Endangered and Threatened Species; Receipt of Incidental Take Permit Application and Habitat Conservation Plan for the Proposed Rooney Ranch Wind Repowering Project, Alameda County, California; Availability of Draft Environmental Assessment, 32044-32046 [2020-11369]
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Federal Register / Vol. 85, No. 103 / Thursday, May 28, 2020 / Notices
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS–R8–ES–2019–0116;
FXES11140900000–190–FF08E00000]
Endangered and Threatened Species;
Receipt of Incidental Take Permit
Application and Habitat Conservation
Plan for the Proposed Rooney Ranch
Wind Repowering Project, Alameda
County, California; Availability of Draft
Environmental Assessment
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability; request
for comments.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), have received
an application for an incidental take
permit under the Endangered Species
Act (ESA) permit to conduct activities
with the potential for take of
endangered and threatened species that
is incidental to, and not the purpose of,
carrying out otherwise lawful activities.
We invite comments on the applicant’s
permit application and habitat
conservation plan (HCP), and the
associated environmental assessment,
which we have prepared pursuant to the
National Environmental Policy Act. We
will take comments into consideration
before issuance of the requested permit.
DATES: To ensure consideration, please
send your written comments by July 29,
2020.
ADDRESSES: Obtaining Documents:
• Electronic copies: The documents
this notice announces, as well as any
comments and other materials that we
receive, will be available for public
inspection online in Docket No. FWS–
R8–ES–2019–0116 at https://
www.regulations.gov.
You may also obtain electronic copies
of the draft Rooney Ranch Wind
Repowering Project Habitat
Conservation Plan (draft HCP) and draft
environmental assessment (EA) from the
Sacramento Fish and Wildlife Office
website at https://www.fws.gov/
sacramento. (See FOR FURTHER
INFORMATION CONTACT.)
Submitting Comments: You may
submit comments by one of the
following methods:
• Internet: https://
www.regulations.gov. Follow the
instructions for submitting comments
under Docket No. FWS–R8–ES–2019–
0116.
• U.S. mail: Public Comments
Processing; Attn: Docket No. FWS–R8–
ES–2019–0116; U.S. Fish and Wildlife
Service Headquarters, MS: PERMA;
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SUMMARY:
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5275 Leesburg Pike; Falls Church, VA
22041–3803.
For more information, see Public
Comment Procedures under
SUPPLEMENTARY INFORMATION.
• Facsimile: 916–414–6713, attn.
Ryan Olah.
We request that you send comments
by only the methods described above.
FOR FURTHER INFORMATION CONTACT:
Claudia Funari, Fish and Wildlife
Biologist, Sacramento Fish and Wildlife
Office (see ADDRESSES), 916–414–6600
(telephone). If you use a
telecommunications device for the deaf,
please call the Federal Information
Relay Service at 800–877–8339.
SUPPLEMENTARY INFORMATION: We, the
U.S. Fish and Wildlife Service, have
prepared an environmental assessment
under the National Environmental
Policy Act (NEPA) for the proposed
Rooney Ranch Wind Repowering Project
in response to an application from
Rooney Ranch Wind, LLC (applicant)
for a 36-year incidental take permit for
three species under the Endangered
Species Act of 1973, as amended (ESA;
16 U.S.C. 1531 et seq.). The application
addresses the potential for ‘‘take’’ of the
following three federally listed animals:
The Central California distinct
population segment of the California
tiger salamander (Ambystoma
californiense) (central CTS), the
California red-legged frog (Rana
draytonii), and the San Joaquin kit fox
(Vulpes macrotis mutica). The applicant
would implement a conservation
program to minimize and mitigate the
project impacts, as described in the
applicant’s habitat conservation plan
(HCP). We invite comments on the
applicant’s permit application, HCP,
and the associated EA, which we have
prepared pursuant to the National
Environmental Policy Act of 1969, 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 will take
comments into consideration before
issuance of the requested permit.
The applicant has submitted a draft
HCP as part of the application for an ITP
under section 10(a)(1)(B) of the ESA.
The draft HCP includes measures
necessary to minimize and mitigate the
impacts, to the maximum extent
practicable, of potential taking of
federally listed species to be covered by
the HCP, and the habitats upon which
they depend, resulting from
construction and operation of the
proposed Rooney Ranch Wind
Repowering Project within the project
area, to include portions of the
Altamont Pass Wind Resource Area
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(APWRA) in Alameda County,
California.
Background Information
Section 9 of the ESA prohibits the
take of fish or wildlife species listed as
endangered; as applicable to the species
affected by the proposed action, the ESA
implementing regulations also prohibit
take of fish or wildlife species listed as
threatened, with exceptions for certain
ranching activities on private and tribal
lands as described in 50 CFR
17.43(c)(3)(i)–(xi) and 50 CFR
17.43(d)(3)(i)–(xi). Regulations
governing permits for endangered and
threatened species are at 50 CFR 17.22
and 17.32. For more about the Federal
habitat conservation plan (HCP)
program, go to https://www.fws.gov/
endangered/esa-library/pdf/hcp.pdf.
The National Environmental Policy
Act (NEPA; 42 U.S.C. 4321 et seq.)
requires Federal agencies to analyze
their proposed actions to determine
whether the actions may significantly
affect the human environment. In these
NEPA analyses, the Federal agency will
identify direct, indirect, and cumulative
effects, as well as possible mitigation for
effects on environmental resources that
could occur with implementation of the
proposed action and alternatives.
Proposed Action Alternative
We would issue an ITP to the
applicant for a period of 36 years for
certain covered activities (described
below). The applicant has requested an
ITP for three federally listed species.
The HCP addresses four types of
proposed activities (referred to as
covered activities in the HCP): (1)
Construction of facilities, (2) operation
and maintenance (O&M) of facilities, (3)
conservation actions, and (4) restoration
actions. The project would consist of the
installation of large-scale modern wind
turbines with generating capacities
between 2.3 and 4.0 megawatts (MW),
all generally similar in size and
appearance, to develop up to 25.1 MW.
The proposed layout would include
seven new-generation wind turbines.
Generally, existing roads would be used,
with temporary widening of
approximately 2.7 miles of roads and
construction of approximately 0.3 mile
of new roads. An existing on-site
substation, consisting of an
approximately 0.2-acre gravel-covered
footprint area, may be expanded by 0.1
acre to accommodate installation of
upgraded equipment. Construction
activities would result in 1.8 acres of
permanent impacts to landcover from
the installation of facilities, roads, and
turbine structures. Construction
activities would also result in 42.9 acres
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Federal Register / Vol. 85, No. 103 / Thursday, May 28, 2020 / Notices
of temporary land cover impacts from
activities such as grading, trenching,
excavation, access roads, and staging
areas. Operations and maintenance
activities would result in temporary
landcover disturbance of up to 3.0 acres
over the life of the permit. The project
would result in 1.8 acres of permanent
impacts (construction) and 45.9 acres of
temporary impacts (construction +
operations/maintenance).
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Habitat Conservation Plan Area
The geographic scope of the draft HCP
area comprises two separate permit
areas: The project permit area and the
mitigation permit area. The project
permit area encompasses approximately
582 acres within the APWRA in eastern
Alameda County, California, consisting
of two Santa Clara City-owned parcels
between I–580 to the south and
Altamont Pass Road to the north. The
repowering project would be
constructed entirely within the project
permit area. The mitigation permit area
comprises potential mitigation lands,
still to be identified, that the applicant,
in coordination with the Service, is
evaluating in Alameda County. Based
on where the mitigation lands are
located in the County, the estimated
acreage required of the mitigation site
would range from 48.3 to 51.3 acres.
When the permit areas are combined,
the HCP area will cover approximately
633.3 acres.
Covered Activities
The proposed ESA section 10 ITP
would allow take of three covered
species resulting from certain covered
activities in the proposed HCP area. The
proposed covered activities under this
HCP include constructing and installing
seven wind turbines and associated
electrical facilities and access roads,
installing a meteorological tower, a
power collection system, expanding a
substation as well as maintaining the
new wind turbines and the associated
facilities, and restoring the site.
Specifically, proposed covered activities
include grading, excavating to support
access roads, trenching to install
underground electrical lines, installing
erosion-control measures during
construction and maintenance covered
activities, installation or temporary
expansion of gravel roads, pouring a
cement footing to support each turbine,
installing of other infrastructure, gravel
placement for road maintenance,
vehicle travel, transport of equipment
and supplies, and other similar actions
necessary to support the construction,
maintenance, and operation of the
proposed Rooney Ranch Wind
Repowering Project. All activities
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associated with monitoring and
maintenance of habitat and listed
species populations within the
mitigation site would also be considered
covered activities.
The applicant proposes to avoid,
minimize, and mitigate the effects to the
covered species associated with the
covered activities by fully implementing
the HCP. The following mitigation
measures will be implemented for
covered species as part of the HCP:
Minimize impact area; avoid injury of
covered species during implementation
of covered activities through such
measures as seasonal and daytime work
limitation, the presence of a biological
monitor, and the placement of wildlife
exclusionary fencing in key areas; avoid
habitat impacts associated with erosion
and sedimentation generated by covered
activities; minimize the risk of projectrelated toxic spills that could adversely
affect listed species habitat; restore all
temporarily disturbed listed species’
habitat in the HCP area to pre-project
conditions within 1 year of disturbance;
ensure implementation of the avoidance
and minimization measures; offset
unavoidable impacts on covered species
through the purchase of approximately
48.3 to 51.3 acres of covered species
habitat to ensure that temporary and
permanent effects are mitigated.
Covered Species
The applicants have requested an ITP
for three federally listed threatened
species: The threatened California redlegged frog (Rana draytonii), the
threatened Central California distinct
population segment (DPS) of the
California tiger salamander (Ambystoma
californiense) (Central California tiger
salamander), and the endangered San
Joaquin kit fox (Vulpes macrotis
mutica). All species included on the ITP
would receive assurances under the
Service’s ‘‘No Surprises’’ regulations at
50 CFR 17.22(b)(5).
National Environmental Policy Act
Compliance
The draft EA was prepared to analyze
the impacts of issuing an ITP based on
the draft HCP and to inform the public
of the proposed action, alternatives, and
associated impacts and to disclose any
irreversible commitments of resources.
The proposed action presented in the
draft EA will be compared to the noaction alternative. The no-action
alternative represents estimated future
conditions to which the proposed
action’s estimated future conditions can
be compared. Other alternatives were
not considered or addressed in the draft
EA, because they did not fulfill the
purpose and need of the project.
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No Action Alternative
Under the no-action alternative, the
HCP would not be implemented, and
the proposed ITP would not be issued.
There would be no take of federally
listed species as a result of the project.
This alternative assumes that existing
wind power production facilities and
approved repowering wind production
facilities in the APWRA would continue
to operate into the future.
Environmental Review and Next Steps
As described in our EA, we have
made the preliminary determination
that approval of the draft HCP and
issuance of the permit would qualify as
finding of no significant impact (FONSI)
under NEPA (42 U.S.C. 4321 et seq.), as
provided by Federal regulations (40 CFR
1500.5(k), 1507.3(b)(2), 1508.4) and the
Department of the Interior Manual. Our
EA articulates the project effects on all
potential resources that could be
adversely affected, including aesthetics,
air quality and climate change,
biological resources, cultural resources,
geology, hazardous materials and public
safety hazards, hydrology and water
quality, noise, and traffic and
transportation. It also includes an
analysis of alternatives and other
required analysis such as unavoidable
adverse effects, irreversible and
irretrievable commitments of resources,
and finally, short-term uses versus longterm productivity and cumulative
effects.
Public Comment Procedures
All comments and materials we
receive in response to these requests
will be available for public review at
https://www.regulations.gov.
Before including your address, phone
number, email 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.
Next Steps
Issuance of an ITP is a Federal
proposed action subject to compliance
with NEPA. The FWS 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 the FWS determines that those
requirements are met, we will issue a
permit to the applicant for the
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Federal Register / Vol. 85, No. 103 / Thursday, May 28, 2020 / Notices
incidental take of the covered species
from the implementation of the covered
activities described in the HCP. A
permit decision will be made no sooner
than 30 days after the date of
publication of this notice in the Federal
Register.
Authority
We issue this notice pursuant to
section 10(c) of the ESA (16 U.S.C. 1531
et seq.) and its implementing
regulations (50 CFR 17.22 and 17.32),
and the National Environmental Policy
Act (42 U.S.C. 4321 et seq.) and its
implementing regulations (40 CFR
1506.6 and 43 CFR 46.305).
Jennifer Norris,
Field Supervisor, Sacramento Fish and
Wildlife Office, U.S. Fish and Wildlife Service,
Sacramento, California.
[FR Doc. 2020–11369 Filed 5–27–20; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLMTC02000.L51100000.GA0000.
LVEME14CE500]
Notice of Termination of Spring Creek
Coal Mine Environmental Impact
Statement, Big Horn County, MT
Bureau of Land Management,
Interior.
ACTION: Notice of termination.
AGENCY:
The preparation of an
Environmental Impact Statement (EIS)
for Spring Creek Coal Mine is no longer
necessary and the process is hereby
terminated.
DATES: This termination takes effect
immediately.
FOR FURTHER INFORMATION CONTACT: Irma
Nansel, Planning and Environmental
Coordinator, Miles City Field Office,
telephone: 406–233–3653, email:
inansel@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 Ms. Nansel during normal
business hours. The FRS is available 24
hours a day, 7 days a week, to leave a
message or question. You will receive a
reply during normal business hours.
SUPPLEMENTARY INFORMATION: Pursuant
to the National Environmental Policy
Act of 1969 (NEPA), as implemented by
the Council on Environmental Quality
regulations, the Bureau of Land
Management (BLM) announced its
Notice of Intent (NOI) to prepare an EIS
in the Federal Register on December 14,
2016 (81 FR 90380).
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SUMMARY:
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The EIS was to evaluate the potential
impacts of four proposed actions related
to coal mining at the Spring Creek Mine
in Big Horn County, Montana: (1)
Federal Coal Lease by Application; (2)
Application To Modify Federal Coal
Lease; (3) Application To Amend Land
Use Permit; and (4) Application for a
Land Use Lease. The proposed actions
involved the potential sale of two tracts
of Federal coal through a Lease-ByApplication (LBA) and a lease
modification application. Both
applications covered proposed actions
for Federal coal within the Spring Creek
Mine. Related to these leasing requests,
the EIS would have also evaluated
proposed amendments to an existing
land use permit to maintain access to
mine monitoring and gauging stations
and an existing land use lease to
provide room for the placement of
overburden and infrastructure.
Since the publication of the NOI to
prepare an EIS, the BLM no longer
proposes to take action due to the
unknown timeframe to complete
required lease transfers to the new
company (the previous company filed
for bankruptcy after the NOI was
published). Lease transfers may be
prolonged due to ongoing bankruptcy
court proceedings and the primary need
to obtain required State permits to
continue current mine operations. In
addition, depending on the request by
the new company owner, the BLM
would need to determine the type of
NEPA document to be completed for the
proposed action while considering the
Miles City Field Office Supplemental
EIS Record of Decision, which was
signed on November 24, 2019. The lack
of lease and mine permit transfers in the
near future, in addition to an unknown
proposed action, has eliminated the
need for detailed analysis. Therefore,
the BLM hereby terminates preparation
of an EIS for the Spring Creek Coal
Mine.
(Authority: 40 CFR 1506.6, 40 CFR 1506.10)
John Mehlhoff,
State Director, Montana/Dakotas BLM.
[FR Doc. 2020–11441 Filed 5–27–20; 8:45 am]
BILLING CODE 4310–DN–P
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLNVL0000–L51100000–GN0000–
LVEMF1905850 19X MO #4500144424]
Notice of Intent to Prepare an
Environmental Impact Statement for
the Robinson Mine Plan of Operations
Amendment and Proposed Resource
Management Plan Amendment, White
Pine County, Nevada
Bureau of Land Management,
Interior.
ACTION: Notice of intent.
AGENCY:
In compliance with the
National Environmental Policy Act of
1969, as amended (NEPA), and the
Federal Land Policy and Management
Act of 1976, as amended (FLPMA), the
Bureau of Land Management (BLM) Ely
District (EYDO), Nevada, intends to
prepare an Environmental Impact
Statement (EIS) for the Robinson Mine
Plan of Operations Amendment and
proposed Amendment of the BLM Ely
District Resource Management Plan
(RMP). By this Notice, BLM is
announcing the beginning of the
scoping process to solicit public
comments and identify issues.
DATES: This Notice initiates the public
scoping process for the EIS. Comments
on issues may be submitted in writing
until June 29, 2020. To maximize the
opportunity for public input on this
project while prioritizing the health and
safety of BLM employees and the
interested public, BLM will host online
virtual public scoping meetings to
provide information and gather input on
the project. The date(s) and information
on how to login and participate in these
virtual scoping meetings will be
announced at least 15 days in advance
through local media and on the BLM
website at https://go.usa.gov/xvYad. In
order to be considered in the scope of
analysis for the Draft EIS, all comments
must be received prior to the close of
the 30-day scoping period or 15 days
after the last public scoping meeting,
whichever is later. We will provide
additional opportunities for public
participation upon publication of the
Draft EIS.
ADDRESSES: You may submit comments
related to the Robinson Mine Plan of
Operations Amendment and Proposed
Ely District RMP Amendment by any of
the following methods:
• Website: https://go.usa.gov/xvYad.
• Email: blm_nv_edyo_robinson_eis@
blm.gov.
• Mail: BLM Bristlecone Field Office,
ATTN: Robinson EIS Project, 702 North
Industrial Way, Ely, Nevada 89301.
SUMMARY:
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]]>Agencies
[Federal Register Volume 85, Number 103 (Thursday, May 28, 2020)]
[Notices]
[Pages 32044-32046]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11369]
[[Page 32044]]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS-R8-ES-2019-0116; FXES11140900000-190-FF08E00000]
Endangered and Threatened Species; Receipt of Incidental Take
Permit Application and Habitat Conservation Plan for the Proposed
Rooney Ranch Wind Repowering Project, Alameda County, California;
Availability of Draft Environmental Assessment
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for comments.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have
received an application for an incidental take permit under the
Endangered Species Act (ESA) permit to conduct activities with the
potential for take of endangered and threatened species that is
incidental to, and not the purpose of, carrying out otherwise lawful
activities. We invite comments on the applicant's permit application
and habitat conservation plan (HCP), and the associated environmental
assessment, which we have prepared pursuant to the National
Environmental Policy Act. We will take comments into consideration
before issuance of the requested permit.
DATES: To ensure consideration, please send your written comments by
July 29, 2020.
ADDRESSES: Obtaining Documents:
Electronic copies: The documents this notice announces, as
well as any comments and other materials that we receive, will be
available for public inspection online in Docket No. FWS-R8-ES-2019-
0116 at https://www.regulations.gov.
You may also obtain electronic copies of the draft Rooney Ranch
Wind Repowering Project Habitat Conservation Plan (draft HCP) and draft
environmental assessment (EA) from the Sacramento Fish and Wildlife
Office website at https://www.fws.gov/sacramento. (See FOR FURTHER
INFORMATION CONTACT.)
Submitting Comments: You may submit comments by one of the
following methods:
Internet: https://www.regulations.gov. Follow the
instructions for submitting comments under Docket No. FWS-R8-ES-2019-
0116.
U.S. mail: Public Comments Processing; Attn: Docket No.
FWS-R8-ES-2019-0116; U.S. Fish and Wildlife Service Headquarters, MS:
PERMA; 5275 Leesburg Pike; Falls Church, VA 22041-3803.
For more information, see Public Comment Procedures under
SUPPLEMENTARY INFORMATION.
Facsimile: 916-414-6713, attn. Ryan Olah.
We request that you send comments by only the methods described
above.
FOR FURTHER INFORMATION CONTACT: Claudia Funari, Fish and Wildlife
Biologist, Sacramento Fish and Wildlife Office (see ADDRESSES), 916-
414-6600 (telephone). If you use a telecommunications device for the
deaf, please call the Federal Information Relay Service at 800-877-
8339.
SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service, have
prepared an environmental assessment under the National Environmental
Policy Act (NEPA) for the proposed Rooney Ranch Wind Repowering Project
in response to an application from Rooney Ranch Wind, LLC (applicant)
for a 36-year incidental take permit for three species under the
Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et
seq.). The application addresses the potential for ``take'' of the
following three federally listed animals: The Central California
distinct population segment of the California tiger salamander
(Ambystoma californiense) (central CTS), the California red-legged frog
(Rana draytonii), and the San Joaquin kit fox (Vulpes macrotis mutica).
The applicant would implement a conservation program to minimize and
mitigate the project impacts, as described in the applicant's habitat
conservation plan (HCP). We invite comments on the applicant's permit
application, HCP, and the associated EA, which we have prepared
pursuant to the National Environmental Policy Act of 1969, 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 will take
comments into consideration before issuance of the requested permit.
The applicant has submitted a draft HCP as part of the application
for an ITP under section 10(a)(1)(B) of the ESA. The draft HCP includes
measures necessary to minimize and mitigate the impacts, to the maximum
extent practicable, of potential taking of federally listed species to
be covered by the HCP, and the habitats upon which they depend,
resulting from construction and operation of the proposed Rooney Ranch
Wind Repowering Project within the project area, to include portions of
the Altamont Pass Wind Resource Area (APWRA) in Alameda County,
California.
Background Information
Section 9 of the ESA prohibits the take of fish or wildlife species
listed as endangered; as applicable to the species affected by the
proposed action, the ESA implementing regulations also prohibit take of
fish or wildlife species listed as threatened, with exceptions for
certain ranching activities on private and tribal lands as described in
50 CFR 17.43(c)(3)(i)-(xi) and 50 CFR 17.43(d)(3)(i)-(xi). Regulations
governing permits for endangered and threatened species are at 50 CFR
17.22 and 17.32. For more about the Federal habitat conservation plan
(HCP) program, go to https://www.fws.gov/endangered/esa-library/pdf/hcp.pdf.
The National Environmental Policy Act (NEPA; 42 U.S.C. 4321 et
seq.) requires Federal agencies to analyze their proposed actions to
determine whether the actions may significantly affect the human
environment. In these NEPA analyses, the Federal agency will identify
direct, indirect, and cumulative effects, as well as possible
mitigation for effects on environmental resources that could occur with
implementation of the proposed action and alternatives.
Proposed Action Alternative
We would issue an ITP to the applicant for a period of 36 years for
certain covered activities (described below). The applicant has
requested an ITP for three federally listed species. The HCP addresses
four types of proposed activities (referred to as covered activities in
the HCP): (1) Construction of facilities, (2) operation and maintenance
(O&M) of facilities, (3) conservation actions, and (4) restoration
actions. The project would consist of the installation of large-scale
modern wind turbines with generating capacities between 2.3 and 4.0
megawatts (MW), all generally similar in size and appearance, to
develop up to 25.1 MW. The proposed layout would include seven new-
generation wind turbines. Generally, existing roads would be used, with
temporary widening of approximately 2.7 miles of roads and construction
of approximately 0.3 mile of new roads. An existing on-site substation,
consisting of an approximately 0.2-acre gravel-covered footprint area,
may be expanded by 0.1 acre to accommodate installation of upgraded
equipment. Construction activities would result in 1.8 acres of
permanent impacts to landcover from the installation of facilities,
roads, and turbine structures. Construction activities would also
result in 42.9 acres
[[Page 32045]]
of temporary land cover impacts from activities such as grading,
trenching, excavation, access roads, and staging areas. Operations and
maintenance activities would result in temporary landcover disturbance
of up to 3.0 acres over the life of the permit. The project would
result in 1.8 acres of permanent impacts (construction) and 45.9 acres
of temporary impacts (construction + operations/maintenance).
Habitat Conservation Plan Area
The geographic scope of the draft HCP area comprises two separate
permit areas: The project permit area and the mitigation permit area.
The project permit area encompasses approximately 582 acres within the
APWRA in eastern Alameda County, California, consisting of two Santa
Clara City-owned parcels between I-580 to the south and Altamont Pass
Road to the north. The repowering project would be constructed entirely
within the project permit area. The mitigation permit area comprises
potential mitigation lands, still to be identified, that the applicant,
in coordination with the Service, is evaluating in Alameda County.
Based on where the mitigation lands are located in the County, the
estimated acreage required of the mitigation site would range from 48.3
to 51.3 acres. When the permit areas are combined, the HCP area will
cover approximately 633.3 acres.
Covered Activities
The proposed ESA section 10 ITP would allow take of three covered
species resulting from certain covered activities in the proposed HCP
area. The proposed covered activities under this HCP include
constructing and installing seven wind turbines and associated
electrical facilities and access roads, installing a meteorological
tower, a power collection system, expanding a substation as well as
maintaining the new wind turbines and the associated facilities, and
restoring the site. Specifically, proposed covered activities include
grading, excavating to support access roads, trenching to install
underground electrical lines, installing erosion-control measures
during construction and maintenance covered activities, installation or
temporary expansion of gravel roads, pouring a cement footing to
support each turbine, installing of other infrastructure, gravel
placement for road maintenance, vehicle travel, transport of equipment
and supplies, and other similar actions necessary to support the
construction, maintenance, and operation of the proposed Rooney Ranch
Wind Repowering Project. All activities associated with monitoring and
maintenance of habitat and listed species populations within the
mitigation site would also be considered covered activities.
The applicant proposes to avoid, minimize, and mitigate the effects
to the covered species associated with the covered activities by fully
implementing the HCP. The following mitigation measures will be
implemented for covered species as part of the HCP: Minimize impact
area; avoid injury of covered species during implementation of covered
activities through such measures as seasonal and daytime work
limitation, the presence of a biological monitor, and the placement of
wildlife exclusionary fencing in key areas; avoid habitat impacts
associated with erosion and sedimentation generated by covered
activities; minimize the risk of project-related toxic spills that
could adversely affect listed species habitat; restore all temporarily
disturbed listed species' habitat in the HCP area to pre-project
conditions within 1 year of disturbance; ensure implementation of the
avoidance and minimization measures; offset unavoidable impacts on
covered species through the purchase of approximately 48.3 to 51.3
acres of covered species habitat to ensure that temporary and permanent
effects are mitigated.
Covered Species
The applicants have requested an ITP for three federally listed
threatened species: The threatened California red-legged frog (Rana
draytonii), the threatened Central California distinct population
segment (DPS) of the California tiger salamander (Ambystoma
californiense) (Central California tiger salamander), and the
endangered San Joaquin kit fox (Vulpes macrotis mutica). All species
included on the ITP would receive assurances under the Service's ``No
Surprises'' regulations at 50 CFR 17.22(b)(5).
National Environmental Policy Act Compliance
The draft EA was prepared to analyze the impacts of issuing an ITP
based on the draft HCP and to inform the public of the proposed action,
alternatives, and associated impacts and to disclose any irreversible
commitments of resources. The proposed action presented in the draft EA
will be 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. Other
alternatives were not considered or addressed in the draft EA, because
they did not fulfill the purpose and need of the project.
No Action Alternative
Under the no-action alternative, the HCP would not be implemented,
and the proposed ITP would not be issued. There would be no take of
federally listed species as a result of the project. This alternative
assumes that existing wind power production facilities and approved
repowering wind production facilities in the APWRA would continue to
operate into the future.
Environmental Review and Next Steps
As described in our EA, we have made the preliminary determination
that approval of the draft HCP and issuance of the permit would qualify
as finding of no significant impact (FONSI) under NEPA (42 U.S.C. 4321
et seq.), as provided by Federal regulations (40 CFR 1500.5(k),
1507.3(b)(2), 1508.4) and the Department of the Interior Manual. Our EA
articulates the project effects on all potential resources that could
be adversely affected, including aesthetics, air quality and climate
change, biological resources, cultural resources, geology, hazardous
materials and public safety hazards, hydrology and water quality,
noise, and traffic and transportation. It also includes an analysis of
alternatives and other required analysis such as unavoidable adverse
effects, irreversible and irretrievable commitments of resources, and
finally, short-term uses versus long-term productivity and cumulative
effects.
Public Comment Procedures
All comments and materials we receive in response to these requests
will be available for public review at https://www.regulations.gov.
Before including your address, phone number, email 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.
Next Steps
Issuance of an ITP is a Federal proposed action subject to
compliance with NEPA. The FWS 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 the FWS determines that those requirements are
met, we will issue a permit to the applicant for the
[[Page 32046]]
incidental take of the covered species from the implementation of the
covered activities described in the HCP. A permit decision will be made
no sooner than 30 days after the date of publication of this notice in
the Federal Register.
Authority
We issue this notice pursuant to section 10(c) of the ESA (16
U.S.C. 1531 et seq.) and its implementing regulations (50 CFR 17.22 and
17.32), and the National Environmental Policy Act (42 U.S.C. 4321 et
seq.) and its implementing regulations (40 CFR 1506.6 and 43 CFR
46.305).
Jennifer Norris,
Field Supervisor, Sacramento Fish and Wildlife Office, U.S. Fish and
Wildlife Service, Sacramento, California.
[FR Doc. 2020-11369 Filed 5-27-20; 8:45 am]
BILLING CODE 4333-15-P
