82 FR 16054 - 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
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service Federal Register Volume 82, Issue 61 (March 31, 2017)
Fish and Wildlife Service
Federal Register Volume 82, Issue 61 (March 31, 2017)
| Page Range | 16054-16056 | |
| FR Document | 2017-06214 |
[Federal Register Volume 82, Number 61 (Friday, March 31, 2017)] [Notices] [Pages 16054-16056] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-06214] ======================================================================= ----------------------------------------------------------------------- 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 http://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
![16054 Federal Register / Vol. 82, No. 61 / Friday, March 31, 2017 / Notices
Strategy, Chief, Regulatory Coordination (3) Enhance the quality, utility, and Dated: March 29, 2017.
Division, 20 Massachusetts Avenue clarity of the information to be Samantha Deshommes,
NW., Washington, DC 20529–2140. collected; and Chief, Regulatory Coordination Division,
FOR FURTHER INFORMATION CONTACT: (4) Minimize the burden of the Office of Policy and Strategy, U.S. Citizenship
collection of information on those who and Immigration Services, Department of
USCIS, Office of Policy and Strategy,
are to respond, including through the Homeland Security.
Regulatory Coordination Division,
use of appropriate automated, [FR Doc. 2017–06494 Filed 3–30–17; 8:45 am]
Samantha Deshommes, Chief, 20
Massachusetts Avenue NW., electronic, mechanical, or other BILLING CODE 9111–97–P
Washington, DC 20529–2140, telephone technological collection techniques or
number 202–272–8377 (This is not a other forms of information technology,
toll-free number. Comments are not e.g., permitting electronic submission of DEPARTMENT OF THE INTERIOR
accepted via telephone message). Please responses.
note contact information provided here Fish and Wildlife Service
Overview of This Information
is solely for questions regarding this Collection [FWS–R8–ES–2017–N021;
notice. It is not for individual case FF08ECAR00000–FXES1140800000–178]
status inquiries. Applicants seeking (1) Type of Information Collection:
information about the status of their Revision of a Currently Approved Orange County Transportation
individual cases can check Case Status Collection. Authority (OCTA) M2 Natural
Online, available at the USCIS Web site (2) Title of the Form/Collection: Community Conservation Plan/Habitat
at http://www.uscis.gov, or call the Application To Register Permanent Conservation Plan, Orange County,
USCIS National Customer Service Residence or Adjust Status, Adjustment California; Final Environmental Impact
Center at 800–375–5283 (TTY 800–767– of Status Under Section 245(i), and Report/Environmental Impact
1833). Confirmation of Bona Fide Job Offer or Statement and Habitat Conservation
SUPPLEMENTARY INFORMATION: Request for Job Portability Under INA Plan
Section 204(j). AGENCY: Fish and Wildlife Service,
Comments (3) Agency form number, if any, and Interior.
You may access the information the applicable component of the DHS
ACTION: Notice of availability.
collection instrument with instructions, sponsoring the collection: Form I–485,
or additional information by visiting the Supplement A, and Supplement J to SUMMARY: We, the U.S. Fish and
Federal eRulemaking Portal site at: Form I–485; USCIS. Wildlife Service, have prepared a final
http://www.regulations.gov and enter (4) Affected public who will be asked environmental impact report (EIR)/
USCIS–2009–0020 in the search box. or required to respond, as well as a brief environmental impact statement (EIS)
Regardless of the method used for abstract: under the National Environmental
submitting comments or material, all Primary: Individuals or households. Policy Act of 1967, as amended, and its
submissions will be posted, without The information collected is used to implementing regulations. The EIR
change, to the Federal eRulemaking determine eligibility to adjust status portion of the joint document was
Portal at http://www.regulations.gov, under section 245 of the Immigration prepared by the Orange County
and will include any personal and Nationality Act. Transportation Authority (OCTA) in
information you provide. Therefore, (5) An estimate of the total number of compliance with the California
submitting this information makes it respondents and the amount of time Environmental Quality Act (CEQA).
public. You may wish to consider estimated for an average respondent to This notice also announces receipt of a
limiting the amount of personal respond: final natural community conservation
information that you provide in any plan/habitat conservation plan (HCP)
voluntary submission you make to DHS. Form I–485—652,599 respondents
from the applicant, OTCA.
DHS may withhold information responding at an estimated 6 hours 15
minutes per response. DATES: Submitting Comments: To ensure
provided in comments from public consideration, we must receive written
viewing that it determines may impact Form I–485 Supplement A—36,000
comments by 5 p.m. on May 1, 2017.
the privacy of an individual or is respondents responding at an estimated
1 hour and 15 minutes per response. ADDRESSES: Submitting Comments:
offensive. For additional information,
Please send written comments to Mr.
please read the Privacy Act notice that Form I–485Supplement J—28,309
Mendel Stewart, Field Supervisor, U.S.
is available via the link in the footer of respondents responding at an estimated
Fish and Wildlife Service, Carlsbad Fish
http://www.regulations.gov. 1 hour per response.
and Wildlife Office, 2177 Salk Avenue,
Written comments and suggestions There are 522,089 respondents Suite 250, Carlsbad, CA 92008. You may
from the public and affected agencies requiring Biometric Processing at an also submit comments by facsimile to
should address one or more of the estimated 1 hour and 10 minutes per (760) 431–5901.
following four points: response. Information and comments related
(1) Evaluate whether the proposed (6) An estimate of the total public specifically to the final EIR and the
collection of information is necessary burden (in hours) associated with the California Environmental Quality Act
for the proper performance of the collection: The total estimated annual should be submitted to Mr. Dan Phu,
functions of the agency, including hour burden associated with this Orange County Transportation
sradovich on DSK3GMQ082PROD with NOTICES
whether the information will have collection is 4,762,897 hours. Authority (Attn: M2 NCCP/HCP), 550
practical utility; (7) An estimate of the total public South Main Street, P.O. Box 14184,
(2) Evaluate the accuracy of the burden (in cost) associated with the Orange, CA 92863–1584.
agency’s estimate of the burden of the collection: The estimated total annual Reviewing Documents: Documents
proposed collection of information, cost burden associated with this available for public review include the
including the validity of the collection of information is final EIR/EIS, final NCCP/HCP, the final
methodology and assumptions used; $233,841,457. Implementing Agreement, and our
VerDate Sep<11>2014 16:31 Mar 30, 2017 Jkt 241001 PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1](https://thefederalregister.org/doc/82_FR_16115/page/1.svg)
![16056 Federal Register / Vol. 82, No. 61 / Friday, March 31, 2017 / Notices
The expenditures for key components of and need of both the OCTA and the exceptions, the Endangered Species Act
the NCCP/HCP conservation strategy Service; these alternatives involved a (Act) prohibits activities with
that achieve upfront and comprehensive no-take alternative and an alternative endangered and threatened species
mitigation (e.g., Preserve acquisitions requiring the OCTA to participate in unless a Federal permit allows such
and funding of restoration projects) will project-by-project mitigation. activity. The Act also requires that we
be paid for through M2 EMP revenues. The final EIR/EIS includes all invite public comment before issuing
Any costs associated with implementing comments we received on the draft EIR/ recovery permits to conduct certain
avoidance and minimization measures, EIS and our response to those activities with endangered species.
as described in Section 5.6, ‘‘Avoidance comments. After the 30-day waiting
and Minimization,’’ will be funded period, we will complete a record of DATES: Comments on these permit
through the individual construction decision that announces our decision on applications must be received on or
budgets and will not rely on funding the action that will be implemented and before May 1, 2017.
under the M2 EMP. discusses all factors leading to the
The NCCP/HCP includes measures to ADDRESSES: Written data or comments
decision.
avoid and minimize incidental take of should be submitted to the Endangered
the covered species, emphasizing Public Review Species Program Manager, U.S. Fish and
project design modifications to protect Copies of the final EIR/EIS, NCCP/ Wildlife Service, Region 8, 2800 Cottage
covered species and their habitats. A HCP, and IA are available for review Way, Room W–2606, Sacramento, CA
monitoring and reporting plan would (see Availability of Documents). Any 95825 (telephone: 916–414–6464; fax:
gauge the Plan’s success based on comments we receive will become part 916–414–6486). Please refer to the
achievement of biological goals and of the administrative record and may be respective permit number for each
objectives and would ensure that available to the public. Before including application when submitting comments.
conservation keeps pace with your address, phone number, email FOR FURTHER INFORMATION CONTACT:
development. The NCCP/HCP also address, or other personal identifying
includes a management program, Daniel Marquez, Fish and Wildlife
information in your comment, you
including adaptive management, which Biologist; see ADDRESSES (telephone:
should be aware that your entire
allows for changes in the conservation 760–431–9440; fax: 760–431–9624).
comment, including your personal
program if the biological species identifying information, may be made SUPPLEMENTARY INFORMATION: The
objectives are not met, or new publicly available at any time. While following applicants have applied for
information becomes available to you may ask us in your comment to scientific research permits to conduct
improve the efficacy of the NCCP/HCP’s withhold your personal identifying certain activities with endangered
conservation strategy. information from public review, we species under section 10(a)(1)(A) of the
Covered projects and activities would cannot guarantee that we will be able to Act (16 U.S.C. 1531 et seq.). We seek
include 13 discrete proposed freeway do so.
segments in which freeway projects review and comment from local, State,
have been identified for coverage under Authority: We publish this notice under and Federal agencies and the public on
the National Environmental Policy Act of the following permit requests.
the NCCP/HCP. These proposed projects 1969, as amended (42 U.S.C. 4321–4347 et
are designed to reduce congestion, seq.; NEPA), and its implementing Applicants
increase capacity, and smooth traffic regulations in the Code of Federal
flows of Orange County’s important Regulations (CFR) at 40 CFR 1500–1508, as Permit No. TE–59573B
transportation infrastructure. In well as in compliance with section 10(c) of
Applicant: Andrew Krause, Lebec,
addition, activities related to ongoing the Endangered Species Act (16 U.S.C. 1531–
1544 et seq.; Act). California
habitat management, restoration, and
monitoring activities by Preserve Michael Fris, The applicant requests a permit
Managers and activities necessary to Assistant Regional Director, Pacific renewal and amendment to take (harass
provide limited public access have been Southwest Region, Sacramento, California. by survey, capture, handle, and release)
identified for coverage. These covered [FR Doc. 2017–06214 Filed 3–30–17; 8:45 am] the Tipton kangaroo rat (Dipodomys
activities fall under two major nitratoides nitratoides) and giant
BILLING CODE 4333–15–P
categories, including: kangaroo rat (Dipodomys ingens), in
1. Covered freeway projects; and
conjunction with survey activities
2. Covered activities within Preserves,
DEPARTMENT OF THE INTERIOR throughout the range of the species in
including preserve management, trail
creation, restoration, and monitoring California for the purpose of enhancing
Fish and Wildlife Service the species’ survival.
activities.
[FWS–R8–ES–2017–N029;
National Environmental Policy Act FXES11130800000–178–FF08E00000] Permit No. TE–180579
Compliance Applicant: Dwayne Oberhoff, Los Osos,
The EIR/EIS analyzes two alternatives Endangered Species Recovery Permit
California
in addition to the proposed action (i.e., Applications
permit issuance based on the NCCP/ AGENCY: Fish and Wildlife Service, The applicant requests a permit
HCP) described above. The other Interior. renewal to take (harass by survey,
alternatives include a no-action (i.e., no capture, handle, and release) the Morro
sradovich on DSK3GMQ082PROD with NOTICES
ACTION: Notice of receipt of permit
permit) alternative and a reduced plan applications; request for comment. shoulderband snail (Banded dune)
alternative covering only species that (Helminthoglypta walkeriana) in
are federally or State-listed as SUMMARY: We, the U.S. Fish and conjunction with survey activities in
threatened or endangered. Two other Wildlife Service, invite the public to San Luis Obispo County, California, for
alternatives were considered during the comment on the following applications the purpose of enhancing the species’
planning process but were not evaluated to conduct certain activities with survival.
because they did not meet the purpose endangered species. With some
VerDate Sep<11>2014 16:31 Mar 30, 2017 Jkt 241001 PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1](https://thefederalregister.org/doc/82_FR_16115/page/3.svg)
Document Created: 2017-03-31 01:37:48
Document Modified: 2017-03-31 01:37:48
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of availability. | |
| Dates | Submitting Comments: To ensure consideration, we must receive written comments by 5 p.m. on May 1, 2017. | |
| Contact | Ms. Karen A. Goebel, Assistant Field | |
| FR Citation | 82 FR 16054 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR