Joint Draft Environmental Impact Statement and Environmental Impact Report, Joint Draft Habitat Conservation Plan and Natural Community Conservation Plan; Placer County, California, 29224-29226 [2019-13390]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 84, Number 120 (Friday, June 21, 2019)]
[Notices]
[Pages 29224-29226]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13390]



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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2019-N062; FF08ESMF00-FXES11140800000-190]


Joint Draft Environmental Impact Statement and Environmental 
Impact Report, Joint Draft Habitat Conservation Plan and Natural 
Community Conservation Plan; Placer County, California

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability of permit application; request for 
comments.

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SUMMARY: We, the U.S. Fish and Wildlife Service, announce the 
availability of a joint draft environmental impact statement and draft 
environmental impact report (draft EIS/EIR) under the National 
Environmental Policy Act of 1967, as amended. We also announce receipt 
of applications for an incidental take permit under the Endangered 
Species Act of 1973, as amended, and receipt of a draft habitat 
conservation plan and natural community conservation plan. The National 
Marine Fisheries Service and U.S. Army Corps of Engineers are 
cooperating agencies on the draft EIS/EIR.

DATES: Submitting Comments: To ensure consideration, written comments 
must be received by August 20, 2019.
    Public Meetings: We will hold public meetings on the following 
dates:
    1. Placer County Planning Commission, Thursday, August 1, 2019 at 
6:00-8:00 p.m.
    2. Lincoln City Hall, Thursday, August 15, 2019 at 6:00-8:00 p.m.

ADDRESSES: Submitting Comments: Please address written comments to Mike 
Thomas, Chief, Conservation Planning Division:
     By U.S. mail or hand-delivery at U.S. Fish and Wildlife 
Service, Sacramento Fish and Wildlife Office, 2800 Cottage Way, W-2605, 
Sacramento, CA 95825; if you are hand-delivering your comments, please 
call (916) 414-6600 to make an appointment during regular business 
hours to deliver your comments; or
     By facsimile to (916) 414-6713.
    Public Meetings: We will hold public meetings at the following 
locations:
    1. Placer County Planning Commission, 3091 County Center Drive, 
Auburn, California 95603.
    2. Lincoln City Hall, First Floor Community Room, 600 6th Street, 
Lincoln, California 95648.
    Reviewing Documents: You may obtain electronic copies of the draft 
Western Placer County Habitat Conservation Plan and Natural Community 
Conservation Plan (draft plan) and draft EIS/EIR from the Sacramento 
Fish and Wildlife Office website at https://www.fws.gov/sacramento. 
Copies of these documents are also available for public inspection, by 
appointment, during regular business hours, at the following locations:
     Sacramento Fish and Wildlife Office (see address above, 
under Submitting Comments);
     City of Lincoln Planning Department, 600 5th Street, 
Lincoln, CA 95648;
     Lincoln Public Library, 485 Twelve Bridges Drive, Lincoln, 
CA 95648;
     Placer County Community Development Resource Agency, 3091 
County Center Drive, Auburn, CA 95603; and
     Certain Placer County Library branch locations (350 Nevada 
Street, Auburn, CA 95603; 6475 Douglas Boulevard, Granite Bay, CA 
95746; and 2215 Rippey Road, Penryn, CA 95650).

FOR FURTHER INFORMATION CONTACT: Stephanie Jentsch, Senior Wildlife 
Biologist, Conservation Planning Division, Sacramento Fish and Wildlife 
Office (see ADDRESSES), (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: The U.S. Fish and Wildlife Service (FWS), 
along with the National Marine Fisheries Service (NMFS) and the U.S. 
Army Corps of Engineers (Corps), announce the availability of a joint 
draft environmental impact statement and draft environmental impact 
report (draft EIS/EIR), prepared pursuant to the National Environmental 
Policy Act of 1967, as amended (NEPA; 42 U.S.C. 4321 et seq.), and its 
implementing regulations in the Code of Federal Regulations (CFR) at 40 
CFR 1506.6.
    We also announce the receipt of applications from Placer County, 
the City of Lincoln, South Placer Regional Transportation Authority 
(SPRTA), Placer County Water Agency (PCWA), and the Placer County 
Authority (PCA) (collectively, applicants) for a 50-year incidental 
take permit (ITP) under the Endangered Species Act of 1973, as amended 
(ESA; 16 U.S.C. 1531 et seq.). In support of the applications, the 
applicants prepared a draft habitat conservation plan and natural 
community conservation plan (draft plan) pursuant to section 
10(a)(1)(B) of the ESA. The applicants are requesting the authorization 
of incidental take for 14 covered species that could result from 
activities covered under the draft plan.

Background Information

    Section 9 of the ESA and Federal regulations (50 CFR part 17) 
prohibit the taking of fish and wildlife species listed as endangered 
or threatened under section 4 of the ESA. Regulations governing permits 
for endangered and threatened species are set forth at 50 CFR 17.22 and 
17.32, respectively. For more about the Federal habitat conservation 
plan program, go to https://www.fws.gov/endangered/esa-library/pdf/hcp.pdf. As cooperating agencies, NMFS may use the EIS analysis to 
support a decision as to whether to issue an ITP to the applicants, and 
the Corps may use the EIS analysis to support decisions made associated 
with implementing the Clean Water Act (33 U.S.C. 1251 et seq.).

Proposed Action Alternative

    FWS and NMFS would issue ITPs to the applicants for a period of 50 
years for certain covered activities (described below). The applicants 
have requested ITPs for 14 covered animal species (described below), of 
which 7 are listed as endangered or threatened under the ESA.

Plan Area

    The geographic scope of the draft plan includes two plan areas. 
Plan Area A encompasses approximately 209,000 acres of the City of 
Lincoln and unincorporated lands in western Placer County and is the 
focus of the draft plan. Plan Area B includes additional specific areas 
in Placer and Sutter Counties that are not included in Plan Area A. 
Combined, Plan Areas A and B cover approximately 260,000 acres.

Covered Activities

    The proposed ESA section 10 ITPs would allow take of 14 covered 
species resulting from certain covered activities in the proposed plan 
areas. The draft plan includes the following seven general categories 
of covered activities (collectively, covered activities):
    1. Valley potential future growth.
    2. Valley conservation and rural development.
    3. Foothills potential future growth.
    4. Foothills conservation and rural development.
    5. Regional public programs.
    6. In-stream programs.
    7. Conservation programs.
    Covered activities include urban and rural development, water 
management, conservation measures, facilities maintenance, and other 
actions. The first four categories encompass future

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growth and rural development in the valley and foothills in Plan Area 
A. The final three categories occur throughout the plan areas and are 
defined primarily by similar habitat features or programmatic 
objectives.

Covered Species

    Covered species are those 14 species addressed in the draft plan 
for which conservation actions will be implemented and for which the 
applicants are seeking ITPs, and include certain species listed under 
the ESA, species listed under the California Endangered Species Act 
(CESA), and species that are not currently listed but that have the 
potential to become listed during the proposed 50-year permit term.
    The following wildlife species federally listed as endangered are 
proposed to be covered by the draft plan under an ITP from the FWS: 
Conservancy fairy shrimp (Branchinecta conservatio) and vernal pool 
tadpole shrimp (Lepidurus packardi).
    The following wildlife species federally listed as threatened are 
proposed to be covered by the draft plan under an ITP from the FWS: 
Giant garter snake (Thamnophis gigas), California red-legged frog (Rana 
draytonii), valley elderberry longhorn beetle (Desmocerus californicus 
dimorphus), and vernal pool fairy shrimp (Branchinecta lynchi).
    The following wildlife species that are not federally listed are 
also proposed to be covered by the draft plan: Swainson's hawk (Buteo 
swainsoni), California black rail (Laterallus jamaicensis 
coturniculus), western burrowing owl (Athene cunicularia hypugaea), 
tricolored blackbird (Agelaius tricolor), western pond turtle 
(Actinemys marmorata), and foothill yellow-legged frog (Rana boylii).
    Two species of fish are proposed to be covered by the draft plan 
under an ITP from NMFS: The Central Valley steelhead (distinct 
population segment; Oncorhynchus mykiss irideus), which is federally 
listed as threatened; and the Central Valley fall/late-fall run Chinook 
salmon (evolutionarily significant unit; Oncorhynchus tshawytscha), 
which is not listed.
    Collectively, these 14 species comprise the covered species 
addressed by the draft plan. All species included on the ITPs would 
receive assurances under FWS' ``No Surprises'' regulations at 50 CFR 
17.22(b)(5) and 17.32(b)(5) and NMFS ``No Surprises'' regulations at 50 
CFR 222.307(g).

National Environmental Policy Act Compliance

    The draft EIS/EIR was prepared to analyze the impacts of issuing 
ITPs based on the draft plan and to inform the public of the proposed 
action, alternatives, and associated impacts and to disclose any 
irreversible commitments of resources.
    FWS and NMFS published a notice of intent (NOI) to prepare a joint 
environmental impact statement and environmental impact report in the 
Federal Register on March 7, 2005 (70 FR 11022). 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 that 
were held on March 15, 16, and 17, 2005.

No-Action Alternative

    Under the no-action alternative, FWS and NMFS would not issue ITPs 
to the applicants, and the draft plan would not be implemented. Under 
this alternative, individual projects carried out by or approved by one 
or more of the applicants that may take federally listed species would 
result in project-level consultation with the FWS and NMFS pursuant to 
section 7 or section 10 of the ESA. Because the applicants and private 
developers would generate environmental documentation and comply with 
the ESA on a project-by-project basis, there would not be a 
comprehensive program to coordinate and standardize requirements under 
the ESA within the plan area.

Reduced Take/Reduced Fill Alternative

    The reduced take/reduced fill alternative would include the same 
categories of covered activities as the proposed action alternative 
(see Covered Activities under Proposed Action Alternative, above); 
however, under this alternative, the Valley Potential Growth Area (A1) 
would reduce vernal pool complex land (including waters protected by 
the Clean Water Act) conversion by 1,250 acres (approximately 10 
percent). To maintain similar levels of development as the proposed 
action alternative, more grasslands and agricultural types would be 
developed (about a 4-percent increase) to compensate. Other aspects of 
covered activities, covered species, plan implementation, and 
conservation measures would remain the same as the proposed action 
alternative under this alternative. There would be no changes to other 
areas within the plan area.

Reduced Permit Term Alternative

    The reduced permit term alternative would include the same 
categories of covered activities, covered species, and plan area as the 
proposed action alternative under this alternative; however, under this 
alternative, the permit term would be 30 years instead of 50. Longer-
term projects would not be covered under this alternative, which would 
result in lower levels of urban and suburban development within the 
reduced permit term. Because impacts on covered species would be about 
40 percent lower, less funding would be available to implement 
conservation measures, and overall fewer conservation measures would be 
implemented to meet the issuance criteria (such as land acquisition, 
management, monitoring, and restoration actions).

Public Comments

    We request data, comments, new information, or suggestions from 
other concerned governmental agencies, the scientific community, 
Tribes, industry, or any other interested party on this notice, the 
draft EIS/EIR, or the draft plan. We particularly seek comments on 
biological information concerning covered species, current or planned 
activities in the subject area, and identification of other 
environmental issues that should be considered in regard to the 
proposed development and permit action.
    You may submit your comments and materials by one of the methods 
listed in ADDRESSES. Comments and materials we receive will be 
available for public inspection by appointment, Monday through Friday 
from 8 a.m. to 4:30 p.m., at the Sacramento Fish and Wildlife Office 
(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 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 ITP is a Federal proposed action subject to 
compliance with NEPA. The FWS and NMFS 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 ESA. If FWS and NMFS determine that those 
requirements are met, we will

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issue permits to the applicants for the incidental take of the covered 
species. Permit decisions will be made no sooner than 30 days after the 
publication of the notice of availability for the final plan, final 
EIS/EIR, and completion of the record of decision.

Authority

    We publish this notice under the National Environmental Policy Act 
of 1969, as amended (42 U.S.C. 4321 et seq.), and its implementing 
regulations at 40 CFR part 1500 through 1508, as well as in compliance 
with section 10(c) of the Endangered Species Act of 1973, as amended 
(16 U.S.C. 1531 et seq.), and its implementing regulations at 40 CFR 
17.22.

Michael Fris,
Assistant Regional Director, U.S. Fish and Wildlife Service, Pacific 
Southwest Region, Sacramento, California.
[FR Doc. 2019-13390 Filed 6-20-19; 8:45 am]
 BILLING CODE 4333-15-P