[Federal Register Volume 76, Number 247 (Friday, December 23, 2011)]
[Notices]
[Pages 80385-80387]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-32894]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R8-ES-2011-N240; FF08ESMF00-FXES11120800000F2-123]
Draft Environmental Impact Statement and Proposed Maricopa Sun
Solar Complex Multi-Species Habitat Conservation Plan, Kern County, CA
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of intent; announcement of public scoping meetings;
request for comments.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), intend to
prepare a draft environmental impact statement (EIS) under the National
Environmental Policy Act for the proposed Maricopa Sun Solar Complex
Habitat Conservation Plan (HCP) under development by Maricopa Sun, LLC.
The draft EIS will evaluate the impacts of several alternatives related
to the HCP being proposed by Maricopa Sun, LLC in support of its
anticipated application for an Endangered Species Act permit for
incidental take of five federally endangered species (one reptile and
four mammal species) and 14 California special status species (one
amphibian species, three reptile species, six avian species, and four
mammal species) from activities associated with the construction,
operation, and decommissioning of a 700 megawatt photo-voltaic power
generating facility and implementation of conservation actions
associated with the HCP in Kern County, California. We also announce
plans for a public scoping meeting and the opening of a public comment
period. We request data, comments, new information, or suggestions from
the public, other concerned governmental agencies, the scientific
community, Tribes, industry, or any other interested party.
DATES: A public scoping meeting will be held to solicit comments from
interested parties to assist in determining the scope of the
environmental analysis, including the alternatives to be addressed, and
to identify significant environmental issues related to the Proposed
Action. The scoping meeting date and location are:
Monday, January 23, 2012 from 1-3 p.m.
Kern County Public Services Building, 2700 M Street
Conference Room 1-A, Bakersfield, CA 93301.
To ensure consideration, please send your written comments by close
of business February 21, 2012.
ADDRESSES: To request further information or submit written comments,
please use one of the following methods, and note that your information
request or comment is in reference to the Maricopa Sun Solar Complex
Habitat Conservation Plan.
U.S. Mail: 2800 Cottage Way, Room W-2605, Sacramento,
California 95825-1846.
In-Person Drop-off, Viewing, or Pickup: Call (916) 414-
6600 to make an appointment during regular business hours to drop off
comments or view received comments at the above location.
Fax: Justin Sloan or Mike Thomas, (916) 414-6713, Attn.:
Maricopa Sun Solar Complex Habitat Conservation Plan.
FOR FURTHER INFORMATION CONTACT: Justin Sloan, Senior Fish and Wildlife
Biologist, (916) 414-6600 (phone) or Mike Thomas, Chief, Habitat
Conservation Planning Division, (916) 414-6678 (phone). If you use a
telecommunications device for the deaf, please call the Federal
Information Relay Service at (800) 877-8339.
SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service
(Service), publish this notice under the National Environmental Policy
Act of 1969, as amended (42 U.S.C. 4321 et seq.; NEPA), and its
implementing regulations in the Code of Federal Regulations (CFR) at 40
CFR 1506.6, as well as in compliance with section 10(c) of the
Endangered Species Act (16 U.S.C. 1531 et seq.; Act). We intend to
prepare a draft EIS to evaluate the impacts of several alternatives
related to the potential issuance of an incidental take permit (ITP) to
the applicant, as well as impacts of the implementation of the
supporting HCP.
The applicant proposes to develop an HCP as part of their
application for an ITP under section 10(a)(1)(B) of the Act. The
proposed HCP will include measures necessary to minimize and mitigate
the impacts, to the maximum extent practicable, of potential proposed
taking of federally listed and non-listed species to be covered by the
HCP, and the habitats upon which they depend, resulting from
construction, operation, and decommissioning of a 700 megawatt photo-
voltaic power generating facility and implementation of conservation
actions associated with the HCP in Kern County, California.
The project is a proposed 700 megawatt solar power facility within
a proposed planning area covering approximately 6,766 acres in the
southwest portion of unincorporated Kern County, California. Multiple
parcels comprise the project, which are approximately six to 20 miles
east of Taft along South Lake Road and along Copus Road. The individual
sites can be accessed from Interstate 5, South Lake Road and Copus
Road, and several other access roads.
Background
Section 9 of the Act prohibits taking of fish and wildlife species
listed as endangered or threatened under section 4 of the Act. Under
the Act, the term ``take'' means to harass, harm, pursue, hunt, shoot,
wound, kill, trap, capture, or collect, or to attempt to engage in any
such conduct. The term ``harm'' is defined in the regulations as
including significant habitat modification or degradation that results
in death or injury to listed wildlife by significantly impairing
essential behavioral patterns, including breeding, feeding, or
sheltering (50 CFR 17.3). The term ``harass'' is defined in the
regulations as to carry out actions that create the likelihood of
injury to listed wildlife by annoying it to such an extent as to
significantly disrupt normal behavioral patterns, which include, but
are not limited to, breeding, feeding, or sheltering (50 CFR 17.3).
However, under specified circumstances, the Service may issue
permits that allow the take of federally listed wildlife species,
provided that the take that occurs is incidental to, but not the
purpose of, an otherwise lawful activity. Regulations governing permits
for endangered and threatened species are at 50 CFR 17.22 and 17.32,
respectively.
Section 10(a)(1)(B) of the Act contains provisions for issuing
incidental take permits to non-Federal entities for the take of
endangered and threatened wildlife species, provided the following
criteria are met:
1. The taking will be incidental;
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2. The applicants will, to the maximum extent practicable, minimize
and mitigate the impact of such taking;
3. The applicants will develop a proposed HCP and ensure that
adequate funding for the plan will be provided;
4. The taking will not appreciably reduce the likelihood of the
survival and recovery of the species in the wild; and
5. The applicants will carry out any other measures that the
Service may require as being necessary or appropriate for the purposes
of the HCP.
Thus, the purpose of issuing an ITP would be to allow the applicant
to carry out development activities associated with the proposed photo-
voltaic power generating facility while conserving the covered species
and their habitats. The Service expects that the applicants will
request ITP coverage for a period of 50 years.
Alternatives in the Draft Environmental Impact Statement
The proposed action presented in the draft EIS will be compared to
the no-action alternative. The no-action alternative represents
estimated future conditions assuming an ITP is not issued, to which the
proposed action's estimated future conditions can be compared. Other
alternatives, including their potential impacts, will also be addressed
in the draft EIS.
No-Action Alternative
Under the no-action alternative, an ITP pursuant to Section
10(a)(1)(B) of the Act would not be issued for development of the
Maricopa Sun Solar Complex Project. The proposed Maricopa Sun Solar
Complex Project and HCP would not occur without issuance of an ITP.
According to the applicant, the proposed planning area would be
reconsidered and the existing land uses would be maintained at the
sites of proposed photovoltaic facilities until and unless an ITP could
be secured. The applicant's intended purpose for the project would not
be met under the no-action alternative.
Proposed Alternative
The proposed action is the issuance of an ITP to Maricopa Sun, LLC
covering impacts to the 20 covered species resulting from development
activities within the proposed planning area for a period of 50 years.
The proposed HCP, which must meet the requirements of section
10(a)(2)(A) of the Act, including measures that minimize and mitigate
the effects of the potential incidental take of covered species to the
maximum extent practicable, would be developed and implemented by the
applicant. This alternative would be intended to allow for a
comprehensive mitigation approach for unavoidable impacts and reduce
permit processing times and efforts for the applicant and the Service.
Activities proposed for coverage under the proposed ITP would be
otherwise lawful activities that could occur consistent with the HCP,
to include, but not be limited to the following general categories:
1. Pre-construction
2. Construction
3. Operation
4. Decommissioning
5. Preservation/Enhancement
6. Conservation Plan Management
Pre-construction could include activities such as surveying and
staking, clearing and grubbing, staging areas, temporary access roads,
drainage and erosion control, and geotechnical drilling. Construction
related activities could include grading and compaction, trenching,
paving of access roads, installation of solar arrays, meteorological
stations, transmission lines, septic leach fields, fencing, and
landscaping. Construction of solar facilities on all sites is
anticipated to be completed over an 8 to 10 year period from the
commencement of the initial development; however, unknown constraints
could extend the development phase to a 10 to 15 year period.
Construction of the project will occur in a series of approximately 1
megawatt blocks, consisting of approximately 5 to 8.64 acres each. It
is anticipated that construction of each section (640 acres) within the
Maricopa Sun Solar Complex will take 12 to 18 months. Operation related
activities could include solar panel maintenance, on-site parking,
operation of solar modules, inspection, and repair of equipment, and
operation of lighting. Typical activities associated with
decommissioning of the solar energy facility include removal of all
solar electric systems, buildings, cabling, electrical components,
breaking up of concrete pads and foundations, removal of access roads,
additional grading, and replacement of soil disturbed from
decommissioning. Preservation/enhancement and conservation plan
management activities could include vegetation control (i.e., grazing
and mowing), fence installation, special status species monitoring
(i.e., surveys such as trapping, use of remote cameras and
spotlighting), and habitat restoration and creation.
We anticipate that the following five federally listed endangered
species will be included as covered species in the applicants' proposed
HCP:
Blunt-nosed leopard lizard (Gambelia sila)
Tipton kangaroo rat (Dipodomys nitratoides nitratoides)
Giant kangaroo rat (Dipodomys ingens)
San Joaquin kit fox (Vulpes macrotis mutica)
Buena Vista Lake shrew (Sorex ornatus relictus)
We also anticipate that the following federally non-listed species
will be included as covered species in the applicant's proposed HCP:
Western spadefoot (Spea hammondii)
Silvery legless lizard (Anniella pulchra pulchra)
San Joaquin whipsnake (Masticophis flagellum ruddocki)
California horned lizard (Phrynosoma coronatum)
Western Burrowing owl (Athene cunicularia)
Swainson's hawk (Buteo swainsoni)
Mountain plover (Charadrius montanus)
Northern harrier (Circus cyaneus)
White-tailed kite (Elanus leucurus)
Le Conte's thrasher (Toxostoma lecontei)
San Joaquin antelope squirrel (Ammospermophilus nelson)
Western mastiff bat (Eumops perotis californicus)
Tulare grasshopper mouse (Onychomys torridus tularensis)
San Joaquin pocket mouse (Perognathus inornatus).
Inclusion of these non-listed species as covered species will be
determined during the HCP planning and development process. If included
as covered species, the HCP will treat these species the same as the
federally listed species. All species included in the incidental take
permit would receive assurances under our ``No Surprises'' regulations
(50 CFR 17.22(b)(5) and 17.32(b)(5)).
Other Alternatives
The draft EIS will include a reasonable range of additional
alternatives. The range of alternatives considered in the draft EIS
could include variations in impacts, conservation, permit duration,
covered species, covered activities, permit area, or a combination of
these elements.
Environmental Review and Next Steps
The Service will conduct an environmental review to analyze the
proposed action, along with other alternatives evaluated and the
associated impacts of each. The draft EIS will evaluate impacts for
each covered species and is expected to provide biological descriptions
of the
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affected species and habitats, as well as the effects of the
alternatives on other resources, such as vegetation, wetlands,
wildlife, geology and soils, air quality, water resources, water
quality, cultural resources, land use, recreation, water use, local
economy, and environmental justice.
Following completion of the environmental review, the Service will
publish a notice of availability and a request for comment on the draft
EIS and the applicant's permit application, which will include the
proposed HCP. The draft EIS and proposed HCP are expected to be
completed and available to the public in spring 2012.
Public Comments
We request data, comments, new information, or suggestions from the
public, other concerned governmental agencies, the scientific
community, Tribes, industry, or any other interested party on this
notice. We will consider these comments in developing a draft EIS and
in the development of a HCP and ITP. We particularly seek comments on
the following:
1. Biological information concerning the species;
2. Relevant data concerning the species;
3. Additional information concerning the range, distribution,
population size, and population trends of the species;
4. Current or planned activities in the planning area and their
possible impacts on the species;
5. The presence of archeological sites, buildings and structures,
historic events, sacred and traditional areas, and other historic
preservation concerns, which are required to be considered in project
planning by the National Historic Preservation Act;
6. Identification of any other alternatives to the proposed action
that should be analyzed in the draft EIS; and
7. Identification of any other environmental issues that should be
considered in the draft EIS.
You may submit your comments and materials by one of the methods
listed in the ADDRESSES section.
Comments and materials we receive, as well as supporting
documentation we use in preparing the EIS document, will be available
for public inspection by appointment, during normal business hours, at
our office (see FOR FURTHER INFORMATION CONTACT).
Public Availability of Comments
Written comments we receive become part of the public record
associated with this action. Before including your address, phone
number, email address, or other personal identifying information in
your comments, 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.
Scoping Meetings
See DATES for the date and time of our public meeting. The purpose
of scoping meetings is to provide the public with a general
understanding of the background of the proposed HCP and activities it
would cover, alternative proposals under consideration for the draft
EIS, and the Service's role and steps to be taken to develop the draft
EIS for the proposed HCP.
The meeting format will consist of a formal presentation of the
proposed action, summary of the NEPA process, and presentation of oral
comments from the public. The primary purpose of these meetings and
public comment period is to solicit suggestions and information on the
scope of issues and alternatives for the Service to consider when
drafting the EIS. Written comments will be accepted at the meetings.
Comments can also be submitted by methods listed in the ADDRESSES
section. Once the draft EIS and proposed HCP are complete, there will
be additional opportunity for public comment on the content of the EIS
though a Notice of Availability.
Meeting Location Accommodations
Please note that the meeting location is accessible to wheelchair
users. If you require additional accommodations, please notify us at
least one week in advance of the meeting.
Authority
We provide this notice under section 10 of the Act (16 U.S.C. 1531
et seq.) and by NEPA Regulations (40 CFR 1501.7, 40 CFR 1506.6, and
1508.22).
Paul McKim,
Acting Deputy Regional Director, Pacific Southwest Region, U.S. Fish
and Wildlife Service, Sacramento, California.
[FR Doc. 2011-32894 Filed 12-22-11; 8:45 am]
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