[Federal Register Volume 77, Number 6 (Tuesday, January 10, 2012)]
[Notices]
[Pages 1498-1500]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-288]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R8-ES-2011-N265; FF08E00000-FXES11120800000F2-123-F2]
Draft Environmental Assessment and Proposed Single-Species
Habitat Conservation Plan for the Proposed Shiloh IV Wind Plant
Project, Solano County, CA
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability: draft environmental assessment and
proposed habitat conservation plan; request for comment.
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SUMMARY: We, the U.S. Fish and Wildlife Service, have prepared a draft
environmental assessment (EA) under the National Environmental Policy
Act (NEPA) for the Proposed Shiloh IV Wind Plant Project in response to
an application from enXco (applicant) for a 36-year incidental take
permit for one species under the Endangered Species Act of 1973, as
amended (Act). The application addresses the potential for ``take'' of
one federally listed animal, the Central California Distinct Population
Segment of the California tiger salamander. The applicant would
implement a conservation program to minimize and mitigate the project
activities, as described in the applicant's habitat conservation plan
(plan). 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 the
applicant's permit application, plan, and the associated EA.
DATES: To ensure consideration, please send your written comments by
March 12, 2012.
ADDRESSES: Please address written comments to Mike Thomas, Conservation
Planning Division, Fish and Wildlife Service, Sacramento Fish and
Wildlife Office, 2800 Cottage Way, W-2605, Sacramento, CA 95825.
Alternatively, you may send comments by facsimile to (916) 414-6713.
FOR FURTHER INFORMATION CONTACT: Mike Thomas, Chief, Conservation
Planning Division, or Eric Tattersall, Deputy Assistant Field
Supervisor, at the address shown above or at (916) 414-6600
(telephone). 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 have prepared
this EA 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 proposed
habitat conservation plan (plan).
The applicant proposes to develop a plan as part of their
application for an ITP under section 10(a)(1)(B) of the Act. The
proposed plan will include measures necessary to minimize and mitigate
the impacts, to the maximum extent practicable, of potential proposed
taking of a federally listed species to be covered by the plan, and the
habitats upon which it depends, resulting from construction and
operation of the proposed Shiloh IV Wind Plant Project within the
proposed plan area, to include portions of the Montezuma
[[Page 1499]]
Hills Wind Resource Area in Solano County, California.
Background Information
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
significant habitat modification or degradation that results in death
or injury of listed species 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 species 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 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 such
incidental take permits to non-Federal entities for the take of
endangered and threatened species, provided the following criteria are
met:
1. The taking will be incidental;
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.
The applicant seeks incidental take authorization for the following
federally listed threatened species--Central California Distinct
Population Segment of the California tiger salamander (Ambystoma
californiense)--which we will refer to as the covered species in this
notice.
The proposed covered activities under this plan include
constructing and installing the wind turbines and associated electrical
facilities and access roads, expanding the existing enXco operations
and maintenance yard by 5,000 square feet, installing a new 230-
kilovolt substation (to be built on an existing pad), maintaining the
new wind turbines and the associated facilities, and, later,
decommissioning the facility and restoring the site. Specifically,
proposed covered activities include grading, excavating to support
access roads, trenching to install underground electrical lines,
installing of erosion-control measures during covered construction and
maintenance activities, installing new gravel roads, pouring a cement
footing to support each turbine, installing of other infrastructure,
gravel placement for road maintenance, vehicle travel, transport of
equipment and supplies, and other similar actions necessary to support
the construction, maintenance, and operation of the proposed Shiloh IV
Wind Energy Project.
Alternatives in the Draft Environmental Assessment
The proposed action presented in the draft EA will be compared to
the no-action alternative. The no-action alternative represents
estimated future conditions to which the proposed action's estimated
future conditions can be compared. Other alternatives considered,
including their potential impacts, are also addressed in the draft EA.
No Action Alternative
Under the No Action alternative, we would not issue a permit, and
the applicant would not construct the project. The no-action
alternative would not achieve the applicant's objectives and would not
allow the development of the project in a designated wind resource
area.
Reduced Take Alternative
Under the Reduced Take Alternative, wind turbines would be sited
farther than 500 feet from aquatic habitats, which would reduce the
number of turbines that would be constructed. This alternative would
not meet the applicant's objective of a generating capacity of 100
megawatts.
Proposed Alternative
The Shiloh IV Wind Plant Project would be constructed on 3,100
acres encompassing the Plan Area in the Collinsville-Montezuma Hills
Wind Resources Area, south of State Route 12 in Solano County,
California. The Plan Area is within and surrounded by existing energy-
producing facilities and will effectively repower the enXco V project,
currently present on the site. Adjacent energy-producing facilities
include Shiloh I to the north and west, High Winds to the east, Shiloh
II to the north, and Montezuma II to the south and east.
The applicant proposes to develop its wind energy facility that
would deliver renewable energy to the Pacific Gas & Electric California
Independent System Operator power grid to meet California's Renewable
Portfolio Standard goals and help reduce greenhouse gas emissions
pursuant to California Assembly Bill 32 (Global Warming Solutions Act)
and Solano County's General Plan. Up to 50 wind turbines would be built
in the Plan Area. The project would be constructed in a location that
supports suitable habitat for the Central California Distinct
Population Segment of the California tiger salamander, a species listed
as threatened under the Act. The Central California Distinct Population
Segment of the California tiger salamander is the only proposed
``Covered Species.''
The ``Covered Activities'' included in the plan include the
construction and installation of wind turbines and associated
facilities and access roads, maintenance of the wind turbines and
associated facilities, and decommissioning of the site. All turbines
are proposed to be located in cultivated agricultural lands. The
project is expected to result in permanent loss of 25 acres of
agricultural land. Temporary construction effects are expected on 130
acres of agricultural land (115 acres during construction and up to 15
acres for maintenance activities) and approximately 2 acres of
grassland. All land cover types affected would be restored within 1
year of impact. No direct effects on aquatic breeding habitat would
occur.
The applicant proposes to avoid, minimize, and mitigate the effects
to the Covered Species associated with the Covered Activities by fully
implementing the plan. The following mitigation measures will be
implemented for Central CTS as part of the plan: Minimize impact area;
avoid injury of the covered species during implementation of Covered
Activities; avoid habitat impacts associated with erosion and
sedimentation generated by Covered Activities; minimize the risk of
project-related toxic spills that could adversely affect the covered
species or its habitat; restore all temporarily disturbed covered
species' habitat in the Plan Area to pre-project conditions within 1
year of disturbance; ensure implementation of the avoidance and
minimization measures; and offset unavoidable permanent habitat impacts
on the covered species through the
[[Page 1500]]
purchase of approximately 37 acres of credits at a Service and
California Department of Fish and Game-approved conservation bank, to
ensure temporary and permanent effects are mitigated.
Under the proposed action alternative, we would issue an incidental
take permit for the applicant's proposed project, which includes the
activities described above and in more detail in the plan.
Environmental Review and Next Steps
As described in our EA, we have made the preliminary determination
that approval of the proposed plan and issuance of the permit would
qualify as FONSI under NEPA (42 U.S.C. 4321 et seq.), as provided by
Federal regulations (40 CFR 1500, 5(k), 1507.3(b)(2), 1508.4) and the
Department of the Interior Manual (516 DM 2 and 516 DM 8). Our EA
articulates the project effects on all potential resources that could
be adversely affected, including aesthetics, agricultural resources,
air quality, climate change, biological resources, cultural resources,
geology, minerals and paleontological resources, hazardous materials,
hydrology and water quality, land use and planning, noise, public
health hazards, recreation, traffic and transportation, and utilities
and public service systems. It also includes an analysis of
alternatives, and other required analyses such as unavoidable adverse
effects, irreversible and irretrievable commitments of resources,
short-term uses versus long-term productivity and cumulative effects,
and the environmentally preferable alternative (the proposed project).
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 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 subject 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; and
6. Identification of any other environmental issues that should be
considered with regard to the proposed development and permit action.
You may submit your comments and materials by one of the methods
listed in the ADDRESSES section.
We will identify in the FONSI if we need to prepare further NEPA
documentation. We will also consider public comments on the draft EA
when making the final determination on whether to prepare additional
NEPA documents on the proposed action.
Public Availability of Comments
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.
Availability of Documents
You may obtain copies of the permit application, plan, and EA from
the individuals in FOR FURTHER INFORMATION CONTACT. Copies of these
documents are available for public inspection, by appointment, during
regular business hours, at the Sacramento Fish and Wildlife Office (see
ADDRESSES).
Authority
We provide this notice pursuant to section 10(c) of the Act and the
NEPA public-involvement regulations (40 CFR 1500.1(b), 1500.2(d), and
1506.6). We will evaluate the permit application, including the plan
and comments we receive, to determine whether the application meets the
requirements of section 10(a) of the Act. If the requirements are met,
we will issue a permit to the applicant for the incidental take of the
Central California Distinct Population Segment of the California tiger
salamander from the implementation of the Covered Activities described
in the plan. We will make the final permit decision no sooner than 30
days after the date of this notice.
Alexandra Pitts,
Deputy Regional Director, Pacific Southwest Region, U.S. Fish and
Wildlife Service, Sacramento, California.
[FR Doc. 2012-288 Filed 1-9-12; 8:45 am]
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