[Federal Register Volume 66, Number 164 (Thursday, August 23, 2001)]
[Notices]
[Pages 44372-44374]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-21272]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Preparation of an Environmental Impact Report/Statement for the
South Subregion Natural Community Conservation Plan/Habitat
Conservation Plan, County of Orange, California
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of intent.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the National Environmental Policy Act, the Fish
and Wildlife Service (Service) advises the public that we intend to
gather information necessary to prepare, in coordination with the
County of Orange, California (County), a joint programmatic
Environmental Impact Report/Environmental Impact Statement (EIR/EIS) on
the South Subregion Natural Community Conservation Plan/Habitat
Conservation Plan (NCCP/HCP) proposed by the County. The County and
possibly other jurisdictions intend to request Endangered Species Act
permits for federally listed threatened or endangered species and for
unlisted species that may become listed during the term of the permit.
The permit is needed to authorize take of listed species (including
harm, injury and
[[Page 44373]]
harassment) during urban development in the approximately 200 square-
mile study area in southern Orange County. The proposed NCCP/HCP would
identify those actions necessary to maintain the viability of South
Subregion coastal sage scrub habitat for the federally threatened
coastal California gnatcatcher (Polioptila californica californica),
and other species and major habitat types identified for inclusion and
management during the preparation of the NCCP/HCP.
The Service is furnishing this notice to: (1) Advise other Federal
and State agencies, affected Tribes, and the public of our intentions;
(2) announce the initiation of a 30-day public scoping period, and (3)
obtain suggestions and information on the scope of issues to be
included in the EIR/EIS.
DATES: We will accept written comments on or before September 24, 2001.
ADDRESSES: Send comments to Mr. James Bartel, Field Supervisor, U.S.
Fish and Wildlife Service, Carlsbad Field Office, 3720 Loker Avenue
West, Carlsbad, CA 92008; facsimile (760) 431-9618.
FOR FURTHER INFORMATION CONTACT: Ms. Karen Evans, Supervisory Fish and
Wildlife Biologist, (see ADDRESSES); telephone (760) 431-9440.
SUPPLEMENTARY INFORMATION:
Background
Section 9 of the Endangered Species Act of 1973, as amended, and
Federal regulation prohibit the ``taking'' of a species listed as
endangered or threatened. The term ``take'' means to harass, harm,
pursue, hunt, shoot, wound, kill, capture or collect listed wildlife,
or attempt to engage in such conduct. Harm includes habitat
modification that kills or injures wildlife by significantly impairing
essential behavioral patterns, including breeding, feeding, or
sheltering. Under limited circumstances, the Service may issue permits
for take of listed species that is incidental to, and not the purpose
of, otherwise lawful activities. Regulations governing permits for
threatened and endangered species are found in 50 CFR 17.32 and 50 CFR
17.22.
If the Service approves the NCCP/HCP, we may authorize incidental
take of the California gnatcatcher and other identified federally
listed species through issuance of Endangered Species Act incidental
take permits. The NCCP/HCP, coupled with an Implementation Agreement,
could also form the basis for issuing incidental take permits for other
identified non-listed species should these identified species be listed
during the term of the permit.
On March 25, 1993, the Service issued a Final Rule declaring the
California gnatcatcher to be a threatened species (508 FR 16742). The
Final Rule was followed by a special rule on December 10, 1993 (50 FR
65088) to allow take of the California gnatcatcher pursuant to section
4(d) of the Act. The special rule defined the conditions under which
take of the coastal California gnatcatcher and other federally-listed
species, resulting from specified land use activities regulated by
state and local government, would not violate section 9 of the Act. In
the special rule the Service recognized the significant efforts
undertaken by the State of California through the Natural Community
Conservation Planning Act of 1991 and encouraged holistic management of
listed species, like the coastal California gnatcatcher, and other
sensitive species. The Service declared its intent to permit incidental
take of the California gnatcatcher associated with land use activities
covered by an approved subregional NCCP prepared under the NCCP
Program, provided the Service determines that the subregional NCCP
meets the issuance criteria of an incidental take permit pursuant to
section 10(a)(1) (B) of the Act and 50 CFR 17.32(b)(2). The County
currently intends to obtain the Service's approval of the NCCP/HCP
through a section 10(a)(1)(B) permit.
Proposed Action
The Service will prepare a joint EIR/EIS with the County of Orange,
lead agency for the NCCP/HCP. The County will prepare an EIR in
accordance with the California Environmental Quality Act. The County
will publish a separate Notice of Preparation for the EIR.
The South Subregional NCCP/HCP study area covers more than 200
square miles in the southern and eastern portions of Orange County.
This NCCP subregion is bounded on the east by the San Diego County line
and on the north by Riverside County line. Along the west, the study
area boundaries follow San Juan Creek inland to the Interstate 5 (I-5)
overcrossing, then northwest along I-5 to El Toro Road, and north along
El Toro Road to the intersection of Live Oak Canyon Road and
northeasterly on a straight line from that intersection to the northern
apex of the County boundary. The subregion is bounded on the south by
the Pacific Ocean.
The NCCP/HCP will describe strategies to conserve coastal sage
scrub and other major upland and aquatic habitat types identified for
inclusion and management, while allowing incidental take of endangered
and threatened species associated with development. Development may
include residential, commercial, industrial, and recreational
development; public infrastructure such as roads and utilities; and
maintenance of public facilities.
Preliminary Alternatives
The EIR/EIS for the South Subregion NCCP/HCP will assist the
Service during its decision making process by enabling us to analyze
the environmental consequences of the proposed action and a full array
of alternatives identified during preparation of the NCCP/HCP. Although
specific programmatic alternatives have not been prepared for public
discussion, the range of alternatives preliminarily identified for
consideration include:
Alternative 1, No Project/No Development Alternative
No land development and no NCCP/HCP directly impacting listed
species. Conservation would rely on existing or future amended General
Plans, growth management programs and habitat management efforts, and
continuing project-by-project review and permitting pursuant to the
National Environmental Policy Act and Sections 7 and 10 of the
Endangered Species Act.
Alternative 3, NCCP/HCP Alternative Based on Orange County Projections
(OCP) 2000
Land uses projected by the County's OCP 2000 for Rancho Mission
Viejo Lands would be considered for implementation under a Subregional
NCCP/HCP approach designed to comply with the requirements of section
10(a) of the Endangered Species Act by assuring long-term value of
coastal sage scrub and other major habitat types on a subregional level
through the following measures:
(1) Permanently set aside coastal sage scrub and other major
habitats consistent with Scientific Review Panel Reserve Design
Criteria (1993).
(2) Address habitat needs of coastal sage scrub species and of
other species that use major habitat types specifically identified for
inclusion and management within the NCCP Reserve.
(3) Maintain and enhance habitat connectivity within the subregion
and between adjacent subregions.
(4) Provide for adaptive habitat management within the NCCP
Reserve, including, habitat restoration and enhancement.
[[Page 44374]]
Alternative 4, NCCP/HCP Alternative Based on Other Land Use Scenarios
Formulation of alternative subregional conservation plans and
habitat reserve configurations designed to comply with the requirements
of Section 10(a) by assuring the long-term value of coastal sage scrub
and other major habitat types on a subregional level through the same
four general measures listed under Alternative 3.
Other Governmental Actions
The NCCP/HCP is being prepared concurrently and coordinated with
the joint preparation by the U.S. Army Corps of Engineers and CDFG of a
Special Area Management Plan (SAMP) and Master Streambed Alteration
Agreement (MSAA) for the San Juan Creek and western San Mateo Creek
watersheds. These watersheds cover most of the South NCCP Subregion. In
addition to the concurrent SAMP/MSAA process, the County and Rancho
Mission Viejo, the owner of the largest undeveloped property in the
subregion, will be proceeding with consideration of amendments to the
County General Plan and Zoning Code for that portion of the subregion
owned by Rancho Mission Viejo. The SAMP/MSAA will involve the
preparation of a concurrent joint programmatic EIR/EIS and the General
Plan/Zoning amendment programs will involve the preparation of an EIR
that will distributed for review during the NCCP/HCP public planning
process. The County of Orange will prepare and publish a separate
Notice of Preparation for the General Plan Amendment and Zone Change
EIR.
Service Scoping
We invite comments from all interested parties to ensure that the
full range of issues related to the permit requests are addressed and
that all significant issues are identified. We will conduct
environmental review of the permit applications in accordance with the
requirements of the National Environmental Policy Act of 1969 as
amended (42 U.S.C. 4321 et seq.), its implementing regulations (40 CFR
parts 1500 through 1508), and with other appropriate Federal laws and
regulations, policies, and procedures of the Service for compliance
with those regulations. We expect a draft EIR/EIS for the South
Subregion NCCP/HCP to be available for public review in Fall 2002.
Dated: August 16, 2001.
Mary Ellen Mueller,
Acting Deputy Manager, California/Nevada Operations Office, Fish and
Wildlife Service, Sacramento, California.
[FR Doc. 01-21272 Filed 8-22-01; 8:45 am]
BILLING CODE 4310-55-P