[Federal Register Volume 76, Number 146 (Friday, July 29, 2011)]
[Notices]
[Pages 45606-45609]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-19175]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
Fish and Wildlife Service
[FWS-R8-ES-2011-N131; 80221-1112-80221-F2]
Desert Renewable Energy Conservation Plan, Habitat Conservation
Plan and Possible Land Use Plan Amendment, Southern California:
Environmental Impact Statement
AGENCY: Fish and Wildlife Service, Interior; Bureau of Land Management,
Interior.
ACTION: Notice of intent and notice of public meetings; request for
comments.
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SUMMARY: We, the Fish and Wildlife Service (Service), intend to prepare
an Environmental Impact Statement (EIS) under the National
Environmental Policy Act (NEPA) of 1969, as amended, for the proposed
Desert Renewable Energy Conservation Plan (DRECP). The EIS will be a
joint Environmental Impact Statement/Environmental Impact Report (EIS/
EIR), for which the Service and the Bureau of Land Management (BLM),
together with the California Energy Commission (CEC) and the California
Department of Fish and Game (CDFG), intend to gather information
necessary for preparation. The DRECP will then be prepared to meet the
requirements of the Federal Endangered Species Act of 1973, as amended,
and the State of California's Endangered Species Act and Natural
Communities Conservation Planning Act. The BLM, in compliance with the
Federal Land Policy and Management Act, as amended, will consider this
NEPA process and the resulting DRECP documents in its analysis toward
possible amendment of BLM's California Desert Conservation Area (CDCA)
Plan of 1980, as amended.
DATES: Please send written comments on or before September 12, 2011
(see ADDRESSES).
Three public scoping meetings will be held for the EIS/EIR, and we
will accept written comments at these meetings. These public meetings
will be held on the following dates and at the following locations:
1. August 16, 2011, 7-9 p.m., Lake Arrowhead Ballroom, Doubletree
Ontario Hotel, 222 N Vineyard Ave. Ontario, CA 91764.
2. August 24, 2011, 2-4 p.m., Hearing Room A, California Energy
Commission, 1516 Ninth St. Sacramento, CA 95814.
3. August 24, 2011, 7-9 p.m., Hearing Room A, California Energy
Commission, 1516 Ninth St. Sacramento, CA 95814.
For more information, see ``Public Comments'' and ``Reasonable
Accommodation'' under SUPPLEMENTARY INFORMATION.
ADDRESSES: Send your comments or requests for more information by any
one of the following methods.
E-mail: FW8DRECP@fws.gov. Include ``Scoping Comments'' in the
subject line of the message.
Fax: Attn: Jim Bartel, Field Supervisor, (760) 431-5902.
U.S. Mail: Jim Bartel, Field Supervisor, Carlsbad Fish and Wildlife
Office, U.S. Fish and Wildlife Service, 6010 Hidden Valley Road, Suite
101, Carlsbad, CA 92011.
In-Person Drop-off: You may drop off comments during regular
business hours at the above address.
FOR FURTHER INFORMATION CONTACT: Ken Corey, Assistant Field Supervisor,
by phone at (760) 431-9440, or by U.S. mail at the above address; or
Vicki Campbell, DRECP Program Manager, by phone at (916) 978-4320, or
by U.S. mail at the BLM California State Office, 2800 Cottage Way,
Suite W-1623, Sacramento, CA 95825.
SUPPLEMENTARY INFORMATION: The Service intends to prepare an EIS under
NEPA for the proposed Desert Renewable Energy Conservation Plan
(DRECP). The EIS will be a joint Environmental Impact Statement/
Environmental Impact Report (EIS/EIR), for which the Service and BLM,
together with the California Energy Commission (CEC) and the CDFG,
intend to gather information necessary for preparation. The DRECP will
then be prepared to meet the requirements of the section 10 habitat
conservation plan (HCP) process under the Federal Endangered Species
Act of 1973, as amended (ESA), and the State of California's Endangered
Species Act (CESA) and Natural Communities Conservation Planning Act
(NCCPA). The Service and BLM will serve as co-lead agencies in the
overall EIS process.
BLM, in compliance with the Federal Land Policy and Management Act,
as amended (43 U.S.C. 1701-1782; FLPMA), will consider the NEPA process
and DRECP documents in its analysis as it considers possibly amending
its California Desert Conservation Area Plan of 1980, as amended
(CDCAP). The BLM issued a Notice of Intent to Prepare an EIS for a
possible amendment to the CDCAP on November 20, 2009 (74 FR 60291). At
this time, BLM announces the joining of its EIS preparation for the
possible CDCAP amendment with the Service's EIS for the DRECP. For
further information on the potential CDCA Plan amendment, please refer
to BLM's November 20, 2009, Federal Register notice.
The Service will serve as the administrative lead for all actions
related to this Federal Register notice for the DRECP HCP EIS component
of the EIS/EIR. The CEC will serve as the State lead agency under the
California Environmental Quality Act (CEQA) for the EIR component.
The Service is publishing this notice to announce the initiation of
a public scoping period, during which we invite other agencies (local,
State, and Federal), Tribes, nongovernmental organizations, and the
public to submit written comments providing suggestions
[[Page 45607]]
and information on the scope of issues and alternatives to be addressed
in the EIS. Concurrently with this notice, the CEC has publicly
released a CEQA notice of preparation for its EIR via State and local
media. Please see http://www.drecp.org for more information on the CEQA
process.
Background
The proposed DRECP would establish the structure to integrate
renewable energy development and biological resource conservation
across the Mojave and Colorado Desert regions of southern California.
The Department of the Interior (DOI) Secretarial Order No. 3285 A1
(February 22, 2011) establishes the development of renewable energy as
a departmental priority and outlines a strategy to increase the
development and transmission of renewable energy from appropriate areas
on public lands. The order also provides for DOI collaboration with
other Federal agencies, States, local communities, and private
landowners to facilitate the timely and environmentally responsible
development of renewable energy and associated transmission while
protecting and enhancing the nation's water, wildlife, and other
natural resources.
In November 2008, California's Governor issued an executive order
establishing the State of California's goal of meeting 33 percent of
the State's electricity generation from renewable resources by 2020.
The 33-percent goal became law with the enactment of California State
Senate Bill 2 (Joe Simitian), signed into law by the Governor on April
12, 2011 (Pub. Resources Code, 25740, as amended by Stats. 2011, 1st
Ex. Sess., ch.1X). The California Governor's Executive Order S-14-08
(November 17, 2008) mandated the development of the DRECP, a major
component of California's renewable energy planning efforts. The
proposed DRECP, if approved by the CEC and if permits are issued by the
Service and CDFG, is expected to further these objectives and
accelerate the processing of renewable projects in the Mojave and
Colorado Deserts of southern California. The proposed DRECP is intended
to advance State and Federal conservation goals in these desert regions
while also facilitating the timely permitting of renewable energy
projects, and to provide durable and reliable regulatory assurances, as
appropriate, under the NCCPA and the ESA for renewable energy
development on non-Federal land in the Mojave and Colorado Deserts of
southern California. The DRECP would help provide for effective
protection and conservation of desert ecosystems while allowing the
appropriate development of renewable energy projects.
A Renewable Energy Action Team (REAT), consisting of the CEC, CDFG,
BLM, and the Service, will oversee preparation and implementation of
the DRECP. The REAT was created through Memoranda of Understanding in
2009 and 2010 among the CEC, CDFG, BLM, the Service, the Secretary of
the Interior, and the Governor of California. The REAT's primary
mission is to streamline and accelerate the permitting processes for
renewable energy projects, while contributing to the conservation of
endangered species and natural communities at the ecosystem scale.
The proposed DRECP will serve as a multiple-species HCP for CEC in
its application for an incidental take permit under section 10(a)(1)(B)
of the Federal ESA of 1973, as amended (16 U.S.C. 1531 et seq.). The
DRECP will also serve as a Natural Community Conservation Plan (NCCP)
under section 2800 et seq. of the California Fish and Game Code. Upon
approval and adoption of the DRECP, the CEC and potentially other
applicants would obtain authorization for the incidental take of
certain endangered, threatened, and special-status plant and animal
species (``Covered Species'') from the Service on non-Federal land, and
from CDFG on both Federal and non-Federal land. If the Federal and
State permits are issued, the permittees could extend their permit
authorizations to proponents of additional renewable energy and
transmission projects under their jurisdiction.
Section 9 of the ESA (16 U.S.C. 1531 et seq.) and Federal
regulations prohibit the ``take'' of a fish or wildlife species listed
as endangered or threatened. Under the ESA, the following activities
are defined as take: To harass, harm, pursue, hunt, shoot, wound, kill,
trap, capture, or collect listed wildlife species, or attempt to engage
in such conduct (16 U.S.C. 1532). Under certain circumstances, the
Service may issue permits to authorize ``incidental take'' of listed
wildlife species under section 10(a)(1)(B) of the ESA on non-Federal
lands. Incidental take is defined by the ESA as take that is incidental
to, and not the purpose of, carrying out an otherwise lawful activity.
Regulations governing permits for endangered and threatened species are
at 50 CFR 17.22 and 50 CFR 17.32, respectively.
Section 10 of the ESA specifies the requirements for the issuance
of incidental take permits to non-Federal entities. Any proposed take
must be incidental to otherwise lawful activities and cannot
appreciably reduce the likelihood of the survival and recovery of the
species in the wild. The impacts of such take must also be minimized
and mitigated to the maximum extent practicable. To obtain an
incidental take permit, an applicant must prepare aHCP describing the
impacts that will likely result from the proposed taking, the measures
for minimizing and mitigating the impacts of the take, the funding
available to implement such measures, alternatives to the taking, and
the reason why such alternatives are not being implemented. Thus, the
HCP sets forth a uniform and systematic conservation strategy that
ensures that impacts to Covered Species and their habitats from
activities covered by the HCP (``Covered Activities'') are minimized
and mitigated to the maximum extent practicable. If a section 10 permit
is issued, the permittee(s) would receive assurances for all plant and
animal species covered by the HCP on non-Federal land and included on
the permit under the Service's ``No Surprises'' regulation (50 CFR
17.22(b)(5) and 17.32(b)(5)).
Project Area
The proposed DRECP Planning Area generally covers approximately
22,587,000 acres of Federal and non-Federal land in the Mojave and
Colorado Desert regions of southern California where renewable energy
development potentially may occur, including portions of seven counties
(Imperial, Inyo, Kern, Los Angeles, Riverside, San Bernardino, and San
Diego). The proposed HCP would cover non-Federal lands in the project
area, the proposed NCCPwould cover both Federal (to the extent
permitted by law) and non-Federal lands, and the possible CDCA Plan
amendment would cover BLM-administered lands. The proposed DRECP and
possible CDCAP amendment may focus on specific areas for development,
such as the west Mojave, Imperial, and eastern Riverside areas.
Potential Applicants
The DRECP is being prepared through a collaboration of Federal,
State, and local agencies as the basis for the CEC (and potentially
other entities) to apply for incidental take permits for implementation
of the DRECP under (1) Section 10(a)(1)(B) of the ESA and (2) Section
2835 (NCCPA) or Section 2081 (CESA) of the California Fish and Game
Code. Other potential applicants that may have jurisdiction over
renewable energy and transmission development in the DRECP Planning
Area, include the California Public Utilities Commission, special
utilities districts,
[[Page 45608]]
and local agencies (counties and cities). Upon approval and adoption of
the DRECP, and issuance of incidental take authorizations by the
Service and CDFG, these other entities, if included as permittees,
could extend their permit authorizations to proponents of renewable
energy and transmission projects under their jurisdiction.
Other entities that may apply for incidental take permits that have
authority over lands within the DRECP Planning Area include CDFG, the
State Lands Commission, the California Parks and Recreation Department,
and certain campuses of the University of California.
Covered Activities
The proposed ESA incidental take permit may allow take of Covered
Species of wildlife resulting from Covered Activities on non-Federal
land in the proposed DRECP Planning Area. The purpose of the DRECP is
to contribute to the conservation of Covered Species while streamlining
endangered species permitting for renewable energy development and
transmission projects. To ensure that all relevant renewable energy
projects are included and addressed, the Covered Activities are defined
broadly as the exploration, pre-project activities (geotechnical
borings, site reconnaissance, and, depending on the type of project,
installation of temporary meteorological stations or test drilling and
trenching), site preparation and construction, related infrastructure
requirements, operations and maintenance, monitoring, and future
decommissioning of public and private utility-scale renewable energy
generation and transmission in the plan area. The activity types
covered by the DRECP are expected to include transmission facilities
that support renewable energy development, solar (photovoltaic and
thermal) projects, wind projects, geothermal projects, and conservation
actions. To facilitate timely and environmentally responsible
development, the proposed DRECP and possible CDCAP amendment may focus
on specific areas for development, such as the west Mojave, Imperial,
and east Riverside areas. Potential impacts to Covered Species would be
addressed through a conservation program that includes avoidance,
minimization, mitigation, conservation, and restoration of habitat for
Covered Species by multiple components, such as reserve design and
assembly processes, protection and management elements, funding
assurances, monitoring, and adaptive management within the
DRECPPlanning Area. More information on proposed Covered Activities is
available on the Internet at http://www.drecp.org/covered activities.
The planning goals of the DRECP include the following:
Provide for the longer term conservation and management of
Covered Species within the DRECP plan area;
Preserve, restore, and enhance natural communities and
ecosystems that support Covered Species within the DRECP area;
Build on the competitive renewable energy zones identified
by the Renewable Energy Transmission Initiative;
Further identify the most appropriate locations within the
DRECP area for the development of utility-scale renewable energy
projects, taking into account potential impacts to threatened and
endangered species and sensitive natural communities;
Provide a means to implement Covered Activities in a
manner that complies with the ESA, CESA, NCCPA, NEPA, CEQA, and other
relevant laws;
Provide a basis for the issuance of take authorizations
allowing the lawful take of Covered Species incidental to Covered
Activities;
Provide for issuance of take authorizations for other
Covered Species that are not currently listed but which may be listed
in the future;
Provide a comprehensive means to coordinate and
standardize mitigation and compensation requirements for Covered
Activities within the plan area;
Provide a framework for a more efficient process by which
proposed renewable energy projects with the plan area may obtain
regulatory authorizations, and which results in greater conservation
values than would a project-by-project, species-by-species review; and
Identify and incorporate climate change adaptation
research, management objectives, and policies into the final plan
document.
Covered Species
Covered Species are those species addressed in the proposed DRECP
for which conservation actions will be implemented and for which the
applicants will seek incidental take authorizations for a period of up
to 40 years. Proposed Covered Species are expected to include
threatened and endangered species listed under the ESA, species listed
under CESA, and unlisted species of Federal and Stateconservation
concern.
The following Federally listed threatened and endangered wildlife
species are proposed to be covered by the DRECP: The threatened desert
tortoise (Gopherusagassizii), endangered Peninsular bighorn sheep
(Oviscanadensisnelsoni), endangered California condor
(Gymnogypscalifornianus), and endangered arroyo toad (Anaxyrus [Bufo]
californicus).
Take of Federally listed plant species is not prohibited on non-
Federal land under the ESA, and authorization under an ESA section 10
permit is not required. Section 9 of ESA does, however, prohibit the
removal or malicious destruction of Federally listed plants from areas
under Federal jurisdiction and the removal or destruction of such
plants in knowing violation of State law. In addition, section 7(a)(2)
of the ESA prohibits Federal agencies from jeopardizing the continued
existence of any listed plant or animal species, or destroying or
adversely modifying the critical habitat of such species. The following
Federally listed plant species are proposed to be included in the DRECP
in recognition of the conservation benefits to be provided for them
under the plan, and the assurances permit holders would receive if they
are included on a permit: The threatened Peirson's milk-vetch
(Astragalusmagdalenaevar.peirsonii), endangered Amargosaniterwort
(Nitrophilamohavensis), endangered Lane Mountain milk-vetch
(Astragalusjaegerianus), and endangered triple-ribbed milk-vetch
(Astragalustricarinatus).
The following species that are not Federally listed are proposed to
be covered by the DRECP: Amargosa River vole
(Microtuscalifornicusscirpensis), California leaf-nosed bat
(Macrotuscalifornicus), Mohave ground squirrel (Spermophilus
[Xerospermophilus] mohavensis), Mojave River vole
(Microtuscalifornicusmohavensis), pallid bat (Antrozouspallidus),
Townsend's big-eared bat (Corynorhinustownsendii), American peregrine
falcon (Falco peregrinusanatum), bald eagle (Haliaeetusleucocephalus),
burrowing owl (Athenecunicularia), golden eagle (Aquila chrysaetos),
Greater Sandhill crane (Gruscanadensistabida), Swainson's hawk
(Buteoswainsoni), flat-tailed horned lizard (Phrynosomamcallii), Mojave
fringe-toed lizard (Uma scoparia), Barstow woolly sunflower
(Eriophyllummohavense), desert cymopterus (Cymopterusdeserticola), and
Mojave monkeyflower (Mimulusmohavensis).
The species noted above will be evaluated for inclusion in the
DRECP as
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proposed Covered Species. However, the list of Covered Species may
change as the planning process progresses; species may be added or
removed as more is learned about the nature of Covered Activities and
their impact on native species within the plan area. More information
on Covered Species, including State-listed and unlisted species, is
available on the Internet at http://www.drecp.org/covered species.
Environmental Impact Statement
Before deciding whether to issue the requested Federal incidental
take permit, the Service will prepare a draft EIS as part of the joint
EIS/EIR, in order to analyze the environmental impacts associated with
potential adoption and implementation of the proposed DRECP as a HCP
and NCCP. In the EIS component of the joint EIS/EIR, the Service will
consider the following alternatives: (1) The proposed action, which
includes the issuance of take authorizations consistent with the
proposed DRECP under section 10(a)(1)(B) of the ESA; (2) no action (no
Federal ESA permit issuance); and (3) a reasonable range of
alternatives that address different scenarios of renewable energy
development and species conservation on both Federal and non-Federal
land. The EIS/EIR will include a detailed analysis of the impacts of
the proposed action and alternatives. The range of alternatives to be
considered and analyzed will represent varying levels of conservation
and impacts, and may include variations in the scope of Covered
Activities; variations in the locations, amount, and type of
conservation; variations in permit duration; or a combination of these
elements. The BLM may address other considerations in the EIS. In
compliance with NEPA, the Service and BLM will be responsible for the
scope and preparation of the EIS component of the joint EIS/EIR.
The EIS/EIR will identify and analyze potentially significant
direct, indirect, and cumulative impacts of the Service's authorization
of incidental take (permit issuance) and the implementation of the
proposed DRECP on biological resources, land uses (including BLM, U.S.
Department of Defense military operations, and Native American
traditional land uses), utilities, air quality, water resources
(including surface and groundwater supply and water quality), cultural
resources, socioeconomics and environmental justice, outdoor
recreation, visual resources, induced growth, climate change and
greenhouse gases, and other environmental issues that could occur with
implementation of the proposed action and alternatives. The Service and
the BLM will use all practicable means, consistent with NEPA and other
essential considerations of national policy, to avoid or minimize
significant effects of their actions upon the quality of the human
environment.
The Service and BLM have invited the National Park Service (NPS),
Environmental Protection Agency (EPA), Department of Energy, and the
Department of Defense to be cooperating Federal agencies in the
preparation of the EIS, because the proposed project may have effects
on lands and facilities under the jurisdictions of those agencies. To
date, the NPS and EPA have requested and agreed to be cooperating
agencies. The CDFG has requested and agreed to be a State cooperating
agency. The Service, BLM, NPS, EPA, and CDFG agree that establishing a
cooperating agency relationship will create a more streamlined and
coordinated approach in developing this EIS.
Reasonable Accommodation
Persons needing reasonable accommodations to attend and participate
in the public meeting should contact Ken Corey at (760) 431-9440 as
soon as possible. To allow sufficient time to process requests, please
call no later than 1 week before the public meeting. Information
regarding this proposed action is available in alternative formats upon
request.
Public Comments
Before including your address, phone number, e-mail 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.
Material the Service receives 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 Carlsbad address
(see ADDRESSES).
At the close of the public comment period, all written comments
received by the Federal co-lead agencies will be posted on the Internet
at http://www.drecp.org/public scoping comments. Comments received by
CEC in response to their notice of preparation under CEQA will also be
posted on the Web site.
Authority: 40 CFR 1501.7.
Tom Pogacnik,
Deputy State Director, Natural Resources, California State Office,
Bureau of Land Management, Sacramento, California.
Dated: July 22, 2011.
Alexandra Pitts,
Deputy Regional Director, Pacific Southwest Region, U.S. Fish and
Wildlife Service, Sacramento, California.
[FR Doc. 2011-19175 Filed 7-28-11; 8:45 am]
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