[Federal Register Volume 76, Number 204 (Friday, October 21, 2011)]
[Notices]
[Pages 65527-65529]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-27266]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R8-ES-2011-N144; 80221-1112-81420-F2]
Habitat Conservation Plan/Natural Community Conservation Plan for
Yolo County, CA: Environmental Impact Statement
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of intent and notice of public meeting; request for
comments.
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SUMMARY: Under the National Environmental Policy Act of 1969, we, the
U.S. Fish and Wildlife Service, advise the public that we intend to
gather information necessary to prepare, in coordination with the Yolo
County Habitat Conservation Plan/Natural Community Conservation Plan
Joint Powers Agency (Joint Powers Agency), a joint Environmental Impact
Statement/Environmental Impact Report for the Yolo County Natural
Heritage Program Habitat Conservation Plan/Natural Community
Conservation Plan (Plan). This document is being prepared under the
Endangered Species Act of 1973, as amended, and the California Natural
Community Conservation Planning Act. The Joint Powers Agency and the
local partners intend to apply for a 50-year incidental take permit
from the United States Fish and Wildlife Service. This permit is needed
to authorize the incidental take of threatened and endangered species
that could result from activities covered under the Plan. We announce
meetings and invite comments.
DATES: We must receive written comments on or before December 5th,
2011. Two public scoping meetings will be held on November 7th 2011,
the first from 3 to 5 p.m., and the second from 6 to 8 p.m.
ADDRESSES: The public meetings will be held at the West Sacramento City
Hall Galleria, 1110 West Capitol Avenue, West Sacramento, CA 95691.
Submit written comments to Cori Mustin, Senior Fish and Wildlife
Biologist, U.S. Fish and Wildlife Service, Sacramento Fish and Wildlife
Office, 2800 Cottage Way, Room W-2605, Sacramento, CA 95825. Comments
may alternatively be sent by facsimile to (916) 414-6713. In addition,
a traveling information kiosk will be available to the public
throughout the 45-day comment period. The kiosk will include a computer
station, on which maps and related information will be available for
viewing and comments can be submitted. For kiosk locations, dates, and
times, see http://www.yoloconservationplan.org/kiosk/schedule.
FOR FURTHER INFORMATION CONTACT: Cori Mustin, Senior Fish and Wildlife
Biologist, or Mike Thomas, Chief, Habitat Conservation Planning
Division, Sacramento Fish and Wildlife Office, by phone at (916) 414-
6600 or by U.S. mail at the above address.
SUPPLEMENTARY INFORMATION: The Yolo County Habitat Conservation Plan/
Natural Community Conservation Plan Joint Powers Agency (Joint Powers
Agency) is composed of members representing Yolo County; the cities of
Davis, West Sacramento, Winters, and Woodland; and the University of
California at Davis (local partners).
The EIS will be a joint EIS/Environmental Impact Report (EIR), for
which the Service, Joint Power Agency (JPA), and California Department
of Fish and Game (CDFG), intend to gather information necessary for
preparation. The Plan will be prepared to meet the requirements of
section 10 of the Act and the Natural Community Conservation Planning
(NCCP) Act. The Service will serve as the administrative lead for all
actions related to this Federal Register notice for the EIS component
of the EIS/EIR. The JPA will serve as the State lead agency under the
California Environmental Quality Act (CEQA) for the EIR component.
The Joint Powers Agency, in accordance with the California
Environmental Quality Act, is publishing a similar notice.
The Joint Powers Agency and the local partners intend to apply for
a 50-year incidental take permit from the U.S. Fish and Wildlife
Service. This permit is needed to authorize the incidental take of
threatened and endangered species that could result from activities
covered under the habitat conservation plan (Plan).
The Fish and Wildlife Service provides this notice to (1) describe
the proposed action and potential alternatives; (2) advise other
Federal and State agencies, affected Tribes, and
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the public of our intent to prepare an Environmental Impact Statement/
Environmental Impact Report; (3) announce the initiation of a public
scoping period; and (4) obtain suggestions and information on the scope
of issues and alternatives to be included in the Environmental Impact
Statement/Environmental Impact Report.
Background
The Plan is both a habitat conservation plan (HCP), intended to
fulfill the requirements of the Act, and a natural community
conservation plan, to fulfill the requirements of the NCCP Act. The
Plan is being prepared under the combined efforts of Yolo County; the
cities of Davis, West Sacramento, Winters, and Woodland; and the
University of California at Davis, in coordination with the Service and
CDFG.
Section 9 of the Act (16 U.S.C. 1531 et seq.) and Federal
regulations prohibit the ``take'' of wildlife species listed as
endangered or threatened. The Act defines the term ``take'' as: To
harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or
collect listed species, or to attempt to engage in such conduct (16
U.S.C. 1532). 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)]. Pursuant to section
10(a)(1)(B) of the Act, we may issue permits to authorize ``incidental
take'' of listed species. ``Incidental take'' is defined by the Act as
take that is incidental to, and not the purpose of, carrying out an
otherwise lawful activity. Service regulations governing permits for
threatened species and endangered species, respectively, are
promulgated in 50 CFR sections 17.22 and 17.32.
Section 10 of the Act specifies the requirements for the issuance
of incidental take permits to non-Federal entities. Any proposed take
must be incidental to otherwise lawful activities and cannot
appreciably reduce the likelihood of the survival and recovery of the
species in the wild. The impacts of such take must also be minimized
and mitigated to the maximum extent practicable. To obtain an
incidental take permit, an applicant must prepare an HCP describing the
impacts that will likely result from the proposed taking, measures for
minimizing and mitigating the impacts of the take, funding available to
implement such measures, alternatives to the taking, and reasons for
not implementing the alternatives. Thus, the HCP sets forth a uniform
and systematic conservation strategy that ensures that impacts to
Covered Species and their habitats from activities covered by the HCP
(Covered Activities) are minimized and mitigated to the maximum extent
practicable. If a section 10 permit is issued, the permittee(s) would
receive assurances for all plant and animal species covered by the HCP
on non-Federal land and included on the permit under the Service's ``No
Surprises'' regulation (50 CFR 17.22(b)(5) and 17.32(b)(5)).
Plan Area
The plan area covers approximately 653,817 acres, which encompasses
the entire extent of Yolo County. The boundary of the plan area is
based on political, ecological, and hydrologic factors.
Covered Activities
The proposed section 10 incidental take permit may allow take of
wildlife Covered Species resulting from Covered Activities on non-
Federal land in the proposed plan area. The purpose of the Plan is to
contribute to the conservation of Covered Species while streamlining
endangered species permitting. The Joint Powers Agency and local
partners intend to request incidental take authorization for Covered
Species that could be affected by the following three general
categories of Covered Activities: (1) Permanent development; (2)
operation, maintenance, and other ongoing activities; and (3)
implementation of the Plan's conservation strategy. Permanent
development could include land conversion, public and private
infrastructure, and new facilities associated with agricultural and
livestock production. Examples of public infrastructure include, but
are not limited to, roadways, bridges, utilities (i.e. natural gas),
solar and wind power generation facilities, and water conveyance
(including flood control). Operation, maintenance, and other ongoing
activities could include operation and maintenance of permanent
development described above as well as the operation and maintenance of
recreational and mining facilities, and agricultural operations and
processing. Implementation of the Plan's conservation strategy could
include preservation, restoration, creation, enhancement, management,
and monitoring activities.
Covered Species
Covered Species are those species addressed in the proposed Plan
for which conservation actions will be implemented and for which the
Joint Powers Agency and local partners will seek incidental take
authorizations for a period of up to 50 years. Proposed Covered Species
are expected to include threatened and endangered species listed under
the Act, species listed under the California Endangered Species Act, as
well as currently unlisted species. Species proposed for coverage in
the Plan are species that are currently listed as federally threatened
or endangered or have the potential to become listed during the life of
this Plan and have some likelihood to occur within the plan area. The
Plan is currently expected to address 35 listed and nonlisted wildlife
and plant species. The list of proposed Covered Species may change as
the planning process progresses; species may be added or removed as
more is learned about the nature of Covered Activities and their impact
within the plan area.
The following federally listed threatened and endangered wildlife
species are proposed to be covered by the Plan: The endangered
conservancy fairy shrimp (Branchinecta conservatio), threatened vernal
pool fairy shrimp (Branchinecta lynchi), endangered vernal pool tadpole
shrimp (Lepidurus packardi), threatened valley elderberry longhorn
beetle (Desmocerus californicus dimorphus), threatened California tiger
salamander (Central California Distinct Population Segment) (Ambystoma
californiense), threatened California red-legged frog (Rana draytonii),
threatened giant garter snake (Thamnophis gigas), and endangered least
Bell's vireo (Vireo bellii pusillus).
The following unlisted wildlife species are proposed to be covered
by the Plan: Midvalley fairy shrimp (Branchinecta mesovallensis),
California linderiella (Linderiella occidentalis), western spadefoot
toad (Spea hammondii), foothill yellow-legged frog (Rana boylii),
western pond turtle (Clemmys marmorata), Swainson's hawk (Buteo
swainsoni), northern harrier (Circus cyaneus), white-tailed kite
(Elanus leucurus), mountain plover (Charadrius montanus), black tern
(Chlidonias niger), western yellow-billed cuckoo (Coccyzus americanus),
western burrowing owl (Athene cunicularia hypugaea), loggerhead shrike
(Lanius ludovicianus), purple martin (Progne subis), bank swallow
(Riparia riparia), yellow-breasted chat (Icteria virens), grasshopper
sparrow (Ammodramus savannarum), tricolored blackbird (Agelaius
tricolor), and Townsend's big-eared bat (Corynorhinus townsendii).
Take of federally listed plant species is not prohibited on non-
Federal land under the Act, and authorization under
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a section 10 permit is not required. Section 9 of the Act does,
however, prohibit the removal or malicious destruction of federally
listed plants from areas under Federal jurisdiction and the removal or
destruction of such plants in knowing violation of State law. In
addition, section 7(a)(2) of the Act prohibits Federal agencies from
jeopardizing the continued existence of any listed plant or animal
species or destroying or adversely modifying the critical habitat of
such species. The following federally listed plant species are proposed
to be included in the Plan in recognition of the conservation benefits
provided for them under the Plan and the assurances permit holders
would receive if they are included on a permit: The endangered palmate-
bracted bird's-beak (Cordylanthus palmatus), threatened Colusa grass
(Neostapfia colusana), and endangered Solano grass (Tuctoria
mucronata). The following unlisted plant species are also proposed to
be included in the Plan: alkali milkvetch (Astragalus tener var.
tener), brittlescale (Atriplex depressa), San Joaquin spearscale
(Atriplex joaquiniana), Heckard's pepper-grass (Lepidium latipes var.
heckardii), and Baker's navarretia (Navarretia leucocephala ssp.
bakeri).
Environmental Impact Statement
Before deciding whether to issue the requested Federal incidental
take permit, the Service will prepare a draft EIS as part of the EIS/
EIR, in order to analyze the environmental impacts associated with
issuance of the incidental take permit. In the EIS component of the
EIS/EIR, the Service will consider the following alternatives: (1) The
proposed action, which includes the issuance of take authorizations
consistent with the proposed Plan under section 10(a)(1)(B) of the Act;
(2) no action (no permit issuance); and (3) a reasonable range of
additional alternatives. The EIS/EIR will include a detailed analysis
of the impacts of the proposed action and alternatives. The range of
alternatives could include variations in impacts, conservation, permit
duration, Covered Species, Covered Activities, permit area, or a
combination of these elements.
The EIS/EIR will identify and analyze potentially significant
direct, indirect, and cumulative impacts of our authorization of
incidental take (permit issuance) and the implementation of the
proposed Plan on biological resources, land uses, utilities, air
quality, water resources, cultural resources, socioeconomics and
environmental justice, recreation, aesthetics, climate change and
greenhouse gases, and other environmental issues that could occur with
implementation of each alternative. The Service will use all
practicable means, consistent with NEPA and other essential
considerations of national policy, to avoid or minimize significant
effects of our actions on the quality of the human environment.
Reasonable Accommodation
Persons needing reasonable accommodations in order to attend and
participate in the public meetings should contact Cori Mustin at (916)
414-6600 as soon as possible. In order to allow sufficient time to
process requests, please call no later than one week before the public
meeting. Information regarding this proposed action is available in
alternative formats upon request.
Public Comments
Before including your address, phone number, e-mail 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.
Material the Service receives will be available for public
inspection, by appointment, during normal business hours (Monday
through Friday, 8 a.m. to 4:30 p.m.) at the Service's Sacramento
address (see ADDRESSES).
Authority: 40 CFR 1501.7.
Alexandra Pitts,
Deputy Regional Director, Pacific Southwest Region, Sacramento,
California.
[FR Doc. 2011-27266 Filed 10-20-11; 8:45 am]
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