82_FR_25406 82 FR 25302 - Joint Draft Environmental Impact Statement and Environmental Impact Report, Joint Draft Habitat Conservation Plan and Natural Community Conservation Plan; Yolo County, California

82 FR 25302 - Joint Draft Environmental Impact Statement and Environmental Impact Report, Joint Draft Habitat Conservation Plan and Natural Community Conservation Plan; Yolo County, California

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 82, Issue 104 (June 1, 2017)

Page Range25302-25304
FR Document2017-11295

We, the U.S. Fish and Wildlife Service, announce the availability of a joint draft environmental impact statement and draft environmental impact report (draft EIS/EIR) under the National Environmental Policy Act of 1967, as amended. We also announce receipt of applications for an incidental take permit under the Endangered Species Act of 1973, as amended, and receipt of a draft habitat conservation plan and natural community conservation plan.

Federal Register, Volume 82 Issue 104 (Thursday, June 1, 2017)
[Federal Register Volume 82, Number 104 (Thursday, June 1, 2017)]
[Notices]
[Pages 25302-25304]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-11295]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2017-N053]; [FF08ESMF00-FXES11140800000-178]


Joint Draft Environmental Impact Statement and Environmental 
Impact Report, Joint Draft Habitat Conservation Plan and Natural 
Community Conservation Plan; Yolo County, California

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability of permit application; request for 
comment.

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SUMMARY: We, the U.S. Fish and Wildlife Service, announce the 
availability of a joint draft environmental impact statement and draft 
environmental impact report (draft EIS/EIR) under the National 
Environmental Policy Act of 1967, as amended. We also announce receipt 
of applications for an incidental take permit under the Endangered 
Species Act of 1973, as amended, and receipt of a draft habitat 
conservation plan and natural community conservation plan.

DATES: Submitting Comments: To ensure consideration, written comments 
must be received by August 30, 2017.
    Public Meetings: Two public meetings will be held:
    1. Tuesday, June 27, 2017; 1:00-3:00 p.m., Yolo County Board of 
Supervisors Chambers, 625 Court Street, Room 206, Woodland, California, 
95695.
    2. Thursday, June 29, 2017; 6:30-8:30 p.m., Davis Senior Center, 
646 A Street, Davis, California, 95616.

ADDRESSES: Submitting Comments: Please address written comments to Mike 
Thomas, Chief, Conservation Planning Division; or Eric Tattersall, 
Assistant Field Supervisor, by mail/hand-delivery at U.S. Fish and 
Wildlife Service, Sacramento Fish and Wildlife Office, 2800 Cottage 
Way, W-2605, Sacramento, California 95825; or by facsimile to (916) 
414-6713. You may telephone (916) 414-6600 to make an appointment 
during regular business hours to drop off comments at the Sacramento 
Fish and Wildlife Office.
    Please send comments related specifically to the California 
Environmental Quality Act (CEQA) process to Petrea Marchand, Executive 
Director, Yolo Habitat Conservancy, 611 North Street, Woodland, CA 
95695.
    Reviewing Documents: You may obtain electronic copies of the draft 
habitat conservation plan and natural community conservation plan and 
draft EIS/EIR from the Sacramento Fish and Wildlife Office Web site at 
http://www.fws.gov/sacramento or the Yolo Habitat Conservancy's Web 
site at http://www.yolohabitatconservancy.org. Copies of these 
documents are also available for public inspection, by appointment, 
during regular business hours, at the Sacramento Fish and Wildlife 
Office and at the following libraries: Mary L. Stephens Davis Library, 
315 E. 14th Street, Davis, California 95616; Arthur F. Turner Community 
Library, 1212 Merkley Avenue, West Sacramento, California 95691; 
Woodland Public Library, 250 1st Street, Woodland, California 95695; 
Winters Community Library, 708 Railroad Avenue, Winters, California 
95694; and the Yolo Branch Library, 37750 Sacramento Street, Yolo, 
California 95697.

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

SUPPLEMENTARY INFORMATION: This notice advises the public that we, the 
U.S. Fish and Wildlife Service (Service), announce the availability of 
a draft EIS/EIR, prepared pursuant to the National Environmental Policy 
Act of 1967, as amended (42 U.S.C. 4321 et seq.; NEPA), and its 
implementing

[[Page 25303]]

regulations in the Code of Federal Regulations (CFR) at 40 CFR 1506.6.
    This notice also announces the receipt of applications from the 
Yolo Habitat Conservancy, County of Yolo, and the cities of Davis, West 
Sacramento, Winters, and Woodland (collectively applicants), for a 50-
year incidental take permit (ITP) under the Endangered Species Act of 
1973, as amended (16 U.S.C. 1531 et seq.; Act). The applicants prepared 
the draft Yolo Habitat Conservation Plan and Natural Community 
Conservation Plan (Draft Plan) pursuant to section 10(a)(1)(B) of the 
Act and the California Natural Community Conservation Planning Act of 
2002 (NCCPA). The applicants are requesting the authorization of 
incidental take for 12 covered species that could result from 
activities covered under the Draft Plan.

Background Information

    Section 9 of the Act (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 Act. 
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 http://www.fws.gov/endangered/esa-library/pdf/hcp.pdf.

Proposed Action Alternative

    The Service would issue an ITP to the applicants for a period of 50 
years for certain covered activities (described below). The applicants 
have requested an ITP for 12 covered species (described below), 11 
animals and 1 plant, of which, 5 animals and 1 plant are currently 
listed as threatened or endangered under the Act.

Plan Area

    The geographic scope of the Draft Plan includes all lands within 
Yolo County, totaling approximately 653,549 acres, and 1,174 acres in 
Solano County on the south side of Putah Creek, for a total combined 
area of 654,723 acres (Plan Area).

Covered Activities

    The proposed section 10 ITP would allow take of 12 covered species 
resulting from certain covered activities in the proposed Plan Area. 
The applicants are requesting incidental take authorization for these 
12 covered species that could be affected by activities identified in 
the Draft Plan. The Draft Plan covers the following five general 
categories of covered activities (collectively, Covered Activities):
    1. Urban projects and activities, which include general urban 
development, urban public services, infrastructure, and utilities, and 
urban projects in rural areas.
    2. Rural projects and activities, which include general rural 
development, rural public services, infrastructure, and utilities, 
agricultural economic development, aggregate mining, and open space.
    3. Public and private operations and maintenance activities.
    4. Conservation strategy implementation, which includes habitat 
restoration, management, and enhancement activities throughout the 
reserve system.
    5. Neighboring landowner agreements.

Covered Species

    Covered species are those 12 species addressed in the Draft Plan 
for which conservation actions will be implemented and for which the 
applicants are seeking an ITP for a period of 50 years. Proposed 
covered species include those listed as threatened or endangered under 
the Act, species listed under the California Endangered Species Act 
(CESA), as well as currently unlisted species that have the potential 
to become listed during the life of the Draft Plan.
    The following federally listed threatened and endangered wildlife 
species are proposed to be covered by the Draft Plan: Threatened 
California tiger salamander (Central Distinct Population Segment (DPS)) 
(Amystoma californiense), threatened Valley elderberry longhorn beetle 
(Desmocerus californicaus dimorphus), threatened giant garter snake 
(Thamnophis gigas), threatened western yellow-billed cuckoo (Coccyzus 
americanus occidentalis), and endangered Least Bell's vireo (Vireo 
belli pusillus). The following non-listed wildlife species are also 
proposed to be covered by the Draft Plan: Western pond turtle 
(Actinemys marmorata), Swainson's hawk (Buteo swainsoni), white-tailed 
kite (Elanus leucurus), western burrowing owl (Athene cunicularia 
hypugaea), bank swallow (Riparia riparia), and tricolored blackbird 
(Agelaius tricolor). One federally listed plant species, the endangered 
palmate-bracted bird's beak (Chloropyron palmatum), is also proposed to 
be covered by the Draft Plan, in recognition of the conservation 
benefits provided for it in the Draft Plan. Collectively, these 12 
species comprise the Covered Species addressed by the Draft Plan. All 
species included on the ITP would receive assurances under the 
Service's ``No Surprises'' regulations found in 50 CFR 17.22(b)(5) and 
17.32(b)(5).
    Take of federally listed plant species is not prohibited on non-
Federal land under the Act, and cannot be authorized under a section 10 
permit, but one plant species is included in the Draft Plan and 
proposed to be included on the ITP in recognition of the conservation 
benefits provided for it under the Draft Plan and because of the 
assurances the applicants would receive if it is included on the ITP.

National Environmental Policy Act Compliance

    The draft EIS/EIR was prepared to analyze the impacts of issuing an 
ITP based on the Draft Plan and to inform the public of the proposed 
action, alternatives, and associated impacts and to disclose any 
irreversible commitments of resources.
    The proposed permit issuance triggers the need for compliance with 
NEPA. For the purposes of NEPA, the Proposed Action Alternative 
presented in the Draft EIS/EIR is 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. For purposes of the California Environmental Quality 
Act the proposed action alternative is compared to existing conditions.
    The Service published a notice of intent (NOI) to prepare a joint 
environmental impact statement and environmental impact report in the 
Federal Register on October 21, 2011 (76 FR 65527). The NOI announced a 
45-day public scoping period, during which the public was invited to 
provide written comments and attend two public scoping meetings, which 
were held on November 7, 2011, in West Sacramento, California.

No-Action Alternative

    Under the No-Action Alternative, the Service would not issue an ITP 
to the Applicants, and the Draft Plan would not be implemented. Under 
this alternative, individual projects carried out by or approved by one 
or more of the applicants that may adversely affect federally listed 
species would require project-level consultation with the Service 
pursuant to section 7 or section 10 of the Act. Because the applicants 
and private developers would generate environmental documentation and 
apply for permits on a project-by-project basis, there would not be a 
comprehensive program to coordinate and standardize mitigation 
requirements of the Act within the Plan Area.

[[Page 25304]]

Reduced Take Alternative

    The Reduced Take Alternative would include the same categories of 
covered activities as the Proposed Action Alternative; however, under 
this Alternative, eight geographic areas designated for development 
under the Proposed Action Alternative that would result in take of 
Covered Species would not be permitted. These locations are in the 
vicinity of Clarksburg, Davis, the Dunnigan Specific Plan, West 
Sacramento, and Woodland (see Exhibit 2-6 in the EIS/EIR), and include 
approximately 1,335 acres. Other than assuming that no take of Covered 
Species would occur in the 1,335 acres, the Reduced Take Alternative 
also assumes that the 1,335 acres of development could be displaced to 
another location under the same take restriction as the Proposed Action 
Alternative; all other elements of the Draft Plan (e.g., Covered 
Species and Covered Activities) remain the same under the Reduced Take 
Alternative.

Reduced Development Alternative

    The Reduced Development Alternative would include the same 
categories of covered activities as the Proposed Action Alternative; 
however, under this Alternative, development within a portion of the 
west side of the Dunnigan Specific Plan Area, and the Elkhorn Specific 
Plan Area, are assumed to not be included in the Covered Activities. 
The portion of the Dunnigan Specific Plan selected for exclusion from 
Covered Activities under this Alternative covers approximately 1,012 
acres, and the Elkhorn Specific Plan Area covers approximately 383 
acres. In each of these two areas, it is assumed that some type of 
development could potentially occur within the 50-year term of the 
permit. If such development were to occur, it would not be considered a 
Covered Activity under the HCP; therefore, the HCP would not be 
available as a mechanism to address affects to Covered Species. Any 
permitting required for compliance with the Act for future development 
would be undertaken for each of these two areas individually on a 
project-by-project basis. Permitting and mitigation would be 
implemented in a manner similar to under the No Action Alternative. 
Other than characteristics described above, all other elements of the 
Draft Plan (e.g., Covered Species and Covered Activities) remain the 
same under the Reduced Development Alternative.

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 EIS/EIR, and draft Plan. 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;
    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 development and permit action.
    You may submit your comments and materials by one of the methods 
listed in the ADDRESSES section. Comments and materials we receive 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).

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 permits to the applicants for the incidental take of 
the Covered Species. A permit decision will be made no sooner than 30 
days after the publication of the notice of availability for the final 
Plan, final EIS/EIR, and completion of the Record of Decision.

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 40 CFR 17.22.

Michael Fris,
Assistant Regional Director, U.S. Fish and Wildlife Service, Pacific 
Southwest Region, Sacramento, California.
[FR Doc. 2017-11295 Filed 5-31-17; 8:45 am]
 BILLING CODE 43330-15-P



                                                  25302                          Federal Register / Vol. 82, No. 104 / Thursday, June 1, 2017 / Notices

                                                  habitat quality and quantity and                          Comments and materials we receive                      2. Thursday, June 29, 2017; 6:30–8:30
                                                  mitigating significant threats to slender               will be available, by appointment, for                p.m., Davis Senior Center, 646 A Street,
                                                  rush-pea and South Texas ambrosia.                      public inspection during normal                       Davis, California, 95616.
                                                  The draft recovery plan focuses on                      business hours at our office (see                     ADDRESSES: Submitting Comments:
                                                  protecting populations, managing                        ADDRESSES).                                           Please address written comments to
                                                  threats, maintaining and creating                                                                             Mike Thomas, Chief, Conservation
                                                                                                          References Cited
                                                  appropriate habitat, monitoring                                                                               Planning Division; or Eric Tattersall,
                                                  progress, and building partnerships to                    A complete list of all references cited             Assistant Field Supervisor, by mail/
                                                  facilitate recovery. When the recovery of               herein is available upon request from                 hand-delivery at U.S. Fish and Wildlife
                                                  the slender rush-pea and/or South Texas                 the U.S. Fish and Wildlife Service,                   Service, Sacramento Fish and Wildlife
                                                  ambrosia approaches these criteria, we                  Branch of Recovery (see FOR FURTHER                   Office, 2800 Cottage Way, W–2605,
                                                  will review the species’ status and                     INFORMATION CONTACT).                                 Sacramento, California 95825; or by
                                                  consider downlisting on, and,                                                                                 facsimile to (916) 414–6713. You may
                                                                                                          Authority
                                                  ultimately, removal from the list of                                                                          telephone (916) 414–6600 to make an
                                                  federally endangered and threatened                       We developed our draft recovery plan                appointment during regular business
                                                  plants.                                                 and publish this notice under the                     hours to drop off comments at the
                                                                                                          authority of section 4(f) of the                      Sacramento Fish and Wildlife Office.
                                                  Request for Public Comments                             Endangered Species Act of 1973, as
                                                                                                                                                                   Please send comments related
                                                     Section 4(f) of the Act requires us to               amended (16 U.S.C. 1531 et seq.).
                                                                                                                                                                specifically to the California
                                                  provide public notice and an                              Dated: January 17, 2017.                            Environmental Quality Act (CEQA)
                                                  opportunity for public review and                       Benjamin N. Tuggle,                                   process to Petrea Marchand, Executive
                                                  comment during recovery plan                            Regional Director, Southwest Region, U.S.             Director, Yolo Habitat Conservancy, 611
                                                  development. It is also our policy to                   Fish and Wildlife Service.                            North Street, Woodland, CA 95695.
                                                  request peer review of recovery plans
                                                  (July 1, 1994; 59 FR 34270). In an
                                                                                                          [FR Doc. 2017–11305 Filed 5–31–17; 8:45 am]              Reviewing Documents: You may
                                                  appendix to the approved recovery plan,
                                                                                                          BILLING CODE 4333–15–P                                obtain electronic copies of the draft
                                                  we will summarize and respond to the                                                                          habitat conservation plan and natural
                                                  issues raised by the public and peer                                                                          community conservation plan and draft
                                                                                                          DEPARTMENT OF THE INTERIOR                            EIS/EIR from the Sacramento Fish and
                                                  reviewers. Substantive comments may
                                                  or may not result in changes to the                                                                           Wildlife Office Web site at http://
                                                                                                          Fish and Wildlife Service                             www.fws.gov/sacramento or the Yolo
                                                  recovery plan; comments regarding
                                                  recovery plan implementation will be                                                                          Habitat Conservancy’s Web site at
                                                                                                          [FWS–R8–ES–2017–N053]; [FF08ESMF00–                   http://www.yolohabitatconservancy.org.
                                                  forwarded as appropriate to Federal or                  FXES11140800000–178]
                                                  other entities so that they can be taken                                                                      Copies of these documents are also
                                                  into account during the course of                                                                             available for public inspection, by
                                                                                                          Joint Draft Environmental Impact                      appointment, during regular business
                                                  implementing recovery actions.                          Statement and Environmental Impact
                                                  Responses to individual commenters                                                                            hours, at the Sacramento Fish and
                                                                                                          Report, Joint Draft Habitat                           Wildlife Office and at the following
                                                  will not be provided, but we will                       Conservation Plan and Natural
                                                  provide a summary of how we                                                                                   libraries: Mary L. Stephens Davis
                                                                                                          Community Conservation Plan; Yolo                     Library, 315 E. 14th Street, Davis,
                                                  addressed substantive comments in an                    County, California
                                                  appendix to the approved recovery plan.                                                                       California 95616; Arthur F. Turner
                                                                                                          AGENCY:   Fish and Wildlife Service,                  Community Library, 1212 Merkley
                                                     We invite written comments on the
                                                                                                          Interior.                                             Avenue, West Sacramento, California
                                                  draft recovery plan. In particular, we are
                                                                                                                                                                95691; Woodland Public Library, 250
                                                  interested in additional information                    ACTION: Notice of availability of permit
                                                                                                                                                                1st Street, Woodland, California 95695;
                                                  regarding the current threats to the                    application; request for comment.
                                                                                                                                                                Winters Community Library, 708
                                                  species, ongoing beneficial management
                                                                                                          SUMMARY:   We, the U.S. Fish and                      Railroad Avenue, Winters, California
                                                  efforts, and the costs associated with
                                                                                                          Wildlife Service, announce the                        95694; and the Yolo Branch Library,
                                                  implementing the recommended
                                                                                                          availability of a joint draft                         37750 Sacramento Street, Yolo,
                                                  recovery actions.
                                                                                                          environmental impact statement and                    California 95697.
                                                     Before we approve our final recovery
                                                  plan, we will consider all comments we                  draft environmental impact report (draft              FOR FURTHER INFORMATION CONTACT:
                                                  receive by the date specified in DATES,                 EIS/EIR) under the National                           Mike Thomas, Chief, Conservation
                                                  above. Methods of submitting comments                   Environmental Policy Act of 1967, as                  Planning Division; or Eric Tattersall,
                                                  are described in ADDRESSES, above.                      amended. We also announce receipt of                  Assistant Field Supervisor, at the
                                                                                                          applications for an incidental take                   Sacramento Fish and Wildlife Office
                                                  Public Availability of Comments                         permit under the Endangered Species                   address above or at (916) 414–6600
                                                    Before including your address, phone                  Act of 1973, as amended, and receipt of               (telephone). If you use a
                                                  number, email address, or other                         a draft habitat conservation plan and                 telecommunications device for the deaf,
                                                  personal identifying information in your                natural community conservation plan.                  please call the Federal Relay Service at
                                                  comment, you should be aware that                       DATES: Submitting Comments: To ensure                 (800) 877–8339.
                                                  your entire comment—including your                      consideration, written comments must                  SUPPLEMENTARY INFORMATION: This
mstockstill on DSK30JT082PROD with NOTICES




                                                  personal identifying information—may                    be received by August 30, 2017.                       notice advises the public that we, the
                                                  be made publicly available at any time.                   Public Meetings: Two public meetings                U.S. Fish and Wildlife Service (Service),
                                                  While you can ask us in your comment                    will be held:                                         announce the availability of a draft EIS/
                                                  to withhold your personal identifying                     1. Tuesday, June 27, 2017; 1:00–3:00                EIR, prepared pursuant to the National
                                                  information from public review, we                      p.m., Yolo County Board of Supervisors                Environmental Policy Act of 1967, as
                                                  cannot guarantee that we will be able to                Chambers, 625 Court Street, Room 206,                 amended (42 U.S.C. 4321 et seq.;
                                                  do so.                                                  Woodland, California, 95695.                          NEPA), and its implementing


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                                                                                 Federal Register / Vol. 82, No. 104 / Thursday, June 1, 2017 / Notices                                          25303

                                                  regulations in the Code of Federal                        1. Urban projects and activities,                   found in 50 CFR 17.22(b)(5) and
                                                  Regulations (CFR) at 40 CFR 1506.6.                     which include general urban                           17.32(b)(5).
                                                     This notice also announces the receipt               development, urban public services,                      Take of federally listed plant species
                                                  of applications from the Yolo Habitat                   infrastructure, and utilities, and urban              is not prohibited on non-Federal land
                                                  Conservancy, County of Yolo, and the                    projects in rural areas.                              under the Act, and cannot be authorized
                                                  cities of Davis, West Sacramento,                         2. Rural projects and activities, which             under a section 10 permit, but one plant
                                                  Winters, and Woodland (collectively                     include general rural development, rural              species is included in the Draft Plan and
                                                  applicants), for a 50-year incidental take              public services, infrastructure, and                  proposed to be included on the ITP in
                                                  permit (ITP) under the Endangered                       utilities, agricultural economic                      recognition of the conservation benefits
                                                  Species Act of 1973, as amended (16                     development, aggregate mining, and                    provided for it under the Draft Plan and
                                                  U.S.C. 1531 et seq.; Act). The applicants               open space.                                           because of the assurances the applicants
                                                  prepared the draft Yolo Habitat                           3. Public and private operations and                would receive if it is included on the
                                                  Conservation Plan and Natural                           maintenance activities.                               ITP.
                                                  Community Conservation Plan (Draft                        4. Conservation strategy
                                                  Plan) pursuant to section 10(a)(1)(B) of                implementation, which includes habitat                National Environmental Policy Act
                                                  the Act and the California Natural                      restoration, management, and                          Compliance
                                                  Community Conservation Planning Act                     enhancement activities throughout the                    The draft EIS/EIR was prepared to
                                                  of 2002 (NCCPA). The applicants are                     reserve system.                                       analyze the impacts of issuing an ITP
                                                  requesting the authorization of                           5. Neighboring landowner
                                                                                                                                                                based on the Draft Plan and to inform
                                                  incidental take for 12 covered species                  agreements.
                                                                                                                                                                the public of the proposed action,
                                                  that could result from activities covered               Covered Species                                       alternatives, and associated impacts and
                                                  under the Draft Plan.                                      Covered species are those 12 species               to disclose any irreversible
                                                  Background Information                                  addressed in the Draft Plan for which                 commitments of resources.
                                                                                                          conservation actions will be                             The proposed permit issuance triggers
                                                     Section 9 of the Act (16 U.S.C. 1531–                                                                      the need for compliance with NEPA. For
                                                  1544 et seq.) and Federal regulations (50               implemented and for which the
                                                                                                          applicants are seeking an ITP for a                   the purposes of NEPA, the Proposed
                                                  CFR 17) prohibit the taking of fish and                                                                       Action Alternative presented in the
                                                                                                          period of 50 years. Proposed covered
                                                  wildlife species listed as endangered or                                                                      Draft EIS/EIR is compared to the No-
                                                                                                          species include those listed as
                                                  threatened under section 4 of the Act.                                                                        Action Alternative. The No-Action
                                                                                                          threatened or endangered under the Act,
                                                  Regulations governing permits for                                                                             Alternative represents estimated future
                                                                                                          species listed under the California
                                                  endangered and threatened species are                                                                         conditions to which the Proposed
                                                                                                          Endangered Species Act (CESA), as well
                                                  at 50 CFR 17.22 and 17.32. For more                                                                           Action’s estimated future conditions can
                                                                                                          as currently unlisted species that have
                                                  about the Federal habitat conservation                                                                        be compared. For purposes of the
                                                                                                          the potential to become listed during the
                                                  plan (HCP) program, go to http://                                                                             California Environmental Quality Act
                                                                                                          life of the Draft Plan.
                                                  www.fws.gov/endangered/esa-library/                                                                           the proposed action alternative is
                                                                                                             The following federally listed
                                                  pdf/hcp.pdf.                                                                                                  compared to existing conditions.
                                                                                                          threatened and endangered wildlife
                                                  Proposed Action Alternative                             species are proposed to be covered by                    The Service published a notice of
                                                    The Service would issue an ITP to the                 the Draft Plan: Threatened California                 intent (NOI) to prepare a joint
                                                  applicants for a period of 50 years for                 tiger salamander (Central Distinct                    environmental impact statement and
                                                  certain covered activities (described                   Population Segment (DPS)) (Amystoma                   environmental impact report in the
                                                  below). The applicants have requested                   californiense), threatened Valley                     Federal Register on October 21, 2011
                                                  an ITP for 12 covered species (described                elderberry longhorn beetle (Desmocerus                (76 FR 65527). The NOI announced a
                                                  below), 11 animals and 1 plant, of                      californicaus dimorphus), threatened                  45-day public scoping period, during
                                                  which, 5 animals and 1 plant are                        giant garter snake (Thamnophis gigas),                which the public was invited to provide
                                                  currently listed as threatened or                       threatened western yellow-billed                      written comments and attend two
                                                  endangered under the Act.                               cuckoo (Coccyzus americanus                           public scoping meetings, which were
                                                                                                          occidentalis), and endangered Least                   held on November 7, 2011, in West
                                                  Plan Area                                               Bell’s vireo (Vireo belli pusillus). The              Sacramento, California.
                                                    The geographic scope of the Draft                     following non-listed wildlife species are
                                                                                                                                                                No-Action Alternative
                                                  Plan includes all lands within Yolo                     also proposed to be covered by the Draft
                                                  County, totaling approximately 653,549                  Plan: Western pond turtle (Actinemys                     Under the No-Action Alternative, the
                                                  acres, and 1,174 acres in Solano County                 marmorata), Swainson’s hawk (Buteo                    Service would not issue an ITP to the
                                                  on the south side of Putah Creek, for a                 swainsoni), white-tailed kite (Elanus                 Applicants, and the Draft Plan would
                                                  total combined area of 654,723 acres                    leucurus), western burrowing owl                      not be implemented. Under this
                                                  (Plan Area).                                            (Athene cunicularia hypugaea), bank                   alternative, individual projects carried
                                                                                                          swallow (Riparia riparia), and tricolored             out by or approved by one or more of
                                                  Covered Activities                                      blackbird (Agelaius tricolor). One                    the applicants that may adversely affect
                                                     The proposed section 10 ITP would                    federally listed plant species, the                   federally listed species would require
                                                  allow take of 12 covered species                        endangered palmate-bracted bird’s beak                project-level consultation with the
                                                  resulting from certain covered activities               (Chloropyron palmatum), is also                       Service pursuant to section 7 or section
                                                  in the proposed Plan Area. The                          proposed to be covered by the Draft                   10 of the Act. Because the applicants
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                                                  applicants are requesting incidental take               Plan, in recognition of the conservation              and private developers would generate
                                                  authorization for these 12 covered                      benefits provided for it in the Draft Plan.           environmental documentation and
                                                  species that could be affected by                       Collectively, these 12 species comprise               apply for permits on a project-by-project
                                                  activities identified in the Draft Plan.                the Covered Species addressed by the                  basis, there would not be a
                                                  The Draft Plan covers the following five                Draft Plan. All species included on the               comprehensive program to coordinate
                                                  general categories of covered activities                ITP would receive assurances under the                and standardize mitigation requirements
                                                  (collectively, Covered Activities):                     Service’s ‘‘No Surprises’’ regulations                of the Act within the Plan Area.


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                                                  25304                          Federal Register / Vol. 82, No. 104 / Thursday, June 1, 2017 / Notices

                                                  Reduced Take Alternative                                Public Comments                                       sooner than 30 days after the
                                                                                                            We request data, comments, new                      publication of the notice of availability
                                                    The Reduced Take Alternative would                                                                          for the final Plan, final EIS/EIR, and
                                                  include the same categories of covered                  information, or suggestions from the
                                                                                                          public, other concerned governmental                  completion of the Record of Decision.
                                                  activities as the Proposed Action
                                                  Alternative; however, under this                        agencies, the scientific community,                   Authority
                                                                                                          Tribes, industry, or any other interested
                                                  Alternative, eight geographic areas                                                                              We publish this notice under the
                                                                                                          party on this notice, the draft EIS/EIR,
                                                  designated for development under the                                                                          National Environmental Policy Act of
                                                                                                          and draft Plan. We particularly seek
                                                  Proposed Action Alternative that would                                                                        1969, as amended (42 U.S.C. 4321–4347
                                                                                                          comments on the following:
                                                  result in take of Covered Species would                                                                       et seq.), and its implementing
                                                                                                            1. Biological information concerning
                                                  not be permitted. These locations are in                                                                      regulations at 40 CFR 1500–1508, as
                                                                                                          the species;
                                                  the vicinity of Clarksburg, Davis, the                                                                        well as in compliance with section 10(c)
                                                                                                            2. Relevant data concerning the
                                                  Dunnigan Specific Plan, West                                                                                  of the Endangered Species Act (16
                                                                                                          species;
                                                  Sacramento, and Woodland (see Exhibit                                                                         U.S.C. 1531–1544 et seq.) and its
                                                                                                            3. Additional information concerning
                                                  2–6 in the EIS/EIR), and include                                                                              implementing regulations at 40 CFR
                                                                                                          the range, distribution, population size,
                                                  approximately 1,335 acres. Other than                                                                         17.22.
                                                                                                          and population trends of the species;
                                                  assuming that no take of Covered                          4. Current or planned activities in the             Michael Fris,
                                                  Species would occur in the 1,335 acres,                 subject area and their possible impacts               Assistant Regional Director, U.S. Fish and
                                                  the Reduced Take Alternative also                       on the species;                                       Wildlife Service, Pacific Southwest Region,
                                                  assumes that the 1,335 acres of                           5. The presence of archeological sites,             Sacramento, California.
                                                  development could be displaced to                       buildings and structures, historic                    [FR Doc. 2017–11295 Filed 5–31–17; 8:45 am]
                                                  another location under the same take                    events, sacred and traditional areas, and             BILLING CODE 43330–15–P
                                                  restriction as the Proposed Action                      other historic preservation concerns,
                                                  Alternative; all other elements of the                  which are required to be considered in
                                                  Draft Plan (e.g., Covered Species and                   project planning by the National                      DEPARTMENT OF THE INTERIOR
                                                  Covered Activities) remain the same                     Historic Preservation Act; and
                                                                                                            6. Identification of any other                      Fish and Wildlife Service
                                                  under the Reduced Take Alternative.
                                                                                                          environmental issues that should be
                                                  Reduced Development Alternative                                                                               [FWS–R7–ES–2017–N065; FF07CAMM00–
                                                                                                          considered with regard to the proposed
                                                                                                                                                                FX–FXEX111607MRG01]
                                                                                                          development and permit action.
                                                     The Reduced Development                                You may submit your comments and
                                                  Alternative would include the same                                                                            Marine Mammals; Incidental Take
                                                                                                          materials by one of the methods listed                During Specified Activities; Proposed
                                                  categories of covered activities as the                 in the ADDRESSES section. Comments
                                                  Proposed Action Alternative; however,                                                                         Incidental Harassment Authorization
                                                                                                          and materials we receive will be                      for Pacific Walruses and Polar Bears in
                                                  under this Alternative, development                     available for public inspection by                    Alaska and Associated Federal Waters
                                                  within a portion of the west side of the                appointment, during normal business
                                                  Dunnigan Specific Plan Area, and the                    hours (Monday through Friday, 8 a.m. to               AGENCY:   Fish and Wildlife Service,
                                                  Elkhorn Specific Plan Area, are assumed                 4:30 p.m.) at the Service’s Sacramento                Interior.
                                                  to not be included in the Covered                       address (see ADDRESSES).                              ACTION: Notice of receipt of application
                                                  Activities. The portion of the Dunnigan                                                                       and proposed incidental harassment
                                                                                                          Public Availability of Comments
                                                  Specific Plan selected for exclusion                                                                          authorization; availability of draft
                                                  from Covered Activities under this                        Before including your address, phone                environmental assessment; request for
                                                  Alternative covers approximately 1,012                  number, or other personal identifying                 comments.
                                                  acres, and the Elkhorn Specific Plan                    information in your comment, you
                                                  Area covers approximately 383 acres. In                 should be aware that your entire                      SUMMARY:   We, the U.S. Fish and
                                                  each of these two areas, it is assumed                  comment—including your personal                       Wildlife Service, in response to a
                                                  that some type of development could                     identifying information—might be made                 request under the Marine Mammal
                                                  potentially occur within the 50-year                    publicly available at any time. While                 Protection Act of 1972, as amended,
                                                                                                          you can ask us in your comment to                     from Quintillion Subsea Operation,
                                                  term of the permit. If such development
                                                                                                          withhold your personal identifying                    LLC, propose to authorize the incidental
                                                  were to occur, it would not be
                                                                                                          information from public review, we                    taking by harassment of small numbers
                                                  considered a Covered Activity under the
                                                                                                          cannot guarantee that we will be able to              of Pacific walruses and polar bears from
                                                  HCP; therefore, the HCP would not be                                                                          July 1 to November 15, 2017. The
                                                                                                          do so.
                                                  available as a mechanism to address                                                                           applicant has requested this
                                                  affects to Covered Species. Any                         Next Steps                                            authorization for its planned fiber optic
                                                  permitting required for compliance with                    Issuance of an incidental take permit              cable-laying activities. The area
                                                  the Act for future development would                    is a Federal proposed action subject to               specified for inclusion in the proposed
                                                  be undertaken for each of these two                     compliance with NEPA. We will                         authorization includes Federal waters of
                                                  areas individually on a project-by-                     evaluate the application, associated                  the northern Bering, Chukchi, and
                                                  project basis. Permitting and mitigation                documents, and any public comments                    western portions of the southern
                                                  would be implemented in a manner                        we receive to determine whether the                   Beaufort Seas, the marine waters of the
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                                                  similar to under the No Action                          application meets the requirements of                 State of Alaska, and coastal land
                                                  Alternative. Other than characteristics                 NEPA regulations and section 10(a) of                 adjacent to Nome, Kotzebue, Point
                                                  described above, all other elements of                  the Act. If we determine that those                   Hope, Wainwright, Utqiagvik (formerly
                                                  the Draft Plan (e.g., Covered Species and               requirements are met, we will issue                   Barrow), and Oliktok Point, as shown in
                                                  Covered Activities) remain the same                     permits to the applicants for the                     Figure 1. We anticipate no take by
                                                  under the Reduced Development                           incidental take of the Covered Species.               injury or death and include none in this
                                                  Alternative.                                            A permit decision will be made no                     proposed authorization, which if


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Document Created: 2017-06-01 03:05:09
Document Modified: 2017-06-01 03:05:09
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of availability of permit application; request for comment.
DatesSubmitting Comments: To ensure consideration, written comments must be received by August 30, 2017.
ContactMike Thomas, Chief, Conservation Planning Division; or Eric Tattersall, Assistant Field Supervisor, at
FR Citation82 FR 25302 

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