Draft Environmental Impact Statement and Proposed Maricopa Sun Solar Complex Multi-Species Habitat Conservation Plan, Kern County, California, 30638-30641 [2014-12252]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 79, Number 102 (Wednesday, May 28, 2014)]
[Notices]
[Pages 30638-30641]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-12252]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2013-N282; FF08E00000-FXES11120800000-145]


Draft Environmental Impact Statement and Proposed Maricopa Sun 
Solar Complex Multi-Species Habitat Conservation Plan, Kern County, 
California

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comments.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have 
prepared a draft environmental impact statement (EIS) under the 
National Environmental Policy Act of 1969, as amended (NEPA), in 
response to an application from Maricopa Sun, LLC (the applicant), for 
an incidental take permit (ITP) pursuant to the Endangered Species Act 
of 1973, as amended (Act). The applicant has prepared the draft 
Maricopa Sun Solar Complex Habitat Conservation Plan (HCP) for review. 
We announce a public comment period on the permit application, 
including the draft EIS and the proposed HCP. 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.

DATES: To ensure consideration, please send your written comments by 
August 26, 2014.

ADDRESSES: Please address written comments to Mike Thomas, Chief, 
Conservation Planning Division, Sacramento Fish and Wildlife Office, 
2800 Cottage Way, W-2605, Sacramento, CA 95825. Alternatively,

[[Page 30639]]

you may send comments by facsimile to (916) 414-6713.

FOR FURTHER INFORMATION CONTACT: Mike Thomas, Chief, Conservation 
Planning Division, or Eric Tattersall, Deputy Assistant Field 
Supervisor, at the address shown above or at (916) 414-6600 
(telephone). If you use a telecommunications device for the deaf, 
please call the Federal Information Relay Service at (800) 877-8339.

SUPPLEMENTARY INFORMATION: This notice advises the public that we have 
prepared a draft environmental impact statement (EIS) under the 
National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 
et seq.; NEPA), in response to an application from Maricopa Sun, LLC 
(the applicant), for an incidental take permit (ITP) pursuant to the 
Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.; 
Act). The application addresses the proposed incidental take (take) of 
five animal species proposed as ``covered species'' within a 5,784-acre 
permit area during a proposed permit term of 35 years. The applicant 
has prepared the draft Maricopa Sun Solar Complex Habitat Conservation 
Plan (HCP) to describe and implement a conservation plan that will 
minimize and mitigate environmental effects associated with the 
construction, operation, maintenance, and decommissioning of an up to 
700-megawatt photovoltaic power generating facility and implementation 
of conservation actions associated with the Habitat Conservation Plan 
in Kern County, California. We also announce a 90-day public comment 
period on the permit application, including the draft EIS and the 
proposed HCP. 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.

Availability of Documents

    You may obtain copies of the draft EIS and the draft HCP from the 
individuals in FOR FURTHER INFORMATION CONTACT, or from the Sacramento 
Fish and Wildlife Office Web site at https://www.fws.gov/sacramento. 
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).

Background Information

    Section 9 of the Act (16 U.S.C. 1531 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, or to attempt to engage in such conduct'' (16 U.S.C. 
1532(19)). The term ``harass'' is defined in the regulations as to 
commit ``an intentional or negligent act or omission which creates the 
likelihood of injury to wildlife by annoying it 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 ``an act which actually 
kills or injures wildlife. Such act may include significant habitat 
modification or degradation where it actually kills or injures wildlife 
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 wildlife 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.

Applicant's Proposed Habitat Conservation Plan

    The draft HCP addresses, and the applicant seeks incidental take 
authorization for, five animal species (three federally endangered and 
two federally nonlisted). The proposed permit would provide take 
authorization for all species identified in the draft HCP as covered 
species. Take authorized for federally listed covered species would be 
effective upon permit issuance. Take authorization for currently 
nonlisted covered species would become effective concurrent with 
listing, should the species be listed under the Act during the proposed 
35-year permit term.
    The following three federally listed endangered species are 
proposed to be included as covered species in the proposed HCP: Blunt-
nosed leopard lizard (Gambelia sila), Tipton kangaroo rat (Dipodomys 
nitratoides nitratoides), and the San Joaquin kit fox (Vulpes macrotis 
mutica).
    The following two federally nonlisted species are proposed to be 
included as covered species in the proposed HCP: Western Burrowing owl 
(Athene cunicularia) and the Nelson's antelope squirrel 
(Ammospermophilus nelsoni).
    Activities proposed for coverage under the proposed ITP (``covered 
activities'') would be otherwise lawful activities that occur in 
compliance with the HCP, including, but not limited to, the following 
general categories:
    (1) Construction and operation activities within solar sites;
    (2) Management and maintenance activities within movement 
corridors;
    (3) Management activities within the areas designated for 
conservation (conservation sites), including monitoring and reporting 
actions;
    (4) Activities associated with implementation of the conservation 
program specified in the draft HCP;
    (5) Decommissioning; and
    (6) Implementation of the conservation program.
    Construction-related activities could include grading and 
compaction; trenching; paving of access roads; and installation of 
solar arrays, meteorological stations, transmission lines, septic leech 
fields, fencing, and landscaping. Construction of solar facilities on 
all sites is anticipated to be completed over an 8- to 10-year period 
from the commencement of the initial development; however, it could 
extend to a 10- to 15 year-period. Construction of the project will 
occur in a series of approximately 1-megawatt blocks, generally 
consisting of 5 to 8.64 acres each. It is anticipated that construction 
of each section (640 acres) within the Maricopa Sun Solar Complex will 
take 12 to 18 months. Operation-related activities could include solar 
panel maintenance, on-site parking, operation of solar modules, 
inspection and repair of equipment, and operation of lighting. Typical 
activities associated with decommissioning of the solar energy facility 
include removal of all solar electric systems, buildings, cabling, and 
electrical components; breaking up of concrete pads and foundations; 
removal of access roads; additional grading; and replacement of soil 
disturbed from

[[Page 30640]]

decommissioning. Preservation/enhancement and conservation plan 
management activities could include vegetation control (i.e., grazing 
and mowing), fence installation, special status species monitoring 
(i.e., surveys such as trapping, use of remote cameras, and 
spotlighting), and habitat restoration and creation.
    The proposed covered activities related to development and 
operations and maintenance of the solar sites would result in the 
permanent or temporary disturbance of up to 3,798 acres of existing 
land cover within the proposed 5,784-acre permit area. The proposed 
covered activities related to management of the conservation sites 
would also result in some disturbance of land cover, but overall these 
actions are expected to benefit the covered species. The solar site 
parcels encompass 3,798 acres, 91 acres of existing public easements, 
and the conservation sites total 1,894 acres. The covered lands are 
primarily comprised of currently undeveloped and vacant agricultural 
land, and are relatively flat. Surrounding land uses are both active 
and inactive agricultural land; they also include lands designated as 
flood hazard areas, public facilities, lands designated for the 
protection of important watershed recharge areas or wildlife habitat, 
lands having important value as a buffer between resource areas and 
urban areas, and lands designated for industrial uses. Covered activity 
impacts to existing land cover types were used as a surrogate to 
identify maximum potential impacts to species and the potential take of 
each covered species. The proposed HCP conservation strategy prescribes 
conditions for implementing each covered activity that avoid or 
minimize potential take of the covered species, and identifies 
mitigation for species impacts that cannot be avoided.

National Environmental Policy Act Compliance

    Our proposed permit issuance decision triggers compliance with 
NEPA, which requires that environmental information be available to 
public officials and citizens before Federal decisions are made and 
before Federal actions are taken. We formally initiated an 
environmental review of the draft EIS through publication of a notice 
of intent (NOI) to prepare a draft EIS in the Federal Register on 
Friday, December 23, 2011 (76 FR 80385). That notice also announced a 
public scoping period, through February 21, 2012, during which we 
invited interested parties to provide written comments expressing their 
issues or concerns related to the proposal. A public scoping meeting 
was held in Bakersfield, California, on January 23, 2012. We prepared 
the draft EIS to inform the public of the proposed HCP; our proposed 
permit action; alternatives to that action; the environmental impacts 
of the alternatives, including the proposed action; any adverse 
environmental effects that cannot be avoided; and any irreversible 
commitments of resources; as well as to address comments received 
during early public scoping efforts.

Alternatives in the Draft Environmental Impact Statement

    The Service is providing notice of the availability of our draft 
EIS, which evaluates the impacts of the Proposed Action Alternative, a 
No Action Alternative, and a Reduced Permit Area Alternative.
    No Action Alternative: Under the No Action Alternative, we would 
not issue an incidental take permit to the applicant; the applicant 
would not implement an HCP, and would avoid the take of the proposed 
covered species. The No Action Alternative would not address the 
applicant's underlying needs, would not contribute to meeting the State 
of California's renewable energy goals, and would not assist with the 
offset of carbon emissions. The 5,784 acres identified as the permit 
area would likely remain agricultural, and the 1,894 acres identified 
as conservation sites would not be permanently conserved. As a result, 
there would be no conservation benefit to covered species as a result 
of the Proposed Action. Agricultural activities, such as disking and 
grazing, would likely continue, resulting in reduced habitat quality as 
a result of vegetation removal and soil compaction.
    Proposed Action Alternative: Under the Proposed Action Alternative, 
we would issue an incidental take permit for the applicant's proposed 
HCP, which includes the covered activities and the conservation 
measures described above in Background Information, and described with 
more detail in the applicant's proposed Maricopa Sun Solar Complex 
Multi-Species Habitat Conservation Plan.
    Reduced Permit Area Alternative: Under the Reduced Permit Area 
Alternative, the permit area would be reduced from 5,784 acres to 3,682 
acres by removing the following sites from the project: Sites 4-S/4-M 
(652.5 acres), 6-S (320.9 acres), 7-S/7-M (481.2 acres) and 17-C (647.7 
acres). The lands excluded from the permit area would likely remain 
vacant and would continue to be disked on a regular basis for weed 
control. If water became available, these lands could be converted to 
other uses. Under this alternative, there would be fewer impacts to the 
covered species than under the Proposed Action, because construction, 
operations, maintenance, and decommissioning activities would occur 
over a smaller area. However, commensurate with the level of impacts, 
it is likely less land would be permanently conserved and managed, 
which would likely result in fewer benefits to the covered 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. 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; and
    (5) The presence of archeological sites, buildings and structures, 
historic events, sacred and traditional areas, and other historic 
preservation concerns, all of which are required to be considered in 
project planning by the National Historic Preservation Act (16 U.S.C. 
470 et seq.); and
    (6) Identification of any other environmental issues that should be 
considered with regard to the proposed transmission line and permit 
action.
    You may submit your comments and materials by one of the methods 
listed above in ADDRESSES. Comments and materials we receive, as well 
as supporting documentation we used in preparing the EIS, will be 
available for public inspection by appointment, during normal business 
hours, at our office (see FOR FURTHER INFORMATION CONTACT).

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.

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Next Steps

    We will evaluate the application, associated documents, and 
comments submitted to prepare a Final EIS. A permit decision will be 
made no sooner than 30 days after the publication of a Final EIS notice 
in the Federal Register and completion of the Record of Decision.

Authorities

    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).

Alexandra Pitts
Deputy Regional Director, Pacific Southwest Region, Sacramento, 
California.
[FR Doc. 2014-12252 Filed 5-27-14; 8:45 am]
BILLING CODE 4310-55-P