Draft Supplemental Environmental Impact Report/Environmental Impact Statement for a Proposed Amendment to the Coachella Valley Multiple Species Habitat Conservation Plan/Natural Communities Conservation Plan, Riverside County, CA, 54906-54908 [2013-21721]
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54906
Federal Register / Vol. 78, No. 173 / Friday, September 6, 2013 / Notices
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Near Islands in the Aleutians, east to
Kamishak Bay on the western side of
lower Cook Inlet, and includes waters
adjacent to the Aleutian Islands, the
Alaska Peninsula, the Kodiak
Archipelago, and the Barren Islands (see
Figure 3 of the Proposed Listing Rule;
69 FR 6605; February 11, 2004). Within
this range, sea otters generally occur in
nearshore, shallow waters less than 100
meters (328 feet) in depth. This
population experienced a rapid decline
in abundance of more than 50 percent
since the late 1980s. At the time of our
2005 final listing rule, the DPS
consisted of approximately 42,000 sea
otters.
Recovery of endangered or threatened
animals and plants to the point where
they are again secure, self-sustaining
members of their ecosystems is a
primary goal of our endangered species
program. The Act requires us to develop
recovery plans for listed species, unless
such a plan would not promote the
conservation of a particular species. We
prepare recovery plans for most listed
species native to the United States.
Recovery plans describe actions
necessary for the conservation and
survival of the species, establish criteria
for reclassifying or delisting listed
species, and estimate time and cost for
implementing needed recovery
measures. Section 4(f) of the Act
requires us to provide public notice and
an opportunity for public review and
comment during recovery plan
development.
In March 2006, the Regional Director
for the Alaska Region of the Service
formed a recovery team to serve in an
advisory capacity to develop a draft
recovery plan for the southwest Alaska
DPS of the northern sea otter.
Current Range and Threats
The current range of the southwest
Alaska DPS of the northern sea otter
extends from west to east across more
than 2400 kilometers (approximately
1,500 miles) of shoreline. The
magnitude of the population decline has
varied over the range. In some areas,
numbers have declined by more than an
order of magnitude, while in other areas
no decline has been detected. To
address such differences, this recovery
plan identifies five management units
(MUs) within the DPS: (1) Western
Aleutian Islands; (2) Eastern Aleutian
Islands; (3) South Alaska Peninsula; (4)
Bristol Bay; and (5) Kodiak Archipelago,
Kamishak Bay, and Alaska Peninsula.
The cause of the overall decline is not
known with certainty, but the weight of
evidence points to increased predation,
most likely by the killer whale, as the
most likely cause. Predation is therefore
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considered a threat to the recovery of
this DPS, but other threats, including
infectious disease, biotoxins,
contaminants, oil spills, food limitation,
disturbance, bycatch in fisheries,
subsistence harvest, loss of habitat, and
illegal take, are also considered in this
recovery plan. Threats are summarized
in general, and their relative importance
is assessed for each of the five MUs.
Most threats are assessed to be of low
importance to recovery of the DPS; the
threats judged to be most important are
predation (moderate to high importance)
and oil spills (low to moderate
importance). Threats from subsistence
harvest, illegal take, and infectious
disease are assessed to be of moderate
importance in the Kodiak, Kamishak,
and Alaska Peninsula MU, but of low
importance elsewhere.
Goals of Recovery Plan
The goal of the recovery plan is to
control or reduce threats to the
southwest Alaska DPS of the northern
sea otter to the extent that this DPS no
longer requires the protections afforded
by the Act and therefore can be delisted.
To achieve this goal, the recovery plan
identifies three objectives: (1) Achieve
and maintain a self-sustaining
population of sea otters in each MU; (2)
maintain enough sea otters to ensure
that they are playing a functional role in
their nearshore ecosystem; and (3)
mitigate threats sufficiently to ensure
persistence of sea otters. Each of these
objectives includes objective,
measurable criteria to determine if the
objective has been met; these are known
as ‘‘delisting criteria.’’ They require that,
in order for the DPS to be removed from
the Endangered and Threatened Species
List, at least three of the five MUs must
have met the delisting criteria. The plan
also contains criteria to determine if the
DPS should be considered for
reclassification as endangered; these are
known as ‘‘uplisting criteria.’’ Delisting
should not be considered if any MU
meets the criteria specified for uplisting
to endangered.
Site-specific management actions to
achieve recovery and delisting of the
DPS are specified in the recovery action
outline and narrative. As demographic
characteristics of the population
constitute one of the three types of
delisting criteria, population monitoring
and population modeling are high
priorities. Monitoring the status of the
kelp forest ecosystem in the Western
Aleutian and Eastern Aleutian
management units is also a high
priority, as results from such monitoring
will be needed to evaluate the
ecosystem-based delisting criteria. Other
high-priority actions include identifying
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characteristics of sea otter habitat, and
ensuring that adequate oil spill response
capability exists in southwest Alaska.
As predation is considered to be the
most important threat to recovery,
additional research on that topic is also
a high priority. The recovery
implementation schedule provides
details regarding the timing, costs, and
agencies or entities responsible for
implementing each recovery action
necessary to achieve the recovery plan’s
objectives and goal.
We welcome continuing input on this
recovery plan, and we will consider
information received on an ongoing
basis to inform the implementation of
recovery activities and any future
updates to the recovery plan.
Authority: The authority for this action is
section 4(f) of the Act, 16 U.S.C. 1533(f).
Dated: August 29, 2013.
Geoffrey L. Haskett,
Regional Director, Alaska Region, U.S. Fish
and Wildlife Service.
[FR Doc. 2013–21718 Filed 9–5–13; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R8–ES–2013–N166:
FXES11120800000F2–134–FF08ECAR00]
Draft Supplemental Environmental
Impact Report/Environmental Impact
Statement for a Proposed Amendment
to the Coachella Valley Multiple
Species Habitat Conservation Plan/
Natural Communities Conservation
Plan, Riverside County, CA
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability.
AGENCY:
This notice advises the public
that we, the U.S. Fish and Wildlife
Service (Service), have received
applications for incidental take permits
pursuant to the Endangered Species Act
of 1973, as amended (Act), from the City
of Desert Hot Springs and Mission
Springs Water District (MSWD),
Riverside County, California. The
Service, in cooperation and
coordination with the Coachella Valley
Conservation Commission (CVCC), has
prepared a joint draft Supplemental
Environmental Impact Report/
Environmental Impact Statement (draft
Supplemental EIR/EIS) under the
National Environmental Policy Act
(NEPA) for the proposed amendment to
the Coachella Valley Multiple Species
Habitat Conservation Plan/Natural
Communities Conservation Plan
SUMMARY:
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Federal Register / Vol. 78, No. 173 / Friday, September 6, 2013 / Notices
(CVMSHCP, or Plan), to include Desert
Hot Springs and MSWD as permittees to
the Plan. The draft Supplemental EIR/
EIS supplements the approved and
certified September 2007 Final
Recirculated EIR/EIS for the CVMSHCP
(72 FR 63922; November 13, 2007) and
considers the environmental effects
associated with the approval of an
amendment to the existing incidental
take permit under section 10(a)(1)(B) of
the Act. The draft Supplemental EIR/EIS
has been prepared to analyze the effects
of the addition of Desert Hot Springs
and MSWD as permittees to the
CVMSHCP. The analyses provided in
the draft Supplemental EIR/EIS are
intended to inform the public of the
proposed action, alternatives, and
associated impacts; address public
comments received during the scoping
period for the draft Supplemental EIR/
EIS; disclose the direct, indirect, and
cumulative environmental effects of the
proposed action and each of the
alternatives; and indicate any
irreversible commitment of resources
that would result from implementation
of the proposed action.
We will accept comments
received or postmarked on or before
October 21, 2013. We will consider all
written requests for public meetings. To
accommodate scheduling of meetings
and allow sufficient time to publicize
them, all requests for meetings must be
received within 15 days after
publication in the Federal Register (see
DATES, ADDRESSES, and FOR FURTHER
INFORMATION CONTACT). Please indicate
the reasons why a meeting is desired
(desired outcomes), desired format of
the meeting, who is requesting the
meeting (an individual, group, or
groups), and desired meeting
location(s).
DATES:
Obtaining Documents: You
may download copies of the draft
Supplemental EIR/EIS to the approved
and certified September 2007 Final
Recirculated EIR/EIS for the CVMSHCP
and amended Plan on the Internet at
https://www.cvmshcp.org. Alternatively,
you may use one of the methods below
to request hard copies or a CD–ROM of
the documents. Please send your
requests or comments by any one of the
following methods, and specify
‘‘CVMSHCP’’ in your request or
comment.
Submitting Comments: You may
submit comments or requests for copies
or more information by one of the
following methods.
• Email: fw8cfwocomments@fws.gov.
Include CVMSHCP in the subject line of
the message.
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ADDRESSES:
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• U.S. Mail: U.S. Fish and Wildlife
Service, Palm Springs Fish and Wildlife
Office, Attn: Mr. Kennon A. Corey,
Assistant Field Supervisor, 777 East
Tahquitz Canyon Way, Suite 208, Palm
Springs, CA 92262.
• In-Person Drop-off, Viewing, or
Pickup: Telephone 760–322–2070, to
make an appointment during regular
business hours to drop off comments or
view received comments at address
identified above.
• Fax: Mr. Kennon A. Corey,
Assistant Field Supervisor, 760–322–
4648, Attn: CVMSHCP.
FOR FURTHER INFORMATION CONTACT:
Jenness McBride, Division Chief,
Coachella and Imperial Valleys, 777
East Tahquitz Canyon Way, Suite 208,
Palm Springs, CA 92262; telephone
760–322–2070. Persons who use a
telecommunications device for the deaf
(TDD) may call the Federal Information
Relay Service (FIRS) at 800–877–8339 to
contact the above individual during
normal business hours. The FIRS is
available 24 hours a day, 7 days a week,
to leave a message or question with the
above individual. You will receive a
reply during normal business hours.
SUPPLEMENTARY INFORMATION: We, the
U.S. Fish and Wildlife Service (Service),
announce the availability of our draft
Supplemental EIR/EIS to the approved
and certified September 2007 Final
Recirculated EIR/EIS for the CVMSHCP
in accordance with the National
Environmental Policy Act of 1969, as
amended (42 U.S.C. 4321 et seq.;
NEPA), and its implementing
regulations in the Code of Federal
Regulations (CFR) at 40 CFR 1506.6, as
well as in compliance with section 10(c)
of the Endangered Species Act (Act) of
1973, as amended (16 U.S.C. 1531 et
seq.). The draft Supplemental EIR/EIS
considers the environmental effects
associated with adding Desert Hot
Springs and MSWD as Permittees to the
CVMSHCP and amending the existing
incidental take permit.
Background
Section 9 of the Act (16 U.S.C. 1531
et seq.) and Federal regulations at 50
CFR 17 prohibit the ‘‘take’’ of fish and
wildlife species listed as endangered or
threatened. Take of listed fish and
wildlife is defined under the Act as to
‘‘harass, harm, pursue, hunt, shoot,
wound, kill, trap, capture, or collect
listed animal species, or to attempt to
engage in such conduct’’ (16 U.S.C.
1538). Harm includes significant habitat
modification or degradation that results
in death or injury to listed species by
significantly impairing essential
behavioral patterns, including breeding,
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54907
feeding, or sheltering (50 CFR 17.3).
Under limited circumstances, we may
issue permits to authorize incidental
take of listed wildlife species, which the
Act defines as take that is incidental to,
and not the purpose of, the carrying out
of otherwise lawful activities.
Regulations governing incidental take
permits for threatened and endangered
species are at 50 CFR 17.32 and 17.22,
respectively. In addition to meeting
other criteria, activities covered by an
incidental take permit must not
jeopardize the continued existence in
the wild of federally listed wildlife or
plants.
In February 2006, the Final
CVMSHCP and associated Final EIR/EIS
were released for review and approval
by the participating jurisdictions and
agencies as part of the application
process to support the issuance of take
authorizations by the Service. However,
Desert Hot Springs voted to not approve
the Plan in June 2006. Subsequently, the
Coachella Valley Association of
Governments (CVAG) Executive
Committee rescinded its approval of the
Plan and directed that Desert Hot
Springs be removed as a Permittee. A
revised Plan and associated EIR/EIS
were prepared and recirculated that
removed Desert Hot Springs and made
other modifications consistent with
direction from the CVAG Executive
Committee.
The revised and recirculated
CVMSHCP was approved and the
associated Final Recirculated EIR/EIS
was certified by CVAG and the CVCC in
September 2007 and subsequently by all
local Permittees by the end of October
2007. The state Permittees (Caltrans,
Coachella Valley Mountains
Conservancy, and California State Parks)
approved the Plan and signed the
Implementing Agreement in March
2008. The Final Recirculated
CVMSHCP, which did not include
Desert Hot Springs, received final State
and Federal permits on September 9 and
October 1, 2008, respectively.
In a reversal of their June 2006
decision, Desert Hot Springs City
Council reconsidered their decision and
unanimously approved a Memorandum
of Understanding (MOU) in October
2007, to enter into negotiations for
Desert Hot Springs to join the
CVMSHCP as a Permittee. The MOU
was subsequently approved by the
CVCC, CVAG, and the County of
Riverside in February 2008. Subsequent
to Desert Hot Springs’ decision, the
MSWD has also made the decision to
join the CVMSHCP as a Permittee. The
addition of both entities as Permittees
has been evaluated in the Supplemental
EIR/EIS.
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54908
Federal Register / Vol. 78, No. 173 / Friday, September 6, 2013 / Notices
The amendment to reinstate Desert
Hot Springs proposes that the Plan
provisions and boundaries be revised
according to the February 2006
CVMSHCP, with modifications as
described in the September 2007 Final
Recirculated CVMSHCP, to provide for
the Riverside County Flood Control and
Water Conservation District’s future
flood control facility. Therefore, the
current Conservation Area boundaries
would be amended to include all of the
private lands within Desert Hot Springs’
city limits and restore the original
boundaries of the Upper Mission Creek/
Big Morongo Canyon and Whitewater
Canyon Conservation Areas within
Desert Hot Springs’ city limits. Adding
Desert Hot Springs as a Permittee
requires a Major Amendment to the
CVMSHCP in accordance with the
requirements outlined in Section 6.12.4
of the Plan. The procedures outlined in
Section 6.12.4 state that major
amendments require the same process to
be followed as the original CVMSHCP
approval, including California
Environmental Quality Act and NEPA
compliance.
In addition, MSWD, not previously a
participating agency, has also applied to
join the CVMSHCP as a Permittee.
MSWD and Desert Hot Springs have
proposed that a number of infrastructure
projects be included as Covered
Activities under the Plan. Covered
Activities include certain activities
carried out or conducted by Permittees,
Participating Special Entities, Third
Parties Granted Take Authorization, and
others within the CVMSHCP Plan Area,
as described in Section 7 of the
CVMSHCP, that will receive Take
Authorization under the Service’s
section 10(a)(1)(B) permit and the State
NCCP Permit, provided these activities
are otherwise lawful. Examples of
Desert Hot Springs proposed Covered
Activities include roadway
improvement projects. Examples of
MSWD proposed Covered Activities
include construction of wells, water
storage facilities, water transmission
lines, recycled water lines, and sewer
lines. Refer to Table 2–1 and 2–2 in the
Supplemental EIR/EIS for Desert Hot
Springs and MSWD Covered Activities
list, respectively.
Covered activities will increase the
existing permitted take by 34 acres, but
inclusion of Desert Hot Springs and
MSWD will expand conservation area
boundaries in Desert Hot Springs to
include 770 acres of land to be managed
consistent with the CVMSHCP’s
conservation goals and objectives.
Fifteen of the 27 Covered Species and 5
of the 27 Natural Communities will be
affected by the Major Amendment.
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Additional take, in acres, for Covered
Species and Natural Communities are
listed in Table 4.1–1 and 4.1–2 in the
Supplemental EIR/EIS, respectively.
National Environmental Policy Act
Compliance
We formally initiated an
environmental review of the draft
Supplemental EIR/EIS through
publication of a notice of intent (NOI) to
prepare a draft Supplemental EIR/EIS in
the Federal Register on Wednesday,
March 30, 2011 (76 FR 17666). That
notice also announced a public scoping
period, during which we invited
interested parties to provide written
comments expressing their issues or
concerns related to the proposal. A
public scoping meeting was held in
Desert Hot Springs on April 4, 2011.
Based on public scoping comments,
we have prepared a draft Supplemental
EIR/EIS for the proposed action and
have made it available for public
inspection (see ADDRESSES). NEPA
requires that a range of reasonable
alternatives to the proposed action be
described. The draft Supplemental EIR/
EIS analyzes the proposed action and a
no action alternative, which were
derived in response to scoping
comments. Additionally, the
alternatives from the 2007 Recirculated
EIR/EIS were retained and analyzed as
part of the proposed major amendment
to determine if adding Desert Hot
Springs and MSWD as permittees under
the Plan would change any conclusions
contained in each of the alternatives
identified in 2007. The alternatives
addressed include a Public Lands
Alternative; Core Habitat with
Ecological Processes Alternative; and an
Enhanced Conservation Alternative.
Public Review
The Service invites the public to
comment on the permit applications,
revised CVMSHCP, and draft
Supplemental EIR/EIS during the public
comment period. Copies of the
documents will be available during a
45-day public comment period (see
DATES). If you wish to comment, you
may submit your comments to the
address listed in ADDRESSES. Before
including your address, phone number,
email address, or other personal
identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you may ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
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Next Steps
We will evaluate the applications,
associated documents, and comments
submitted to prepare a Final EIR/EIS. A
permit decision will be made no sooner
than 30 days after the publication of the
Environmental Protection Agency’s
Final EIS notice in the Federal Register
and completion of the Record of
Decision.
Dated: August 28, 2013.
Alexandra Pitts,
Deputy Regional Director, Pacific Southwest
Region, Sacramento, California.
[FR Doc. 2013–21721 Filed 9–5–13; 8:45 am]
BILLING CODE 4510–55–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[DR.5B711.IA000813]
Indian Gaming
Bureau of Indian Affairs,
Interior.
ACTION: Notice of approved Tribal-State
Class III Gaming Compact.
AGENCY:
This notice publishes the
approval of the Class III Tribal-State
Gaming Compact between the Wiyot
Tribe and the State of California.
DATES: Effective Date: September 6,
2013.
FOR FURTHER INFORMATION CONTACT:
Paula L. Hart, Director, Office of Indian
Gaming, Office of the Deputy Assistant
Secretary—Policy and Economic
Development, Washington, DC 20240,
(202) 219–4066.
SUPPLEMENTARY INFORMATION: Under
section 11 of the Indian Gaming
Regulatory Act of 1988 (IGRA) Public
Law 100–497, 25 U.S.C. 2701 et seq., the
Secretary of the Interior shall publish in
the Federal Register notice of approved
Tribal-State compacts for the purpose of
engaging in Class III gaming activities
on Indian lands. The Compact between
the State of California and the Wiyot
Tribe provides for certain payments to
the Tribe from the Wiyot Trust Fund
established by the State under this
Compact and the compact between the
State of California-North Fork Rancheria
of Mono Indians. In exchange for these
payments, the Tribe agrees to forgo
operation of Class III gaming on its
lands. Pursuant to 25 CFR 293.4, all
compacts are subject to review and
approval by the Secretary. Pursuant to
25 CFR 293.15, an approved compact
takes effect on the date that notice of its
approval is published in the Federal
Register. The compact terminates on
December 31, 2033.
SUMMARY:
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]]>Agencies
[Federal Register Volume 78, Number 173 (Friday, September 6, 2013)]
[Notices]
[Pages 54906-54908]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-21721]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R8-ES-2013-N166: FXES11120800000F2-134-FF08ECAR00]
Draft Supplemental Environmental Impact Report/Environmental
Impact Statement for a Proposed Amendment to the Coachella Valley
Multiple Species Habitat Conservation Plan/Natural Communities
Conservation Plan, Riverside County, CA
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability.
-----------------------------------------------------------------------
SUMMARY: This notice advises the public that we, the U.S. Fish and
Wildlife Service (Service), have received applications for incidental
take permits pursuant to the Endangered Species Act of 1973, as amended
(Act), from the City of Desert Hot Springs and Mission Springs Water
District (MSWD), Riverside County, California. The Service, in
cooperation and coordination with the Coachella Valley Conservation
Commission (CVCC), has prepared a joint draft Supplemental
Environmental Impact Report/Environmental Impact Statement (draft
Supplemental EIR/EIS) under the National Environmental Policy Act
(NEPA) for the proposed amendment to the Coachella Valley Multiple
Species Habitat Conservation Plan/Natural Communities Conservation Plan
[[Page 54907]]
(CVMSHCP, or Plan), to include Desert Hot Springs and MSWD as
permittees to the Plan. The draft Supplemental EIR/EIS supplements the
approved and certified September 2007 Final Recirculated EIR/EIS for
the CVMSHCP (72 FR 63922; November 13, 2007) and considers the
environmental effects associated with the approval of an amendment to
the existing incidental take permit under section 10(a)(1)(B) of the
Act. The draft Supplemental EIR/EIS has been prepared to analyze the
effects of the addition of Desert Hot Springs and MSWD as permittees to
the CVMSHCP. The analyses provided in the draft Supplemental EIR/EIS
are intended to inform the public of the proposed action, alternatives,
and associated impacts; address public comments received during the
scoping period for the draft Supplemental EIR/EIS; disclose the direct,
indirect, and cumulative environmental effects of the proposed action
and each of the alternatives; and indicate any irreversible commitment
of resources that would result from implementation of the proposed
action.
DATES: We will accept comments received or postmarked on or before
October 21, 2013. We will consider all written requests for public
meetings. To accommodate scheduling of meetings and allow sufficient
time to publicize them, all requests for meetings must be received
within 15 days after publication in the Federal Register (see DATES,
ADDRESSES, and FOR FURTHER INFORMATION CONTACT). Please indicate the
reasons why a meeting is desired (desired outcomes), desired format of
the meeting, who is requesting the meeting (an individual, group, or
groups), and desired meeting location(s).
ADDRESSES: Obtaining Documents: You may download copies of the draft
Supplemental EIR/EIS to the approved and certified September 2007 Final
Recirculated EIR/EIS for the CVMSHCP and amended Plan on the Internet
at https://www.cvmshcp.org. Alternatively, you may use one of the
methods below to request hard copies or a CD-ROM of the documents.
Please send your requests or comments by any one of the following
methods, and specify ``CVMSHCP'' in your request or comment.
Submitting Comments: You may submit comments or requests for copies
or more information by one of the following methods.
Email: fw8cfwocomments@fws.gov. Include CVMSHCP in the
subject line of the message.
U.S. Mail: U.S. Fish and Wildlife Service, Palm Springs
Fish and Wildlife Office, Attn: Mr. Kennon A. Corey, Assistant Field
Supervisor, 777 East Tahquitz Canyon Way, Suite 208, Palm Springs, CA
92262.
In-Person Drop-off, Viewing, or Pickup: Telephone 760-322-
2070, to make an appointment during regular business hours to drop off
comments or view received comments at address identified above.
Fax: Mr. Kennon A. Corey, Assistant Field Supervisor, 760-
322-4648, Attn: CVMSHCP.
FOR FURTHER INFORMATION CONTACT: Jenness McBride, Division Chief,
Coachella and Imperial Valleys, 777 East Tahquitz Canyon Way, Suite
208, Palm Springs, CA 92262; telephone 760-322-2070. Persons who use a
telecommunications device for the deaf (TDD) may call the Federal
Information Relay Service (FIRS) at 800-877-8339 to contact the above
individual during normal business hours. The FIRS is available 24 hours
a day, 7 days a week, to leave a message or question with the above
individual. You will receive a reply during normal business hours.
SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service
(Service), announce the availability of our draft Supplemental EIR/EIS
to the approved and certified September 2007 Final Recirculated EIR/EIS
for the CVMSHCP in accordance with the National Environmental Policy
Act of 1969, as amended (42 U.S.C. 4321 et seq.; NEPA), and its
implementing regulations in the Code of Federal Regulations (CFR) at 40
CFR 1506.6, as well as in compliance with section 10(c) of the
Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et
seq.). The draft Supplemental EIR/EIS considers the environmental
effects associated with adding Desert Hot Springs and MSWD as
Permittees to the CVMSHCP and amending the existing incidental take
permit.
Background
Section 9 of the Act (16 U.S.C. 1531 et seq.) and Federal
regulations at 50 CFR 17 prohibit the ``take'' of fish and wildlife
species listed as endangered or threatened. Take of listed fish and
wildlife is defined under the Act as to ``harass, harm, pursue, hunt,
shoot, wound, kill, trap, capture, or collect listed animal species, or
to attempt to engage in such conduct'' (16 U.S.C. 1538). Harm includes
significant habitat modification or degradation that results in death
or injury to listed species by significantly impairing essential
behavioral patterns, including breeding, feeding, or sheltering (50 CFR
17.3). Under limited circumstances, we may issue permits to authorize
incidental take of listed wildlife species, which the Act defines as
take that is incidental to, and not the purpose of, the carrying out of
otherwise lawful activities.
Regulations governing incidental take permits for threatened and
endangered species are at 50 CFR 17.32 and 17.22, respectively. In
addition to meeting other criteria, activities covered by an incidental
take permit must not jeopardize the continued existence in the wild of
federally listed wildlife or plants.
In February 2006, the Final CVMSHCP and associated Final EIR/EIS
were released for review and approval by the participating
jurisdictions and agencies as part of the application process to
support the issuance of take authorizations by the Service. However,
Desert Hot Springs voted to not approve the Plan in June 2006.
Subsequently, the Coachella Valley Association of Governments (CVAG)
Executive Committee rescinded its approval of the Plan and directed
that Desert Hot Springs be removed as a Permittee. A revised Plan and
associated EIR/EIS were prepared and recirculated that removed Desert
Hot Springs and made other modifications consistent with direction from
the CVAG Executive Committee.
The revised and recirculated CVMSHCP was approved and the
associated Final Recirculated EIR/EIS was certified by CVAG and the
CVCC in September 2007 and subsequently by all local Permittees by the
end of October 2007. The state Permittees (Caltrans, Coachella Valley
Mountains Conservancy, and California State Parks) approved the Plan
and signed the Implementing Agreement in March 2008. The Final
Recirculated CVMSHCP, which did not include Desert Hot Springs,
received final State and Federal permits on September 9 and October 1,
2008, respectively.
In a reversal of their June 2006 decision, Desert Hot Springs City
Council reconsidered their decision and unanimously approved a
Memorandum of Understanding (MOU) in October 2007, to enter into
negotiations for Desert Hot Springs to join the CVMSHCP as a Permittee.
The MOU was subsequently approved by the CVCC, CVAG, and the County of
Riverside in February 2008. Subsequent to Desert Hot Springs' decision,
the MSWD has also made the decision to join the CVMSHCP as a Permittee.
The addition of both entities as Permittees has been evaluated in the
Supplemental EIR/EIS.
[[Page 54908]]
The amendment to reinstate Desert Hot Springs proposes that the
Plan provisions and boundaries be revised according to the February
2006 CVMSHCP, with modifications as described in the September 2007
Final Recirculated CVMSHCP, to provide for the Riverside County Flood
Control and Water Conservation District's future flood control
facility. Therefore, the current Conservation Area boundaries would be
amended to include all of the private lands within Desert Hot Springs'
city limits and restore the original boundaries of the Upper Mission
Creek/Big Morongo Canyon and Whitewater Canyon Conservation Areas
within Desert Hot Springs' city limits. Adding Desert Hot Springs as a
Permittee requires a Major Amendment to the CVMSHCP in accordance with
the requirements outlined in Section 6.12.4 of the Plan. The procedures
outlined in Section 6.12.4 state that major amendments require the same
process to be followed as the original CVMSHCP approval, including
California Environmental Quality Act and NEPA compliance.
In addition, MSWD, not previously a participating agency, has also
applied to join the CVMSHCP as a Permittee. MSWD and Desert Hot Springs
have proposed that a number of infrastructure projects be included as
Covered Activities under the Plan. Covered Activities include certain
activities carried out or conducted by Permittees, Participating
Special Entities, Third Parties Granted Take Authorization, and others
within the CVMSHCP Plan Area, as described in Section 7 of the CVMSHCP,
that will receive Take Authorization under the Service's section
10(a)(1)(B) permit and the State NCCP Permit, provided these activities
are otherwise lawful. Examples of Desert Hot Springs proposed Covered
Activities include roadway improvement projects. Examples of MSWD
proposed Covered Activities include construction of wells, water
storage facilities, water transmission lines, recycled water lines, and
sewer lines. Refer to Table 2-1 and 2-2 in the Supplemental EIR/EIS for
Desert Hot Springs and MSWD Covered Activities list, respectively.
Covered activities will increase the existing permitted take by 34
acres, but inclusion of Desert Hot Springs and MSWD will expand
conservation area boundaries in Desert Hot Springs to include 770 acres
of land to be managed consistent with the CVMSHCP's conservation goals
and objectives. Fifteen of the 27 Covered Species and 5 of the 27
Natural Communities will be affected by the Major Amendment. Additional
take, in acres, for Covered Species and Natural Communities are listed
in Table 4.1-1 and 4.1-2 in the Supplemental EIR/EIS, respectively.
National Environmental Policy Act Compliance
We formally initiated an environmental review of the draft
Supplemental EIR/EIS through publication of a notice of intent (NOI) to
prepare a draft Supplemental EIR/EIS in the Federal Register on
Wednesday, March 30, 2011 (76 FR 17666). That notice also announced a
public scoping period, during which we invited interested parties to
provide written comments expressing their issues or concerns related to
the proposal. A public scoping meeting was held in Desert Hot Springs
on April 4, 2011.
Based on public scoping comments, we have prepared a draft
Supplemental EIR/EIS for the proposed action and have made it available
for public inspection (see ADDRESSES). NEPA requires that a range of
reasonable alternatives to the proposed action be described. The draft
Supplemental EIR/EIS analyzes the proposed action and a no action
alternative, which were derived in response to scoping comments.
Additionally, the alternatives from the 2007 Recirculated EIR/EIS were
retained and analyzed as part of the proposed major amendment to
determine if adding Desert Hot Springs and MSWD as permittees under the
Plan would change any conclusions contained in each of the alternatives
identified in 2007. The alternatives addressed include a Public Lands
Alternative; Core Habitat with Ecological Processes Alternative; and an
Enhanced Conservation Alternative.
Public Review
The Service invites the public to comment on the permit
applications, revised CVMSHCP, and draft Supplemental EIR/EIS during
the public comment period. Copies of the documents will be available
during a 45-day public comment period (see DATES). If you wish to
comment, you may submit your comments to the address listed in
ADDRESSES. Before including your address, phone number, email address,
or other personal identifying information in your comment, you should
be aware that your entire comment--including your personal identifying
information--may be made publicly available at any time. While you may
ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.
Next Steps
We will evaluate the applications, associated documents, and
comments submitted to prepare a Final EIR/EIS. A permit decision will
be made no sooner than 30 days after the publication of the
Environmental Protection Agency's Final EIS notice in the Federal
Register and completion of the Record of Decision.
Dated: August 28, 2013.
Alexandra Pitts,
Deputy Regional Director, Pacific Southwest Region, Sacramento,
California.
[FR Doc. 2013-21721 Filed 9-5-13; 8:45 am]
BILLING CODE 4510-55-P
