[Federal Register Volume 77, Number 241 (Friday, December 14, 2012)]
[Notices]
[Pages 74500-74504]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-30182]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R8-ES-2012-N226; FF08ESMF00-FXES11120800000-134]
Proposed Habitat Conservation Plan/Natural Community Conservation
Plan for Western Butte County, CA: Environmental Impact Statement
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of intent; notice of public scoping meeting; request for
comments.
-----------------------------------------------------------------------
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 Habitat Conservation Plan/
Natural Community Conservation Plan for Western Butte County, hereafter
referred to as the Butte Regional Conservation Plan (BRCP). This
document is being prepared under the Endangered Species Act of 1973, as
amended, and the California Natural Community Conservation Planning
Act. The BRCP addresses State and Federal endangered species compliance
requirements for the county of Butte and the cities of Oroville, Chico,
Biggs, and Gridley (local agencies); the Butte County Association of
Governments (BCAG); the California Department of Transportation
(Caltrans); the Western Canal Water District; the Biggs West Gridley
Water District, Butte Water District; and Richvale Irrigation District;
and the BRCP implementing entity that will be established to implement
the BRCP (permit applicants) for activities and projects in the BRCP
plan area that they conduct or approve. The permit applicants intend to
apply for a 50-year incidental take permit from the Service. This
permit is needed to authorize the incidental take of threatened and
endangered species that could result from activities covered under the
BCRP. We announce meetings and invite comments.
DATES: To ensure consideration, please send your written comments by
January 28, 2013. Two public scoping meetings will be held on January
9th, 2013, the first from 2 to 4 p.m. at the Oroville City Council
Chambers, located at 1735 Montgomery Street Oroville, CA 95965; and the
second from 6:00 to 8:00 p.m. at the Butte County Association of
Governments, at 2580 Sierra Sunrise Terrace Suite 100, Chico, CA 95928.
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 Butte Regional Conservation
Plan (BRCP):
U.S. Mail: U.S. Fish and Wildlife Service, Sacramento Fish
and Wildlife Office, 2800 Cottage Way, Room W-2605, Sacramento, CA
95825.
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
[[Page 74501]]
received comments at the above U.S. mail address.
Fax: U.S. Fish and Wildlife Service, 916-414-6713, Attn.:
Mike Thomas.
FOR FURTHER INFORMATION CONTACT: Mike Thomas, Chief, Conservation
Planning Division, Sacramento Fish and Wildlife Office, or Eric
Tattersall, Deputy Assistant Field Supervisor, by phone at 916-414-6600
or by U.S. mail at the above address. 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 to the
applicants, as well as impacts of the implementation of the supporting
proposed Butte Regional Conservation Plan. The EIS will be a joint EIS/
Environmental Impact Report (EIR), for which the Service, BCAG, the
National Marine Fisheries Service (NMFS), and the California Department
of Fish and Game (CDFG), intend to gather information necessary for
preparation.
The BRCP is a comprehensive, regional plan designed to provide
long-term conservation and management of natural communities, sensitive
species, and the habitats upon which those species depend, while
accommodating other important uses of the land. It will serve as a
habitat conservation plan pursuant to the federal Endangered Species
Act (Act), and a natural community conservation plan (NCCP) under the
California Natural Community Conservation Planning Act (NCCPA).
The Service will serve as the administrative lead for all actions
related to this Federal Register notice for the EIS component of the
EIS/EIR. The BCAG will serve as the State lead agency under the
California Environmental Quality Act for the EIR component. BCAG, in
accordance with the California Environmental Quality Act, is publishing
a similar notice.
Project Summary
In 2007, the BRCP planning agreement was entered into and by and
among the local agencies, BCAG, CDFG, the Service, and NMFS. In 2010,
Western Canal Water District, Biggs West Gridley Water District, Butte
Water District, Richvale Irrigation District and Caltrans became
additional signatories to the planning agreement. The planning
agreement set out the initial scope of the program and defined the
roles and responsibilities of the parties in the development of the
BRCP. The planning agreement has helped guide the BRCP planning process
and to define the initial scope of the effort. BCAG served as the lead
in coordination of the process and preparation of the BRCP.
The BRCP's conservation strategy proposes to provide a regional
approach for the long-term conservation of covered species (see Covered
Species, below) and natural communities within the BRCP plan area while
allowing for compatible future land use and development under county
and city general plan updates and the regional transportation plans.
The BRCP identifies and addresses the covered activities carried out by
the permittees that may result in take of covered species within the
BRCP plan area.
The proposed BRCP is intended to be consistent with and support
compliance with other Federal and State wildlife and related laws and
regulations, other local conservation planning efforts, and the city
and county general plans. The BRCP was developed in coordination with
the development of city and county general plans in the BRCP plan area,
with feedback loops between the BRCP and general plan processes. These
feedback loops identified opportunities and constraints and allowed for
improvements in the general plans regarding the avoidance and
minimization of impacts on biological resources and the development of
open space and conservation elements that dovetail with the BRCP.
The proposed BRCP is designed to streamline and coordinate existing
processes for review and permitting of public and private activities
that potentially affect protected species. To meet this goal, the BRCP
will propose a conservation strategy that includes measures to ensure
that impacts on covered species and habitats related to covered
activities are avoided, minimized, or mitigated, as appropriate.
Covered activities encompass the range of existing and future
activities that are associated with much of the regional economy (see
Covered Activities, below).
Background
Section 9 of the Act (16 U.S.C. 1531 et seq.) and Federal
regulations prohibit the ``take'' of wildlife species listed as
endangered or threatened. The Act defines the term ``take'' as: to
harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or
collect listed species, or to attempt to engage in such conduct (16
U.S.C. 1532). Harm includes significant habitat modification or
degradation that actually kills or injures listed wildlife by
significantly impairing essential behavioral patterns, including
breeding, feeding, and sheltering [50 CFR 17.3(c)]. Pursuant to section
10(a)(1)(B) of the Act, we may issue permits to authorize ``incidental
take'' of listed species. ``Incidental take'' is defined by the Act as
take that is incidental to, and not the purpose of, carrying out an
otherwise lawful activity. Service regulations governing permits for
threatened species and endangered species, respectively, are
promulgated in 50 CFR 17.22 and 17.32.
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:
The taking will be incidental;
The applicants will, to the maximum extent practicable,
minimize and mitigate the impact of such taking;
The applicants will develop a proposed HCP and ensure that
adequate funding for the plan will be provided;
The taking will not appreciably reduce the likelihood of
the survival and recovery of the species in the wild; and
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 is to allow the applicants,
under their respective regional authority, to authorize development
while conserving the covered species and their habitats. Implementation
of a multispecies HCP, rather than a species-by-species or project-by-
project approach, can maximize the benefits of conservation measures
for covered species and eliminate expensive and time-consuming efforts
associated with processing individual ITPs for each project within the
applicants' proposed Plan Area. The Service expects that the applicants
will request ITP coverage for a period of 50 years.
Plan Area
The boundary of the BRCP plan area (or permit area) is based on
political, ecological, and hydrologic factors. The BRCP plan area
includes approximately 564,270 acres, including the western lowlands
and foothills of Butte County.
[[Page 74502]]
The BRCP plan area is bounded on the west by county boundaries with
Tehama, Glenn, and Colusa Counties; bounded on the south by boundaries
with Sutter and Yuba Counties; bounded on the north by the boundary
with Tehama County; and bounded on the east by the upper extent of
landscape dominated by oak woodland natural communities. Specifically,
the eastern oak woodland boundary is defined by a line below which
land-cover types dominated by oak trees comprise more than one half of
the land cover present, plus a small portion of the City of Chico that
extends above the oak zone.
Covered Activities
The proposed section 10 incidental take permit may allow take of
covered wildlife species resulting from covered activities on non-
Federal land in the proposed BRCP plan area. BCAG and local partners
intend to request incidental take authorization for covered species
that could be affected by activities identified in the BRCP. The
activities within the BRCP plan area for which incidental take permit
coverage is requested include construction and maintenance of
facilities and infrastructure, both public and private, that are
consistent with local general plans and local, State and Federal laws.
The following is a summary of covered activities as proposed in the
BRCP. Activities are grouped geographically (within Urban Permit Areas,
outside urban permit areas, and within the system of conservation lands
established in the BRCP), and are further grouped into activities that
result in permanent development, and activities involving maintenance
of existing or new facilities that are expected to occur over time
during the permit duration. This following list is not intended to be
exhaustive; rather, it provides an overview of the types of activities
that would be expected to occur.
1. Activities within Urban Permit Areas (UPAs) are areas within the
BRCP plan area for which the cities and County anticipate urban
development under their respective general plan updates.
a. Permanent Development: Covered activities within UPAs as a
result of new construction and improvements to existing facilities are
covered, including the following types of activities: residential,
commercial, public facilities, and industrial construction;
recreational activity-related construction; transportation facilities
construction; pipeline installation; utility services (above and below
ground); waste and wastewater management activities; flood control and
stormwater management activities; and in-water permanent development
projects.
b. Recurring Maintenance: Covered activities within UPAs include
maintenance of existing and new facilities that results in temporary
impacts, including the following types of activities: recreational
activities; transportation facilities maintenance; pipeline
maintenance; utility services; waste and wastewater facilities
management activities; flood control and stormwater management
activities; vegetation management; bridge and drainage structure
maintenance; in-water recurring maintenance activities; and irrigation
and drainage canal activities (Western Canal Water District, Biggs West
Gridley Water District, Butte Water District, and Richvale Irrigation
District).
2. Activities outside UPAs are areas of the county within the BRCP
plan area and located outside of the UPAs. Covered activities include
linear utilities, transportation construction and maintenance projects,
and agricultural support services projects. Outside UPAs do not include
areas that become part of BRCP conservation lands.
a. Permanent Development: Covered activities of outside UPAs
include new construction and improvements to existing facilities,
including the following types of activities: waste management and
wastewater facilities; rerouting of canals (Western Canal Water
District, Biggs West Gridley Water District, Butte Water District, and
Richvale Irrigation District); transportation facilities construction;
BCAG Regional Transportation Plan and Caltrans projects; county rural
bridge replacement projects; Butte County rural intersection
improvement projects; Butte County rural roadway improvement projects;
in-water permanent development projects; and agricultural services.
b. Recurring Maintenance: Covered activities of outside UPAs
include maintenance of existing and new facilities, including the
following types of activities: waste and wastewater management
activities; irrigation and drainage canal activities (Western Canal
Water District, Biggs West Gridley Water District, Butte Water
District, and Richvale Irrigation District); transportation facilities
maintenance; flood control and stormwater management activities;
vegetation management; in-water maintenance activities; and bridge and
drainage structure maintenance.
3. Conservation Lands include the system of conservation lands
established under the BRCP. Conservation actions will be implemented by
the BRCP on conservation lands, including the following types of
activities: habitat management; habitat restoration and enhancement;
habitat and species monitoring; directed studies; general maintenance
of conservation lands and facilities; avoidance and minimization
measures; and species population enhancement measures.
Covered Species
Covered Species are those species addressed in the proposed BRCP
for which conservation actions will be implemented and for which the
permit applicants will seek incidental take authorizations for a period
of up to 50 years. Proposed covered species are expected to include
threatened and endangered species listed under the Act, species listed
under the California Endangered Species Act, and currently unlisted
species. Species proposed for coverage in the BRCP are species that are
currently listed as federally threatened or endangered or have the
potential to become listed during the life of this BRCP and have some
likelihood to occur within the BRCP plan area. The BRCP is currently
expected to address 41 listed and non-listed wildlife and plant
species. The list of proposed covered species may change as the
planning process progresses; species may be added or removed as more is
learned about the nature of covered activities and their impact within
the BRCP plan area.
The following federally listed threatened and endangered wildlife
species are proposed to be covered by the BRCP: The threatened Central
Valley steelhead (Oncorhynchus mykiss), endangered Sacramento River
winter-run Chinook salmon (Oncorhynchus tshawytscha), threatened
Central Valley spring-run Chinook salmon (Oncorhynchus tshawytscha),
threatened green sturgeon (Acipenser medirostris), threatened Valley
elderberry longhorn beetle (Desmocerus californicus dimorphus),
endangered vernal pool tadpole shrimp (Lepidurus packardi), endangered
conservancy fairy shrimp (Branchinecta conservatio), threatened vernal
pool fairy shrimp (Branchinecta lynchi), and threatened giant garter
snake (Thamnophis gigas).
The following unlisted wildlife species are proposed to be covered
by the BRCP: tricolored blackbird (Agelaius tricolor), yellow-breasted
chat (Icteria virens), bank swallow (Riparia riparia), Western
burrowing owl (Athene
[[Page 74503]]
cunicularia hypugea), western yellow-billed cuckoo (Coccyzus americanus
occidentalis), greater sandhill crane (Grus canadensis tabida),
California black rail (Laterallus jamaicensis coturniculus), American
peregrine falcon (Falco peregrinus anatum), Swainson's hawk (Buteo
swainsoni), white-tailed kite (Elanus leucurus), bald eagle (Haliaeetus
leucocephalus), Blainville's horned lizard (Phrynosoma blainvillii),
Western pond turtle (Actinemys marmorata), foothill yellow-legged frog
(Rana boylii), Western spadefoot toad (Spea hammondii), Central Valley
fall/late fall-run Chinook salmon (Oncorhynchus tshawytscha),
Sacramento splittail (Pogonichthys macrolepidotus), and river lamprey
(Lampetra ayresii).
Take of listed plant species is not prohibited on non-Federal land
under the Act, and cannot be authorized under a section 10 permit.
However, the permit applicants propose to include plant species on the
permit in recognition of the conservation benefits provided for them
under an HCP. For the purposes of the plan, certain plant species are
further included to meet regulatory obligations under section 7 of the
Act and the California Endangered Species Act. The Applicant would
receive assurances under the Service's ``No Surprises'' regulations
found in 50 CFR 17.22(b)(5) and 17.32(b)(5) for all species on the
incidental take permit. The following federally listed plant species
are proposed to be included in the BRCP in recognition of the
conservation benefits provided for them under the BRCP and the
assurances permit holders would receive if they are included on a
permit: the threatened Hoover's spurge (Chamaesyce hooveri), endangered
Butte County meadowfoam (Limnanthes floccosa ssp. californica),
endangered hairy Orcutt grass (Orcuttia pilosa), threatened slender
Orcutt grass (Orcuttia tenuis), and endangered Greene's tuctoria
(Tuctoria greenei). The following unlisted plant species are also
proposed to be included in the BRCP: Ferris' milkvetch (Astragalus
tener var. ferrisiae), lesser saltscale (Atriplex minuscule), Ahart's
dwarf rush (Juncus leiospermus var. ahartii), Red Bluff dwarf rush
(Juncus leiospermus var. leiospermus), veiny monardella (Monardella
douglasii ssp. venosa), Ahart's paronychia (Paronychia ahartii),
California beaked-rush (Rhynchospora californica) Butte County
checkerbloom (Sidalcea robusta), and Butte County golden clover
(Trifolium jokerstii).
Environmental Impact Statement
Before deciding whether to issue the requested Federal incidental
take permit, the Service will prepare a draft EIS, in order to analyze
the environmental impacts associated with issuance of the incidental
take permit. In the EIS, the Service will consider the following
alternatives: (1) The proposed action, which includes the issuance of
take authorizations consistent with the proposed BRCP under section
10(a)(1)(B) of the Act; (2) no action (no permit issuance); and (3) a
reasonable range of additional alternatives. The EIS/EIR will include a
detailed analysis of the impacts of the proposed action and
alternatives. The range of alternatives could include variations in
impacts, conservation, permit duration, covered species, covered
activities, permit area, or a combination of these elements.
The EIS/EIR will identify and analyze potentially significant
direct, indirect, and cumulative impacts of our authorization of
incidental take (permit issuance) and the implementation of the
proposed BRCP on biological resources, land uses, utilities, air
quality, water resources, cultural resources, socioeconomics and
environmental justice, recreation, aesthetics, climate change and
greenhouse gases, and other environmental issues that could occur with
implementation of each alternative. The Service will use all
practicable means, consistent with NEPA and other relevant
considerations of national policy, to avoid or minimize significant
effects of our actions on the quality of the human environment.
Following completion of the environmental review, the Service will
publish a notice of availability and a request for comment on the draft
EIS/EIR and the applicants' permit application, which will include the
proposed HCP.
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/EIR
and in the development of an 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 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.
Comments and materials we receive, as well as supporting
documentation we use in preparing the EIS/EIR document, will be
available for public inspection by appointment, during normal business
hours (Monday through Friday, 8 a.m. to 4:30 p.m.) at the Service's
Sacramento address (see ADDRESSES).
Scoping Meetings
See DATES for the dates and times of our public meetings. 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 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 and made available for review, there
will be additional opportunity for public comment on the content of
these documents through additional public comment periods.
Meeting Location Accommodations
Persons needing reasonable accommodations in order to attend and
participate in the public meetings should contact Mike Thomas at 916-
414-6600 as soon as possible. In order to allow sufficient time to
process requests, please call no later than one week before the public
meeting. Information regarding this proposed action is available in
alternative formats upon request.
Authority
We provide this notice under section 10 of the Act (16 U.S.C. 1531
et seq.) and per NEPA Regulations (40 CFR 1501.7, 40 CFR 1506.6, and
1508.22).
[[Page 74504]]
Dated: December 10, 2012
Alexandra Pitts,
Deputy Regional Director, Pacific Southwest Region, Sacramento,
California.
[FR Doc. 2012-30182 Filed 12-13-12; 8:45 am]
BILLING CODE 4310-55-P