[Federal Register Volume 89, Number 11 (Wednesday, January 17, 2024)]
[Notices]
[Pages 2972-2975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00755]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS-R8-ES-2023-0055; FF08ESMF00-FXES11140800000-234]
Receipt of Incidental Take Permit Application and Proposed
Habitat Conservation Plan for the Aramis Solar Energy Generation and
Storage Project, Alameda County, CA; Availability of Draft
Environmental Assessment
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability of permit application; request for
comment.
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SUMMARY: We, the U.S. Fish and Wildlife Service, announce the
availability of a draft environmental assessment under the National
Environmental Policy Act (NEPA) for an
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incidental take permit (ITP) under the Endangered Species Act (ESA),
supported by a draft habitat conservation plan (draft HCP). IP Aramis,
LLC (applicant) has applied for an ITP under the ESA for the Aramis
Solar Energy Generation and Storage Project in Alameda County,
California. The requested ITP, which would be in effect for a period of
32 years, if granted, would authorize incidental take of the federally
threatened California red-legged frog, federally threatened Central
Distinct Population Segment of the California tiger salamander (Central
California tiger salamander), federally endangered San Joaquin kit fox,
Federal candidate monarch butterfly, and non-listed golden eagle, which
is protected under the Bald and Golden Eagle Protection Act (Eagle
Act). We invite the public and local, State, Tribal, and Federal
agencies to comment on the application. Before issuing the requested
permit, we will take into consideration any information that we receive
during the public comment period.
DATES: We must receive your written comments on or before February 16,
2024.
ADDRESSES:
Obtaining Documents: The draft environmental assessment, draft HCP,
and any comments and other materials that we receive are available for
public inspection at https://www.regulations.gov in Docket No. FWS-R8-
ES-2023-0055.
Submitting Comments: To submit comments, please use one of the
following methods, and note that your information requests or comments
are in reference to the draft environmental assessment, draft HCP, or
both.
Internet: Submit comments at https://www.regulations.gov
under Docket No. FWS-R8-ES-2023-0055.
U.S. Mail: Public Comments Processing, Attn: Docket No.
FWS-R8-ES-2023-0055; U.S. Fish and Wildlife Service Headquarters, MS:
PRB/3W; 5275 Leesburg Pike; Falls Church, VA 22041-3803.
For more information, see Public Comments and Public Availability
of Comments, under SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT: Joseph Terry, Senior Fish and Wildlife
Biologist, or Ryan Olah, Supervisor, Coast Bay Division, Fish and
Wildlife Service, Sacramento Fish and Wildlife Office, by phone at 916-
414-6600. Individuals in the United States who are deaf, deafblind,
hard of hearing, or have a speech disability may dial 711 (TTY, TDD, or
TeleBraille) to access telecommunications relay services. Individuals
outside the United States should use the relay services offered within
their country to make international calls to the point-of-contact in
the United States.
SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service
(Service), announce the availability of a draft environmental
assessment, prepared pursuant to 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. This notice also announces the receipt of an application
from IP Aramis, LLC (applicant) for a 32-year incidental take permit
(ITP) under the Endangered Species Act of 1973, as amended (ESA; 16
U.S.C. 1531 et seq.). Application for the permit requires the
preparation of a habitat conservation plan (HCP) with measures to
avoid, minimize, and mitigate the impacts of incidental take to the
maximum extent practicable. The applicant prepared the draft Aramis
Solar Energy Generation and Storage Project Habitat Conservation Plan
(draft HCP) pursuant to section 10(a)(1)(B) of the ESA. The purpose of
the draft environmental assessment is to assess the effects of issuing
the permit and implementing the draft HCP on the natural and human
environment. The Eagle Act (16 U.S.C. 668-668d and 50 CFR 22.80)
regulations at 50 CFR 22.10 allow the Service to cover eagles under an
HCP Section 10(a)(1)(B) ITP. Accordingly, the HCP was written to meet
the requirements for the Service to issue the permit under ESA Section
10 and the Eagle Act. Criteria for issuance of an eagle permit are
codified in 50 CFR 22.80(f).
Background
Section 9 of the ESA prohibits the take of fish or wildlife species
listed as endangered; as applicable to the species affected by the
proposed action, the ESA implementing regulations also prohibit take of
fish or wildlife species listed as threatened, including the Central
California tiger salamander and California red-legged frog, with
exceptions for certain ranching activities on private and Tribal lands
as described in 50 CFR 17.43(c)(3)(i)-(xi) and 50 CFR 17.43(d)(3)(i)-
(xi). Regulations governing permits for endangered and threatened
species are at 50 CFR 17.22 and 17.32. For more about the Federal
habitat conservation plan (HCP) program, go to https://www.fws.gov/service/habitat-conservation-plans.
National Environmental Policy Act Compliance
The proposed ITP issuance triggers the need for NEPA compliance (42
U.S.C. 4321 et seq.). The draft environmental assessment was prepared
to analyze the impacts of issuing an ITP based on the draft HCP and to
inform the public of the proposed action, any alternatives, and
associated impacts, and to disclose any irreversible commitments of
resources.
Proposed Action Alternative
Under the Proposed Action Alternative, the Service would issue an
ITP to the applicant for a period of 32 years for certain covered
activities (described below). The applicant has requested an ITP for
three federally listed species, one Federal candidate species, and one
non-listed species protected by the Eagle Act (described below).
Habitat Conservation Plan Area
The geographic scope of the draft HCP encompasses a 398-acre (ac)
project permit area and a 453-ac mitigation permit area. The project
permit area comprises an approximately 398-ac site where the power-
generating facilities and battery energy storage system would be
constructed in the unincorporated North Livermore area of Alameda
County, California, approximately 2.25 miles north of the Livermore
city limits and Interstate 580. The project permit area is bounded by
Manning Road to the north, North Livermore Avenue to the east, and a
private driveway to the south. The mitigation permit area is a 453-ac
site located at Vieira Ranch, south of Patterson Pass Road and north of
Tesla Road, in unincorporated eastern Alameda County, California.
Eagle Act Compensatory Mitigation
Retrofitting power poles with a high risk of avian electrocution in
accordance with Avian Power Line Interaction Committee guidelines is
the only form of compensatory mitigation that enables benefits to
golden eagles to be quantified with reasonable certainty at this time.
High-risk poles would be retrofitted within the eagle management unit.
To offset the predicted loss of golden eagle productivity due to
disturbance take and loss of breeding productivity to one breeding
territory in the vicinity of the project permit area and the
disturbance of one breeding territory during two breeding seasons at
the mitigation permit area, the applicant would need to retrofit
approximately 129 to 298 power poles to offset 8.26 fledged young lost
at a 1.2:1 ratio. The final power pole number depends on
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the type and expected longevity of each retrofit. Short-term retrofits
that use plastic covers equate to avoided loss from retrofits that is
maintained and effective for up to 10 years, which would require more
poles. Long-term retrofits where avoided loss from retrofits is
maintained and effective for up to 30 years require fewer poles. To
complete the required compensatory mitigation, the applicant would
either work directly with a utility company to complete the required
power pole retrofits, with Service approval of the developed plan, or
the applicant would work with a Service-approved in-lieu fee program to
purchase credits to fulfill the required retrofits that must be
completed. The draft HCP contains details of the analysis conducted to
estimate the number of power pole retrofits required for compensatory
mitigation.
To address the high cumulative impacts on golden eagle populations
in this area, primarily due to mortality from wind turbines in the
Altamont Pass Wind Resource Area, severe drought, and urban
development, the applicant's proposed off-site 453-ac habitat
mitigation area includes a known golden eagle nest site and overlaps in
part with one golden eagle breeding territory. This nest site and the
mitigation lands would be protected and managed to benefit golden
eagles as described in the draft HCP.
Covered Activities
The proposed ESA section 10 ITP would allow take of the California
red-legged frog, Central California tiger salamander, San Joaquin kit
fox, monarch butterfly, and golden eagle from covered activities in the
proposed HCP area, including all ground-disturbing activities and
impacts from construction, operation and maintenance activities, and
site decommissioning or repowering of the project, as well as
activities necessary to implement management actions at the mitigation
permit area. Covered activities at the 398-ac project permit area
include all ground-disturbing activities and impacts from construction,
including: (1) site access, staging, and preparation, including
development of access roads, internal project area roads, parking
areas, and equipment staging areas, as well as limited excavation
activities for utility poles and building foundations; (2) installation
of a 100-megawatt solar photovoltaic and electrical collection system,
including solar arrays, fencing, and utility lines; (3) installation of
a project substation and generation intertie line occupying a 5,000
square foot area, and utility lines; (4) installation of a battery
energy storage system occupying a 5-ac portion of the project permit
area; (5) construction of an operation and maintenance (O&M) building
and electrical controls occupying approximately 400 square-feet of the
project permit area; (6) construction of project entrances and internal
driveways to provide access for routine maintenance of the system; (7)
installation of fences, lighting, and signage designed to enable
passage of covered species while keeping the project area secure; (8)
construction of a detention basin approximately 0.4 ac in size,
designed to avoid water ponding, prevent the discharge of off-site
stormwater runoff, allow for onsite infiltration within 48 hours (the
basin would be routinely maintained to remove vegetative growth); (9)
installation of water storage tanks onsite for fire suppression for the
battery energy storage system, use for O&M activities, and to maintain
proposed landscaping and vegetation; (10) installation of a
agricultural landscaping buffer as a visual screen (i.e., buffer) to
neighboring properties; (11) O&M activities, including routine
preventative maintenance conducted by O&M staff and supported by
outside contractors; (12) a sustainable agriculture program that
consists of grassland management, sheep grazing, chicken rearing,
beekeeping, and an agricultural landscaping buffer; and (13)
restoration and management of grassland habitat at the project permit
area. Covered activities at the 453-ac mitigation permit area include
installation and maintenance of fencing, cattle grazing, maintenance of
ponds or impoundments, mowing, controlled burning, erosion control or
repair, invasive species control, fire management, monitoring, and
plantings for covered species. The applicant is proposing to implement
a number of best management practices, as well as general and species-
specific avoidance and minimization measures to minimize the impacts of
the covered activities on the covered species.
Covered Species
The applicant has requested an ITP for two federally listed
threatened species, one federally listed endangered species, one
Federal candidate species, and one non-listed species protected by the
Eagle Act: the threatened California red-legged frog (Rana draytonii),
the threatened Central California Distinct Population Segment of the
California tiger salamander (Ambystoma californiense) (Central
California tiger salamander), the endangered San Joaquin kit fox
(Vulpes macrotis mutica), the candidate monarch butterfly (Danaus
plexippus), and the non-listed golden eagle (Aquila chrysaetos). All
species included in the ITP would receive assurances under the
Service's ``No Surprises'' regulations at 50 CFR 17.22(b)(5).
No Action Alternative
Under the No Action Alternative, the Service would not issue an
ITP, and the HCP would not be implemented. Permit denial would prevent
the applicant from proceeding with the covered activities because there
would be no other alternative means of complying with the ESA and Eagle
Act. Under the No Action Alternative there would be no take of
federally listed species, monarch butterflies, or golden eagles, and
permanent protection of habitat for federally listed species, monarch
butterflies, and the golden eagle at Vieira Ranch would not occur. The
retrofit of power poles would also not occur. Under the No Action
Alternative, agricultural uses (dry-land farming and grazing) would
continue at the project site, and a new source of renewable solar
energy would not be available to public utilities, municipal utilities,
or private consumers.
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, the draft environmental assessment, and the draft HCP. 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 area and their possible
impacts on the species;
5. Information on the seasonal use of the mitigation permit area by
the monarch butterfly;
6. Information on establishing a monitoring program for the monarch
butterfly at the mitigation permit area to inform adaptive management
for the benefit of the species;
7. Information on how to enhance, restore, and adaptively manage
breeding and nectar habitat for the monarch butterfly at the mitigation
permit area while maintaining cattle grazing throughout the mitigation
permit area to enhance upland refugia and dispersal
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habitat for the Central California tiger salamander and California red-
legged frog, denning and dispersal habitat for the San Joaquin kit fox,
and foraging habitat for the golden eagle;
8. Information on how to incorporate climate change into an
adaptive management plan at the mitigation permit area for the benefit
of the Central California tiger salamander, California red-legged frog,
San Joaquin kit fox, monarch butterfly, and golden eagle;
9. Information on the effects of photovoltaic solar panels on
annual grassland habitat quality, burrowing mammal activity, amphibians
(e.g., Central California tiger salamander and California red-legged
frog), pollinators (e.g., monarch butterfly and Crotch's bumble bee),
golden eagles, and microclimatic effects underneath the solar panels;
10. Information on the effects of sheep grazing and chicken rearing
on pollinators (e.g., monarch butterfly and Crotch's bumble bee),
amphibians (e.g., Central California tiger salamander and California
red-legged frog), and golden eagles;
11. 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
12. Any other environmental issues that should be considered with
regard to the proposed development and permit action.
Public Availability of Comments
Before including your address, phone number, or other personal
identifying information in your comment, you should be aware that your
entire comment--including your personal identifying information--might
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 and section 7 of the ESA. We will
evaluate the application, associated documents, and any public comments
we receive as part of our NEPA compliance process to determine whether
the application meets the requirements of section 10(a) of the ESA. If
we determine that those requirements are met, we will conduct an intra-
Service consultation under section 7 of the ESA for the Federal action
for the potential issuance of an ITP. If the intra-Service consultation
confirms that issuance of the ITP will not jeopardize the continued
existence of any endangered or threatened species, or destroy or
adversely modify critical habitat, we will issue a permit to the
applicant for the incidental take of the covered species.
Authority
We publish this notice under the National Environmental Policy Act
of 1969, as amended (42 U.S.C. 4321 et seq.), and its implementing
regulations at 40 CFR 1500-1508, as well as in compliance with section
10(c) of the Endangered Species Act (16 U.S.C. 1531 et seq.) and its
implementing regulations at 50 CFR 17.32(b)(1) (ii), and the Eagle Act
(16 U.S.C. 668-668d and 50 CFR 22.80) regulations at 50 CFR 22.10 which
allow the Service to cover eagles under an HCP Section 10(a)(1)(B) ITP.
Criteria for issuance of an eagle permit are codified in 50 CFR
22.80(f).
Michael Fris,
Field Supervisor, Sacramento Fish and Wildlife Office.
[FR Doc. 2024-00755 Filed 1-16-24; 8:45 am]
BILLING CODE 4333-15-P