Azalea Hybrid Power Project Habitat Conservation Plan, Kern County, CA; Draft Categorical Exclusion and Draft Habitat Conservation Plan, 41458-41460 [2024-10352]
Download as PDF
<![CDATA[
lotter on DSK11XQN23PROD with NOTICES1
41458
Federal Register / Vol. 89, No. 93 / Monday, May 13, 2024 / Notices
to the construction of a metal recycling
steel plant. The applicant requests the
renewal of the ITP to extend the
expiration date for 3 additional years in
Polk County, Florida. There is no
request for additional take or increases
in development levels. The proposed
time extension maintains the existing
levels of take, but would extend the
covered activities out to April 19, 2027,
instead of April 19, 2024. We request
public comment on the application,
which includes the applicant’s
proposed habitat conservation plan
(HCP), and the Service’s preliminary
determination that this ITP renewal
qualifies as low-effect, categorically
excluded, under the National
Environmental Policy Act. To make this
determination, we used our
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 June 12, 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–202X–0062; 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–2024–0062;
• U.S. mail: Public Comments
Processing, Attn: Docket No. FWS–R4–
ES–2024–0062; U.S. Fish and Wildlife
Service, MS: PRB/3W, 5275 Leesburg
Pike, Falls Church, VA 22041–3803.
FOR FURTHER INFORMATION CONTACT:
Alfredo Begazo, by U.S. mail (see
ADDRESSES), 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
Nucor Steel Florida, Inc. (applicant) for
a renewal of incidental take permit (ITP)
VerDate Sep<11>2014
21:33 May 10, 2024
Jkt 262001
TE12906D–0 under the Endangered
Species Act. The applicant requests the
renewal of the ITP to extend the
expiration date for 3 additional years in
Polk County, Florida. The ITP would
authorize take of the sand skink
(Neoseps reynoldsi) and blue-tailed
mole skink (Eumeces egregious lividus)
via destruction of these species’ feeding,
breeding, and sheltering habitat
associated with commercial
construction. The applicant’s existing
HCP provides measures to mitigate for
the incidental take of the species. The
proposed ITP extension will grant
additional time to complete the metal
recycling steel plant. The amendment to
renew does not include any changes in
the covered area, activity, amount or
type of take, or species to be covered by
the permit. 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
this HCP qualifies as low-effect,
categorically excluded, under the
National Environmental Policy Act
(NEPA; 42 U.S.C. 4231 et seq.). To make
this determination, we used our
environmental action statement and
low-effect screening form, both of which
are also available for public review.
Proposed Project
The applicant requests to extend the
expiration date for three 3 additional
years and does not include any other
changes that alter the original review
analyses by the Service. There is no
request for additional take or increases
in development levels; the proposed
time extension maintains the existing
levels of take but would extend the
covered activities out to April 19, 2027,
instead of April 19, 2024.
Our Preliminary Determination
The Service has made a preliminary
determination that the applicant’s
project, extending the expiration date of
the original ITP for 3 additional years,
would individually and cumulatively
have a minor or negligible effect on the
covered species and the environment.
Therefore, we have preliminarily
concluded that renewal of the ITP for
this project would qualify for categorical
exclusion and that this action is low
effect under our NEPA regulations at 43
CFR 46.205 and 46.210. A low-effect
action is one that would result in (1)
minor or negligible effects on federally
listed, proposed, and candidate species
and their habitats; (2) minor or
negligible effects on other
environmental values or resources; and
(3) impacts that, when considered
together with the impacts of other past,
PO 00000
Frm 00087
Fmt 4703
Sfmt 4703
present, and reasonably foreseeable
similarly situated projects, would not
over time result in significant
cumulative effects to environmental
values or resources.
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
PER9460033 to Nucor Steel Florida, 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 ESA (16
U.S.C. 1531 et seq.) and its
implementing regulations (50 CFR
17.32), and NEPA (42 U.S.C. 4321 et
seq.) and its implementing regulations
(40 CFR 1506.6 and 43 CFR 46).
Robert L. Carey,
Division Manager, Environmental Review,
Florida Ecological Services Office.
[FR Doc. 2024–10349 Filed 5–10–24; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS–R8–ES–2024–0046;
FF08ESMF00–245–FXES11140800000]
Azalea Hybrid Power Project Habitat
Conservation Plan, Kern County, CA;
Draft Categorical Exclusion and Draft
Habitat Conservation Plan
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability; request
for public comments.
AGENCY:
We, the Fish and Wildlife
Service (Service), announce receipt of
an application from SF Azalea, LLC
(applicant) for an incidental take permit
(ITP) under the Endangered Species Act.
SUMMARY:
E:\FR\FM\13MYN1.SGM
13MYN1
lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 89, No. 93 / Monday, May 13, 2024 / Notices
The applicant requests the ITP to take
the federally endangered San Joaquin kit
fox (Vulpes macrotis mutica) and giant
kangaroo rat (Dipodomys ingens)
incidental to development activities in
Kern County, California. We request
public comment on the application,
which includes the applicant’s
proposed habitat conservation plan
(HCP), and the Service’s preliminary
determination that the proposed
permitting action may be eligible for a
categorical exclusion pursuant to the
Council on Environmental Quality’s
National 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, which is 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 June 12, 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–
R8–ES–2024–0046 at https://
www.regulations.gov.
Submitting Comments: To send
written comments, please use one of the
following methods, and note that your
information requests or comments are in
reference to the draft CatEx, draft HCP,
or both.
• Internet: Submit comments at
https://www.regulations.gov under
Docket No. FWS–R8–ES–2024–0046.
• U.S. Mail: Public Comments
Processing, Attn: Docket No. FWS–R8–
ES–2024–0046; U.S. Fish and Wildlife
Service Headquarters, MS: PRB/3W;
5275 Leesburg Pike; Falls Church, VA
22041–3803.
For more information, see Public
Comments under SUPPLEMENTARY
INFORMATION.
FOR FURTHER INFORMATION CONTACT:
Justin Sloan, Senior Wildlife Biologist,
San Joaquin Valley Division,
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-ofcontact in the United States.
VerDate Sep<11>2014
21:33 May 10, 2024
Jkt 262001
We, the
U.S. Fish and Wildlife Service (Service),
announce receipt of an application from
SF Azalea, LLC for a 35-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 Azalea
Hybrid Power Project HCP pursuant to
section 10(a)(1)(B) of the ESA.
We also make available a draft CatEx,
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. The purpose of
the draft CatEx is to assess the effects of
issuing the permit and implementing
the draft HCP on the natural and human
environment.
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
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, which is also
available for public review.
SUPPLEMENTARY INFORMATION:
Background Information
Section 9 of the ESA (16 U.S.C. 1531–
1544 et seq.) and Federal regulations (50
CFR 17) prohibit the taking of fish and
wildlife species listed as endangered or
threatened under section 4 of the ESA.
Regulations governing permits for
endangered and threatened species are
at 50 CFR 17.22 and 17.32, respectively.
For more about the Federal habitat
conservation plan (HCP) program, go to
https://www.fws.gov/service/habitatconservation-plans.
National Environmental Policy Act
Compliance
The proposed issuance of a permit
triggers the need for compliance with
the National Environmental Policy Act
of 1969, as amended (NEPA; 42 U.S.C.
4321 et seq.). The draft CatEx was
prepared to analyze the impacts of
issuing an ITP based on the draft HCP,
PO 00000
Frm 00088
Fmt 4703
Sfmt 4703
41459
to inform the public of the proposed
action and associated impacts, and to
disclose any irreversible commitments
of resources.
Proposed Action
Under the Proposed Action
Alternative, the Service would issue an
ITP to the applicant for a period of 35
years for certain covered activities
(described below). The applicant has
requested an ITP for two covered
species, the federally endangered San
Joaquin kit fox (Vulpes macrotis mutica)
and giant kangaroo rat (Dipodomys
ingens)
Habitat Conservation Plan Area
The geographic scope of the draft HCP
encompasses 560 acres in northwestern
Kern County where the development
will occur, and 210 acres in
northwestern Kern County that will be
used to mitigate impacts from HCP
covered activities.
Covered Activities
The proposed section 10 ITP would
allow incidental take of two covered
species from covered activities in the
proposed HCP area. The applicant is
requesting incidental take authorization
for covered activities, including site
preparation, infrastructure
development, construction,
decommissioning, and management of
the conservation easement area. The
applicant is proposing to implement a
number of project design features,
including best management practices, as
well as general and species-specific
avoidance and minimization measures
to minimize the impacts of the take from
the covered activities.
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 CatEx, 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. 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
E:\FR\FM\13MYN1.SGM
13MYN1
41460
Federal Register / Vol. 89, No. 93 / Monday, May 13, 2024 / Notices
project planning by the National
Historic Preservation Act; and
6. 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.
lotter on DSK11XQN23PROD with NOTICES1
Our Preliminary Determination
The Service has made a preliminary
determination that the applicant’s
proposed project would individually
and cumulatively have a minor effect on
the San Joaquin kit fox and giant
kangaroo rat, 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 species 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 ITP 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 reasonable foreseeable actions,
would not result in significant
cumulative effects to the human
environment.
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
VerDate Sep<11>2014
21:33 May 10, 2024
Jkt 262001
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 provide 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 the National Environmental
Policy Act (42 U.S.C. 4321 et seq.) and
its implementing regulations (40 CFR
1500–1508 and 43 CFR 46).
Michael Fris,
Field Supervisor, Sacramento Fish and
Wildlife Office.
[FR Doc. 2024–10352 Filed 5–10–24; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF THE INTERIOR
Office of the Secretary
[XXXD5198NI DS61100000
DNINR0000.000000 DX61104]
Second Call for Nominations for the
Exxon Valdez Oil Spill Public Advisory
Committee
Office of the Secretary, Interior.
Notice of second call for
nominations.
AGENCY:
ACTION:
The Department of the
Interior is soliciting nominations for the
Exxon Valdez Oil Spill Public Advisory
Committee (Committee). This
Committee advises the Exxon Valdez
Oil Spill Trustee Council on decisions
related to the planning, evaluation,
funds allocation, and conduct of injury
assessment and restoration activities
related to the T/V Exxon Valdez oil spill
of March 1989.
DATES: The deadline for submissions for
the notice published on February 13,
2024 at 89 FR 10096 has been extended.
All nominations must be received by
June 27, 2024.
ADDRESSES: Send nomination packages
by hard copy or via email to Shiway
Wang, Executive Director, Exxon Valdez
Oil Spill Trustee Council, 4230
University Drive, Suite 220, Anchorage,
Alaska, 99508–4650, or at
shiway.wang@alaska.gov. Also please
copy Joy Maglaqui, Executive Assistant,
on any email correspondence at
joy.maglaqui@alaska.gov.
FOR FURTHER INFORMATION CONTACT:
Grace Cochon, Department of the
Interior, Office of Environmental Policy
and Compliance, telephone number:
(907) 786–3620; email: grace_cochon@
ios.doi.gov.
SUMMARY:
PO 00000
Frm 00089
Fmt 4703
Sfmt 9990
The
Committee was created pursuant to
Paragraph V.A.4 of the Memorandum of
Agreement and Consent Decree entered
into by the United States of America
and the State of Alaska on August 27,
1991, and approved by the United States
District Court for the District of Alaska
in settlement of United States of
America v. State of Alaska, Civil Action
No. A91–081 CV. The Committee
advises the Trustee Council on matters
relating to decisions on injury
assessment, restoration activities, or
other use of natural resource damage
recoveries obtained by the government.
The Trustee Council consists of
representatives of the U.S. Department
of the Interior, U.S. Department of
Agriculture, National Oceanic and
Atmospheric Administration, Alaska
Department of Fish and Game, Alaska
Department of Environmental
Conservation, and Alaska Department of
Law.
The Committee consists of 10
members to reflect balanced
representation from each of the
following principal interests:
aquaculture/mariculture, commercial
tourism, conservation/environmental,
recreation, subsistence use, commercial
fishing, native landownership, sport
hunting/fishing, science/technology,
and public-at-large. We are soliciting
nominations for eight positions that
represent aquaculture/mariculture,
commercial tourism, recreation,
subsistence use, commercial fishing,
native landownership, science/
technology, and public-at-large
interests. The Committee members will
be selected and appointed by the
Secretary of the Interior to serve a fouryear term.
Nomination Process: Nominations for
membership may be submitted by any
source. Nominations should include a
re´sume´ providing an adequate
description of the nominee’s
qualifications, including information
that would enable the Department of the
Interior to evaluate the nominee’s ability
to meet Committee membership
requirements and to contact a potential
member.
Authority: 5 U.S.C. ch. 10.
SUPPLEMENTARY INFORMATION:
Lisa M. Fox,
Regional Environmental Officer, Office of
Environmental Policy and Compliance.
[FR Doc. 2024–10414 Filed 5–10–24; 8:45 am]
BILLING CODE 4334–63–P
E:\FR\FM\13MYN1.SGM
13MYN1
]]>Agencies
[Federal Register Volume 89, Number 93 (Monday, May 13, 2024)]
[Notices]
[Pages 41458-41460]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10352]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS-R8-ES-2024-0046; FF08ESMF00-245-FXES11140800000]
Azalea Hybrid Power Project Habitat Conservation Plan, Kern
County, CA; Draft Categorical Exclusion and Draft Habitat Conservation
Plan
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for public comments.
-----------------------------------------------------------------------
SUMMARY: We, the Fish and Wildlife Service (Service), announce receipt
of an application from SF Azalea, LLC (applicant) for an incidental
take permit (ITP) under the Endangered Species Act.
[[Page 41459]]
The applicant requests the ITP to take the federally endangered San
Joaquin kit fox (Vulpes macrotis mutica) and giant kangaroo rat
(Dipodomys ingens) incidental to development activities in Kern County,
California. We request public comment on the application, which
includes the applicant's proposed habitat conservation plan (HCP), and
the Service's preliminary determination that the proposed permitting
action may be eligible for a categorical exclusion pursuant to the
Council on Environmental Quality's National 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, which is 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 June 12,
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-R8-ES-2024-0046 at
https://www.regulations.gov.
Submitting Comments: To send written comments, please use one of
the following methods, and note that your information requests or
comments are in reference to the draft CatEx, draft HCP, or both.
Internet: Submit comments at https://www.regulations.gov
under Docket No. FWS-R8-ES-2024-0046.
U.S. Mail: Public Comments Processing, Attn: Docket No.
FWS-R8-ES-2024-0046; U.S. Fish and Wildlife Service Headquarters, MS:
PRB/3W; 5275 Leesburg Pike; Falls Church, VA 22041-3803.
For more information, see Public Comments under SUPPLEMENTARY
INFORMATION.
FOR FURTHER INFORMATION CONTACT: Justin Sloan, Senior Wildlife
Biologist, San Joaquin Valley Division, 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 receipt of an application from SF Azalea, LLC for a
35-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 Azalea Hybrid Power Project HCP pursuant to section
10(a)(1)(B) of the ESA.
We also make available a draft CatEx, 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. The purpose of the draft CatEx is
to assess the effects of issuing the permit and implementing the draft
HCP on the natural and human environment.
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 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,
which is also available for public review.
Background Information
Section 9 of the ESA (16 U.S.C. 1531-1544 et seq.) and Federal
regulations (50 CFR 17) prohibit the taking of fish and wildlife
species listed as endangered or threatened under section 4 of the ESA.
Regulations governing permits for endangered and threatened species are
at 50 CFR 17.22 and 17.32, respectively. 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 issuance of a permit triggers the need for compliance
with the National Environmental Policy Act of 1969, as amended (NEPA;
42 U.S.C. 4321 et seq.). The draft CatEx was prepared to analyze the
impacts of issuing an ITP based on the draft HCP, to inform the public
of the proposed action and associated impacts, and to disclose any
irreversible commitments of resources.
Proposed Action
Under the Proposed Action Alternative, the Service would issue an
ITP to the applicant for a period of 35 years for certain covered
activities (described below). The applicant has requested an ITP for
two covered species, the federally endangered San Joaquin kit fox
(Vulpes macrotis mutica) and giant kangaroo rat (Dipodomys ingens)
Habitat Conservation Plan Area
The geographic scope of the draft HCP encompasses 560 acres in
northwestern Kern County where the development will occur, and 210
acres in northwestern Kern County that will be used to mitigate impacts
from HCP covered activities.
Covered Activities
The proposed section 10 ITP would allow incidental take of two
covered species from covered activities in the proposed HCP area. The
applicant is requesting incidental take authorization for covered
activities, including site preparation, infrastructure development,
construction, decommissioning, and management of the conservation
easement area. The applicant is proposing to implement a number of
project design features, including best management practices, as well
as general and species-specific avoidance and minimization measures to
minimize the impacts of the take from the covered activities.
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 CatEx, 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. 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
[[Page 41460]]
project planning by the National Historic Preservation Act; and
6. 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.
Our Preliminary Determination
The Service has made a preliminary determination that the
applicant's proposed project would individually and cumulatively have a
minor effect on the San Joaquin kit fox and giant kangaroo rat, 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 species
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 ITP 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 reasonable foreseeable actions, would not
result in significant cumulative effects to the human environment.
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 provide 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 the National Environmental Policy Act (42 U.S.C.
4321 et seq.) and its implementing regulations (40 CFR 1500-1508 and 43
CFR 46).
Michael Fris,
Field Supervisor, Sacramento Fish and Wildlife Office.
[FR Doc. 2024-10352 Filed 5-10-24; 8:45 am]
BILLING CODE 4333-15-P
