Notice of Availability of a Final Environmental Impact Statement/Environmental Impact Report for the Pacific Gas & Electric Company San Joaquin Valley Operations and Maintenance Program Habitat Conservation Plan, San Joaquin Valley, CA, 13818-13820 [E7-5334]
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Federal Register / Vol. 72, No. 56 / Friday, March 23, 2007 / Notices
Dated: March 2, 2007.
Lisa J. Lierheimer,
Senior Permit Biologist, Branch of Permits,
Division of Management Authority.
[FR Doc. E7–5364 Filed 3–22–07; 8:45 am]
DEPARTMENT OF THE INTERIOR
Room W–2605, Sacramento, California
95825; facsimile 916–414–6713.
FOR FURTHER INFORMATION CONTACT:
Nina Bicknese, Senior Fish and Wildlife
Biologist, or Lori Rinek, Division Chief,
Conservation Planning and Recovery,
Sacramento Fish and Wildlife Office,
telephone 916–414–6600.
SUPPLEMENTARY INFORMATION:
Fish and Wildlife Service
Availability of Documents
Notice of Availability of a Final
Environmental Impact Statement/
Environmental Impact Report for the
Pacific Gas & Electric Company San
Joaquin Valley Operations and
Maintenance Program Habitat
Conservation Plan, San Joaquin
Valley, CA
Copies of the final EIS/EIR, the Plan,
and the IA may be obtained by
contacting Nina Bicknese [see FOR
FURTHER INFORMATION CONTACT].
Documents also will be available for
public review, by appointment, during
regular business hours at the
Sacramento Fish and Wildlife Office
[see ADDRESSES].
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability.
Background Information
BILLING CODE 4310–55–P
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AGENCY:
SUMMARY: This notice announces the
availability of the Pacific Gas & Electric
Company San Joaquin Valley
Operations and Maintenance Program
Final Habitat Conservation Plan (Plan),
Implementing Agreement (IA), and the
final Environmental Impact Statement/
Environmental Impact Report (EIS/EIR)
for public review and comment. The
Fish and Wildlife Service (Service) is
considering the proposed action of
issuing a 30-year permit, pursuant to
section 10(a)(1)(B) of the Endangered
Species Act of 1973 as amended (ESA),
for take of 65 species (covered species)
in response to receipt of an application
from Pacific Gas & Electric Company
(PG&E). The proposed permit would
authorize take of individual members of
animal species listed under the ESA.
The permit is needed because take of
species could occur during routine
operations and maintenance activities
and minor construction on PG&E’s gas
and electrical distribution facilities, and
other activities associated with the
implementation of the final Plan. These
covered activities are to occur within a
12.1 million-acre planning area located
in the San Joaquin Valley, California.
The final Plan describes the actions and
the measures PG&E will implement to
minimize and mitigate take of the
covered species.
DATES: A permit decision will occur no
sooner than April 23, 2007. Written
comments on the final documents must
be received on or before this date.
ADDRESSES: Send written comments on
the final documents to Lori Rinek,
Division Chief, Conservation Planning
and Recovery Division, Sacramento Fish
and Wildlife Office, 2800 Cottage Way,
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Section 9 of the ESA (16 U.S.C. 1538)
and implementing regulations prohibit
the ‘‘take’’ of fish and wildlife species
listed as endangered or threatened. The
term ‘‘take’’ is defined under the ESA to
mean harass, harm, pursue, hunt, shoot,
wound, kill, trap, capture, or collect, or
to attempt to engage in any such
conduct (16 U.S.C. 1532). ‘‘Harm’’ is
defined by Service regulation to include
significant habitat modification or
degradation where it actually kills or
injures listed wildlife by significantly
impairing essential behavioral patterns,
including breeding, feeding, and
sheltering (50 CFR 17.3(c)). Under
limited circumstances, the Service may
issue permits to authorize ‘‘incidental
take’’ of listed species. Incidental take is
defined by the ESA as take that is
incidental to, and not the purpose of,
carrying out an otherwise lawful
activity. Regulations governing
incidental take permits for threatened
and endangered species are found at 50
CFR 17.32 and 17.22, respectively.
Although take of listed plant species
is not prohibited under the ESA, and
therefore cannot be authorized under an
incidental take permit, plant species
may be included on a permit in
recognition of the conservation benefits
provided to them under a habitat
conservation plan. The applicant, PG&E,
would receive assurances under the
Services ‘‘No Surprises’’ regulation 50
CFR 17.22(b)(5) and 17.32(b)(5) for all
species, including plants, identified on
the incidental take permit.
PG&E seeks a 30-year permit for
incidental take, which may result from
specific PG&E activities (covered
activities) within a 12.1 million-acre
planning area covering portions of nine
counties in the California San Joaquin
Valley: San Joaquin, Stanislaus, Merced,
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Fresno, Kings, Kern, Mariposa, Madera,
and Tulare counties. However, the
majority of impacts are likely to occur
on approximately 276,000 acres. Annual
impacts to covered species and their
habitats are expected to be limited to
approximately 43 acres. Covered
activities are defined in the Plan to
include routine operations and
maintenance activities and minor
construction on PG&E’s gas and
electrical transmission and distribution
facilities, and the management and
monitoring of compensation lands.
PG&E has requested a take permit for 65
covered species, 31 of which are
currently listed as threatened or
endangered under the ESA and 34 that
are currently unlisted. Of these 65
species, PG&E requests a permit and
assurances for 23 animal species and
assurances for 42 plant species.
Covered species include 8 wildlife
species, currently listed as endangered
under the ESA [vernal pool tadpole
shrimp (Lepidurus packardi), bluntnosed leopard lizard (Gambelia sila),
Buena Vista Lake shrew (Sorex ornatus
relictus), riparian brush rabbit
(Sylvilagus bachmani riparius), riparian
(San Joaquin Valley) woodrat (Neotoma
fuscipes riparia), Tipton kangaroo rat
(Dipodomys nitratoides nitratoides),
giant kangaroo rat (Dipodomys ingens),
San Joaquin kit fox (Vulpes macrotis
mutica)], 10 plant species, currently
listed as endangered under the ESA
[large-flowered fiddleneck (Amsinckia
grandiflora), California jewelflower
(Caulanthus californicus), palmatebracted bird’s-beak (Cordylanthus
palmatus), Kern mallow (Eremalche
kernensis), San Joaquin woollythreads
(Monolopia [Lembertia] congdonii),
Bakersfield cactus (Opuntia basilaris
var. treleasei), hairy Orcutt grass
(Orcuttia pilosa), Hartweg’s golden
sunburst (Pseudobahia bahiifolia),
Keck’s checkerbloom (Sidalcea keckii),
and Greene’s tuctoria (Tuctoria
greenei)], and 6 wildlife species
currently listed as threatened under the
ESA [vernal pool fairy shrimp
(Branchinecta lynchi), Valley elderberry
longhorn beetle (Desmocerus
californicus dimorphus), California tiger
salamander (Ambystoma californiense),
California red-legged frog (Rana aurora
draytonii), giant garter snake
(Thamnophis gigas), bald eagle
(Haliaeetus leucocephalus)], 7 plant
species currently listed as threatened
under the ESA [Mariposa pussypaws
(Calyptridium pulchellum), succulent
owl’s-clover (Castilleja campestris ssp.
succulenta), Hoover’s spurge
(Chamaesyce hooveri), Springville
clarkia (Clarkia springvillensis), Colusa
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grass (Neostapfia colusana), San Joaquin
Valley Orcutt grass (Orcuttia
inaequalis), San Joaquin adobe sunburst
(Pseudobahia peirsonii)].
Covered species also include plants
and animals that are not listed under the
ESA at the current time, including 9
wildlife species [midvalley fairy shrimp
(Branchinecta mesovallensis), limestone
salamander (Hydromantes brunus),
Swainson’s hawk (Buteo swainsoni),
white-tailed kite (Elanus leucurus),
golden eagle (Aquila chrysaetos),
western burrowing owl (Athene
cunicularia hypugea), bank swallow
(Riparia riparia), tricolored blackbird
(Agelaius tricolor), and San Joaquin
(Nelson’s) antelope squirrel
(Ammospermophilus nelsoni)], and 25
plant species [lesser saltscale (Atriplex
minuscula), Bakersfield smallscale
(Atriplex tularensis), big tarplant
(Blepharizonia plumose ssp. plumosa),
tree-anemone (Carpenteria californica),
slough thistle (Cirsium crassicaule),
Mariposa clarkia (Clarkia biloba ssp.
australis), Merced clarkia (Clarkia
lingulata), Vasek’s clarkia (Clarkia
tembloriensis ssp. calientensis), hispid
bird’s-beak (Cordylanthus mollis ssp.
hispidus), Congdon’s woolly sunflower
(Eriophyllum congdonii), Delta buttoncelery (Eryngium racemosum), striped
adobe lily (Fritillaria striata), Boggs
Lake hedge-hyssop (Gratiola
heterosepala), pale-yellow layia (Layia
heterotricha), Comanche Point layia
(Layia leucopappa), legenere (Legenere
limosa), Panoche peppergrass (Lepidium
jaredii ssp. album), Congdon’s lewisia
(Lewisia congdonii), Mason’s lilaeopsis
(Lilaeopsis masonii), Mariposa lupine
(Lupinus citrinus var. deflexus), showy
madia (Madia radiata), Hall’s bush
mallow (Malacothamnus hallii),
pincushion navarretia (Navarretia
myersii ssp. myersii), oil neststraw
(Stylocline citroleum), Kings gold
(Twisselmannia californica)].
If the proposed Plan is approved and
the permit issued, take authorization for
listed covered wildlife species would be
effective at the time of permit issuance.
Take of the unlisted covered wildlife
species would be authorized concurrent
with the species’ listing under the ESA,
should they be listed during the
duration of the incidental take permit.
PG&E proposes to minimize and
mitigate incidental take of, and effects
to, covered species associated with the
covered activities described in the Plan.
The proposed Plan is intended to be a
comprehensive document, providing for
regional species conservation and
habitat planning, while allowing PG&E
to better manage routine operations and
maintenance activities and minor
construction for PG&E’s gas and
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electrical transmission and distribution
facilities. The proposed Plan is also
intended to provide a coordinated
process for permitting and mitigating
the take of covered species as an
alternative to the current project-byproject approach.
In order to comply with the
requirements of the ESA, the proposed
Plan addresses a number of elements,
including: goals and objectives;
evaluation of the effects of covered
activities on covered species, including
indirect and cumulative effects; a
conservation strategy; a monitoring and
adaptive management program, with
descriptions of changed circumstances
and remedial measures; identification of
funding sources; and an assessment of
alternatives to the take of listed species
expected under the proposed action.
The proposed Plan’s conservation
strategy was designed to minimize and
mitigate the impacts of covered
activities, contribute to the recovery of
listed covered species, and protect and
enhance populations of unlisted
covered species. A monitoring and
reporting plan gauges the proposed
Plan’s success based on achievement of
biological goals and objectives. The
proposed Plan’s adaptive management
program allows for changes in the
conservation strategy if the biological
species objectives are not met, or new
information becomes available to
improve the efficacy of the Plan’s
conservation strategy.
The proposed Plan’s conservation
strategy uses three mechanisms to
address the potential effects of PG&E
covered-activities on covered species
and their habitat: Avoidance and
minimization measures, surveys to
assess potential impacts on particular
species, when warranted; and
compensation for impacts that cannot be
avoided. Pre-activity surveys will be
conducted before any activity begins
that has the potential to disturb 0.1 acre
or more of habitat in an area of natural
vegetation. Pre-activity surveys will be
conducted for activities with the
potential to disturb 0.1 acre or less of
natural habitat when they occur in
wetlands, vernal pools, or other areas of
known sensitivity, including designated
occupied habitat, or when covered
species are known to be present. Where
impacts cannot be avoided, the Plan
provides a systematic process for
compensation of temporary and
permanent losses. All permanent losses
of habitat, suitable for one or more of
the covered species, will be
compensated at a 3:1 ratio (3 acres
created, restored, or conserved for every
acre lost), and temporary losses of
suitable habitat will be compensated at
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13819
a ratio of 0.5:1. Permanent and
temporary loss of wetlands, including
vernal pools, will be compensated at a
3:1 ratio using existing mitigation banks.
Compensation lands must offer habitat
characteristics similar to those of the
lands disturbed or lost. Several
approaches may be used to provide
appropriate compensation lands: PG&E
purchase of conservation lands,
purchase of mitigation credits from
existing mitigation banks, establishment
of conservation easements on lands
currently in PG&E ownership, and
purchase of conservation easements on
non-PG&E lands. Compensation will be
proposed by PG&E in advance and then
approved by the Service and the
California Department of Fish and Game
(CDFG) in 5-year increments to ensure
timely and continuous compensation.
National Environmental Policy Act
Compliance
The issuance of an incidental take
permit triggers the need for compliance
with the National Environmental Policy
Act (NEPA) and the California
Environmental Quality Act (CEQA).
Accordingly, a joint NEPA/CEQA
document has been prepared. The
Service is the Lead Agency responsible
for compliance under NEPA, and the
CDFG is the Lead Agency with
responsibility for compliance with
CEQA. The Service published a notice
in the Federal Register on June 23, 2006
(71 FR 36132) announcing receipt of an
application for an incidental take permit
from PG&E based on the proposed Plan
and the availability of a draft EIS/EIR for
the application. The Service received
six comment letters on that draft EIS/
EIR. A response to each comment
received in these letters has been
included in the final EIS/EIR. As NEPA
lead agency, the Service is now
providing notice of the availability of
the final EIS/EIR. The final EIS/EIR
includes an analysis of the potential
environmental impacts, which may
result from the Federal action of
authorizing incidental take anticipated
to occur with the implementation of the
proposed Plan. The final EIS/EIR also
analyzed three alternatives in addition
to the proposed Plan. Each alternative
includes the same Federal components
as the proposed Plan (i.e., approval of
the Plan, IA, and issuance of an
incidental take permit). The
conservation strategy of all three
alternatives incorporated avoidance and
minimization measures, pre-activity
surveys, and compensation for impacts
that cannot be avoided. The alternatives
and the proposed Plan differed in the
details of their conservation strategies.
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The three alternatives are described
below.
Alternative 1 (Plan with Reduced
Take) would require a more
comprehensive implementation of
avoidance and minimization measures
than the proposed Plan. Specifically,
under Alternative 1, avoidance and
minimization measures would be
implemented for all activities, including
all small disturbance activities. These
additional requirements would reduce
take below the level anticipated under
the proposed Plan. Compensation ratios
for habitat loss or disturbance would be
the same as those for the proposed Plan.
Alternative 2 (Plan with Enhanced
Compensation) would provide
enhanced compensation for impacts that
cannot be avoided. Under Alternative 2,
both permanent and temporary losses of
suitable habitat would be compensated
at a 3:1 ratio. Loss of wetlands,
including vernal pools, would be
compensated at a 3:1 ratio if
compensation is accomplished through
an existing mitigation bank, and at a 6:1
ratio if compensation takes place
outside existing banks. Avoidance,
minimization measures, and thresholds
for implementation of avoidance and
minimization measures would be the
same as those for the proposed Plan.
Alternative 3 (Plan with Reduced
Number of Covered Species) would
cover fewer species than the proposed
Plan. The following species covered
under the proposed Plan would not be
covered under Alternative 3: the vernal
pool crustaceans, limestone salamander,
California red-legged frog, giant garter
snake, bank swallow, tricolored
blackbird, Buena Vista Lake shrew,
riparian brush rabbit, riparian woodrat,
Tipton kangaroo rat, and 11 plant
species. This alternative would focus on
those species that are currently Federal
or State listed and have been identified
as having more than 2 acres of habitat
likely to be disturbed by operations or
maintenance activities each year.
Avoidance and minimization measures,
thresholds for implementation of
avoidance and minimization measures,
and habitat compensation would be the
same as the proposed Plan.
Under the No-Action/No-Project
alternative, the proposed Plan would
not be adopted, and a permit pursuant
to Section 10(a)(1)(B) of the ESA would
not be issued by the Service.
Compliance with the ESA would
continue to be addressed on a case-bycase basis.
The final EIS/EIR is intended to
accomplish the following: inform the
public of the proposed Plan and the
alternatives, address public comments
received on the draft EIS/EIR; disclose
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the direct, indirect, and cumulative
environmental effects of the proposed
action and each of the alternatives; and
indicate any irreversible commitment of
resources that would result from the
implementation of the proposed Plan.
Dated: March 13, 2007.
Ken McDermond,
Deputy Manager, California/Nevada
Operations Office, Sacramento, California.
[FR Doc. E7–5334 Filed 3–22–07; 8:45 am]
BILLING CODE 4310–55–P
Public Review
The Service and PG&E invite the
public to review the final EIS/EIR,
proposed Plan, and the IA during a 30day review period beginning on the date
of this notice. Written comments from
interested parties are welcome to ensure
that the issues of public concern related
to the proposed action are identified.
Comments and materials received will
be available for public inspection, by
appointment, during normal business
hours at the office listed in the
ADDRESSES section of this notice. All
comments and materials received,
including names and addresses, will
become part of the administrative record
and may be released to the public. Our
practice is to make comments, including
names, home addresses, home phone
numbers, and email addresses of
respondents, available for public
review. Individual respondents may
request that we withhold their names
and/or homes addresses, etc., but if you
wish us to consider withholding this
information you must state this
prominently at the beginning of your
comments. In addition, you must
present a rationale for withholding this
information. This rationale must
demonstrate that disclosure would
constitute a clearly unwarranted
invasion of privacy. Unsupported
assertions will not meet this burden. In
the absence of exceptional,
documentable circumstances, this
information will be released. We will
always make submissions from
organization or businesses, and from
individuals identifying themselves as
representatives of or officials of
organizations or businesses, available
for public inspection in their entirety.
We provide this notice in order to
allow the public, agencies, or other
organizations to review and comment
on these final documents prior to our
decision, pursuant to section 10(a) of
the ESA and NEPA implementing
regulations (40 CFR 1506.6 and
1506.10). The Service will evaluate the
permit application, the associated final
documents, and public comments
submitted thereon to prepare a public
Record of Decision (40 CFR 1505.2). No
Federal decision on the permit will be
made until at least 30 days after
publication of this notice and
subsequent issuance of the Record of
Decision.
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
List of Programs Eligible for Inclusion
in Fiscal Year 2007 Funding
Agreements With Self-Governance
Tribes
Fish and Wildlife Service,
Interior.
ACTION: Notice.
AGENCY:
SUMMARY: We, the Fish and Wildlife
Service (Service), publish this notice to
list programs or portions of our
programs that are eligible for inclusion
in Fiscal Year 2007 funding agreements
with self-governance tribes, and to list
programmatic targets pursuant to
section 405(c)(4) of the Tribal SelfGovernance Act.
DATES: This notice expires on
September 30, 2007.
ADDRESSES: Direct any inquiries or
comments about this notice to the
American Indian Liaison Office, U.S.
Fish and Wildlife Service, 1849 C Street,
NW., Washington, DC 20240.
FOR FURTHER INFORMATION: For questions
regarding self-governance, contact
Patrick Durham, Native American
Liaison, U.S. Fish and Wildlife Service,
1849 C Street, NW., Washington, DC
20240; telephone, 202–208–4133; fax
202–208–3524.
SUPPLEMENTARY INFORMATION:
I. Background
Title II of the Indian SelfDetermination Act Amendments of 1994
(Pub. L. 103–413, the ‘‘Tribal SelfGovernance Act’’ or the ‘‘Act’’)
instituted a permanent self-governance
program at the Department of the
Interior (DOI). Under the selfgovernance program, certain programs,
services, functions, and activities, or
portions thereof, in DOI bureaus other
than the Bureau of Indian Affairs (BIA)
are eligible to be planned, conducted,
consolidated, and administered by a
self-governance tribal government.
Under section 405(c) of the Act, the
Secretary of the Interior is required to
publish annually: (1) A list of non-BIA
programs, services, functions, and
activities, or portions thereof, that are
eligible for inclusion in agreements
negotiated under the self-governance
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]]>Agencies
[Federal Register Volume 72, Number 56 (Friday, March 23, 2007)]
[Notices]
[Pages 13818-13820]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-5334]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Notice of Availability of a Final Environmental Impact Statement/
Environmental Impact Report for the Pacific Gas & Electric Company San
Joaquin Valley Operations and Maintenance Program Habitat Conservation
Plan, San Joaquin Valley, CA
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability.
-----------------------------------------------------------------------
SUMMARY: This notice announces the availability of the Pacific Gas &
Electric Company San Joaquin Valley Operations and Maintenance Program
Final Habitat Conservation Plan (Plan), Implementing Agreement (IA),
and the final Environmental Impact Statement/Environmental Impact
Report (EIS/EIR) for public review and comment. The Fish and Wildlife
Service (Service) is considering the proposed action of issuing a 30-
year permit, pursuant to section 10(a)(1)(B) of the Endangered Species
Act of 1973 as amended (ESA), for take of 65 species (covered species)
in response to receipt of an application from Pacific Gas & Electric
Company (PG&E). The proposed permit would authorize take of individual
members of animal species listed under the ESA. The permit is needed
because take of species could occur during routine operations and
maintenance activities and minor construction on PG&E's gas and
electrical distribution facilities, and other activities associated
with the implementation of the final Plan. These covered activities are
to occur within a 12.1 million-acre planning area located in the San
Joaquin Valley, California. The final Plan describes the actions and
the measures PG&E will implement to minimize and mitigate take of the
covered species.
DATES: A permit decision will occur no sooner than April 23, 2007.
Written comments on the final documents must be received on or before
this date.
ADDRESSES: Send written comments on the final documents to Lori Rinek,
Division Chief, Conservation Planning and Recovery Division, Sacramento
Fish and Wildlife Office, 2800 Cottage Way, Room W-2605, Sacramento,
California 95825; facsimile 916-414-6713.
FOR FURTHER INFORMATION CONTACT: Nina Bicknese, Senior Fish and
Wildlife Biologist, or Lori Rinek, Division Chief, Conservation
Planning and Recovery, Sacramento Fish and Wildlife Office, telephone
916-414-6600.
SUPPLEMENTARY INFORMATION:
Availability of Documents
Copies of the final EIS/EIR, the Plan, and the IA may be obtained
by contacting Nina Bicknese [see FOR FURTHER INFORMATION CONTACT].
Documents also will be available for public review, by appointment,
during regular business hours at the Sacramento Fish and Wildlife
Office [see ADDRESSES].
Background Information
Section 9 of the ESA (16 U.S.C. 1538) and implementing regulations
prohibit the ``take'' of fish and wildlife species listed as endangered
or threatened. The term ``take'' is defined under the ESA to mean
harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or
collect, or to attempt to engage in any such conduct (16 U.S.C. 1532).
``Harm'' is defined by Service regulation to include significant
habitat modification or degradation where it actually kills or injures
listed wildlife by significantly impairing essential behavioral
patterns, including breeding, feeding, and sheltering (50 CFR 17.3(c)).
Under limited circumstances, the Service may issue permits to authorize
``incidental take'' of listed species. Incidental take is defined by
the ESA as take that is incidental to, and not the purpose of, carrying
out an otherwise lawful activity. Regulations governing incidental take
permits for threatened and endangered species are found at 50 CFR 17.32
and 17.22, respectively.
Although take of listed plant species is not prohibited under the
ESA, and therefore cannot be authorized under an incidental take
permit, plant species may be included on a permit in recognition of the
conservation benefits provided to them under a habitat conservation
plan. The applicant, PG&E, would receive assurances under the Services
``No Surprises'' regulation 50 CFR 17.22(b)(5) and 17.32(b)(5) for all
species, including plants, identified on the incidental take permit.
PG&E seeks a 30-year permit for incidental take, which may result
from specific PG&E activities (covered activities) within a 12.1
million-acre planning area covering portions of nine counties in the
California San Joaquin Valley: San Joaquin, Stanislaus, Merced, Fresno,
Kings, Kern, Mariposa, Madera, and Tulare counties. However, the
majority of impacts are likely to occur on approximately 276,000 acres.
Annual impacts to covered species and their habitats are expected to be
limited to approximately 43 acres. Covered activities are defined in
the Plan to include routine operations and maintenance activities and
minor construction on PG&E's gas and electrical transmission and
distribution facilities, and the management and monitoring of
compensation lands. PG&E has requested a take permit for 65 covered
species, 31 of which are currently listed as threatened or endangered
under the ESA and 34 that are currently unlisted. Of these 65 species,
PG&E requests a permit and assurances for 23 animal species and
assurances for 42 plant species.
Covered species include 8 wildlife species, currently listed as
endangered under the ESA [vernal pool tadpole shrimp (Lepidurus
packardi), blunt-nosed leopard lizard (Gambelia sila), Buena Vista Lake
shrew (Sorex ornatus relictus), riparian brush rabbit (Sylvilagus
bachmani riparius), riparian (San Joaquin Valley) woodrat (Neotoma
fuscipes riparia), Tipton kangaroo rat (Dipodomys nitratoides
nitratoides), giant kangaroo rat (Dipodomys ingens), San Joaquin kit
fox (Vulpes macrotis mutica)], 10 plant species, currently listed as
endangered under the ESA [large-flowered fiddleneck (Amsinckia
grandiflora), California jewelflower (Caulanthus californicus),
palmate-bracted bird's-beak (Cordylanthus palmatus), Kern mallow
(Eremalche kernensis), San Joaquin woollythreads (Monolopia [Lembertia]
congdonii), Bakersfield cactus (Opuntia basilaris var. treleasei),
hairy Orcutt grass (Orcuttia pilosa), Hartweg's golden sunburst
(Pseudobahia bahiifolia), Keck's checkerbloom (Sidalcea keckii), and
Greene's tuctoria (Tuctoria greenei)], and 6 wildlife species currently
listed as threatened under the ESA [vernal pool fairy shrimp
(Branchinecta lynchi), Valley elderberry longhorn beetle (Desmocerus
californicus dimorphus), California tiger salamander (Ambystoma
californiense), California red-legged frog (Rana aurora draytonii),
giant garter snake (Thamnophis gigas), bald eagle (Haliaeetus
leucocephalus)], 7 plant species currently listed as threatened under
the ESA [Mariposa pussypaws (Calyptridium pulchellum), succulent owl's-
clover (Castilleja campestris ssp. succulenta), Hoover's spurge
(Chamaesyce hooveri), Springville clarkia (Clarkia springvillensis),
Colusa
[[Page 13819]]
grass (Neostapfia colusana), San Joaquin Valley Orcutt grass (Orcuttia
inaequalis), San Joaquin adobe sunburst (Pseudobahia peirsonii)].
Covered species also include plants and animals that are not listed
under the ESA at the current time, including 9 wildlife species
[midvalley fairy shrimp (Branchinecta mesovallensis), limestone
salamander (Hydromantes brunus), Swainson's hawk (Buteo swainsoni),
white-tailed kite (Elanus leucurus), golden eagle (Aquila chrysaetos),
western burrowing owl (Athene cunicularia hypugea), bank swallow
(Riparia riparia), tricolored blackbird (Agelaius tricolor), and San
Joaquin (Nelson's) antelope squirrel (Ammospermophilus nelsoni)], and
25 plant species [lesser saltscale (Atriplex minuscula), Bakersfield
smallscale (Atriplex tularensis), big tarplant (Blepharizonia plumose
ssp. plumosa), tree-anemone (Carpenteria californica), slough thistle
(Cirsium crassicaule), Mariposa clarkia (Clarkia biloba ssp.
australis), Merced clarkia (Clarkia lingulata), Vasek's clarkia
(Clarkia tembloriensis ssp. calientensis), hispid bird's-beak
(Cordylanthus mollis ssp. hispidus), Congdon's woolly sunflower
(Eriophyllum congdonii), Delta button-celery (Eryngium racemosum),
striped adobe lily (Fritillaria striata), Boggs Lake hedge-hyssop
(Gratiola heterosepala), pale-yellow layia (Layia heterotricha),
Comanche Point layia (Layia leucopappa), legenere (Legenere limosa),
Panoche peppergrass (Lepidium jaredii ssp. album), Congdon's lewisia
(Lewisia congdonii), Mason's lilaeopsis (Lilaeopsis masonii), Mariposa
lupine (Lupinus citrinus var. deflexus), showy madia (Madia radiata),
Hall's bush mallow (Malacothamnus hallii), pincushion navarretia
(Navarretia myersii ssp. myersii), oil neststraw (Stylocline
citroleum), Kings gold (Twisselmannia californica)].
If the proposed Plan is approved and the permit issued, take
authorization for listed covered wildlife species would be effective at
the time of permit issuance. Take of the unlisted covered wildlife
species would be authorized concurrent with the species' listing under
the ESA, should they be listed during the duration of the incidental
take permit.
PG&E proposes to minimize and mitigate incidental take of, and
effects to, covered species associated with the covered activities
described in the Plan. The proposed Plan is intended to be a
comprehensive document, providing for regional species conservation and
habitat planning, while allowing PG&E to better manage routine
operations and maintenance activities and minor construction for PG&E's
gas and electrical transmission and distribution facilities. The
proposed Plan is also intended to provide a coordinated process for
permitting and mitigating the take of covered species as an alternative
to the current project-by-project approach.
In order to comply with the requirements of the ESA, the proposed
Plan addresses a number of elements, including: goals and objectives;
evaluation of the effects of covered activities on covered species,
including indirect and cumulative effects; a conservation strategy; a
monitoring and adaptive management program, with descriptions of
changed circumstances and remedial measures; identification of funding
sources; and an assessment of alternatives to the take of listed
species expected under the proposed action. The proposed Plan's
conservation strategy was designed to minimize and mitigate the impacts
of covered activities, contribute to the recovery of listed covered
species, and protect and enhance populations of unlisted covered
species. A monitoring and reporting plan gauges the proposed Plan's
success based on achievement of biological goals and objectives. The
proposed Plan's adaptive management program allows for changes in the
conservation strategy if the biological species objectives are not met,
or new information becomes available to improve the efficacy of the
Plan's conservation strategy.
The proposed Plan's conservation strategy uses three mechanisms to
address the potential effects of PG&E covered-activities on covered
species and their habitat: Avoidance and minimization measures, surveys
to assess potential impacts on particular species, when warranted; and
compensation for impacts that cannot be avoided. Pre-activity surveys
will be conducted before any activity begins that has the potential to
disturb 0.1 acre or more of habitat in an area of natural vegetation.
Pre-activity surveys will be conducted for activities with the
potential to disturb 0.1 acre or less of natural habitat when they
occur in wetlands, vernal pools, or other areas of known sensitivity,
including designated occupied habitat, or when covered species are
known to be present. Where impacts cannot be avoided, the Plan provides
a systematic process for compensation of temporary and permanent
losses. All permanent losses of habitat, suitable for one or more of
the covered species, will be compensated at a 3:1 ratio (3 acres
created, restored, or conserved for every acre lost), and temporary
losses of suitable habitat will be compensated at a ratio of 0.5:1.
Permanent and temporary loss of wetlands, including vernal pools, will
be compensated at a 3:1 ratio using existing mitigation banks.
Compensation lands must offer habitat characteristics similar to those
of the lands disturbed or lost. Several approaches may be used to
provide appropriate compensation lands: PG&E purchase of conservation
lands, purchase of mitigation credits from existing mitigation banks,
establishment of conservation easements on lands currently in PG&E
ownership, and purchase of conservation easements on non-PG&E lands.
Compensation will be proposed by PG&E in advance and then approved by
the Service and the California Department of Fish and Game (CDFG) in 5-
year increments to ensure timely and continuous compensation.
National Environmental Policy Act Compliance
The issuance of an incidental take permit triggers the need for
compliance with the National Environmental Policy Act (NEPA) and the
California Environmental Quality Act (CEQA). Accordingly, a joint NEPA/
CEQA document has been prepared. The Service is the Lead Agency
responsible for compliance under NEPA, and the CDFG is the Lead Agency
with responsibility for compliance with CEQA. The Service published a
notice in the Federal Register on June 23, 2006 (71 FR 36132)
announcing receipt of an application for an incidental take permit from
PG&E based on the proposed Plan and the availability of a draft EIS/EIR
for the application. The Service received six comment letters on that
draft EIS/EIR. A response to each comment received in these letters has
been included in the final EIS/EIR. As NEPA lead agency, the Service is
now providing notice of the availability of the final EIS/EIR. The
final EIS/EIR includes an analysis of the potential environmental
impacts, which may result from the Federal action of authorizing
incidental take anticipated to occur with the implementation of the
proposed Plan. The final EIS/EIR also analyzed three alternatives in
addition to the proposed Plan. Each alternative includes the same
Federal components as the proposed Plan (i.e., approval of the Plan,
IA, and issuance of an incidental take permit). The conservation
strategy of all three alternatives incorporated avoidance and
minimization measures, pre-activity surveys, and compensation for
impacts that cannot be avoided. The alternatives and the proposed Plan
differed in the details of their conservation strategies.
[[Page 13820]]
The three alternatives are described below.
Alternative 1 (Plan with Reduced Take) would require a more
comprehensive implementation of avoidance and minimization measures
than the proposed Plan. Specifically, under Alternative 1, avoidance
and minimization measures would be implemented for all activities,
including all small disturbance activities. These additional
requirements would reduce take below the level anticipated under the
proposed Plan. Compensation ratios for habitat loss or disturbance
would be the same as those for the proposed Plan.
Alternative 2 (Plan with Enhanced Compensation) would provide
enhanced compensation for impacts that cannot be avoided. Under
Alternative 2, both permanent and temporary losses of suitable habitat
would be compensated at a 3:1 ratio. Loss of wetlands, including vernal
pools, would be compensated at a 3:1 ratio if compensation is
accomplished through an existing mitigation bank, and at a 6:1 ratio if
compensation takes place outside existing banks. Avoidance,
minimization measures, and thresholds for implementation of avoidance
and minimization measures would be the same as those for the proposed
Plan.
Alternative 3 (Plan with Reduced Number of Covered Species) would
cover fewer species than the proposed Plan. The following species
covered under the proposed Plan would not be covered under Alternative
3: the vernal pool crustaceans, limestone salamander, California red-
legged frog, giant garter snake, bank swallow, tricolored blackbird,
Buena Vista Lake shrew, riparian brush rabbit, riparian woodrat, Tipton
kangaroo rat, and 11 plant species. This alternative would focus on
those species that are currently Federal or State listed and have been
identified as having more than 2 acres of habitat likely to be
disturbed by operations or maintenance activities each year. Avoidance
and minimization measures, thresholds for implementation of avoidance
and minimization measures, and habitat compensation would be the same
as the proposed Plan.
Under the No-Action/No-Project alternative, the proposed Plan would
not be adopted, and a permit pursuant to Section 10(a)(1)(B) of the ESA
would not be issued by the Service. Compliance with the ESA would
continue to be addressed on a case-by-case basis.
The final EIS/EIR is intended to accomplish the following: inform
the public of the proposed Plan and the alternatives, address public
comments received on the draft EIS/EIR; disclose the direct, indirect,
and cumulative environmental effects of the proposed action and each of
the alternatives; and indicate any irreversible commitment of resources
that would result from the implementation of the proposed Plan.
Public Review
The Service and PG&E invite the public to review the final EIS/EIR,
proposed Plan, and the IA during a 30-day review period beginning on
the date of this notice. Written comments from interested parties are
welcome to ensure that the issues of public concern related to the
proposed action are identified. Comments and materials received will be
available for public inspection, by appointment, during normal business
hours at the office listed in the ADDRESSES section of this notice. All
comments and materials received, including names and addresses, will
become part of the administrative record and may be released to the
public. Our practice is to make comments, including names, home
addresses, home phone numbers, and email addresses of respondents,
available for public review. Individual respondents may request that we
withhold their names and/or homes addresses, etc., but if you wish us
to consider withholding this information you must state this
prominently at the beginning of your comments. In addition, you must
present a rationale for withholding this information. This rationale
must demonstrate that disclosure would constitute a clearly unwarranted
invasion of privacy. Unsupported assertions will not meet this burden.
In the absence of exceptional, documentable circumstances, this
information will be released. We will always make submissions from
organization or businesses, and from individuals identifying themselves
as representatives of or officials of organizations or businesses,
available for public inspection in their entirety.
We provide this notice in order to allow the public, agencies, or
other organizations to review and comment on these final documents
prior to our decision, pursuant to section 10(a) of the ESA and NEPA
implementing regulations (40 CFR 1506.6 and 1506.10). The Service will
evaluate the permit application, the associated final documents, and
public comments submitted thereon to prepare a public Record of
Decision (40 CFR 1505.2). No Federal decision on the permit will be
made until at least 30 days after publication of this notice and
subsequent issuance of the Record of Decision.
Dated: March 13, 2007.
Ken McDermond,
Deputy Manager, California/Nevada Operations Office, Sacramento,
California.
[FR Doc. E7-5334 Filed 3-22-07; 8:45 am]
BILLING CODE 4310-55-P
