Habitat Conservation Plan for Pacific Gas and Electric Company's San Francisco Bay Area Operations and Maintenance, 15063-15066 [2017-05856]
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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
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Enforcement (USICE) is submitting the
following information collection request
for review and clearance in accordance
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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
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(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
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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
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(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
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(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:
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currently approved information
collection.
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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:
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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:
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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
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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
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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
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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
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(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
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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
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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:
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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
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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:
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]]>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]
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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.
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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
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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
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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
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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
