Availability of the Final Joint Programmatic Environmental Impact Report and Environmental Impact Statement on the Proposed Issuance of Incidental Take Permits for the Coastal California Gnatcatcher and Six Other Listed Species in the Central and Coastal Natural Community Conservation Planning Subregion of Orange County, CA

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

Availability of the Final Joint Programmatic Environmental Impact

Report and Environmental Impact Statement on the Proposed Issuance of

Incidental Take Permits for the Coastal California Gnatcatcher and Six

Other Listed Species in the Central and Coastal Natural Community

Conservation Planning Subregion of Orange County, CA

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability.

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SUMMARY: This notice advises the public that the Final Environmental

Impact Report/Environmental Impact Statement (EIR/EIS) on the proposed

issuance of nine incidental take permits for seven listed species in

the Central and Coastal Natural Community Conservation Planning (NCCP)

Subregion of Orange County, California, is available. Publication of

the Record of Decision and issuance of the permits will occur no sooner

than 30 days from the date of this notice. This notice is provided

pursuant to regulations implementing the National Environmental Policy

Act (40 CFR 1506.6).

ADDRESSES: The documents discussed herein are available for public

inspection, by appointment, during normal business hours, at the

Carlsbad Field Office, U.S. Fish and Wildlife Service, 2730 Loker

Avenue West, Carlsbad, California 92008 (telephone: 619-431-9440); and

at the Planning Department, Orange County Environmental Management

Agency, 300 North Flower Street, Santa Ana, California 92702

(telephone: 714-834-5550).

FOR FURTHER INFORMATION CONTACT: Mr. Gail Kobetich, Field Supervisor,

U.S. Fish and Wildlife Service (see ADDRESSES above), telephone: 619-

431-9440; or Mr. Tim Neely, Planning and Zoning Administrator, Orange

County Environmental Management Agency (see ADDRESSES above),

telephone: 714-834-2552.

SUPPLEMENTARY INFORMATION:

Availability of Documents

Copies of the Final EIR/EIS and associated documents (comment

letters on the Draft EIS/EIR, response to comments, the final

Implementation Agreement, and final maps) can be obtained by contacting

the Carlsbad or Santa Ana offices listed above (see ADDRESSES). The

response to comments addresses changes that were made in draft

documents associated with the permit applications that previously were

made available for public review. The complete application file may be

viewed during normal business hours, by appointment, at the Carlsbad

and Santa Ana offices. A letter announcing availability of the Final

EIR/EIS has been forwarded to all parties who previously received the

notice of availability of the Draft EIR/EIS, and/or who requested a

copy of, or commented on, the Draft EIR/EIS.

Background

On March 30, 1993, the U.S. Fish and Wildlife Service (Service)

published a final rule determining the coastal California gnatcatcher

(Polioptila californica californica) as a threatened species (58 FR

16742). The ``take'' of threatened and endangered species is prohibited

under section 9 of the Act and its implementing regulations. Take is

defined in part as killing, harming or harassing listed species,

including significant habitat modification that kills or injures listed

species. The Service, however, may issue permits under section 10 of

the Act to conduct activities involving the take of threatened and

endangered species under certain circumstances, including carrying out

scientific activities, enhancing the propagation or survival of the

species, or incidentally taking the species in connection with

otherwise lawful activities. Regulations governing such permits are at

50 CFR 17.22 and 17.32.

On December 10, 1993, the Service issued a final special rule for

the coastal California gnatcatcher, pursuant to section 4(d) of the Act

(58 FR 65088). Incidental take of the gnatcatcher is allowed under the

special rule if such take results from activities conducted under a

plan prepared pursuant to the NCCP Act of 1991, NCCP Process

Guidelines, and the NCCP Southern California Coastal Sage Scrub

Conservation Guidelines. The special rule also requires Federal

approval of the NCCP Plan/Habitat Conservation Plan (HCP).

The County of Orange (lead applicant), University of California-

[[Page 27364]]

Irvine, Transportation Corridor Agencies, Metropolitan Water District,

Santiago County Water District, Irvine Ranch Water District, The Irvine

Company, Chandis-Sherman Companies, and Southern California Edison each

have applied to the Service for a 75-year incidental take permit

pursuant to section 10(a)(1)(B) of the Act. In addition, the cities of

Anaheim, Costa Mesa, Irvine, Laguna Beach, Laguna Niguel, Lake Forest,

Newport Beach, Orange, and Tustin also may apply for individual

permits. Should any of these cities apply for individual permits, the

Final EIR/EIS will be used to satisfy their State and Federal

environmental documentation requirements. In support of their permit

application package, the applicants have prepared a NCCP Plan/HCP and

an IA for the Central and Coastal NCCP Subregion of Orange County

(Subregion). In December 1995, these documents were circulated for

review and comment, along with the Draft

EIR/EIS.

Under the proposed action, section 10(a)(1)(B) permits would be

issued by the Service subject to the terms and conditions of the NCCP

Plan/HCP and its IA. The proposed permits would authorize the

incidental take of 44 species, 7 of which are listed species,

including: the threatened coastal California gnatcatcher, and the

endangered American peregrine falcon (Falco peregrinus anatum),

Riverside fairy shrimp (Streptocephalus woottoni), arroyo southwestern

toad (Bufo microscaphus californicus), least Bell's vireo (Vireo bellii

pusillus), southwestern willow flycatcher (Empidonax traillii extimus),

and the Pacific pocket mouse (Perognathus longimembris pacificus).

Consistent with the U.S. Department of the Interior's ``No Surprises''

Policy, the permit applicants also request coverage of an additional 37

currently unlisted plant and animal species that occur within the NCCP

Plan/HCP area, including 5 species proposed for listing as threatened

or endangered, and 5 plant species on the Dana Point Headlands

(Headlands) only. The NCCP Plan/HCP would conserve the 37 unlisted

species according to standards required for species listed under the

Act. Unlisted species would be named on the permits, with incidental

take becoming effective upon their listing under the Act.

Although the NCCP Plan/HCP has focused on coastal sage scrub

habitat (CSS), in keeping with the legislative intent of the California

NCCP Act of 1991 to protect multiple habitat types, the applicants

propose to protect four additional habitat types to the extent that no

additional mitigation or compensation would be required of

participating landowners should any species dependent upon or

associated with these habitats be listed during the 75-year permit

period. These habitat types are: oak woodlands, Tecate cypress forest,

cliff and rock, and chaparral (coastal subarea only). Should any

species dependent upon or associated with these habitats be listed in

the future, the Service will assume the responsibility for any

additional mitigation measures, above and beyond the NCCP Plan/HCP

implementation program, that would be required to provide the

regulatory basis for issuing section 10(a)(1)(B) permits to

participating landowners.

The NCCP Plan/HCP subregional planning area includes approximately

208,000 acres, of which about 104,000 acres remain as natural lands

that are subject to intense development pressure. The Subregion

contains about 30,833 acres of CSS supporting approximately 600 pairs

of California gnatcatchers. Under the NCCP Plan/HCP, 5,336 acres of

CSS, currently supporting 110 pairs of gnatcatchers, could be

incidentally taken as a result of development by participating

landowners. In addition, development of 2,108 acres of CSS habitat,

currently supporting 11 pairs of gnatcatchers, could be incidentally

taken by activities of non-participating landowners. Other habitats

associated with CSS could also be developed, including about 2,550

acres of chaparral and 12,025 acres of grasslands.

The applicants propose to minimize and mitigate the impacts of take

by establishing a 37,378-acre Reserve System. The Reserve System will

contain more than 18,527 acres of CSS, 6,950 acres of chaparral, 5,732

acres of grasslands, and other habitats. The Reserve System will be

managed by its public owners according to comprehensive management

plans, including, but not limited to, fire management, grazing

management, recreation/public access management, and habitat

restoration plans. Such management will be funded by an endowment fund

in excess of $10.6 million, and by mitigation fees contributed by non-

participating landowners who elect to use this fee option rather than

pursue an individual HCP. Management of reserve lands will be

coordinated by a non-profit Board of Directors, to be composed of

public and private landowners, the California Department of Fish and

Game (CDFG), and the Service.

To supplement the Reserve System, 1,906 acres are designated as

Special Linkage Areas and another 3,796 acres are designated as

Existing Use Areas. Another 3,831 acres within the Subregion will

remain as public Open Space. The NCCP Plan/HCP also includes guidelines

for the North Ranch Policy Plan Area to ensure that any future

development in this area protects the reserve and subregional

biodiversity. No take of covered species would be authorized in the

Existing Use Areas or North Ranch Policy Plan Area.

Of the 44 covered species addressed in the NCCP Plan/HCP, 10 are

conditionally covered and will be subject to specified mitigation

measures, in addition to the establishment and management of the

Reserve System. Conditionally covered species include: the least Bell's

vireo, southwestern willow flycatcher, arroyo southwestern toad, Quino

checkerspot butterfly (Euphidryas editha quino), Riverside fairy

shrimp, San Diego fairy shrimp (Branchinecta sandiegoensis), Pacific

pocket mouse, golden eagle (Aquila chrysaetos), prairie falcon (Falco

mexicanus), and the foothill mariposa lily (Calochortus weedii var.

intermedius). In general, impacts to habitats supporting smaller

populations of conditionally covered species would be mitigated by

habitat enhancement or restoration within the Reserve System.

Mitigation for impacts to habitats or populations that may have

significant conservation value would be handled on a case-by-case

basis. Specific provisions for the Pacific pocket mouse include the

creation of a 22-acre temporary preserve for up to 12 years at the

Headlands, and providing $700,000 towards a programmatic research and

recovery effort to be initiated by the Service and CDFG; the Headlands

landowner will contribute $350,000 to be matched by the Service. If,

through this research and recovery effort, the Service determines that

the Headlands site is essential for the survival and recovery of the

species, the Service has committed to purchase the site.

Development of the Final EIR/EIS

To assure compliance with the purpose and intent of the National

Environmental Policy Act (NEPA) and the California Environmental

Quality Act, the Final EIR/EIS was developed cooperatively by the

Service's Carlsbad Field Office (lead Federal agency) and the Orange

County Environmental Management Agency (lead State agency). On June 24,

1993, the Service published in the Federal Register a Notice of Intent

to prepare the EIR/EIS (58 FR 34270). This notice also

[[Page 27365]]

advertised a joint public scoping meeting, held on July 7, 1993. The

scoping process was initiated in accordance with NEPA to solicit

comments from a variety of Federal, State, and local entities on

issues/alternatives to be addressed in the EIR/EIS. A report was

prepared in September 1993, summarizing the scoping process. A joint

Notice of Availability of the Draft EIR/EIS, and Notice of Receipt of

applications for incidental take permits associated with the Orange

County Central/Coastal Subregion NCCP Plan/HCP, was published in the

Federal Register on December 15, 1995 (60 FR 64447).

Adverse and beneficial effects, associated with the implementation

of each alternative, were described in the Draft EIR/EIS. The Service

received 76 letters of comment on the Draft EIR/EIS that mainly focused

on the following issues: (1) Creation of a permanent habitat Reserve

System; (2) Headlands/Pacific pocket mouse issues; (3) reserve design

and process; (4) habitat coverage; (5) species coverage; (6) adequacy

of biological linkages/connectivity; (7) Coal Canyon habitat linkage;

(8) El Toro Marine Corps Air Station; (9) extension of the comment

period; (10) changes requested by local jurisdictions; (11) revisions

to the draft IA; (12) role of adaptive management; and (13) assurance

of implementation. Copies of all comments received and responses to all

comments are available for public review. The Draft EIR/EIS, Draft NCCP

Plan/HCP, and Draft IA were revised, where appropriate, based on public

comments. No new issues or additional significant impacts were

identified as a result of public comment on the Draft EIR/EIS.

Alternatives Analyzed in the Final EIR/EIS

Due to the scale of the NCCP program for the Subregion, the lead

agencies assessed various regional conservation strategies and reserve

designs. Four alternatives were advanced for detailed analysis in the

Final EIR/EIS: (1) Proposed Project Alternative (approve and implement

the NCCP Plan/HCP), (2) No Project/No Action Alternative, (3) No Take

Alternative, and (4) a Programmatic Alternative. Each alternative was

evaluated for its potential to result in significant adverse

environmental impacts, and the adequacy or inadequacy of the proposed

measures to avoid, minimize, and substantially reduce and mitigate such

negative effects.

The Service's preferred action is approval of the NCCP Plan/HCP,

and issuance of incidental take permits with the mitigating,

minimizing, and monitoring measures outlined in the Proposed Project

Alternative. (See Background section for a description of this

alternative).

Under the No Project/No Action Alternative, a comprehensive

regional conservation strategy would not be undertaken, and a Reserve

System would not be established. Development would occur as planned by

the local jurisdictions. Protection of the coastal California

gnatcatcher and its CSS habitat, and other federally listed species,

would occur on a project-by-project basis through the section 7 and

section 10 processes of the Act, as appropriate. Other unlisted species

might be protected if included in the planning process for each

project.

The No Take Alternative is similar to the No Project Alternative,

except that it assumes that no take of gnatcatchers or their associated

habitat would be allowed within the Subregion pursuant to section 9 of

the Act, and that the section 7 and 10 processes would not be used to

authorize or exempt such incidental take. Development would be limited

to those projects that do not result in take of the gnatcatcher or its

occupied habitat. Protection of other species (not federally listed)

would occur only to the extent currently required by State

environmental regulations.

Similar to the Proposed Project Alternative, the Programmatic

Alternative would involve a subregional conservation strategy,

including the creation of a large-scale habitat reserve and the

implementation of a long-term management program. However, under the

programmatic approach, specific boundaries for a habitat reserve system

and design of the management program would be developed over time, as

specific projects requiring mitigation are undertaken that contribute

mitigation fees or dedication lands to a management entity.

The underlying goal of the Proposed Project Alternative is to

implement ecosystem-based conservation measures, aimed at the

protection of multiple species and multiple habitats on a regional

scale, while accommodating compatible development. The Central and

Coastal Orange County NCCP Plan/HCP would result in the implementation

of a comprehensive reserve strategy for CSS and related habitats in the

Subregion, that is expected to provide long-term benefits to the

coastal California gnatcatcher and 43 other covered species and their

habitats. The Service intends to approve the Orange County Central/

Coastal NCCP Plan/HCP and issue section 10 incidental take permits to

the applicants.

Dated: May 23, 1996.

Thomas J. Dwyer,

Regional Director, Region 1, Portland, OR.

[FR Doc. 96-13538 Filed 5-30-96; 8:45 am]

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