Notice of Availability of a Final Environmental Impact Report/Environmental Impact Statement for the Coachella Valley Multiple Species Habitat Conservation Plan and Natural Community Conservation Plan, Riverside County, CA, 20719-20722 [E6-5990]
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rwilkins on PROD1PC63 with NOTICES
Federal Register / Vol. 71, No. 77 / Friday, April 21, 2006 / Notices
Environmental Assessment/Habitat
Conservation Plan (EA/HCP).
DATES: To ensure consideration, written
comments must be received on or before
June 20, 2006.
ADDRESSES: Persons wishing to review
the application may obtain a copy by
writing to the Regional Director, U.S.
Fish and Wildlife Service, P.O. Box
1306, Room 4102, Albuquerque, New
Mexico 87103. Persons wishing to
review the EA/HCP may obtain a copy
by contacting Clayton Napier, U.S. Fish
and Wildlife Service, 10711 Burnet
Road, Suite 200, Austin, Texas 78758
(512/490–0057). Documents will be
available for public inspection by
written request, by appointment only,
during normal business hours (8 a.m. to
4:30 p.m.) at the Service’s Austin office.
Written data or comments concerning
the application and EA/HCP should be
submitted to the Supervisor, U.S. Fish
and Wildlife Service, 10711 Burnet
Road, Suite 200, Austin, Texas 78758.
Please refer to permit number TE–
124123–0 when submitting comments.
All comments received, including
names and addresses, will become a
part of the official administrative record
and may be made available to the
public.
FOR FURTHER INFORMATION CONTACT:
Clayton Napier at U.S. Fish and Wildlife
Service, 10711 Burnet Road, Suite 200,
Austin, Texas 78758 (512/490–0057) or
by e-mail, Clayton_Napier@fws.gov.
SUPPLEMENTARY INFORMATION: The
Applicant has applied to the Service for
a Section 10(a)(1)(B) incidental take
permit for a period of five years in order
to authorize incidental take of the
Houston toad.
Section 9 of the Act prohibits the
‘‘taking’’ of endangered species such as
the Houston toad. However, the Service,
under limited circumstances, may issue
permits to take endangered wildlife
species incidental to, and not the
purpose of, otherwise lawful activities.
We provide this notice under section
10(c) of the Act, and its implementing
regulations (50 CFR 17.22), the National
Environmental Policy Act (42 U.S.C.
4371 et seq.), and its implementing
regulations (40 CFR 1506.6).
Applicant: Blair Warren plans to
construct and operate a convenience
store on a 1.43-acre property on
Highway 71 in the Tahitian Village
Subdivision, Bastrop County, Texas.
This action will eliminate 1.43-acres
of Houston toad habitat and result in
indirect impacts within the lot. The
Applicant proposes to compensate for
incidental take of the Houston toad by
providing $4,290.00 to the Houston
Toad Conservation Fund at the National
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Fish and Wildlife Foundation for the
specific purpose of land acquisition and
management within Houston toad
habitat.
Geoffrey L. Haskett,
Acting Regional Director, Region 2,
Albuquerque, New Mexico.
[FR Doc. E6–5984 Filed 4–20–06; 8:45 am]
BILLING CODE 4510–55–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Notice of Availability of a Final
Environmental Impact Report/
Environmental Impact Statement for
the Coachella Valley Multiple Species
Habitat Conservation Plan and Natural
Community Conservation Plan,
Riverside County, CA
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability.
AGENCY:
This notice announces the
availability of the final Coachella Valley
Association of Governments Habitat
Conservation Plan and Natural
Community Conservation Plan (Plan),
final Implementing Agreement, and
final Environmental Impact Statement/
Environmental Impact Report (EIS/EIR)
for public review and comment. The
Fish and Wildlife Service (Service) is
considering the proposed action of
issuing a 75-year incidental take permit,
pursuant to section 10(a)(1)(B) of the
Endangered Species Act of 1973 as
amended (ESA), for 27 species in
response to receipt of an application
from the Coachella Valley Association
of Governments (CVAG), Coachella
Valley Conservation Commission,
County of Riverside, Riverside County
Flood Control and Water Conservation
District, Riverside County Parks and
Open Space District, Riverside County
Waste Management District, Coachella
Valley Water District, Imperial Irrigation
District, California Department of
Transportation, California Department
of Parks and Recreation, Coachella
Valley Mountains Conservancy, and the
cities of Cathedral City, Coachella,
Desert Hot Springs, Indian Wells, Indio,
La Quinta, Palm Desert, Palm Springs,
and Rancho Mirage (Applicants). The
proposed permit would authorize take
of individual members of animal species
listed under the Federal Endangered
Species Act of 1973, as amended (ESA).
The permit is needed because take of
species could occur during proposed
urban development activities, rural
infrastructure projects, and preserve
management activities within a 1.1
SUMMARY:
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20719
million-acre planning area located in
the Coachella Valley, California.
The Final Plan also incorporates a
Public Use and Trails Plan which
includes proposals that address nonmotorized recreation activities on
Federal and non-Federal lands in the
Santa Rosa and San Jacinto Mountains.
The Bureau of Land Management (BLM)
is a Cooperating Agency in this
planning process and will use this EIR/
EIS to make decisions on BLMadministered public lands pertaining to
trail use in the Santa Rosa and San
Jacinto Mountains. These proposals
constitute activity (implementation)
level actions in furtherance of the
California Desert Conservation Area
Plan (1980), as amended, and the Santa
Rosa and San Jacinto Mountains
National Monument Management Plan
(2004). The BLM will issue a separate
record of decision regarding nonmotorized recreation activities on public
lands.
The 30-day waiting period will
end on May 22, 2006. Written comments
must be received on or before this date.
DATES:
Comments should be sent to
Mr. James Bartel, Field Supervisor, Fish
and Wildlife Service, Carlsbad Fish and
Wildlife Office, 6010 Hidden Valley
Road, Carlsbad, California 92011;
facsimile (760) 431–9624.
ADDRESSES:
(1)
Jim Sullivan, Director of Environmental
Resources, CVAG, 73710 Fred Waring
Drive, Room 119, Palm Desert, CA
92260, (760) 346–1127; or, (2) Ms.
Therese O’Rourke, Assistant Field
Supervisor, 6010 Hidden Valley Road,
Carlsbad, California 92011, (760) 431–
9440.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Availability of Documents
Copies of the Plan, Implementation
Agreement, and Final EIR/EIS are
available for public review, by
appointment, during regular business
hours, at the Carlsbad Fish and Wildlife
Office and at the CVAG office (see FOR
FURTHER INFORMATION CONTACT).
The documents can also be viewed on
the World Wide Web at https://
www.cvmshcp.org. Copies are also
available for viewing in each of the
Applicant cities, in public libraries, the
Riverside County Planning
Departments, as follows:
(1) Riverside County Planning
Department: 4080 Lemon Street, 9th
Floor Riverside, California 92502.
(2) Riverside County Planning: 82675
Hwy 111, Room 209, Indio, California
92201.
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Federal Register / Vol. 71, No. 77 / Friday, April 21, 2006 / Notices
(3) U.S. Bureau of Land Management:
690 Garnet Avenue, North Palm
Springs, California 92258.
(4) City of Palm Springs: 3200 E.
Tahquitz Canyon Way, Palm Springs,
California 92262.
(5) City of Cathedral City: 68–700
Avenida Lalo Guerrero, Cathedral City,
California 92234.
(6) City of La Quinta: 78–495 Calle
Tampico, La Quinta, California 92253.
(7) City of Rancho Mirage: 69825
Highway 111, Rancho Mirage, California
92270.
(8) City of Palm Desert: 73–510 Fred
Waring Drive, Palm Desert, California
92260.
(9) City of Indio: 100 Civic Center
Mall, Indio, California 92201.
(10) City of Indian Wells: 44950 El
Dorado Drive, Indian Wells, California
92210.
(11) City of Coachella: 1515 Sixth
Street, Coachella, California 92236.
(12) City of Desert Hot Springs: 65950
Pierson Boulevard, Desert Hot Springs,
California 92240.
(13) Cathedral City Public Library:
33520 Date Palm Drive, Cathedral City,
California 92234.
(14) Coachella Branch Library: 1538
7th Street, Coachella Valley, California
92260.
(15) Desert Hot Springs Public
Library: 1691 West Drive, Desert Hot
Springs, California 92240.
(16) Indio Public Library: 200 Civic
Center Mall, Indio, California 92201.
(17) Lake Tamarisk Branch Library:
Lake Tamarisk Drive, Desert Center,
California 92239.
(18) La Quinta Public Library: 78080
Calle Estado, La Quinta, California
92253.
(19) Mecca-North Shore Branch
Library: 65250 Cahuilla, Mecca,
California 92254.
(20) Palm Springs City Library: 300
South Sunrise Way, Palm Springs,
California 92262.
(21) Rancho Mirage Public Library:
42–520 Bob Hope Drive, Rancho Mirage,
California 92270.
(22) Riverside County Library: Palm
Desert Branch, 73–300 Fred Waring
Drive Palm Desert, California 92260.
(23) Thousand Palms Library: 72–715
La Canada Way, Thousand Palms,
California 92276.
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Background Information
Section 9 of the Federal ESA of 1973,
as amended and Federal regulations
prohibit the take of fish and wildlife
species listed as endangered or
threatened (16 U.S.C. 1538). The term
‘‘take’’ means to harass, harm, pursue,
hunt, shoot, wound, kill, trap, capture,
or collect, or to attempt to engage in any
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such conduct (16 U.S.C. 1532). 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, the Service may
issue permits to authorize incidental
take of listed fish or wildlife; i.e., take
that is incidental to, and not the
purpose of, otherwise lawful activity.
Regulations governing incidental take
permits for threatened and endangered
species are found in 50 CFR 17.32 and
17.22, respectively.
Although take of listed plant species
is not prohibited under the Federal ESA,
and therefore cannot be authorized
under an incidental take permit, plant
species may be included on a permit in
recognition of the conservation benefits
provided to them under a habitat
conservation plan. All species included
on an incidental take permit would
receive assurances under the Services
‘‘No Surprises’’ regulation 50 CFR
17.22(b)(5) and 17.32(b)(5).
The Service has received an
application for an incidental take permit
for implementation of the Plan. The
application was prepared and submitted
by the CVAG on behalf of all the
Applicants: Riverside County; the cities
of Cathedral City, Coachella, Desert Hot
Springs, Indian Wells, Indio, La Quinta,
Palm Desert, Palm Springs, Rancho
Mirage; California Department of
Transportation, California Department
of Parks and Recreation, Coachella
Valley Association of Governments,
Coachella Valley Conservation
Commission, Coachella Valley
Mountains Conservancy, Coachella
Valley Water District, Imperial Irrigation
District, Riverside County Flood Control
and Water Conservation District,
Riverside County Regional Parks and
Open Space District, and Riverside
County Waste Management Department.
The CVAG prepared the Plan to satisfy
the application requirements for a
section 10(a)(1)(B) permit under the
Federal ESA, of 1973, as amended, and
a section 2835 permit under the
California Natural Community
Conservation Planning Act of 2002
(NCCPA). Thus, the Plan constitutes a
Habitat Conservation Plan pursuant to
the Federal ESA, and a Natural
Community Conservation Plan pursuant
to the California NCCPA.
The CVAG seeks a 75-year incidental
take permit for covered activities within
a proposed 1.1 million-acre planning
area, located entirely in eastern
Riverside County, California. CVAG has
requested a permit for 27 species, 10 of
which are currently listed as threatened
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or endangered under the Federal ESA.
Of these 27 species, CVAG requests a
permit and assurances for 22 animal
species and assurances for 5 plant
species.
Proposed covered species include 6
wildlife species currently listed as
endangered under the Federal ESA
[Desert pupfish (Cyprinodon macularis),
Arroyo toad (Bufo californicus), Yuma
Clapper Rail (Rallus longirostris
yumanensis), Southwestern willow
flycatcher (Empidonax traillii extimus),
Least Bell’s vireo (Vireo bellii pusillus),
Peninsular bighorn sheep (Ovis
canadensis nelsoni)], 2 plant species
currently listed as endangered under the
Federal ESA [Coachella Valley milkvetch (Astragalus lentiginosus var.
coachellae), and Triple-ribbed
milkvetch (Astragalus tricarinatus)],
and 2 wildlife species currently listed as
threatened under the Federal ESA
[Desert Tortoise (Gopherus agassizii)
and, Coachella Valley fringe-toed lizard
(Uma inornata)]. Proposed covered
species also include 15 wildlife species
and 3 plant species that are not listed
under the Federal ESA at the current
time.
If the proposed Plan is approved and
the permit issued, take authorization of
covered listed wildlife species would be
effective at the time of permit issuance.
Take of the currently non-listed covered
wildlife species would be authorized
concurrent with the species’ listing
under the Federal ESA, should they be
listed during the duration of the permit.
The Plan is intended to be a
comprehensive and multi-jurisdictional
document, providing for regional
species conservation and habitat
planning, while allowing the
prospective Permittees to better manage
anticipated growth and development.
The Plan also is intended to provide a
coordinated process for permitting and
mitigating the take of covered species as
an alternative to the current project-byproject approach.
If the Plan is approved, the Local
Permittees would review development
applications for compliance with the
terms of the Plan. Take authorization
would be issued to these parties by the
Local Permittees if the project is
consistent with the Plan. As part of the
standard development review process,
projects would typically require
separate environmental review under
the California Environmental Quality
Act and, in some cases, the National
Environmental Policy Act. In addition,
the permit will provide incidental take
authorization for public projects,
operations and maintenance activities,
management and monitoring activities
in the Plan area by Permittees.
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Federal Register / Vol. 71, No. 77 / Friday, April 21, 2006 / Notices
An Implementing Entity, called the
Coachella Valley Conservation
Commission (CVCC), would be
responsible for conducting broad
conservation and management
measures, such as acquiring and
maintaining preserve land, restoring and
enhancing habitat, tracking the success
of the conservation strategy, and
instituting any necessary changes.
Projects conducted by the CVCC would
be consistent with the Plan and receive
coverage for take.
In order to comply with the
requirements of the Federal ESA,
California ESA, and the California
NCCPA, the proposed Plan addresses a
number of required elements, including:
Species and habitat goals and objectives;
evaluation of the effects of covered
activities on covered species, including
indirect and cumulative effects; a
conservation strategy; a monitoring and
adaptive management program;
descriptions of changed circumstances
and remedial measures; identification of
funding sources; and an assessment of
alternatives to take of listed species.
Covered Activities would include
public and private development within
the plan area that requires certain
ministerial and discretionary actions by
an Applicant subject to consistency
with the Plan policies, regional
transportation facilities, maintenance of
and safety improvements on existing
roads, the Circulation Elements of the
Applicants, maintenance and
construction of flood control facilities,
and compatible uses in the reserve. The
Plan makes a provision for the inclusion
of special districts and other nonApplicant entities in the permit with a
certificate of inclusion.
The Plan includes measures to avoid
and minimize incidental take of the
Covered Species, emphasizing project
design modifications to protect both
habitats and species’ individuals. 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 Plan 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
Plan’s conservation strategy.
The Plan identifies the proposed
reserve system, which will be
established from lands within 21
conservation areas that are either
adjacent or linked by biological
corridors. The acquisition program for
the reserve system is anticipated to
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occur over the first 30 years of the life
of the permit. When completed, the
reserve system will include core habitat
for Covered Species, essential ecological
processes, and biological corridors and
linkages to provide for the conservation
of the proposed Covered Species.
The Public Use and Trails Plan
element of the Plan provides for
coordinated management of trails on
public lands involving members of the
public, local jurisdictions, and State and
other Federal agencies.
On November 5, 2004, the Service
published a notice in the Federal
Register (69 FR 64581) announcing
receipt of an application for an
incidental take permit from CVAG,
Riverside County, the 9 cities and the
other Applicants, and the availability of
a Draft EIR/EIS for the application. The
Draft EIR/EIS analyzed the potential
environmental impacts that may result
from the Federal action of authorizing
incidental take anticipated to occur with
implementation of the Plan, and
identified various alternatives. We
received a total of 310 comment letters
on the Draft EIR/EIS. A response to each
comment received in these letters has
been included in Final EIR/EIS.
Alternatives
The Draft EIS/EIR considered five
alternatives in addition to the proposed
project described above including: An
alternative that would not include the
City of Palm Springs; an alternative that
includes all existing local, State, and
Federal agency land and private
conservation land with additional
management prescriptions; an
alternative that protects core habitat,
ecological processes, and biological
corridors with less land than the
proposed project alternative; an
expanded conservation alternative; and
a no project alternative.
The proposed project alternative
without the City of Palm Springs would
have remained the same as the proposed
project alternative; however,
implementation of the Plan would be
altered. The permits would have not
provided incidental take authorization
for any of the Covered Species under the
jurisdiction of the City of Palm Springs
and the mitigation fee would not be
collected on land subject to the
jurisdiction of the City of Palm Springs.
All existing conservation lands, except
those belonging to the City of Palm
Springs, would continue to be part of
the Plan Reserve System.
The public lands alternative includes
all local, State, and Federal land, and
private conservation land, in the Plan
Area. The local jurisdictions would
contribute to the management of the
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20721
existing conservation lands as
mitigation. This alternative entails no
land acquisition; only core habitat,
essential ecological processes, and
linkages that happen to be on existing
public conservation lands or private
conservation lands would be protected.
As a result, sand transport, watershed,
and other ecological processes would
not be protected.
The core habitat with ecological
processes alternative would protect core
habitat for the species and natural
communities included in the plan, as
well as ecological processes necessary to
sustain these habitats. This alternative
creates new preserve areas in the Snow
Creek area and at the Whitewater River
delta at the northwest end of the Salton
Sea. Based on comments in the ISA
report, comments received from
California Department of Fish and Game
(CDFG) and the Service, and other
information, this alternative was
subsequently revised to develop the
proposed project alternative.
The enhanced conservation
alternative expanded on the public
lands alternative by including all
additional areas that were
recommended for further consideration
by the Service and CDFG. This
alternative would result in less impact
than the proposed project alternative
and increased the number of acres to be
conserved by approximately 10,200
acres. Much of the area anticipated for
conservation under this alternative
would cause significant land use
conflicts and increased costs.
The No Project alternative entails no
plan being developed and no permits
issued. Individual projects would have
to seek their own incidental take
permits or avoid take by not developing
portions of the project site that would
result in take of a listed species. This
alternative would preclude impacts to
listed species from activities covered
under the plan; however, conservation
of species and habitats provided
through mitigation and compensation
under the existing regulatory framework
could result in a pattern of conservation
that is fragmented and managed in a
piecemeal fashion.
National Environmental Policy Act
Proposed permit issuance triggers the
need for compliance with the National
Environmental Policy Act (NEPA) and
the California Environmental Quality
Act (CEQA). Accordingly, a joint NEPA/
CEQA document has been prepared.
The Service is the Lead Agency
responsible for compliance under NEPA
and the BLM is a Cooperating Agency,
and CVAG is the Lead Agency with
responsibility for compliance with
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CEQA. As NEPA lead agency, the
Service is providing notice of the
availability of the final EIS/EIR and is
making available for public review the
responses to comments on the Draft EIS/
EIR.
Public Review
The Service and CVAG invite the
public to review the Final Plan, Final
EIR/EIS, and Final Implementing
Agreement during a 30-day waiting
period [see DATES]. Any comments
received, including names and
addresses, will become part of the
administrative record and may be made
available to the public.
The Service will evaluate the
application, associated documents, and
comments submitted to them to prepare
a Record of Decision. A permit decision
will be made no sooner than 30 days
after the publication of the Final EIR/
EIS and completion of the Record of
Decision.
This notice is provided pursuant to
section 10(a) of the Federal ESA and
Service regulations for implementing
NEPA, as amended (40 CFR 1506.6). We
provide this notice in order to allow the
public, agencies, or other organizations
to review these documents.
Dated: April 7, 2006.
Alexandra Pitts,
Acting Deputy Manager, California/Nevada
Operations Office, Sacramento, California.
[FR Doc. E6–5990 Filed 4–20–06; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Comprehensive Conservation Plan and
Environmental Assessment for Seney
National Wildlife Refuge and Kirtland’s
Warbler Wildlife Management Area in
Michigan, Swan Lake National Wildlife
Refuge in Missouri, and St. Croix and
Leopold Wetland Management
Districts in Wisconsin
Fish and Wildlife Service,
Interior.
ACTION: Notice of intent.
rwilkins on PROD1PC63 with NOTICES
AGENCY:
SUMMARY: This notice advises the public
that the U.S. Fish and Wildlife Service
(Service) intends to gather information
necessary to prepare Comprehensive
Conservation Plans (CCP) and
Environmental Assessments (EA) for the
following National Wildlife Refuges
(NWR), Wildlife Management Area
(WMA), and Wetland Management
Districts (WMD): Seney NWR in the
Upper Peninsula, Michigan and
Kirtland’s Warbler WMA in 8 counties
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in the northern Lower Peninsula,
Michigan, Swan Lake NWR in Chariton
County, Missouri, Leopold WMD with
lands in 16 counties in southeastern
Wisconsin, and St. Croix WMD with
lands in 8 counties in western
Wisconsin. The CCPs will describe how
we intend to manage the refuges and
districts for the next 15 years.
The Service is furnishing this notice
in compliance with the National
Wildlife Refuge System Administration
Act of 1966, as amended (16 U.S.C.
668dd et seq.), and the National
Environmental Policy Act (NEPA).
Open house style meetings and
possibly focus group meetings and
workshops will be held during the
scoping phase of the CCP development
process to obtain additional suggestions
and information on the scope of
alternatives and impacts to be
considered.
In addition, the Service is inviting
comments on archeological, historic,
and traditional cultural sites in
accordance with the National Historic
Preservation Act.
Special mailings, newspaper articles,
internet postings, and other media
announcements will inform people of
the opportunities for written comments.
ADDRESSES: Comments for Seney NWR
or Kirtland’s Warbler WMA can be
mailed to: Refuge Manager, Seney
National Wildlife Refuge, 1674 Refuge
Entrance Road, Seney, Michigan 49883.
Comments for Swan Lake NWR can be
mailed to: Refuge Manager, Swan Lake
National Wildlife Refuge, 16194 Swan
Lake Avenue, Sumner, Missouri 64681.
Comments for Leopold WMD can be
mailed to: District Manager, W10040
Cascade Mountain Road, Portage,
Wisconsin 53901.
Comments for St. Croix WMD can be
mailed to: District Manager, 1764 95th
Street, New Richmond, Wisconsin
54017.
You may also find information on the
CCP planning process and submit
comments electronically on the
planning Web site https://www.fws.gov/
midwest/planning or you may e-mail
comments to r3planning@fws.gov.
FOR FURTHER INFORMATION CONTACT:
Tracy Casselman, Seney NWR or
Kirtland’s Warbler WMA, at 906–586–
9851 or John Guthrie, Swan Lake NWR,
at 660–856–3323 or Steve Lenz, Leopold
WMD, at 608–742–7100 or Chet
McCarty, St. Croix WMD, at 715–246–
7784.
The
National Wildlife Refuge System
Administration Act of 1966, as amended
by the National Wildlife Refuge System
Improvement Act of 1997 (16 U.S.C.
SUPPLEMENTARY INFORMATION:
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668dd–668ee et seq.), requires the
Service to develop a CCP for each
National Wildlife Refuge. Land parcels
managed by the Service within a
Wetland Management District are also
units of the National Wildlife Refuge
System. The purpose in developing a
CCP is to provide refuge and district
managers with a 15-year strategy for
achieving refuge purposes and
contributing toward the mission of the
National Wildlife Refuge System,
consistent with sound principles of fish
and wildlife management, conservation,
legal mandates, and Service policies. In
addition to outlining broad management
direction on conserving wildlife and
their habitats, the CCP identifies
wildlife-dependent recreational
opportunities available to the public,
including opportunities for hunting,
fishing, wildlife observation and
photography, and environmental
education and interpretation. We will
review and update these CCPs at least
every 15 years in accordance with the
National Wildlife Refuge System
Administration Act of 1966, as amended
by the National Wildlife Refuge System
Improvement Act of 1997, and the
National Environmental Policy Act of
1969 (42 U.S.C. 4321–4370d).
By Federal law, all lands within the
National Wildlife Refuge System are to
be managed in accordance with an
approved CCP. The CCP guides
management decisions and identifies
refuge goals, long-range objectives, and
strategies for achieving refuge purposes.
The CCP will provide other agencies
and the public with a clear
understanding of the desired conditions
for Refuge, Wildlife Management Area,
and Wetland Management District lands
and how the Service will implement
management strategies.
The CCP planning process will
consider many elements, including
wildlife and habitat management,
habitat protection and acquisition,
wilderness preservation, public
recreational activities and cultural
resource preservation. Public input into
this planning process is essential.
The Service will prepare an
Environmental Assessment (EA) for
each CCP in accordance with
procedures for implementing NEPA
found in the Departmental Manual 516
DM 6, Appendix 1.
Review of this project will be
conducted in accordance with the
requirements of the National
Environmental Policy Act of 1969, as
amended (42 U.S.C. 4321 et seq.), NEPA
Regulations (40 CFR 1500–1508), other
appropriate Federal laws and
regulations, and Service policies and
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21APN1
Agencies
[Federal Register Volume 71, Number 77 (Friday, April 21, 2006)]
[Notices]
[Pages 20719-20722]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-5990]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Notice of Availability of a Final Environmental Impact Report/
Environmental Impact Statement for the Coachella Valley Multiple
Species Habitat Conservation Plan and Natural Community Conservation
Plan, Riverside County, CA
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability.
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SUMMARY: This notice announces the availability of the final Coachella
Valley Association of Governments Habitat Conservation Plan and Natural
Community Conservation Plan (Plan), final Implementing Agreement, and
final Environmental Impact Statement/Environmental Impact Report (EIS/
EIR) for public review and comment. The Fish and Wildlife Service
(Service) is considering the proposed action of issuing a 75-year
incidental take permit, pursuant to section 10(a)(1)(B) of the
Endangered Species Act of 1973 as amended (ESA), for 27 species in
response to receipt of an application from the Coachella Valley
Association of Governments (CVAG), Coachella Valley Conservation
Commission, County of Riverside, Riverside County Flood Control and
Water Conservation District, Riverside County Parks and Open Space
District, Riverside County Waste Management District, Coachella Valley
Water District, Imperial Irrigation District, California Department of
Transportation, California Department of Parks and Recreation,
Coachella Valley Mountains Conservancy, and the cities of Cathedral
City, Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta,
Palm Desert, Palm Springs, and Rancho Mirage (Applicants). The proposed
permit would authorize take of individual members of animal species
listed under the Federal Endangered Species Act of 1973, as amended
(ESA). The permit is needed because take of species could occur during
proposed urban development activities, rural infrastructure projects,
and preserve management activities within a 1.1 million-acre planning
area located in the Coachella Valley, California.
The Final Plan also incorporates a Public Use and Trails Plan which
includes proposals that address non-motorized recreation activities on
Federal and non-Federal lands in the Santa Rosa and San Jacinto
Mountains. The Bureau of Land Management (BLM) is a Cooperating Agency
in this planning process and will use this EIR/EIS to make decisions on
BLM-administered public lands pertaining to trail use in the Santa Rosa
and San Jacinto Mountains. These proposals constitute activity
(implementation) level actions in furtherance of the California Desert
Conservation Area Plan (1980), as amended, and the Santa Rosa and San
Jacinto Mountains National Monument Management Plan (2004). The BLM
will issue a separate record of decision regarding non-motorized
recreation activities on public lands.
DATES: The 30-day waiting period will end on May 22, 2006. Written
comments must be received on or before this date.
ADDRESSES: Comments should be sent to Mr. James Bartel, Field
Supervisor, Fish and Wildlife Service, Carlsbad Fish and Wildlife
Office, 6010 Hidden Valley Road, Carlsbad, California 92011; facsimile
(760) 431-9624.
FOR FURTHER INFORMATION CONTACT: (1) Jim Sullivan, Director of
Environmental Resources, CVAG, 73710 Fred Waring Drive, Room 119, Palm
Desert, CA 92260, (760) 346-1127; or, (2) Ms. Therese O'Rourke,
Assistant Field Supervisor, 6010 Hidden Valley Road, Carlsbad,
California 92011, (760) 431-9440.
SUPPLEMENTARY INFORMATION:
Availability of Documents
Copies of the Plan, Implementation Agreement, and Final EIR/EIS are
available for public review, by appointment, during regular business
hours, at the Carlsbad Fish and Wildlife Office and at the CVAG office
(see FOR FURTHER INFORMATION CONTACT).
The documents can also be viewed on the World Wide Web at https://
www.cvmshcp.org. Copies are also available for viewing in each of the
Applicant cities, in public libraries, the Riverside County Planning
Departments, as follows:
(1) Riverside County Planning Department: 4080 Lemon Street, 9th
Floor Riverside, California 92502.
(2) Riverside County Planning: 82675 Hwy 111, Room 209, Indio,
California 92201.
[[Page 20720]]
(3) U.S. Bureau of Land Management: 690 Garnet Avenue, North Palm
Springs, California 92258.
(4) City of Palm Springs: 3200 E. Tahquitz Canyon Way, Palm
Springs, California 92262.
(5) City of Cathedral City: 68-700 Avenida Lalo Guerrero, Cathedral
City, California 92234.
(6) City of La Quinta: 78-495 Calle Tampico, La Quinta, California
92253.
(7) City of Rancho Mirage: 69825 Highway 111, Rancho Mirage,
California 92270.
(8) City of Palm Desert: 73-510 Fred Waring Drive, Palm Desert,
California 92260.
(9) City of Indio: 100 Civic Center Mall, Indio, California 92201.
(10) City of Indian Wells: 44950 El Dorado Drive, Indian Wells,
California 92210.
(11) City of Coachella: 1515 Sixth Street, Coachella, California
92236.
(12) City of Desert Hot Springs: 65950 Pierson Boulevard, Desert
Hot Springs, California 92240.
(13) Cathedral City Public Library: 33520 Date Palm Drive,
Cathedral City, California 92234.
(14) Coachella Branch Library: 1538 7th Street, Coachella Valley,
California 92260.
(15) Desert Hot Springs Public Library: 1691 West Drive, Desert Hot
Springs, California 92240.
(16) Indio Public Library: 200 Civic Center Mall, Indio, California
92201.
(17) Lake Tamarisk Branch Library: Lake Tamarisk Drive, Desert
Center, California 92239.
(18) La Quinta Public Library: 78080 Calle Estado, La Quinta,
California 92253.
(19) Mecca-North Shore Branch Library: 65250 Cahuilla, Mecca,
California 92254.
(20) Palm Springs City Library: 300 South Sunrise Way, Palm
Springs, California 92262.
(21) Rancho Mirage Public Library: 42-520 Bob Hope Drive, Rancho
Mirage, California 92270.
(22) Riverside County Library: Palm Desert Branch, 73-300 Fred
Waring Drive Palm Desert, California 92260.
(23) Thousand Palms Library: 72-715 La Canada Way, Thousand Palms,
California 92276.
Background Information
Section 9 of the Federal ESA of 1973, as amended and Federal
regulations prohibit the take of fish and wildlife species listed as
endangered or threatened (16 U.S.C. 1538). The term ``take'' means to
harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or
collect, or to attempt to engage in any such conduct (16 U.S.C. 1532).
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, the Service
may issue permits to authorize incidental take of listed fish or
wildlife; i.e., take that is incidental to, and not the purpose of,
otherwise lawful activity. Regulations governing incidental take
permits for threatened and endangered species are found in 50 CFR 17.32
and 17.22, respectively.
Although take of listed plant species is not prohibited under the
Federal ESA, and therefore cannot be authorized under an incidental
take permit, plant species may be included on a permit in recognition
of the conservation benefits provided to them under a habitat
conservation plan. All species included on an incidental take permit
would receive assurances under the Services ``No Surprises'' regulation
50 CFR 17.22(b)(5) and 17.32(b)(5).
The Service has received an application for an incidental take
permit for implementation of the Plan. The application was prepared and
submitted by the CVAG on behalf of all the Applicants: Riverside
County; the cities of Cathedral City, Coachella, Desert Hot Springs,
Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs, Rancho
Mirage; California Department of Transportation, California Department
of Parks and Recreation, Coachella Valley Association of Governments,
Coachella Valley Conservation Commission, Coachella Valley Mountains
Conservancy, Coachella Valley Water District, Imperial Irrigation
District, Riverside County Flood Control and Water Conservation
District, Riverside County Regional Parks and Open Space District, and
Riverside County Waste Management Department. The CVAG prepared the
Plan to satisfy the application requirements for a section 10(a)(1)(B)
permit under the Federal ESA, of 1973, as amended, and a section 2835
permit under the California Natural Community Conservation Planning Act
of 2002 (NCCPA). Thus, the Plan constitutes a Habitat Conservation Plan
pursuant to the Federal ESA, and a Natural Community Conservation Plan
pursuant to the California NCCPA.
The CVAG seeks a 75-year incidental take permit for covered
activities within a proposed 1.1 million-acre planning area, located
entirely in eastern Riverside County, California. CVAG has requested a
permit for 27 species, 10 of which are currently listed as threatened
or endangered under the Federal ESA. Of these 27 species, CVAG requests
a permit and assurances for 22 animal species and assurances for 5
plant species.
Proposed covered species include 6 wildlife species currently
listed as endangered under the Federal ESA [Desert pupfish (Cyprinodon
macularis), Arroyo toad (Bufo californicus), Yuma Clapper Rail (Rallus
longirostris yumanensis), Southwestern willow flycatcher (Empidonax
traillii extimus), Least Bell's vireo (Vireo bellii pusillus),
Peninsular bighorn sheep (Ovis canadensis nelsoni)], 2 plant species
currently listed as endangered under the Federal ESA [Coachella Valley
milk-vetch (Astragalus lentiginosus var. coachellae), and Triple-ribbed
milkvetch (Astragalus tricarinatus)], and 2 wildlife species currently
listed as threatened under the Federal ESA [Desert Tortoise (Gopherus
agassizii) and, Coachella Valley fringe-toed lizard (Uma inornata)].
Proposed covered species also include 15 wildlife species and 3 plant
species that are not listed under the Federal ESA at the current time.
If the proposed Plan is approved and the permit issued, take
authorization of covered listed wildlife species would be effective at
the time of permit issuance. Take of the currently non-listed covered
wildlife species would be authorized concurrent with the species'
listing under the Federal ESA, should they be listed during the
duration of the permit.
The Plan is intended to be a comprehensive and multi-jurisdictional
document, providing for regional species conservation and habitat
planning, while allowing the prospective Permittees to better manage
anticipated growth and development. The Plan also is intended to
provide a coordinated process for permitting and mitigating the take of
covered species as an alternative to the current project-by-project
approach.
If the Plan is approved, the Local Permittees would review
development applications for compliance with the terms of the Plan.
Take authorization would be issued to these parties by the Local
Permittees if the project is consistent with the Plan. As part of the
standard development review process, projects would typically require
separate environmental review under the California Environmental
Quality Act and, in some cases, the National Environmental Policy Act.
In addition, the permit will provide incidental take authorization for
public projects, operations and maintenance activities, management and
monitoring activities in the Plan area by Permittees.
[[Page 20721]]
An Implementing Entity, called the Coachella Valley Conservation
Commission (CVCC), would be responsible for conducting broad
conservation and management measures, such as acquiring and maintaining
preserve land, restoring and enhancing habitat, tracking the success of
the conservation strategy, and instituting any necessary changes.
Projects conducted by the CVCC would be consistent with the Plan and
receive coverage for take.
In order to comply with the requirements of the Federal ESA,
California ESA, and the California NCCPA, the proposed Plan addresses a
number of required elements, including: Species and habitat goals and
objectives; evaluation of the effects of covered activities on covered
species, including indirect and cumulative effects; a conservation
strategy; a monitoring and adaptive management program; descriptions of
changed circumstances and remedial measures; identification of funding
sources; and an assessment of alternatives to take of listed species.
Covered Activities would include public and private development
within the plan area that requires certain ministerial and
discretionary actions by an Applicant subject to consistency with the
Plan policies, regional transportation facilities, maintenance of and
safety improvements on existing roads, the Circulation Elements of the
Applicants, maintenance and construction of flood control facilities,
and compatible uses in the reserve. The Plan makes a provision for the
inclusion of special districts and other non-Applicant entities in the
permit with a certificate of inclusion.
The Plan includes measures to avoid and minimize incidental take of
the Covered Species, emphasizing project design modifications to
protect both habitats and species' individuals. 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 Plan 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
Plan's conservation strategy.
The Plan identifies the proposed reserve system, which will be
established from lands within 21 conservation areas that are either
adjacent or linked by biological corridors. The acquisition program for
the reserve system is anticipated to occur over the first 30 years of
the life of the permit. When completed, the reserve system will include
core habitat for Covered Species, essential ecological processes, and
biological corridors and linkages to provide for the conservation of
the proposed Covered Species.
The Public Use and Trails Plan element of the Plan provides for
coordinated management of trails on public lands involving members of
the public, local jurisdictions, and State and other Federal agencies.
On November 5, 2004, the Service published a notice in the Federal
Register (69 FR 64581) announcing receipt of an application for an
incidental take permit from CVAG, Riverside County, the 9 cities and
the other Applicants, and the availability of a Draft EIR/EIS for the
application. The Draft EIR/EIS analyzed the potential environmental
impacts that may result from the Federal action of authorizing
incidental take anticipated to occur with implementation of the Plan,
and identified various alternatives. We received a total of 310 comment
letters on the Draft EIR/EIS. A response to each comment received in
these letters has been included in Final EIR/EIS.
Alternatives
The Draft EIS/EIR considered five alternatives in addition to the
proposed project described above including: An alternative that would
not include the City of Palm Springs; an alternative that includes all
existing local, State, and Federal agency land and private conservation
land with additional management prescriptions; an alternative that
protects core habitat, ecological processes, and biological corridors
with less land than the proposed project alternative; an expanded
conservation alternative; and a no project alternative.
The proposed project alternative without the City of Palm Springs
would have remained the same as the proposed project alternative;
however, implementation of the Plan would be altered. The permits would
have not provided incidental take authorization for any of the Covered
Species under the jurisdiction of the City of Palm Springs and the
mitigation fee would not be collected on land subject to the
jurisdiction of the City of Palm Springs. All existing conservation
lands, except those belonging to the City of Palm Springs, would
continue to be part of the Plan Reserve System.
The public lands alternative includes all local, State, and Federal
land, and private conservation land, in the Plan Area. The local
jurisdictions would contribute to the management of the existing
conservation lands as mitigation. This alternative entails no land
acquisition; only core habitat, essential ecological processes, and
linkages that happen to be on existing public conservation lands or
private conservation lands would be protected. As a result, sand
transport, watershed, and other ecological processes would not be
protected.
The core habitat with ecological processes alternative would
protect core habitat for the species and natural communities included
in the plan, as well as ecological processes necessary to sustain these
habitats. This alternative creates new preserve areas in the Snow Creek
area and at the Whitewater River delta at the northwest end of the
Salton Sea. Based on comments in the ISA report, comments received from
California Department of Fish and Game (CDFG) and the Service, and
other information, this alternative was subsequently revised to develop
the proposed project alternative.
The enhanced conservation alternative expanded on the public lands
alternative by including all additional areas that were recommended for
further consideration by the Service and CDFG. This alternative would
result in less impact than the proposed project alternative and
increased the number of acres to be conserved by approximately 10,200
acres. Much of the area anticipated for conservation under this
alternative would cause significant land use conflicts and increased
costs.
The No Project alternative entails no plan being developed and no
permits issued. Individual projects would have to seek their own
incidental take permits or avoid take by not developing portions of the
project site that would result in take of a listed species. This
alternative would preclude impacts to listed species from activities
covered under the plan; however, conservation of species and habitats
provided through mitigation and compensation under the existing
regulatory framework could result in a pattern of conservation that is
fragmented and managed in a piecemeal fashion.
National Environmental Policy Act
Proposed permit issuance triggers the need for compliance with the
National Environmental Policy Act (NEPA) and the California
Environmental Quality Act (CEQA). Accordingly, a joint NEPA/CEQA
document has been prepared. The Service is the Lead Agency responsible
for compliance under NEPA and the BLM is a Cooperating Agency, and CVAG
is the Lead Agency with responsibility for compliance with
[[Page 20722]]
CEQA. As NEPA lead agency, the Service is providing notice of the
availability of the final EIS/EIR and is making available for public
review the responses to comments on the Draft EIS/EIR.
Public Review
The Service and CVAG invite the public to review the Final Plan,
Final EIR/EIS, and Final Implementing Agreement during a 30-day waiting
period [see DATES]. Any comments received, including names and
addresses, will become part of the administrative record and may be
made available to the public.
The Service will evaluate the application, associated documents,
and comments submitted to them to prepare a Record of Decision. A
permit decision will be made no sooner than 30 days after the
publication of the Final EIR/EIS and completion of the Record of
Decision.
This notice is provided pursuant to section 10(a) of the Federal
ESA and Service regulations for implementing NEPA, as amended (40 CFR
1506.6). We provide this notice in order to allow the public, agencies,
or other organizations to review these documents.
Dated: April 7, 2006.
Alexandra Pitts,
Acting Deputy Manager, California/Nevada Operations Office, Sacramento,
California.
[FR Doc. E6-5990 Filed 4-20-06; 8:45 am]
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