[Federal Register Volume 85, Number 41 (Monday, March 2, 2020)]
[Notices]
[Pages 12319-12321]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04224]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R8-ES-2019-N162; FRES48010811290 XXX]
Endangered and Threatened Species; Receipt of Incidental Take
Permit Application and Habitat Conservation Plan; Availability of
Environmental Assessment
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for comments.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service, have received an
application from the Pacific Gas and Electric Company for a permit to
conduct activities with the potential to take listed species that is
incidental to, and not the purpose of, carrying out otherwise lawful
activities. With some exceptions, the Endangered Species Act prohibits
certain activities that may impact listed species unless a Federal
permit allows such activity. We invite comments on this application and
the accompanying Environmental Assessment, which we will take into
consideration before issuing a permit.
DATES: We will accept comments received or postmarked on or before
April 1, 2020.
ADDRESSES: Obtaining Documents: The documents this notice announces, as
[[Page 12320]]
well as any comments and other materials that we receive, will be
available for public inspection on the U.S. Fish and Wildlife Service's
Sacramento Field Office website at http://www.fws.gov/sacramento. They
may also be viewed in person by appointment at the Sacramento Fish and
Wildlife Office during regular business hours by contacting the
individuals in FOR FURTHER INFORMATION CONTACT.
Submitting Comments: Please submit comments by one of the following
methods:
Fax: (916) 414-6713.
U.S. mail or hand-delivery: Eric Tattersall, Assistant
Field Supervisor; U.S. Fish and Wildlife Service; Sacramento Fish and
Wildlife Office; 2800 Cottage Way, W-2605; Sacramento, CA 95825
We request that you submit comments by only the methods described
above.
FOR FURTHER INFORMATION CONTACT: Joshua Emery, Senior Biologist,
Conservation Planning Division; or Eric Tattersall, Assistant Field
Supervisor, at the Sacramento Fish and Wildlife Office address above or
by telephone at (916) 414-6600. If you use a telecommunications device
for the deaf, hard-of-hearing, or speech disabled, please call the
Federal Relay Service at 800-877-8339.
SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service
(Service), have received an application for an incidental take permit
(ITP) under the Endangered Species Act of 1973, as amended (ESA; 16
U.S.C. 1531 et seq.). The application addresses the potential for take
of listed species that is likely to occur incidental to the otherwise
lawful activities as described in the applicant's habitat conservation
plan, titled the Draft Pacific Gas and Electric Company Multiple Region
Operation and Maintenance Habitat Conservation Plan (draft HCP).
This notice also advises the public that we have prepared a draft
environmental assessment (draft EA) under the National Environmental
Policy Act of 1969, as amended (NEPA; 42 U.S.C. 4321 et seq.), and its
implementing regulations in the Code of Federal Regulations (CFR) at 40
CFR 1506.6.
Background
Section 9 of the ESA prohibits take of fish and wildlife species
listed as endangered (16 U.S.C. 1538). By regulation, this take
prohibition also applies to certain species listed as threatened. (50
CFR 17.31(a)). Under section 10(a)(1)(B) of the ESA (16 U.S.C.
1539(a)(1)(B)), we may issue permits to authorize take of listed fish
and wildlife species that is incidental to, and not the purpose of,
carrying out an otherwise lawful activity. Regulations governing
permits for listed wildlife species are set forth in 50 CFR parts 17.22
and 17.32.
NEPA requires Federal agencies to analyze their proposed actions to
determine whether the actions may significantly affect the human
environment. In these NEPA analyses, the Federal agency will identify
direct, indirect, and cumulative effects, as well as possible
mitigation for effects on environmental resources that could occur with
implementation of the proposed action and alternatives.
Proposed Action
The Service would issue an ITP to PG&E for a period of 30 years for
certain covered activities (described below) in 34 counties in
California. Annual species effects as a result of PG&E's activities are
estimated to be approximately 100 acres (ac) of permanent habitat loss
and 465 ac of temporary habitat disturbance. PG&E has requested
inclusion of 36 species for coverage (covered species)--24 animals and
12 plants, 35 of which are currently listed as threatened or endangered
under the Act, with one non-listed species also proposed for inclusion
in the HCP. Of these covered species, the Service would, through
issuance of the ITP, authorize incidental take of the 24 animal species
proposed for coverage.
Draft HCP Area
The geographic scope of the draft HCP includes Amador, Butte,
Calaveras, Colusa, El Dorado, Fresno, Glenn, Humboldt, Kern, Lake,
Lassen, Madera, Mariposa, Mendocino, Modoc, Monterey, Nevada, Placer,
Plumas, Sacramento, San Benito, San Luis Obispo, Santa Barbara, Santa
Cruz, Shasta, Sierra, Siskiyou, Sutter, Tehama, Trinity, Tulare,
Tuolumne, Yolo and Yuba counties. The geographic scope of the draft HCP
also includes, for mitigation purposes, an area known as the integrated
plan area, which encompasses the geographic boundaries of the
applicant's two existing HCPs in the San Joaquin Valley and California
Bay Area.
Covered Activities
The proposed section 10 ITP may allow take of wildlife covered
species resulting from covered activities in the proposed HCP plan
area. PG&E is requesting incidental take authorization for covered
species that could be affected by activities identified in the draft
HCP. The draft HCP covers all PG&E O&M, minor new construction, and
pipeline safety enhancement program activities related to PG&E's
natural gas and electric transmission and distribution systems that may
result in take of covered species and that are located in the draft HCP
area. O&M activities occur throughout PG&E's existing network of
facilities and would occur at or near the existing facilities. Minor
new construction activities include installing new or replacement
structures to upgrade facilities or to extend service to new customers.
Minor new construction, when in natural vegetation or agricultural
land-cover types that contain suitable habitat for covered species, is
limited to approximately 2 miles or fewer of new electric or gas line
extensions from an existing line, a total of 1.0 ac or less of new gas
pressure limiting stations within the study area, and 3 ac or less per
electric substation expansion. The size of a minor new construction
project would be estimated as the total footprint, expressed in ac.
Additionally, PG&E's community pipeline safety initiative involves
upgrading key existing gas transmission pipelines located in heavily
populated and other critical areas. Covered activities include
inspection, field testing, and potentially replacing many pipeline
segments to ensure reliable and safe delivery of gas to customers.
Pipeline replacements are estimated to average between 4 miles and 8
miles and are primarily in urban areas, although there would also be
replacement activities in areas of natural vegetation. In such areas,
pipeline replacement projects will take place in areas that have been
previously disturbed by the construction of the original pipeline.
The draft HCP area consists of PG&E's gas and electric transmission
and distribution facilities, rights-of-way, buffer lands, areas owned
by PG&E and/or subject to PG&E easements, access routes, and those
areas acquired as mitigation to offset the impacts resulting from
covered activities. The total draft HCP area is approximately 564,781
ac; of this area, 303,287 ac (53.7 percent) are in natural land-cover
types, 144,274 ac (25.5 percent) are in urban land-cover types, and
117,682 ac (20.8 percent) are in agricultural land-cover types.
The proposed section 10 ITP may allow take of the following covered
wildlife species in California during the course of patrols and
inspections, power pole replacements, reconductoring gas pipeline
segment replacement, gas valve station replacement, and trimming of
vegetation near power lines. Proposed incidental take (measured as
habitat loss) for wildlife species over the permit term is shown in the
table below.
[[Page 12321]]
------------------------------------------------------------------------
Proposed for incidental take
Species (measured as habitat loss) over
permit term
------------------------------------------------------------------------
Animal Species
------------------------------------------------------------------------
Blunt-nosed leopard lizard 70.94 ac, (13.28-ac permanent loss;
(Gambelia sila). 57.56-ac temporary disturbance).
California tiger salamander Breeding habitat: 35.04 ac, (5.91-ac
Central California distinct permanent loss; 29.13-ac temporary
population segment (DPS) disturbance).
(Ambystoma californiense). Upland habitat: 1,394.51 ac, (248.81-
ac permanent loss; 1,148.71-ac
temporary disturbance).
California tiger salamander Santa Breeding habitat: 0.16 ac, (0.02-ac
Barbara DPS (Ambystoma permanent loss; 0.14-ac temporary
californiense). disturbance).
Upland habitat: 88.78 ac, (11.77-ac
permanent loss; 77.01-ac temporary
disturbance).
California red-legged frog (Rana Breeding habitat: 234.00 ac, (48.00-
draytonii). ac permanent loss; 186.00-ac
temporary disturbance).
Upland habitat: 768.00 ac, (127.50-
ac permanent loss; 640.52-ac
temporary disturbance).
Conservancy fairy shrimp 65.42 ac, (7.50-ac permanent loss;
(Branchinecta conservatio). 57.92-ac temporary disturbance).
Foothill yellow-legged frog (Rana Breeding habitat: 11.57 ac, (1.69-ac
boylii). permanent loss; 9.88-ac temporary
disturbance).
Dispersal habitat: 139.00 ac, (20.23-
ac permanent loss; 118.76-ac
temporary disturbance).
Giant garter snake (Thamnophis Aquatic habitat: 102.75 ac, (12.75-
gigas). ac permanent loss; 90.00-ac
temporary disturbance).
Upland habitat: 338.01 ac, (38.01-ac
permanent loss; 300.00-ac temporary
disturbance).
Giant kangaroo rat (Dipodomys 180.00 ac, (30.00-ac permanent loss;
ingens). 150.00-ac temporary disturbance).
Longhorn fairy shrimp 24.39 ac, (3.32-ac permanent loss;
(Branchinecta longiantenna). 21.06-ac temporary disturbance).
Marbeled murrelet (Brachyramphus 127.50 ac, (45.00-ac permanent loss;
marmoratus). 82.50-ac temporary disturbance).
Morro shoulderband snail 9.00 ac, (3.00-ac permanent loss;
(Helminthoglypta walkeriana). 6.00-ac temporary disturbance).
Mount Hermon June beetle 30 ac, (7.50-ac permanent loss;
(Polyphylla barbata). 22.50-ac temporary disturbance).
Mountain yellow-legged frog (Rana 3.60 ac, (0.60-ac permanent loss;
muscosa). 3.00-ac temporary disturbance).
Northern spotted owl (Strix 825.00 ac, (165.00-ac permanent
occidentalis caurina). loss; 660.00-ac temporary
disturbance).
Ohlone tiger beetle (Cicindela 30.00 ac, (7.50-ac permanent loss;
ohlone). 22.50-ac temporary disturbance).
Point Arena mountain beaver 10.50 ac, (3.00-ac permanent loss;
(Aplodontia rufa nigra). 7.50-ac temporary disturbance).
San Joaquin kit fox (Vulpes 65.42 ac, (7.50-ac permanent loss;
macrotis mutica). 57.92-ac temporary disturbance).
Santa Cruz long-toed salamander High-value habitat: 105.00 ac,
(Ambystoma macrodactylum croceum). (15.00-ac permanent loss; 90.00-ac
temporary disturbance).
Moderate value habitat: 170.55 ac,
(29.06-ac permanent loss; 141.49-ac
temporary disturbance).
Low-value habitat: 1216.86 ac,
(213.86-ac permanent loss; 1002.99-
ac temporary disturbance).
Smith's blue butterfly (Euphilotes 87.94 ac, (15.25-ac permanent loss;
enoptes smithi). 72.69-ac temporary disturbance).
Valley elderberry longhorn beetle 360.60 ac, (78.93-ac permanent loss;
(Desmocerus californicus 281.67-ac temporary disturbance).
dimorphus).
Vernal pool fairy shrimp 380.54 ac, (41.97-ac permanent loss;
(Branchinecta lynchi). 338.57-ac temporary disturbance).
Vernal pool tadpole shrimp 380.54 ac, (41.97-ac permanent loss;
(Lepidurus packardi). 338.57-ac temporary disturbance).
Yosemite toad (Anaxyrus canorus).. 2.50 ac, (0.50-ac permanent loss;
2.00-ac temporary disturbance).
Zayante band-winged grasshopper 18.75 ac, (3.59-ac permanent loss;
(Trimerotropis infantilis). 15.15-ac temporary disturbance).
------------------------------------------------------------------------
Species Proposed for coverage (measured as
habitat loss) over permit term
------------------------------------------------------------------------
Plant Species
------------------------------------------------------------------------
Beach layia (Lavia carnosa)....... 0.32 ac or 143 plants, whichever
total is met first.
Ione manzanita (Arctostaphylos 12.25 ac or 64 plants, whichever
myrtifolia). total is met first.
Kern mallow (Eremalche parryi ssp. 10.5 ac or 1,226 plants, whichever
kernensis). total is met first.
Layne's ragwort (Packera layneae). 2.86 ac or 103 plants, whichever
total is met first.
Monterey gilia (Gilia tenuiflora 6.6 ac or 6,266 plants, whichever
ssp. arenaria). total is met first.
Monterey spineflower (Chorizanthe 46.6 ac or 4,376 plants, whichever
pungens var. pungens). total is met first.
Pine Hill ceanothus (Ceanothus 3.67 ac or 33 plants, whichever
roderickii). total is met first.
Pine Hill flannelbush 1.19 ac or 2 plants, whichever total
(Fremontodendron decumbens). is met first.
Robust spineflower (Chorizanthe 1.3 ac or 3,765 plants, whichever
robusta var. robusta). total is met first.
San Benito evening-primrose 0.37 ac or 1,888 plants, whichever
(Camissonia benitensis). total is met first.
Stebbins' morning-glory 0.37 ac or 1,888 plants, whichever
(Calystegia stebbinsii). total is met first.
Yadon's rein orchid (Piperia 2.1 ac or 64 plants, whichever total
yadonii). is met first.
------------------------------------------------------------------------
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.
Next Steps
Issuance of an incidental take permit is a Federal proposed action
subject to compliance with NEPA. We will evaluate the application,
associated documents, and any public comments we receive to determine
whether the application meets the requirements of NEPA regulations and
section 10(a) of the Act. If we determine that those requirements are
met, we will issue a permit to the applicant for the incidental take of
the Covered Species.
Authority
We issue this notice pursuant to section 10(c) of the ESA (16
U.S.C. 1531 et seq.) and its implementing regulations (50 CFR 17.22 and
17.32), and the National Environmental Policy Act (42 U.S.C. 4321 et
seq.) and its implementing regulations (40 CFR 1506.6 and 43 CFR
46.305).
Jennifer Norris,
Field Supervisor, Sacramento Fish and Wildlife Office, Sacramento,
California.
[FR Doc. 2020-04224 Filed 2-28-20; 8:45 am]
BILLING CODE 4333-15-P