82 FR 1750 - Proposed Bakersfield Habitat Conservation Plan/Natural Community Conservation Plan, California; Scoping for Environmental Impact Statement

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 82, Issue 4 (January 6, 2017)

Under the National Environmental Policy Act, we, the U.S. Fish and Wildlife Service, intend to prepare a draft environmental impact statement (EIS) for the proposed habitat conservation plan/natural community conservation plan for the City of Bakersfield, hereafter referred to as the Bakersfield Habitat Conservation Plan (BHCP). The BHCP will streamline and coordinate existing processes for review and permitting of public and private activities that potentially affect covered species, while providing long-term conservation of covered species in the plan area. The draft EIS is being prepared under the Endangered Species Act of 1973, as amended, and the California Natural Community Conservation Planning Act. We announce meetings and invite comments.

[Federal Register Volume 82, Number 4 (Friday, January 6, 2017)]
[Notices]
[Pages 1750-1753]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-00002]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2016-N166; FF08ESMF00-FXES11120800000-156]


Proposed Bakersfield Habitat Conservation Plan/Natural Community 
Conservation Plan, California; Scoping for Environmental Impact 
Statement

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of intent; notice of public scoping meeting; request for 
comments.

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SUMMARY: Under the National Environmental Policy Act, we, the U.S. Fish 
and Wildlife Service, intend to prepare a draft environmental impact 
statement (EIS) for the proposed habitat conservation plan/natural 
community conservation plan for the City of Bakersfield, hereafter 
referred to as the Bakersfield Habitat Conservation Plan (BHCP). The 
BHCP will streamline and coordinate existing processes for review and 
permitting of public and private activities that potentially affect 
covered species, while providing long-term conservation of covered 
species in the plan area. The draft EIS is being prepared under the 
Endangered Species Act of 1973, as amended, and the California Natural 
Community Conservation Planning Act. We announce meetings and invite 
comments.

DATES: 
    Submitting Comments: To ensure consideration, please send your 
written comments by February 21, 2017.
    Public Meeting: A public scoping meeting will be held on Tuesday, 
January 24, 2017: From 5 p.m. to 7 p.m. The meeting will take place in 
the 3rd floor conference room, City of Bakersfield Community 
Development Department, 1715 Chester Avenue, Bakersfield, CA 93301.

ADDRESSES: To request further information or submit written comments, 
please use one of the following methods, and note that your information 
request or comment is in reference to the Bakersfield Habitat 
Conservation Plan:
     U.S. Mail: U.S. Fish and Wildlife Service, Sacramento Fish 
and Wildlife Office, 2800 Cottage Way, Room W-2605, Sacramento, CA 
95825.
     In-Person Drop-Off, Viewing, or Pickup: Call (916) 414-
6600 to make an appointment during regular business hours to drop off 
comments or view received comments at the above location.
     Fax: U.S. Fish and Wildlife Service, (916) 414-6713, 
Attn.: Thomas Leeman.

FOR FURTHER INFORMATION CONTACT: Justin Sloan, Senior Biologist, or 
Thomas Leeman, Chief, San Joaquin Valley Division, Sacramento Fish and 
Wildlife Office, by phone at (916) 414-6600 or by U.S. mail at the 
above address. If you use a telecommunications device for the deaf, 
please call the Federal Information Relay Service at (800) 877-8339.

SUPPLEMENTARY INFORMATION:

Introduction

    We, the U.S. Fish and Wildlife Service (Service), intend to prepare 
a draft environmental impact statement (EIS) to evaluate the impacts of 
several alternatives related to the potential issuance of an incidental 
take permit (ITP), as well as impacts of the implementation of the 
supporting proposed habitat conservation plan/natural community 
conservation plan, which we will refer to as the Bakersfield Habitat 
Conservation Plan (BHCP). The EIS will be a joint EIS/environmental 
impact report (EIS/EIR), for which the Service, City of Bakersfield, 
and the California Department of Fish and Wildlife (CDFW) intend to 
gather information necessary for preparation.
    The BHCP is designed to be a comprehensive regional plan that will 
provide long-term conservation and management of natural communities, 
sensitive species, and the habitats upon which those species depend, 
while accommodating other important uses of the land. It is intended to 
serve as a habitat conservation plan pursuant to the Endangered Species 
Act of 1973, as amended (16 U.S.C. 1531 et seq.; Act), and as a natural 
community conservation plan under the California Natural Community 
Conservation Planning Act.
    The BHCP will address State and Federal endangered species 
compliance requirements for the City of Bakersfield, Kern County, 
California State University-Bakersfield, Bakersfield College, and 
individual school districts within the BHCP plan area. The plan area 
generally includes the San Joaquin

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Valley floor portion of Kern County. The permit applicants are 
currently preparing a complete draft of the BHCP as an HCP/NCCP, and 
the permitting agencies (Service and CDFW) are assisting and will be 
proceeding with agency review and finalization in the coming months. 
The permit applicants intend to apply for a 30-year incidental take 
permit (ITP) from the Service. The permittees are seeking authorized 
incidental take of threatened and endangered species that could result 
from activities covered under the BHCP. We announce meetings and invite 
comments.
    The Service will serve as the administrative lead for all actions 
related to this Federal Register notice for the EIS component of the 
EIS/EIR. The City of Bakersfield will serve as the State lead agency 
under the California Environmental Quality Act (CEQA) for the EIR 
component. The City of Bakersfield, in accordance with CEQA, is 
publishing a similar notice.

Project Summary

    The plan is being prepared under the combined efforts of the City 
of Bakersfield and the U.S. Fish and Wildlife Service, in coordination 
with Kern County and the CDFW. The BHCP will streamline and coordinate 
existing processes for review and permitting of public and private 
activities that potentially affect covered species (see Covered 
Species), while providing long-term conservation of covered species in 
the plan area.
    To meet this goal, the BHCP sets out a conservation strategy that 
includes measures to ensure that impacts to covered species and 
habitats related to covered activities (see Covered Activities) are 
avoided, minimized, and/or mitigated, as appropriate. These covered 
activities encompass the range of existing and future activities that 
the City, County, private developers, or other permittees will 
implement within the permit area. These activities include urban and 
rural development and a variety of road, water, and other needed public 
infrastructure, construction, and maintenance activities. The BHCP is 
further intended to facilitate the role and responsibility of local 
government in overseeing local land use planning and decision-making 
while protecting endangered species in the area.

Background

    Section 9 of the Act (16 U.S.C. 1531 et seq.) prohibits the 
``take'' of wildlife species listed as endangered or threatened. The 
Act defines the term ``take'' as to harass, harm, pursue, hunt, shoot, 
wound, kill, trap, capture, or collect listed species, or to attempt to 
engage in such conduct (16 U.S.C. 1532). Harm includes significant 
habitat modifications or degradation that actually kill or injure 
listed wildlife by significantly impairing essential behavioral 
patterns, including breeding, feeding, and sheltering (50 CFR 17.3(c)). 
Pursuant to section 10(a)(1)(B) of the Act, we may issue permits to 
authorize ``incidental take'' of listed species. ``Incidental take'' is 
defined by the Act as take that is incidental to, and not the purpose 
of, carrying out an otherwise lawful activity. Service regulations 
governing permits for threatened species and endangered species, 
respectively, are promulgated in 50 CFR 17.22 and 17.32.
    Section 10(a)(1)(B) of the Act contains provisions for issuing such 
ITPs to non-Federal entities for the take of endangered and threatened 
species, provided the following criteria are met:
     The take will be incidental;
     The applicants will, to the maximum extent practicable, 
minimize and mitigate the impact of such taking;
     The applicants will develop a proposed HCP and ensure that 
adequate funding for the plan will be provided;
     The taking will not appreciably reduce the likelihood of 
the survival and recovery of the species in the wild; and
     The applicants will carry out any other measures that the 
Service may require as being necessary or appropriate for the purposes 
of the HCP.
    Thus, the purpose of issuing an ITP is to allow the applicants, 
under their respective regional authority, to authorize development 
while conserving the covered species and their habitat. Implementation 
of a multispecies HCP, rather than a species-by-species or project-by-
project approach, will maximize the benefits of conservation measures 
for covered species and eliminate expensive and time-consuming efforts 
associated with processing individual ITPs for each project within the 
applicants' proposed plan area. The Service expects that the permit 
applicants will request ITP coverage for a period of 30 years.

Plan Area

    The plan area proposed is 2,259,627 acres, or 3,530 square miles. 
This plan area was developed to ensure that the natural resources that 
might be affected by covered activities can be adequately assessed at a 
regional scale and that sufficient mitigation opportunities are 
available.
    The northern boundary of the study area is defined by the Kern 
County border with Tulare and Kings Counties. The boundary encompasses 
land acquisition opportunities near existing protected areas on the 
southern San Joaquin Valley floor (e.g., Buttonwillow Ecological 
Reserve, Semitropic Ridge Natural Area, Kern National Wildlife Refuge 
(NWR), Allensworth Ecological Reserve, and Pixley NWR). The western 
boundary of the study area runs along the shared border of Kern County 
and San Luis Obispo County. The southwestern boundary of the study area 
extends to the boundary with San Luis Obispo, Santa Barbara and Ventura 
Counties. The southern and southeastern boundary then follows the 
northern boundary of the Tehachapi Uplands Multi-Species HCP, which 
covers most of Tejon Ranch. The eastern boundary follows the ecological 
boundary between annual grassland of the San Joaquin Valley and oak 
woodlands.

Covered Activities

    Covered activities include projects or ongoing activities that will 
receive incidental take authorization by the ESA and NCCP permits. 
Covered activities in the BHCP fall into eight general categories:
    1. Urban development;
    2. Transportation and circulation infrastructure;
    3. Flood control;
    4. Sewer and water treatment facilities;
    5. Landfills;
    6. Airports;
    7. Conservation strategy implementation; and
    8. Operations and maintenance activities in urban areas

Covered Species

    Covered species are those species addressed in the proposed BHCP 
for which conservation actions will be implemented and for which the 
permit applicants will seek incidental take authorizations for a period 
of up to 30 years. Proposed covered species are expected to include 
threatened and endangered species listed under the Act, species listed 
under the CESA, and currently unlisted species that have the potential 
to become listed during the life of the BHCP and have some likelihood 
to occur within the BHCP plan area. The plan proposes coverage for 14 
listed and non-listed species, which include 8 animal species and 6 
plant species. These covered species are expected to be named on the 
ESA (Section 10) and NCCP Act (Section 2035) permits. The BHCP will 
provide long-term conservation and management of these species. The 14 
covered species were identified on the

[[Page 1752]]

basis of an initial assessment of the effect of covered activities and 
conservation measures on 183 species that are listed or that could 
become listed during the permit term in the study area. The list of 
proposed covered species may change as the planning process progresses; 
species may be added or removed as more is learned about the nature of 
covered activities and their impact within the plan area.
    The following federally listed endangered wildlife species are 
proposed to be covered by the BHCP: Blunt-nosed leopard lizard 
(Gambelia silus), least Bell's vireo (Vireo bellii pusillus), Buena 
Vista Lake shrew (Sorex ornatus relictus), Tipton kangaroo rat 
(Dipodomys nitratoides nitratoides), and San Joaquin kit fox (Vulpes 
macrotis mutica).
    The following unlisted wildlife species are proposed to be covered 
by the BHCP: Swainson's hawk (Buteo swainsoni), western burrowing owl 
(Athene cunicularia hypugaea), and San Joaquin antelope squirrel 
(Ammospermophilus nelsoni).
    Take as defined under the Act does not apply to listed plant 
species, and therefore cannot be authorized under a section 10 permit. 
However, the permit applicants propose to include plant species on the 
permit in recognition of the conservation benefits provided for them 
under an HCP. For the purposes of the plan, certain plant species are 
further included to meet regulatory obligations under section 7 of the 
Act and CESA. All species included on an ITP would receive assurances 
under the Service's ``No Surprises'' regulations found in 50 CFR 
17.22(b)(5) and 17.32(b)(5). The federally listed endangered San 
Joaquin woollythreads (Monolopia congdonii) and Bakersfield cactus 
(Opuntia treleasei) are proposed for inclusion in the BHCP in 
recognition of the conservation benefits provided for them under the 
BHCP. The following unlisted plant species are proposed for inclusion 
in the BHCP in recognition of the conservation benefits provided for 
them under the BHCP and the assurances permit holders would receive if 
they are included on a permit: Alkali mariposa-lily (Calochortus 
striatus), rose-flowered larkspur (Delphinium purpusii), recurved 
larkspur (Delphinium recurvatum), and Shevock's golden-aster 
(Heterotheca shevockii).

Environmental Impact Statement

    Before deciding whether to issue the requested Federal ITP, the 
Service will prepare a draft EIS in order to analyze the environmental 
impacts associated with issuance of the ITP. In the EIS component of 
the EIS/EIR, the Service will consider the following alternatives: (1) 
The proposed action, which includes the issuance of take authorizations 
consistent with the proposed BHCP under section 10(a)(1)(B) of the Act; 
(2) no action (no permit issuance); and (3) a reasonable range of 
additional alternatives. The EIS/EIR will include a detailed analysis 
of the impacts of the proposed action and alternatives. The range of 
alternatives could include variations in impacts, conservation, permit 
duration, Covered Species, Covered Activities, Permit Area, or a 
combination of these elements.
    The EIS/EIR will identify and analyze potentially significant 
direct, indirect, and cumulative impacts of our authorization of 
incidental take (permit issuance) and the implementation of the 
proposed BHCP on biological resources, land uses, utilities, air 
quality, water resources, cultural resources, socioeconomics and 
environmental justice, recreation, aesthetics, climate change and 
greenhouse gases, and other environmental issues that could occur with 
implementation of each alternative. The Service will also identify 
measures to avoid or minimize any significant effects of the proposed 
action on the quality of the human environment.
    Following completion of the environmental review, the Service will 
publish a notice of availability and a request for comment on the draft 
EIS/EIR and the applicants' permit application, which will include the 
proposed the BHCP.

Request for 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. We will consider these comments in developing a draft EIS/EIR 
and in the development of an HCP and ITP. We particularly seek comments 
on the following:
    1. Biological information concerning species in the proposed plan 
area;
    2. Relevant data concerning these 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;
    5. The presence of archaeological 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 development and permit action.
    You may submit your comments and materials by one of the methods 
listed in the ADDRESSES section.

Public Availability of Comments

    Comments and materials we receive become part of the public record 
associated with this action; they will be available for public 
inspection by appointment during normal business hours (Monday through 
Friday, 8 a.m. to 4:30 p.m.) at the Service's Sacramento address (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 
request in your comment that we withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so. All submissions from organizations or businesses, and 
from individuals identifying themselves as representatives or officials 
of organizations or businesses, will be made available for public 
disclosure in their entirety.

Scoping Meetings

    See DATES for the date and time of the scheduled public meeting. 
The purpose of the scoping meeting is to provide the public with a 
general understanding of the background of the proposed HCP and 
activities it would cover, alternative proposals under consideration 
for the draft EIS, and the Service's role and steps to be taken to 
develop the draft EIS for the proposed HCP/NCCP.
    The primary purpose of these meetings and public comment period is 
to solicit suggestions and information on the scope of issues and 
alternatives for the Service to consider when drafting the EIS. Written 
comments will be accepted at the meeting. Comments can also be 
submitted by methods listed in the ADDRESSES section. Once the draft 
EIS and proposed HCP/NCCP are complete and made available for review, 
there will be additional opportunity for public comment on the content 
of these documents through additional public comment periods.

Meeting Location Accommodations

    Persons needing reasonable accommodations in order to attend and 
participate in the public meetings

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should contact Thomas Leeman at (916) 414-6600 as soon as possible. In 
order to allow sufficient time to process requests, please call at 
least one week before the public meeting. Information regarding this 
proposed action is available in alternative formats upon request.

Authority

    We publish this notice under the National Environmental Policy Act 
(42 U.S.C. 4321 et seq.) and its implementing regulations (40 CFR 
1501.7, 1506.6, and 1508.22), as well as in compliance with section 
10(c) of the Act (16 U.S.C. 1531 et seq.).

    Dated: December 29, 2016.
Alexandra Pitts,
Deputy Regional Director, U.S. Fish and Wildlife Service, Pacific 
Southwest Region, Sacramento, California.
[FR Doc. 2017-00002 Filed 1-5-17; 8:45 am]
 BILLING CODE 4333-15-P