[Federal Register: December 29, 1999 (Volume 64, Number 249)] [Notices] [Page 73058-73060] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr29de99-127] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Availability of a Draft Environmental Impact Statement and Receipt of an Application for an Incidental Take Permit for the High Desert Power Project, Victorville, San Bernardino County, California AGENCY: Fish and Wildlife Service, Interior (Lead Agency); Bureau of Land Management, Interior and Corps of Engineers, Army (Cooperating Agencies). ACTION: Notice of availability. ----------------------------------------------------------------------- SUMMARY: The High Desert Power Project Limited Liability Company (Applicant) has applied to the Fish and Wildlife Service (Service) for an incidental take permit pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended. The [[Page 73059]] proposed 50-year permit would authorize the incidental take of the threatened desert tortoise (Gopherus agassizii) in connection with the development, operation, maintenance, and eventual decommissioning of the High Desert Power Project (Power Project) in San Bernardino County, California. The proposed permit would also authorize the incidental take, in connection with the Power Project, of the Mohave ground squirrel (Spermophilis mohavensis), a species listed as threatened by the State of California, in the event that species becomes listed as threatened or endangered under the Endangered Species Act during the term of the requested permit. The Service, in cooperation with the Bureau of Land Management and the Army Corps of Engineers, has prepared a draft Environmental Impact Statement addressing the potential effects on the human environment that may result from the proposed granting of an incidental take permit and other federal actions associated with the construction and operation of the Power Project. The permit application, including the Applicant's proposed Habitat Conservation Plan and Implementing Agreement, are available for public review and comment. The Environmental Impact Statement also is available for public review and comment. All comments received, including names and addresses, will become part of the administrative record and may be made available to the public. DATES: Written comments must be received on or before February 23, 2000. ADDRESSES: Comments should be addressed to Ms. Diane Noda, Field Supervisor, Fish and Wildlife Service, 2493 Portola Road, Suite B, Ventura, CA 93003. Written comments may also be sent via facsimile to (805) 644-3958. FOR FURTHER INFORMATION CONTACT: Mr. George Walker, Fish and Wildlife Service Biologist, Barstow, California, at (760) 255-8852. SUPPLEMENTARY INFORMATION: Document Availability Copies of the incidental take permit application materials and draft Environmental Impact Statement are available for review at the following government offices and libraries: Government Offices--Fish and Wildlife Service, Ventura Field Office, 2493 Portola Road, Suite B, Ventura, California 93003, (805) 644-1766; and the Bureau of Land Management, Barstow Field Office, 2601 Barstow Road, Barstow, California 92311, (760) 252-6000. Libraries--California State Library, Information and Reference Center, 914 Capital Mall, Room 301, Sacramento, California 95814, (916) 654-0261; San Bernardino County Library, Adelanto Branch, 11744 Bartlett Avenue, Adelanto, California 92301, (760) 246-5661, San Bernardino County Library, Victorville Branch, 15011 Circle Drive, Victorville, California 92392, (760) 245-4222. Background Section 9 of the Endangered Species Act and Federal regulation prohibit the ``take'' of animal species listed as endangered or threatened. That is, no one may harass, harm, pursue, hunt, shoot, wound, kill, trap, capture or collect listed animal species, or attempt to engage in such conduct (16 USC 1538). Under limited circumstances, the Service, however, may issue permits to authorize ``incidental take'' of listed animal species (defined by the Endangered Species Act as take that is incidental to, and not the purpose of, the carrying out of an otherwise lawful activity). Regulations governing permits for threatened and endangered species, respectively, are at 50 CFR 17.32 and 50 CFR 17.22. The High Desert Power Project Limited Liability Company seeks an incidental take permit for the threatened desert tortoise, and for the Mohave ground squirrel should it be listed under the Act during the term of the permit. Take of these species would be incidental to the High Desert Power Project. The Applicant proposes to construct, operate and maintain a 680- to 830-megawatt natural gas-fueled electricity generation power plant on a 25-acre site located in the northeast corner of the Southern California Logistics Airport, formerly a part of George Air Force Base, in the City of Victorville, San Bernardino County, California. The Applicant proposes to use an additional 24-acre area for construction staging. The proposed project also includes the construction, operation and maintenance of 7 water injection/extraction wells within the Mojave River watershed; 2 water supply pipelines (one approximately 2.5 miles in length and the other approximately 6.5 miles in length); 2 natural gas supply pipelines (one approximately 3.5 miles in length and the other approximately 32 miles in length); and a 7- mile-long electrical transmission line. Construction of the Power Project and associated facilities would result in short-term, long-term, and permanent disturbances to desert tortoise and Mohave ground squirrel habitat. The Power Project would disturb approximately 630.2 acres of habitat, with approximately 244.1 acres of short-term disturbance and 386.1 acres of long-term and/or permanent disturbance. The Applicant proposes to minimize and/or mitigate for impacts associated with the Power Project, in part, by conducting pre- construction surveys of proposed work areas and construction zones, and by developing an employee and contractor education program that would describe allowable practices when constructing in desert tortoise and Mohave ground squirrel habitat area. The Applicant would revegetate habitat disturbed during construction, operation, maintenance, and/or decommissioning activities in accordance with an approved habitat conservation plan. As compensation for impacts to habitat on private land, the Applicant would ensure the protection in perpetuity of 1,242.8 acres of off-site mitigation lands or habitat credits, having habitat value for both desert tortoises and Mohave ground squirrels that is at least as great as the value of the habitat being impacted. The number of compensation acres was developed based on an agency- approved formula which assesses the categories of previous and potential disturbance, the condition and classification of the impacted habitat, and potential impacts to adjacent habitat. In addition to issuance of an incidental take permit by the Service, the High Desert Power Project Limited Liability Company has requested other Federal authorizations for the proposed project. The Applicant seeks Nationwide Permit No. 12 authorizations by the Army Corps of Engineers, pursuant to Section 404 of the Clean Water Act, for pipeline crossings of waters of the United States. The Applicant also seeks a right-of-way grant from the Bureau of Land Management pursuant to Section 28 of the Mineral Leasing Act of 1920, to authorize construction, operation and maintenance of the 32-mile natural gas pipeline. To mitigate for impacts to desert tortoise and Mohave ground squirrel associated with construction and operation of this gas pipeline, the Applicant proposes that funding for restoration activities may be provided either in lieu of or in combination with the purchase of compensation lands or habitat credits. In December 30, 1998, a notice was published in the Federal Register (61 FR 71940) announcing that the Service would take the lead in preparing an [[Page 73060]] Environmental Impact Statement addressing the Federal actions associated with the Power Project. The Bureau of Land Management and Army Corps of Engineers may use this Environmental Impact Statement as the basis for their separate Federal permit decisions. Comments received by the agencies during scoping were considered and are reflected in the draft Environmental Impact Statement made available for comment through this notice. The draft Environmental Impact Statement analyzes the potential environmental impacts that may result from the Federal actions requested in support of the proposed development of the High Desert Power Project, and identifies various alternatives, including the No Action Alternative (no incidental take permit), the Combined Cycle Power Plant with Dry Cooling Alternative, and various alternatives proposing the power plant be located in different locations. Several of these alternatives would reduce the amount of habitat disturbance and levels of take of threatened and endangered species compared to the Proposed Project Alternative but would have potentially greater adverse effects on other resources such as air quality, land use, views, and geological hazards. The analysis provided in the draft Environmental Impact Statement is intended to accomplish the following: inform the public of the proposed action and alternatives; address public comment received during the scoping period; disclose the direct, indirect, and cumulative environmental effects of the proposed actions and each of the alternatives; and indicate any irreversible commitment of resources that would result from implementation of the proposed action. This notice is provided pursuant to section 10(a) of the Endangered Species Act and Fish and Wildlife Service regulations for implementing the National Environmental Policy Act of 1969 (40 CFR 1506.6). Dated: December 21, 1999. Elizabeth H. Stevens, Deputy Manager, Region 1, California/Nevada Operations Office, Sacramento, California. [FR Doc. 99-33616 Filed 12-28-99; 8:45 am] BILLING CODE 4310-55-P