: Species and habitat goals and
objectives; evaluation of the effects of Covered Activities on Covered
Species, including indirect and cumulative effects; a conservation
strategy; a monitoring and adaptive management program; descriptions of
potential changed circumstances and remedial measures; identification
of funding sources; and an assessment of alternatives to take of listed
species. A monitoring and reporting plan would gauge the Plan's success
based on achievement of biological goals and objectives and would
ensure that conservation keeps pace with development. The Plan includes
a management program, including adaptive management, which allows for
changes in the conservation program if the biological species
objectives are not met or new information becomes available to improve
the efficacy of the Plan's conservation strategy.
On July 14, 2006, the Service published a notice in the Federal
Register (71 FR 40145) announcing receipt of an application for
incidental take permits from the Applicants. The draft EIS/EIR analyzed
the potential environmental impacts that may result from the Federal
action of authorizing incidental take anticipated to occur with
implementation of the Plan and identified various alternatives. We
received a total of 21 comment letters on the draft EIS/EIR. In several
cases, interested parties submitted separate but identical letters on
both the EIS and EIR. A response to each comment received in all of
these letters has been included in the final EIS/EIR.
Alternatives
After an initial screening of proposed alternatives, the draft EIS/
EIR considered four alternatives in detail in addition to the preferred
project described above (Alternative B-12) including: an expanded
conservation alternative (B-8); an alternative formulated by Orange
County during the County zoning process (B-10M); a ``no-take/no-
streambed alteration'' alternative (A-5); and a no-project alternative
(A-4).
Under Alternative B-8, approximately 19,130 acres (84 percent) of
RMV land would be designated as permanent open space. Potential
development would be located on about 3,680 acres (16 percent) of RMV
lands. Acquisition and management of open space would be provided for
through dedications and public and non-profit organization funding of
acquisitions and management. A voluntary sale by RMV for purpose of
open space acquisition likely would be required for substantial areas.
County housing needs would be met to a far lesser extent than any of
the other alternatives.
Under Alternative B-10M, approximately 15,132 acres (66 percent) of
RMV land would be designated as permanent open space. Potential
development would be located on about 6,279 acres (27 percent,
including orchards and the Planning Area 4 reservoir) of RMV land. This
alternative would not require acquisition of reserve land on RMV.
Compared with Alternative B-12, this alternative would result in more
development in the San Mateo watershed.
The ``no project'' and ``no take'' programmatic alternatives are
expected to conserve less habitat than Alternative B-12 and in an
unknown configuration through a project by project approach. Management
for remaining open space in these alternatives is unspecified.
National Environmental Policy Act
Proposed permit issuance triggers the need for compliance with
NEPA. As stated above, because other Orange County and State-related
actions are covered in the Plan, there is also a need for compliance
with CEQA. Accordingly, a joint NEPA/CEQA document has been prepared.
The Service is the lead agency responsible for compliance under NEPA,
and Orange County is the Lead Agency with the responsibility for
compliance with CEQA. As NEPA lead agency, the Service is providing
notice of the availability of the Final EIS/EIR and is making available
for public review the responses to comments on the Draft EIS/EIR.
Public Review
The Service invites the public to review the Final Plan, Final EIS/
EIR, and Final Implementing Agreement
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during a 30-day waiting period [See DATES]. Any comments received,
including names and addresses, will become part of the administrative
record and may be made available to the public. Our practice is to make
comments, including names, home addresses, home phone numbers, and
email addresses of respondents, available for public review. Individual
respondents may request that we withhold their names and/or homes
addresses, etc., but if you wish us to consider withholding this
information you must state this prominently at the beginning of your
comments. In addition, you must present a rationale for withholding
this information. This rationale must demonstrate that disclosure would
constitute a clearly unwarranted invasion of privacy. Unsupported
assertions will not meet this burden. In the absence of exceptional,
documentable circumstances, this information will be released. We will
always make submissions from organization or businesses, and from
individuals identifying themselves as representatives of or officials
of organizations or businesses, available for public inspection in
their entirety.
The Service will evaluate the application, associated documents,
and comments submitted to them to prepare a Record of Decision. Permit
decisions will be made no sooner than 30 days after the publication of
the Final EIS/EIR and completion of the Record of Decision.
This notice is provided pursuant to section 10(a) of the Federal
ESA and regulations for implementing NEPA, as amended (40 CFR 1506.6).
We provide this notice in order to allow the public, agencies, and/or
other organizations to review these documents.
Dated: October 26, 2006.
Ken McDermond,
Deputy Manager, California/Nevada Operations Office, Sacramento,
California.
[FR Doc. E6-18971 Filed 11-9-06; 8:45 am]
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