[Federal Register Volume 82, Number 56 (Friday, March 24, 2017)]
[Notices]
[Pages 15063-15066]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05856]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2016-N232; FF08ESMF00-FXES11120800000-178]


Habitat Conservation Plan for Pacific Gas and Electric Company's 
San Francisco Bay Area Operations and Maintenance

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; receipt of permit application, draft 
environmental assessment, draft habitat conservation plan, request for 
comment; withdrawal of notice to prepare an environmental impact 
statement.

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SUMMARY: This notice advises the public that we, the U.S. Fish and 
Wildlife Service, have prepared a draft environmental assessment under 
the National Environmental Policy Act of 1967, as amended, and its 
implementing regulations. This notice also announces the receipt of an 
application for an incidental take permit under the Endangered Species 
Act of 1973, as amended, and receipt of a draft habitat conservation 
plan. Also, we announce that we are withdrawing a prior notice to 
prepare an environmental impact statement.

DATES: Submitting Comments: To ensure consideration, written comments 
must be received by April 24, 2017.

ADDRESSES: Submitting Comments: Please address written comments to Mike 
Thomas, Chief, Conservation Planning Division, or Eric Tattersall, 
Assistant Field Supervisor, by mail/hand-delivery at U.S. Fish and 
Wildlife Service, Sacramento Fish and Wildlife Office, 2800 Cottage 
Way, W-2605, Sacramento, California 95825; or by facsimile to (916) 
414-6713. You may telephone (916) 414-6600 to make an appointment 
during regular business hours to drop off comments at the Sacramento 
Fish and Wildlife Office.
    Reviewing Documents: You may obtain electronic copies of the draft 
habitat conservation plan and draft EA by downloading them from the 
Sacramento Fish and Wildlife Office Web site at http://www.fws.gov/sacramento, or by contacting any of the individuals in FOR FURTHER 
INFORMATION CONTACT. Copies of these documents are also available for 
public inspection, by appointment, during regular business hours at the 
Sacramento Fish and Wildlife Office (see ADDRESSES).

FOR FURTHER INFORMATION CONTACT: Josh Emery, San Joaquin Valley 
Division; Mike Thomas, Chief, Conservation Planning Division; or Eric 
Tattersall, Assistant Field Supervisor, at the Sacramento Fish and 
Wildlife Office (see ADDRESSES) or at (916) 414-6600 (telephone). If 
you use a telecommunications device for the deaf, please call the 
Federal Relay Service at (800) 877-8339.

SUPPLEMENTARY INFORMATION: This notice advises the public that we, the 
U.S. Fish and Wildlife Service (Service), have prepared a draft 
environmental assessment (draft EA) under the National Environmental 
Policy Act of 1967, as amended (42 U.S.C. 4321 et

[[Page 15064]]

seq.; NEPA), 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 
Pacific Gas and Electric Company (PG&E) for a 30-year incidental take 
permit (ITP) under the Endangered Species Act of 1973, as amended (16 
U.S.C. 1531 et seq.; Act). PG&E prepared the Draft Bay Area Habitat 
Conservation Plan (Draft Plan, or HCP) pursuant to section 10(a)(1)(B) 
of the Act. PG&E is requesting the authorization of incidental take for 
32 covered species that could result from activities covered under the 
Draft Plan.

Introduction

    The Draft Plan is a comprehensive regional habitat conservation 
plan for the nine counties surrounding the San Francisco Bay, and is 
designed to provide long-term conservation and management of sensitive 
species and the habitats upon which those species depend, while 
accommodating routine operation and maintenance (O&M) activities and 
minor construction for PG&E's gas and electrical distribution 
facilities and implementation of the Draft Plan.

Background Information

    Section 9 of the Act (16 U.S.C. 1531-1544 et seq.) and Federal 
regulations (50 CFR 17) prohibit the taking of fish and wildlife 
species listed as endangered or threatened under section 4 of the Act. 
Take of federally listed fish or wildlife is defined under the Act as 
to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or 
collect listed species, or attempt to engage in such conduct. The term 
``harass'' is defined in the regulations as to carry out actions that 
create the likelihood of injury to listed species to such an extent as 
to significantly disrupt normal behavioral patterns, which include, but 
are not limited to, breeding, feeding, or sheltering (50 CFR 17.3). The 
term ``harm'' is defined in the regulations as significant habitat 
modification or degradation that results in death or injury of listed 
species by significantly impairing essential behavioral patterns, 
including breeding, feeding, or sheltering (50 CFR 17.3). However, 
under specified circumstances, the Service may issue permits that allow 
the take of federally listed species, provided that the take that 
occurs is incidental to, but not the purpose of, an otherwise lawful 
activity.
    Regulations governing permits for endangered and threatened species 
are at 50 CFR 17.22 and 17.32, respectively. 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:

    (1) The taking will be incidental;
    (2) The applicants will, to the maximum extent practicable, 
minimize and mitigate the impact of such taking;
    (3) The applicants will develop a proposed HCP and ensure that 
adequate funding for the HCP will be provided;
    (4) The taking will not appreciably reduce the likelihood of the 
survival and recovery of the species in the wild; and
    (5) The applicants will carry out any other measures that the 
Service may require as being necessary or appropriate for the purposes 
of the HCP.

Proposed Action

    The Service would issue an ITP to PG&E for a period of 30 years for 
certain covered activities (described below) in the 9 counties 
surrounding the San Francisco Bay. Annual species effects as a result 
of PG&E's activities are estimated to be approximately 60 acres of 
permanent habitat loss and 326 acres of temporary habitat disturbance. 
PG&E has requested a ITP for 32 species (Covered Species), 19 animals 
and 13 plants, all of which are currently listed as threatened or 
endangered under the Act.

Plan Area

    The geographic scope of the Draft Plan includes Marin, Sonoma, 
Napa, Solano, Contra Costa, Alameda, Santa Clara, San Mateo, and San 
Francisco Counties; collectively, this area is known as the study area 
in the Draft Plan and Draft EA. Within the study area, the Plan 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 plan area is approximately 402,440 acres; of this total acreage, 
128,735 acres (32 percent) are in natural land-cover types, 246,777 
acres (61 percent) are in urban land-cover types, and 26,928 acres (7 
percent) are in agricultural land-cover types.

Covered Activities

    The proposed section 10 ITP may allow take of covered wildlife 
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 
Plan. The Draft Plan 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 plan 
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 acre or less of new gas 
pressure limiting stations within the study area, and 0.5 acre or less 
for each electric substation expansion. End-to-end extensions exceeding 
approximately 2 miles would not be covered under the Draft Plan. 
Multiple 2-mile extensions in different areas would be covered, but 
each would be treated as a separate activity. The size of a minor new 
construction project would be estimated as the total footprint, 
expressed in acres. 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.

Covered Species

    Covered species are those species addressed in the Draft HCP for 
which conservation actions will be implemented and for which PG&E is 
seeking an ITP for a period of 30 years. Proposed covered species 
include those listed as threatened or endangered under the Act.
    The following federally listed threatened and endangered wildlife 
species are proposed to be covered by the Draft HCP: The endangered 
California freshwater shrimp (Syncaris pacifica), endangered 
conservancy fairy shrimp (Branchinecta conservatio), endangered 
longhorn fairy shrimp (Branchinecta longiantenna), threatened vernal 
pool fairy shrimp (Branchinecta lynchi), endangered vernal pool tadpole 
shrimp (Lepidurus packardi), threatened

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delta green ground beetle (Elaphrus viridis), threatened Bay 
checkerspot butterfly (Euphydryas editha bayensis), endangered callippe 
silverspot butterfly (Speyeria callippe callippe), endangered Lange's 
metalmark butterfly (Apodemia mormo langei), endangered Mission blue 
butterfly (Plebejus icarioides missionensis), endangered San Bruno 
elfin butterfly (Incisalia mossii bayensis), threatened California 
tiger salamander (Central Distinct Population Segment (DPS)) (Ambystoma 
californiense), endangered California tiger Salamander (Sonoma County 
DPS) (Ambystoma californiense), threatened California red-legged frog 
(Rana draytonii), threatened Alameda whipsnake (Masticophis lateralis 
euryxanthus), endangered San Francisco garter snake (Thamnophis 
sirtalis tetrataenia), endangered Ridgway's rail (Rallus obsoletus), 
endangered salt marsh harvest mouse (Reithrodontomys raviventris), and 
endangered San Joaquin kit fox (Vulpes macrotis mutica).
    Take of federally listed plant species is not prohibited on non-
Federal land under the Act, and cannot be authorized under a section 10 
permit. However, PG&E proposes to include federally listed plant 
species in recognition of the conservation benefits provided for them 
under the Draft Plan. For the purposes of the Draft Plan, federally 
listed plant species are further included to meet regulatory 
obligations under section 7 of the Act. All species included on the ITP 
would receive assurances under Service's ``No Surprises'' regulations 
found in 50 CFR 17.22(b)(5) and 17.32(b)(5). The following federally 
listed plant species are included in the Draft Plan in recognition of 
the conservation benefits provided for them and the assurances PG&E 
would receive if they are included on permit: Threatened pallid 
manzanita (Arctostaphylos pallida), endangered Sonoma sunshine 
(Blennosperma bakeri), endangered coyote ceanothus (Ceanothus 
ferrisae), endangered fountain thistle (Cirsium fontinale fontinale), 
endangered Santa Clara Valley dudleya (Dudleya abramsii setchellii), 
endangered Contra Costa wallflower (Erysimum capitatum angustatum), 
threatened Marin dwarf flax (Hesperolinon congestum), endangered 
Burke's goldfields (Lasthenia burkei), endangered Contra Costa 
goldfields (Lasthenia conjugens), endangered Sebastopol meadowfoam 
(Limnanthese vinculantes), endangered Antioch Dunes evening primrose 
(Oenothera deltoides howellii), endangered white-rayed pentachaeta 
(Pentachaeta bellidiflora), and endangered Metcalf Canyon jewelflower 
(Streptanthus glandulosus albidus).

National Environmental Policy Act Compliance

    The Draft EA was prepared to analyze the impacts of issuing an ITP 
based on the Draft Plan and to inform the public of the proposed 
action, alternatives, and associated impacts and disclose any 
irreversible commitments of resources.
    The proposed permit issuance triggers the need for compliance with 
NEPA. The proposed action presented in the Draft EA is compared to the 
no-action alternative. The no-action alternative represents estimated 
future conditions to which the proposed action's estimated future 
conditions can be compared.
    Based on the expected scope of the HCP in 2006, the Service 
published a Notice of Intent (NOI) to prepare a joint environmental 
impact statement/environmental impact report (EIS/EIR) in the Federal 
Register on November 7, 2006 (71 FR 65123). The NOI announced a 30-day 
public scoping period during which the public was invited to provide 
written comments and attend three public scoping meetings, which were 
held on January 14, 2006, in Petaluma, California, and January 15, 
2006, in Santa Clara and Walnut Creek, California. However, since 2006, 
the overall scope of the Draft HCP has been reduced from that expected 
at the time the Service published the NOI. The Service did not directly 
receive any public comments. However, two State agencies, the 
California Department of Transportation and the Delta Protection 
Commission, indirectly submitted comment letters, one to the California 
Department of Fish and Wildlife and one to the State Clearinghouse. No 
significant issues were identified during the 30-day public scoping 
period. Also, upon review, it appears that there are no potential 
significant impacts to the human environment. As a result, the Service 
withdraws our intent to prepare a joint EIS/EIR and is now providing 
notice of the availability of a Draft EA, which evaluates the impacts 
of the Proposed Action described above (issuance of the permit and 
implementation of the Draft Plan), as well as the No-Action Alternative 
described below.

No-Action Alternative

    Under the No-Action Alternative, the Service would not issue an ITP 
to PG&E, and the Draft Plan would not be implemented. Under this 
alternative, individual PG&E projects and activities that may adversely 
affect federally listed animal species would require consultation with 
the Service pursuant to section 7 or section 10 of the Act on a case-
by-case basis. Under the No Action Alternative, there would be no 
comprehensive means to coordinate and standardize mitigation 
requirements of the Act within the Plan Area; this is anticipated to 
result in a more costly, less equitable, less efficient project review 
process that would provide fewer conservation benefits. Conservation 
planning and implementation would not happen at a regional scale and 
would be unlikely to result in a large interconnected system of 
conservation lands, but would instead likely result in relatively small 
and isolated conservation lands spread out over the entire study area.

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 EA, and Draft Plan. 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 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).

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

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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. We will make our final permit decision no sooner 
than 30 days after the public comment period closes.

Authority

    We publish this notice under the National Environmental Policy Act 
of 1969, as amended (42 U.S.C. 4321-4347 et seq.; NEPA), and its 
implementing regulations in the Code of Federal Regulations (CFR) at 40 
CFR 1500-1508, as well as in compliance with section 10(c) of the 
Endangered Species Act (16 U.S.C. 1531-1544 et seq.; Act).

    Dated: March 20, 2017.
Alexandra Pitts,
Deputy Regional Director, U.S. Fish and Wildlife Service, Pacific 
Southwest Region, Sacramento, California.
[FR Doc. 2017-05856 Filed 3-23-17; 8:45 am]
BILLING CODE 4333-15-P