[Federal Register Volume 76, Number 24 (Friday, February 4, 2011)]
[Notices]
[Pages 6491-6493]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-2264]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R8-ES-2010-N261; 80221-1112-80221-F2]
San Diego County Water Authority Subregional Natural Community
Conservation Program/Habitat Conservation Plan, San Diego and Riverside
Counties, CA; Final Environmental Impact Statement and Habitat
Conservation Plan
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability.
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SUMMARY: Under the National Environmental Policy Act (NEPA), we, the
Fish and Wildlife Service (Service), announce the availability of the
final Environmental Impact Report (EIR)/Environmental Impact Statement
(EIS) on the application from the San Diego County Water Authority
(Water Authority; Applicant) for an incidental take permit under
section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended
(Act). We also announce the availability of the Water Authority's
Subregional Natural Community Conservation Program/Habitat Conservation
Plan (NCCP/HCP), which the applicant has submitted with their
incidental take permit application and Implementing Agreement (IA). If
issued, the permit would authorize incidental take of species for a 55-
year term during construction, operations, and maintenance activities
by the Applicant in San Diego and Riverside Counties, California.
DATES: A record of decision will be signed no sooner than 30 days after
the publication of the Environmental Protection Agency (EPA) notice of
the Final EIS in the Federal Register. We must receive any comments by
5 p.m. on March 7, 2011.
ADDRESSES: Send comments by U.S. mail to Mr. Jim Bartel, Field
Supervisor, at Carlsbad Fish and Wildlife Office, 6010 Hidden Valley
Road, Suite 101, Carlsbad, CA 92011; or by facsimile to (760) 431-5902.
FOR FURTHER INFORMATION CONTACT:
Ms. Karen A. Goebel, Assistant Field Supervisor, at the Carlsbad
Fish and Wildlife Office address above; or telephone (760) 431-9440.
SUPPLEMENTARY INFORMATION: We advise the public of the availability of
the final EIR/EIS on the application from Water Authority for an
incidental take permit. The EIR portion of the joint document was
prepared by the Water Authority in compliance with the California
Environmental Quality Act (CEQA).
We also announce the availability of the Water Authority
Subregional Natural Community Conservation Program/Habitat Conservation
Plan (NCCP/HCP), which the applicant has submitted with their
incidental take permit application and Implementing Agreement (IA). If
issued, the permit would authorize incidental take of 37 animal species
and provide assurances for 26 plant species (including 18 federally
listed species) during the proposed 55-year term of the permit. The
permit is needed because incidental take of federally listed animal
species could occur during construction, operations, and maintenance
activities by the Applicant within the approximately 992,000-acre
(401,450-hectare) Plan Area in western San Diego County and south-
central Riverside County, California.
Availability of Documents
Documents available for public review include the final EIR/EIS
which includes response to public comments received on the draft EIR/
EIS, the Water Authority NCCP/HCP, and the IA. 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 documents also are available for
public review, by appointment, during regular business hours, at the
Carlsbad Fish and Wildlife Office or at the San Diego County Water
Authority Office (4677 Overland Avenue, San Diego, CA 92123). Copies
are also available for viewing in select San Diego County and Riverside
County public libraries (listed below) and at the Water Authority's Web
site: http://www.sdcwa.org/.
1. Carlsbad Public Library--Reference Desk. 1775 Dove Lane,
Carlsbad, CA 92009.
2. Chula Vista Public Library--Reference Desk. 365 F Street, Chula
Vista, CA 91910.
3. Escondido Public Library--Reference Desk. 239 S. Kalmia Street,
Escondido, CA 92025.
4. Lakeside Public Library--Reference Desk. 9839 Vine Street,
Lakeside, CA 92040.
5. Mission Valley Branch Library--Reference Desk. 2123 Fento
Parkway, San Diego, CA 92108.
6. San Diego Public Library--Reference Desk. 820 E Street, San
Diego, CA 92101.
7. Temecula Public Library--Reference Desk. 30600 Pauba Road,
Temecula, CA 92592.
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
[[Page 6492]]
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. Although take of plant species is not prohibited under the
Act, and therefore cannot be authorized under an incidental take
permit, plant species are proposed to be included on the permit in
recognition of the conservation benefits provided to them under the
NCCP/HCP. Regulations governing incidental take permits for threatened
and endangered species are found in 50 CFR 17.32 and 17.22,
respectively. All species included on the incidental take permit, if
issued, would receive assurances under the Service's ``No Surprises''
regulation (50 CFR 17.22(b)(5) and 17.32(b)(5)).
The Applicant seeks incidental take authorization for 37 animal
species and assurances for 26 plant species. Collectively the 63 listed
and unlisted species are referred to as ``Covered Species'' by the
NCCP/HCP and include 26 plant species (5 endangered, 5 threatened, and
16 unlisted); 5 invertebrate species (3 endangered and 2 unlisted); 2
amphibian species (1 endangered and 1 unlisted); 9 reptile species (all
unlisted); 13 bird species (2 endangered, 1 threatened, and 10
unlisted); and 8 mammal species (1 endangered and 7 unlisted). 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 eight federally
listed animal species: Stephens' kangaroo rat (Dipodomys stephensi;
endangered), least Bell's vireo (Vireo bellii pusillus; endangered),
coastal California gnatcatcher (Polioptila californica californica;
threatented), southwestern willow flycatcher (Empidonax traillii
extimus; endangered), arroyo toad (Anaxyrus (=Bufo) californicus;
endangered), Quino checkerspot butterfly (Euphydryas editha quino;
endangered), Riverside fairy shrimp (Streptocephalus woottoni;
endangered), and San Diego fairy shrimp (Branchinecta sandiegoensis;
endangered). The proposed permit would include assurances for the
following 10 federally listed plant species: Encinitas baccharis
(Baccharis vanessae; threatened), Otay mesa mint (Pogogyne nudiuscula;
endangered), Otay tarplant (Deinandra conjugens; threatened), San Diego
ambrosia (Ambrosia pumila; endangered), San Diego button-celery
(Eryngium aristulatum var. parishii; endangered), San Diego mesa mint
(Pogogyne abramsii; endangered), San Diego thorn-mint (Acanthomintha
ilicifolia; threatened), spreading navarretia (Navarretia fossalis;
threatened), thread-leaved brodiaea (Brodiaea filifolia; threatened),
and willowy monardella (Monardella viminea; endangered). See the final
EIR/EIS and NCCP/HCP for information on unlisted species proposed for
coverage under the permit.
The Water Authority 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, including purchase of lands for permanent conservation and
use of mitigation credits in mitigation banks previously established to
address mitigation requirements associated with the proposed NCCP/HCP.
The proposed NCCP/HCP and permit would accommodate the Water
Authority's ongoing operations and maintenance requirements, future
facility upgrades, and construction of new facilities that are needed
to maintain a safe, reliable water source to its member agencies and
the San Diego region.
The Water Authority's NCCP/HCP Plan Area encompasses approximately
992,000 acres (401,450 hectares) in western San Diego County and the
vicinity of Lake Skinner in south-central Riverside County. The NCCP/
HCP is intended to function independently of other HCPs within the San
Diego region [e.g., San Diego Multiple Species Conservation Plan (MSCP)
and its associated subarea plans, and Western Riverside County's
Multiple Species Habitat Conservation Plan (MSHCP)].
As described in the NCCP/HCP and the final EIR/EIS, the proposed
NCCP/HCP would provide protection measures for species on Water
Authority property and easements, in part by using available mitigation
credits from mitigation banks previously established or in planning by
the Water Authority as habitat management areas (HMAs). Covered
activities, including planned and future projects, are estimated to
impact up to 373 acres (151 hectares) of habitat for Covered Species
that will require mitigation over the 55-year term of the permit. When
on-site mitigation for permanent impacts is not feasible, available
mitigation credits would be debited from HMAs in accordance with in-
kind mitigation ratios identified in the NCCP/HCP. The Water Authority
has established four HMAs (including three upland properties and one
wetland creation property) and will establish two addition wetland HMAs
totaling 1,920 acres (775 hectares), for which the Water Authority has
or will provide endowments for permanent management. Of these acres,
approximately 700 acres (283 hectares) would be available as credits to
mitigate for project impacts to Covered Species. Costs associated with
the NCCP/HCP would be funded as a capital cost under the Water
Authority Capital Improvement Program's (CIP) Mitigation Program or
within individually approved CIP project budgets, and/or the annual
operating budget of the Water Authority's Water Resources Department.
The Water Authority estimates its long-term financial needs based on
the CIP and has adopted a 2-year budget cycle to address short-term
funding and expenditures. Also, contingency measures have been included
in the plan should the Water Authority's costs to implement, monitor,
and report on the NCCP/HCP's measures exceed the budgeted amount. The
Water Authority maintains a diverse revenue base and consistently
evaluates existing and potential revenue sources to ensure that funding
of all Water Authority projects is adequate.
The NCCP/HCP includes measures to avoid, minimize, and mitigate
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 if new information becomes available to
improve the efficacy of the NCCP/HCP's conservation strategy.
Covered Activities would include developing new water transmission,
storage, and flow management facilities, in addition to conducting
operation and maintenance activities. These Covered Activities fall
under three primary categories, including:
(1) Construction of Capital Improvement Program Facilities;
(2) Operation and Maintenance Activities; and
(3) Preserve Area Management, Monitoring, and Adaptive Management
National Environmental Policy Act Compliance
Our proposal to issue an incidental take permit is a Federal Action
that triggers the need for compliance with NEPA. Accordingly, as the
Federal
[[Page 6493]]
agency responsible for compliance under NEPA, we have prepared jointly
with the Water Authority an EIR/EIS that analyzes three alternatives in
addition to the proposed action (i.e., permit issuance based on the
Water Authority NCCP/HCP) described above. The other alternatives
include a no-action (i.e., no permit) alternative, a larger species
list alternative, and a reduced plan area alternative. Two other
alternatives were considered during the planning process but were not
evaluated because neither met the purpose and need of both the Water
Authority and the Service; these alternatives involved a no-take
alternative and an alternative requiring the Water Authority to
participate in other existing regional HCPs.
The final EIR/EIS includes all comments we received on the draft
EIR/EIS and our responses to those comments. After the 30-day waiting
period, we will complete a Record of Decision that announces our
decision on what action will be implemented and discusses all factors
leading to the decision.
Public Involvement
We published a notice of intent to prepare an EIS for this project
in the Federal Register on November 26, 2003 (68 FR 66478). The Service
and Water Authority held a public scoping meeting on December 11, 2003.
On March 4, 2010, we published a notice of availability of the draft
EIR/EIS, draft Water Authority NCCP/HCP, and draft IA in the Federal
Register (75 FR 9921). Public meetings were held on March 17 and March
18, 2010. The draft documents were available for a 90-day public
comment period ending on June 2, 2010.
Public Review
Copies of the final EIR/EIS, Water Authority 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,
e-mail 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.
Dated: January 20, 2011.
Alexandra Pitts,
Deputy Regional Director, Pacific Southwest Region, Sacramento,
California.
[FR Doc. 2011-2264 Filed 2-3-11; 8:45 am]
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