Orange County Transportation Authority (OCTA) M2 Natural Community Conservation Plan/Habitat Conservation Plan, Orange County, California; Final Environmental Impact Report/Environmental Impact Statement and Habitat Conservation Plan, 16054-16056 [2017-06214]
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Federal Register / Vol. 82, No. 61 / Friday, March 31, 2017 / Notices
Strategy, Chief, Regulatory Coordination
Division, 20 Massachusetts Avenue
NW., Washington, DC 20529–2140.
FOR FURTHER INFORMATION CONTACT:
USCIS, Office of Policy and Strategy,
Regulatory Coordination Division,
Samantha Deshommes, Chief, 20
Massachusetts Avenue NW.,
Washington, DC 20529–2140, telephone
number 202–272–8377 (This is not a
toll-free number. Comments are not
accepted via telephone message). Please
note contact information provided here
is solely for questions regarding this
notice. It is not for individual case
status inquiries. Applicants seeking
information about the status of their
individual cases can check Case Status
Online, available at the USCIS Web site
at https://www.uscis.gov, or call the
USCIS National Customer Service
Center at 800–375–5283 (TTY 800–767–
1833).
SUPPLEMENTARY INFORMATION:
sradovich on DSK3GMQ082PROD with NOTICES
Comments
You may access the information
collection instrument with instructions,
or additional information by visiting the
Federal eRulemaking Portal site at:
https://www.regulations.gov and enter
USCIS–2009–0020 in the search box.
Regardless of the method used for
submitting comments or material, all
submissions will be posted, without
change, to the Federal eRulemaking
Portal at https://www.regulations.gov,
and will include any personal
information you provide. Therefore,
submitting this information makes it
public. You may wish to consider
limiting the amount of personal
information that you provide in any
voluntary submission you make to DHS.
DHS may withhold information
provided in comments from public
viewing that it determines may impact
the privacy of an individual or is
offensive. For additional information,
please read the Privacy Act notice that
is available via the link in the footer of
https://www.regulations.gov.
Written comments and suggestions
from the public and affected agencies
should address one or more of the
following four points:
(1) Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
(2) Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
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(3) Enhance the quality, utility, and
clarity of the information to be
collected; and
(4) Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses.
Overview of This Information
Collection
(1) Type of Information Collection:
Revision of a Currently Approved
Collection.
(2) Title of the Form/Collection:
Application To Register Permanent
Residence or Adjust Status, Adjustment
of Status Under Section 245(i), and
Confirmation of Bona Fide Job Offer or
Request for Job Portability Under INA
Section 204(j).
(3) Agency form number, if any, and
the applicable component of the DHS
sponsoring the collection: Form I–485,
Supplement A, and Supplement J to
Form I–485; USCIS.
(4) Affected public who will be asked
or required to respond, as well as a brief
abstract:
Primary: Individuals or households.
The information collected is used to
determine eligibility to adjust status
under section 245 of the Immigration
and Nationality Act.
(5) An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond:
Form I–485—652,599 respondents
responding at an estimated 6 hours 15
minutes per response.
Form I–485 Supplement A—36,000
respondents responding at an estimated
1 hour and 15 minutes per response.
Form I–485Supplement J—28,309
respondents responding at an estimated
1 hour per response.
There are 522,089 respondents
requiring Biometric Processing at an
estimated 1 hour and 10 minutes per
response.
(6) An estimate of the total public
burden (in hours) associated with the
collection: The total estimated annual
hour burden associated with this
collection is 4,762,897 hours.
(7) An estimate of the total public
burden (in cost) associated with the
collection: The estimated total annual
cost burden associated with this
collection of information is
$233,841,457.
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Dated: March 29, 2017.
Samantha Deshommes,
Chief, Regulatory Coordination Division,
Office of Policy and Strategy, U.S. Citizenship
and Immigration Services, Department of
Homeland Security.
[FR Doc. 2017–06494 Filed 3–30–17; 8:45 am]
BILLING CODE 9111–97–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R8–ES–2017–N021;
FF08ECAR00000–FXES1140800000–178]
Orange County Transportation
Authority (OCTA) M2 Natural
Community Conservation Plan/Habitat
Conservation Plan, Orange County,
California; Final Environmental Impact
Report/Environmental Impact
Statement and Habitat Conservation
Plan
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability.
AGENCY:
We, the U.S. Fish and
Wildlife Service, have prepared a final
environmental impact report (EIR)/
environmental impact statement (EIS)
under the National Environmental
Policy Act of 1967, as amended, and its
implementing regulations. The EIR
portion of the joint document was
prepared by the Orange County
Transportation Authority (OCTA) in
compliance with the California
Environmental Quality Act (CEQA).
This notice also announces receipt of a
final natural community conservation
plan/habitat conservation plan (HCP)
from the applicant, OTCA.
DATES: Submitting Comments: To ensure
consideration, we must receive written
comments by 5 p.m. on May 1, 2017.
ADDRESSES: Submitting Comments:
Please send written comments to Mr.
Mendel Stewart, Field Supervisor, U.S.
Fish and Wildlife Service, Carlsbad Fish
and Wildlife Office, 2177 Salk Avenue,
Suite 250, Carlsbad, CA 92008. You may
also submit comments by facsimile to
(760) 431–5901.
Information and comments related
specifically to the final EIR and the
California Environmental Quality Act
should be submitted to Mr. Dan Phu,
Orange County Transportation
Authority (Attn: M2 NCCP/HCP), 550
South Main Street, P.O. Box 14184,
Orange, CA 92863–1584.
Reviewing Documents: Documents
available for public review include the
final EIR/EIS, final NCCP/HCP, the final
Implementing Agreement, and our
SUMMARY:
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Federal Register / Vol. 82, No. 61 / Friday, March 31, 2017 / Notices
response to public comments we
received on the draft EIR/EIS and
NCCP/HCP.
For copies of the documents, please
contact the Service by telephone at (760)
431–9440, or by letter to the Carlsbad
Fish and Wildlife Office (see FOR
FURTHER INFORMATION CONTACT). Copies
of the final EIR/EIS, M2 NCCP/HCP, and
Implementing Agreement also are
available for public review, by
appointment, during regular business
hours, at the Carlsbad Fish and Wildlife
Office or at the OCTA Office (550 S.
Main Street, Orange, CA 92868). Copies
are also available for viewing in select
Orange County public libraries (listed
below) and at the OCTA’s Web site, at
https://www.octa.net/.
1. Tustin Library, 345 E. Main St.
Tustin, CA 92780.
2. Mission Viejo Library, 100 Civic
Center, Mission Viejo, CA 92691.
3. Garden Grove Regional Library,
11200 Stanford Ave., Garden Grove, CA
92840.
FOR FURTHER INFORMATION CONTACT: Ms.
Karen A. Goebel, Assistant Field
Supervisor, at the Carlsbad Fish and
Wildlife Office (see ADDRESSES) or at
(760) 431–9440 (telephone). If you use
a telecommunications device for the
deaf, please call the Federal Relay
Service at (800) 877–8339.
SUPPLEMENTARY INFORMATION: This
notice advises the public that we have
prepared a final environmental impact
report (EIR)/environmental impact
statement (EIS) under the National
Environmental Policy Act of 1967, as
amended, and its implementing
regulations. The EIR portion of the joint
document was prepared by the Orange
County Transportation Authority
(OCTA) in compliance with the
California Environmental Quality Act
(CEQA). This notice also announces
receipt of a final natural community
conservation plan/habitat conservation
plan (HCP).
sradovich on DSK3GMQ082PROD with NOTICES
Background
Section 9 of the Endangered Species
Act of 1973, as amended (Act; 16 U.S.C.
1531 et seq.), and Federal regulations
prohibit the ‘‘take’’ of fish and wildlife
species federally listed as endangered or
threatened. Take of federally listed fish
or wildlife is defined under the Act as
to harass, harm, pursue, hunt, shoot,
wound, kill, trap, capture, or collect
listed species, or attempt to engage in
such conduct (16 U.S.C. 1538). ‘‘Harm’’
includes significant habitat modification
or degradation that actually kills or
injures listed wildlife by significantly
impairing essential behavioral patterns,
including breeding, feeding, and
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sheltering (50 CFR 17.3(c)). Under
limited circumstances, we may issue
permits to authorize incidental take,
which is defined under the Act as take
that is incidental to, and not the
purpose of, otherwise lawful activities.
‘‘Take’’ under the ESA does not apply
to plant species and is not prohibited
under the ESA; however, the plant
species identified in the NCCP/HCP will
be listed on the Federal permit as
covered species in recognition of the
conservation measures provided for
them under the Plan and the applicant
would receive ‘‘No Surprises’’
regulatory assurances for all covered
species under the Federal permit.
Covered Species
The applicant seeks incidental take
authorization for 10 animal species and
assurances for 3 plant species.
Collectively, the 13 listed and unlisted
species are referred to as ‘‘covered
species’’ by the NCCP/HCP and include
3 plant species (all unlisted), 1 unlisted
fish species, 3 reptile species (all
unlisted), 4 bird species (2 endangered,
1 threatened, and 1 unlisted), and 2
mammal species (both unlisted). The
permit would provide take
authorization for all animal species and
assurances for those species and all
plant species identified by the NCCP/
HCP as ‘‘covered species.’’ Take
authorized for listed covered animal
species would be effective upon permit
issuance. For currently unlisted covered
animal species, take authorization
would become effective concurrent with
listing, should the species be listed
under the Act during the permit term.
The proposed permit would include
the following three federally listed
animal species: Least Bell’s vireo (Vireo
bellii pusillus; endangered),
southwestern willow flycatcher
(Empidonax traillii extimus;
endangered), and coastal California
gnatcatcher (Polioptila californica
californica; threatened). See the EIR/EIS
and NCCP/HCP for information on
unlisted species proposed for coverage
under the permit.
Covered Activities
The NCCP/HCP is intended to protect
and sustain viable populations of native
plant and animal species and their
habitats in perpetuity through
avoidance, minimization, and
mitigation measures. These measures
include purchasing lands for permanent
conservation, as well as performing
restoration on lands currently protected
that will enhance habitat to address
mitigation requirements associated with
the proposed NCCP/HCP. The proposed
NCCP/HCP and permit would
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16055
accommodate the implementation of the
OCTA’s 13 proposed freeway projects
designed to reduce congestion, increase
capacity, and improve traffic flow of
Orange County’s important
transportation infrastructure. It would
also accommodate management
activities conducted on the OCTA
acquired lands (or Preserves) within
Orange County.
The OCTA’s NCCP/HCP Plan Area
includes approximately 511,476 ac
(206,987 ha), encompassing all of
Orange County, California. The NCCP/
HCP is intended to function
independently of other HCPs within the
Orange County region (e.g., Central and
Coastal Orange County NCCP/HCP,
Orange County Southern HCP, and
Western Riverside County’s Multiple
Species Habitat Conservation Plan).
As described in the NCCP/HCP and
the EIR/EIS, the proposed NCCP/HCP
would provide protection measures for
species on the OCTA covered freeway
projects as well as for covered activities
within the OCTA Preserves, in part by
including purchase of lands for
permanent conservation. Covered
activities, including covered freeway
projects and covered activities within
Preserves, are estimated to directly
affect up to 154 ac (62 ha) of habitat and
indirectly affect up to 484.4 ac (196 ha)
of habitat for covered species that will
require mitigation over the 40-year term
of the permit. OCTA has purchased
seven open-space properties, totaling
1,296 ac (524 ha), of which about 1,232
ac (499 ha) is undeveloped open space
and will be available to mitigate for
project impacts to covered species. All
Preserves will have endowments set up
to cover long-term management needs.
OCTA has also approved funding for 11
habitat restoration projects in the Plan
Area, totaling over 350 ac (142 ha).
Future restoration efforts are identified
within the NCCP/HCP to further benefit
covered species.
The primary source of funding for the
NCCP/HCP will derive from the M2
transportation sales tax designed to raise
money to improve Orange County’s
transportation system. As part of the M2
sales tax initiative, a minimum of 5
percent of the revenues from the
freeway program will be set aside for the
M2 Environmental Mitigation Program
(EMP) revenues. These funds will be
used for ‘‘programmatic mitigation.’’
The development and implementation
of the M2 NCCP/HCP will use a portion
of this funding source to achieve higher
value environmental benefits such as
habitat protection, connectivity, and
resource preservation/enhancement in
exchange for streamlined project
approvals for the M2 freeway projects.
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Federal Register / Vol. 82, No. 61 / Friday, March 31, 2017 / Notices
sradovich on DSK3GMQ082PROD with NOTICES
The expenditures for key components of
the NCCP/HCP conservation strategy
that achieve upfront and comprehensive
mitigation (e.g., Preserve acquisitions
and funding of restoration projects) will
be paid for through M2 EMP revenues.
Any costs associated with implementing
avoidance and minimization measures,
as described in Section 5.6, ‘‘Avoidance
and Minimization,’’ will be funded
through the individual construction
budgets and will not rely on funding
under the M2 EMP.
The NCCP/HCP includes measures to
avoid and minimize incidental take of
the covered species, emphasizing
project design modifications to protect
covered species and their habitats. A
monitoring and reporting plan would
gauge the Plan’s success based on
achievement of biological goals and
objectives and would ensure that
conservation keeps pace with
development. The NCCP/HCP also
includes a management program,
including adaptive management, which
allows for changes in the conservation
program if the biological species
objectives are not met, or new
information becomes available to
improve the efficacy of the NCCP/HCP’s
conservation strategy.
Covered projects and activities would
include 13 discrete proposed freeway
segments in which freeway projects
have been identified for coverage under
the NCCP/HCP. These proposed projects
are designed to reduce congestion,
increase capacity, and smooth traffic
flows of Orange County’s important
transportation infrastructure. In
addition, activities related to ongoing
habitat management, restoration, and
monitoring activities by Preserve
Managers and activities necessary to
provide limited public access have been
identified for coverage. These covered
activities fall under two major
categories, including:
1. Covered freeway projects; and
2. Covered activities within Preserves,
including preserve management, trail
creation, restoration, and monitoring
activities.
National Environmental Policy Act
Compliance
The EIR/EIS analyzes two alternatives
in addition to the proposed action (i.e.,
permit issuance based on the NCCP/
HCP) described above. The other
alternatives include a no-action (i.e., no
permit) alternative and a reduced plan
alternative covering only species that
are federally or State-listed as
threatened or endangered. Two other
alternatives were considered during the
planning process but were not evaluated
because they did not meet the purpose
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and need of both the OCTA and the
Service; these alternatives involved a
no-take alternative and an alternative
requiring the OCTA to participate in
project-by-project mitigation.
The final EIR/EIS includes all
comments we received on the draft EIR/
EIS and our response to those
comments. After the 30-day waiting
period, we will complete a record of
decision that announces our decision on
the action that will be implemented and
discusses all factors leading to the
decision.
Public Review
Copies of the final EIR/EIS, NCCP/
HCP, and IA are available for review
(see Availability of Documents). Any
comments we receive will become part
of the administrative record and may be
available to the public. Before including
your address, phone number, 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.
Authority: We publish this notice under
the National Environmental Policy Act of
1969, as amended (42 U.S.C. 4321–4347 et
seq.; NEPA), and its implementing
regulations in the Code of Federal
Regulations (CFR) at 40 CFR 1500–1508, as
well as in compliance with section 10(c) of
the Endangered Species Act (16 U.S.C. 1531–
1544 et seq.; Act).
Michael Fris,
Assistant Regional Director, Pacific
Southwest Region, Sacramento, California.
[FR Doc. 2017–06214 Filed 3–30–17; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R8–ES–2017–N029;
FXES11130800000–178–FF08E00000]
Endangered Species Recovery Permit
Applications
AGENCY:
Fish and Wildlife Service,
Interior.
Notice of receipt of permit
applications; request for comment.
ACTION:
We, the U.S. Fish and
Wildlife Service, invite the public to
comment on the following applications
to conduct certain activities with
endangered species. With some
SUMMARY:
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exceptions, the Endangered Species Act
(Act) prohibits activities with
endangered and threatened species
unless a Federal permit allows such
activity. The Act also requires that we
invite public comment before issuing
recovery permits to conduct certain
activities with endangered species.
Comments on these permit
applications must be received on or
before May 1, 2017.
DATES:
Written data or comments
should be submitted to the Endangered
Species Program Manager, U.S. Fish and
Wildlife Service, Region 8, 2800 Cottage
Way, Room W–2606, Sacramento, CA
95825 (telephone: 916–414–6464; fax:
916–414–6486). Please refer to the
respective permit number for each
application when submitting comments.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Daniel Marquez, Fish and Wildlife
Biologist; see ADDRESSES (telephone:
760–431–9440; fax: 760–431–9624).
The
following applicants have applied for
scientific research permits to conduct
certain activities with endangered
species under section 10(a)(1)(A) of the
Act (16 U.S.C. 1531 et seq.). We seek
review and comment from local, State,
and Federal agencies and the public on
the following permit requests.
SUPPLEMENTARY INFORMATION:
Applicants
Permit No. TE–59573B
Applicant: Andrew Krause, Lebec,
California
The applicant requests a permit
renewal and amendment to take (harass
by survey, capture, handle, and release)
the Tipton kangaroo rat (Dipodomys
nitratoides nitratoides) and giant
kangaroo rat (Dipodomys ingens), in
conjunction with survey activities
throughout the range of the species in
California for the purpose of enhancing
the species’ survival.
Permit No. TE–180579
Applicant: Dwayne Oberhoff, Los Osos,
California
The applicant requests a permit
renewal to take (harass by survey,
capture, handle, and release) the Morro
shoulderband snail (Banded dune)
(Helminthoglypta walkeriana) in
conjunction with survey activities in
San Luis Obispo County, California, for
the purpose of enhancing the species’
survival.
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]]>Agencies
[Federal Register Volume 82, Number 61 (Friday, March 31, 2017)]
[Notices]
[Pages 16054-16056]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06214]
=======================================================================
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R8-ES-2017-N021; FF08ECAR00000-FXES1140800000-178]
Orange County Transportation Authority (OCTA) M2 Natural
Community Conservation Plan/Habitat Conservation Plan, Orange County,
California; Final Environmental Impact Report/Environmental Impact
Statement and Habitat Conservation Plan
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service, have prepared a final
environmental impact report (EIR)/environmental impact statement (EIS)
under the National Environmental Policy Act of 1967, as amended, and
its implementing regulations. The EIR portion of the joint document was
prepared by the Orange County Transportation Authority (OCTA) in
compliance with the California Environmental Quality Act (CEQA). This
notice also announces receipt of a final natural community conservation
plan/habitat conservation plan (HCP) from the applicant, OTCA.
DATES: Submitting Comments: To ensure consideration, we must receive
written comments by 5 p.m. on May 1, 2017.
ADDRESSES: Submitting Comments: Please send written comments to Mr.
Mendel Stewart, Field Supervisor, U.S. Fish and Wildlife Service,
Carlsbad Fish and Wildlife Office, 2177 Salk Avenue, Suite 250,
Carlsbad, CA 92008. You may also submit comments by facsimile to (760)
431-5901.
Information and comments related specifically to the final EIR and
the California Environmental Quality Act should be submitted to Mr. Dan
Phu, Orange County Transportation Authority (Attn: M2 NCCP/HCP), 550
South Main Street, P.O. Box 14184, Orange, CA 92863-1584.
Reviewing Documents: Documents available for public review include
the final EIR/EIS, final NCCP/HCP, the final Implementing Agreement,
and our
[[Page 16055]]
response to public comments we received on the draft EIR/EIS and NCCP/
HCP.
For copies of the documents, please contact the Service by
telephone at (760) 431-9440, or by letter to the Carlsbad Fish and
Wildlife Office (see FOR FURTHER INFORMATION CONTACT). Copies of the
final EIR/EIS, M2 NCCP/HCP, and Implementing Agreement also are
available for public review, by appointment, during regular business
hours, at the Carlsbad Fish and Wildlife Office or at the OCTA Office
(550 S. Main Street, Orange, CA 92868). Copies are also available for
viewing in select Orange County public libraries (listed below) and at
the OCTA's Web site, at https://www.octa.net/.
1. Tustin Library, 345 E. Main St. Tustin, CA 92780.
2. Mission Viejo Library, 100 Civic Center, Mission Viejo, CA
92691.
3. Garden Grove Regional Library, 11200 Stanford Ave., Garden
Grove, CA 92840.
FOR FURTHER INFORMATION CONTACT: Ms. Karen A. Goebel, Assistant Field
Supervisor, at the Carlsbad Fish and Wildlife Office (see ADDRESSES) or
at (760) 431-9440 (telephone). If you use a telecommunications device
for the deaf, please call the Federal Relay Service at (800) 877-8339.
SUPPLEMENTARY INFORMATION: This notice advises the public that we have
prepared a final environmental impact report (EIR)/environmental impact
statement (EIS) under the National Environmental Policy Act of 1967, as
amended, and its implementing regulations. The EIR portion of the joint
document was prepared by the Orange County Transportation Authority
(OCTA) in compliance with the California Environmental Quality Act
(CEQA). This notice also announces receipt of a final natural community
conservation plan/habitat conservation plan (HCP).
Background
Section 9 of the Endangered Species Act of 1973, as amended (Act;
16 U.S.C. 1531 et seq.), and Federal regulations prohibit the ``take''
of fish and wildlife species federally listed as endangered or
threatened. Take of federally listed fish or wildlife is defined under
the Act as to harass, harm, pursue, hunt, shoot, wound, kill, trap,
capture, or collect listed species, or attempt to engage in such
conduct (16 U.S.C. 1538). ``Harm'' includes significant habitat
modification or degradation that actually kills or injures listed
wildlife by significantly impairing essential behavioral patterns,
including breeding, feeding, and sheltering (50 CFR 17.3(c)). Under
limited circumstances, we may issue permits to authorize incidental
take, which is defined under the Act as take that is incidental to, and
not the purpose of, otherwise lawful activities. ``Take'' under the ESA
does not apply to plant species and is not prohibited under the ESA;
however, the plant species identified in the NCCP/HCP will be listed on
the Federal permit as covered species in recognition of the
conservation measures provided for them under the Plan and the
applicant would receive ``No Surprises'' regulatory assurances for all
covered species under the Federal permit.
Covered Species
The applicant seeks incidental take authorization for 10 animal
species and assurances for 3 plant species. Collectively, the 13 listed
and unlisted species are referred to as ``covered species'' by the
NCCP/HCP and include 3 plant species (all unlisted), 1 unlisted fish
species, 3 reptile species (all unlisted), 4 bird species (2
endangered, 1 threatened, and 1 unlisted), and 2 mammal species (both
unlisted). The permit would provide take authorization for all animal
species and assurances for those species and all plant species
identified by the NCCP/HCP as ``covered species.'' Take authorized for
listed covered animal species would be effective upon permit issuance.
For currently unlisted covered animal species, take authorization would
become effective concurrent with listing, should the species be listed
under the Act during the permit term.
The proposed permit would include the following three federally
listed animal species: Least Bell's vireo (Vireo bellii pusillus;
endangered), southwestern willow flycatcher (Empidonax traillii
extimus; endangered), and coastal California gnatcatcher (Polioptila
californica californica; threatened). See the EIR/EIS and NCCP/HCP for
information on unlisted species proposed for coverage under the permit.
Covered Activities
The NCCP/HCP is intended to protect and sustain viable populations
of native plant and animal species and their habitats in perpetuity
through avoidance, minimization, and mitigation measures. These
measures include purchasing lands for permanent conservation, as well
as performing restoration on lands currently protected that will
enhance habitat to address mitigation requirements associated with the
proposed NCCP/HCP. The proposed NCCP/HCP and permit would accommodate
the implementation of the OCTA's 13 proposed freeway projects designed
to reduce congestion, increase capacity, and improve traffic flow of
Orange County's important transportation infrastructure. It would also
accommodate management activities conducted on the OCTA acquired lands
(or Preserves) within Orange County.
The OCTA's NCCP/HCP Plan Area includes approximately 511,476 ac
(206,987 ha), encompassing all of Orange County, California. The NCCP/
HCP is intended to function independently of other HCPs within the
Orange County region (e.g., Central and Coastal Orange County NCCP/HCP,
Orange County Southern HCP, and Western Riverside County's Multiple
Species Habitat Conservation Plan).
As described in the NCCP/HCP and the EIR/EIS, the proposed NCCP/HCP
would provide protection measures for species on the OCTA covered
freeway projects as well as for covered activities within the OCTA
Preserves, in part by including purchase of lands for permanent
conservation. Covered activities, including covered freeway projects
and covered activities within Preserves, are estimated to directly
affect up to 154 ac (62 ha) of habitat and indirectly affect up to
484.4 ac (196 ha) of habitat for covered species that will require
mitigation over the 40-year term of the permit. OCTA has purchased
seven open-space properties, totaling 1,296 ac (524 ha), of which about
1,232 ac (499 ha) is undeveloped open space and will be available to
mitigate for project impacts to covered species. All Preserves will
have endowments set up to cover long-term management needs. OCTA has
also approved funding for 11 habitat restoration projects in the Plan
Area, totaling over 350 ac (142 ha). Future restoration efforts are
identified within the NCCP/HCP to further benefit covered species.
The primary source of funding for the NCCP/HCP will derive from the
M2 transportation sales tax designed to raise money to improve Orange
County's transportation system. As part of the M2 sales tax initiative,
a minimum of 5 percent of the revenues from the freeway program will be
set aside for the M2 Environmental Mitigation Program (EMP) revenues.
These funds will be used for ``programmatic mitigation.'' The
development and implementation of the M2 NCCP/HCP will use a portion of
this funding source to achieve higher value environmental benefits such
as habitat protection, connectivity, and resource preservation/
enhancement in exchange for streamlined project approvals for the M2
freeway projects.
[[Page 16056]]
The expenditures for key components of the NCCP/HCP conservation
strategy that achieve upfront and comprehensive mitigation (e.g.,
Preserve acquisitions and funding of restoration projects) will be paid
for through M2 EMP revenues. Any costs associated with implementing
avoidance and minimization measures, as described in Section 5.6,
``Avoidance and Minimization,'' will be funded through the individual
construction budgets and will not rely on funding under the M2 EMP.
The NCCP/HCP includes measures to avoid and minimize incidental
take of the covered species, emphasizing project design modifications
to protect covered species and their habitats. A monitoring and
reporting plan would gauge the Plan's success based on achievement of
biological goals and objectives and would ensure that conservation
keeps pace with development. The NCCP/HCP also includes a management
program, including adaptive management, which allows for changes in the
conservation program if the biological species objectives are not met,
or new information becomes available to improve the efficacy of the
NCCP/HCP's conservation strategy.
Covered projects and activities would include 13 discrete proposed
freeway segments in which freeway projects have been identified for
coverage under the NCCP/HCP. These proposed projects are designed to
reduce congestion, increase capacity, and smooth traffic flows of
Orange County's important transportation infrastructure. In addition,
activities related to ongoing habitat management, restoration, and
monitoring activities by Preserve Managers and activities necessary to
provide limited public access have been identified for coverage. These
covered activities fall under two major categories, including:
1. Covered freeway projects; and
2. Covered activities within Preserves, including preserve
management, trail creation, restoration, and monitoring activities.
National Environmental Policy Act Compliance
The EIR/EIS analyzes two alternatives in addition to the proposed
action (i.e., permit issuance based on the NCCP/HCP) described above.
The other alternatives include a no-action (i.e., no permit)
alternative and a reduced plan alternative covering only species that
are federally or State-listed as threatened or endangered. Two other
alternatives were considered during the planning process but were not
evaluated because they did not meet the purpose and need of both the
OCTA and the Service; these alternatives involved a no-take alternative
and an alternative requiring the OCTA to participate in project-by-
project mitigation.
The final EIR/EIS includes all comments we received on the draft
EIR/EIS and our response to those comments. After the 30-day waiting
period, we will complete a record of decision that announces our
decision on the action that will be implemented and discusses all
factors leading to the decision.
Public Review
Copies of the final EIR/EIS, NCCP/HCP, and IA are available for
review (see Availability of Documents). Any comments we receive will
become part of the administrative record and may be available to the
public. Before including your address, phone number, 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.
Authority: We publish this notice under the National
Environmental Policy Act of 1969, as amended (42 U.S.C. 4321-4347 et
seq.; NEPA), and its implementing regulations in the Code of Federal
Regulations (CFR) at 40 CFR 1500-1508, as well as in compliance with
section 10(c) of the Endangered Species Act (16 U.S.C. 1531-1544 et
seq.; Act).
Michael Fris,
Assistant Regional Director, Pacific Southwest Region, Sacramento,
California.
[FR Doc. 2017-06214 Filed 3-30-17; 8:45 am]
BILLING CODE 4333-15-P
