Endangered and Threatened Wildlife and Plants; Draft Habitat Conservation Plan and Draft Environmental Assessment; Sacramento Municipal Utility District Operations, Maintenance, and New Construction Habitat Conservation Plan, Sacramento County, CA, 90195-90196 [2023-28719]

Download as PDF Federal Register / Vol. 88, No. 249 / Friday, December 29, 2023 / Notices The TMAC will meet on Tuesday, February 27, 2024, and Wednesday, February 28, 2024, from 8 a.m. to 5 p.m. eastern standard time (EST). Please note that the meeting will close early if the TMAC has completed its business. ADDRESSES: The meeting will be held inperson at 400 C Street SW, Washington, DC 20472 and virtually using the following Microsoft Teams Video Communications link (Tuesday Link: https://tinyurl.com/y2wt72by; Wednesday Link: https://tinyurl.com/ r58zen9e). Members of the public who wish to attend the in-person or virtual meeting must register in advance by sending an email to FEMA-TMAC@ fema.dhs.gov (Attn: Brian Koper) by 5 p.m. EST on Friday, February 23, 2024. To facilitate public participation, members of the public are invited to provide written comments on the issues to be considered by the TMAC, as listed in the SUPPLEMENTARY INFORMATION caption below. Associated meeting materials will be available upon request after Wednesday, February 21, 2024. To receive a copy of any relevant materials, please send the request to: FEMATMAC@fema.dhs.gov (Attn: Brian Koper). Written comments to be considered by the committee at the time of the meeting must be submitted and received by Thursday, February 22, 2024, 5 p.m. EST identified by Docket ID FEMA–2014–0022, and submitted by the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. • Email: Address the email to FEMATMAC@fema.dhs.gov. Include the docket number in the subject line of the message. Include name and contact information in the body of the email. Instructions: All submissions received must include the words ‘‘Federal Emergency Management Agency’’ and the docket number for this action. Comments received will be posted without alteration at https:// www.regulations.gov, including any personal information provided. You may wish to review the Privacy and Security Notice via a link on the homepage of https:// www.regulations.gov. Docket: For docket access to read background documents or comments received by the TMAC, go to https:// www.regulations.gov and search for the Docket ID FEMA–2014–0022. A public comment period will be held on Tuesday, February 27, 2024, from 3:30 p.m. to 4 p.m. EST and Wednesday, February 28, 2024, from 12 p.m. to 12:30 p.m. EST. The public comment period ddrumheller on DSK120RN23PROD with NOTICES1 DATES: VerDate Sep<11>2014 17:38 Dec 28, 2023 Jkt 262001 will not exceed 30 minutes. Please note that the public comment period may end before the time indicated, following the last call for comments. Contact the individual listed below to register as a speaker by Monday, February 26, 2024, 5 p.m. EST. Please be prepared to submit a written version of your public comment. FEMA is committed to ensuring all participants have equal access regardless of disability status. If you require reasonable accommodation to fully participate due to a disability, please contact the individual listed in the FOR FURTHER INFORMATION CONTACT caption as soon as possible. FOR FURTHER INFORMATION CONTACT: Brian Koper, Designated Federal Officer for the TMAC, FEMA, 400 C Street SW, Washington, DC 20472, telephone 202– 646–3085, and email brian.koper@ fema.dhs.gov. The TMAC website is: https://www.fema.gov/flood-maps/ guidance-partners/technical-mappingadvisory-council. SUPPLEMENTARY INFORMATION: Notice of this meeting is given under the Federal Advisory Committee Act, Pub. L. 117– 286, 5 U.S.C. ch. 10. In accordance with the Biggert-Waters Flood Insurance Reform Act of 2012, the TMAC makes recommendations to the FEMA Administrator on: (1) how to improve, in a cost-effective manner, the (a) accuracy, general quality, ease of use, and distribution and dissemination of flood insurance rate maps and risk data; and (b) performance metrics and milestones required to effectively and efficiently map flood risk areas in the United States; (2) mapping standards and guidelines for (a) flood insurance rate maps, and (b) data accuracy, data quality, data currency, and data eligibility; (3) how to maintain, on an ongoing basis, flood insurance rate maps and flood risk identification; (4) procedures for delegating mapping activities to State and local mapping partners; and (5) (a) methods for improving interagency and intergovernmental coordination on flood mapping and flood risk determination, and (b) a funding strategy to leverage and coordinate budgets and expenditures across Federal agencies. Furthermore, the TMAC is required to submit an annual report to the FEMA Administrator that contains: (1) a description of the activities of the Council; (2) an evaluation of the status and performance of flood insurance rate maps and mapping activities to revise and update Flood Insurance Rate Maps; and (3) a summary of recommendations made by the Council to the FEMA Administrator. PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 90195 Agenda: The purpose of this meeting is for the TMAC members to discuss and vote on the content of the 2023 TMAC Annual Report. Any related materials will be available upon request prior to the meeting to provide the public with an opportunity to review the materials. The full agenda and related meeting materials will be available upon request by Wednesday, February 21, 2024. To receive a copy of any relevant materials, please send the request to: FEMATMAC@fema.dhs.gov (Attn: Brian Koper). Nicholas A. Shufro, Deputy Assistant Administrator, Risk Analysis, Planning & Information Directorate, Resilience, Federal Emergency Management Agency. [FR Doc. 2023–28748 Filed 12–28–23; 8:45 am] BILLING CODE 9110–12–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS–R8–ES–2023–0191; FXES11140800000–234–FF08ESMF00] Endangered and Threatened Wildlife and Plants; Draft Habitat Conservation Plan and Draft Environmental Assessment; Sacramento Municipal Utility District Operations, Maintenance, and New Construction Habitat Conservation Plan, Sacramento County, CA Fish and Wildlife Service, Interior. ACTION: Notice of availability; request for comments. AGENCY: We, the Fish and Wildlife Service (Service), announce receipt of an application from Sacramento Municipal Utility District (applicant) for an incidental take permit (permit) under the Endangered Species Act and an accompanying draft habitat conservation plan (plan). We also announce the availability of a draft environmental assessment pursuant to the National Environmental Policy Act. We request public comment on the application, which includes the applicant’s proposed plan, and the Service’s draft environmental assessment. We invite comment from the public and local, State, Tribal, and Federal agencies. DATES: We must receive your written comments on or before January 29, 2024. ADDRESSES: Obtaining Documents: The documents this notice announces, as well as any comments and other materials that we SUMMARY: E:\FR\FM\29DEN1.SGM 29DEN1 ddrumheller on DSK120RN23PROD with NOTICES1 90196 Federal Register / Vol. 88, No. 249 / Friday, December 29, 2023 / Notices receive, will be available for public inspection online in Docket No. FWS– R8–ES–2023–0191 at https:// www.regulations.gov. Submitting Comments: If you wish to submit comments on any of the documents, you may do so in writing by any of the following methods: • Online: https:// www.regulations.gov. Follow the instructions for submitting comments on Docket No. FWS–R8–ES–2023–0191. • U.S. mail: Public Comments Processing; Attn: Docket No. FWS–R8– ES–2023–0191; U.S. Fish and Wildlife Service; MS: PRB/3W; 5275 Leesburg Pike; Falls Church, VA 22041–3803. FOR FURTHER INFORMATION CONTACT: Ian Perkins-Taylor, Fish and Wildlife Biologist, ian_perkins-taylor@fws.gov (by email), or at the Sacramento Fish and Wildlife office (by telephone at 916–414–6585). Individuals in the United States who are deaf, deafblind, hard of hearing, or have a speech disability may dial 711 (TTY, TDD, or TeleBraille) to access telecommunications relay services. Individuals outside the United States should use the relay services offered within their country to make international calls to the point-ofcontact in the United States. SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service (Service), announce receipt of an application from Sacramento Municipal Utility District (SMUD; applicant) for a 30-year Permit under the Endangered Species Act of 1973, as amended (Act; 16 U.S.C. 1531 et seq.). In support of the application, the applicant prepared a draft habitat conservation plan (plan) pursuant to section 10(a)(1)(B) of the Act. The plan includes seven covered species that are all federally listed as threatened or endangered under the Act. These species comprise five animals and two plants: California tiger salamander (Ambystoma californiense) Central California distinct population segment; giant garter snake (Thamnophis gigas); valley elderberry longhorn beetle (Desmocerus californicus dimorphus); vernal pool fairy shrimp (Branchinecta lynchi); vernal pool tadpole shrimp (Lepidurus packardi); Sacramento Orcutt grass (Orcuttia viscida); and slender Orcutt grass (Orcuttia tenuis). The plan also includes a conservation strategy to avoid, minimize, and mitigate for covered activities. The applicant requests the permit for incidental take of the five covered animal species incidental to the applicant’s ongoing operations and maintenance activities for the applicant’s energy infrastructure in VerDate Sep<11>2014 17:38 Dec 28, 2023 Jkt 262001 Sacramento County and surrounding areas, as well as new construction activities associated with providing energy to its users in Sacramento County, California. Background Section 9 of the Act prohibits ‘‘take’’ of fish and wildlife species listed as endangered (16 U.S.C. 1538), where take is defined to include the following activities: ‘‘to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct’’ (16 U.S.C. 1532). Under section 10(a)(1)(B) of the Act (16 U.S.C. 1539(a)(1)(B)), we may issue permits to authorize take of listed fish and wildlife species that is incidental to, and not the purpose of, carrying out an otherwise lawful activity. Regulations governing incidental take permits for endangered and threatened species are in the Code of Federal Regulations (CFR) at 50 CFR 17.22 and 17.32, respectively. Issuance of a permit also must not jeopardize the existence of federally listed fish, wildlife, or plant species. The permittee would receive assurances under our ‘‘No Surprises’’ regulations (50 CFR 17.22(b)(5) and 17.32(b)(5)). Applicant’s Proposed Activities As described in the applicant’s draft plan, the applicant is proposing to conduct various activities necessary for the ongoing operations and maintenance of the applicant’s energy infrastructure in Sacramento County and surrounding areas, as well as some construction of new energy infrastructure to replace or supplement the existing infrastructure. All seven covered species have known occurrences and suitable habitat present within or near the locations where these activities would occur. Therefore, take of the five covered animal species and adverse effects to the two covered plant species could occur in association with the proposed activities. The plan includes a conservation strategy to avoid, minimize, and mitigate impacts to covered species from the proposed activities. Avoidance and minimization measures for the covered species will reduce the impacts to covered species, and the applicant will mitigate for the remaining unavoidable impacts. National Environmental Policy Act Compliance The draft environmental assessment was prepared to analyze the impacts of issuing a permit based on the 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 PO 00000 Frm 00033 Fmt 4703 Sfmt 9990 need for compliance with the National Environmental Policy Act. The proposed action presented in the draft environmental assessment is compared to the no-action alternative. The noaction alternative represents estimated future conditions to which the proposed action’s estimated future conditions can be compared. The Service also considered eight other alternatives, but these were eliminated from further consideration because they did not meet the purpose and need of the proposed action or the applicant’s objectives. Next Steps The Service will evaluate the application and the comments received to determine whether to issue the requested permit. We will also conduct an intra-Service consultation pursuant to section 7 of the Act to evaluate the effects of the proposed take. After considering the preceding and other matters, we will determine whether the permit issuance criteria of section 10(a)(1)(B) of the Act have been met. If met, the Service will issue the permit. Public Availability of Comments 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 view, we cannot guarantee that we will be able to do so. Authority The Service provides this notice under section 10(c) of the Endangered Species Act (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 1500–1508) and the Department of the Interior’s National Environmental Policy Act regulations (43 CFR 46). Michael Fris, Field Supervisor, Sacramento Fish and Wildlife Office, Sacramento, California. [FR Doc. 2023–28719 Filed 12–28–23; 8:45 am] BILLING CODE 4333–15–P E:\FR\FM\29DEN1.SGM 29DEN1

Agencies

[Federal Register Volume 88, Number 249 (Friday, December 29, 2023)]
[Notices]
[Pages 90195-90196]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28719]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2023-0191; FXES11140800000-234-FF08ESMF00]


Endangered and Threatened Wildlife and Plants; Draft Habitat 
Conservation Plan and Draft Environmental Assessment; Sacramento 
Municipal Utility District Operations, Maintenance, and New 
Construction Habitat Conservation Plan, Sacramento County, CA

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comments.

-----------------------------------------------------------------------

SUMMARY: We, the Fish and Wildlife Service (Service), announce receipt 
of an application from Sacramento Municipal Utility District 
(applicant) for an incidental take permit (permit) under the Endangered 
Species Act and an accompanying draft habitat conservation plan (plan). 
We also announce the availability of a draft environmental assessment 
pursuant to the National Environmental Policy Act. We request public 
comment on the application, which includes the applicant's proposed 
plan, and the Service's draft environmental assessment. We invite 
comment from the public and local, State, Tribal, and Federal agencies.

DATES: We must receive your written comments on or before January 29, 
2024.

ADDRESSES: 
    Obtaining Documents: The documents this notice announces, as well 
as any comments and other materials that we

[[Page 90196]]

receive, will be available for public inspection online in Docket No. 
FWS-R8-ES-2023-0191 at https://www.regulations.gov.
    Submitting Comments: If you wish to submit comments on any of the 
documents, you may do so in writing by any of the following methods:
     Online: https://www.regulations.gov. Follow the 
instructions for submitting comments on Docket No. FWS-R8-ES-2023-0191.
     U.S. mail: Public Comments Processing; Attn: Docket No. 
FWS-R8-ES-2023-0191; U.S. Fish and Wildlife Service; MS: PRB/3W; 5275 
Leesburg Pike; Falls Church, VA 22041-3803.

FOR FURTHER INFORMATION CONTACT: Ian Perkins-Taylor, Fish and Wildlife 
Biologist, [email protected] (by email), or at the Sacramento 
Fish and Wildlife office (by telephone at 916-414-6585). Individuals in 
the United States who are deaf, deafblind, hard of hearing, or have a 
speech disability may dial 711 (TTY, TDD, or TeleBraille) to access 
telecommunications relay services. Individuals outside the United 
States should use the relay services offered within their country to 
make international calls to the point-of-contact in the United States.

SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service 
(Service), announce receipt of an application from Sacramento Municipal 
Utility District (SMUD; applicant) for a 30-year Permit under the 
Endangered Species Act of 1973, as amended (Act; 16 U.S.C. 1531 et 
seq.). In support of the application, the applicant prepared a draft 
habitat conservation plan (plan) pursuant to section 10(a)(1)(B) of the 
Act. The plan includes seven covered species that are all federally 
listed as threatened or endangered under the Act. These species 
comprise five animals and two plants: California tiger salamander 
(Ambystoma californiense) Central California distinct population 
segment; giant garter snake (Thamnophis gigas); valley elderberry 
longhorn beetle (Desmocerus californicus dimorphus); vernal pool fairy 
shrimp (Branchinecta lynchi); vernal pool tadpole shrimp (Lepidurus 
packardi); Sacramento Orcutt grass (Orcuttia viscida); and slender 
Orcutt grass (Orcuttia tenuis). The plan also includes a conservation 
strategy to avoid, minimize, and mitigate for covered activities. The 
applicant requests the permit for incidental take of the five covered 
animal species incidental to the applicant's ongoing operations and 
maintenance activities for the applicant's energy infrastructure in 
Sacramento County and surrounding areas, as well as new construction 
activities associated with providing energy to its users in Sacramento 
County, California.

Background

    Section 9 of the Act prohibits ``take'' of fish and wildlife 
species listed as endangered (16 U.S.C. 1538), where take is defined to 
include the following activities: ``to harass, harm, pursue, hunt, 
shoot, wound, kill, trap, capture, or collect, or to attempt to engage 
in any such conduct'' (16 U.S.C. 1532). Under section 10(a)(1)(B) of 
the Act (16 U.S.C. 1539(a)(1)(B)), we may issue permits to authorize 
take of listed fish and wildlife species that is incidental to, and not 
the purpose of, carrying out an otherwise lawful activity. Regulations 
governing incidental take permits for endangered and threatened species 
are in the Code of Federal Regulations (CFR) at 50 CFR 17.22 and 17.32, 
respectively. Issuance of a permit also must not jeopardize the 
existence of federally listed fish, wildlife, or plant species. The 
permittee would receive assurances under our ``No Surprises'' 
regulations (50 CFR 17.22(b)(5) and 17.32(b)(5)).

Applicant's Proposed Activities

    As described in the applicant's draft plan, the applicant is 
proposing to conduct various activities necessary for the ongoing 
operations and maintenance of the applicant's energy infrastructure in 
Sacramento County and surrounding areas, as well as some construction 
of new energy infrastructure to replace or supplement the existing 
infrastructure. All seven covered species have known occurrences and 
suitable habitat present within or near the locations where these 
activities would occur. Therefore, take of the five covered animal 
species and adverse effects to the two covered plant species could 
occur in association with the proposed activities. The plan includes a 
conservation strategy to avoid, minimize, and mitigate impacts to 
covered species from the proposed activities. Avoidance and 
minimization measures for the covered species will reduce the impacts 
to covered species, and the applicant will mitigate for the remaining 
unavoidable impacts.

National Environmental Policy Act Compliance

    The draft environmental assessment was prepared to analyze the 
impacts of issuing a permit based on the 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 the National 
Environmental Policy Act. The proposed action presented in the draft 
environmental assessment 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. The 
Service also considered eight other alternatives, but these were 
eliminated from further consideration because they did not meet the 
purpose and need of the proposed action or the applicant's objectives.

Next Steps

    The Service will evaluate the application and the comments received 
to determine whether to issue the requested permit. We will also 
conduct an intra-Service consultation pursuant to section 7 of the Act 
to evaluate the effects of the proposed take. After considering the 
preceding and other matters, we will determine whether the permit 
issuance criteria of section 10(a)(1)(B) of the Act have been met. If 
met, the Service will issue the permit.

Public Availability of Comments

    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 view, we cannot guarantee that we will be able 
to do so.

Authority

    The Service provides this notice under section 10(c) of the 
Endangered Species Act (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 1500-1508) and the Department of the Interior's National 
Environmental Policy Act regulations (43 CFR 46).

Michael Fris,
Field Supervisor, Sacramento Fish and Wildlife Office, Sacramento, 
California.
[FR Doc. 2023-28719 Filed 12-28-23; 8:45 am]
BILLING CODE 4333-15-P

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