[Federal Register Volume 80, Number 8 (Tuesday, January 13, 2015)]
[Notices]
[Pages 1660-1662]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-00390]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2014-N240; FF08E00000-FXES11120800000-145]


Draft Environmental Assessment and Proposed Wright Solar Park 
Multi-Species Habitat Conservation Plan, Merced County, California

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability and request for comment; permit 
application, draft environmental assessment, proposed habitat 
conservation plan.

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SUMMARY: This notice advises the public that we, the U.S. Fish and 
Wildlife Service (Service), have prepared a draft environmental 
assessment (EA) under the National Environmental Policy Act of 1969, as 
amended (NEPA), in response to an application from Wright Solar Park, 
LLC (the applicant) for an incidental take permit (ITP) pursuant to the 
Endangered Species Act of 1973, as amended (Act). The applicant has 
prepared the draft Wright Solar Park Habitat Conservation Plan (HCP) to 
describe and implement a conservation plan that will minimize and 
mitigate environmental effects associated with the construction, 
operation, maintenance, and decommissioning of an up-to-200-megawatt 
photovoltaic power generating facility and implementation of 
conservation actions associated with the Habitat Conservation Plan in 
Merced County, California. We also announce a 60-day public comment 
period on the permit application, including the draft EA and the 
proposed HCP. 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.

DATES: To ensure consideration, please send your written comments by 
March 16, 2015.

ADDRESSES: Please address written comments to Mike Thomas, Chief, 
Conservation Planning Division, Sacramento Fish and Wildlife Office, 
2800 Cottage Way, W-2605, Sacramento, CA 95825. Alternatively, you may 
send comments by facsimile to (916) 414-6713.

FOR FURTHER INFORMATION CONTACT: Mike Thomas, Chief, Conservation 
Planning Division, or Eric Tattersall, Deputy Assistant Field 
Supervisor, at the address in ADDRESSES or at (916) 414-6600 
(telephone). If you use a telecommunications device for the deaf, 
please call the Federal Information Relay Service at (800) 877-8339.

SUPPLEMENTARY INFORMATION: This notice advises the public that we, the 
U.S. Fish and Wildlife Service (Service), have prepared a draft 
environmental assessment (EA) under the National Environmental Policy 
Act of 1969, as amended (NEPA), in response to an application from 
Wright Solar Park, LLC (the applicant) for an incidental take permit 
(ITP) pursuant to the Endangered Species Act of 1973, as amended (Act). 
The application addresses the proposed incidental take (take) of three 
animal species proposed as ``covered species'' within a 5,181-acre 
permit area during a proposed permit term of 40 years. The applicant 
has prepared the draft Wright Solar Park Habitat Conservation Plan 
(HCP) to describe and implement a conservation plan that will minimize 
and mitigate environmental effects associated with the construction, 
operation, maintenance, and decommissioning of an up-to-200-megawatt 
photovoltaic power generating facility and implementation of 
conservation actions associated with the Habitat Conservation Plan in 
Merced County, California. We also announce a 90-day public comment 
period on the permit application, including the draft EA and the 
proposed HCP. 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.
    We publish this notice under the National Environmental Policy Act 
of 1969, as amended (42 U.S.C. 4321-4347 et seq.; NEPA), and its 
implementing regulations in the Code of Federal Regulations (CFR) at 40 
CFR parts 1500-1508, as well as in compliance with section 10(c) of the 
Endangered Species Act (16 U.S.C. 1531-1544 et seq.; Act).

Availability of Documents

    You may obtain copies of the draft EA and the draft HCP from the 
individuals in FOR FURTHER INFORMATION CONTACT, or from the Sacramento 
Fish and Wildlife Office Web site at http://www.fws.gov/sacramento. 
Copies of these documents are also available for public inspection, by 
appointment, during regular business hours, at the Sacramento Fish and 
Wildlife Office (see ADDRESSES).

Background Information

    Section 9 of the Act (16 U.S.C. 1531-1544 et seq.) and Federal 
regulations (50 CFR part 17) prohibit the taking of fish and wildlife 
species listed as endangered or threatened under section 4 of the Act. 
``Take'' of federally listed fish or wildlife is defined under the Act 
as to ``harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, 
or collect, or attempt to engage in such conduct'' (16 U.S.C. 1532(19). 
The term ``harm'' is defined in the regulations as ``an act which 
actually kills or injures wildlife. Such act may include significant 
habitat modification or degradation where it actually kills or injures 
wildlife by significantly impairing essential behavioral patterns, 
including breeding, feeding, or sheltering'' (50 CFR 17.3).

[[Page 1661]]

However, under specified circumstances, the Service may issue permits 
that allow the take of federally listed fish and wildlife species, 
provided that the take that occurs is incidental to, but not the 
purpose of, an otherwise lawful activity.
    Regulations governing permits for endangered and threatened species 
are at 50 CFR 17.22 and 17.32, respectively. Section 10(a)(1)(B) of the 
Act contains provisions for issuing such incidental take permits to 
non-Federal entities for the take of endangered and threatened species, 
provided the following criteria are met:
    (1) The taking will be incidental;
    (2) The applicants will minimize and mitigate the impact of such 
taking to the maximum extent practicable;
    (3) The applicants will develop a proposed HCP and ensure that 
adequate funding for the HCP will be provided;
    (4) The taking will not appreciably reduce the likelihood of the 
survival and recovery of the species in the wild; and
    (5) The applicants will carry out any other measures that the 
Service may require as being necessary or appropriate for the purposes 
of the HCP.
    The draft HCP addresses, and the applicant seeks incidental take 
authorization for, three animal species (two federally endangered and 
one federally threatened). The proposed permit would provide take 
authorization for all species identified in the draft HCP as covered 
species.
    The following two federally listed as endangered species are 
proposed to be included as covered species in the proposed HCP:

Blunt-nosed leopard lizard (Gambelia sila)
San Joaquin kit fox (Vulpes macrotis mutica)

    The following federally listed as threatened species is proposed to 
be included as a covered species in the proposed HCP:

    Central California distinct population segment of the California 
tiger salamander (Ambystoma californiense)

    Implementation of activities proposed for coverage under the 
proposed ITP includes the following general categories:
    (1) Construction and operation activities within solar sites;
    (2) Management and maintenance activities within movement 
corridors;
    (3) Management activities within the areas designated for 
conservation (conservation sites), including monitoring and reporting 
actions;
    (4) Activities associated with implementation of the conservation 
program specified in the draft HCP;
    (5) Decommissioning; and
    (6) Implementation of the conservation program.
    Construction-related activities could include grading and 
compaction, trenching, paving of access roads, installation of solar 
arrays, meteorological stations, transmission lines, septic leech 
fields, fencing, and landscaping. Construction of solar facilities is 
anticipated to be completed over a 26-month period from the 
commencement of the initial development, and is anticipated to be 
complete by late 2016. Operation-related activities could include solar 
panel maintenance, on-site parking, operation of solar modules, 
inspection, repair of equipment, and operation of lighting. Typical 
activities associated with decommissioning of the solar energy facility 
include removal of all solar electric systems, buildings, cabling, 
electrical components; breaking up of concrete pads and foundations; 
removal of access roads; additional grading; and replacement of soil 
disturbed from decommissioning. Preservation/enhancement and 
conservation plan management activities could include vegetation 
control (i.e., grazing and mowing), fence installation, and special 
status species monitoring (i.e., surveys such as trapping, use of 
remote cameras, and spotlighting).
    The proposed covered activities related to development, operations, 
maintenance and decommissioning of the solar sites would result in the 
permanent or temporary disturbance of up to 2,731 acres of existing 
land cover within the proposed 5,181-acre permit area. The proposed 
covered activities related to management of the conservation sites 
would also result in some disturbance of land cover, but overall these 
actions are expected to benefit the covered species. The solar site 
parcels encompass 2,731 acres, and conservation sites total 2,450 
acres. The covered lands within the solar park area consist of low 
rolling hills, and are currently actively used as dry-farmed 
agricultural land. Surrounding land uses include open space, rangeland, 
active and inactive agricultural land, and some existing and potential 
urban development. The proposed HCP conservation strategy prescribes 
conditions for implementing each covered activity that avoid or 
minimize potential take of the covered species, and identifies 
mitigation for species impacts that cannot be avoided.

National Environmental Policy Act Compliance

    Our proposed permit issuance decision triggers compliance with 
NEPA, which requires that environmental information be available to 
public officials and citizens before Federal decisions are made and 
before Federal actions are taken. We prepared the draft EA to inform 
the public of the proposed HCP; our proposed permit action; 
alternatives to that action; the environmental impacts of the 
alternatives, including the proposed action; and any irreversible 
commitments of resources; and to address comments received during early 
public scoping efforts.

Alternatives in the Draft Environmental Assessment

    The Service is providing notice of the availability of our draft 
EA, which evaluates the impacts of the Proposed Action Alternative 
(including the HCP), and a No Action Alternative.
    No Action Alternative: Under the No Action Alternative, we would 
not issue an incidental take permit to the applicant; the applicant 
would not implement an HCP and would avoid the take of the proposed 
covered species. The No Action Alternative would not address the 
applicant's underlying needs, would not contribute to meeting the State 
of California's renewable energy goals, and would not assist with the 
offset of carbon emissions. The 5,181 acres identified as the permit 
area would likely remain as agricultural land and undisturbed open 
space, and the 2,731 acres identified as conservation sites would not 
be permanently conserved. As a result, there would be no conservation 
benefit to covered species as a result of the Proposed Action. 
Agricultural activities, such as disking and harvesting, would likely 
continue, resulting in continued reduced habitat quality as a result of 
frequent vegetation removal and soil disturbance within the solar park 
area.
    Proposed Action Alternative: Under the Proposed Action Alternative, 
we would issue an incidental take permit for the applicant's proposed 
HCP, which includes the covered activities and the conservation 
measures described in Background Information, and described with more 
detail in the applicant's proposed Wright Solar Park Habitat 
Conservation Plan.

Public Comments

    We request data, comments, new information, or suggestions from the 
public, other concerned governmental agencies, the scientific 
community,

[[Page 1662]]

Tribes, industry, or any other interested party on this notice. 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 subject area and their 
possible impacts on the species; and
    (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) Identification of any other environmental issues that should be 
considered with regard to the proposed transmission line and permit 
action.
    You may submit your comments and materials by one of the methods 
listed in ADDRESSES. Comments and materials we receive, as well as 
supporting documentation we used in preparing the EA, will be available 
for public inspection by appointment, during normal business hours, at 
our office (see FOR FURTHER INFORMATION CONTACT).

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. We 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 Act. If we determine that those requirements are 
met, we will issue a permit to the applicant for the incidental take of 
desert tortoise. We will make our final permit decision no sooner than 
30 days after the public comment period closes.

    Dated: January 7, 2015.
Paul B. McKim,
Acting Deputy Regional Director, Fish and Wildlife Service, Pacific 
Southwest Region, Sacramento, California.
[FR Doc. 2015-00390 Filed 1-12-15; 8:45 am]
BILLING CODE 4310-55-P