[Federal Register Volume 82, Number 104 (Thursday, June 1, 2017)]
[Notices]
[Pages 25302-25304]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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.

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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