82 FR 35986 - Lost Hills Solar Project, Kern County, California; Draft Environmental Assessment and Draft Habitat Conservation Plan

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 82, Issue 147 (August 2, 2017)

Page Range		35986-35988
FR Document		2017-16251

We, the U.S. Fish and Wildlife Service, announce the availability of a draft environmental assessment (draft EA) under the National Environmental Policy Act of 1969, as amended. We also announce receipt of an application for an incidental take permit under the Endangered Species Act of 1973, as amended, and receipt of a draft habitat conservation plan (draft HCP). CED Lost Hills Solar, LLC has applied for an incidental take permit under the Endangered Species Act for the Lost Hills Solar Project in Kern County, California. The permit would authorize the take of the federally endangered San Joaquin kit fox incidental to the construction, operation and maintenance, and decommissioning of the solar project. Application for the permit requires the preparation of an HCP with measures to avoid, minimize, and mitigate the impacts of incidental take to the maximum extent practicable. The purpose of the EA is to assess the effects of issuing the permit and implementing the draft HCP on the natural and human environment.

Federal Register, Volume 82 Issue 147 (Wednesday, August 2, 2017)

[Federal Register Volume 82, Number 147 (Wednesday, August 2, 2017)]
[Notices]
[Pages 35986-35988]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-16251]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2017-0034; FF08ESMF00-FXES11140800000-178]


Lost Hills Solar Project, Kern County, California; Draft 
Environmental Assessment and Draft Habitat Conservation Plan

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comment.

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SUMMARY: We, the U.S. Fish and Wildlife Service, announce the 
availability of a draft environmental assessment (draft EA) under the 
National Environmental Policy Act of 1969, as amended. We also announce 
receipt of an application for an incidental take permit under the 
Endangered Species Act of 1973, as amended, and receipt of a draft 
habitat conservation plan (draft HCP). CED Lost Hills Solar, LLC has 
applied for an incidental take permit under the Endangered Species Act 
for the Lost Hills Solar Project in Kern County, California. The permit 
would authorize the take of the federally endangered San Joaquin kit 
fox incidental to the construction, operation and maintenance, and 
decommissioning of the solar project. Application for the permit 
requires the preparation of an HCP with measures to avoid, minimize, 
and mitigate the impacts of incidental take to the maximum extent 
practicable. The purpose of the EA is to assess the effects of issuing 
the permit and implementing the draft HCP on the natural and human 
environment.

DATES: To ensure consideration, written comments must be received by 
September 1, 2017.

ADDRESSES: Document Availability: The draft HCP and draft EA are 
available via the internet at the Federal eRulemaking Portal 
(www.regulations.gov) in Docket No. FWS-R8-ES-2017-0034. Alternatively, 
you may obtain electronic copies of the draft HCP and draft EA from the 
Sacramento Fish and Wildlife Office Web site at http://www.fws.gov/sacramento. Copies of these documents

[[Page 35987]]

are also available for public inspection, by appointment, during 
regular business hours, at the Sacramento Fish and Wildlife Office, 
2800 Cottage Way, W-2605, Sacramento, CA 95825; 916-414-6600 
(telephone).
    Submitting Comments: To send written comments, please use one of 
the following methods, and note that your information requests or 
comments are in reference to the draft HCP. Please specify whether your 
comment addresses the draft EA, draft HCP, or both.
     Internet: Submit comments at http://www.regulations.gov 
under Docket No. FWS-R8-ES-2017-0034.
     U.S. Mail or Hand-Delivery: Public Comments Processing, 
Attn: FWS-R4-ES-2017-0034, U.S. Fish and Wildlife Service, MS: BPHC, 
5275 Leesburg Pike, Falls Church, VA 22041-3803.

FOR FURTHER INFORMATION CONTACT: Justin Sloan, Senior Wildlife 
Biologist, San Joaquin Valley Division; or Patricia Cole, Chief, San 
Joaquin Valley Division, at the Sacramento Fish and Wildlife Office 
address (see Document Availability in ADDRESSES) 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: We, the U.S. Fish and Wildlife Service 
(Service), announce the availability of a draft environmental 
assessment (EA), prepared pursuant to the National Environmental Policy 
Act of 1969, as amended (42 U.S.C. 4321 et seq.; NEPA), and its 
implementing regulations in the Code of Federal Regulations (CFR) at 40 
CFR 1506.6. This notice also announces the receipt of an application 
from CED Lost Hills Solar, LLC (applicant), for a 45-year incidental 
take permit (ITP) under the Endangered Species Act of 1973, as amended 
(16 U.S.C. 1531 et seq.; Act). The applicant prepared the draft Lost 
Hills Solar Project Habitat Conservation Plan (draft HCP) pursuant to 
section 10(a)(1)(B) of the Act. The applicant is requesting the 
authorization of incidental take for one covered species that could 
result from activities covered under the draft HCP.

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.

National Environmental Policy Act Compliance

    The proposed permit issuance triggers the need for compliance with 
NEPA. The draft EA was prepared to analyze the impacts of issuing an 
ITP based on the draft HCP and to inform the public of the proposed 
action, any alternatives, and associated impacts, and to disclose any 
irreversible commitments of resources.
    For the purposes of NEPA, the Proposed Action Alternative presented 
in the Draft EA 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.

Proposed Action Alternative

    The Service would issue an ITP to the applicants for a period of 45 
years for certain covered activities (described below). The applicant 
has requested an ITP for one covered species (described below), 
currently listed as endangered under the Act.
Habitat Conservation Plan Area
    The geographic scope of the draft HCP encompasses 540 acres, 
including a 477-acre parcel, along with a 500-foot buffer around the 
northern part of the parcel within which monitoring activities would 
take place. The project will occupy approximately 160 acres of the 
habitat conservation plan (HCP) area, with 133 acres disturbed during 
project construction.
Covered Activities
    The proposed section 10 ITP would allow take of one covered species 
resulting from certain covered activities in the proposed HCP area. The 
applicant is requesting incidental take authorization for this covered 
species that could be affected by activities identified in the draft 
HCP. The draft HCP covers construction, operations and maintenance, and 
decommissioning of the solar site (collectively, covered activities).
Covered Species
    The San Joaquin kit fox (Vulpes macrotis mutica) is the species 
addressed in the draft HCP for which conservation actions will be 
implemented and for which the applicant is seeking an ITP for a period 
of 45 years. The San Joaquin kit fox is listed as endangered under the 
Act.

No-Action Alternative

    Under the No-Action Alternative, the Service would not issue an ITP 
to the applicant, and the draft HCP would not be implemented. Under 
this alternative, the applicant would not construct the proposed solar 
project.

Public Comments

    We request data, comments, new information, or suggestions from the 
public, other concerned governmental agencies, the scientific 
community, Tribes, industry, or any other interested party on this 
notice, the draft EA, and the draft HCP. We particularly seek comments 
on the following:
    1. Biological information concerning the species;
    2. Relevant data concerning the species;
    3. Additional information concerning the range, distribution, 
population size, and population trends of the species;
    4. Current or planned activities in the area and their possible 
impacts on the species;
    5. The presence of archeological sites, buildings and structures, 
historic events, sacred and traditional areas, and other historic 
preservation concerns, which are required to be considered in project 
planning by the National Historic Preservation Act; and
    6. Any other environmental issues that should be considered with 
regard to the proposed development and permit action.

Public Availability of Comments

    Before including your address, phone number, or other personal 
identifying information in your comment, you should be aware that your 
entire comment--including your personal identifying information--might 
be made publicly available at any time. While you can ask us in your 
comment to withhold your personal identifying information from public 
review, we cannot guarantee that we will be able to do so.

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 as part of our 
NEPA compliance process and to determine whether the application meets 
the requirements of section 10(a) of the Act. If, subsequent to our 
NEPA compliance process, we determine that those requirements are met, 
we will issue a permit to the applicant for the incidental take of the 
covered species.

[[Page 35988]]

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.

    Dated: July 26, 2017.
Jennifer Norris,
Field Supervisor, Sacramento Fish and Wildlife Office, U.S. Fish and 
Wildlife Service, Sacramento, California.
[FR Doc. 2017-16251 Filed 8-1-17; 8:45 am]
BILLING CODE 4333-15-P

Federal Register / Vol. 82, No. 147 / Wednesday, August 2, 2017 / Notices 35987

are also available for public inspection, plan (HCP) program, go to http:// No-Action Alternative
by appointment, during regular business www.fws.gov/endangered/esa-library/ Under the No-Action Alternative, the
hours, at the Sacramento Fish and pdf/hcp.pdf. Service would not issue an ITP to the
Wildlife Office, 2800 Cottage Way, W– applicant, and the draft HCP would not
National Environmental Policy Act
2605, Sacramento, CA 95825; 916–414– be implemented. Under this alternative,
Compliance
6600 (telephone). the applicant would not construct the
Submitting Comments: To send The proposed permit issuance triggers proposed solar project.
written comments, please use one of the the need for compliance with NEPA.
following methods, and note that your The draft EA was prepared to analyze Public Comments
information requests or comments are in the impacts of issuing an ITP based on We request data, comments, new
reference to the draft HCP. Please the draft HCP and to inform the public information, or suggestions from the
specify whether your comment of the proposed action, any alternatives, public, other concerned governmental
addresses the draft EA, draft HCP, or and associated impacts, and to disclose agencies, the scientific community,
both. any irreversible commitments of Tribes, industry, or any other interested
• Internet: Submit comments at resources. party on this notice, the draft EA, and
http://www.regulations.gov under For the purposes of NEPA, the the draft HCP. We particularly seek
Docket No. FWS–R8–ES–2017–0034. Proposed Action Alternative presented comments on the following:
• U.S. Mail or Hand-Delivery: Public in the Draft EA is compared to the No- 1. Biological information concerning
Comments Processing, Attn: FWS–R4– Action Alternative. The No-Action the species;
ES–2017–0034, U.S. Fish and Wildlife Alternative represents estimated future 2. Relevant data concerning the
Service, MS: BPHC, 5275 Leesburg Pike, conditions to which the Proposed species;
Falls Church, VA 22041–3803. Action’s estimated future conditions can 3. Additional information concerning
FOR FURTHER INFORMATION CONTACT: be compared. the range, distribution, population size,
Justin Sloan, Senior Wildlife Biologist, and population trends of the species;
Proposed Action Alternative
San Joaquin Valley Division; or Patricia 4. Current or planned activities in the
Cole, Chief, San Joaquin Valley The Service would issue an ITP to the area and their possible impacts on the
Division, at the Sacramento Fish and applicants for a period of 45 years for species;
Wildlife Office address (see Document certain covered activities (described 5. The presence of archeological sites,
Availability in ADDRESSES) or at 916– below). The applicant has requested an buildings and structures, historic
414–6600 (telephone). If you use a ITP for one covered species (described events, sacred and traditional areas, and
telecommunications device for the deaf, below), currently listed as endangered other historic preservation concerns,
please call the Federal Relay Service at under the Act. which are required to be considered in
(800) 877–8339. project planning by the National
Habitat Conservation Plan Area
SUPPLEMENTARY INFORMATION: We, the Historic Preservation Act; and
U.S. Fish and Wildlife Service (Service), The geographic scope of the draft HCP 6. Any other environmental issues
announce the availability of a draft encompasses 540 acres, including a 477- that should be considered with regard to
environmental assessment (EA), acre parcel, along with a 500-foot buffer the proposed development and permit
prepared pursuant to the National around the northern part of the parcel action.
Environmental Policy Act of 1969, as within which monitoring activities
amended (42 U.S.C. 4321 et seq.; would take place. The project will Public Availability of Comments
NEPA), and its implementing occupy approximately 160 acres of the Before including your address, phone
regulations in the Code of Federal habitat conservation plan (HCP) area, number, or other personal identifying
Regulations (CFR) at 40 CFR 1506.6. with 133 acres disturbed during project information in your comment, you
This notice also announces the receipt construction. should be aware that your entire
of an application from CED Lost Hills Covered Activities comment—including your personal
Solar, LLC (applicant), for a 45-year identifying information—might be made
incidental take permit (ITP) under the The proposed section 10 ITP would publicly available at any time. While
Endangered Species Act of 1973, as allow take of one covered species you can ask us in your comment to
amended (16 U.S.C. 1531 et seq.; Act). resulting from certain covered activities withhold your personal identifying
The applicant prepared the draft Lost in the proposed HCP area. The applicant information from public review, we
Hills Solar Project Habitat Conservation is requesting incidental take cannot guarantee that we will be able to
Plan (draft HCP) pursuant to section authorization for this covered species do so.
10(a)(1)(B) of the Act. The applicant is that could be affected by activities
identified in the draft HCP. The draft Next Steps
requesting the authorization of
incidental take for one covered species HCP covers construction, operations Issuance of an incidental take permit
that could result from activities covered and maintenance, and decommissioning is a Federal proposed action subject to
under the draft HCP. of the solar site (collectively, covered compliance with NEPA. We will
activities). evaluate the application, associated
Background Information documents, and any public comments
Covered Species
Section 9 of the Act (16 U.S.C. 1531– we receive as part of our NEPA
1544 et seq.) and Federal regulations (50 The San Joaquin kit fox (Vulpes compliance process and to determine
sradovich on DSKBCFCHB2PROD with NOTICES

CFR 17) prohibit the taking of fish and macrotis mutica) is the species whether the application meets the
wildlife species listed as endangered or addressed in the draft HCP for which requirements of section 10(a) of the Act.
threatened under section 4 of the Act. conservation actions will be If, subsequent to our NEPA compliance
Regulations governing permits for implemented and for which the process, we determine that those
endangered and threatened species are applicant is seeking an ITP for a period requirements are met, we will issue a
at 50 CFR 17.22 and 17.32. For more of 45 years. The San Joaquin kit fox is permit to the applicant for the
about the Federal habitat conservation listed as endangered under the Act. incidental take of the covered species.

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35988 Federal Register / Vol. 82, No. 147 / Wednesday, August 2, 2017 / Notices

Authority species that could result from the Ventura Fish and Wildlife Office to
We publish this notice under the activities covered under the GCP. The address prospective activities that may
National Environmental Policy Act of GCP would include conservation be covered by the GCP. We also are
1969, as amended (42 U.S.C. 4321–4347 measures for an endangered plant announcing the initiation of a public
et seq.), and its implementing species that would also be covered scoping process to engage Federal,
under the plan. We also are announcing tribal, state, and local governments and
regulations at 40 CFR 1500–1508, as
the initiation of a public scoping the public in the identification of issues
well as in compliance with section 10(c)
process to engage Federal, tribal, State, and concerns, potential impacts, and
of the Endangered Species Act (16
and local governments and the public in possible alternatives to the proposed
U.S.C. 1531–1544 et seq.) and its
the identification of issues and action. The decision to prepare a draft
implementing regulations at 40 CFR
concerns, potential impacts, and environmental analysis/document will
17.22.
possible alternatives to the proposed be, in part, contingent on the
Dated: July 26, 2017. action. The Service is inviting input complexity of issues identified during,
Jennifer Norris, regarding development of a draft and following, the scoping phase of the
Field Supervisor, Sacramento Fish and environmental analysis/document, NEPA process.
Wildlife Office, U.S. Fish and Wildlife Service, which will evaluate the impacts to the
Sacramento, California. Background
human environment associated with
[FR Doc. 2017–16251 Filed 8–1–17; 8:45 am] issuance of ITPs and implementation of Section 9 of the ESA and its
BILLING CODE 4333–15–P the GCP and alternatives. implementing regulations prohibit
DATES: In order to be included in the
‘‘take’’ of fish and wildlife species listed
as endangered or threatened (16 U.S.C.
analysis, all comments must be received
DEPARTMENT OF THE INTERIOR 1531–1544). Under section 3 of the ESA,
or postmarked on or before September 1,
the term ‘‘take’’ means to harass, harm,
2017.
Fish and Wildlife Service pursue, hunt, shoot, wound, kill, trap,
ADDRESSES: Please provide comments in
[FWS–R8–ES–2017–N078; capture, or collect, or to attempt to
writing, by one of the following engage in any such conduct (16 U.S.C.
FXES11140800000–178–FF08EVEN00] methods: 1532(19)). The term ‘‘harm’’ is further
• Email: rachel_henry@fws.gov; defined by regulation as an act that
General Conservation Plan for Oil and • Facsimile: 805–644–3958, Attn:
Gas Activities in Santa Barbara actually kills or injures wildlife. Such
VFWO GCP; or
County, California; Notice of Intent To • U.S. mail: Field Supervisor, act may include significant habitat
Prepare a Draft Environmental Ventura Fish and Wildlife Office, U.S. modification or degradation where it
Analysis/Document; Initiation of Public Fish and Wildlife Service, 2493 Portola actually kills or injures wildlife by
Scoping Process significantly impairing essential
Road, Suite B, Ventura, CA 93101.
behavioral patterns, including breeding,
AGENCY: Fish and Wildlife Service, Please specify that your information
feeding, or sheltering (50 CFR 17.3). The
Interior. request or comments concern the VFWO
term ‘‘harass’’ is also further defined in
GCP.
ACTION: Notice of intent; request for the regulations as an intentional or
FOR FURTHER INFORMATION CONTACT:
comments. negligent act or omission that creates
Rachel Henry, by U.S. mail (see the likelihood of injury to wildlife by
SUMMARY: We, the U.S. Fish and ADDRESSES), or by phone at 805–677– annoying it to such an extent as to
Wildlife Service (Service), announce our 3312. If you use a telecommunications significantly disrupt normal behavioral
intent to prepare a draft environmental device for the deaf (TDD), please call the patterns, which include, but are not
analysis/document under the National Federal Information Relay Service at limited to, breeding, feeding, or
Environmental Policy Act, as amended 800–877– 8339. sheltering (50 CFR 17.3).
(NEPA), for the proposed issuance of an SUPPLEMENTARY INFORMATION: We, the Under section 10(a)(1)(B) of the Act,
incidental take permit (ITP) under U.S. Fish and Wildlife Service (Service), the Secretary of the Interior may
section 10(a)(1)(B) of the Endangered intend to prepare either a draft authorize the taking of federally listed
Species Act of 1973, as amended (ESA), environmental analysis/document wildlife species if such taking occurs
for the draft General Conservation Plan under the National Environmental incidental to otherwise legal activities
for Oil and Gas Activities in Santa Policy Act, as amended (42 U.S.C. 4321 and where a conservation plan has been
Barbara County (GCP). The GCP is being et seq.; NEPA), for the proposed General developed under section 10(a)(2)(A) that
developed to streamline environmental Conservation Plan for Oil and Gas describes: (1) The impact that will likely
permitting and compliance with the Activities in Santa Barbara County result from such taking; (2) the steps an
ESA for proponents engaged in (GCP). The GCP is a conservation plan applicant will take to minimize and
geophysical exploration (seismic), as required under the Endangered mitigate that take to the maximum
development, extraction, storage, Species Act of 1973, as amended (16 extent practicable and the funding that
transport, remediation, and/or U.S.C. 1539(c); ESA), for issuance of a will be available to implement such
distribution of crude oil, natural gas, 10(a)(1)(B) incidental take permit (ITP). steps; (3) the alternative actions to such
and/or other petroleum products, and Participation in the GCP and making an taking that an applicant considered and
construction, maintenance, operation, application for take authorization are the reasons why such alternatives are
repair, and decommissioning of oil and voluntary. The proposed ITP would not being utilized; and (4) other
gas pipelines and well field authorize the incidental take of measures that the Service may require
sradovich on DSKBCFCHB2PROD with NOTICES

infrastructure. The GCP is a threatened and endangered wildlife as being necessary or appropriate for the
conservation plan as required under the species that could result from the purposes of the plan. Issuance criteria
ESA for issuance of incidental take activities covered under the GCP, and under section 10(a)(2)(B) for an
permits. Participation in the GCP would would include conservation measures incidental take permit require the
be voluntary. ITP holders would be for an endangered plant species that Service to find that: (1) The taking will
authorized for incidental take of also would be covered under the ITP. be incidental to otherwise lawful
threatened and endangered wildlife The GCP is being prepared by the activities; (2) an applicant will, to the

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Document Created: 2017-08-02 07:09:15
Document Modified: 2017-08-02 07:09:15

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of availability; request for comment.
Dates		To ensure consideration, written comments must be received by September 1, 2017.
Contact		Justin Sloan, Senior Wildlife Biologist, San Joaquin Valley Division; or Patricia Cole, Chief, San Joaquin Valley Division, at the Sacramento Fish and Wildlife Office
FR Citation		82 FR 35986

82 FR 35986 - Lost Hills Solar Project, Kern County, California; Draft Environmental Assessment and Draft Habitat Conservation Plan

DEPARTMENT OF THE INTERIORFish and Wildlife Service

Federal Register Volume 82, Issue 147 (August 2, 2017)

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service