[Federal Register Volume 79, Number 240 (Monday, December 15, 2014)]
[Notices]
[Pages 74107-74111]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-29255]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R8-ES-2014-N209; FF08ESMF00-FXES11120800000F2-145]
Proposed Habitat Conservation Plan/Natural Community Conservation
Plan for the Counties of Yuba and Sutter, CA; Scoping for Environmental
Impact Statement
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of intent; notice of public scoping meeting; request for
comments.
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SUMMARY: Under the National Environmental Policy Act, we, the U.S. Fish
and Wildlife Service, intend to prepare a draft environmental impact
statement (EIS) for the proposed habitat conservation plan/natural
community conservation plan for the Counties of Yuba and Sutter,
hereafter referred to as the Yuba-Sutter Regional Conservation Plan
(YSRCP). The YSRCP would provide a regional approach for the long-term
conservation of covered species plan area, while allowing for
compatible future land use and development under county and city
[[Page 74108]]
general plan updates and the regional transportation plans. The draft
EIS is being prepared under the Federal Endangered Species Act of 1973,
as amended, and the California Natural Community Conservation Planning
Act. We announce meetings and invite comments.
DATES: To ensure consideration, please send your written comments by
January 29, 2015. The public scoping meeting is on Tuesday, January
6th, from 3-5 and 6-8, at the Yuba County Government Center, Wheatland
room, 915 8th St, Marysville, CA 95901.
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 Yuba-Sutter Regional
Conservation Plan:
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 received comments at the above location.
Fax: U.S. Fish and Wildlife Service, (916) 414-6713,
Attn.: Ellen McBride.
FOR FURTHER INFORMATION CONTACT: Ellen McBride, Senior Biologist, or
Mike Thomas, Chief Conservation Planning Division, Sacramento Fish and
Wildlife Office, 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:
Introduction
We, the U.S. Fish and Wildlife Service (Service), intend to prepare
a draft environmental impact statement (EIS) to evaluate the impacts of
several alternatives related to the potential issuance of an incidental
take permit (ITP), as well as impacts of the implementation of the
supporting proposed habitat conservation plan/natural community
conservation plan, which we will refer to as the Yuba-Sutter Regional
Conservation Plan (YSRCP). The EIS will be a joint EIS/environmental
impact report (EIS/EIR), for which the Service, Yuba and Sutter
Counties, and the California Department of Fish and Wildlife (CDFW)
intend to gather information necessary for preparation.
The YSRCP is designed to be a comprehensive regional plan that will
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 is intended to
serve as a habitat conservation plan pursuant to the Federal Endangered
Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), and as a
natural community conservation plan under the California Natural
Community Conservation Planning Act.
The YSRCP will address State and Federal endangered species
compliance requirements for the Counties of Yuba and Sutter (Counties);
the Cities of Wheatland, Yuba City, and Live Oak; and the YSRCP
implementing entity that will be established to implement the YSRCP
(permit applicants) for activities and projects in the YSRCP plan area
that they conduct or approve. The California Department of
Transportation (Caltrans), while not directly a permit applicant
because of limited discretionary authority over projects, may
participate in the YSRCP by contributing conservation lands to the
overall conservation strategy established by the YSRCP. The plan area
generally includes the Counties of Sutter and Yuba; however, the plan
area does not include the Sutter Buttes, portions of Southern Sutter
County within the Natomas Basin HCP, portions of Eastern Yuba County
that are dominated by oak woodlands, and the City of Marysville. The
permit applicants are currently preparing a complete draft of the YSRCP
as an HCP/NCCP and the permitting agencies (Service and CDFW) are
assisting and will be proceeding with agency review and finalization in
the coming months. The permit applicants intend to apply for a 50-year
incidental take permit (ITP) from the Service. The permittees are
seeking authorized incidental take of threatened and endangered species
that could result from activities covered under the YSRCP. We announce
meetings and invite comments.
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. Sutter County will serve as the State lead agency under the
California Environmental Quality Act (CEQA) for the EIR component.
Sutter County, in accordance with CEQA, is publishing a similar notice.
Project Summary
In 2001, Caltrans began the planning process for improvements to
State Routes 70 and 99 in Yuba and Sutter Counties. Early environmental
review indicated that the roadway improvement projects would affect
federally listed species and would lead to additional cumulative
effects, because the roadway improvements would prompt additional urban
development within these corridors. In order to ensure compliance with
the Act, the Service recommended preparation of an HCP, to which the
Counties and Caltrans agreed. The parties agreed to interim planning
guidelines during preparation of the HCP, which allowed the Service to
issue a biological opinion to allow the roadway projects to proceed.
The Counties, Service, CDFW, and Caltrans formed a working group in
accordance with the provisions of the biological opinion. The working
group evaluated conservation planning approaches, and the Counties
pursued grant funding. The working group agreed to address the
California Endangered Species Act (CESA), as well as the federal Act,
by preparing a combined HCP/NCCP. Work on the YSRCP began in 2004 and
resulted in delineation of the plan area boundaries, determination of
the covered species, and identification of the permit applicants.
Development of the YSRCP is still in progress. In 2012, the the permit
applicants, CDFG, and the Service entered into the YSRCP 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 YSRCP. The planning agreement has helped guide
the YSRCP planning process and to define the initial scope of the
effort. Sutter County served as the lead in coordination of the process
and preparation of the YSRCP.
The YSRCP's conservation strategy proposes to provide a regional
approach for the long-term conservation of covered species (see Covered
Species) and natural communities within the YSRCP plan area, while
allowing for compatible future land use and development under county
and city general plan updates and the regional transportation plans.
The YSRCP identifies and addresses the covered activities that would be
carried out by the permittees that could result in take of covered
species within the YSRCP plan area. The proposed YSRCP is intended to
be consistent with and support compliance with other Federal and State
wildlife-related laws and regulations, other local conservation
planning efforts, and county and city general plans.
The YSRCP is being designed to streamline and coordinate existing
processes for review and permitting of public and private activities
that
[[Page 74109]]
potentially affect protected species. To meet this goal, the YSRCP sets
out a conservation strategy that includes measures that are intended to
ensure that impacts on covered species and their habitat related to
covered activities are avoided, minimized, or mitigated, as
appropriate. These covered activities encompass the range of existing
and future activities that are associated with much of the regional
economy (see Covered Activities).
Background
Section 9 of the Act (16 U.S.C. 1531 et seq.) prohibits 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 modifications 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
ITPs to non-Federal entities for the take of endangered and threatened
species, provided the following criteria are met:
The take 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 habitat. Implementation
of a multispecies HCP, rather than a species-by-species or project-by-
project approach, will 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 permit
applicants will request ITP coverage for a period of 50 years.
Plan Area
The proposed YSRCP plan area (or permit area) includes
approximately 469,271 acres, including 141,644 acres in Yuba County and
327,627 acres in Sutter County. This area includes the Cities of
Wheatland, Yuba City, and Live Oak, and the spheres of influence of
each jurisdiction. The plan area excludes the areas listed below:
The Sutter Buttes, because their ecological
characteristics are distinct from surrounding areas and because the
Buttes are largely protected from future development;
Portions of southern Sutter County within the Natomas
Basin HCP area;
Portions of eastern Yuba County dominated by oak
woodlands; and
Marysville, because of lack of funding and no future
growth plans.
The YSRCP plan area is bounded on the west by Yolo and Colusa
Counties, on the north by Butte County, on the east by Placer County
and portions of Yuba County outside the Plan Area, and on the south by
Yolo and Sacramento Counties and by the portion of Sutter County that
is located within the Natomas Basin HCP Area.
The boundary of the YSRCP plan area is based on political,
ecological, and hydrologic factors. The geographic scope focuses on
valley bottom lands. Areas chosen for inclusion were selected on the
basis of their likelihood to experience future growth; need to expand
and maintain infrastructure; ability to provide connectivity to
adjacent conservation efforts; and feasibility of contributing to a
plan that is scientifically defensible, flexible, and amenable to
analysis and implementation. The plan area is broad enough to
accommodate changes in jurisdictional boundaries over time, provided
the boundaries do not extend beyond the boundaries of the plan area and
project impacts do not exceed the take authorization provided by the
final ITP.
Covered Activities
The proposed section 10 ITP may allow take of Covered Species
resulting from proposed Covered Activities on non-Federal land in the
YSRCP Plan Area. The Permit Applicants intend to request incidental
take authorization for Covered Species that could be affected by
activities identified in the YSRCP. The proposed activities within the
YSRCP Plan Area for which ITP 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 list is not intended to
be exhaustive; rather, it provides an overview of the types of
activities that would be expected to occur. Covered Activities fall
into nine general categories, which are further described below:
1. Residential, commercial, industrial, and commercial agricultural
facilities;
2. Recreational facilities;
3. Transportation facilities;
4. Public and private utilities;
5. Mining and mineral extraction;
6. Groundwater supply and delivery facilities;
7. Flood control maintenance and other stream-related facilities;
8. Wastewater and waste management facilities; and
9. Monitoring and management activities within the YSRCP reserves.
These categories were created to help organize Covered Activities
into groupings that would have similar impacts on Covered Species.
Covered Activities, which would normally be implemented or carried out
in accordance with all other Federal, State, and local laws and
regulations, are described in greater detail below. In addition to the
description of Covered Activities below, the YSRP also contains a list
of specific projects that are currently proposed and that would be
covered by the Plan.
1. Residential, Commercial, Industrial, and Agricultural Facilities
This category includes construction, operation, maintenance, and
use of residential, commercial, industrial, and agricultural facilities
within the Plan Area. This category is intended to be as inclusive as
possible, to accommodate both urban growth and public infrastructure
projects; it includes the construction, operation, maintenance, and use
of typical public and private urban and rural facilities. This category
also includes the construction, maintenance, and use of urban and rural
facilities, including residential, commercial, industrial, and other
types of urban development and infrastructure; rural residential
development and infrastructure; agricultural structures, warehouses,
and processing facilities; and public service and community serving and
cultural facilities, including fire and police stations, community and
convention centers, recreation centers, and similar
[[Page 74110]]
facilities. Vegetation management and control and fuel management
activities would also be included.
2. Recreational Facilities
This category includes construction, operation, maintenance, and
use of recreational facilities in the Plan Area. This category is
intended to be as inclusive as possible, to accommodate both urban
growth and public infrastructure projects, and includes but is not
limited to the construction, maintenance, and use of urban and rural
facilities, including large recreational facilities such as golf
courses, parks, and ball fields; recreational facilities maintenance;
and improvements to and expansion of existing parks and bicycle and
pedestrian trails. Trail maintenance activities, including vegetation
management activities, and minor remediation projects within
recreational facilities, are also proposed for inclusion.
3. Transportation Facilities
This category includes construction of transportation facilities in
the Plan Area, including construction, operation, and maintenance of
State highways, including addition of new lanes and off-ramps; paved
and unpaved roads, bridges, culverts, and transit facilities; new
construction and improvements, including road widening, bridges,
intersection level-of-service improvements, grade separations, and
sound wall installation; and road repair and rehabilitation, including
construction of retaining walls to stabilize adjacent embankments. This
category also includes channel modifications incidental to streambank
stabilization and road restoration and vegetation management.
4. Public and Private Utilities
This category includes construction, operation and maintenance, and
use of public and private utilities in the Plan Area, including
transmission lines, telecommunication lines, telecommunication towers,
and gas lines; vegetation management activities; maintenance of small
utility facilities; and access and maintenance of infrastructure
facilities.
5. Mining and Mineral Extraction
This category includes mining or mineral extraction in the Plan
Area, including construction, operation, and maintenance of operations
for mining of sand, soil, aggregate, and other mineral resources, and
mineral extraction, including gas wells and gas pipelines.
6. Groundwater Supply and Delivery Facilities
This category includes construction of typical water supply and
delivery facilities in the Plan Area, including water treatment plants,
water supply pipelines, percolation ponds, and pump stations;
groundwater recharge sites and associated facilities; maintenance of
water supply facilities; and operation and maintenance of pump
stations, operations yards, utility yards, and corporation yards.
Surface water projects will not be covered under the YSRCP.
7. Flood Control Maintenance and Other Stream-Related Facilities
This category includes detention basins and other stream-related
facilities in the Plan Area, including bank and levee stabilization and
bank or levee improvements, including levee grouting. This includes the
construction, operation and maintenance, and use of retention/detention
ponds; channel modifications incidental to streambank stabilization
associated with retention/detention ponds; bridge construction and
replacement, including vehicular, train, and pedestrian bridges;
culverts; restoration projects outside the reserve system; creek-side
trail projects; and levee maintenance.
8. Wastewater and Waste Management Facilities
This category includes construction, operation and maintenance, and
use of wastewater and waste management facilities in the Plan Area,
including typical wastewater and waste management facilities;
stormwater management facilities, such as storm sewer systems, nonpoint
source reduction, outfalls, and drainage improvements; hazardous
materials remediation for, and restoration related to, abandoned dumps;
operation and maintenance of pump stations, operations yards, utility
yards, and corporation yards; and sewage treatment plants, sanitary
sewer systems (including rehabilitation of force mains and effluent
lines, discharge and reclamation lines, and pump stations), water
recycling, recycling centers, transfer stations, and landfills.
9. Monitoring and Management Activities Within the YSRCP Reserves
This includes projects and activities associated with
implementation of the YSRCP's conservation strategy, most of which will
take place within the reserve system assembled by the Plan. This
includes construction and maintenance of recreational and management
and maintenance and operational facilities and infrastructure;
vegetation management; relocation of covered species from impact sites
and within reserves as necessary; demolition or removal of structures,
roads, or artificial livestock ponds to increase public safety or to
restore habitat; control of introduced predators; stream maintenance
for habitat purposes; surveys and monitoring for mitigation and
restoration/enhancement projects; travel through reserves by various
means for management or maintenance purposes; fire management hazardous
materials remediation; repair of existing facilities damaged by floods
or fire; and operations related to water supply for reserve management.
This category also includes limited recreational use of YSRCP reserves
and activities related to habitat enhancement, restoration, and
creation, and species surveys, monitoring, and research.
Covered Species
Covered Species are those species addressed in the proposed YSRCP
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 CESA, and currently unlisted species that have the potential
to become listed during the life of the YSRCP and have some likelihood
to occur within the YSRCP Plan Area. The YSRCP is currently expected to
address 18 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 YSRCP Plan
Area.
The following Federally listed threatened and endangered wildlife
species are proposed to be covered by the YSRCP. The threatened vernal
pool fairy shrimp (Branchinecta lynchi), endangered vernal pool tadpole
shrimp (Lepidurus packardi), threatened valley elderberry longhorn
beetle (Desmocerus californicus dimorphus), and the threatened giant
garter snake (Thamnophis gigas).
The following unlisted wildlife species are proposed to be covered
by the YSRCP: western spadefoot toad (Spea hammondii), western pond
turtle (Actinemys marmorata), Swainson's hawk (Buteo swainsoni),
western yellow-billed cuckoo (Coccyzus americanus occidentalis), bank
swallow (Riparia riparia), California black rail (Laterallus
jamaicensis coturniculus),
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greater sandhill crane (Grus canadensis tabida), bald eagle (Haliaeetus
leucocephalus), western burrowing owl (Athene cunicularia hypugaea),
and tricolored blackbird (Agelaius tricolor).
``Take'' as defined under the Act does not apply to listed plant
species, and therefore 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 CESA. All species included on an ITP would receive assurances
under the Service's ``No Surprises'' regulations found in 50 CFRs
17.22(b)(5) and 17.32(b)(5). The following unlisted plant species are
proposed for inclusion in the YSRCP in recognition of the conservation
benefits provided for them under the YSRCP and the assurances permit
holders would receive if they are included on a permit: Bogg's Lake
hedge-hyssop (Gratiola heterosepala), Ahart's dwarf rush (Juncus
leiospermus var. ahartii), dwarf downingia (Downingia pusilla), and
legenere (Legenere limosa). Bogg's Lake hedge-hyssop is listed as
endangered under CESA.
Environmental Impact Statement
Before deciding whether to issue the requested Federal ITP, the
Service will prepare a draft EIS in order to analyze the environmental
impacts associated with issuance of the ITP. In the EIS component of
the EIS/EIR, the Service will consider the following alternatives: (1)
The proposed action, which includes the issuance of take authorizations
consistent with the proposed YSRCP 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 YSRCP 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 also identify
measures to avoid or minimize any significant effects of the proposed
action 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 the YSRCP.
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 species in the proposed Plan
Area;
2. Relevant data concerning these 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 archaeological 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 date and time of the scheduled public meeting.
The purpose of the scoping meeting 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/NCCP.
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 meeting. Comments can also be
submitted by methods listed in the ADDRESSES section. Once the Draft
EIS and proposed HCP/NCCP 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 Ellen McBride at
(916) 414-6600 as soon as possible. In order to allow sufficient time
to process requests, please call at least one week before the public
meeting. Information regarding this proposed action is available in
alternative formats upon request.
Authority
We publish this notice under the National Environmental Policy Act
(42 U.S.C. 4321 et seq.) and its implementing regulations (40 CFR
1501.7, 1506.6, and 1508.22), as well as in compliance with section
10(c) of the Act (16 U.S.C. 1531 et seq.).
Dated: November 25, 2014.
Alexandra Pitts,
Deputy Regional Director, U.S. Fish and Wildlife Service, Pacific
Southwest Region, Sacramento, California.
[FR Doc. 2014-29255 Filed 12-12-14; 8:45 am]
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