Notice of Availability of a Final Environmental Impact Statement for the Orange County Southern Subregion Natural Community Conservation Plan/Habitat Conservation Plan, Orange County, CA, 66188-66191 [E6-18971]
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66188
Federal Register / Vol. 71, No. 218 / Monday, November 13, 2006 / Notices
maintained under the management
program of the Republic of South Africa,
for the purpose of enhancement of the
survival of the species.
Applicant: Kenneth R. Sardegna, Falls
Church, VA, PRT–138211
The applicant requests a permit to
import the sport-hunted trophy of one
male bontebok (Damaliscus pygargus
pygargus) culled from a captive herd
maintained under the management
program of the Republic of South Africa,
for the purpose of enhancement of the
survival of the species.
Applicant: James C. Bunn, Mount
Gilead, NC, PRT–135894
The applicant requests a permit to
import the sport-hunted trophy of one
male bontebok (Damaliscus pygargus
pygargus) culled from a captive herd
maintained under the management
program of the Republic of South Africa,
for the purpose of enhancement of the
survival of the species.
of the complete applications or requests
for a public hearing on these
applications should be submitted to the
Director (address above). Anyone
requesting a hearing should give
specific reasons why a hearing would be
appropriate. The holding of such a
hearing is at the discretion of the
Director.
Applicant: Philip S. Majerus, Fond Du
Lac, WI, PRT–137715
The applicant requests a permit to
import a polar bear (Ursus maritimus)
sport hunted from the Southern
Beauford Sea polar bear population in
Canada for personal, noncommercial
use.
Marine Mammals
DEPARTMENT OF THE INTERIOR
The public is invited to comment on
the following application for a permit to
conduct certain activities with marine
mammals. The application was
submitted to satisfy requirements of the
Marine Mammal Protection Act of 1972,
as amended (16 U.S.C. 1361 et seq.), and
the regulations governing marine
mammals (50 CFR Part 18). Written
data, comments, or requests for copies
Dated: October 20, 2006.
Monica Farris,
Senior Permit Biologist, Branch of Permits,
Division of Management Authority.
[FR Doc. E6–19072 Filed 11–9–06; 8:45 am]
BILLING CODE 4310–55–P
Fish and Wildlife Service
Issuance of Permits
Fish and Wildlife Service,
Interior.
ACTION: Notice of issuance of permits for
endangered species and marine
mammals.
AGENCY:
SUMMARY:
The following permits were
issued.
Documents and other
information submitted with these
applications are available for review,
subject to the requirements of the
Privacy Act and Freedom of Information
Act, by any party who submits a written
request for a copy of such documents to:
U.S. Fish and Wildlife Service, Division
of Management Authority, 4401 North
Fairfax Drive, Room 700, Arlington,
Virginia 22203; fax 703/358–2281.
FOR FURTHER INFORMATION CONTACT:
Division of Management Authority,
telephone 703/358–2104.
SUPPLEMENTARY INFORMATION: Notice is
hereby given that on the dates below, as
authorized by the provisions of the
Endangered Species Act of 1973, as
amended (16 U.S.C. 1531 et seq.), and/
or the Marine Mammal Protection Act of
1972, as amended (16 U.S.C. 1361 et
seq.), the Fish and Wildlife Service
issued the requested permits subject to
certain conditions set forth therein. For
each permit for an endangered species,
the Service found that (1) The
application was filed in good faith, (2)
the granted permit would not operate to
the disadvantage of the endangered
species, and (3) the granted permit
would be consistent with the purposes
and policy set forth in Section 2 of the
Endangered Species Act of 1973, as
amended.
ADDRESSES:
ENDANGERED SPECIES
Permit No.
Applicant
Receipt of application Federal Register notice
122178 ........
Feld Entertainment, Inc .............................................
71 FR 48938; August 22, 2006 .................................
Permit issuance
date
October 12, 2006.
MARINE MAMMALS
Permit No.
Applicant
Receipt of application Federal Register notice
127902 ........
Buckley V. Chappell ..................................................
71 FR 53464; September 11, 2006 ..........................
Dated: October 20, 2006.
Monica Farris,
Senior Permit Biologist, Branch of Permits,
Division of Management Authority.
[FR Doc. E6–19074 Filed 11–9–06; 8:45 am]
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BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Notice of Availability of a Final
Environmental Impact Statement for
the Orange County Southern
Subregion Natural Community
Conservation Plan/Habitat
Conservation Plan, Orange County, CA
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability.
AGENCY:
SUMMARY: This notice announces the
availability of the final Environmental
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Permit issuance
date
October 17, 2006.
Impact Statement (EIS) prepared
pursuant to the National Environmental
Policy Act (NEPA) for the Orange
County Southern Subregion Natural
Community Conservation Plan/Habitat
Conservation Plan (Plan), for public
review and comment. The Fish and
Wildlife Service (Service) is considering
the proposed action of issuing three 75year incidental take permits, pursuant to
section 10(a)(1)(B) of the Federal
Endangered Species Act of 1973, as
amended (ESA), for 32 species in
response to receipt of applications from
the County of Orange (County), Rancho
Mission Viejo, LLC (RMV) and Santa
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Margarita Water District (SMWD)
(Applicants). The proposed permits
would authorize take of individual
members of animal species listed under
the ESA. The permits are needed
because take of species could occur
during proposed urban development
activities and associated infrastructure
on Rancho Mission Viejo, expansion of
the Prima Deshecha Landfill, the
extension of Avenida La Pata,
maintenance and operation of Santa
Margarita Water District facilities, and
reserve management activities within an
approximately 132,000-acre Plan Area
in southern Orange County, California.
The Orange County Southern
Subregion Habitat Conservation Plan
also serves as a proposed Natural
Community Conservation Plan under
the State of California’s Natural
Community Conservation Planning Act
(NCCPA). The EIS analyzes the impacts
of the Plan/NCCP and a Master
Streambed Alteration Agreement which
involves action by the County of Orange
and the California Department of Fish
and Game. For that reason, the EIS also
serves as an Environmental Impact
Report (EIR) to satisfy requirements of
the California Environmental Quality
Act (CEQA) in addition to those of the
National Environmental Policy Act
(NEPA). Comments regarding the Final
EIS/EIR may be submitted to the Service
pursuant to NEPA during a 30-day
waiting period [See DATES].
DATES: Written comments should be
received on or before December 13,
2006.
Comments should be sent to
Mr. Jim Bartel, Field Supervisor, U.S.
Fish and Wildlife Service, Carlsbad Fish
and Wildlife Office, 6010 Hidden Valley
Road, Carlsbad, California 92011. You
may also submit comments by facsimile
to 760–918–0638.
FOR FURTHER INFORMATION CONTACT: Ms.
Karen Goebel, Assistant Field
Supervisor, 6010 Hidden Valley Road,
Carlsbad, California 92011, 760–431–
9440.
ADDRESSES:
SUPPLEMENTARY INFORMATION:
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Availability of Documents
Copies of the Plan and Appendices
A–X, the Map Book, the Implementation
Agreement, and the Final EIS/EIR are
available for public review, by
appointment, during regular business
hours, at the Carlsbad Fish and Wildlife
Office (see FOR FURTHER INFORMATION
CONTACT). Copies are also available for
viewing in select local southern Orange
County public libraries (listed below),
the Orange County Resources and
Development Management Department,
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Jkt 211001
and at the following Web site: https://
www.ocplanning.net.
1. Dana Point Library—Reference
Desk, 33841 Niguel Road, Laguna
Niguel, California 92629;
2. Laguna Hills Library—Reference
Desk, 25555 Alicia Parkway, Laguna
Hills, California 92653;
3. Laguna Niguel Library—Reference
Desk, 30341 Crown Valley Parkway,
Laguna Niguel, California 92677;
4. Mission Viejo Library—Reference
Desk, 100 Civic Center, Mission Viejo,
California 92691;
5. Rancho Santa Margarita Library—
Reference Desk, 30902 La Promesa,
Rancho Santa Margarita, California
92688;
6. San Clemente Library—Reference
Desk, 242 Avenida Del Mar, San
Clemente, California 92672;
7. San Juan Capistrano Library—
Reference Desk, 31495 El Camino Real,
San Juan Capistrano, California 92675;
and
8. Orange County Resources &
Development Management
Department—Tim Neely, 300 North
Flower Street, Santa Ana, California
92702.
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). 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(b) and 17.22(b),
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 are proposed to be included on
the permits in recognition of the
conservation benefits provided to them
under the Plan. All species included on
an incidental take permit would receive
assurances under the Service’s ‘‘No
Surprises’’ regulation (50 CFR
17.22(b)(5) and 17.32(b)(5)).
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66189
The Service has received applications
for incidental take permits supported, in
part, by the Plan. The applications were
prepared and submitted by the three
Applicants to satisfy the application
requirements for a section 10(a)(1)(B)
permit under the Federal ESA, of 1973,
as amended, a section 2835 permit
under the California Natural
Community Conservation Planning Act
of 1991 (NCCPA), and a streambed
alteration agreement under section 1600
et seq. of the California Fish and Game
Code. Thus, the Plan constitutes a
Habitat Conservation Plan pursuant to
the Federal ESA, and a Natural
Community Conservation Plan pursuant
to the NCCPA, and also addresses the
proposed master streambed alteration
agreement pursuant to the California
Department of Fish and Game Code.
The Applicants seek 75-year
incidental take permits authorizing take
incidental to covered activities within a
proposed 132,000-acre Plan Area,
located entirely in southern Orange
County, California. The Plan is one of
two large, multiple-jurisdiction habitat
planning efforts in Orange County, each
of which constitutes a ‘‘subregional’’
plan under the NCCPA.
The applicants have requested
permits for 32 species, seven of which
are currently listed as threatened or
endangered under the Federal ESA. Of
these 32 species, the Applicants request
incidental take permits for 25 animal
species and assurances for seven plant
species, all of which are collectively
referred to as ‘‘Covered Species’’ by the
Plan. Of the seven plant species, one is
listed as threatened [Thread-leaved
Brodiaea (Brodiaea filifolia)] and six are
unlisted [California Scrub Oak (Quercus
berberidifolia), Chaparral Beargrass
(Nolina cismontana), Coast Live Oak
(Quercus agrifolia), Coulter’s Saltbush
(Atriplex coulteri), Many-stemmed
Dudleya (Dudleya multicaulis), and
Southern Tarplant (Centromadia parryi
var. australis)]). In addition, two
invertebrate species, both listed as
endangered [Riverside Fairy Shrimp
(Streptocephalus woottoni) and San
Diego Fairy Shrimp (Branchinecta
sandiegonensis)] are covered; two
unlisted fish species, [Arroyo Chub
(Gila orcutti) and Partially-armored
Threespine Stickleback (Gasterosteus
aculeatus microcephalus)]); two
amphibian species, one listed as
endangered [Arroyo Toad (Bufo
californicus)] and one unlisted [Western
Spadefoot Toad (Spea hammondii)]);
seven unlisted reptile species
[California Glossy Snake (Arizona
elegans occidentalis), Coast Patch-nosed
Snake (Salvadora hexalepis virgultea),
Northern Red-diamond Rattlesnake
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(Crotalus ruber ruber), Orange-throated
Whiptail (Aspidoscelis hyperythra), Red
Coachwhip (Masticophis flagellum
piceus), San Diego ‘‘Coast’’ Horned
Lizard (Phrynosoma coronatum), and
Southwestern Pond Turtle (Emys
[=Clemmys] marmorata pallida)]); and
12 bird species, two listed as
endangered [Least Bell’s Vireo (Vireo
bellii pusillus) and Southwestern
Willow Flycatcher (Empidonax traillii
extimus)], one listed as threatened
[Coastal California Gnatcatcher
(Polioptila californica californica)], and
nine unlisted [Burrowing Owl (Athene
cunicularia), Coastal Cactus Wren
(Campylorhynchus brunneicapillus
couesi), Cooper’s Hawk (Accipiter
cooperii), Grasshopper Sparrow
(Ammodramus savannarum), Longeared Owl (Asio otus), Tricolored
Blackbird (Agelaius tricolor), Whitetailed Kite (Elanus leucurus), Yellowbreasted Chat (Icteria virens), and
Yellow Warbler (Dendroica petechia)]
are also included as Covered Species. If
the proposed Plan is approved and the
permits issued, the take authorizations
for listed covered animal species would
be effective upon permit issuance. For
currently unlisted covered animal
species, the take authorizations would
become effective concurrent with
listing, should the species be listed
under the ESA during the permit term.
The take permits would authorize take
incidental to the Covered Activities
identified in the Plan.
Proposed Covered Activities include
residential and commercial
development and associated
infrastructure on RMV, maintenance of
existing RMV ranch facilities, and
grazing on portions of the Habitat
Reserve; SMWD projects both within
and outside of RMV within the Plan
area; and the County’s expansion of the
Prima Deshecha Landfill, and extention
and improvements to Avenida La Pata.
The Plan provides for the inclusion of
additional individual land owners
within Coto de Caza who choose to
fulfill specific mitigation measures.
Individual projects would typically
require separate environmental review
under CEQA, and in some cases, NEPA.
As described in the Draft EIS/EIR, the
Plan would provide for the creation of
a Habitat Reserve encompassing
approximately 20,868 acres of habitat
permanently protected and managed to
benefit the Covered Species, in addition
to approximately 11,950 acres of
existing County Wilderness Parkland,
the 4,000-acre Audubon Starr Ranch,
and approximately 7,000 acres of
existing conservation elsewhere in the
Southern Subregion of Orange County
outside of the Cleveland National Forest
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15:22 Nov 09, 2006
Jkt 211001
that also provide habitat for the Covered
Species. Orange County will manage an
additional 531 acres for the benefit of
Covered Species on the Prima Deshecha
Landfill. As a major part of the Habitat
Reserve, approximately 16,536 acres (73
percent) of RMV land would be
preserved through a Phased Dedication
Program linked to phased development
on RMV lands. When completed, the
Habitat Reserve will include large
habitat blocks for Covered Species that
provide for essential ecological
processes and biological corridors and
linkages to provide for the conservation
of the proposed Covered Species.
In order to comply with the
requirements of the Federal ESA,
California ESA, and the California
NCCPA, the 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 potential
changed circumstances and remedial
measures; identification of funding
sources; and an assessment of
alternatives to take of listed species. 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 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.
On July 14, 2006, the Service
published a notice in the Federal
Register (71 FR 40145) announcing
receipt of an application for incidental
take permits from the Applicants. The
draft EIS/EIR 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 21 comment letters on
the draft EIS/EIR. In several cases,
interested parties submitted separate but
identical letters on both the EIS and EIR.
A response to each comment received in
all of these letters has been included in
the final EIS/EIR.
Alternatives
After an initial screening of proposed
alternatives, the draft EIS/EIR
considered four alternatives in detail in
addition to the preferred project
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described above (Alternative B–12)
including: an expanded conservation
alternative (B–8); an alternative
formulated by Orange County during the
County zoning process (B–10M); a ‘‘notake/no-streambed alteration’’
alternative (A–5); and a no-project
alternative (A–4).
Under Alternative B–8, approximately
19,130 acres (84 percent) of RMV land
would be designated as permanent open
space. Potential development would be
located on about 3,680 acres (16
percent) of RMV lands. Acquisition and
management of open space would be
provided for through dedications and
public and non-profit organization
funding of acquisitions and
management. A voluntary sale by RMV
for purpose of open space acquisition
likely would be required for substantial
areas. County housing needs would be
met to a far lesser extent than any of the
other alternatives.
Under Alternative B–10M,
approximately 15,132 acres (66 percent)
of RMV land would be designated as
permanent open space. Potential
development would be located on about
6,279 acres (27 percent, including
orchards and the Planning Area 4
reservoir) of RMV land. This alternative
would not require acquisition of reserve
land on RMV. Compared with
Alternative B–12, this alternative would
result in more development in the San
Mateo watershed.
The ‘‘no project’’ and ‘‘no take’’
programmatic alternatives are expected
to conserve less habitat than Alternative
B–12 and in an unknown configuration
through a project by project approach.
Management for remaining open space
in these alternatives is unspecified.
National Environmental Policy Act
Proposed permit issuance triggers the
need for compliance with NEPA. As
stated above, because other Orange
County and State-related actions are
covered in the Plan, there is also a need
for compliance with CEQA.
Accordingly, a joint NEPA/CEQA
document has been prepared. The
Service is the lead agency responsible
for compliance under NEPA, and
Orange County is the Lead Agency with
the responsibility for compliance with
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 invites the public to
review the Final Plan, Final EIS/EIR,
and Final Implementing Agreement
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Federal Register / Vol. 71, No. 218 / Monday, November 13, 2006 / Notices
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. Our practice is to make
comments, including names, home
addresses, home phone numbers, and
email addresses of respondents,
available for public review. Individual
respondents may request that we
withhold their names and/or homes
addresses, etc., but if you wish us to
consider withholding this information
you must state this prominently at the
beginning of your comments. In
addition, you must present a rationale
for withholding this information. This
rationale must demonstrate that
disclosure would constitute a clearly
unwarranted invasion of privacy.
Unsupported assertions will not meet
this burden. In the absence of
exceptional, documentable
circumstances, this information will be
released. We will always make
submissions from organization or
businesses, and from individuals
identifying themselves as
representatives of or officials of
organizations or businesses, available
for public inspection in their entirety.
The Service will evaluate the
application, associated documents, and
comments submitted to them to prepare
a Record of Decision. Permit decisions
will be made no sooner than 30 days
after the publication of the Final EIS/
EIR and completion of the Record of
Decision.
This notice is provided pursuant to
section 10(a) of the Federal ESA and
regulations for implementing NEPA, as
amended (40 CFR 1506.6). We provide
this notice in order to allow the public,
agencies, and/or other organizations to
review these documents.
Dated: October 26, 2006.
Ken McDermond,
Deputy Manager, California/Nevada
Operations Office, Sacramento, California.
[FR Doc. E6–18971 Filed 11–9–06; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
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[CO–150–07–1010–AL]
Notice of Public Meetings, Southwest
Colorado Resource Advisory Council
Meetings
Bureau of Land Management.
Notice of public meetings.
AGENCY:
ACTION:
SUMMARY: In accordance with the
Federal Land Policy and Management
VerDate Aug<31>2005
15:22 Nov 09, 2006
Jkt 211001
Act (FLPMA) and the Federal Advisory
Committee Act of 1972 (FACA), the U.S.
Department of the Interior, Bureau of
Land Management (BLM) Southwest
Colorado Resource Advisory Council
(RAC) will meet as indicated below.
The Southwest Colorado RAC
meetings will be held January 19, 2007;
April 20, 2007; July 20, 2007; September
21, 2007; and November 16, 2007.
66191
Dated: November 6, 2006.
Barbara Sharrow,
Uncompahgre Field Manager, Designated
Federal Officer, Southwest Colorado RAC.
[FR Doc. E6–19091 Filed 11–9–06; 8:45 am]
BILLING CODE 4310–JA–P
DATES:
The Southwest Colorado
RAC meetings will be held January 19,
2007, at the Canyons of the Ancients
National Monument Anasazi Heritage
Center, located at 27501 Highway 184,
Dolores, CO; April 20, 2007, at the
Holiday Inn Express, located at 1391 S.
Townsend Avenue, in Montrose, CO;
July 20, 2007, at The Grand Lodge, 6
Emmons Loop, Mt. Crested Butte, CO;
September 21, 2007, at the Ouray
County 4–H Event Center, 22739
Highway 550, in Ridgway, CO; and
November 16, 2007, at the Devils
Thumb Golf Club, 9900 Devils Thumb
Road, in Delta, CO.
The Southwest Colorado RAC
meetings will begin at 9 a.m. and
adjourn at approximately 4 p.m. Public
comment periods regarding matters on
the agenda will be at 2:30 p.m.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Barbara Sharrow, BLM Uncompahgre
field manager, 2505 S. Townsend
Avenue, Montrose, CO; telephone 970–
240–5300; or Melodie Lloyd, Public
Affairs Specialist, 2815 H Road, Grand
Junction, CO, telephone 970–244–3097.
The
Southwest Colorado RAC advises the
Secretary of the Interior, through the
Bureau of Land Management, on a
variety of public land issues in
Colorado.
Topics of discussion for all Southwest
Colorado RAC meetings may include
field manager and working group
reports, recreation, fire management,
land use planning, invasive species
management, energy and minerals
management, travel management,
wilderness, land exchange proposals,
cultural resource management, and
other issues as appropriate.
These meetings are open to the
public. The public may present written
comments to the RACs. Each formal
RAC meeting will also have time, as
identified above, allocated for hearing
public comments. Depending on the
number of persons wishing to comment
and time available, the time for
individual oral comments may be
limited.
SUPPLEMENTARY INFORMATION:
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[WO–260–09–1060–00–24 1A]
Wild Horse and Burro Advisory Board;
Meeting
Bureau of Land Management,
Interior.
ACTION: Announcement of meeting.
AGENCY:
SUMMARY: The Bureau of Land
Management (BLM) announces that the
Wild Horse and Burro Advisory Board
will conduct a meeting on matters
pertaining to management and
protection of wild, free-roaming horses
and burros on the Nation’s public lands.
DATES: The Advisory Board will meet
Monday, December 11, 2006 from 8 a.m.
to 5 p.m., local time. This will be a
1-day meeting.
ADDRESSES: The Advisory Board will
meet at the Imperial Palace Hotel &
Casino, 3535 Las Vegas, Blvd. South,
Las Vegas, Nevada 89109. The Imperial
Palace’s phone number is (702) 731–
3311.
Written comments pertaining to the
Advisory Board meeting should be sent
to: Bureau of Land Management,
National Wild Horse and Burro
Program, WO–260, Attention: Ramona
DeLorme, 1340 Financial Boulevard,
Reno, Nevada 89502–7147. Submit
written comments pertaining to the
Advisory Board meeting no later than
close of business, December 6, 2006. See
SUPPLEMENTARY INFORMATION section for
electronic access and filing address.
FOR FURTHER INFORMATION CONTACT:
Ramona DeLorme, Wild Horse and
Burro Administrative Assistant, (775)
861–6583. Individuals who use a
telecommunications device for the deaf
(TDD) may reach Ms. DeLorme at any
time by calling the Federal Information
Relay Service at 1 (800) 877–8339.
SUPPLEMENTARY INFORMATION:
I. Public Meeting
Under the authority of 43 CFR part
1784, the Wild Horse and Burro
Advisory Board advises the Secretary of
the Interior, the Director of the BLM, the
Secretary of Agriculture, and the Chief
of the Forest Service, on matters
pertaining to management and
protection of wild, free-roaming horses
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]]>Agencies
[Federal Register Volume 71, Number 218 (Monday, November 13, 2006)]
[Notices]
[Pages 66188-66191]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-18971]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Notice of Availability of a Final Environmental Impact Statement
for the Orange County Southern Subregion Natural Community Conservation
Plan/Habitat Conservation Plan, Orange County, CA
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability.
-----------------------------------------------------------------------
SUMMARY: This notice announces the availability of the final
Environmental Impact Statement (EIS) prepared pursuant to the National
Environmental Policy Act (NEPA) for the Orange County Southern
Subregion Natural Community Conservation Plan/Habitat Conservation Plan
(Plan), for public review and comment. The Fish and Wildlife Service
(Service) is considering the proposed action of issuing three 75-year
incidental take permits, pursuant to section 10(a)(1)(B) of the Federal
Endangered Species Act of 1973, as amended (ESA), for 32 species in
response to receipt of applications from the County of Orange (County),
Rancho Mission Viejo, LLC (RMV) and Santa
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Margarita Water District (SMWD) (Applicants). The proposed permits
would authorize take of individual members of animal species listed
under the ESA. The permits are needed because take of species could
occur during proposed urban development activities and associated
infrastructure on Rancho Mission Viejo, expansion of the Prima Deshecha
Landfill, the extension of Avenida La Pata, maintenance and operation
of Santa Margarita Water District facilities, and reserve management
activities within an approximately 132,000-acre Plan Area in southern
Orange County, California.
The Orange County Southern Subregion Habitat Conservation Plan also
serves as a proposed Natural Community Conservation Plan under the
State of California's Natural Community Conservation Planning Act
(NCCPA). The EIS analyzes the impacts of the Plan/NCCP and a Master
Streambed Alteration Agreement which involves action by the County of
Orange and the California Department of Fish and Game. For that reason,
the EIS also serves as an Environmental Impact Report (EIR) to satisfy
requirements of the California Environmental Quality Act (CEQA) in
addition to those of the National Environmental Policy Act (NEPA).
Comments regarding the Final EIS/EIR may be submitted to the Service
pursuant to NEPA during a 30-day waiting period [See DATES].
DATES: Written comments should be received on or before December 13,
2006.
ADDRESSES: Comments should be sent to Mr. Jim Bartel, Field Supervisor,
U.S. Fish and Wildlife Service, Carlsbad Fish and Wildlife Office, 6010
Hidden Valley Road, Carlsbad, California 92011. You may also submit
comments by facsimile to 760-918-0638.
FOR FURTHER INFORMATION CONTACT: Ms. Karen Goebel, Assistant Field
Supervisor, 6010 Hidden Valley Road, Carlsbad, California 92011, 760-
431-9440.
SUPPLEMENTARY INFORMATION:
Availability of Documents
Copies of the Plan and Appendices A-X, the Map Book, the
Implementation Agreement, and the Final EIS/EIR are available for
public review, by appointment, during regular business hours, at the
Carlsbad Fish and Wildlife Office (see FOR FURTHER INFORMATION
CONTACT). Copies are also available for viewing in select local
southern Orange County public libraries (listed below), the Orange
County Resources and Development Management Department, and at the
following Web site: https://www.ocplanning.net.
1. Dana Point Library--Reference Desk, 33841 Niguel Road, Laguna
Niguel, California 92629;
2. Laguna Hills Library--Reference Desk, 25555 Alicia Parkway,
Laguna Hills, California 92653;
3. Laguna Niguel Library--Reference Desk, 30341 Crown Valley
Parkway, Laguna Niguel, California 92677;
4. Mission Viejo Library--Reference Desk, 100 Civic Center, Mission
Viejo, California 92691;
5. Rancho Santa Margarita Library--Reference Desk, 30902 La
Promesa, Rancho Santa Margarita, California 92688;
6. San Clemente Library--Reference Desk, 242 Avenida Del Mar, San
Clemente, California 92672;
7. San Juan Capistrano Library--Reference Desk, 31495 El Camino
Real, San Juan Capistrano, California 92675; and
8. Orange County Resources & Development Management Department--Tim
Neely, 300 North Flower Street, Santa Ana, California 92702.
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). 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(b) and
17.22(b), 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 are proposed to be included on the permits in
recognition of the conservation benefits provided to them under the
Plan. All species included on an incidental take permit would receive
assurances under the Service's ``No Surprises'' regulation (50 CFR
17.22(b)(5) and 17.32(b)(5)).
The Service has received applications for incidental take permits
supported, in part, by the Plan. The applications were prepared and
submitted by the three Applicants to satisfy the application
requirements for a section 10(a)(1)(B) permit under the Federal ESA, of
1973, as amended, a section 2835 permit under the California Natural
Community Conservation Planning Act of 1991 (NCCPA), and a streambed
alteration agreement under section 1600 et seq. of the California Fish
and Game Code. Thus, the Plan constitutes a Habitat Conservation Plan
pursuant to the Federal ESA, and a Natural Community Conservation Plan
pursuant to the NCCPA, and also addresses the proposed master streambed
alteration agreement pursuant to the California Department of Fish and
Game Code.
The Applicants seek 75-year incidental take permits authorizing
take incidental to covered activities within a proposed 132,000-acre
Plan Area, located entirely in southern Orange County, California. The
Plan is one of two large, multiple-jurisdiction habitat planning
efforts in Orange County, each of which constitutes a ``subregional''
plan under the NCCPA.
The applicants have requested permits for 32 species, seven of
which are currently listed as threatened or endangered under the
Federal ESA. Of these 32 species, the Applicants request incidental
take permits for 25 animal species and assurances for seven plant
species, all of which are collectively referred to as ``Covered
Species'' by the Plan. Of the seven plant species, one is listed as
threatened [Thread-leaved Brodiaea (Brodiaea filifolia)] and six are
unlisted [California Scrub Oak (Quercus berberidifolia), Chaparral
Beargrass (Nolina cismontana), Coast Live Oak (Quercus agrifolia),
Coulter's Saltbush (Atriplex coulteri), Many-stemmed Dudleya (Dudleya
multicaulis), and Southern Tarplant (Centromadia parryi var.
australis)]). In addition, two invertebrate species, both listed as
endangered [Riverside Fairy Shrimp (Streptocephalus woottoni) and San
Diego Fairy Shrimp (Branchinecta sandiegonensis)] are covered; two
unlisted fish species, [Arroyo Chub (Gila orcutti) and Partially-
armored Threespine Stickleback (Gasterosteus aculeatus
microcephalus)]); two amphibian species, one listed as endangered
[Arroyo Toad (Bufo californicus)] and one unlisted [Western Spadefoot
Toad (Spea hammondii)]); seven unlisted reptile species [California
Glossy Snake (Arizona elegans occidentalis), Coast Patch-nosed Snake
(Salvadora hexalepis virgultea), Northern Red-diamond Rattlesnake
[[Page 66190]]
(Crotalus ruber ruber), Orange-throated Whiptail (Aspidoscelis
hyperythra), Red Coachwhip (Masticophis flagellum piceus), San Diego
``Coast'' Horned Lizard (Phrynosoma coronatum), and Southwestern Pond
Turtle (Emys [=Clemmys] marmorata pallida)]); and 12 bird species, two
listed as endangered [Least Bell's Vireo (Vireo bellii pusillus) and
Southwestern Willow Flycatcher (Empidonax traillii extimus)], one
listed as threatened [Coastal California Gnatcatcher (Polioptila
californica californica)], and nine unlisted [Burrowing Owl (Athene
cunicularia), Coastal Cactus Wren (Campylorhynchus brunneicapillus
couesi), Cooper's Hawk (Accipiter cooperii), Grasshopper Sparrow
(Ammodramus savannarum), Long-eared Owl (Asio otus), Tricolored
Blackbird (Agelaius tricolor), White-tailed Kite (Elanus leucurus),
Yellow-breasted Chat (Icteria virens), and Yellow Warbler (Dendroica
petechia)] are also included as Covered Species. If the proposed Plan
is approved and the permits issued, the take authorizations for listed
covered animal species would be effective upon permit issuance. For
currently unlisted covered animal species, the take authorizations
would become effective concurrent with listing, should the species be
listed under the ESA during the permit term. The take permits would
authorize take incidental to the Covered Activities identified in the
Plan.
Proposed Covered Activities include residential and commercial
development and associated infrastructure on RMV, maintenance of
existing RMV ranch facilities, and grazing on portions of the Habitat
Reserve; SMWD projects both within and outside of RMV within the Plan
area; and the County's expansion of the Prima Deshecha Landfill, and
extention and improvements to Avenida La Pata. The Plan provides for
the inclusion of additional individual land owners within Coto de Caza
who choose to fulfill specific mitigation measures. Individual projects
would typically require separate environmental review under CEQA, and
in some cases, NEPA.
As described in the Draft EIS/EIR, the Plan would provide for the
creation of a Habitat Reserve encompassing approximately 20,868 acres
of habitat permanently protected and managed to benefit the Covered
Species, in addition to approximately 11,950 acres of existing County
Wilderness Parkland, the 4,000-acre Audubon Starr Ranch, and
approximately 7,000 acres of existing conservation elsewhere in the
Southern Subregion of Orange County outside of the Cleveland National
Forest that also provide habitat for the Covered Species. Orange County
will manage an additional 531 acres for the benefit of Covered Species
on the Prima Deshecha Landfill. As a major part of the Habitat Reserve,
approximately 16,536 acres (73 percent) of RMV land would be preserved
through a Phased Dedication Program linked to phased development on RMV
lands. When completed, the Habitat Reserve will include large habitat
blocks for Covered Species that provide for essential ecological
processes and biological corridors and linkages to provide for the
conservation of the proposed Covered Species.
In order to comply with the requirements of the Federal ESA,
California ESA, and the California NCCPA, the 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
potential changed circumstances and remedial measures; identification
of funding sources; and an assessment of alternatives to take of listed
species. 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 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.
On July 14, 2006, the Service published a notice in the Federal
Register (71 FR 40145) announcing receipt of an application for
incidental take permits from the Applicants. The draft EIS/EIR 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 21 comment letters on the draft EIS/EIR. In several
cases, interested parties submitted separate but identical letters on
both the EIS and EIR. A response to each comment received in all of
these letters has been included in the final EIS/EIR.
Alternatives
After an initial screening of proposed alternatives, the draft EIS/
EIR considered four alternatives in detail in addition to the preferred
project described above (Alternative B-12) including: an expanded
conservation alternative (B-8); an alternative formulated by Orange
County during the County zoning process (B-10M); a ``no-take/no-
streambed alteration'' alternative (A-5); and a no-project alternative
(A-4).
Under Alternative B-8, approximately 19,130 acres (84 percent) of
RMV land would be designated as permanent open space. Potential
development would be located on about 3,680 acres (16 percent) of RMV
lands. Acquisition and management of open space would be provided for
through dedications and public and non-profit organization funding of
acquisitions and management. A voluntary sale by RMV for purpose of
open space acquisition likely would be required for substantial areas.
County housing needs would be met to a far lesser extent than any of
the other alternatives.
Under Alternative B-10M, approximately 15,132 acres (66 percent) of
RMV land would be designated as permanent open space. Potential
development would be located on about 6,279 acres (27 percent,
including orchards and the Planning Area 4 reservoir) of RMV land. This
alternative would not require acquisition of reserve land on RMV.
Compared with Alternative B-12, this alternative would result in more
development in the San Mateo watershed.
The ``no project'' and ``no take'' programmatic alternatives are
expected to conserve less habitat than Alternative B-12 and in an
unknown configuration through a project by project approach. Management
for remaining open space in these alternatives is unspecified.
National Environmental Policy Act
Proposed permit issuance triggers the need for compliance with
NEPA. As stated above, because other Orange County and State-related
actions are covered in the Plan, there is also a need for compliance
with CEQA. Accordingly, a joint NEPA/CEQA document has been prepared.
The Service is the lead agency responsible for compliance under NEPA,
and Orange County is the Lead Agency with the responsibility for
compliance with 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 invites the public to review the Final Plan, Final EIS/
EIR, and Final Implementing Agreement
[[Page 66191]]
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. Our practice is to make
comments, including names, home addresses, home phone numbers, and
email addresses of respondents, available for public review. Individual
respondents may request that we withhold their names and/or homes
addresses, etc., but if you wish us to consider withholding this
information you must state this prominently at the beginning of your
comments. In addition, you must present a rationale for withholding
this information. This rationale must demonstrate that disclosure would
constitute a clearly unwarranted invasion of privacy. Unsupported
assertions will not meet this burden. In the absence of exceptional,
documentable circumstances, this information will be released. We will
always make submissions from organization or businesses, and from
individuals identifying themselves as representatives of or officials
of organizations or businesses, available for public inspection in
their entirety.
The Service will evaluate the application, associated documents,
and comments submitted to them to prepare a Record of Decision. Permit
decisions will be made no sooner than 30 days after the publication of
the Final EIS/EIR and completion of the Record of Decision.
This notice is provided pursuant to section 10(a) of the Federal
ESA and regulations for implementing NEPA, as amended (40 CFR 1506.6).
We provide this notice in order to allow the public, agencies, and/or
other organizations to review these documents.
Dated: October 26, 2006.
Ken McDermond,
Deputy Manager, California/Nevada Operations Office, Sacramento,
California.
[FR Doc. E6-18971 Filed 11-9-06; 8:45 am]
BILLING CODE 4310-55-P
