Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for the Aramis Solar Energy Generation and Storage Project, Alameda County, CA; Availability of Draft Environmental Assessment, 2972-2975 [2024-00755]
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Federal Register / Vol. 89, No. 11 / Wednesday, January 17, 2024 / Notices
Environmental Policy Act (NEPA)
regulations, the Department of the
Interior’s (DOI) NEPA regulations, and
the DOI Departmental Manual. To make
this preliminary determination, we
prepared a draft environmental action
statement and low-effect screening form,
both of which are also available for
public review. We invite comment from
the public and local, State, Tribal, and
Federal agencies.
DATES: We must receive your written
comments on or before February 16,
2024.
ADDRESSES:
Obtaining Documents: 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–
R4–ES–2023–0247 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
one of the following methods:
• Online: https://
www.regulations.gov. Follow the
instructions for submitting comments
on Docket No. FWS–R4–ES–2023–0247.
• U.S. mail: Public Comments
Processing, Attn: Docket No. FWS–R4–
ES–2023–0247; U.S. Fish and Wildlife
Service, MS: PRB/3W, 5275 Leesburg
Pike, Falls Church, VA 22041–3803.
FOR FURTHER INFORMATION CONTACT:
Alfredo Begazo, by telephone at 772–
469–4234 or via email at alfredo_
begazo@fws.gov. 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
Fish and Wildlife Service (Service),
announce receipt of an application from
St. John Methodist Church of Sebring
Inc. (applicant) for an incidental take
permit (ITP) under the Endangered
Species Act of 1973, as amended (ESA;
16 U.S.C. 1531 et seq.). The applicant
requests the ITP to take the federally
listed sand skink (Neoseps reynoldsi)
and blue-tailed mole-skink (Eumeces
egregius lividus) (skinks) incidental to
the construction and operation of a
church in Highlands County, Florida.
We request public comment on the
application, which includes the
applicant’s proposed habitat
conservation plan (HCP), and on the
Service’s preliminary determination that
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this proposed ITP qualifies as low effect,
and may qualify for a categorical
exclusion pursuant to the Council on
Environmental Quality’s National
Environmental Policy Act (NEPA)
regulations (40 CFR 1501.4), the
Department of the Interior’s (DOI) NEPA
regulations (43 CFR 46), and the DOI’s
Departmental Manual (516 DM
8.5(C)(2)). To make this preliminary
determination, we prepared a draft
environmental action statement and
low-effect screening form, both of which
are also available for public review.
Proposed Project
The applicant requests a 5-year ITP to
take skinks via the conversion of
approximately 1.33 acres (ac) of
occupied nesting, foraging, and
sheltering skink habitat incidental to the
construction and operation of a church
on a 16.33-ac parcel in Section 22,
Township 34 South, Range 28 East,
Highlands County, Florida. The
applicant proposes to mitigate for take
of the skinks by purchasing credits
equivalent to 2.66 ac of skink-occupied
habitat from a Service-approved
conservation bank. The Service would
require the applicant to purchase the
credits prior to engaging in any
construction phase of the project.
Our Preliminary Determination
The Service has made a preliminary
determination that the applicant’s
project, including the construction of a
church, driveways, parking spaces,
green areas, stormwater pond, and
associated infrastructure (e.g., electric,
water, and sewer lines), would
individually and cumulatively have a
minor effect on the skinks and the
human environment. Therefore, we
have preliminarily determined that the
proposed ESA section 10(a)(1)(B) permit
would be a ‘‘low-effect’’ ITP that
individually or cumulatively would
have a minor effect on the sand skink
and may qualify for application of a
categorical exclusion pursuant to the
Council on Environmental Quality’s
NEPA regulations, DOI’s NEPA
regulations, and the DOI Departmental
Manual. A low-effect incidental take
permit is one that would result in (1)
minor or nonsignificant effects on
species covered in the HCP; (2)
nonsignificant effects on the human
environment; and (3) impacts that,
when added together with the impacts
of other past, present, and reasonably
foreseeable actions, would not result in
significant cumulative effects to the
human environment.
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Next Steps
The Service will evaluate the
application and the comments to
determine whether to issue the
requested permit. We will also conduct
an intra-Service consultation pursuant
to section 7 of the ESA 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 ESA have been met. If
met, the Service will issue ITP number
PER5348829 to St. John Methodist
Church of Sebring Inc.
Public Availability of Comments
Before including your address, phone
number, email address, or other
personal identifying information in your
comment, be aware that your entire
comment, including your personal
identifying information, may be made
available to the public. While you may
request that we withhold your personal
identifying information, 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
17.32) and the National Environmental
Policy Act (42 U.S.C. 4321 et seq.) and
its implementing regulations (40 CFR
1500–1508 and 43 CFR 46).
Robert L. Carey,
Division Manager, Environmental Review,
Florida Ecological Services Office.
[FR Doc. 2024–00751 Filed 1–16–24; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS–R8–ES–2023–0055;
FF08ESMF00–FXES11140800000–234]
Receipt of Incidental Take Permit
Application and Proposed Habitat
Conservation Plan for the Aramis Solar
Energy Generation and Storage
Project, Alameda County, CA;
Availability of Draft Environmental
Assessment
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability of permit
application; request for comment.
AGENCY:
We, the U.S. Fish and
Wildlife Service, announce the
availability of a draft environmental
assessment under the National
Environmental Policy Act (NEPA) for an
SUMMARY:
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incidental take permit (ITP) under the
Endangered Species Act (ESA),
supported by a draft habitat
conservation plan (draft HCP). IP
Aramis, LLC (applicant) has applied for
an ITP under the ESA for the Aramis
Solar Energy Generation and Storage
Project in Alameda County, California.
The requested ITP, which would be in
effect for a period of 32 years, if granted,
would authorize incidental take of the
federally threatened California redlegged frog, federally threatened Central
Distinct Population Segment of the
California tiger salamander (Central
California tiger salamander), federally
endangered San Joaquin kit fox, Federal
candidate monarch butterfly, and nonlisted golden eagle, which is protected
under the Bald and Golden Eagle
Protection Act (Eagle Act). We invite the
public and local, State, Tribal, and
Federal agencies to comment on the
application. Before issuing the
requested permit, we will take into
consideration any information that we
receive during the public comment
period.
We must receive your written
comments on or before February 16,
2024.
DATES:
ADDRESSES:
Obtaining Documents: The draft
environmental assessment, draft HCP,
and any comments and other materials
that we receive are available for public
inspection at https://
www.regulations.gov in Docket No.
FWS–R8–ES–2023–0055.
Submitting Comments: To submit
comments, please use one of the
following methods, and note that your
information requests or comments are in
reference to the draft environmental
assessment, draft HCP, or both.
• Internet: Submit comments at
https://www.regulations.gov under
Docket No. FWS–R8–ES–2023–0055.
• U.S. Mail: Public Comments
Processing, Attn: Docket No. FWS–R8–
ES–2023–0055; U.S. Fish and Wildlife
Service Headquarters, MS: PRB/3W;
5275 Leesburg Pike; Falls Church, VA
22041–3803.
For more information, see Public
Comments and Public Availability of
Comments, under SUPPLEMENTARY
INFORMATION.
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FOR FURTHER INFORMATION CONTACT:
Joseph Terry, Senior Fish and Wildlife
Biologist, or Ryan Olah, Supervisor,
Coast Bay Division, Fish and Wildlife
Service, Sacramento Fish and Wildlife
Office, by phone at 916–414–6600.
Individuals in the United States who are
deaf, deafblind, hard of hearing, or have
a speech disability may dial 711 (TTY,
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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 the availability of a draft
environmental assessment, 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. This notice also announces the
receipt of an application from IP
Aramis, LLC (applicant) for a 32-year
incidental take permit (ITP) under the
Endangered Species Act of 1973, as
amended (ESA; 16 U.S.C. 1531 et seq.).
Application for the permit requires the
preparation of a habitat conservation
plan (HCP) with measures to avoid,
minimize, and mitigate the impacts of
incidental take to the maximum extent
practicable. The applicant prepared the
draft Aramis Solar Energy Generation
and Storage Project Habitat
Conservation Plan (draft HCP) pursuant
to section 10(a)(1)(B) of the ESA. The
purpose of the draft environmental
assessment is to assess the effects of
issuing the permit and implementing
the draft HCP on the natural and human
environment. The Eagle Act (16 U.S.C.
668–668d and 50 CFR 22.80) regulations
at 50 CFR 22.10 allow the Service to
cover eagles under an HCP Section
10(a)(1)(B) ITP. Accordingly, the HCP
was written to meet the requirements for
the Service to issue the permit under
ESA Section 10 and the Eagle Act.
Criteria for issuance of an eagle permit
are codified in 50 CFR 22.80(f).
Background
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, including the Central
California tiger salamander and
California red-legged frog, 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/service/habitatconservation-plans.
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National Environmental Policy Act
Compliance
The proposed ITP issuance triggers
the need for NEPA compliance (42
U.S.C. 4321 et seq.). The draft
environmental assessment was prepared
to analyze the impacts of issuing an ITP
based on the draft HCP and to inform
the public of the proposed action, any
alternatives, and associated impacts,
and to disclose any irreversible
commitments of resources.
Proposed Action Alternative
Under the Proposed Action
Alternative, the Service would issue an
ITP to the applicant for a period of 32
years for certain covered activities
(described below). The applicant has
requested an ITP for three federally
listed species, one Federal candidate
species, and one non-listed species
protected by the Eagle Act (described
below).
Habitat Conservation Plan Area
The geographic scope of the draft HCP
encompasses a 398-acre (ac) project
permit area and a 453-ac mitigation
permit area. The project permit area
comprises an approximately 398-ac site
where the power-generating facilities
and battery energy storage system would
be constructed in the unincorporated
North Livermore area of Alameda
County, California, approximately 2.25
miles north of the Livermore city limits
and Interstate 580. The project permit
area is bounded by Manning Road to the
north, North Livermore Avenue to the
east, and a private driveway to the
south. The mitigation permit area is a
453-ac site located at Vieira Ranch,
south of Patterson Pass Road and north
of Tesla Road, in unincorporated eastern
Alameda County, California.
Eagle Act Compensatory Mitigation
Retrofitting power poles with a high
risk of avian electrocution in accordance
with Avian Power Line Interaction
Committee guidelines is the only form
of compensatory mitigation that enables
benefits to golden eagles to be
quantified with reasonable certainty at
this time. High-risk poles would be
retrofitted within the eagle management
unit. To offset the predicted loss of
golden eagle productivity due to
disturbance take and loss of breeding
productivity to one breeding territory in
the vicinity of the project permit area
and the disturbance of one breeding
territory during two breeding seasons at
the mitigation permit area, the applicant
would need to retrofit approximately
129 to 298 power poles to offset 8.26
fledged young lost at a 1.2:1 ratio. The
final power pole number depends on
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the type and expected longevity of each
retrofit. Short-term retrofits that use
plastic covers equate to avoided loss
from retrofits that is maintained and
effective for up to 10 years, which
would require more poles. Long-term
retrofits where avoided loss from
retrofits is maintained and effective for
up to 30 years require fewer poles. To
complete the required compensatory
mitigation, the applicant would either
work directly with a utility company to
complete the required power pole
retrofits, with Service approval of the
developed plan, or the applicant would
work with a Service-approved in-lieu
fee program to purchase credits to fulfill
the required retrofits that must be
completed. The draft HCP contains
details of the analysis conducted to
estimate the number of power pole
retrofits required for compensatory
mitigation.
To address the high cumulative
impacts on golden eagle populations in
this area, primarily due to mortality
from wind turbines in the Altamont
Pass Wind Resource Area, severe
drought, and urban development, the
applicant’s proposed off-site 453-ac
habitat mitigation area includes a
known golden eagle nest site and
overlaps in part with one golden eagle
breeding territory. This nest site and the
mitigation lands would be protected and
managed to benefit golden eagles as
described in the draft HCP.
Covered Activities
The proposed ESA section 10 ITP
would allow take of the California redlegged frog, Central California tiger
salamander, San Joaquin kit fox,
monarch butterfly, and golden eagle
from covered activities in the proposed
HCP area, including all grounddisturbing activities and impacts from
construction, operation and
maintenance activities, and site
decommissioning or repowering of the
project, as well as activities necessary to
implement management actions at the
mitigation permit area. Covered
activities at the 398-ac project permit
area include all ground-disturbing
activities and impacts from
construction, including: (1) site access,
staging, and preparation, including
development of access roads, internal
project area roads, parking areas, and
equipment staging areas, as well as
limited excavation activities for utility
poles and building foundations; (2)
installation of a 100-megawatt solar
photovoltaic and electrical collection
system, including solar arrays, fencing,
and utility lines; (3) installation of a
project substation and generation
intertie line occupying a 5,000 square
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foot area, and utility lines; (4)
installation of a battery energy storage
system occupying a 5-ac portion of the
project permit area; (5) construction of
an operation and maintenance (O&M)
building and electrical controls
occupying approximately 400 squarefeet of the project permit area; (6)
construction of project entrances and
internal driveways to provide access for
routine maintenance of the system; (7)
installation of fences, lighting, and
signage designed to enable passage of
covered species while keeping the
project area secure; (8) construction of a
detention basin approximately 0.4 ac in
size, designed to avoid water ponding,
prevent the discharge of off-site
stormwater runoff, allow for onsite
infiltration within 48 hours (the basin
would be routinely maintained to
remove vegetative growth); (9)
installation of water storage tanks onsite
for fire suppression for the battery
energy storage system, use for O&M
activities, and to maintain proposed
landscaping and vegetation; (10)
installation of a agricultural landscaping
buffer as a visual screen (i.e., buffer) to
neighboring properties; (11) O&M
activities, including routine
preventative maintenance conducted by
O&M staff and supported by outside
contractors; (12) a sustainable
agriculture program that consists of
grassland management, sheep grazing,
chicken rearing, beekeeping, and an
agricultural landscaping buffer; and (13)
restoration and management of
grassland habitat at the project permit
area. Covered activities at the 453-ac
mitigation permit area include
installation and maintenance of fencing,
cattle grazing, maintenance of ponds or
impoundments, mowing, controlled
burning, erosion control or repair,
invasive species control, fire
management, monitoring, and plantings
for covered species. The applicant is
proposing to implement a number of
best management practices, as well as
general and species-specific avoidance
and minimization measures to minimize
the impacts of the covered activities on
the covered species.
Covered Species
The applicant has requested an ITP
for two federally listed threatened
species, one federally listed endangered
species, one Federal candidate species,
and one non-listed species protected by
the Eagle Act: the threatened California
red-legged frog (Rana draytonii), the
threatened Central California Distinct
Population Segment of the California
tiger salamander (Ambystoma
californiense) (Central California tiger
salamander), the endangered San
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Joaquin kit fox (Vulpes macrotis
mutica), the candidate monarch
butterfly (Danaus plexippus), and the
non-listed golden eagle (Aquila
chrysaetos). All species included in the
ITP would receive assurances under the
Service’s ‘‘No Surprises’’ regulations at
50 CFR 17.22(b)(5).
No Action Alternative
Under the No Action Alternative, the
Service would not issue an ITP, and the
HCP would not be implemented. Permit
denial would prevent the applicant from
proceeding with the covered activities
because there would be no other
alternative means of complying with the
ESA and Eagle Act. Under the No
Action Alternative there would be no
take of federally listed species, monarch
butterflies, or golden eagles, and
permanent protection of habitat for
federally listed species, monarch
butterflies, and the golden eagle at
Vieira Ranch would not occur. The
retrofit of power poles would also not
occur. Under the No Action Alternative,
agricultural uses (dry-land farming and
grazing) would continue at the project
site, and a new source of renewable
solar energy would not be available to
public utilities, municipal utilities, or
private consumers.
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
environmental assessment, and the draft
HCP. 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
area and their possible impacts on the
species;
5. Information on the seasonal use of
the mitigation permit area by the
monarch butterfly;
6. Information on establishing a
monitoring program for the monarch
butterfly at the mitigation permit area to
inform adaptive management for the
benefit of the species;
7. Information on how to enhance,
restore, and adaptively manage breeding
and nectar habitat for the monarch
butterfly at the mitigation permit area
while maintaining cattle grazing
throughout the mitigation permit area to
enhance upland refugia and dispersal
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habitat for the Central California tiger
salamander and California red-legged
frog, denning and dispersal habitat for
the San Joaquin kit fox, and foraging
habitat for the golden eagle;
8. Information on how to incorporate
climate change into an adaptive
management plan at the mitigation
permit area for the benefit of the Central
California tiger salamander, California
red-legged frog, San Joaquin kit fox,
monarch butterfly, and golden eagle;
9. Information on the effects of
photovoltaic solar panels on annual
grassland habitat quality, burrowing
mammal activity, amphibians (e.g.,
Central California tiger salamander and
California red-legged frog), pollinators
(e.g., monarch butterfly and Crotch’s
bumble bee), golden eagles, and
microclimatic effects underneath the
solar panels;
10. Information on the effects of sheep
grazing and chicken rearing on
pollinators (e.g., monarch butterfly and
Crotch’s bumble bee), amphibians (e.g.,
Central California tiger salamander and
California red-legged frog), and golden
eagles;
11. 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
12. Any other environmental issues
that should be considered with regard to
the proposed development and permit
action.
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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 incidental take permit
is a Federal proposed action subject to
compliance with NEPA and section 7 of
the ESA. We will evaluate the
application, associated documents, and
any public comments we receive as part
of our NEPA compliance process to
determine whether the application
meets the requirements of section 10(a)
of the ESA. If we determine that those
requirements are met, we will conduct
an intra-Service consultation under
section 7 of the ESA for the Federal
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action for the potential issuance of an
ITP. If the intra-Service consultation
confirms that issuance of the ITP will
not jeopardize the continued existence
of any endangered or threatened
species, or destroy or adversely modify
critical habitat, we will issue a permit
to the applicant for the incidental take
of the covered species.
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 1500–1508, as well as in
compliance with section 10(c) of the
Endangered Species Act (16 U.S.C. 1531
et seq.) and its implementing
regulations at 50 CFR 17.32(b)(1) (ii),
and the Eagle Act (16 U.S.C. 668–668d
and 50 CFR 22.80) regulations at 50 CFR
22.10 which allow the Service to cover
eagles under an HCP Section 10(a)(1)(B)
ITP. Criteria for issuance of an eagle
permit are codified in 50 CFR 22.80(f).
Michael Fris,
Field Supervisor, Sacramento Fish and
Wildlife Office.
[FR Doc. 2024–00755 Filed 1–16–24; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R2–ES–2023–0230;
FXES1114020000–245–FF02ENEH00]
Application for an Amendment to an
Incidental Take Permit; Cibolo Canyon
Master Phase II Environmental
Assessment and Habitat Conservation
Plan for the Golden-Cheeked Warbler
in Bexar County, Texas
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability; request
for comments.
AGENCY:
TF Cibolo Canyons, LP
(applicant) has applied to the U.S. Fish
and Wildlife Service (Service) for an
amendment to their existing incidental
take permit (ITP) supported by the
proposed amendment to the Habitat
Conservation Plan for a portion of the
Cibolo Canyon Property (Master Phase
II) (HCP) pursuant to the Endangered
Species Act. The requested amendment
to the ITP, if approved, would continue
authorization of incidental take of the
golden-cheeked warbler (Setophaga
chrysoparia). The application package
includes the proposed changes to the
HCP and a draft screening form that has
been prepared to evaluate the ITP
application in accordance with the
SUMMARY:
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2975
requirements of the National
Environmental Policy Act. We invite the
public and local, State, Tribal, and
Federal agencies to comment on these
documents.
Submission of comments: We
will accept comments received or
postmarked on or before February 16,
2024.
DATES:
ADDRESSES:
Obtaining documents: You may
obtain copies of the ITP amendment
application, proposed revisions to the
HCP, draft screening form, or other
related documents online in Docket No.
FWS–R2–ES–2023–0230 at https://
www.regulations.gov. Other related
information may be obtained online at
https://www.fws.gov/library/collections/
texas-habitat-conservation-plans.
Submitting comments: You may
submit written comments by one of the
following methods:
• Internet: https://
www.regulations.gov. Search for and
submit comments on Docket No. FWS–
R2–ES–2023–0230; or
• U.S. mail: Public Comments
Processing, Attn: Docket No. FWS–R2–
ES–2023–0230; U.S. Fish and Wildlife
Service, MS: PRB/3W, 5275 Leesburg
Pike, Falls Church, VA 22041–3803.
Please note which documents your
comment references. For more
information, see Public Availability of
Comments.
FOR FURTHER INFORMATION CONTACT:
Karen Myers, Field Supervisor, Austin
Ecological Services Field Office, Austin,
Texas; telephone (512) 937–7371.
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),
have received and make available a
proposed amendment to the Habitat
Conservation Plan for a portion of the
Cibolo Canyon Property (Master Phase
II) (HCP) in Bexar County, Texas, and an
associated draft screening form. TF
Cibolo Canyons, LP (applicant) has
applied for an amended incidental take
permit (ITP) (TE102437–0) supported by
the proposed amendment to their HCP.
If approved, the amended permit would
continue for the remainder of the 30
years of the original permit to authorize
incidental take of the federally listed,
endangered golden-cheeked warbler
E:\FR\FM\17JAN1.SGM
17JAN1
]]>Agencies
[Federal Register Volume 89, Number 11 (Wednesday, January 17, 2024)]
[Notices]
[Pages 2972-2975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00755]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS-R8-ES-2023-0055; FF08ESMF00-FXES11140800000-234]
Receipt of Incidental Take Permit Application and Proposed
Habitat Conservation Plan for the Aramis Solar Energy Generation and
Storage Project, Alameda County, CA; Availability of Draft
Environmental Assessment
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability of permit application; request for
comment.
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SUMMARY: We, the U.S. Fish and Wildlife Service, announce the
availability of a draft environmental assessment under the National
Environmental Policy Act (NEPA) for an
[[Page 2973]]
incidental take permit (ITP) under the Endangered Species Act (ESA),
supported by a draft habitat conservation plan (draft HCP). IP Aramis,
LLC (applicant) has applied for an ITP under the ESA for the Aramis
Solar Energy Generation and Storage Project in Alameda County,
California. The requested ITP, which would be in effect for a period of
32 years, if granted, would authorize incidental take of the federally
threatened California red-legged frog, federally threatened Central
Distinct Population Segment of the California tiger salamander (Central
California tiger salamander), federally endangered San Joaquin kit fox,
Federal candidate monarch butterfly, and non-listed golden eagle, which
is protected under the Bald and Golden Eagle Protection Act (Eagle
Act). We invite the public and local, State, Tribal, and Federal
agencies to comment on the application. Before issuing the requested
permit, we will take into consideration any information that we receive
during the public comment period.
DATES: We must receive your written comments on or before February 16,
2024.
ADDRESSES:
Obtaining Documents: The draft environmental assessment, draft HCP,
and any comments and other materials that we receive are available for
public inspection at https://www.regulations.gov in Docket No. FWS-R8-
ES-2023-0055.
Submitting Comments: To submit comments, please use one of the
following methods, and note that your information requests or comments
are in reference to the draft environmental assessment, draft HCP, or
both.
Internet: Submit comments at https://www.regulations.gov
under Docket No. FWS-R8-ES-2023-0055.
U.S. Mail: Public Comments Processing, Attn: Docket No.
FWS-R8-ES-2023-0055; U.S. Fish and Wildlife Service Headquarters, MS:
PRB/3W; 5275 Leesburg Pike; Falls Church, VA 22041-3803.
For more information, see Public Comments and Public Availability
of Comments, under SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT: Joseph Terry, Senior Fish and Wildlife
Biologist, or Ryan Olah, Supervisor, Coast Bay Division, Fish and
Wildlife Service, Sacramento Fish and Wildlife Office, by phone at 916-
414-6600. 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 the availability of a draft environmental
assessment, 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. This notice also announces the receipt of an application
from IP Aramis, LLC (applicant) for a 32-year incidental take permit
(ITP) under the Endangered Species Act of 1973, as amended (ESA; 16
U.S.C. 1531 et seq.). Application for the permit requires the
preparation of a habitat conservation plan (HCP) with measures to
avoid, minimize, and mitigate the impacts of incidental take to the
maximum extent practicable. The applicant prepared the draft Aramis
Solar Energy Generation and Storage Project Habitat Conservation Plan
(draft HCP) pursuant to section 10(a)(1)(B) of the ESA. The purpose of
the draft environmental assessment is to assess the effects of issuing
the permit and implementing the draft HCP on the natural and human
environment. The Eagle Act (16 U.S.C. 668-668d and 50 CFR 22.80)
regulations at 50 CFR 22.10 allow the Service to cover eagles under an
HCP Section 10(a)(1)(B) ITP. Accordingly, the HCP was written to meet
the requirements for the Service to issue the permit under ESA Section
10 and the Eagle Act. Criteria for issuance of an eagle permit are
codified in 50 CFR 22.80(f).
Background
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, including the Central
California tiger salamander and California red-legged frog, 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/service/habitat-conservation-plans.
National Environmental Policy Act Compliance
The proposed ITP issuance triggers the need for NEPA compliance (42
U.S.C. 4321 et seq.). The draft environmental assessment was prepared
to analyze the impacts of issuing an ITP based on the draft HCP and to
inform the public of the proposed action, any alternatives, and
associated impacts, and to disclose any irreversible commitments of
resources.
Proposed Action Alternative
Under the Proposed Action Alternative, the Service would issue an
ITP to the applicant for a period of 32 years for certain covered
activities (described below). The applicant has requested an ITP for
three federally listed species, one Federal candidate species, and one
non-listed species protected by the Eagle Act (described below).
Habitat Conservation Plan Area
The geographic scope of the draft HCP encompasses a 398-acre (ac)
project permit area and a 453-ac mitigation permit area. The project
permit area comprises an approximately 398-ac site where the power-
generating facilities and battery energy storage system would be
constructed in the unincorporated North Livermore area of Alameda
County, California, approximately 2.25 miles north of the Livermore
city limits and Interstate 580. The project permit area is bounded by
Manning Road to the north, North Livermore Avenue to the east, and a
private driveway to the south. The mitigation permit area is a 453-ac
site located at Vieira Ranch, south of Patterson Pass Road and north of
Tesla Road, in unincorporated eastern Alameda County, California.
Eagle Act Compensatory Mitigation
Retrofitting power poles with a high risk of avian electrocution in
accordance with Avian Power Line Interaction Committee guidelines is
the only form of compensatory mitigation that enables benefits to
golden eagles to be quantified with reasonable certainty at this time.
High-risk poles would be retrofitted within the eagle management unit.
To offset the predicted loss of golden eagle productivity due to
disturbance take and loss of breeding productivity to one breeding
territory in the vicinity of the project permit area and the
disturbance of one breeding territory during two breeding seasons at
the mitigation permit area, the applicant would need to retrofit
approximately 129 to 298 power poles to offset 8.26 fledged young lost
at a 1.2:1 ratio. The final power pole number depends on
[[Page 2974]]
the type and expected longevity of each retrofit. Short-term retrofits
that use plastic covers equate to avoided loss from retrofits that is
maintained and effective for up to 10 years, which would require more
poles. Long-term retrofits where avoided loss from retrofits is
maintained and effective for up to 30 years require fewer poles. To
complete the required compensatory mitigation, the applicant would
either work directly with a utility company to complete the required
power pole retrofits, with Service approval of the developed plan, or
the applicant would work with a Service-approved in-lieu fee program to
purchase credits to fulfill the required retrofits that must be
completed. The draft HCP contains details of the analysis conducted to
estimate the number of power pole retrofits required for compensatory
mitigation.
To address the high cumulative impacts on golden eagle populations
in this area, primarily due to mortality from wind turbines in the
Altamont Pass Wind Resource Area, severe drought, and urban
development, the applicant's proposed off-site 453-ac habitat
mitigation area includes a known golden eagle nest site and overlaps in
part with one golden eagle breeding territory. This nest site and the
mitigation lands would be protected and managed to benefit golden
eagles as described in the draft HCP.
Covered Activities
The proposed ESA section 10 ITP would allow take of the California
red-legged frog, Central California tiger salamander, San Joaquin kit
fox, monarch butterfly, and golden eagle from covered activities in the
proposed HCP area, including all ground-disturbing activities and
impacts from construction, operation and maintenance activities, and
site decommissioning or repowering of the project, as well as
activities necessary to implement management actions at the mitigation
permit area. Covered activities at the 398-ac project permit area
include all ground-disturbing activities and impacts from construction,
including: (1) site access, staging, and preparation, including
development of access roads, internal project area roads, parking
areas, and equipment staging areas, as well as limited excavation
activities for utility poles and building foundations; (2) installation
of a 100-megawatt solar photovoltaic and electrical collection system,
including solar arrays, fencing, and utility lines; (3) installation of
a project substation and generation intertie line occupying a 5,000
square foot area, and utility lines; (4) installation of a battery
energy storage system occupying a 5-ac portion of the project permit
area; (5) construction of an operation and maintenance (O&M) building
and electrical controls occupying approximately 400 square-feet of the
project permit area; (6) construction of project entrances and internal
driveways to provide access for routine maintenance of the system; (7)
installation of fences, lighting, and signage designed to enable
passage of covered species while keeping the project area secure; (8)
construction of a detention basin approximately 0.4 ac in size,
designed to avoid water ponding, prevent the discharge of off-site
stormwater runoff, allow for onsite infiltration within 48 hours (the
basin would be routinely maintained to remove vegetative growth); (9)
installation of water storage tanks onsite for fire suppression for the
battery energy storage system, use for O&M activities, and to maintain
proposed landscaping and vegetation; (10) installation of a
agricultural landscaping buffer as a visual screen (i.e., buffer) to
neighboring properties; (11) O&M activities, including routine
preventative maintenance conducted by O&M staff and supported by
outside contractors; (12) a sustainable agriculture program that
consists of grassland management, sheep grazing, chicken rearing,
beekeeping, and an agricultural landscaping buffer; and (13)
restoration and management of grassland habitat at the project permit
area. Covered activities at the 453-ac mitigation permit area include
installation and maintenance of fencing, cattle grazing, maintenance of
ponds or impoundments, mowing, controlled burning, erosion control or
repair, invasive species control, fire management, monitoring, and
plantings for covered species. The applicant is proposing to implement
a number of best management practices, as well as general and species-
specific avoidance and minimization measures to minimize the impacts of
the covered activities on the covered species.
Covered Species
The applicant has requested an ITP for two federally listed
threatened species, one federally listed endangered species, one
Federal candidate species, and one non-listed species protected by the
Eagle Act: the threatened California red-legged frog (Rana draytonii),
the threatened Central California Distinct Population Segment of the
California tiger salamander (Ambystoma californiense) (Central
California tiger salamander), the endangered San Joaquin kit fox
(Vulpes macrotis mutica), the candidate monarch butterfly (Danaus
plexippus), and the non-listed golden eagle (Aquila chrysaetos). All
species included in the ITP would receive assurances under the
Service's ``No Surprises'' regulations at 50 CFR 17.22(b)(5).
No Action Alternative
Under the No Action Alternative, the Service would not issue an
ITP, and the HCP would not be implemented. Permit denial would prevent
the applicant from proceeding with the covered activities because there
would be no other alternative means of complying with the ESA and Eagle
Act. Under the No Action Alternative there would be no take of
federally listed species, monarch butterflies, or golden eagles, and
permanent protection of habitat for federally listed species, monarch
butterflies, and the golden eagle at Vieira Ranch would not occur. The
retrofit of power poles would also not occur. Under the No Action
Alternative, agricultural uses (dry-land farming and grazing) would
continue at the project site, and a new source of renewable solar
energy would not be available to public utilities, municipal utilities,
or private consumers.
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 environmental assessment, and the draft HCP. 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 area and their possible
impacts on the species;
5. Information on the seasonal use of the mitigation permit area by
the monarch butterfly;
6. Information on establishing a monitoring program for the monarch
butterfly at the mitigation permit area to inform adaptive management
for the benefit of the species;
7. Information on how to enhance, restore, and adaptively manage
breeding and nectar habitat for the monarch butterfly at the mitigation
permit area while maintaining cattle grazing throughout the mitigation
permit area to enhance upland refugia and dispersal
[[Page 2975]]
habitat for the Central California tiger salamander and California red-
legged frog, denning and dispersal habitat for the San Joaquin kit fox,
and foraging habitat for the golden eagle;
8. Information on how to incorporate climate change into an
adaptive management plan at the mitigation permit area for the benefit
of the Central California tiger salamander, California red-legged frog,
San Joaquin kit fox, monarch butterfly, and golden eagle;
9. Information on the effects of photovoltaic solar panels on
annual grassland habitat quality, burrowing mammal activity, amphibians
(e.g., Central California tiger salamander and California red-legged
frog), pollinators (e.g., monarch butterfly and Crotch's bumble bee),
golden eagles, and microclimatic effects underneath the solar panels;
10. Information on the effects of sheep grazing and chicken rearing
on pollinators (e.g., monarch butterfly and Crotch's bumble bee),
amphibians (e.g., Central California tiger salamander and California
red-legged frog), and golden eagles;
11. 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
12. Any other environmental issues that should be considered with
regard to the proposed development and permit action.
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 incidental take permit is a Federal proposed action
subject to compliance with NEPA and section 7 of the ESA. We will
evaluate the application, associated documents, and any public comments
we receive as part of our NEPA compliance process to determine whether
the application meets the requirements of section 10(a) of the ESA. If
we determine that those requirements are met, we will conduct an intra-
Service consultation under section 7 of the ESA for the Federal action
for the potential issuance of an ITP. If the intra-Service consultation
confirms that issuance of the ITP will not jeopardize the continued
existence of any endangered or threatened species, or destroy or
adversely modify critical habitat, we will issue a permit to the
applicant for the incidental take of the covered species.
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 1500-1508, as well as in compliance with section
10(c) of the Endangered Species Act (16 U.S.C. 1531 et seq.) and its
implementing regulations at 50 CFR 17.32(b)(1) (ii), and the Eagle Act
(16 U.S.C. 668-668d and 50 CFR 22.80) regulations at 50 CFR 22.10 which
allow the Service to cover eagles under an HCP Section 10(a)(1)(B) ITP.
Criteria for issuance of an eagle permit are codified in 50 CFR
22.80(f).
Michael Fris,
Field Supervisor, Sacramento Fish and Wildlife Office.
[FR Doc. 2024-00755 Filed 1-16-24; 8:45 am]
BILLING CODE 4333-15-P
