[Federal Register: December 1, 2010 (Volume 75, Number 230)]
[Notices]
[Page 74740-74741]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01de10-86]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R8-ES-2010-N224; 80220-1112-0000-F2]
Measure M2 Natural Community Conservation Plan/Habitat
Conservation Plan/Master Streambed Alteration Agreement, Orange County,
CA
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of intent to prepare an Environmental Impact Statement
and conduct public scoping.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), intend to
prepare an Environmental Impact Statement (EIS) under the National
Environmental Policy Act (NEPA), regarding an expected application from
the Orange County Transportation Authority (OCTA), for an incidental
take permit (permit) authorizing incidental take of federally
threatened and endangered wildlife species under the Endangered Species
Act of 1973, as amended (ESA). We and OCTA intend to gather information
necessary to prepare a joint Environmental Impact Report (EIR)/EIS for
the Measure M2 (M2) Natural Community Conservation Plan/Habitat
Conservation Plan/Master Streambed Alteration Agreement (NCCP/HCP/
MSAA). We are furnishing this notice to announce the initiation of a
public scoping period, during which we invite other agencies, Tribes,
and the public to submit written comments providing suggestions and
information on the scope of issues and alternatives to be addressed in
the EIS.
DATES: Please send written comments on or before January 3, 2011. We
will hold a public scoping meeting on Wednesday, December 15, 2010,
from 5 p.m. to 7 p.m.
ADDRESSES: Comments: Please send written comments to Mr. James A.
Bartel, Field Supervisor, Carlsbad Fish and Wildlife Office, U.S. Fish
and Wildlife Service, 6010 Hidden Valley Road, Carlsbad, CA 92011.
Alternatively, you may submit comments by fax to (707) 822-8411.
Comments we receive will be available for public inspection, by
appointment, during normal business hours (Monday through Friday, 8
a.m. to 4:30 p.m.) at the above address.
Meeting: The public scoping meeting will be held at the Orange
County Transportation Authority, 550 South Main Street, Conference Room
103/104, Orange, CA 92863.
FOR FURTHER INFORMATION CONTACT: Jonathan Snyder, Division Chief,
Carlsbad Fish and Wildlife Office, at the address above; by telephone
at (760) 431-9440 extension 307; or by e-mail at jonathan_d_
snyder@fws.gov.
SUPPLEMENTARY INFORMATION: OCTA is preparing a habitat conservation
plan (HCP) and an application for a permit related to freeway
improvements in Orange County, California. OCTA is proposing to cover
22 species in the HCP. The purpose of the HCP is to provide protection
to natural communities and sensitive species within the jurisdictional
boundaries of Orange County, and to mitigation for the impacts on
threatened and endangered and other sensitive species for 13 planned
freeway improvement projects over 30 years.
Background
Section 9 of the ESA (16 U.S.C. 1531 et seq.) and Federal
regulations prohibit the ``take'' of a fish or wildlife species listed
as endangered or threatened. Under the ESA, the following activities
are defined as take: To harass, harm, pursue, hunt, shoot, wound, kill,
trap, capture, or collect listed wildlife species, or attempt to engage
in such conduct (16 U.S.C. 1532). However, under section 10(a)(1)(B) of
the ESA, permits may be issued to authorize ``incidental take'' of
listed wildlife species. Incidental take is defined by the ESA as take
that is incidental to, and not the purpose of, carrying out an
otherwise lawful activity. Regulations governing permits for endangered
and threatened species are at 50 CFR 17.22 and 50 CFR 17.32,
respectively.
Section 10 of the ESA specifies the requirements for the issuance
of
[[Page 74741]]
incidental take permits to non-Federal entities. Any proposed take must
be incidental to otherwise lawful activities and cannot appreciably
reduce the likelihood of the survival and recovery of the species in
the wild. The impacts of such take must also be minimized and mitigated
to the maximum extent practicable. To obtain an incidental take permit,
an applicant must prepare an HCP describing the impacts that will
likely result from the proposed taking, the measures for minimizing and
mitigating the impacts of the take, the funding available to implement
such measures, alternatives to the taking, and the reason why such
alternatives are not being implemented.
Take of listed plant species is not prohibited under the ESA, and
authorization under an ESA section 10 permit is not required. Plant
species are proposed to be included on the OCTA permit in recognition
of the conservation benefits provided for them under the HCP. All
species included on the permit (``Covered Species'') would receive
assurances under the Service's ``No Surprises'' regulation (50 CFR
17.22(b)(5) and 17.32(b)(5)).).
The proposed HCP will serve as an application for the issuance of
take authorizations by the Service to OCTA pursuant to section
10(a)(1)(B) of the ESA. The HCP will set forth a uniform and systematic
conservation strategy that ensures that impacts to Covered Species and
their habitats from activities covered by the HCP (``Covered
Activities'') are minimized and mitigated to the maximum extent
practicable. The plan area for the HCP includes all of Orange County
(about 798 square miles, or 510,720 acres), and the permit may allow
take of Covered Wildlife Species resulting from Covered Activities
anywhere in the plan area.
The HCP will be prepared to conserve the Covered Species and their
natural habitats within Orange County for future generations. The HCP
will address Covered Activities throughout Orange County that allow for
freeway improvements while at the same time protecting the natural
communities within the County.
Covered Activities in the HCP will consist of 13 freeway
improvement projects in Orange County, including improvements to
portions of I-5, I-405, I-605, SR-22, SR-55, SR-57, and SR-91.
Potential impacts to Covered Species will be addressed through a
mitigation program that includes conservation and restoration of
habitats for Covered Species in Orange County. Five percent of the
Measure M2 revenue collected for the freeway projects will be allocated
to the mitigation program. Habitat conservation and restoration
projects appropriate to offset project-related impacts will be selected
by OCTA in close coordination with the Service, California Department
of Fish and Game, and California Department of Transportation.
Currently, OCTA is proposing to cover 17 (4 listed and 13 unlisted)
animal species and 5 plant species (1 listed and 4 unlisted) for 30
years, with the opportunity to renew the permit for an additional 30
years. Listed species proposed to be included are: (1) The endangered
southwestern willow flycatcher (Empidonax trailii extimus), (2) the
threatened coastal California gnatcatcher (Polioptila californica
californica), (3) the endangered least Bell's vireo (Vireo bellii
pusillus), (4) the threatened Santa Ana sucker (Catostomus santaanae),
and (5) the endangered Braunton's milk-vetch (Astragulus brauntonii).
The unlisted species proposed to be included are: (1) Coulter's
matilija poppy (Romneya coulteri), (2) intermediate mariposa lily
(Calochortus weedii var. intermedius), (3) many stemmed dudleya
(Dudleya multicaulis), (4) southern tarplant (Centromadia parryi ssp.
australis), (5) southern pacific pond turtle (Clemmys marmorata), (6)
San Diego horned lizard (Phrynosoma coronatum blainvillei), (7) orange
throated whiptail lizard (Cnemidophorus hyperythrus beldingi), (8) red
diamond rattlesnake (Crotalus exsul), (9) coastal cactus wren
(Campylorhynchus brunneicapillus cousei), (10) coastal rufous-crowned
sparrow (Aimophila ruficeps), (11) arroyo chub (Gila orcuttii), (12)
bobcat (Lynx rufus), (13) mountain lion (Felis concolor), (14) pallid
bat (Antrozous pallidus), (15) small-footed myotis (Myotis cilioabrum),
(16) long-eared myotis (Myotis evotis), and (17) Yuma myotis (Myotis
yumanensis).
Environmental Impact Statement
Before deciding whether to issue permit, we will prepare a draft
EIS to analyze the environmental impacts associated with the issuance
of the requested permit and the implementation of the HCP by OCTA. The
EIS will be prepared in compliance with NEPA under the supervision of
the Service, which will be responsible for the scope and content of the
document. The EIS will consider the proposed action, the issuance of a
section 10(a)(1)(B) permit under the ESA, No Action (no permit), and a
reasonable range of alternatives. A detailed description of the impacts
of the proposed action and each alternative will be included in the
EIS.
The proposed action and alternatives will be evaluated against the
No Action alternative, which assumes that no permit will be issued.
Several alternatives will be considered and analyzed, representing
varying levels of conservation and impacts. The alternatives to be
considered for analysis in the EIS may include: Variations in the scope
of covered activities; variations in the location, amount, and type of
conservation; variations in permit duration; or a combination of these
elements. The EIS will also identify potentially significant direct,
indirect, and cumulative impacts on biological resources, land use, air
quality, water quality, water resources, socioeconomics, and other
environmental issues that could occur with the implementation of the
proposed action and alternatives. For all potentially significant
impacts, the EIS will identify avoidance, minimization, and mitigation
measures to reduce these impacts, where feasible, to a level below
significance.
Public Comments
Please direct any comments to the Service contact listed above in
the ADDRESSES section, and any questions to the Service contact listed
in the FOR FURTHER INFORMATION CONTACT section. All comments and
materials we receive, including names and addresses, will become part
of the administrative record and may be released 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 can 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. This notice
is provided under section 10(a) of the ESA and Service regulations for
implementing NEPA (40 CFR 1506.6).
Dated: November 24, 2010.
Margaret Kolar,
Acting Deputy Regional Director, Pacific Southwest Region, Sacramento,
California.
[FR Doc. 2010-30202 Filed 11-30-10; 8:45 am]
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