[Federal Register Volume 87, Number 118 (Tuesday, June 21, 2022)]
[Notices]
[Pages 36876-36877]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-13205]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[Docket No. FWS-R8-ES-2022-0019; FF08ESMF00-FXES11140800000-223]


Maricopa Sun Solar Complex Habitat Conservation Plan, Kern 
County, California; Environmental Assessment

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability of documents; request for public 
comment.

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SUMMARY: We, the U.S. Fish and Wildlife Service, announce receipt of an 
application from Maricopa Sun, LLC to amend their existing incidental 
take permit for the Maricopa Sun Solar Complex. Under the Endangered 
Species Act and National Environmental Policy Act, we are making 
available the applicant's draft amended habitat conservation plan and 
our draft environmental assessment. We invite the public and local, 
State, Tribal, and Federal agencies to comment on the documents. Before 
issuing a requested amended 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 July 21, 
2022.

ADDRESSES: 
    Obtaining Documents: The incidental take permit application, draft 
environmental assessment (EA), draft amended habitat conservation plan 
(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-2022-0019.
    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 EA, draft HCP, or both.
    <bullet> Internet: Submit comments at https://www.regulations.gov 
under Docket No. FWS-R8-ES-2022-0019.
    <bullet> U.S. Mail: Public Comments Processing, Attn: Docket No. 
FWS-R8-ES-2022-0019; U.S. Fish and Wildlife Service Headquarters, MS: 
PERMA; 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, or Patricia Cole, Supervisor, 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 Maricopa Sun, LLC to 
amend their existing incidental take permit (TE54164B-0) for the 
Maricopa Sun Solar Complex. Maricopa Sun, LLC is requesting an 
amendment to extend the permit term from 35 to 50 years, add Kern 
mallow (Eremalche kernensis) as a covered species, reduce the habitat 
conservation plan (HCP) area by removing 489.9 acres (ac) of potential 
solar development, and add the installation and operation of battery 
energy storage systems as covered activities. The amended HCP would 
encompass 5,318.4 ac.
    We also make available the draft environmental assessment (EA), 
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 draft EA evaluates the impacts of the proposed action and the no-
action alternative. The draft EA tiers from the analysis within the 
final environmental impact statement issued by the Service and 
announced via a Federal Register notice to the public on December 8, 
2014 (79 FR 72696).

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. 
The definition of ``take'' under the ESA does not apply to plant 
species; however, plant species can be listed on

[[Page 36877]]

the Federal permit as covered species in recognition of the 
conservation measures provided for them under the HCP, and in order to 
receive ``No Surprises'' regulatory assurances under the Federal 
permit. 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 amendment 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 EA was prepared to 
analyze the impacts of issuing an amended ITP based on the draft 
amended HCP; to inform the public of the proposed action, any 
alternatives, and associated impacts; and to disclose any irreversible 
commitments of resources. The draft EA tiers from the analysis within 
the final environmental impact statement issued by the Service and 
noticed to the public on December 8, 2014 (79 FR 72696).

Proposed Action

    The proposed action includes amendments to the existing permit and 
HCP to include:
    1. The addition of Kern mallow to the five species that are covered 
by the HCP and permit, and inclusion of additional species-specific 
minimization measures.
    2. An extension of the permit term from 35 years to 50 years.
    3. The removal of 489.9 ac of potential solar site development area 
that would reduce the permit area to 5,318.4 ac.
    4. The inclusion of the installation and operation of battery 
energy storage systems as part of the project.

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 EA, and the draft amended 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 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.

Authority

    We publish this notice under the National Environmental Policy Act 
of 1969, as amended (42 U.S.C. 4321-4347 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. 1531-1544 et seq.) and 
its implementing regulations at 50 CFR 17.22.

Michael Fris,
Field Supervisor, Sacramento Fish and Wildlife Office.
[FR Doc. 2022-13205 Filed 6-17-22; 8:45 am]
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