[Federal Register Volume 82, Number 61 (Friday, March 31, 2017)]
[Notices]
[Pages 16054-16056]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06214]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2017-N021; FF08ECAR00000-FXES1140800000-178]


Orange County Transportation Authority (OCTA) M2 Natural 
Community Conservation Plan/Habitat Conservation Plan, Orange County, 
California; Final Environmental Impact Report/Environmental Impact 
Statement and Habitat Conservation Plan

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability.

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SUMMARY: We, the U.S. Fish and Wildlife Service, have prepared a final 
environmental impact report (EIR)/environmental impact statement (EIS) 
under the National Environmental Policy Act of 1967, as amended, and 
its implementing regulations. The EIR portion of the joint document was 
prepared by the Orange County Transportation Authority (OCTA) in 
compliance with the California Environmental Quality Act (CEQA). This 
notice also announces receipt of a final natural community conservation 
plan/habitat conservation plan (HCP) from the applicant, OTCA.

DATES: Submitting Comments: To ensure consideration, we must receive 
written comments by 5 p.m. on May 1, 2017.

ADDRESSES: Submitting Comments: Please send written comments to Mr. 
Mendel Stewart, Field Supervisor, U.S. Fish and Wildlife Service, 
Carlsbad Fish and Wildlife Office, 2177 Salk Avenue, Suite 250, 
Carlsbad, CA 92008. You may also submit comments by facsimile to (760) 
431-5901.
    Information and comments related specifically to the final EIR and 
the California Environmental Quality Act should be submitted to Mr. Dan 
Phu, Orange County Transportation Authority (Attn: M2 NCCP/HCP), 550 
South Main Street, P.O. Box 14184, Orange, CA 92863-1584.
    Reviewing Documents: Documents available for public review include 
the final EIR/EIS, final NCCP/HCP, the final Implementing Agreement, 
and our

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response to public comments we received on the draft EIR/EIS and NCCP/
HCP.
    For copies of the documents, please contact the Service by 
telephone at (760) 431-9440, or by letter to the Carlsbad Fish and 
Wildlife Office (see FOR FURTHER INFORMATION CONTACT). Copies of the 
final EIR/EIS, M2 NCCP/HCP, and Implementing Agreement also are 
available for public review, by appointment, during regular business 
hours, at the Carlsbad Fish and Wildlife Office or at the OCTA Office 
(550 S. Main Street, Orange, CA 92868). Copies are also available for 
viewing in select Orange County public libraries (listed below) and at 
the OCTA's Web site, at http://www.octa.net/.
    1. Tustin Library, 345 E. Main St. Tustin, CA 92780.
    2. Mission Viejo Library, 100 Civic Center, Mission Viejo, CA 
92691.
    3. Garden Grove Regional Library, 11200 Stanford Ave., Garden 
Grove, CA 92840.

FOR FURTHER INFORMATION CONTACT: Ms. Karen A. Goebel, Assistant Field 
Supervisor, at the Carlsbad Fish and Wildlife Office (see ADDRESSES) or 
at (760) 431-9440 (telephone). If you use a telecommunications device 
for the deaf, please call the Federal Relay Service at (800) 877-8339.

SUPPLEMENTARY INFORMATION: This notice advises the public that we have 
prepared a final environmental impact report (EIR)/environmental impact 
statement (EIS) under the National Environmental Policy Act of 1967, as 
amended, and its implementing regulations. The EIR portion of the joint 
document was prepared by the Orange County Transportation Authority 
(OCTA) in compliance with the California Environmental Quality Act 
(CEQA). This notice also announces receipt of a final natural community 
conservation plan/habitat conservation plan (HCP).

Background

    Section 9 of the Endangered Species Act of 1973, as amended (Act; 
16 U.S.C. 1531 et seq.), and Federal regulations prohibit the ``take'' 
of fish and wildlife species federally listed as endangered or 
threatened. Take of federally listed fish or wildlife is defined under 
the Act as to harass, harm, pursue, hunt, shoot, wound, kill, trap, 
capture, or collect listed species, or attempt to engage in such 
conduct (16 U.S.C. 1538). ``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(c)). Under 
limited circumstances, we may issue permits to authorize incidental 
take, which is defined under the Act as take that is incidental to, and 
not the purpose of, otherwise lawful activities. ``Take'' under the ESA 
does not apply to plant species and is not prohibited under the ESA; 
however, the plant species identified in the NCCP/HCP will be listed on 
the Federal permit as covered species in recognition of the 
conservation measures provided for them under the Plan and the 
applicant would receive ``No Surprises'' regulatory assurances for all 
covered species under the Federal permit.

Covered Species

    The applicant seeks incidental take authorization for 10 animal 
species and assurances for 3 plant species. Collectively, the 13 listed 
and unlisted species are referred to as ``covered species'' by the 
NCCP/HCP and include 3 plant species (all unlisted), 1 unlisted fish 
species, 3 reptile species (all unlisted), 4 bird species (2 
endangered, 1 threatened, and 1 unlisted), and 2 mammal species (both 
unlisted). The permit would provide take authorization for all animal 
species and assurances for those species and all plant species 
identified by the NCCP/HCP as ``covered species.'' Take authorized for 
listed covered animal species would be effective upon permit issuance. 
For currently unlisted covered animal species, take authorization would 
become effective concurrent with listing, should the species be listed 
under the Act during the permit term.
    The proposed permit would include the following three federally 
listed animal species: Least Bell's vireo (Vireo bellii pusillus; 
endangered), southwestern willow flycatcher (Empidonax traillii 
extimus; endangered), and coastal California gnatcatcher (Polioptila 
californica californica; threatened). See the EIR/EIS and NCCP/HCP for 
information on unlisted species proposed for coverage under the permit.

Covered Activities

    The NCCP/HCP is intended to protect and sustain viable populations 
of native plant and animal species and their habitats in perpetuity 
through avoidance, minimization, and mitigation measures. These 
measures include purchasing lands for permanent conservation, as well 
as performing restoration on lands currently protected that will 
enhance habitat to address mitigation requirements associated with the 
proposed NCCP/HCP. The proposed NCCP/HCP and permit would accommodate 
the implementation of the OCTA's 13 proposed freeway projects designed 
to reduce congestion, increase capacity, and improve traffic flow of 
Orange County's important transportation infrastructure. It would also 
accommodate management activities conducted on the OCTA acquired lands 
(or Preserves) within Orange County.
    The OCTA's NCCP/HCP Plan Area includes approximately 511,476 ac 
(206,987 ha), encompassing all of Orange County, California. The NCCP/
HCP is intended to function independently of other HCPs within the 
Orange County region (e.g., Central and Coastal Orange County NCCP/HCP, 
Orange County Southern HCP, and Western Riverside County's Multiple 
Species Habitat Conservation Plan).
    As described in the NCCP/HCP and the EIR/EIS, the proposed NCCP/HCP 
would provide protection measures for species on the OCTA covered 
freeway projects as well as for covered activities within the OCTA 
Preserves, in part by including purchase of lands for permanent 
conservation. Covered activities, including covered freeway projects 
and covered activities within Preserves, are estimated to directly 
affect up to 154 ac (62 ha) of habitat and indirectly affect up to 
484.4 ac (196 ha) of habitat for covered species that will require 
mitigation over the 40-year term of the permit. OCTA has purchased 
seven open-space properties, totaling 1,296 ac (524 ha), of which about 
1,232 ac (499 ha) is undeveloped open space and will be available to 
mitigate for project impacts to covered species. All Preserves will 
have endowments set up to cover long-term management needs. OCTA has 
also approved funding for 11 habitat restoration projects in the Plan 
Area, totaling over 350 ac (142 ha). Future restoration efforts are 
identified within the NCCP/HCP to further benefit covered species.
    The primary source of funding for the NCCP/HCP will derive from the 
M2 transportation sales tax designed to raise money to improve Orange 
County's transportation system. As part of the M2 sales tax initiative, 
a minimum of 5 percent of the revenues from the freeway program will be 
set aside for the M2 Environmental Mitigation Program (EMP) revenues. 
These funds will be used for ``programmatic mitigation.'' The 
development and implementation of the M2 NCCP/HCP will use a portion of 
this funding source to achieve higher value environmental benefits such 
as habitat protection, connectivity, and resource preservation/
enhancement in exchange for streamlined project approvals for the M2 
freeway projects.

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The expenditures for key components of the NCCP/HCP conservation 
strategy that achieve upfront and comprehensive mitigation (e.g., 
Preserve acquisitions and funding of restoration projects) will be paid 
for through M2 EMP revenues. Any costs associated with implementing 
avoidance and minimization measures, as described in Section 5.6, 
``Avoidance and Minimization,'' will be funded through the individual 
construction budgets and will not rely on funding under the M2 EMP.
    The NCCP/HCP includes measures to avoid and minimize incidental 
take of the covered species, emphasizing project design modifications 
to protect covered species and their habitats. 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 NCCP/HCP also 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 
NCCP/HCP's conservation strategy.
    Covered projects and activities would include 13 discrete proposed 
freeway segments in which freeway projects have been identified for 
coverage under the NCCP/HCP. These proposed projects are designed to 
reduce congestion, increase capacity, and smooth traffic flows of 
Orange County's important transportation infrastructure. In addition, 
activities related to ongoing habitat management, restoration, and 
monitoring activities by Preserve Managers and activities necessary to 
provide limited public access have been identified for coverage. These 
covered activities fall under two major categories, including:
    1. Covered freeway projects; and
    2. Covered activities within Preserves, including preserve 
management, trail creation, restoration, and monitoring activities.

National Environmental Policy Act Compliance

    The EIR/EIS analyzes two alternatives in addition to the proposed 
action (i.e., permit issuance based on the NCCP/HCP) described above. 
The other alternatives include a no-action (i.e., no permit) 
alternative and a reduced plan alternative covering only species that 
are federally or State-listed as threatened or endangered. Two other 
alternatives were considered during the planning process but were not 
evaluated because they did not meet the purpose and need of both the 
OCTA and the Service; these alternatives involved a no-take alternative 
and an alternative requiring the OCTA to participate in project-by-
project mitigation.
    The final EIR/EIS includes all comments we received on the draft 
EIR/EIS and our response to those comments. After the 30-day waiting 
period, we will complete a record of decision that announces our 
decision on the action that will be implemented and discusses all 
factors leading to the decision.

Public Review

    Copies of the final EIR/EIS, NCCP/HCP, and IA are available for 
review (see Availability of Documents). Any comments we receive will 
become part of the administrative record and may be available to the 
public. 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 publish this notice under the National 
Environmental Policy Act of 1969, as amended (42 U.S.C. 4321-4347 et 
seq.; NEPA), and its implementing regulations in the Code of Federal 
Regulations (CFR) at 40 CFR 1500-1508, as well as in compliance with 
section 10(c) of the Endangered Species Act (16 U.S.C. 1531-1544 et 
seq.; Act).

Michael Fris,
Assistant Regional Director, Pacific Southwest Region, Sacramento, 
California.
[FR Doc. 2017-06214 Filed 3-30-17; 8:45 am]
 BILLING CODE 4333-15-P