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[Federal Register Volume 89, Number 240 (Friday, December 13, 2024)]
[Notices]
[Pages 101034-101036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29405]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[Docket No. FWS-R8-ES-2024-0125; FXES11140800000-189-FF08ESMF00]

Endangered and Threatened Species; Receipt of Amended Incidental 
Take Permit Application and Amended Habitat Conservation Plan for the 
Proposed Rooney Ranch Wind Repowering Project, Alameda County, CA; 
Draft Environmental Assessment

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comments.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have 
received an application for an amended incidental take permit under the 
Endangered Species Act (ESA) to conduct activities with the potential 
for take of endangered and threatened species that is incidental to, 
and not the purpose of, carrying out otherwise lawful activities. We 
invite comments on the applicant's amended permit application and 
amended habitat conservation plan (HCP), and the associated 
environmental assessment, which we have prepared pursuant to the 
National Environmental Policy Act. The amended incidental take permit 
(ITP) is necessary due to an increase in the project's temporary and 
permanent impacts and a new applicant for the ITP. In addition, the new 
applicant would like to add two additional species that have been 
proposed for Federal listing and request ``take'' coverage should the 
species become listed. We invite the public and local, State, Tribal, 
and Federal agencies to comment on the documents. Before issuing the 
requested permit, we will take into consideration all comments 
received.

DATES: To ensure consideration, please send your written comments by 
January 13, 2025.

ADDRESSES: 
    Obtaining Documents:
     Electronic copies: The documents this notice announces, as 
well as any comments and other materials that we receive, will be 
available for public inspection online in Docket No. FWS-R8-ES-2024-
0125 at https://www.regulations.gov.
    You may also obtain electronic copies of the draft amended Rooney 
Ranch Wind Repowering Project Habitat Conservation Plan (draft HCP) and 
draft amended environmental assessment (EA) from the Sacramento Fish 
and Wildlife Office website at https://www.fws.gov/office/sacramento-fish-and-wildlife. (See FOR FURTHER INFORMATION CONTACT.)
    Submitting Comments: You may submit comments by one of the 
following methods:
     internet: https://www.regulations.gov. Follow the 
instructions for submitting comments under Docket No. FWS-R8-ES-2024-
0125.
     U.S. mail: Public Comments Processing, Attn: Docket No. 
FWS-R8-ES-2024-0125; U.S. Fish and Wildlife Service; 5275 Leesburg 
Pike, MS: PRB/3W; Falls Church, VA 22041-3803
    We request that you send comments by only the methods described 
above.
    For more information, see Public Comment Procedures under 
SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Jason Hanni, Fish and Wildlife 
Biologist, Sacramento Fish and Wildlife Office (see ADDRESSES), 916-
414-6600 (telephone). 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, have 
prepared an environmental assessment under the National Environmental 
Policy Act (NEPA) for the proposed Rooney Ranch Wind Repowering Project 
in response to an application from Viracocha Wind, LLC (applicant) for 
a 36-year amended incidental take permit for three species under the 
Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et 
seq.), and two additional species that have been proposed for Federal 
listing. This amended ITP is an update to the previously issued ITP for 
the project. (For more about that process, see our notice of May 28, 
2020 (85 FR 32044).) Changes to the project's anticipated disturbance 
acreage, inclusion of the additional two species, and the change of 
applicant necessitate the amended ITP. The application addresses the 
potential for ``take'' of the following three federally listed animals: 
the Central California distinct population segment of the California 
tiger salamander (Ambystoma californiense) (central CTS), the 
California red-legged frog (Rana draytonii), and the San Joaquin kit 
fox (Vulpes macrotis mutica). The application also addresses the 
potential for ``take'' of the following two animals proposed for 
Federal listing: northwestern pond turtle (Actinemys marmorata) and 
western spadefoot (Spea hammondii), a frog species. The applicant would 
implement a conservation program to minimize and mitigate the project 
impacts, as described in the applicant's amended habitat conservation 
plan (HCP). We invite comments on the applicant's permit application, 
amended HCP, and the associated amended EA, which we have prepared 
pursuant to the National Environmental Policy Act of 1969, as amended 
(NEPA; 42 U.S.C. 4321 et seq.), and its implementing regulations in the 
Code of Federal Regulations (CFR) at 40 CFR 1506.6. We will take 
comments into consideration before issuance of the requested permit.
    The applicant has submitted a draft amended HCP as part of the 
application for an ITP under section 10(a)(1)(B) of the ESA. The draft 
amended HCP includes measures necessary to minimize and mitigate the 
impacts, to the maximum extent practicable, of potential taking of 
federally listed species to be covered by the amended HCP, and the 
habitats upon which they depend, resulting from construction and 
operation of the proposed Rooney Ranch Wind Repowering Project within 
the project area, to include portions of the Altamont Pass Wind 
Resource Area (APWRA) in Alameda County, California.

Background Information

    Section 9 of the ESA prohibits the take of fish or wildlife species 
listed as

[[Page 101035]]

endangered; as applicable to the species affected by the proposed 
action, the ESA implementing regulations also prohibit take of fish or 
wildlife species listed as threatened, with exceptions for certain 
ranching activities on private and Tribal lands as described in 50 CFR 
17.43(c)(3)(i)-(xi) and 50 CFR 17.43(d)(3)(i)-(xi). The applicant has 
also proposed to include the northwestern pond turtle and the western 
spadefoot as covered species under the plan; for these two species, all 
applicable section 9 prohibitions, including any exceptions, would only 
be in effect upon a final listing determination. 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.
    The National Environmental Policy Act (NEPA; 42 U.S.C. 4321 et 
seq.) requires Federal agencies to analyze their proposed actions to 
determine whether the actions may significantly affect the human 
environment. In these NEPA analyses, the Federal agency will identify 
direct, indirect, and cumulative effects, as well as possible 
mitigation for effects on environmental resources that could occur with 
implementation of the proposed action and alternatives.

Proposed Action Alternative

    We would issue an ITP to the applicant for a period of 36 years for 
certain covered activities (described below). The applicant has 
requested an amended ITP for three federally listed species and the two 
species proposed for federal listing. The amended HCP addresses four 
types of proposed activities (referred to as covered activities in the 
HCP): (1) Construction of facilities, (2) operation and maintenance 
(O&M) of facilities, (3) conservation actions, and (4) restoration 
actions. The project would consist of the installation of large-scale 
modern wind turbines with generating capacities up to 4.0 megawatts 
(MW), all generally similar in size and appearance, to generate up to 
28 MW. The proposed layout would include seven new-generation wind 
turbines. Generally, existing roads would be used, with approximately 
1.52 miles of new roads to provide access to proposed turbine 
locations. Temporary widening of existing roads would be required to 
safely accommodate the turbine components and associated construction 
equipment. An existing on-site substation, consisting of an 
approximately 0.2-acre (ac) gravel-covered footprint area, may be 
expanded by 0.1 ac to accommodate installation of upgraded equipment. 
Construction activities would result in 11.1 ac of permanent impacts to 
landcover from the installation of facilities, roads, and turbine 
structures. This is an increase of 9.3 ac over the previously permitted 
1.8 ac of permanent impacts. Construction activities would also result 
in 65 ac of temporary land cover impacts from activities such as 
grading, trenching, excavation, access roads, and staging areas. 
Operations and maintenance activities would result in temporary 
landcover disturbance of up to 3.0 ac over the life of the permit. The 
project would result in 11.1 ac of permanent impacts (construction) and 
68.0 ac of temporary impacts (construction + operations/maintenance).

Habitat Conservation Plan Area

    The geographic scope of the draft amended HCP area comprises two 
separate permit areas: the project permit area and the mitigation 
permit area. The project permit area encompasses approximately 580.43 
ac within the APWRA in eastern Alameda County, California, consisting 
of two Santa Clara City-owned parcels between I-580 to the south and 
Altamont Pass Road to the north. The repowering project would be 
constructed entirely within the project permit area. The mitigation 
permit area comprises potential mitigation lands, still to be 
identified, that the applicant, in coordination with the Service, is 
evaluating in Alameda County. Based on where the mitigation lands are 
located in the County, the estimated acreage required of the mitigation 
site would be 101.3 ac. The mitigation will be achieved by purchasing 
credits at a Service-approved conservation bank or applicant-purchased 
mitigation lands that occur within Alameda County. When the permit 
areas are combined, the amended HCP area will cover approximately 683.3 
ac.

Covered Activities

    The proposed ESA section 10 amended ITP would allow take of five 
covered species resulting from certain covered activities in the 
proposed HCP area. The proposed covered activities under this amended 
HCP include constructing and installing seven wind turbines and 
associated electrical facilities and access roads, installing a 
meteorological tower and a power collection system, expanding a 
substation, maintaining the new wind turbines and the associated 
facilities, and restoring the site. Specifically, proposed covered 
activities include grading, excavating to support access roads, 
trenching to install underground electrical lines, installing erosion 
control measures during construction and maintenance covered 
activities, installing or temporarily expanding gravel roads, pouring a 
cement footing to support each turbine, installing other 
infrastructure, placing gravel for road maintenance, causing wear by 
vehicle travel, transporting equipment and supplies, and other similar 
actions necessary to support the construction, maintenance, and 
operation of the proposed Rooney Ranch Wind Repowering Project. All 
activities associated with monitoring and maintenance of habitat and 
listed species populations within the mitigation site would also be 
considered covered activities.
    The applicant proposes to avoid, minimize, and mitigate the effects 
to the covered species associated with the covered activities by fully 
implementing the amended HCP. The following mitigation measures will be 
implemented for covered species as part of the amended HCP: Minimize 
impact area; avoid injury of covered species during implementation of 
covered activities, through such measures as seasonal and daytime work 
limitation, preconstruction surveys to determine whether covered 
species are present and contact the Service if any life stage is found, 
biological monitors' presence, and wildlife exclusionary fencing in key 
areas; avoid habitat impacts associated with erosion and sedimentation 
generated by covered activities; minimize the risk of project-related 
toxic spills that could adversely affect listed species' habitat; 
restore all listed species' habitat that is temporarily disturbed in 
the amended HCP area to pre-project conditions within 1 year of 
disturbance; ensure implementation of the avoidance and minimization 
measures; offset unavoidable impacts on the five covered species 
through the purchase of approximately 101.3 ac of covered species 
habitat to ensure that temporary and permanent effects are mitigated.

Covered Species

    The applicants have requested an amended ITP for three federally 
listed species: the threatened California red-legged frog (Rana 
draytonii), the threatened Central California distinct population 
segment (DPS) of the California tiger salamander (Ambystoma 
californiense) (Central California tiger salamander), and the 
endangered San Joaquin kit fox (Vulpes macrotis mutica). The amended 
ITP would also cover two species that have been proposed for Federal 
listing, the

[[Page 101036]]

northwestern pond turtle (Actinemys marmorata) and the western 
spadefoot (Spea hammondii). All species included on the ITP would 
receive assurances under the Service's ``No Surprises'' regulations at 
50 CFR 17.22(b)(5).

National Environmental Policy Act Compliance

    The draft amended EA was prepared to analyze the impacts of issuing 
an amended ITP based on the draft amended HCP and to inform the public 
of the proposed action, alternatives, and associated impacts, and to 
disclose any irreversible commitments of resources. The proposed action 
presented in the draft amended EA will be compared to the no-action 
alternative. The no-action alternative represents estimated future 
conditions to which the proposed action's estimated future conditions 
can be compared. Other alternatives were not considered or addressed in 
the draft amended EA, because they did not fulfill the purpose and need 
of the project.

No-Action Alternative

    Under the no-action alternative, the amended HCP would not be 
implemented, and the proposed amended ITP would not be issued. There 
would be no take of federally listed species as a result of the 
project. This alternative assumes that existing wind power production 
facilities and approved repowering wind production facilities in the 
APWRA would continue to operate into the future.

Environmental Review and Next Steps

    As described in our amended EA, we have made the preliminary 
determination that approval of the draft amended HCP and issuance of 
the permit would qualify as finding of no significant impact (FONSI) 
under NEPA (42 U.S.C. 4321 et seq.), as provided by Federal regulations 
(40 CFR 1500.5(k), 1507.3(b)(2), and 1508.13) and the Department of the 
Interior Manual. Our amended EA articulates the project effects on all 
potential resources that could be adversely affected, including 
aesthetics, air quality and climate change, biological resources, 
cultural resources, geology, hazardous materials and public safety 
hazards, hydrology and water quality, noise, and traffic and 
transportation. It also includes an analysis of alternatives and other 
required analysis such as unavoidable adverse effects, irreversible and 
irretrievable commitments of resources, and, finally, short-term uses 
versus long-term productivity and cumulative effects.

Public Comment Procedures

    All comments and materials we receive in response to these requests 
will be available for public review at https://www.regulations.gov (see 
ADDRESSES).
    Before including your address, phone number, email address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

Next Steps

    Issuance of an amended ITP is a Federal proposed action subject to 
compliance with NEPA. The FWS will evaluate the application, associated 
documents, and any public comments we receive to determine whether the 
application meets the requirements of NEPA regulations and section 
10(a) of the ESA. If the FWS determines that those requirements are 
met, we will issue a permit to the applicant for the incidental take of 
the covered species from the implementation of the covered activities 
described in the amended HCP. A permit decision will be made no sooner 
than 30 days after the date of publication of this notice in the 
Federal Register.

Authority

    We issue this notice pursuant to section 10(c) of the ESA (16 
U.S.C. 1531 et seq.) and its implementing regulations (50 CFR 17.22 and 
17.32), and the National Environmental Policy Act (42 U.S.C. 4321 et 
seq.) and its implementing regulations (40 CFR 1506.6 and 43 CFR 
46.305).

Michael Fris,
Field Supervisor, Sacramento Fish and Wildlife Office, U.S. Fish and 
Wildlife Service, Sacramento, California.
[FR Doc. 2024-29405 Filed 12-12-24; 8:45 am]
BILLING CODE 4333-15-P
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