Endangered and Threatened Species; Receipt of Incidental Take Permit Application and Habitat Conservation Plan for the Proposed Rooney Ranch Wind Repowering Project, Alameda County, California; Availability of Draft Environmental Assessment
| Published date | 28 May 2020 |
| Citation | 85 FR 32044 |
| Record Number | 2020-11369 |
| Section | Notices |
| Court | Fish And Wildlife Service,Interior Department |
Federal Register, Volume 85 Issue 103 (Thursday, May 28, 2020)
[Federal Register Volume 85, Number 103 (Thursday, May 28, 2020)]
[Notices]
[Pages 32044-32046]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11369]
[[Page 32044]]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS-R8-ES-2019-0116; FXES11140900000-190-FF08E00000]
Endangered and Threatened Species; Receipt of Incidental Take
Permit Application and Habitat Conservation Plan for the Proposed
Rooney Ranch Wind Repowering Project, Alameda County, California;
Availability of Draft Environmental Assessment
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for comments.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have
received an application for an incidental take permit under the
Endangered Species Act (ESA) permit to conduct activities with the
potential for take of endangered and threatened species that is
incidental to, and not the purpose of, carrying out otherwise lawful
activities. We invite comments on the applicant's permit application
and habitat conservation plan (HCP), and the associated environmental
assessment, which we have prepared pursuant to the National
Environmental Policy Act. We will take comments into consideration
before issuance of the requested permit.
DATES: To ensure consideration, please send your written comments by
July 29, 2020.
ADDRESSES: Obtaining Documents:
Electronic copies: 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-2019-
0116 at http://www.regulations.gov.
You may also obtain electronic copies of the draft Rooney Ranch
Wind Repowering Project Habitat Conservation Plan (draft HCP) and draft
environmental assessment (EA) from the Sacramento Fish and Wildlife
Office website at http://www.fws.gov/sacramento. (See FOR FURTHER
INFORMATION CONTACT.)
Submitting Comments: You may submit comments by one of the
following methods:
Internet: http://www.regulations.gov. Follow the
instructions for submitting comments under Docket No. FWS-R8-ES-2019-
0116.
U.S. mail: Public Comments Processing; Attn: Docket No.
FWS-R8-ES-2019-0116; U.S. Fish and Wildlife Service Headquarters, MS:
PERMA; 5275 Leesburg Pike; Falls Church, VA 22041-3803.
For more information, see Public Comment Procedures under
SUPPLEMENTARY INFORMATION.
Facsimile: 916-414-6713, attn. Ryan Olah.
We request that you send comments by only the methods described
above.
FOR FURTHER INFORMATION CONTACT: Claudia Funari, Fish and Wildlife
Biologist, Sacramento Fish and Wildlife Office (see ADDRESSES), 916-
414-6600 (telephone). If you use a telecommunications device for the
deaf, please call the Federal Information Relay Service at 800-877-
8339.
SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service, have
prepared an environmental assessment under the National Environmental
Policy Act (NEPA) for the proposed Rooney Ranch Wind Repowering Project
in response to an application from Rooney Ranch Wind, LLC (applicant)
for a 36-year incidental take permit for three species under the
Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et
seq.). The application addresses the potential for ``take'' of the
following three federally listed animals: The Central California
distinct population segment of the California tiger salamander
(Ambystoma californiense) (central CTS), the California red-legged frog
(Rana draytonii), and the San Joaquin kit fox (Vulpes macrotis mutica).
The applicant would implement a conservation program to minimize and
mitigate the project impacts, as described in the applicant's habitat
conservation plan (HCP). We invite comments on the applicant's permit
application, HCP, and the associated EA, which we have prepared
pursuant to the National Environmental Policy Act of 1969, as amended
(NEPA; 42 U.S.C. 4321 et seq.), and its implementing regulations in the
Code of Federal Regulations (CFR) at 40 CFR 1506.6. We will take
comments into consideration before issuance of the requested permit.
The applicant has submitted a draft HCP as part of the application
for an ITP under section 10(a)(1)(B) of the ESA. The draft HCP includes
measures necessary to minimize and mitigate the impacts, to the maximum
extent practicable, of potential taking of federally listed species to
be covered by the HCP, and the habitats upon which they depend,
resulting from construction and operation of the proposed Rooney Ranch
Wind Repowering Project within the project area, to include portions of
the Altamont Pass Wind Resource Area (APWRA) in Alameda County,
California.
Background Information
Section 9 of the ESA prohibits the take of fish or wildlife species
listed as endangered; as applicable to the species affected by the
proposed action, the ESA implementing regulations also prohibit take of
fish or wildlife species listed as threatened, with exceptions for
certain ranching activities on private and tribal lands as described in
50 CFR 17.43(c)(3)(i)-(xi) and 50 CFR 17.43(d)(3)(i)-(xi). 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.
The National Environmental Policy Act (NEPA; 42 U.S.C. 4321 et
seq.) requires Federal agencies to analyze their proposed actions to
determine whether the actions may significantly affect the human
environment. In these NEPA analyses, the Federal agency will identify
direct, indirect, and cumulative effects, as well as possible
mitigation for effects on environmental resources that could occur with
implementation of the proposed action and alternatives.
Proposed Action Alternative
We would issue an ITP to the applicant for a period of 36 years for
certain covered activities (described below). The applicant has
requested an ITP for three federally listed species. The HCP addresses
four types of proposed activities (referred to as covered activities in
the HCP): (1) Construction of facilities, (2) operation and maintenance
(O&M) of facilities, (3) conservation actions, and (4) restoration
actions. The project would consist of the installation of large-scale
modern wind turbines with generating capacities between 2.3 and 4.0
megawatts (MW), all generally similar in size and appearance, to
develop up to 25.1 MW. The proposed layout would include seven new-
generation wind turbines. Generally, existing roads would be used, with
temporary widening of approximately 2.7 miles of roads and construction
of approximately 0.3 mile of new roads. An existing on-site substation,
consisting of an approximately 0.2-acre gravel-covered footprint area,
may be expanded by 0.1 acre to accommodate installation of upgraded
equipment. Construction activities would result in 1.8 acres of
permanent impacts to landcover from the installation of facilities,
roads, and turbine structures. Construction activities would also
result in 42.9 acres
[[Page 32045]]
of temporary land cover impacts from activities such as grading,
trenching, excavation, access roads, and staging areas. Operations and
maintenance activities would result in temporary landcover disturbance
of up to 3.0 acres over the life of the permit. The project would
result in 1.8 acres of permanent impacts (construction) and 45.9 acres
of temporary impacts (construction + operations/maintenance).
Habitat Conservation Plan Area
The geographic scope of the draft HCP area comprises two separate
permit areas: The project permit area and the mitigation permit area.
The project permit area encompasses approximately 582 acres within the
APWRA in eastern Alameda County, California, consisting of two Santa
Clara City-owned parcels between I-580 to the south and Altamont Pass
Road to the north. The repowering project would be constructed entirely
within the project permit area. The mitigation permit area comprises
potential mitigation lands, still to be identified, that the applicant,
in coordination with the Service, is evaluating in Alameda County.
Based on where the mitigation lands are located in the County, the
estimated acreage required of the mitigation site would range from 48.3
to 51.3 acres. When the permit areas are combined, the HCP area will
cover approximately 633.3 acres.
Covered Activities
The proposed ESA section 10 ITP would allow take of three covered
species resulting from certain covered activities in the proposed HCP
area. The proposed covered activities under this HCP include
constructing and installing seven wind turbines and associated
electrical facilities and access roads, installing a meteorological
tower, a power collection system, expanding a substation as well as
maintaining the new wind turbines and the associated facilities, and
restoring the site. Specifically, proposed covered activities include
grading, excavating to support access roads, trenching to install
underground electrical lines, installing erosion-control measures
during construction and maintenance covered activities, installation or
temporary expansion of gravel roads, pouring a cement footing to
support each turbine, installing of other infrastructure, gravel
placement for road maintenance, vehicle travel, transport of equipment
and supplies, and other similar actions necessary to support the
construction, maintenance, and operation of the proposed Rooney Ranch
Wind Repowering Project. All activities associated with monitoring and
maintenance of habitat and listed species populations within the
mitigation site would also be considered covered activities.
The applicant proposes to avoid, minimize, and mitigate the effects
to the covered species associated with the covered activities by fully
implementing the HCP. The following mitigation measures will be
implemented for covered species as part of the HCP: Minimize impact
area; avoid injury of covered species during implementation of covered
activities through such measures as seasonal and daytime work
limitation, the presence of a biological monitor, and the placement of
wildlife exclusionary fencing in key areas; avoid habitat impacts
associated with erosion and sedimentation generated by covered
activities; minimize the risk of project-related toxic spills that
could adversely affect listed species habitat; restore all temporarily
disturbed listed species' habitat in the HCP area to pre-project
conditions within 1 year of disturbance; ensure implementation of the
avoidance and minimization measures; offset unavoidable impacts on
covered species through the purchase of approximately 48.3 to 51.3
acres of covered species habitat to ensure that temporary and permanent
effects are mitigated.
Covered Species
The applicants have requested an ITP for three federally listed
threatened species: The threatened California red-legged frog (Rana
draytonii), the threatened Central California distinct population
segment (DPS) of the California tiger salamander (Ambystoma
californiense) (Central California tiger salamander), and the
endangered San Joaquin kit fox (Vulpes macrotis mutica). All species
included on the ITP would receive assurances under the Service's ``No
Surprises'' regulations at 50 CFR 17.22(b)(5).
National Environmental Policy Act Compliance
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,
alternatives, and associated impacts and to disclose any irreversible
commitments of resources. The proposed action presented in the draft EA
will be 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. Other
alternatives were not considered or addressed in the draft EA, because
they did not fulfill the purpose and need of the project.
No Action Alternative
Under the no-action alternative, the HCP would not be implemented,
and the proposed ITP would not be issued. There would be no take of
federally listed species as a result of the project. This alternative
assumes that existing wind power production facilities and approved
repowering wind production facilities in the APWRA would continue to
operate into the future.
Environmental Review and Next Steps
As described in our EA, we have made the preliminary determination
that approval of the draft HCP and issuance of the permit would qualify
as finding of no significant impact (FONSI) under NEPA (42 U.S.C. 4321
et seq.), as provided by Federal regulations (40 CFR 1500.5(k),
1507.3(b)(2), 1508.4) and the Department of the Interior Manual. Our EA
articulates the project effects on all potential resources that could
be adversely affected, including aesthetics, air quality and climate
change, biological resources, cultural resources, geology, hazardous
materials and public safety hazards, hydrology and water quality,
noise, and traffic and transportation. It also includes an analysis of
alternatives and other required analysis such as unavoidable adverse
effects, irreversible and irretrievable commitments of resources, and
finally, short-term uses versus long-term productivity and cumulative
effects.
Public Comment Procedures
All comments and materials we receive in response to these requests
will be available for public review at http://www.regulations.gov.
Before including your address, phone number, email address, or
other personal identifying information in your comment, you should be
aware that your entire comment--including your personal identifying
information--may be made publicly available at any time. While you can
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 ITP is a Federal proposed action subject to
compliance with NEPA. The FWS 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 ESA. If the FWS determines that those requirements are
met, we will issue a permit to the applicant for the
[[Page 32046]]
incidental take of the covered species from the implementation of the
covered activities described in the HCP. A permit decision will be made
no sooner than 30 days after the date of publication of this notice in
the Federal Register.
Authority
We issue this notice pursuant to section 10(c) of the ESA (16
U.S.C. 1531 et seq.) and its implementing regulations (50 CFR 17.22 and
17.32), and the National Environmental Policy Act (42 U.S.C. 4321 et
seq.) and its implementing regulations (40 CFR 1506.6 and 43 CFR
46.305).
Jennifer Norris,
Field Supervisor, Sacramento Fish and Wildlife Office, U.S. Fish and
Wildlife Service, Sacramento, California.
[FR Doc. 2020-11369 Filed 5-27-20; 8:45 am]
BILLING CODE 4333-15-P
