Proposed Low-Effect Habitat Conservation Plan for the Bay Checkerspot Butterfly for the Metcalf-El Patio Reconductor and Metcalf-Hicks/Vasona Reconductor, Santa Clara County, CA, 27331-27333 [E7-9277]
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Federal Register / Vol. 72, No. 93 / Tuesday, May 15, 2007 / Notices
for public inspection in their entirety.
Comments and materials we receive are
available for public inspection, by
appointment, during normal business
hours at the address shown in the
ADDRESSES section.
National Environmental Policy Act
(NEPA)
In compliance with NEPA (42 U.S.C.
4321 et seq.), we have made an initial
determination that the activities
proposed by this permit are
categorically excluded from the
requirement to prepare an
environmental assessment or
environmental impact statement.
Dated: April 17, 2007.
Lynn Lewis,
Deputy Assistant Regional Director,
Ecological Services, Region 3, Fort Snelling,
Minnesota.
[FR Doc. E7–9266 Filed 5–14–07; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Receipt of Application for Endangered
Species Permit
Fish and Wildlife Service,
Interior.
ACTION: Notice.
AGENCY:
SUMMARY: The public is invited to
comment on the following application
to conduct certain activities with
endangered species.
DATES: We must receive written data or
comments on the application at the
address given below, by June 14, 2007.
ADDRESSES: Documents and other
information submitted with the
application are available for review,
subject to the requirements of the
Privacy Act and Freedom of Information
Act, by any party who submits a written
request for a copy of such documents to
the following office within 30 days of
the date of publication of this notice:
Fish and Wildlife Service, 1875 Century
Boulevard, Suite 200, Atlanta, Georgia
30345 (Attn: David Dell, HCP
Coordinator).
cprice-sewell on PROD1PC62 with NOTICES
FOR FURTHER INFORMATION CONTACT:
David Dell, telephone 404/679–7313;
facsimile 404/679–7081.
SUPPLEMENTARY INFORMATION: The
public is invited to comment on the
following application for a permit to
conduct certain activities with
endangered and threatened species.
This notice is provided under section
10(c) of the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et
VerDate Aug<31>2005
13:50 May 14, 2007
Jkt 211001
seq.). If you wish to comment, you may
submit comments by any one of the
following methods. You may mail
comments to the Fish and Wildlife
Service’s Regional Office (see
ADDRESSES section) or via electronic
mail (e-mail) to david_dell@fws.gov.
Please include your name and return
address in your e-mail message. If you
do not receive a confirmation from the
Fish and Wildlife Service that we have
received your e-mail message, contact
us directly at the telephone number
listed above (see FOR FURTHER
INFORMATION CONTACT section). Finally,
you may hand deliver comments to the
Fish and Wildlife Service office listed
above (see ADDRESSES section).
Before including your address,
telephone number, e-mail address, or
other personal identifying information
in your comments, you should be aware
that your entire comment—including
your personal identifying information—
may be made publicly available at any
time. While you can ask us in your
comments to withhold your personal
identifying information from public
review, we cannot guarantee that we
will be able to do so. There may also be
other circumstances in which we would
withhold from the administrative record
a respondent’s identity, as allowable by
law. If you wish us to withhold your
name and address, you must state this
prominently at the beginning of your
comments. We will not, however,
consider anonymous comments. We
will make all submissions from
organizations or businesses, and from
individuals identifying themselves as
representatives or officials of
organizations or businesses, available
for public inspection in their entirety.
Applicant: Jackson Environmental
Consulting Services, LLC, Jeremy Lynn
Jackson, Richmond, Kentucky,
TE102292–3.
The applicant requests authorization
to renew and amend an existing permit
authorization to take (capture, identify,
release) the gray bat (Myotis grisescens),
Indiana bat (Myotis sodalis), and
Virginia big-eared bat (Corynorhinus
townsendii virginianus) while
conducting presence/absence surveys in
West Virginia, Virginia, Tennessee,
North Carolina, Kentucky, Alabama,
Arkansas, Illinois, Indiana, Missouri,
Ohio, and Pennsylvania.
Dated: April 9, 2007.
Cynthia K. Dohner,
Acting Regional Director.
[FR Doc. E7–9273 Filed 5–14–07; 8:45 am]
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27331
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Proposed Low-Effect Habitat
Conservation Plan for the Bay
Checkerspot Butterfly for the MetcalfEl Patio Reconductor and MetcalfHicks/Vasona Reconductor, Santa
Clara County, CA
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability: receipt of
application; request for comment.
AGENCY:
SUMMARY: We, the Fish and Wildlife
Service (Service), announce receipt of
an application from the Pacific Gas &
Electric Company (applicant) for a
3-year incidental take permit for the
federally threatened bay checkerspot
butterfly (Euphydryas editha bayensis)
under section 10(a)(1)(B) of the
Endangered Species Act of 1973, as
amended (Act). The application
addresses the potential for ‘‘take’’ of the
butterfly incidental to proposed
reconductoring and conservation
management activities at the Metcalf-El
Patio 115 kV and Metcalf-Hicks/Vasona
230 kV transmission line site in Santa
Clara County, California (plan area). We
request comments on the applicant’s
application and low-effect habitat
conservation plan (plan), and on our
preliminary determination that the Plan
qualifies as a ‘‘low-effect’’ habitat
conservation plan eligible for a
categorical exclusion under the National
Environmental Policy Act of 1969, as
amended (NEPA). We discuss our basis
for this determination in our
environmental action statement (EAS),
which is also available for review.
DATES: We must receive any written
comments on or before June 14, 2007.
ADDRESSES: Please address written
comments to Lori Rinek, Chief,
Conservation Planning and Recovery
Division, Fish and Wildlife Service,
Sacramento Fish and Wildlife Office,
2800 Cottage Way, W–2605,
Sacramento, CA 95825. Alternatively,
you may send comments by facsimile to
(916) 414–6713.
FOR FURTHER INFORMATION CONTACT: Eric
Tattersall, Chief, Conservation Planning
Branch, or Cori Mustin, Senior
Biologist, at the Sacramento Fish and
Wildlife Office, at (916) 414–6600
(telephone).
SUPPLEMENTARY INFORMATION:
Availability of Documents
You may obtain copies of the permit
application, plan, and EAS from the
individuals named under FOR FURTHER
INFORMATION CONTACT. Documents will
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27332
Federal Register / Vol. 72, No. 93 / Tuesday, May 15, 2007 / Notices
also be available for public inspection,
by appointment, during regular business
hours at the Sacramento Fish and
Wildlife Office (see ADDRESSES).
cprice-sewell on PROD1PC62 with NOTICES
Public Availability of Comments
Before including your address, phone
number, e-mail address, or other
personal identifying information in your
comment, you should be aware 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.
Background Information
Section 9 of the Act (16 U.S.C. 1531
et seq.) and its implementing Federal
regulations prohibit the ‘‘take’’ of fish or
wildlife species listed as endangered or
threatened. ‘‘Take’’ is defined under the
Act to include the following activities:
To harass, harm, pursue, hunt, shoot,
wound, kill, trap, capture or collect
listed animal species, or to attempt to
engage in such conduct. However,
under section 10(a)(1)(B) of the Act, the
Service may issue permits to authorize
incidental take of listed species.
‘‘Incidental take’’ is defined by the Act
as take that is incidental to, and not the
purpose of, carrying out an otherwise
lawful activity. Regulations governing
incidental take permits for endangered
and threatened species, respectively, are
in the Code of Federal Regulations at 50
CFR 17.22 and 50 CFR 17.32.
The applicant seeks a permit for take
of one federally listed species, the
threatened bay checkerspot butterfly
(Euphydryas editha bayensis). This
species is referred to as the ‘‘covered
species’’ in the plan. The proposed
reconductoring activities would
temporarily affect approximately 2.4
acres (ac) of habitat, which comprises
approximately 0.0084 percent of the
species’ designated critical habitat. The
applicant would receive ‘‘No Surprises’’
assurances for the covered species
under our ‘‘No Surprises’’ regulations
(50 CFR 17.22(b)(5) and 17.32(b)(5)).
Only one species listed under the Act,
the bay checkerspot butterfly, has the
potential to occur on the project site and
to be incidentally taken by the proposed
project. Several other sensitive species
are located in the vicinity of the plan
area, including: (1) California tiger
salamander (Ambystoma californiense),
federally listed as threatened; (2)
California red-legged frog (Rana aurora
draytonii), federally listed as threatened;
(3) Santa Clara Valley dudleya (Dudleya
setchellii), federally listed as
VerDate Aug<31>2005
13:50 May 14, 2007
Jkt 211001
endangered; and (4) Metcalf Canyon
jewelflower (Streptanthus albidus
albidus), federally listed as endangered.
However, the Service determined that
there would be no take of California
tiger salamander or California redlegged frog. It was also determined that
there would be no project-related effects
on Santa Clara Valley dudleya or
Metcalf Canyon jewelflower. Therefore,
bay checkerspot butterfly is the only
covered species in the plan.
The applicant proposes to
reconductor two Metcalf transmission
lines within the plan area. As discussed
in the plan, proposed covered activities
include the following: (1) Constructing
crossing structures, (2) pulling new
conductors, (3) accessing the plan area,
(4) staging in the plan area, (5)
implementing fire prevention/
suppression measures, and (6)
implementing a conservation strategy
for the bay checkerspot butterfly.
The applicant proposes to avoid and
minimize take and associated adverse
project impacts to the covered species
by fully implementing the plan. The
applicant will minimize and mitigate
the impacts of taking the bay
checkerspot butterfly by implementing
the following measures: (1) Conducting
construction activities during summer
and late fall; (2) ensuring that a
qualified biologist is present to monitor
and oversee technical issues relative to
compliance with the mitigation and
conservation measures; (3) restricting
work activities to a 50-foot radius area
from the center of most towers; (4)
documenting serpentine (type of soil)
habitat conditions with photographs
before and after reconductoring
activities; (5) developing and
implementing, as appropriate, a reseeding plan; (6) planning for rain that
may occur prior to the completion of the
project; (7) ensuring minimal
disturbance caused by construction
equipment; (8) ensuring that
construction personnel receive worker
awareness training; (9) ensuring that
measures are taken to prevent accidental
wildfires; and (10) halting project
activities if bay checkerspot larvae or
adults are found on site and
coordinating with us regarding next
steps. The applicant’s plan also
describes measures and funding sources
that ensure that the elements of the plan
would be implemented in a timely
manner, actions to be taken if
unforeseen events occur, and other
required elements.
Our proposed action consists of
approving the applicant’s plan and
issuing an incidental take permit for the
applicant’s project. As required by the
Act, the applicant’s plan also considers
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alternatives to the take considered
under the proposed action. The plan
considers the environmental
consequences of one alternative to the
proposed action, the No Action
alternative. The proposed action
alternative consists of issuance of the
incidental take permit for the
applicant’s proposed project, which
includes the activities described above.
The proposed action alternative would
result in temporary impacts to 2.4 ac of
serpentine habitat. To mitigate for
temporary impacts, the applicant agrees
to purchase and conserve at least 1.2 ac
of bay checkerspot butterfly habitat at a
ratio of 0.5 to 1, of acres permanently
protected to acres temporarily affected.
Under the No Action alternative, no
permit would be issued, no construction
associated with reconductoring
activities would occur, and no take
would occur. Under this alternative, the
applicant would not be able to provide
a safe and reliable power supply to its
south San Jose service area, which is
currently operating close to its
maximum load rating. Additionally, an
outage on one of the existing circuits
could result in power curtailments or
outages in the area, which would put
the public’s health, welfare, and safety
at risk and could also result in
substantial damage to the applicant’s
electrical system. No conservation areas
would be protected under the No Action
alternative.
National Environmental Policy Act
As described in our EAS, we have
made the preliminary determination
that approval of the proposed plan and
issuance of the permit would qualify as
a categorical exclusion under NEPA, as
provided by Federal regulations (40 CFR
1500, 5(k), 1507.3(b)(2), 1508.4) and the
Department of the Interior Manual (516
DM 2 and 516 DM 8). Our EAS found
that the proposed plan qualifies as a
‘‘low-effect’’ habitat conservation plan,
as defined by the Service’s Habitat
Conservation Planning Handbook
(November 1996). Determination of loweffect habitat conservation plans is
based on the following three criteria: (1)
Implementation of the proposed plan
would result in minor or negligible
effects on federally listed, proposed, and
candidate species and their habitats; (2)
implementation of the proposed plan
would result in minor or negligible
effects on other environmental values or
resources; and (3) impacts of the plan,
considered together with the impacts of
other past, present and reasonably
foreseeable similarly situated projects,
would not result, over time, in
cumulative effects to environmental
values or resources which would be
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Federal Register / Vol. 72, No. 93 / Tuesday, May 15, 2007 / Notices
considered significant. Based upon the
preliminary determinations in the EAS,
we do not intend to prepare further
NEPA documentation. We will consider
public comments when making the final
determination on whether to prepare an
additional NEPA document on the
proposed action.
Public Review
We provide this notice pursuant to
section 10(c) of the Act and the NEPA
public-involvement regulations (40 CFR
1500.1(b), 1500.2(d), and 1506.6). We
will evaluate the permit application,
including the plan, and comments
submitted thereon to determine whether
the application meets the requirements
of section 10(a) of the Act. If the
requirements are met, we will issue a
permit to the Pacific Gas & Electric
Company for incidental take of the bay
checkerspot butterfly during Metcalf
reconductoring work. We will make the
final permit decision no sooner than 30
days after the date of this notice.
Dated: May 9, 2007.
Susan K. Moore,
Field Supervisor, Sacramento Fish and
Wildlife Office, Sacramento, California.
[FR Doc. E7–9277 Filed 5–14–07; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[AK–990–07–5101–NH–FLO7]
Notice of Public Meeting of the
Federal/State Joint Pipeline Office
Executive Council
The
12-member Federal/State Executive
Council was created in March 1990 to
provide full partnership for State and
Federal agencies in monitoring of the
Trans-Alaska Pipeline System (TAPS).
At this meeting, topics to be presented
and discussed include:
• History and overview of the Joint
Pipeline Office.
• Update on the TAPS Strategic
Reconfiguration Project.
• Agency reports.
• Future scope of work.
• Other topics the Council may raise.
All meetings are open to the public. If
you plan to comment on an agenda
item, please be aware that your entire
comment—including your personal
identifying information of address,
phone number, e-mail address, or other
personal identifying information in your
comment—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. The public may
present written comments to the
Council.
Individuals who plan to attend and
need special assistance, such as sign
language interpretation, transportation,
or other reasonable accommodations,
should contact the Joint Pipeline Office
so arrangements can be made.
To connect to the meeting via
telebridge, dial 1–877–934–3608, then
dial code 190500#. When the automated
voice instructs you to say your name,
say ‘‘Your Name/Office’’ then press #.
SUPPLEMENTARY INFORMATION:
Dated: May 8, 2007.
Sharon K Wilson,
Acting State Director.
[FR Doc. E7–9284 Filed 5–14–07; 8:45 am]
Bureau of Land Management,
Alaska State Office, Interior.
ACTION: Notice of public meeting.
AGENCY:
In accordance with the
Federal Register requirements to
announce meetings the Federal/State
Joint Pipeline Office will meet as
indicated below.
DATES: The meeting will be held June
13, 2007, at the Alaska State Library
Talking Book Center at 344 West 3rd
Avenue, Suite 125, in Anchorage,
Alaska. The meeting begins at 8:30 a.m.
The council will accept public
comment at 1 p.m. Time for individual
comments may be limited depending on
the number of people wishing to give
comment. The council will accept
written comments.
FOR FURTHER INFORMATION CONTACT:
Rhea DoBosh, Joint Pipeline Office, 411
West 4th Avenue, Suite 2C, Anchorage,
Alaska 99501; by phone, 907–257–1338;
by fax, 907–257–1397; or by e-mail,
rdobosh@jpo.doi.gov.
BILLING CODE 4310–JA–P
cprice-sewell on PROD1PC62 with NOTICES
SUMMARY:
VerDate Aug<31>2005
13:50 May 14, 2007
Jkt 211001
DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
Quarterly Status Report of Water
Service, Repayment, and Other WaterRelated Contract Negotiations
Bureau of Reclamation,
Interior.
ACTION: Notice.
AGENCY:
SUMMARY: Notice is hereby given of
contractual actions that have been
proposed to the Bureau of Reclamation
(Reclamation) and are new, modified,
discontinued, or completed since the
last publication of this notice on
February 27, 2007. This notice is one of
a variety of means used to inform the
public about proposed contractual
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27333
actions for capital recovery and
management of project resources and
facilities consistent with section 9(f) of
the Reclamation Project Act of 1939.
Additional announcements of
individual contract actions may be
published in the Federal Register and in
newspapers of general circulation in the
areas determined by Reclamation to be
affected by the proposed action.
The identity of the
approving officer and other information
pertaining to a specific contract
proposal may be obtained by calling or
writing the appropriate regional office at
the address and telephone number given
for each region in the SUPPLEMENTARY
INFORMATION section.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Sandra L. Simons, Manager, Contract
Services Office, Bureau of Reclamation,
PO Box 25007, Denver, Colorado 80225–
0007; telephone 303–445–2902.
Consistent
with section 9(f) of the Reclamation
Project Act of 1939 and the rules and
regulations published in 52 FR 11954,
April 13, 1987 (43 CFR 426.22),
Reclamation will publish notice of
proposed or amendatory contract
actions for any contract for the delivery
of project water for authorized uses in
newspapers of general circulation in the
affected area at least 60 days prior to
contract execution. Announcements
may be in the form of news releases,
legal notices, official letters,
memorandums, or other forms of
written material. Meetings, workshops,
and/or hearings may also be used, as
appropriate, to provide local publicity.
The public participation procedures do
not apply to proposed contracts for the
sale of surplus or interim irrigation
water for a term of 1 year or less. Either
of the contracting parties may invite the
public to observe contract proceedings.
All public participation procedures will
be coordinated with those involved in
complying with the National
Environmental Policy Act. Pursuant to
the ‘‘Final Revised Public Participation
Procedures’’ for water resource-related
contract negotiations, published in 47
FR 7763, February 22, 1982, a tabulation
is provided of all proposed contractual
actions in each of the five Reclamation
regions. When contract negotiations are
completed, and prior to execution, each
proposed contract form must be
approved by the Secretary of the
Interior, or pursuant to delegated or
redelegated authority, the Commissioner
of Reclamation or one of the regional
directors. In some instances,
congressional review and approval of a
report, water rate, or other terms and
SUPPLEMENTARY INFORMATION:
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]]>Agencies
[Federal Register Volume 72, Number 93 (Tuesday, May 15, 2007)]
[Notices]
[Pages 27331-27333]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-9277]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Proposed Low-Effect Habitat Conservation Plan for the Bay
Checkerspot Butterfly for the Metcalf-El Patio Reconductor and Metcalf-
Hicks/Vasona Reconductor, Santa Clara County, CA
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability: receipt of application; request for
comment.
-----------------------------------------------------------------------
SUMMARY: We, the Fish and Wildlife Service (Service), announce receipt
of an application from the Pacific Gas & Electric Company (applicant)
for a 3-year incidental take permit for the federally threatened bay
checkerspot butterfly (Euphydryas editha bayensis) under section
10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act).
The application addresses the potential for ``take'' of the butterfly
incidental to proposed reconductoring and conservation management
activities at the Metcalf-El Patio 115 kV and Metcalf-Hicks/Vasona 230
kV transmission line site in Santa Clara County, California (plan
area). We request comments on the applicant's application and low-
effect habitat conservation plan (plan), and on our preliminary
determination that the Plan qualifies as a ``low-effect'' habitat
conservation plan eligible for a categorical exclusion under the
National Environmental Policy Act of 1969, as amended (NEPA). We
discuss our basis for this determination in our environmental action
statement (EAS), which is also available for review.
DATES: We must receive any written comments on or before June 14, 2007.
ADDRESSES: Please address written comments to Lori Rinek, Chief,
Conservation Planning and Recovery Division, Fish and Wildlife Service,
Sacramento Fish and Wildlife Office, 2800 Cottage Way, W-2605,
Sacramento, CA 95825. Alternatively, you may send comments by facsimile
to (916) 414-6713.
FOR FURTHER INFORMATION CONTACT: Eric Tattersall, Chief, Conservation
Planning Branch, or Cori Mustin, Senior Biologist, at the Sacramento
Fish and Wildlife Office, at (916) 414-6600 (telephone).
SUPPLEMENTARY INFORMATION:
Availability of Documents
You may obtain copies of the permit application, plan, and EAS from
the individuals named under FOR FURTHER INFORMATION CONTACT. Documents
will
[[Page 27332]]
also be available for public inspection, by appointment, during regular
business hours at the Sacramento Fish and Wildlife Office (see
ADDRESSES).
Public Availability of Comments
Before including your address, phone number, e-mail address, or
other personal identifying information in your comment, you should be
aware 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.
Background Information
Section 9 of the Act (16 U.S.C. 1531 et seq.) and its implementing
Federal regulations prohibit the ``take'' of fish or wildlife species
listed as endangered or threatened. ``Take'' is defined under the Act
to include the following activities: To harass, harm, pursue, hunt,
shoot, wound, kill, trap, capture or collect listed animal species, or
to attempt to engage in such conduct. However, under section
10(a)(1)(B) of the Act, the Service may issue permits to authorize
incidental take of listed species. ``Incidental take'' is defined by
the Act as take that is incidental to, and not the purpose of, carrying
out an otherwise lawful activity. Regulations governing incidental take
permits for endangered and threatened species, respectively, are in the
Code of Federal Regulations at 50 CFR 17.22 and 50 CFR 17.32.
The applicant seeks a permit for take of one federally listed
species, the threatened bay checkerspot butterfly (Euphydryas editha
bayensis). This species is referred to as the ``covered species'' in
the plan. The proposed reconductoring activities would temporarily
affect approximately 2.4 acres (ac) of habitat, which comprises
approximately 0.0084 percent of the species' designated critical
habitat. The applicant would receive ``No Surprises'' assurances for
the covered species under our ``No Surprises'' regulations (50 CFR
17.22(b)(5) and 17.32(b)(5)).
Only one species listed under the Act, the bay checkerspot
butterfly, has the potential to occur on the project site and to be
incidentally taken by the proposed project. Several other sensitive
species are located in the vicinity of the plan area, including: (1)
California tiger salamander (Ambystoma californiense), federally listed
as threatened; (2) California red-legged frog (Rana aurora draytonii),
federally listed as threatened; (3) Santa Clara Valley dudleya (Dudleya
setchellii), federally listed as endangered; and (4) Metcalf Canyon
jewelflower (Streptanthus albidus albidus), federally listed as
endangered. However, the Service determined that there would be no take
of California tiger salamander or California red-legged frog. It was
also determined that there would be no project-related effects on Santa
Clara Valley dudleya or Metcalf Canyon jewelflower. Therefore, bay
checkerspot butterfly is the only covered species in the plan.
The applicant proposes to reconductor two Metcalf transmission
lines within the plan area. As discussed in the plan, proposed covered
activities include the following: (1) Constructing crossing structures,
(2) pulling new conductors, (3) accessing the plan area, (4) staging in
the plan area, (5) implementing fire prevention/suppression measures,
and (6) implementing a conservation strategy for the bay checkerspot
butterfly.
The applicant proposes to avoid and minimize take and associated
adverse project impacts to the covered species by fully implementing
the plan. The applicant will minimize and mitigate the impacts of
taking the bay checkerspot butterfly by implementing the following
measures: (1) Conducting construction activities during summer and late
fall; (2) ensuring that a qualified biologist is present to monitor and
oversee technical issues relative to compliance with the mitigation and
conservation measures; (3) restricting work activities to a 50-foot
radius area from the center of most towers; (4) documenting serpentine
(type of soil) habitat conditions with photographs before and after
reconductoring activities; (5) developing and implementing, as
appropriate, a re-seeding plan; (6) planning for rain that may occur
prior to the completion of the project; (7) ensuring minimal
disturbance caused by construction equipment; (8) ensuring that
construction personnel receive worker awareness training; (9) ensuring
that measures are taken to prevent accidental wildfires; and (10)
halting project activities if bay checkerspot larvae or adults are
found on site and coordinating with us regarding next steps. The
applicant's plan also describes measures and funding sources that
ensure that the elements of the plan would be implemented in a timely
manner, actions to be taken if unforeseen events occur, and other
required elements.
Our proposed action consists of approving the applicant's plan and
issuing an incidental take permit for the applicant's project. As
required by the Act, the applicant's plan also considers alternatives
to the take considered under the proposed action. The plan considers
the environmental consequences of one alternative to the proposed
action, the No Action alternative. The proposed action alternative
consists of issuance of the incidental take permit for the applicant's
proposed project, which includes the activities described above. The
proposed action alternative would result in temporary impacts to 2.4 ac
of serpentine habitat. To mitigate for temporary impacts, the applicant
agrees to purchase and conserve at least 1.2 ac of bay checkerspot
butterfly habitat at a ratio of 0.5 to 1, of acres permanently
protected to acres temporarily affected.
Under the No Action alternative, no permit would be issued, no
construction associated with reconductoring activities would occur, and
no take would occur. Under this alternative, the applicant would not be
able to provide a safe and reliable power supply to its south San Jose
service area, which is currently operating close to its maximum load
rating. Additionally, an outage on one of the existing circuits could
result in power curtailments or outages in the area, which would put
the public's health, welfare, and safety at risk and could also result
in substantial damage to the applicant's electrical system. No
conservation areas would be protected under the No Action alternative.
National Environmental Policy Act
As described in our EAS, we have made the preliminary determination
that approval of the proposed plan and issuance of the permit would
qualify as a categorical exclusion under NEPA, as provided by Federal
regulations (40 CFR 1500, 5(k), 1507.3(b)(2), 1508.4) and the
Department of the Interior Manual (516 DM 2 and 516 DM 8). Our EAS
found that the proposed plan qualifies as a ``low-effect'' habitat
conservation plan, as defined by the Service's Habitat Conservation
Planning Handbook (November 1996). Determination of low-effect habitat
conservation plans is based on the following three criteria: (1)
Implementation of the proposed plan would result in minor or negligible
effects on federally listed, proposed, and candidate species and their
habitats; (2) implementation of the proposed plan would result in minor
or negligible effects on other environmental values or resources; and
(3) impacts of the plan, considered together with the impacts of other
past, present and reasonably foreseeable similarly situated projects,
would not result, over time, in cumulative effects to environmental
values or resources which would be
[[Page 27333]]
considered significant. Based upon the preliminary determinations in
the EAS, we do not intend to prepare further NEPA documentation. We
will consider public comments when making the final determination on
whether to prepare an additional NEPA document on the proposed action.
Public Review
We provide this notice pursuant to section 10(c) of the Act and the
NEPA public-involvement regulations (40 CFR 1500.1(b), 1500.2(d), and
1506.6). We will evaluate the permit application, including the plan,
and comments submitted thereon to determine whether the application
meets the requirements of section 10(a) of the Act. If the requirements
are met, we will issue a permit to the Pacific Gas & Electric Company
for incidental take of the bay checkerspot butterfly during Metcalf
reconductoring work. We will make the final permit decision no sooner
than 30 days after the date of this notice.
Dated: May 9, 2007.
Susan K. Moore,
Field Supervisor, Sacramento Fish and Wildlife Office, Sacramento,
California.
[FR Doc. E7-9277 Filed 5-14-07; 8:45 am]
BILLING CODE 4310-55-P
