[Federal Register Volume 89, Number 132 (Wednesday, July 10, 2024)]
[Notices]
[Pages 56773-56775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15089]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS-R8-ES-2024-0076; FF08ESMF00-245-FXES11140800000]
Pelicans Jaw Hybrid Solar Project, Kern County, CA; Draft
Categorical Exclusion and Draft Habitat Conservation Plan
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for public comments.
-----------------------------------------------------------------------
SUMMARY: We, the Fish and Wildlife Service (Service), announce receipt
of an application from Pelicans Jaw Solar, LLC (applicant) for an
incidental take permit (ITP) under the Endangered Species Act. The
applicant requests the ITP to take the federally listed San Joaquin kit
fox and blunt-nosed leopard lizard, as well as two other unlisted
species should they become listed,
[[Page 56774]]
incidental to development activities in Kern County, California. We
request public comment on the application, which includes the
applicant's proposed habitat conservation plan, and on the Service's
preliminary determination that the proposed permitting action may be
eligible for a categorical exclusion pursuant to the Council on
Environmental Quality's National Environmental Policy Act (NEPA)
regulations, the Department of the Interior's (DOI) NEPA regulations,
and the DOI Departmental Manual. To make this preliminary
determination, we prepared a draft environmental action statement and
low-effect screening form, both of which are also available for public
review. We invite comment from the public and local, State, Tribal, and
Federal agencies.
DATES: We must receive your written comments on or before August 9,
2024.
ADDRESSES: Obtaining Documents: The documents this notice announces, as
well as any comments and other materials that we receive, will be
available for public inspection online in Docket No. FWS-R8-ES-2024-
0076 at https://www.regulations.gov.
Submitting Comments: If you wish to submit comments on any of the
documents, you may do so in writing by one of the following methods.
Internet: Submit comments at https://www.regulations.gov
under Docket No. FWS-R8-ES-2024-0076.
U.S. Mail: Public Comments Processing, Attn: Docket No.
FWS-R8-ES-2024-0076; U.S. Fish and Wildlife Service Headquarters, MS:
PRB/3W; 5275 Leesburg Pike; Falls Church, VA 22041-3803.
For more information, see Public Comments under SUPPLEMENTARY
INFORMATION.
FOR FURTHER INFORMATION CONTACT: Justin Sloan, San Joaquin Valley
Division Supervisor, Sacramento Fish and Wildlife Office, by phone at
916-414-6600. Individuals in the United States who are deaf, deafblind,
hard of hearing, or have a speech disability may dial 711 (TTY, TDD, or
TeleBraille) to access telecommunications relay services. Individuals
outside the United States should use the relay services offered within
their country to make international calls to the point-of-contact in
the United States.
SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service
(Service), announce receipt of an application from Pelicans Jaw Solar,
LLC (applicant) for a 39-year incidental take permit (ITP) under the
Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et
seq.). The applicant requests the ITP to take the federally endangered
San Joaquin kit fox (Vulpes macrotis mutica) and blunt-nosed leopard
lizard (Gambelia sila) incidental to development activities in Kern
County, California. The ITP would also cover the proposed threatened
western spadefoot (Spea hammondii) and unlisted burrowing owl (Athene
cunicularia), should either species become federally listed during the
term of the habitat conservation plan (HCP). We request public comment
on the application, which includes the applicant's HCP, and on the
Service's preliminary determination that this proposed ITP qualifies as
low effect, and may qualify for a categorical exclusion pursuant to the
Council on Environmental Quality's National Environmental Policy Act
(NEPA) regulations (40 CFR 1501.4), the Department of the Interior's
(DOI) NEPA regulations (43 CFR 46), and the DOI's Departmental Manual
(516 DM 8.5(C)(2)). To make this preliminary determination, we prepared
a draft environmental action statement and low-effect screening form,
both of which are also available for public review.
Background Information
Section 9 of the ESA (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 ESA.
Regulations governing permits for endangered and threatened species are
at 50 CFR 17.22 and 17.32, respectively. For more about the Federal
habitat conservation plan (HCP) program, go to https://www.fws.gov/service/habitat-conservation-plans.
Proposed Action
Under the Proposed Action, the Service would issue an ITP to the
applicant for a period of 39 years for certain covered activities
(described below). The applicant has requested an ITP for the federally
endangered San Joaquin kit fox (Vulpes macrotis mutica) and blunt-nosed
leopard lizard (Gambelia sila). The ITP would also cover the proposed
threatened western spadefoot (Spea hammondii) and unlisted burrowing
owl (Athene cunicularia), should either become federally listed during
the term of the HCP.
Habitat Conservation Plan Area
The geographic scope of the draft HCP encompasses 3,260 acres (ac)
in northwestern Kern County where the development will occur, and 3,993
ac in northwestern Kern County that will be used to mitigate impacts
from HCP covered activities.
Covered Activities
The proposed section 10 ITP would allow incidental take of the
covered species from covered activities in the proposed HCP area. The
applicant is requesting incidental take authorization for covered
activities, including site preparation, infrastructure development,
construction, operations and maintenance, and decommissioning. The
applicant is proposing to implement a number of project design
features, including best management practices, as well as general and
species-specific avoidance and minimization measures to minimize the
impacts of the take from the covered activities.
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. We
particularly seek comments on the following:
Biological information concerning the species.
Relevant data concerning the species.
Additional information concerning the range, distribution,
population size, and population trends of the species.
Current or planned activities in the area and their
possible impacts on the species.
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.
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.
Our Preliminary Determination
The Service has made a preliminary determination that the
applicant's proposed project would individually and cumulatively have a
minor effect on the covered species and the human
[[Page 56775]]
environment. Therefore, we have preliminarily determined that the
proposed ESA section 10(a)(1)(B) permit would be a low-effect ITP that
individually or cumulatively would have a minor effect on the species
and may qualify for application of a categorical exclusion pursuant to
the Council on Environmental Quality's NEPA regulations, DOI's NEPA
regulations, and the DOI Departmental Manual. A low-effect ITP is one
that would result in (1) minor or nonsignificant effects on species
covered in the HCP; (2) nonsignificant effects on the human
environment; and (3) impacts that, when added together with the impacts
of other past, present, and reasonably foreseeable actions, would not
result in significant cumulative effects to the human environment.
Next Steps
Issuance of an incidental take permit is a Federal proposed action
subject to compliance with NEPA and section 7 of the ESA. We will
evaluate the application, associated documents, and any public comments
we receive as part of our NEPA compliance process to determine whether
the application meets the requirements of section 10(a) of the ESA. If
we determine that those requirements are met, we will conduct an intra-
Service consultation under section 7 of the ESA for the Federal action
for the potential issuance of an ITP. If the intra-Service consultation
confirms that issuance of the ITP will not jeopardize the continued
existence of any endangered or threatened species, or destroy or
adversely modify critical habitat, we will issue a permit to the
applicant for the incidental take of the covered species.
Authority
We provide this notice under section 10(c) of the Endangered
Species Act (16 U.S.C. 1531 et seq.) and its implementing regulations
(50 CFR 17.22) and the National Environmental Policy Act (42 U.S.C.
4321 et seq.) and its implementing regulations (40 CFR 1500-1508 and 43
CFR 46).
Michael Fris,
Field Supervisor, Sacramento Fish and Wildlife Office.
[FR Doc. 2024-15089 Filed 7-9-24; 8:45 am]
BILLING CODE 4333-15-P