[Federal Register Volume 79, Number 216 (Friday, November 7, 2014)]
[Notices]
[Pages 66391-66393]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-26361]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2014-N213; FXES11120000F2-145-FF08ECAR00]


Orange County Transportation Authority, Orange County, 
California; M2 Natural Community Conservation Plan/Habitat Conservation 
Plan, Draft Environmental Impact Report/Environmental Impact Statement, 
and Incidental Take Permit Application

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; notice of public meetings.

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SUMMARY: We, the Fish and Wildlife Service (Service), announce receipt 
of an application from the Orange County Transportation Authority 
(OCTA/applicant) for an incidental take permit under the Endangered 
Species Act of 1973, as amended (Act). The permit is needed to 
authorize take of listed animal species due to construction and habitat 
management and monitoring activities within areas affected by covered 
freeway projects and in preserves in Orange County, California. We have 
prepared a draft environmental impact statement (DEIS), which is the 
Federal portion of the draft environmental impact report (DEIR)/DEIS, 
to analyze the impacts of issuing an incidental take permit based on 
the OCTA's proposed natural community conservation plan (NCCP)/habitat 
conservation plan (HCP). The DEIR portion of the joint document was 
prepared by the OCTA in compliance with the California Environmental 
Quality Act. The DEIS/DEIR, HCP, and NCCP are available for review.

DATES: Please send written comments on or before February 5, 2015.
    Two public meetings will be held to solicit public comments on the 
DEIR/DEIS. These public meetings will be held on the following dates:
    1. Thursday, November 20, 2014, 5 p.m. to 7 p.m., Orange County 
Transportation Authority, 550 S. Main Street, Orange, California 92868.
    2. Wednesday, Dec. 3, 2014, 5 p.m. to 7 p.m., Rancho Santa 
Margarita City Hall, 22112 El Paseo, Rancho Santa Margarita, California 
92688.

ADDRESSES: Obtaining Documents: You may download copies of the DEIS/
DEIR, HCP, and NCCP at the OCTA's Web site, at http://www.octa.net/. 
Alternatively, you may use one of the methods under Submitting Comments 
to request hard copies or a CD-ROM of the documents.
    Submitting Comments: You may submit comments or requests for copies 
or more information by one of the following methods.
    <bullet> U.S. Mail: Mr. Mendel Stewart, Field Supervisor, U.S. Fish 
and Wildlife Service, 2177 Salk Avenue, Suite 250, Carlsbad, CA 92008.
    <bullet> In-Person Drop-off, Viewing, or Pickup: Call (760) 431-
1766 to make an appointment during regular business hours at the above 
address or at the OCTA Office, 550 S Main Street, Orange, CA 92868.
    <bullet> Fax: Mr. Mendel Stewart, Field Supervisor, U.S. Fish and 
Wildlife Service, (760) 431-5901, Attn.: Orange County Transportation 
Authority M2 HCP/EIS Comments.
    Hardbound copies are also available for viewing at the following 
Orange County public libraries:
    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.
    The public meeting locations are:
    1. Orange: OCTA, Conference Rooms 103/104, 550 South Main Street, 
Orange, CA 92863.
    2. Rancho Santa Margarita City Hall, 22112 El Paseo, Rancho Santa 
Margarita, California 92688.

FOR FURTHER INFORMATION CONTACT: Ms. Karen A. Goebel, Assistant Field 
Supervisor, at the Carlsbad Fish and Wildlife Office address above; 
telephone (760) 431-9440. Information and comments related specifically 
to the DEIR 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.

SUPPLEMENTARY INFORMATION: We announce receipt of an application from 
the Orange County Transportation Authority (OCTA/applicant) for an 
incidental take permit under section 10(a)(1)(B) of the Endangered 
Species Act of 1973, as amended (Act; 16 U.S.C. 1531 et seq.). The 
applicant is requesting a permit to incidentally take 10 animal species 
(including three federally listed species) and seeking assurances for 3 
plant species during the term of the proposed 40-year permit. The 
permit is needed to authorize take of listed animal species due to 
construction and habitat management and monitoring activities within 
areas affected by covered freeway projects and in preserves in Orange 
County, California.
    We have prepared a draft environmental impact statement (DEIS), 
which is the Federal portion of the draft environmental impact report 
(DEIR)/DEIS, to analyze the impacts of issuing an incidental take 
permit based on the OCTA's proposed natural community conservation plan 
(NCCP)/habitat conservation plan (HCP). The DEIR portion of the joint 
document was prepared by the OCTA in compliance with the California 
Environmental Quality Act. The analyses provided in the DEIR/DEIS are 
intended to inform the public of the proposed action (i.e., permit 
issuance), alternatives, and associated impacts; address public 
comments received during the scoping period for the DEIR/DEIS; 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.

Background

    Section 9 of the Act 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

[[Page 66392]]

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. The 
ESA's take prohibitions do not apply to federally listed plants. Plant 
species would be included in the permit in recognition of the 
conservation measures provided to plants under the amended HCP and 
would receive assurances under the Service's ``No Surprises'' rule.
    The applicant seeks incidental take authorization for 10 animal 
species and assurances for 3 plant species (all unlisted). Collectively 
the 13 listed and unlisted species are referred to as ``covered 
species'' by the NCCP/HCP and include the 3 plant species, 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 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 DEIR/DEIS and NCCP/HCP 
for additional information on unlisted species proposed for coverage 
under the permit.
    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 Draft NCCP/HCP and the DEIR/DEIS, 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 acquiring lands for permanent conservation. 
Covered activities, including planned and future projects, are 
estimated to directly affect up to 141 ac (57 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. Additionally, preserve management and monitoring may adversely 
affect up to 11 ac (4.5 ha) of habitat. Prior to October 2013, the OCTA 
purchased five open-space properties totaling 940 ac (380 ha), of which 
about 900 ac (364 ha) is undeveloped open space and will be available 
to mitigate for project impacts to covered species. Additional Preserve 
acquisitions [at least 250 ac (101 ha)] are planned in the near future 
and are part of this NCCP/HCP. 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 about 400 
ac (162 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. 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.

National Environmental Policy Act Compliance

    The DEIR/DEIS analyzes two alternatives in addition to the proposed 
action (i.e., permit issuance based on the Draft 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 in the DEIS because neither met the purpose or 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.

[[Page 66393]]

Proposed Action

    Our proposed action is to issue an incidental take permit to the 
applicant, who would implement the HCP, described above. If we approve 
the permit, incidental take of covered species would be authorized for 
the applicant's activities associated with the construction freeway 
improvement projects and Preserve Management, Restoration, and 
Monitoring Activities in Orange County, California.

No Project/No Action Alternative

    Under the No Project/No Action Alternative, the proposed NCCP/HCP, 
including implementation of conservation measures and creation of a 
Preserve system, would not be adopted. Compliance with Act and the 
California Endangered Species Act would be addressed project-by-project 
for each of the M2 freeway projects. In contrast to the comprehensive 
strategies to avoid, minimize, or mitigate effects on sensitive species 
that would be implemented under the proposed action, the No Project/No 
Action Alternative would address impacts to affected listed species 
with project-by-project conservation and mitigation. The landscape-
scale conservation actions intended to benefit both listed and non-
listed species under the NCCP/HCP would not occur under the No Project/
No Action Alternative.

Reduced Plan Alternative

    Under the Reduced Plan Alternative, only those species that are 
federally or State-listed as threatened or endangered would be proposed 
for coverage under the NCCP/HCP. Accordingly, only the southwestern 
willow flycatcher, least Bell's vireo, and coastal California 
gnatcatcher would be covered under the Reduced Plan Alternative. The 
amount of land acquisition and Preserve system assembled would be 
identical to that of the proposed Plan. The amount of species-specific 
habitat restoration required would be less, however, because the 
conservation strategy measures would be focused only on the three ESA-
listed species mentioned above.

Public Comments

    The Service and OCTA invite the public to comment on the Draft 
NCCP/HCP, Draft Implementing Agreement and DEIR/DEIS during a 90-day 
public comment period beginning the date of this notice. While written 
comments are encouraged, we will accept both written and oral comments 
at the public meetings. Please direct written comments to the Service 
contact listed in the ADDRESSES section, and any questions to the 
Service contact listed in the FOR FURTHER INFORMATION CONTACT section. 
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 can 
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.

Reasonable Accommodation

    Individuals who require special accommodations (American Sign 
Language interpreter, accessible seating, documentation in alternate 
formats, etc.) to attend and participate in the public meetings are 
requested to contact Marissa Espino (<a href="/cdn-cgi/l/email-protection#7d10180e0d1413123d121e091c53131809"><span class="__cf_email__" data-cfemail="c1aca4b2b1a8afae81aea2b5a0efafa4b5">[email protected]</span></a>, 714-560-5607) at 
least 14 days prior to the scheduled public meeting date. Information 
regarding this proposed action is available in alternative formats upon 
request.

Next Steps

    Issuance of an incidental take permit is a Federal proposed action 
subject to compliance with NEPA. This notice is provided under section 
10(a) of the Act and Service regulations for implementing the National 
Environmental Policy Act of 1969 (40 CFR 1506.6). We will evaluate the 
application, associated documents, and comments submitted thereon to 
prepare a final EIS. A permit decision will be made no sooner than 30 
days after the publication in the Federal Register of the notice of 
availability for final EIS and completion of the record of decision.

    Dated: October 27, 2014.
Alexandra Pitts,
Deputy Regional Director, Pacific Southwest Region, Sacramento, 
California.
[FR Doc. 2014-26361 Filed 11-6-14; 8:45 am]
BILLING CODE 4310-55-P


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