[Federal Register Volume 82, Number 147 (Wednesday, August 2, 2017)]
[Notices]
[Pages 35986-35988]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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.

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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