[Federal Register Volume 89, Number 11 (Wednesday, January 17, 2024)]
[Notices]
[Pages 2972-2975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00755]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[Docket No. FWS-R8-ES-2023-0055; FF08ESMF00-FXES11140800000-234]


Receipt of Incidental Take Permit Application and Proposed 
Habitat Conservation Plan for the Aramis Solar Energy Generation and 
Storage Project, Alameda County, CA; Availability of Draft 
Environmental Assessment

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability of permit application; request for 
comment.

-----------------------------------------------------------------------

SUMMARY: We, the U.S. Fish and Wildlife Service, announce the 
availability of a draft environmental assessment under the National 
Environmental Policy Act (NEPA) for an

[[Page 2973]]

incidental take permit (ITP) under the Endangered Species Act (ESA), 
supported by a draft habitat conservation plan (draft HCP). IP Aramis, 
LLC (applicant) has applied for an ITP under the ESA for the Aramis 
Solar Energy Generation and Storage Project in Alameda County, 
California. The requested ITP, which would be in effect for a period of 
32 years, if granted, would authorize incidental take of the federally 
threatened California red-legged frog, federally threatened Central 
Distinct Population Segment of the California tiger salamander (Central 
California tiger salamander), federally endangered San Joaquin kit fox, 
Federal candidate monarch butterfly, and non-listed golden eagle, which 
is protected under the Bald and Golden Eagle Protection Act (Eagle 
Act). We invite the public and local, State, Tribal, and Federal 
agencies to comment on the application. Before issuing the requested 
permit, we will take into consideration any information that we receive 
during the public comment period.

DATES: We must receive your written comments on or before February 16, 
2024.

ADDRESSES: 
    Obtaining Documents: The draft environmental assessment, draft HCP, 
and any comments and other materials that we receive are available for 
public inspection at https://www.regulations.gov in Docket No. FWS-R8-
ES-2023-0055.
    Submitting Comments: To submit comments, please use one of the 
following methods, and note that your information requests or comments 
are in reference to the draft environmental assessment, draft HCP, or 
both.
     Internet: Submit comments at https://www.regulations.gov 
under Docket No. FWS-R8-ES-2023-0055.
     U.S. Mail: Public Comments Processing, Attn: Docket No. 
FWS-R8-ES-2023-0055; U.S. Fish and Wildlife Service Headquarters, MS: 
PRB/3W; 5275 Leesburg Pike; Falls Church, VA 22041-3803.
    For more information, see Public Comments and Public Availability 
of Comments, under SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Joseph Terry, Senior Fish and Wildlife 
Biologist, or Ryan Olah, Supervisor, Coast Bay Division, Fish and 
Wildlife Service, Sacramento Fish and Wildlife Office, by phone at 916-
414-6600. Individuals in the United States who are deaf, deafblind, 
hard of hearing, or have a speech disability may dial 711 (TTY, TDD, or 
TeleBraille) to access telecommunications relay services. Individuals 
outside the United States should use the relay services offered within 
their country to make international calls to the point-of-contact in 
the United States.

SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service 
(Service), announce the availability of a draft environmental 
assessment, 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. This notice also announces the receipt of an application 
from IP Aramis, LLC (applicant) for a 32-year incidental take permit 
(ITP) under the Endangered Species Act of 1973, as amended (ESA; 16 
U.S.C. 1531 et seq.). Application for the permit requires the 
preparation of a habitat conservation plan (HCP) with measures to 
avoid, minimize, and mitigate the impacts of incidental take to the 
maximum extent practicable. The applicant prepared the draft Aramis 
Solar Energy Generation and Storage Project Habitat Conservation Plan 
(draft HCP) pursuant to section 10(a)(1)(B) of the ESA. The purpose of 
the draft environmental assessment is to assess the effects of issuing 
the permit and implementing the draft HCP on the natural and human 
environment. The Eagle Act (16 U.S.C. 668-668d and 50 CFR 22.80) 
regulations at 50 CFR 22.10 allow the Service to cover eagles under an 
HCP Section 10(a)(1)(B) ITP. Accordingly, the HCP was written to meet 
the requirements for the Service to issue the permit under ESA Section 
10 and the Eagle Act. Criteria for issuance of an eagle permit are 
codified in 50 CFR 22.80(f).

Background

    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, including the Central 
California tiger salamander and California red-legged frog, 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 https://www.fws.gov/service/habitat-conservation-plans.

National Environmental Policy Act Compliance

    The proposed ITP issuance triggers the need for NEPA compliance (42 
U.S.C. 4321 et seq.). The draft environmental assessment 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.

Proposed Action Alternative

    Under the Proposed Action Alternative, the Service would issue an 
ITP to the applicant for a period of 32 years for certain covered 
activities (described below). The applicant has requested an ITP for 
three federally listed species, one Federal candidate species, and one 
non-listed species protected by the Eagle Act (described below).
Habitat Conservation Plan Area
    The geographic scope of the draft HCP encompasses a 398-acre (ac) 
project permit area and a 453-ac mitigation permit area. The project 
permit area comprises an approximately 398-ac site where the power-
generating facilities and battery energy storage system would be 
constructed in the unincorporated North Livermore area of Alameda 
County, California, approximately 2.25 miles north of the Livermore 
city limits and Interstate 580. The project permit area is bounded by 
Manning Road to the north, North Livermore Avenue to the east, and a 
private driveway to the south. The mitigation permit area is a 453-ac 
site located at Vieira Ranch, south of Patterson Pass Road and north of 
Tesla Road, in unincorporated eastern Alameda County, California.
Eagle Act Compensatory Mitigation
    Retrofitting power poles with a high risk of avian electrocution in 
accordance with Avian Power Line Interaction Committee guidelines is 
the only form of compensatory mitigation that enables benefits to 
golden eagles to be quantified with reasonable certainty at this time. 
High-risk poles would be retrofitted within the eagle management unit. 
To offset the predicted loss of golden eagle productivity due to 
disturbance take and loss of breeding productivity to one breeding 
territory in the vicinity of the project permit area and the 
disturbance of one breeding territory during two breeding seasons at 
the mitigation permit area, the applicant would need to retrofit 
approximately 129 to 298 power poles to offset 8.26 fledged young lost 
at a 1.2:1 ratio. The final power pole number depends on

[[Page 2974]]

the type and expected longevity of each retrofit. Short-term retrofits 
that use plastic covers equate to avoided loss from retrofits that is 
maintained and effective for up to 10 years, which would require more 
poles. Long-term retrofits where avoided loss from retrofits is 
maintained and effective for up to 30 years require fewer poles. To 
complete the required compensatory mitigation, the applicant would 
either work directly with a utility company to complete the required 
power pole retrofits, with Service approval of the developed plan, or 
the applicant would work with a Service-approved in-lieu fee program to 
purchase credits to fulfill the required retrofits that must be 
completed. The draft HCP contains details of the analysis conducted to 
estimate the number of power pole retrofits required for compensatory 
mitigation.
    To address the high cumulative impacts on golden eagle populations 
in this area, primarily due to mortality from wind turbines in the 
Altamont Pass Wind Resource Area, severe drought, and urban 
development, the applicant's proposed off-site 453-ac habitat 
mitigation area includes a known golden eagle nest site and overlaps in 
part with one golden eagle breeding territory. This nest site and the 
mitigation lands would be protected and managed to benefit golden 
eagles as described in the draft HCP.
Covered Activities
    The proposed ESA section 10 ITP would allow take of the California 
red-legged frog, Central California tiger salamander, San Joaquin kit 
fox, monarch butterfly, and golden eagle from covered activities in the 
proposed HCP area, including all ground-disturbing activities and 
impacts from construction, operation and maintenance activities, and 
site decommissioning or repowering of the project, as well as 
activities necessary to implement management actions at the mitigation 
permit area. Covered activities at the 398-ac project permit area 
include all ground-disturbing activities and impacts from construction, 
including: (1) site access, staging, and preparation, including 
development of access roads, internal project area roads, parking 
areas, and equipment staging areas, as well as limited excavation 
activities for utility poles and building foundations; (2) installation 
of a 100-megawatt solar photovoltaic and electrical collection system, 
including solar arrays, fencing, and utility lines; (3) installation of 
a project substation and generation intertie line occupying a 5,000 
square foot area, and utility lines; (4) installation of a battery 
energy storage system occupying a 5-ac portion of the project permit 
area; (5) construction of an operation and maintenance (O&M) building 
and electrical controls occupying approximately 400 square-feet of the 
project permit area; (6) construction of project entrances and internal 
driveways to provide access for routine maintenance of the system; (7) 
installation of fences, lighting, and signage designed to enable 
passage of covered species while keeping the project area secure; (8) 
construction of a detention basin approximately 0.4 ac in size, 
designed to avoid water ponding, prevent the discharge of off-site 
stormwater runoff, allow for onsite infiltration within 48 hours (the 
basin would be routinely maintained to remove vegetative growth); (9) 
installation of water storage tanks onsite for fire suppression for the 
battery energy storage system, use for O&M activities, and to maintain 
proposed landscaping and vegetation; (10) installation of a 
agricultural landscaping buffer as a visual screen (i.e., buffer) to 
neighboring properties; (11) O&M activities, including routine 
preventative maintenance conducted by O&M staff and supported by 
outside contractors; (12) a sustainable agriculture program that 
consists of grassland management, sheep grazing, chicken rearing, 
beekeeping, and an agricultural landscaping buffer; and (13) 
restoration and management of grassland habitat at the project permit 
area. Covered activities at the 453-ac mitigation permit area include 
installation and maintenance of fencing, cattle grazing, maintenance of 
ponds or impoundments, mowing, controlled burning, erosion control or 
repair, invasive species control, fire management, monitoring, and 
plantings for covered species. The applicant is proposing to implement 
a number of best management practices, as well as general and species-
specific avoidance and minimization measures to minimize the impacts of 
the covered activities on the covered species.
Covered Species
    The applicant has requested an ITP for two federally listed 
threatened species, one federally listed endangered species, one 
Federal candidate species, and one non-listed species protected by the 
Eagle Act: the threatened California red-legged frog (Rana draytonii), 
the threatened Central California Distinct Population Segment of the 
California tiger salamander (Ambystoma californiense) (Central 
California tiger salamander), the endangered San Joaquin kit fox 
(Vulpes macrotis mutica), the candidate monarch butterfly (Danaus 
plexippus), and the non-listed golden eagle (Aquila chrysaetos). All 
species included in the ITP would receive assurances under the 
Service's ``No Surprises'' regulations at 50 CFR 17.22(b)(5).

No Action Alternative

    Under the No Action Alternative, the Service would not issue an 
ITP, and the HCP would not be implemented. Permit denial would prevent 
the applicant from proceeding with the covered activities because there 
would be no other alternative means of complying with the ESA and Eagle 
Act. Under the No Action Alternative there would be no take of 
federally listed species, monarch butterflies, or golden eagles, and 
permanent protection of habitat for federally listed species, monarch 
butterflies, and the golden eagle at Vieira Ranch would not occur. The 
retrofit of power poles would also not occur. Under the No Action 
Alternative, agricultural uses (dry-land farming and grazing) would 
continue at the project site, and a new source of renewable solar 
energy would not be available to public utilities, municipal utilities, 
or private consumers.

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 environmental assessment, 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. Information on the seasonal use of the mitigation permit area by 
the monarch butterfly;
    6. Information on establishing a monitoring program for the monarch 
butterfly at the mitigation permit area to inform adaptive management 
for the benefit of the species;
    7. Information on how to enhance, restore, and adaptively manage 
breeding and nectar habitat for the monarch butterfly at the mitigation 
permit area while maintaining cattle grazing throughout the mitigation 
permit area to enhance upland refugia and dispersal

[[Page 2975]]

habitat for the Central California tiger salamander and California red-
legged frog, denning and dispersal habitat for the San Joaquin kit fox, 
and foraging habitat for the golden eagle;
    8. Information on how to incorporate climate change into an 
adaptive management plan at the mitigation permit area for the benefit 
of the Central California tiger salamander, California red-legged frog, 
San Joaquin kit fox, monarch butterfly, and golden eagle;
    9. Information on the effects of photovoltaic solar panels on 
annual grassland habitat quality, burrowing mammal activity, amphibians 
(e.g., Central California tiger salamander and California red-legged 
frog), pollinators (e.g., monarch butterfly and Crotch's bumble bee), 
golden eagles, and microclimatic effects underneath the solar panels;
    10. Information on the effects of sheep grazing and chicken rearing 
on pollinators (e.g., monarch butterfly and Crotch's bumble bee), 
amphibians (e.g., Central California tiger salamander and California 
red-legged frog), and golden eagles;
    11. 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
    12. 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 and section 7 of the ESA. We will 
evaluate the application, associated documents, and any public comments 
we receive as part of our NEPA compliance process to determine whether 
the application meets the requirements of section 10(a) of the ESA. If 
we determine that those requirements are met, we will conduct an intra-
Service consultation under section 7 of the ESA for the Federal action 
for the potential issuance of an ITP. If the intra-Service consultation 
confirms that issuance of the ITP will not jeopardize the continued 
existence of any endangered or threatened species, or destroy or 
adversely modify critical habitat, we will issue a permit to the 
applicant for the incidental take of the covered species.

Authority

    We publish this notice under the National Environmental Policy Act 
of 1969, as amended (42 U.S.C. 4321 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 et seq.) and its 
implementing regulations at 50 CFR 17.32(b)(1) (ii), and the Eagle Act 
(16 U.S.C. 668-668d and 50 CFR 22.80) regulations at 50 CFR 22.10 which 
allow the Service to cover eagles under an HCP Section 10(a)(1)(B) ITP. 
Criteria for issuance of an eagle permit are codified in 50 CFR 
22.80(f).

Michael Fris,
Field Supervisor, Sacramento Fish and Wildlife Office.
[FR Doc. 2024-00755 Filed 1-16-24; 8:45 am]
BILLING CODE 4333-15-P