[Federal Register Volume 85, Number 128 (Thursday, July 2, 2020)]
[Notices]
[Pages 39929-39931]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14327]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS-R8-ES-2020-0049; FF08ESMF00-FXES11140800000-201]
Endangered and Threatened Wildlife and Plants; Central 40 Solar
Project, Stanislaus County, California; Categorical Exclusion and Draft
Habitat Conservation Plan
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 categorical exclusion under the National
Environmental Policy Act. We also announce receipt of an application
for an incidental take permit under the Endangered Species Act (ESA),
and receipt of a draft habitat conservation plan. Central 40, LLC has
applied for an incidental take permit under the ESA for the Central 40
Solar Project in Stanislaus County, California. The permit would
authorize the take of two species incidental to the development,
construction, operation and maintenance, and decommissioning of the
project. 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 August 3,
2020.
ADDRESSES: Obtaining Documents: The incidental take permit (ITP)
application, draft categorical exclusion (draft CatEx), draft habitat
conservation plan (draft HCP), and any comments and other materials
that we receive are available for public inspection at http://
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www.regulations.gov in Docket No. FWS-HQ-ES-2020-0049.
Submitting Comments: To send written comments, please use one of
the following methods, and note that your information request or
comments are in reference to the draft CatEx, draft HCP, or both.
Internet: Submit comments at http://www.regulations.gov
under Docket No. FWS-R8-ES-2020-0049.
U.S. Mail: Public Comments Processing, Attn: Docket No.
FWS-R8-ES-2020-0049; 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: Timothy Ludwick, Senior Wildlife
Biologist, or Patricia Cole, Chief, San Joaquin Valley Division,
Sacramento Fish and Wildlife Office, by phone at 916-414-6600 or via
the Federal Relay Service at 800-877-8339.
SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service
(Service), announce the availability of a draft categorical exclusion
(draft CatEx), 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 Central 40, LLC (applicant), for a 35-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 Central 40
Solar Project HCP pursuant to section 10(a)(1)(B) of the ESA. The
purpose of the CatEx is to assess the effects of issuing the permit and
implementing the draft HCP on the natural and human environment.
Background
Section 9 of the ESA (16 U.S.C. 1531-1544 et seq.) prohibits the
taking of fish and wildlife species listed as endangered under section
4 of the ESA; by regulation, take of certain species listed as
threatened is also prohibited. (16 U.S.C. 1533(d); 50 CFR 17.31).
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 http://www.fws.gov/endangered/esa-library/pdf/hcp.pdf.
National Environmental Policy Act Compliance
The proposed permit issuance triggers the need for compliance with
the National Environmental Policy Act of 1969, as amended (NEPA; 42
U.S.C. 4321 et seq.). The draft CatEx 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 35 years for certain covered
activities (described below). The applicant has requested an ITP for
two covered species (described below), which are listed as endangered
or threatened under the ESA.
Habitat Conservation Plan Area
The geographic scope of the draft HCP encompasses 3,474 acres (ac)
in western Stanislaus and Merced Counties where the development will
occur, including the 1,044-ac parcel in Stanislaus County where
development will occur and the 2,422-ac Piedra Azul Conservation Bank
in Merced County, portions of which are being used to mitigate impacts
from this development.
Covered Activities
The proposed section 10 ITP would allow incidental take of two
covered species from covered activities in the proposed HCP area. The
applicant is requesting incidental take authorization for covered
activities, including site preparation, infrastructure development,
construction, decommissioning, and management of the conservation
easement area. The applicant is proposing to implement a number of
project design features, including best management practices, as well
as general and species-specific avoidance and minimization measures to
minimize the impacts of the take from the covered activities.
Covered Species
The following two federally listed species are proposed to be
included as covered species in the proposed HCP:
San Joaquin kit fox (Vulpes macrotis mutica) (Federally
listed as endangered).
California tiger salamander--Central Valley Distinct
Population Segment (Ambystoma californiense) (Federally listed as
threatened and subject to a section 4(d) rule that prohibits take, with
the exception of incidental take resulting from routine ranching
activities located on private or Tribal lands, as defined in the
regulation. 50 CFR 17.43(c)).
No-Action Alternative
Under the No-Action Alternative, the Service would not issue an ITP
to the applicant, and the draft HCP would not be implemented. Under
this alternative, the applicant may choose not to construct the
facility or would do so in a manner presumed not to result in the take
of ESA-listed species.
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 CatEx, 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. 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. 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
[[Page 39931]]
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. 4321-4347 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. 1531-1544 et seq.) and
its implementing regulations at 50 CFR 17.22 and 17.32.
Michael Fris,
Acting Field Supervisor, Sacramento Fish and Wildlife Office, U.S. Fish
and Wildlife Service, Sacramento, California.
[FR Doc. 2020-14327 Filed 7-1-20; 8:45 am]
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