Habitat Conservation Plan for Pacific Gas and Electric Company's San Francisco Bay Area Operations and Maintenance, 15063-15066 [2017-05856]

Download as PDF Federal Register / Vol. 82, No. 56 / Friday, March 24, 2017 / Notices Dated: March 20, 2017. Natasha M. Copeland, Program Analyst, Office of Federal Advisory Committee Policy. [FR Doc. 2017–05838 Filed 3–23–17; 8:45 am] BILLING CODE 4140–01–P DEPARTMENT OF HOMELAND SECURITY U.S. Immigration and Customs Enforcement Agency Information Collection Activities: Extension, Without Changes, of an Existing Information Collection; Comment Request; OMB Control No. 1653–0043 U.S. Immigration and Customs Enforcement, Department of Homeland Security. ACTION: 60-Day notice of information collection for review; Forms No. 10– 002; Electronic Funds Transfer Waiver Request; OMB Control No. 1653–0043. jstallworth on DSK7TPTVN1PROD with NOTICES AGENCY: The Department of Homeland Security, U.S. Immigration and Customs Enforcement (USICE) is submitting the following information collection request for review and clearance in accordance with the Paperwork Reduction Act of 1995. The information collection is published in the Federal Register to obtain comments from the public and affected agencies. Comments are encouraged and will be accepted for sixty days until May 23, 2017. Written comments and suggestions regarding items contained in this notice and especially with regard to the estimated public burden and associated response time should be directed to the Department of Homeland Security (DHS), PRA Clearance Officer, U.S. Immigration and Customs Enforcement, 801 I Street NW., Mailstop 5800, Washington, DC 20536–5800. Written comments and suggestions from the public and affected agencies concerning the proposed collection of information should address one or more of the following four points: (1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) Evaluate the accuracy of the agencies estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (3) Enhance the quality, utility, and clarity of the information to be collected; and VerDate Sep<11>2014 13:56 Mar 23, 2017 Jkt 241001 (4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Overview of This Information Collection (1) Type of Information Collection: Extension, without changes, of a currently approved information collection. (2) Title of the Form/Collection: Electronic Funds Transfer Waiver Request. (3) Agency form number, if any, and the applicable component of the Department of Homeland Security sponsoring the collection: ICE Form 10– 002; U.S. Immigration and Customs Enforcement. (4) Affected public who will be asked or required to respond, as well as a brief abstract: Primary: State, Local, or Tribal Government. Section 404(b) of the Immigration and Nationality Act (8 U.S.C. 1101 note) provides for the reimbursement to States and localities for assistance provided in meeting an immigration emergency. This collection of information allows for State or local governments to request reimbursement. (5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: 650 responses at 30 minutes (.50 hours) per response. (6) An estimate of the total public burden (in hours) associated with the collection: 350 annual burden hours. Dated: March 21, 2017. Scott Elmore, PRA Clearance Officer, Office of the Chief Information Officer, U.S. Immigration and Customs Enforcement, Department of Homeland Security. [FR Doc. 2017–05881 Filed 3–23–17; 8:45 am] BILLING CODE 9111–28–P 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 Fish and Wildlife Service, Interior. ACTION: Notice of availability; receipt of permit application, draft environmental AGENCY: PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 15063 assessment, draft habitat conservation plan, request for comment; withdrawal of notice to prepare an environmental impact statement. 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 https://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 SUMMARY: E:\FR\FM\24MRN1.SGM 24MRN1 15064 Federal Register / Vol. 82, No. 56 / Friday, March 24, 2017 / Notices 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. jstallworth on DSK7TPTVN1PROD with NOTICES 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 VerDate Sep<11>2014 13:56 Mar 23, 2017 Jkt 241001 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 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 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 E:\FR\FM\24MRN1.SGM 24MRN1 jstallworth on DSK7TPTVN1PROD with NOTICES Federal Register / Vol. 82, No. 56 / Friday, March 24, 2017 / Notices 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 VerDate Sep<11>2014 13:56 Mar 23, 2017 Jkt 241001 (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 PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 15065 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 E:\FR\FM\24MRN1.SGM 24MRN1 15066 Federal Register / Vol. 82, No. 56 / Friday, March 24, 2017 / Notices than 4:00 p.m. (times are Mountain Time). 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. ADDRESSES: Next Steps FOR FURTHER INFORMATION CONTACT: 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 DEPARTMENT OF THE INTERIOR Bureau of Land Management [17X LLIDB00100 LF1000000.HT0000 LXSIOVHD0000.4500104754] Notice of Public Meeting; Boise District Resource Advisory Council Bureau of Land Management, Interior. ACTION: Notice. AGENCY: In accordance with the Federal Land Policy and Management Act (FLPMA), the Federal Advisory Committee Act of 1972 (FACA), the U.S. Department of the Interior, Bureau of Land Management’s (BLM) Boise District Resource Advisory Council (RAC) will meet as indicated below. DATES: The Boise District RAC meeting will be held on April 5, 2017, at the BLM Boise District Office. The meeting will begin at 9:00 a.m. and end no later jstallworth on DSK7TPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 13:56 Mar 23, 2017 Jkt 241001 BLM Boise District Office, 3948 Development Avenue, Boise, Idaho 83705. Michael Williamson, by telephone at 208–384–3393; or by email at mwilliamson@blm.gov. Persons who use a telecommunications device for the deaf (TDD) may contact Mr. Williamson by calling the Federal Relay Service (FRS) at 800–877–8339. The FRS is available 24 hours a day, seven days a week, to leave a message or question with Mr. Williamson. You will receive a reply during normal business hours. The 15member RAC advises the Secretary of the Interior, through the BLM, on a variety of planning and management issues associated with public land management in Idaho. During the April 5, 2017, meeting the Boise District RAC will receive updates on the Wild Horse and Burro program; travel management planning; fire program; Soda Fire rehabilitation; the Four Rivers Field Office Resource Management Plan; and other field office updates. Additional topics may be added and will be included in local media announcements, and the final agenda RAC meetings are open to the public. The public may present written comments to the RAC at the address provided above. Each RAC meeting will have time allocated for oral comments. Depending on the number of persons wishing to comment and time available, the time for individual oral comments may be limited. Individuals who plan to attend and need special assistance, such as sign language interpretation, tour transportation or other reasonable accommodations, should contact the BLM as provided above (see FOR FURTHER INFORMATION CONTACT). Before including your address, phone number, email address, or other personal identifying information in your comments, please note that your entire comment, including your personal identifying information, may 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. SUPPLEMENTARY INFORMATION: Authority: 43 CFR 1784.4–1. Aimee Betts, Associate District Manager. [FR Doc. 2017–05868 Filed 3–23–17; 8:45 am] BILLING CODE 4310–GG–P PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLORV00000.L10200000. DF0000.LXSSH1050000.17X.HAG 17–0089] Notice of Public Meeting; Southeast Oregon Resource Advisory Council Bureau of Land Management, Interior. ACTION: Notice. AGENCY: In accordance with the Federal Land Policy and Management Act and the Federal Advisory Committee Act of 1972, the U.S. Department of the Interior, Bureau of Land Management’s (BLM), Southeast Oregon Resource Advisory Council (RAC) will meet as indicated below. DATES: The Southeast Oregon RAC meeting will be held on Monday, April 10, 2017, and Tuesday, April 11, 2017 in Ontario, OR. The meeting on April 10, 2017, will consist of a field trip to view the Soda Fire burn area beginning at 8 a.m. and ending at 5 p.m. The April 11, 2017 meeting will begin at 8 a.m. and end at 12 p.m. (times are Mountain Time). ADDRESSES: The meeting will be held at the Clarion Inn, 1249 Tapadera Ave, Ontario, OR 97914. The telephone conference line number for the April 11, 2017, meeting is 1–866–524–6456, Participant Code: 608605. FOR FURTHER INFORMATION CONTACT: Larisa Bogardus, Public Affairs Officer, by mail at BLM Lakeview District Office, 1301 S G Street, Lakeview, Oregon 97630; by telephone at (541) 947–6237; or be email at lbogardus@ blm.gov. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Relay Service (FRS) at 1 (800) 877–8339 to contact the above individual during normal business hours. The FRS is available 24 hours a day, 7 days a week, to leave a message or question with the above individual. You will receive a reply during normal business hours. SUPPLEMENTARY INFORMATION: The Southeast Oregon RAC consists of 15 members appointed by the Secretary of the Interior. Their diverse perspectives are represented in commodity, conservation, and general interests. They provide advice to BLM and U.S. Forest Service resource managers regarding management plans and proposed resource actions on public land in southeast Oregon. This meeting is open to the public in its entirety. The agenda will be released online at https://www.blm.gov/site-page/getinvolved-resource-advisory-councilSUMMARY: E:\FR\FM\24MRN1.SGM 24MRN1

Agencies

[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]


=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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 https://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

[[Page 15065]]

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

[[Page 15066]]

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
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.