[Federal Register Volume 60, Number 241 (Friday, December 15, 1995)]
[Notices]
[Pages 64447-64449]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30350]



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DEPARTMENT OF INTERIOR

Fish and Wildlife Service


Availability of a Draft Environmental Impact Statement/
Environmental Impact Report and Receipt of Applications for Incidental 
Take Permits Associated With a Natural Community Conservation Plan/
Habitat Conservation Plan for the Central and Coastal Subregion, Orange 
County, California

AGENCY: Fish and Wildlife, Interior.

ACTION: Notice of availability.

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SUMMARY: Orange County (lead applicant), the University of California 
at Irvine, the Transportation Corridor Agency, Metropolitan Water 
District, Santiago County Water District, Irvine Ranch Water District, 
The Irvine Company, Chandis-Sherman Companies, and Southern California 
Edison each have applied to the Fish and Wildlife Service (Service) for 
75-year incidental take permits pursuant to section 10(a)(1)(B) of the 
Endangered Species Act of 1973, as amended (Act). In addition, the 
Service anticipates that the cities of Anaheim, Costa Mesa, Irvine, 
Laguna Beach, Laguna Niguel, Lake Forest, Newport Beach, Orange, and 
Tustin also will apply for individual permits. This notice advises the 
public that the application package for these related permits is 
available for public review. The package includes a Natural Community 
Conservation Plan/Habitat Conservation Plan (NCCP/HCP) for the Central 
and Coastal Subregion of Orange County, a draft Implementing Agreement 
(IA), and a draft joint programmatic Environmental Impact Statement/
Environmental Impact Report (EIS/EIR).
    The proposed incidental take would occur due to habitat loss 
resulting from residential, commercial, and recreational developments 
with associated infrastructure. The proposed permits would authorize 
the incidental take of the threatened coastal California gnatcatcher 
(Polioptila californica californica) and endangered peregrine falcon 
(Falco peregrinus). Under special conditions, incidental take also 
would be authorized for the endangered Riverside fairy shrimp 
(Streptocephalus woottoni), southwestern arroyo toad (Bufo microscaphus 
californicus), least Bell's vireo (Vireo bellii pusillus), southwestern 
willow flycatcher (Empidonax traillii extimus), and Pacific pocket 
mouse (Perognathus longimembris pacificus).
    The permit applicants also request coverage of an additional 35 
unlisted 

[[Page 64448]]
species (9 plant, 26 animal), including 3 proposed species that occur 
within the NCCP/HCP area. The NCCP/HCP proposes to conserve all 35 
species according to standards required for listed species under the 
Act. Unlisted covered species would be named on the permits with 
delayed effective dates. Barring unforeseen circumstances, incidental 
take of the unlisted covered species would be authorized upon their 
listing under the Act. Concurrent with the proposed issuance of the 
Federal permits, the California Department of Fish and Game proposes to 
issue management authorizations for the 42 species under section 2081 
of the California Endangered Species Act.
    Although the NCCP has focused on coastal sage scrub (CSS) habitat, 
in keeping with the legislative intent of the California NCCP Act of 
1991 to protect multiple habitat types, the applicants propose to 
protect 4 additional habitat types to the extent that no additional 
mitigation or compensation would be required of participating 
landowners should any species dependent on these habitats be listed 
during the 75-year permit. These habitat types are: oak woodlands, 
Tecate cypress forest, cliff and rock, and chaparral (coastal subarea 
only). Should any species dependent on these habitats be listed, the 
10(a)(1)(B) permits would become effective as described above.
    Federal approval of the NCCP/HCP is required as part of the special 
4(d) rule for the coastal California gnatcatcher (58 FR 65088). 
Incidental take of the gnatcatcher is allowed under section 4(d) of the 
Act if take results from activities conducted pursuant to the NCCP Act, 
NCCP Process Guidelines, and NCCP Southern California Coastal Sage 
Scrub Conservation Guidelines.
    An EIS/EIR has been prepared in order for the Service to comply 
with the National Environmental Policy Act (NEPA) and for the County 
and cities to comply with the California Environmental Quality Act 
(CEQA). The EIS/EIR evaluates the effects on the human environment of 
the proposed action: issuance of incidental take permits and management 
authorizations, and approval of the NCCP/HCP and IA. This notice is 
provided pursuant to section 10(c) of the Act and NEPA regulations (40 
CFR 1506.6).
    Comments are requested on the NCCP/HCP, IA, and EIS/EIR. All 
comments received, including names and addresses, will become part of 
the administrative record and may be made available to the public.

DATES: Written comments on the permit application and EIS/EIR should be 
received on or before January 29, 1996.

ADDRESSES: Comments should be addressed to Mr. Gail C. Kobetich, Field 
Supervisor, U.S. Fish and Wildlife Service, 2730 Loker Avenue West, 
Carlsbad, California 92008; facsimile 619-431-9618.

FOR FURTHER INFORMATION CONTACT: Ms. Linda R. Dawes, Ph.D., Fish and 
Wildlife Biologist, at the above address (619-431-9440), or Mr. Tim 
Neely, Planning and Zoning Administrator, Orange County Environmental 
Management Agency (714-834-2252).

SUPPLEMENTARY INFORMATION:

Availability of Documents

    Individuals wishing copies of the application and EIS/EIR for 
review should immediately call Dr. Dawes or Mr. Neely at the above 
telephone numbers. These documents will be available for public 
inspection at local libraries and at the above offices, by appointment, 
during normal business hours. Please call Mr. Neely for a list of 
libraries housing the documents.

Background

    The ``take'' of threatened and endangered species is prohibited 
under section 9 of the Act and its implementing regulations. Take is 
defined, in part, as killing, harming, or harassing listed species, 
including significant habitat modification that results in death of or 
injury to listed species. Under limited circumstances, the Service may 
issue permits to take listed species if such taking is incidental to 
otherwise lawful activities. Regulations governing permits are found at 
Title 50 Code of Federal Regulations 17.22 and 17.32.
    The NCCP/HCP subregional planning area covers 208,000 acres, with 
104,000 acres remaining as natural lands which are subject to intense 
development pressure. Exclusive of the Cleveland National Forest, the 
subregion contains 30,833 acres of CSS supporting approximately 600 
pairs of California gnatcatchers. The NCCP/HCP proposes the conversion 
of 7,395 acres (24%) of CSS habitat which could result in incidental 
take of approximately 109 pairs of California gnatcatchers by 
participating landowners. This level of take is considered fully 
mitigated by the NCCP/HCP. Twenty additional pairs of gnatcatchers 
potentially may be taken by non-participating landowners. These 
landowners would have the option of paying a mitigation fee, or 
undertaking an individual HCP or Section 7 consultation under the Act.
    As mitigation for the proposed incidental take, the applicants 
propose the establishment of a 38,738-acre reserve, including 12 of 13 
major vegetative communities present within the subregion. The reserve 
would contain more than 18,800 acres of CSS, 7,300 acres of chaparral, 
6,100 acres of grasslands, 1,800 acres of riparian habitat, 950 acres 
of woodland, and 200 acres of forest. The NCCP/HCP contains a 
comprehensive management plan including, but not limited to, fire 
management, grazing management, management of recreation and public 
access, and habitat restoration. The foregoing actions would be funded 
through the creation by participating landowners of an endowment in 
excess of $10.6 million, and by mitigation fees contributed by non-
participating landowners who elect to use this option rather than 
pursue an individual HCP. Additionally, to supplement the reserve, 
3,990 acres would be designated as either special linkage or existing 
use areas and 3,960 acres would remain as public open space. The 
application also proposes planning guidelines for the North Ranch area 
which are protective of the reserve and subregional biodiversity.
    Incidental take of other listed species which potentially occur 
within the subregion would be subject to conditions specific for each 
species. In general, minor occurrences would be mitigated by habitat 
enhancement or restoration within the reserve. Occurrences which 
represent significant conservation value would be handled on a case-by-
case basis. No take would be authorized in the North Ranch policy plan 
area. Specific provisions for the pocket mouse include the creation of 
a temporary 22-acre reserve on the Dana Point headlands and $700,000 to 
study alternative conservation measures.
    In compliance with NEPA, the EIS/EIR examines the environmental 
impacts of issuing the proposed incidental take permit and the effects 
of implementing the proposed habitat conservation plan and alternative 
conservation plans. Although dozens of alternative conservation 
configurations and mechanisms were considered, the EIS/EIR analyzes 4 
alternatives in detail, including the proposed action.
    All individuals and agencies are urged to comment on the EIS/EIR, 
NCCP/HCP, and IA. All comments received by the closing date will be 
considered in finalizing NEPA compliance and permit issuance or denial.


[[Page 64449]]

    Dated: December 6, 1995.
Thomas J. Dwyer,
Deputy Regional Director, Region 1 Portland, Oregon.
[FR Doc. 95-30350 Filed 12-14-95; 8:45 am]
BILLING CODE 4310-55-P