[Federal Register Volume 75, Number 206 (Tuesday, October 26, 2010)]
[Notices]
[Pages 65646-65647]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-27002]


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

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2010-N235; 1112-0000-81440-F2]


Endangered and Threatened Wildlife and Plants; Permit, Santa 
Barbara County, CA

AGENCY: U.S. Fish and Wildlife Service, Interior.

ACTION: Notice of availability.

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

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have 
received an application from Pacific Renewable Energy Generation LLC 
(applicant) for an incidental take permit under the Endangered Species 
Act of 1973, as amended (Act). We are considering issuing an incidental 
take permit (ITP) that would authorize the applicant's take of the 
federally endangered El Segundo Blue Butterfly incidental to otherwise 
lawful activities that would result in the loss of Coast Buckwheat, 
which serves as butterfly habitat. We invite comments from the public 
on the application, which includes the Geotechnical Boring Project 
Habitat Conservation Plan (HCP), and on our preliminary determination 
that the HCP qualifies as a low-effect plan that is eligible for a 
categorical exclusion under the National Environmental Policy Act 
(NEPA) of 1969, as amended.

DATES: To ensure consideration, please send your written comments by 
November 26, 2010.

ADDRESSES: You may download a copy of the HCP, draft Environmental 
Action Statement, Low-Effect Screening Form, and related documents on 
the Internet at http://www.fws.gov/ventura/, or you may request 
documents by U.S. mail or phone (see below). Please address written 
comments to Diane K. Noda, Field Supervisor, Ventura Fish and Wildlife 
Office, U.S. Fish and Wildlife Service, 2493 Portola Road, Suite B, 
Ventura, CA 93003. You may alternatively send comments by facsimile to 
(805) 644-3958.

FOR FURTHER INFORMATION CONTACT: Jen Lechuga, HCP Coordinator, at the 
Ventura address above, or by telephone at (805) 644-1766 extension 224.

SUPPLEMENTARY INFORMATION: We have received an application from Pacific 
Renewable Energy Generation LLC for an incidental take permit under the 
Act (16 U.S.C. 1531 et seq.). We are considering issuing an incidental 
take permit (ITP) that would authorize the applicant's take of the 
federally endangered El Segundo Blue Butterfly (Euphilotes battoides 
allyni) incidental to otherwise lawful activities that would result in 
the loss of 356 plants of Coast Buckwheat, which serves as habitat for 
El Segundo Blue Butterfly near the west end of the Santa Ynez 
Mountains, 7 miles south of Lompoc, Santa Barbara County, California. 
We invite comments from the public on the application and associated 
documents, and on our preliminary determination that the HCP qualifies 
as a low-effect plan eligible for categorical exclusion under NEPA.

Background

    The El Segundo Blue Butterfly was listed as endangered on June 1, 
1976 (41 FR 22041). The Gaviota Tarplant was listed as endangered on 
March 20, 2000 (65 FR 14888) and has been listed as endangered under 
the state of California's Endangered Species Act (California Fish and 
Game Code, Sections 2050 et seq.) since January 1990. Section 9 of the 
Act (16 U.S.C. 1531 et seq.) and our implementing Federal regulations 
in the Code of Federal Regulations (CFR) at 50 CFR 17 prohibit the 
``take'' of fish or wildlife species listed as endangered or 
threatened. Take of listed fish or wildlife is defined under the Act as 
``to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or 
collect, or to attempt to engage in any such conduct'' (16 U.S.C. 
1532). However, under limited circumstances, we issue permits to 
authorize incidental take. ``Incidental Take'' is defined by the Act as 
take that is incidental to, and not the purpose of, carrying out of an 
otherwise lawful activity. Regulations governing incidental take 
permits for threatened and endangered species are, respectively, in the 
Code of Federal Regulations at 50 CFR 17.32 and 17.22. Issuance of an 
ITP also must not jeopardize the existence of federally listed fish, 
wildlife, or plant species.
    The Act's take prohibitions do not apply to federally listed plant 
species on private lands unless such take would be in violation of 
State law. In addition to meeting other criteria, the HCP's proposed 
actions must not jeopardize the existence of federally listed fish, 
wildlife, or plants. The applicant has submitted an application to the 
California Department of Fish and Game for an incidental take permit 
pursuant to the California Endangered Species Act.
    The applicant proposes to conduct 43 geotechnical borings about 8 
miles northwest of Point Conception, near the west end of the Santa 
Ynez Mountains, and 7 miles south of Lompoc, Santa Barbara County, 
California. The geotechnical borings will provide the data necessary to 
develop and complete the design and engineering plans for the Lompoc 
Wind Energy Project. Phase II of the Lompoc Wind Energy Project would 
involve the construction and operation of wind turbines. Any potential 
impacts to listed species caused by the construction and operation of 
the Lompoc Wind Energy Project will be addressed through a subsequent 
consultation or permitting process under the Act. The geotechnical 
boring project is viewed as a discrete action because it does not 
guarantee that Phase II would occur. The proposed project would result 
in temporary direct impacts to 0.69 acres of El Segundo Blue Butterfly 
habitat and 0.64 acres of the Gaviota Tarplant habitat.
    The applicant proposes to implement the following measures to 
minimize and mitigate for the loss of El Segundo Blue Butterfly habitat 
and Gaviota Tarplant within the permit area: (1) Establish a permanent 
conservation area that will preserve 712 coast buckwheat plants through 
a conservation easement and provide for the management of the area; (2) 
restore degraded native Central Coastal Scrub and Grassland habitats 
within the conservation area; (3) enhance 0.49 acres of Gaviota 
Tarplant; (4) design access routes to boring sites to minimize impacts 
to Gaviota Tarplant areas; (5) minimize ground disturbance; (6) use 
silt fencing and soil salvaging techniques to minimize impacts to the 
El Segundo Blue Butterfly and Gaviota Tarplant; (7) avoid flight season 
of the El Segundo Blue Butterfly; (8) conduct dust control, relocation 
of El Segundo Blue Butterflies, staging, and boundary delineation to 
minimize El Segundo Blue Butterfly impacts; and (9) conduct ongoing 
monitoring for both species to track compliance with the permit, the 
effects of the permitted activities, and effectiveness of the 
mitigation measures.
    In the proposed HCP, the applicant considers two alternatives to 
the taking

[[Page 65647]]

of the El Segundo Blue Butterfly and Gaviota Tarplant. The No Action 
alternative would maintain current conditions, the project would not be 
implemented, no impacts to the El Segundo Blue Butterfly and Gaviota 
Tarplant would occur, and an incidental take permit application would 
not be submitted to the Service. The second alternative would involve 
helicopter access to the site, which would eliminate the risk of 
driving over the listed plant species.
    We are requesting comments on our preliminary determination that 
the applicant's proposal will have a minor or negligible effect on the 
species covered in the plan, and that the plan qualifies as a ``low-
effect'' HCP as defined by our Habitat Conservation Planning Handbook 
(November 1996). We base our determination that the HCP qualifies as a 
low-effect HCP on the following three criteria: (1) Implementation of 
the applicant's project description in the HCP would result in minor or 
negligible effects on federally listed, proposed, and candidate species 
and their habitats; (2) implementation of the HCP would result in minor 
or negligible effects on other environmental values or resources; and 
(3) impacts of the HCP--considered together with the impacts of other 
past, present, and reasonably foreseeable similarly situated projects--
would not result, over time, in cumulative effects to the environmental 
values or resources that would be considered significant. Based upon 
our analysis of these criteria, we have made a preliminary 
determination that the approval of the HCP and issuance of an ITP 
qualify for categorical exclusions under the NEPA (42 U.S.C. 4321 et 
seq.), as provided by the Department of Interior Manual (516 DM 2 
Appendix 2 and 516 DM 8). Based upon our review of public comments that 
we receive in response to this notice, this preliminary determination 
may be revised.

Next Steps

    We will evaluate the HCP and comments we receive to determine 
whether the ITP application meets the requirements of section 
10(a)(1)(B) of the Act and implementing regulations (50 CFR 17.22). We 
will also evaluate whether issuance of a section 10(a)(1)(B) permit 
would comply with section 7 of the Act by conducting an intra-Service 
section 7 consultation. We will use the results of this consultation, 
in combination with the above findings, in our final analysis to 
determine whether or not to issue an ITP. If the requirements are met, 
we will issue the ITP to the applicant for the incidental take of the 
El Segundo Blue Butterfly. We will make the final permit decision no 
sooner than 30 days after the date of this notice.

Public Comments

    If you wish to comment on the permit application, HCP, and 
associated documents, you may submit comments by any one of the methods 
in ADDRESSES.

Public Availability of Comments

    Before including your address, phone number, e-mail 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.

Authority

    We provide this notice under section 10 of the Act (U.S.C. 1531 et 
seq.) and NEPA regulations (40 CFR 1506.6).

    Dated: October 19, 2010.
Diane K. Noda,
Field Supervisor, Ventura Fish and Wildlife Office, Ventura, 
California.
[FR Doc. 2010-27002 Filed 10-25-10; 8:45 am]
BILLING CODE 4310-55-P