[Federal Register Volume 84, Number 128 (Wednesday, July 3, 2019)]
[Notices]
[Pages 31897-31899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14196]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[Docket No. FWS-R8-ES-2019-0043; FXES11130800000 190]


Endangered and Threatened Species; Proposed Low-Effect Habitat 
Conservation Plan for the Desert Tortoise, Nye County, NV

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of application; request for comments.

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SUMMARY: We, the U.S. Fish and Wildlife Service, have received an 
application from Canyon Mesa Solar, LLC for an incidental take permit 
under the Endangered Species Act. The requested permit would authorize 
take of the Mojave desert tortoise resulting from the construction, 
operation, and maintenance of a solar photovoltaic facility in Pahrump, 
Nevada. The permit application includes a proposed low-effect habitat 
conservation plan (HCP). In accordance with the requirements of the 
National Environmental Policy Act (NEPA), we have prepared a draft low-

[[Page 31898]]

effect screening form supporting our preliminary determination that the 
proposed action qualifies as a categorical exclusion under NEPA. We are 
accepting comments on the permit application, proposed low-effect HCP, 
and draft NEPA compliance documentation.

DATES: Please send your written comments by August 2, 2019.

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-2019-0043 at 
http://www.regulations.gov. Persons wishing to review documents may 
obtain copies by written or telephone request to Jennifer Wilkening, by 
phone at 702-515-5239, or by mail at U.S. Fish and Wildlife Service, 
Southern Nevada Fish and Wildlife Office, 4701 N Torrey Pines Dr., Las 
Vegas, NV 89130.
    Submitting Comments: You may submit comments by one of the 
following methods:
     Online: http://www.regulations.gov. Follow the 
instructions for submitting comments on Docket No. FWS-R8-ES-2019-0043.
     U.S. mail or hand-delivery: Public Comments Processing, 
Attn: Docket No. FWS-R8-ES-2019-0043; U.S. Fish and Wildlife Service; 
MS: JAO/1N; 5275 Leesburg Pike, Falls Church, VA 22041-3803.
    We request that you send comments by only the methods described 
above.

FOR FURTHER INFORMATION CONTACT: Jennifer Wilkening, Southern Nevada 
Fish and Wildlife Office, 702-515-5239 (phone) or 
[email protected] (email). If you use a telecommunications 
device for the deaf, hard-of-hearing, or speech disabled, please call 
the Federal Relay Service at 800-877-8339.

SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service, have 
received an application from Canyon Mesa Solar, LLC for a 30-year 
incidental take permit (permit) under the Endangered Species Act of 
1973, as amended (ESA; 16 U.S.C. 1531 et seq.). The requested permit 
would authorize take of the threatened Mojave desert tortoise (Gopherus 
agassizii) resulting from the construction, operation, and maintenance 
of a solar photovoltaic facility in Pahrump, Nevada. The permit 
application includes a proposed low-effect habitat conservation plan 
(HCP) that incorporates measures the applicant would implement to 
minimize and mitigate effects of otherwise lawful project activities on 
the desert tortoise. We have prepared a draft low-effect screening form 
supporting our preliminary determination that the proposed action 
qualifies as a categorical exclusion under the National Environmental 
Policy Act (NEPA; 42 U.S.C. 4321 et seq.). We are accepting comments on 
the permit application, proposed low-effect HCP, and draft NEPA 
compliance documentation.

Background

    Section 9 of the ESA prohibits take of fish and wildlife species 
listed as endangered (16 U.S.C. 1538). Although not listed as 
endangered, the Mojave desert tortoise was listed as threatened on 
April 2, 1990 (55 FR 12178), with an accompanying ESA section 4(d) rule 
(16 U.S.C. 1533(d)), which applies the same take prohibitions for an 
endangered species to the threatened tortoise.
    Under section 10(a)(1)(B) of the ESA (16 U.S.C. 1539(a)(1)(B)), we 
may issue permits to authorize take of listed fish and wildlife species 
that is incidental to, and not the purpose of, carrying out an 
otherwise lawful activity. Regulations governing permits for threatened 
species are set forth in title 50 of the Code of Federal Regulations 
(CFR) at part 17, section 17.32.
    NEPA (42 U.S.C. 4321 et seq.) requires a detailed environmental 
impact statement (EIS) for major Federal actions that significantly 
affect the quality of the human environment. An agency may use an 
environmental assessment (EA) to inform a decision as to whether to 
complete an EIS, or it can establish categories of actions that 
individually or cumulatively generally do not have significant effects 
on the human environment and do not require either an EA or an EIS. For 
this permit application, the Service has preliminarily determined that 
the issuance of the ITP is not a major Federal action that will 
significantly affect the quality of the human environment, nor will it 
individually or cumulatively have more than a negligible effect on the 
species covered by the HCP, and should therefore be categorically 
excluded from further NEPA analysis as a low-effect HCP (see table 
below).The project occurs on land parcels zoned light industrial or 
mixed use, and the area has been impacted by prior disturbances such as 
a now-abandoned airfield, off-road use, trash dumping, and target 
shooting. Vegetation within the majority of the site (95 acres) will be 
mowed or trimmed, rather than bladed or graded, and site fencing will 
include openings to allow tortoises to enter and exit the facility 
after construction. Photovoltaic (PV) panels will be installed at a 
greater height than the industry standard, and panel spacing will be 
increased to facilitate optimum vegetative growth, which will help to 
maintain future habitat connectivity for wildlife following 
construction.

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                                                                                                                                    Project's actions to
       Applicant, city, state          HCP covered species      Location and Size          Activities            Type of take      minimize and mitigate
                                                                                                                                          for take
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Canyon Mesa Solar, LLC, Las Vegas,   Mojave desert tortoise  Nye County, NV........  Survey, capture,       Harm, possible         Translocation,
 Nevada.                              (Gopherus agassizii).  South of City of         handle, restore        mortality or injury.   habitat restoration,
                                                              Pahrump..               habitat, and                                  research and
                                                             165.6 acres...........   translocate.                                  monitoring, testing
                                                                                                                                    and development of
                                                                                                                                    invasive weed
                                                                                                                                    management
                                                                                                                                    techniques, leaving
                                                                                                                                    native vegetation in
                                                                                                                                    place and allowing
                                                                                                                                    for wildlife use
                                                                                                                                    inside site after
                                                                                                                                    construction,
                                                                                                                                    maintaining habitat
                                                                                                                                    connectivity.
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Public Availability of Comments

    All comments and materials we receive in response to this request 
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

    If we decide to issue a permit to the applicant listed in this 
notice, we will publish a 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

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regulations (50 CFR 17.22 and 17.32) and consistent with the National 
Environmental Policy Act (42 U.S.C. 4321 et seq.) and its implementing 
regulations (40 CFR 1506.6 and 43 CFR 46.205).

Glen Knowles,
Field Supervisor, Southern Nevada Fish and Wildlife Office, Las Vegas, 
Nevada.
[FR Doc. 2019-14196 Filed 7-2-19; 8:45 am]
BILLING CODE 4333-15-P