[Federal Register Volume 89, Number 240 (Friday, December 13, 2024)]
[Notices]
[Pages 101034-101036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29405]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS-R8-ES-2024-0125; FXES11140800000-189-FF08ESMF00]
Endangered and Threatened Species; Receipt of Amended Incidental
Take Permit Application and Amended Habitat Conservation Plan for the
Proposed Rooney Ranch Wind Repowering Project, Alameda County, CA;
Draft Environmental Assessment
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for comments.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have
received an application for an amended incidental take permit under the
Endangered Species Act (ESA) to conduct activities with the potential
for take of endangered and threatened species that is incidental to,
and not the purpose of, carrying out otherwise lawful activities. We
invite comments on the applicant's amended permit application and
amended habitat conservation plan (HCP), and the associated
environmental assessment, which we have prepared pursuant to the
National Environmental Policy Act. The amended incidental take permit
(ITP) is necessary due to an increase in the project's temporary and
permanent impacts and a new applicant for the ITP. In addition, the new
applicant would like to add two additional species that have been
proposed for Federal listing and request ``take'' coverage should the
species become listed. We invite the public and local, State, Tribal,
and Federal agencies to comment on the documents. Before issuing the
requested permit, we will take into consideration all comments
received.
DATES: To ensure consideration, please send your written comments by
January 13, 2025.
ADDRESSES:
Obtaining Documents:
Electronic copies: 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-2024-
0125 at https://www.regulations.gov.
You may also obtain electronic copies of the draft amended Rooney
Ranch Wind Repowering Project Habitat Conservation Plan (draft HCP) and
draft amended environmental assessment (EA) from the Sacramento Fish
and Wildlife Office website at https://www.fws.gov/office/sacramento-fish-and-wildlife. (See FOR FURTHER INFORMATION CONTACT.)
Submitting Comments: You may submit comments by one of the
following methods:
internet: https://www.regulations.gov. Follow the
instructions for submitting comments under Docket No. FWS-R8-ES-2024-
0125.
U.S. mail: Public Comments Processing, Attn: Docket No.
FWS-R8-ES-2024-0125; U.S. Fish and Wildlife Service; 5275 Leesburg
Pike, MS: PRB/3W; Falls Church, VA 22041-3803
We request that you send comments by only the methods described
above.
For more information, see Public Comment Procedures under
SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT: Jason Hanni, Fish and Wildlife
Biologist, Sacramento Fish and Wildlife Office (see ADDRESSES), 916-
414-6600 (telephone). 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, have
prepared an environmental assessment under the National Environmental
Policy Act (NEPA) for the proposed Rooney Ranch Wind Repowering Project
in response to an application from Viracocha Wind, LLC (applicant) for
a 36-year amended incidental take permit for three species under the
Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et
seq.), and two additional species that have been proposed for Federal
listing. This amended ITP is an update to the previously issued ITP for
the project. (For more about that process, see our notice of May 28,
2020 (85 FR 32044).) Changes to the project's anticipated disturbance
acreage, inclusion of the additional two species, and the change of
applicant necessitate the amended ITP. The application addresses the
potential for ``take'' of the following three federally listed animals:
the Central California distinct population segment of the California
tiger salamander (Ambystoma californiense) (central CTS), the
California red-legged frog (Rana draytonii), and the San Joaquin kit
fox (Vulpes macrotis mutica). The application also addresses the
potential for ``take'' of the following two animals proposed for
Federal listing: northwestern pond turtle (Actinemys marmorata) and
western spadefoot (Spea hammondii), a frog species. The applicant would
implement a conservation program to minimize and mitigate the project
impacts, as described in the applicant's amended habitat conservation
plan (HCP). We invite comments on the applicant's permit application,
amended HCP, and the associated amended EA, which we have 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. We will take
comments into consideration before issuance of the requested permit.
The applicant has submitted a draft amended HCP as part of the
application for an ITP under section 10(a)(1)(B) of the ESA. The draft
amended HCP includes measures necessary to minimize and mitigate the
impacts, to the maximum extent practicable, of potential taking of
federally listed species to be covered by the amended HCP, and the
habitats upon which they depend, resulting from construction and
operation of the proposed Rooney Ranch Wind Repowering Project within
the project area, to include portions of the Altamont Pass Wind
Resource Area (APWRA) in Alameda County, California.
Background Information
Section 9 of the ESA prohibits the take of fish or wildlife species
listed as
[[Page 101035]]
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, 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). The applicant has
also proposed to include the northwestern pond turtle and the western
spadefoot as covered species under the plan; for these two species, all
applicable section 9 prohibitions, including any exceptions, would only
be in effect upon a final listing determination. 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.
The National Environmental Policy Act (NEPA; 42 U.S.C. 4321 et
seq.) requires Federal agencies to analyze their proposed actions to
determine whether the actions may significantly affect the human
environment. In these NEPA analyses, the Federal agency will identify
direct, indirect, and cumulative effects, as well as possible
mitigation for effects on environmental resources that could occur with
implementation of the proposed action and alternatives.
Proposed Action Alternative
We would issue an ITP to the applicant for a period of 36 years for
certain covered activities (described below). The applicant has
requested an amended ITP for three federally listed species and the two
species proposed for federal listing. The amended HCP addresses four
types of proposed activities (referred to as covered activities in the
HCP): (1) Construction of facilities, (2) operation and maintenance
(O&M) of facilities, (3) conservation actions, and (4) restoration
actions. The project would consist of the installation of large-scale
modern wind turbines with generating capacities up to 4.0 megawatts
(MW), all generally similar in size and appearance, to generate up to
28 MW. The proposed layout would include seven new-generation wind
turbines. Generally, existing roads would be used, with approximately
1.52 miles of new roads to provide access to proposed turbine
locations. Temporary widening of existing roads would be required to
safely accommodate the turbine components and associated construction
equipment. An existing on-site substation, consisting of an
approximately 0.2-acre (ac) gravel-covered footprint area, may be
expanded by 0.1 ac to accommodate installation of upgraded equipment.
Construction activities would result in 11.1 ac of permanent impacts to
landcover from the installation of facilities, roads, and turbine
structures. This is an increase of 9.3 ac over the previously permitted
1.8 ac of permanent impacts. Construction activities would also result
in 65 ac of temporary land cover impacts from activities such as
grading, trenching, excavation, access roads, and staging areas.
Operations and maintenance activities would result in temporary
landcover disturbance of up to 3.0 ac over the life of the permit. The
project would result in 11.1 ac of permanent impacts (construction) and
68.0 ac of temporary impacts (construction + operations/maintenance).
Habitat Conservation Plan Area
The geographic scope of the draft amended HCP area comprises two
separate permit areas: the project permit area and the mitigation
permit area. The project permit area encompasses approximately 580.43
ac within the APWRA in eastern Alameda County, California, consisting
of two Santa Clara City-owned parcels between I-580 to the south and
Altamont Pass Road to the north. The repowering project would be
constructed entirely within the project permit area. The mitigation
permit area comprises potential mitigation lands, still to be
identified, that the applicant, in coordination with the Service, is
evaluating in Alameda County. Based on where the mitigation lands are
located in the County, the estimated acreage required of the mitigation
site would be 101.3 ac. The mitigation will be achieved by purchasing
credits at a Service-approved conservation bank or applicant-purchased
mitigation lands that occur within Alameda County. When the permit
areas are combined, the amended HCP area will cover approximately 683.3
ac.
Covered Activities
The proposed ESA section 10 amended ITP would allow take of five
covered species resulting from certain covered activities in the
proposed HCP area. The proposed covered activities under this amended
HCP include constructing and installing seven wind turbines and
associated electrical facilities and access roads, installing a
meteorological tower and a power collection system, expanding a
substation, maintaining the new wind turbines and the associated
facilities, and restoring the site. Specifically, proposed covered
activities include grading, excavating to support access roads,
trenching to install underground electrical lines, installing erosion
control measures during construction and maintenance covered
activities, installing or temporarily expanding gravel roads, pouring a
cement footing to support each turbine, installing other
infrastructure, placing gravel for road maintenance, causing wear by
vehicle travel, transporting equipment and supplies, and other similar
actions necessary to support the construction, maintenance, and
operation of the proposed Rooney Ranch Wind Repowering Project. All
activities associated with monitoring and maintenance of habitat and
listed species populations within the mitigation site would also be
considered covered activities.
The applicant proposes to avoid, minimize, and mitigate the effects
to the covered species associated with the covered activities by fully
implementing the amended HCP. The following mitigation measures will be
implemented for covered species as part of the amended HCP: Minimize
impact area; avoid injury of covered species during implementation of
covered activities, through such measures as seasonal and daytime work
limitation, preconstruction surveys to determine whether covered
species are present and contact the Service if any life stage is found,
biological monitors' presence, and wildlife exclusionary fencing in key
areas; avoid habitat impacts associated with erosion and sedimentation
generated by covered activities; minimize the risk of project-related
toxic spills that could adversely affect listed species' habitat;
restore all listed species' habitat that is temporarily disturbed in
the amended HCP area to pre-project conditions within 1 year of
disturbance; ensure implementation of the avoidance and minimization
measures; offset unavoidable impacts on the five covered species
through the purchase of approximately 101.3 ac of covered species
habitat to ensure that temporary and permanent effects are mitigated.
Covered Species
The applicants have requested an amended ITP for three federally
listed species: the threatened California red-legged frog (Rana
draytonii), the threatened Central California distinct population
segment (DPS) of the California tiger salamander (Ambystoma
californiense) (Central California tiger salamander), and the
endangered San Joaquin kit fox (Vulpes macrotis mutica). The amended
ITP would also cover two species that have been proposed for Federal
listing, the
[[Page 101036]]
northwestern pond turtle (Actinemys marmorata) and the western
spadefoot (Spea hammondii). All species included on the ITP would
receive assurances under the Service's ``No Surprises'' regulations at
50 CFR 17.22(b)(5).
National Environmental Policy Act Compliance
The draft amended EA was prepared to analyze the impacts of issuing
an amended ITP based on the draft amended HCP and to inform the public
of the proposed action, alternatives, and associated impacts, and to
disclose any irreversible commitments of resources. The proposed action
presented in the draft amended EA will be 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. Other alternatives were not considered or addressed in
the draft amended EA, because they did not fulfill the purpose and need
of the project.
No-Action Alternative
Under the no-action alternative, the amended HCP would not be
implemented, and the proposed amended ITP would not be issued. There
would be no take of federally listed species as a result of the
project. This alternative assumes that existing wind power production
facilities and approved repowering wind production facilities in the
APWRA would continue to operate into the future.
Environmental Review and Next Steps
As described in our amended EA, we have made the preliminary
determination that approval of the draft amended HCP and issuance of
the permit would qualify as finding of no significant impact (FONSI)
under NEPA (42 U.S.C. 4321 et seq.), as provided by Federal regulations
(40 CFR 1500.5(k), 1507.3(b)(2), and 1508.13) and the Department of the
Interior Manual. Our amended EA articulates the project effects on all
potential resources that could be adversely affected, including
aesthetics, air quality and climate change, biological resources,
cultural resources, geology, hazardous materials and public safety
hazards, hydrology and water quality, noise, and traffic and
transportation. It also includes an analysis of alternatives and other
required analysis such as unavoidable adverse effects, irreversible and
irretrievable commitments of resources, and, finally, short-term uses
versus long-term productivity and cumulative effects.
Public Comment Procedures
All comments and materials we receive in response to these requests
will be available for public review at https://www.regulations.gov (see
ADDRESSES).
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
Issuance of an amended ITP is a Federal proposed action subject to
compliance with NEPA. The FWS 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 ESA. If the FWS determines that those requirements are
met, we will issue a permit to the applicant for the incidental take of
the covered species from the implementation of the covered activities
described in the amended HCP. A permit decision will be made no sooner
than 30 days after the date of publication of this 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 regulations (50 CFR 17.22 and
17.32), and the National Environmental Policy Act (42 U.S.C. 4321 et
seq.) and its implementing regulations (40 CFR 1506.6 and 43 CFR
46.305).
Michael Fris,
Field Supervisor, Sacramento Fish and Wildlife Office, U.S. Fish and
Wildlife Service, Sacramento, California.
[FR Doc. 2024-29405 Filed 12-12-24; 8:45 am]
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