[Federal Register Volume 85, Number 243 (Thursday, December 17, 2020)]
[Notices]
[Pages 81953-81954]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27705]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS-R8-ES-2020-0142; FXES1120800000-201-FF08ENVS00]
Receipt of Incidental Take Permit Application and Draft Low-
Effect Habitat Conservation Plan, and Draft NEPA Compliance
Documentation, for the Gamebird Substation Expansion in Pahrump, Nye
County, Nevada
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability of the proposed low-effect habitat
conservation plan, and NEPA compliance documentation; request for
comment.
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SUMMARY: We, the U.S. Fish and Wildlife Service, announce the receipt
and availability of an application for an incidental take permit (ITP)
under the Endangered Species Act (ESA) and an associated draft low-
effect habitat conservation plan (HCP). Additionally, consistent with
the requirements of the National Environmental Policy Act (NEPA), we
have prepared a draft low-effect screening form and environmental
action statement supporting our preliminary determination that the
proposed permit action qualifies for a categorical exclusion under
NEPA. GridLiance West, LLC has applied for an ITP under the ESA for the
Gamebird Substation Expansion in Pahrump, Nye County, Nevada. The ITP
would authorize the take of one species incidental to the development
and construction of the project. We invite the public and local, State,
Tribal, and Federal agencies to comment on the permit application,
proposed low-effect HCP, and NEPA categorical exclusion determination
documentation. Before issuing the requested ITP, 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 January 19,
2021.
ADDRESSES:
Obtaining Documents: The documents this notice announces, as well
as any comments and other materials that we receive, will be available
for public inspection online in Docket No. FWS-R8-ES-2020-0142 at
http://www.regulations.gov.
Submitting Comments: To send written comments, please use one of
the following methods and identify to which document your comments are
in reference--the ITP application, draft HCP, or NEPA compliance
documentation.
Internet: Submit comments at http://www.regulations.gov
under Docket No. FWS-R8-ES-2020-0142.
U.S. Mail: Public Comments Processing, Attn: Docket No.
FWS-R8-ES-2020-0142; 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: Glen W. Knowles, Field Supervisor,
Southern Nevada Fish and Wildlife Office, by phone at 702-515-5244 or
via the Federal Relay Service at 800-877-8339.
SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service
(Service), announce the receipt and availability of an application
submitted by GridLiance West, LLC (applicant), for a 4-year incidental
take permit (ITP) under section 10(a)(1)(B) of the Endangered Species
Act, as amended (ESA; 16 U.S.C. 1531 et seq.). Application for the
permit requires the preparation of an HCP with measures to avoid,
minimize, and mitigate the impacts of incidental take of endangered or
threatened species to the maximum extent practicable. The applicant
prepared the draft Low Effect HCP for the Gamebird Substation Expansion
pursuant to section 10(a)(1)(B) of the ESA. FWS consideration of
issuing an ITP also requires evaluation of its potential impacts on the
natural and human environment in accordance with NEPA. FWS has prepared
a low-effect screening form and environmental action statement
(categorical exclusion, or catex documentation), pursuant to NEPA (42
U.S.C. 4321 et seq.) and its implementing regulations in the Code of
Federal Regulations (CFR) at 40 CFR 1501.4, to preliminarily determine
if the proposed HCP qualifies as a low-effect HCP, eligible for a
categorical exclusion.
Background
Except for permitted exceptions, section 9 of the ESA (16 U.S.C.
1538 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 the permitted exception
for allowable incidental take of endangered and threatened species are
at 50 CFR 17.22 and 17.32. For more about the Federal habitat
conservation 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 NEPA. The draft catex documentation was prepared to determine if
issuance of an ITP, based on the draft HCP, would individually or
cumulatively have only a minor or negligible effect on the species
covered in the HCP, and would therefore qualify as a low-effect HCP
eligible for a categorical exclusion from further environmental
analysis under NEPA.
Proposed Action
Under the proposed action, the Service would issue an ITP to the
applicant for a period of 4 years for certain covered activities
(described below) related to the expansion of the existing Gamebird
Substation. The applicant has requested an ITP for one covered species,
the Mojave desert tortoise (Gopherus agassizii), which was, and remains
as listed under the ESA as threatened in April 1990.
Habitat Conservation Plan Area
The geographic scope of the draft habitat conservation plan (HCP)
area encompasses 18.2 acres in Nye County, Nevada, where the expansion
will occur.
Covered Activities
The proposed section 10(a) ITP would allow incidental take of one
covered species from covered activities in the proposed HCP area. The
applicant is requesting incidental take authorization for covered
activities, including site preparation, geotechnical drilling,
associated infrastructure development, expansion of the substation, and
the installation of a 230-kilovolt (kV) transmission line to connect
the substation to an existing 230-kV transmission line that runs from
Pahrump to the Sloan Canyon Switch.
The applicant has proposed to minimize and mitigate for the direct
impacts to desert tortoises and its habitat in the HCP area through the
following measures:
1. Implementing a worker environmental awareness training program;
[[Page 81954]]
2. Setting speed limits to avoid collisions with tortoise;
3. Having an approved biologist ensure implementation of
minimization measures, monitor covered activities to avoid collisions,
and clear the work site and materials, vehicles, and equipment of
tortoises before work activity;
4. Requiring pre-movement vehicle and equipment inspections by
workers;
5. Installing temporary tortoise exclusion fencing around
substation area;
6. Conducting pre-construction clearance surveys and translocation
by an approved biologist;
7. Developing a plan for spill prevention and control, with
countermeasures;
8. Implementing proper waste management and disposal actions;
9. Developing a fire management plan; and
10. Implementing certain weed management efforts.
The proposed action will result in the permanent loss of moderate-
quality habitat in Nye County, Nevada. In addition to the minimization
measures, the applicant will make a one-time contribution of $26,500,
payable to the National Fish and Wildlife Foundation (NFWF), to offset
the impacts of permanent Mojave desert tortoise habitat loss and
habitat modification of about 18.2 acres.
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 permit
application, draft HCP, and associated documents. If you wish to
comment, you may submit comments by any of the methods in ADDRESSES.
Public Availability of Comments
Any comments we receive will become part of the decision record
associated with this action. Before including your address, phone
number, email address, 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 request in your comment that we withhold
your personal identifying information from public review, we cannot
guarantee that we will be able to do so. All submissions from
organizations or businesses, and from individuals identifying
themselves as representatives or officials of organizations or
businesses, will be made available for public disclosure in their
entirety.
Next Steps
Issuance of an incidental take permit is a Federal proposed action
subject to compliance with NEPA and section 7 of the ESA. We will
evaluate the application, associated documents, and any public comments
we receive during this comment period 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 provide this notice under section 10(c) of the Endangered
Species Act (16 U.S.C. 1539(c) and its implementing regulations (50 CFR
17.32), and NEPA (42 U.S.C. 4321 et seq.) and NEPA implementing
regulations (40 CFR 1501.4).
Glen W. Knowles,
Field Supervisor, Southern Nevada Fish and Wildlife Office, U.S. Fish
and Wildlife Service, Las Vegas, Nevada.
[FR Doc. 2020-27705 Filed 12-16-20; 8:45 am]
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