[Federal Register Volume 61, Number 106 (Friday, May 31, 1996)]
[Notices]
[Pages 27363-27365]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13538]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Availability of the Final Joint Programmatic Environmental Impact
Report and Environmental Impact Statement on the Proposed Issuance of
Incidental Take Permits for the Coastal California Gnatcatcher and Six
Other Listed Species in the Central and Coastal Natural Community
Conservation Planning Subregion of Orange County, CA
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability.
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SUMMARY: This notice advises the public that the Final Environmental
Impact Report/Environmental Impact Statement (EIR/EIS) on the proposed
issuance of nine incidental take permits for seven listed species in
the Central and Coastal Natural Community Conservation Planning (NCCP)
Subregion of Orange County, California, is available. Publication of
the Record of Decision and issuance of the permits will occur no sooner
than 30 days from the date of this notice. This notice is provided
pursuant to regulations implementing the National Environmental Policy
Act (40 CFR 1506.6).
ADDRESSES: The documents discussed herein are available for public
inspection, by appointment, during normal business hours, at the
Carlsbad Field Office, U.S. Fish and Wildlife Service, 2730 Loker
Avenue West, Carlsbad, California 92008 (telephone: 619-431-9440); and
at the Planning Department, Orange County Environmental Management
Agency, 300 North Flower Street, Santa Ana, California 92702
(telephone: 714-834-5550).
FOR FURTHER INFORMATION CONTACT: Mr. Gail Kobetich, Field Supervisor,
U.S. Fish and Wildlife Service (see ADDRESSES above), telephone: 619-
431-9440; or Mr. Tim Neely, Planning and Zoning Administrator, Orange
County Environmental Management Agency (see ADDRESSES above),
telephone: 714-834-2552.
SUPPLEMENTARY INFORMATION:
Availability of Documents
Copies of the Final EIR/EIS and associated documents (comment
letters on the Draft EIS/EIR, response to comments, the final
Implementation Agreement, and final maps) can be obtained by contacting
the Carlsbad or Santa Ana offices listed above (see ADDRESSES). The
response to comments addresses changes that were made in draft
documents associated with the permit applications that previously were
made available for public review. The complete application file may be
viewed during normal business hours, by appointment, at the Carlsbad
and Santa Ana offices. A letter announcing availability of the Final
EIR/EIS has been forwarded to all parties who previously received the
notice of availability of the Draft EIR/EIS, and/or who requested a
copy of, or commented on, the Draft EIR/EIS.
Background
On March 30, 1993, the U.S. Fish and Wildlife Service (Service)
published a final rule determining the coastal California gnatcatcher
(Polioptila californica californica) as a threatened species (58 FR
16742). 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 kills or injures listed
species. The Service, however, may issue permits under section 10 of
the Act to conduct activities involving the take of threatened and
endangered species under certain circumstances, including carrying out
scientific activities, enhancing the propagation or survival of the
species, or incidentally taking the species in connection with
otherwise lawful activities. Regulations governing such permits are at
50 CFR 17.22 and 17.32.
On December 10, 1993, the Service issued a final special rule for
the coastal California gnatcatcher, pursuant to section 4(d) of the Act
(58 FR 65088). Incidental take of the gnatcatcher is allowed under the
special rule if such take results from activities conducted under a
plan prepared pursuant to the NCCP Act of 1991, NCCP Process
Guidelines, and the NCCP Southern California Coastal Sage Scrub
Conservation Guidelines. The special rule also requires Federal
approval of the NCCP Plan/Habitat Conservation Plan (HCP).
The County of Orange (lead applicant), University of California-
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Irvine, Transportation Corridor Agencies, 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 Service for a 75-year incidental take permit
pursuant to section 10(a)(1)(B) of the Act. In addition, the cities of
Anaheim, Costa Mesa, Irvine, Laguna Beach, Laguna Niguel, Lake Forest,
Newport Beach, Orange, and Tustin also may apply for individual
permits. Should any of these cities apply for individual permits, the
Final EIR/EIS will be used to satisfy their State and Federal
environmental documentation requirements. In support of their permit
application package, the applicants have prepared a NCCP Plan/HCP and
an IA for the Central and Coastal NCCP Subregion of Orange County
(Subregion). In December 1995, these documents were circulated for
review and comment, along with the Draft
EIR/EIS.
Under the proposed action, section 10(a)(1)(B) permits would be
issued by the Service subject to the terms and conditions of the NCCP
Plan/HCP and its IA. The proposed permits would authorize the
incidental take of 44 species, 7 of which are listed species,
including: the threatened coastal California gnatcatcher, and the
endangered American peregrine falcon (Falco peregrinus anatum),
Riverside fairy shrimp (Streptocephalus woottoni), arroyo southwestern
toad (Bufo microscaphus californicus), least Bell's vireo (Vireo bellii
pusillus), southwestern willow flycatcher (Empidonax traillii extimus),
and the Pacific pocket mouse (Perognathus longimembris pacificus).
Consistent with the U.S. Department of the Interior's ``No Surprises''
Policy, the permit applicants also request coverage of an additional 37
currently unlisted plant and animal species that occur within the NCCP
Plan/HCP area, including 5 species proposed for listing as threatened
or endangered, and 5 plant species on the Dana Point Headlands
(Headlands) only. The NCCP Plan/HCP would conserve the 37 unlisted
species according to standards required for species listed under the
Act. Unlisted species would be named on the permits, with incidental
take becoming effective upon their listing under the Act.
Although the NCCP Plan/HCP has focused on coastal sage scrub
habitat (CSS), in keeping with the legislative intent of the California
NCCP Act of 1991 to protect multiple habitat types, the applicants
propose to protect four additional habitat types to the extent that no
additional mitigation or compensation would be required of
participating landowners should any species dependent upon or
associated with these habitats be listed during the 75-year permit
period. These habitat types are: oak woodlands, Tecate cypress forest,
cliff and rock, and chaparral (coastal subarea only). Should any
species dependent upon or associated with these habitats be listed in
the future, the Service will assume the responsibility for any
additional mitigation measures, above and beyond the NCCP Plan/HCP
implementation program, that would be required to provide the
regulatory basis for issuing section 10(a)(1)(B) permits to
participating landowners.
The NCCP Plan/HCP subregional planning area includes approximately
208,000 acres, of which about 104,000 acres remain as natural lands
that are subject to intense development pressure. The Subregion
contains about 30,833 acres of CSS supporting approximately 600 pairs
of California gnatcatchers. Under the NCCP Plan/HCP, 5,336 acres of
CSS, currently supporting 110 pairs of gnatcatchers, could be
incidentally taken as a result of development by participating
landowners. In addition, development of 2,108 acres of CSS habitat,
currently supporting 11 pairs of gnatcatchers, could be incidentally
taken by activities of non-participating landowners. Other habitats
associated with CSS could also be developed, including about 2,550
acres of chaparral and 12,025 acres of grasslands.
The applicants propose to minimize and mitigate the impacts of take
by establishing a 37,378-acre Reserve System. The Reserve System will
contain more than 18,527 acres of CSS, 6,950 acres of chaparral, 5,732
acres of grasslands, and other habitats. The Reserve System will be
managed by its public owners according to comprehensive management
plans, including, but not limited to, fire management, grazing
management, recreation/public access management, and habitat
restoration plans. Such management will be funded by an endowment fund
in excess of $10.6 million, and by mitigation fees contributed by non-
participating landowners who elect to use this fee option rather than
pursue an individual HCP. Management of reserve lands will be
coordinated by a non-profit Board of Directors, to be composed of
public and private landowners, the California Department of Fish and
Game (CDFG), and the Service.
To supplement the Reserve System, 1,906 acres are designated as
Special Linkage Areas and another 3,796 acres are designated as
Existing Use Areas. Another 3,831 acres within the Subregion will
remain as public Open Space. The NCCP Plan/HCP also includes guidelines
for the North Ranch Policy Plan Area to ensure that any future
development in this area protects the reserve and subregional
biodiversity. No take of covered species would be authorized in the
Existing Use Areas or North Ranch Policy Plan Area.
Of the 44 covered species addressed in the NCCP Plan/HCP, 10 are
conditionally covered and will be subject to specified mitigation
measures, in addition to the establishment and management of the
Reserve System. Conditionally covered species include: the least Bell's
vireo, southwestern willow flycatcher, arroyo southwestern toad, Quino
checkerspot butterfly (Euphidryas editha quino), Riverside fairy
shrimp, San Diego fairy shrimp (Branchinecta sandiegoensis), Pacific
pocket mouse, golden eagle (Aquila chrysaetos), prairie falcon (Falco
mexicanus), and the foothill mariposa lily (Calochortus weedii var.
intermedius). In general, impacts to habitats supporting smaller
populations of conditionally covered species would be mitigated by
habitat enhancement or restoration within the Reserve System.
Mitigation for impacts to habitats or populations that may have
significant conservation value would be handled on a case-by-case
basis. Specific provisions for the Pacific pocket mouse include the
creation of a 22-acre temporary preserve for up to 12 years at the
Headlands, and providing $700,000 towards a programmatic research and
recovery effort to be initiated by the Service and CDFG; the Headlands
landowner will contribute $350,000 to be matched by the Service. If,
through this research and recovery effort, the Service determines that
the Headlands site is essential for the survival and recovery of the
species, the Service has committed to purchase the site.
Development of the Final EIR/EIS
To assure compliance with the purpose and intent of the National
Environmental Policy Act (NEPA) and the California Environmental
Quality Act, the Final EIR/EIS was developed cooperatively by the
Service's Carlsbad Field Office (lead Federal agency) and the Orange
County Environmental Management Agency (lead State agency). On June 24,
1993, the Service published in the Federal Register a Notice of Intent
to prepare the EIR/EIS (58 FR 34270). This notice also
[[Page 27365]]
advertised a joint public scoping meeting, held on July 7, 1993. The
scoping process was initiated in accordance with NEPA to solicit
comments from a variety of Federal, State, and local entities on
issues/alternatives to be addressed in the EIR/EIS. A report was
prepared in September 1993, summarizing the scoping process. A joint
Notice of Availability of the Draft EIR/EIS, and Notice of Receipt of
applications for incidental take permits associated with the Orange
County Central/Coastal Subregion NCCP Plan/HCP, was published in the
Federal Register on December 15, 1995 (60 FR 64447).
Adverse and beneficial effects, associated with the implementation
of each alternative, were described in the Draft EIR/EIS. The Service
received 76 letters of comment on the Draft EIR/EIS that mainly focused
on the following issues: (1) Creation of a permanent habitat Reserve
System; (2) Headlands/Pacific pocket mouse issues; (3) reserve design
and process; (4) habitat coverage; (5) species coverage; (6) adequacy
of biological linkages/connectivity; (7) Coal Canyon habitat linkage;
(8) El Toro Marine Corps Air Station; (9) extension of the comment
period; (10) changes requested by local jurisdictions; (11) revisions
to the draft IA; (12) role of adaptive management; and (13) assurance
of implementation. Copies of all comments received and responses to all
comments are available for public review. The Draft EIR/EIS, Draft NCCP
Plan/HCP, and Draft IA were revised, where appropriate, based on public
comments. No new issues or additional significant impacts were
identified as a result of public comment on the Draft EIR/EIS.
Alternatives Analyzed in the Final EIR/EIS
Due to the scale of the NCCP program for the Subregion, the lead
agencies assessed various regional conservation strategies and reserve
designs. Four alternatives were advanced for detailed analysis in the
Final EIR/EIS: (1) Proposed Project Alternative (approve and implement
the NCCP Plan/HCP), (2) No Project/No Action Alternative, (3) No Take
Alternative, and (4) a Programmatic Alternative. Each alternative was
evaluated for its potential to result in significant adverse
environmental impacts, and the adequacy or inadequacy of the proposed
measures to avoid, minimize, and substantially reduce and mitigate such
negative effects.
The Service's preferred action is approval of the NCCP Plan/HCP,
and issuance of incidental take permits with the mitigating,
minimizing, and monitoring measures outlined in the Proposed Project
Alternative. (See Background section for a description of this
alternative).
Under the No Project/No Action Alternative, a comprehensive
regional conservation strategy would not be undertaken, and a Reserve
System would not be established. Development would occur as planned by
the local jurisdictions. Protection of the coastal California
gnatcatcher and its CSS habitat, and other federally listed species,
would occur on a project-by-project basis through the section 7 and
section 10 processes of the Act, as appropriate. Other unlisted species
might be protected if included in the planning process for each
project.
The No Take Alternative is similar to the No Project Alternative,
except that it assumes that no take of gnatcatchers or their associated
habitat would be allowed within the Subregion pursuant to section 9 of
the Act, and that the section 7 and 10 processes would not be used to
authorize or exempt such incidental take. Development would be limited
to those projects that do not result in take of the gnatcatcher or its
occupied habitat. Protection of other species (not federally listed)
would occur only to the extent currently required by State
environmental regulations.
Similar to the Proposed Project Alternative, the Programmatic
Alternative would involve a subregional conservation strategy,
including the creation of a large-scale habitat reserve and the
implementation of a long-term management program. However, under the
programmatic approach, specific boundaries for a habitat reserve system
and design of the management program would be developed over time, as
specific projects requiring mitigation are undertaken that contribute
mitigation fees or dedication lands to a management entity.
The underlying goal of the Proposed Project Alternative is to
implement ecosystem-based conservation measures, aimed at the
protection of multiple species and multiple habitats on a regional
scale, while accommodating compatible development. The Central and
Coastal Orange County NCCP Plan/HCP would result in the implementation
of a comprehensive reserve strategy for CSS and related habitats in the
Subregion, that is expected to provide long-term benefits to the
coastal California gnatcatcher and 43 other covered species and their
habitats. The Service intends to approve the Orange County Central/
Coastal NCCP Plan/HCP and issue section 10 incidental take permits to
the applicants.
Dated: May 23, 1996.
Thomas J. Dwyer,
Regional Director, Region 1, Portland, OR.
[FR Doc. 96-13538 Filed 5-30-96; 8:45 am]
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