[Federal Register Volume 64, Number 249 (Wednesday, December 29, 1999)]
[Notices]
[Pages 73058-73060]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-33616]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Availability of a Draft Environmental Impact Statement and
Receipt of an Application for an Incidental Take Permit for the High
Desert Power Project, Victorville, San Bernardino County, California
AGENCY: Fish and Wildlife Service, Interior (Lead Agency); Bureau of
Land Management, Interior and Corps of Engineers, Army (Cooperating
Agencies).
ACTION: Notice of availability.
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SUMMARY: The High Desert Power Project Limited Liability Company
(Applicant) has applied to the Fish and Wildlife Service (Service) for
an incidental take permit pursuant to section 10(a)(1)(B) of the
Endangered Species Act of 1973, as amended. The
[[Page 73059]]
proposed 50-year permit would authorize the incidental take of the
threatened desert tortoise (Gopherus agassizii) in connection with the
development, operation, maintenance, and eventual decommissioning of
the High Desert Power Project (Power Project) in San Bernardino County,
California. The proposed permit would also authorize the incidental
take, in connection with the Power Project, of the Mohave ground
squirrel (Spermophilis mohavensis), a species listed as threatened by
the State of California, in the event that species becomes listed as
threatened or endangered under the Endangered Species Act during the
term of the requested permit.
The Service, in cooperation with the Bureau of Land Management and
the Army Corps of Engineers, has prepared a draft Environmental Impact
Statement addressing the potential effects on the human environment
that may result from the proposed granting of an incidental take permit
and other federal actions associated with the construction and
operation of the Power Project.
The permit application, including the Applicant's proposed Habitat
Conservation Plan and Implementing Agreement, are available for public
review and comment. The Environmental Impact Statement also is
available for public review and comment. All comments received,
including names and addresses, will become part of the administrative
record and may be made available to the public.
DATES: Written comments must be received on or before February 23,
2000.
ADDRESSES: Comments should be addressed to Ms. Diane Noda, Field
Supervisor, Fish and Wildlife Service, 2493 Portola Road, Suite B,
Ventura, CA 93003. Written comments may also be sent via facsimile to
(805) 644-3958.
FOR FURTHER INFORMATION CONTACT: Mr. George Walker, Fish and Wildlife
Service Biologist, Barstow, California, at (760) 255-8852.
SUPPLEMENTARY INFORMATION:
Document Availability
Copies of the incidental take permit application materials and
draft Environmental Impact Statement are available for review at the
following government offices and libraries:
Government Offices--Fish and Wildlife Service, Ventura Field
Office, 2493 Portola Road, Suite B, Ventura, California 93003, (805)
644-1766; and the Bureau of Land Management, Barstow Field Office, 2601
Barstow Road, Barstow, California 92311, (760) 252-6000.
Libraries--California State Library, Information and Reference
Center, 914 Capital Mall, Room 301, Sacramento, California 95814, (916)
654-0261; San Bernardino County Library, Adelanto Branch, 11744
Bartlett Avenue, Adelanto, California 92301, (760) 246-5661, San
Bernardino County Library, Victorville Branch, 15011 Circle Drive,
Victorville, California 92392, (760) 245-4222.
Background
Section 9 of the Endangered Species Act and Federal regulation
prohibit the ``take'' of animal species listed as endangered or
threatened. That is, no one may harass, harm, pursue, hunt, shoot,
wound, kill, trap, capture or collect listed animal species, or attempt
to engage in such conduct (16 USC 1538). Under limited circumstances,
the Service, however, may issue permits to authorize ``incidental
take'' of listed animal species (defined by the Endangered Species Act
as take that is incidental to, and not the purpose of, the carrying out
of an otherwise lawful activity). Regulations governing permits for
threatened and endangered species, respectively, are at 50 CFR 17.32
and 50 CFR 17.22.
The High Desert Power Project Limited Liability Company seeks an
incidental take permit for the threatened desert tortoise, and for the
Mohave ground squirrel should it be listed under the Act during the
term of the permit. Take of these species would be incidental to the
High Desert Power Project. The Applicant proposes to construct, operate
and maintain a 680- to 830-megawatt natural gas-fueled electricity
generation power plant on a 25-acre site located in the northeast
corner of the Southern California Logistics Airport, formerly a part of
George Air Force Base, in the City of Victorville, San Bernardino
County, California. The Applicant proposes to use an additional 24-acre
area for construction staging. The proposed project also includes the
construction, operation and maintenance of 7 water injection/extraction
wells within the Mojave River watershed; 2 water supply pipelines (one
approximately 2.5 miles in length and the other approximately 6.5 miles
in length); 2 natural gas supply pipelines (one approximately 3.5 miles
in length and the other approximately 32 miles in length); and a 7-
mile-long electrical transmission line.
Construction of the Power Project and associated facilities would
result in short-term, long-term, and permanent disturbances to desert
tortoise and Mohave ground squirrel habitat. The Power Project would
disturb approximately 630.2 acres of habitat, with approximately 244.1
acres of short-term disturbance and 386.1 acres of long-term and/or
permanent disturbance.
The Applicant proposes to minimize and/or mitigate for impacts
associated with the Power Project, in part, by conducting pre-
construction surveys of proposed work areas and construction zones, and
by developing an employee and contractor education program that would
describe allowable practices when constructing in desert tortoise and
Mohave ground squirrel habitat area. The Applicant would revegetate
habitat disturbed during construction, operation, maintenance, and/or
decommissioning activities in accordance with an approved habitat
conservation plan. As compensation for impacts to habitat on private
land, the Applicant would ensure the protection in perpetuity of
1,242.8 acres of off-site mitigation lands or habitat credits, having
habitat value for both desert tortoises and Mohave ground squirrels
that is at least as great as the value of the habitat being impacted.
The number of compensation acres was developed based on an agency-
approved formula which assesses the categories of previous and
potential disturbance, the condition and classification of the impacted
habitat, and potential impacts to adjacent habitat.
In addition to issuance of an incidental take permit by the
Service, the High Desert Power Project Limited Liability Company has
requested other Federal authorizations for the proposed project. The
Applicant seeks Nationwide Permit No. 12 authorizations by the Army
Corps of Engineers, pursuant to Section 404 of the Clean Water Act, for
pipeline crossings of waters of the United States. The Applicant also
seeks a right-of-way grant from the Bureau of Land Management pursuant
to Section 28 of the Mineral Leasing Act of 1920, to authorize
construction, operation and maintenance of the 32-mile natural gas
pipeline. To mitigate for impacts to desert tortoise and Mohave ground
squirrel associated with construction and operation of this gas
pipeline, the Applicant proposes that funding for restoration
activities may be provided either in lieu of or in combination with the
purchase of compensation lands or habitat credits.
In December 30, 1998, a notice was published in the Federal
Register (61 FR 71940) announcing that the Service would take the lead
in preparing an
[[Page 73060]]
Environmental Impact Statement addressing the Federal actions
associated with the Power Project. The Bureau of Land Management and
Army Corps of Engineers may use this Environmental Impact Statement as
the basis for their separate Federal permit decisions. Comments
received by the agencies during scoping were considered and are
reflected in the draft Environmental Impact Statement made available
for comment through this notice.
The draft Environmental Impact Statement analyzes the potential
environmental impacts that may result from the Federal actions
requested in support of the proposed development of the High Desert
Power Project, and identifies various alternatives, including the No
Action Alternative (no incidental take permit), the Combined Cycle
Power Plant with Dry Cooling Alternative, and various alternatives
proposing the power plant be located in different locations. Several of
these alternatives would reduce the amount of habitat disturbance and
levels of take of threatened and endangered species compared to the
Proposed Project Alternative but would have potentially greater adverse
effects on other resources such as air quality, land use, views, and
geological hazards.
The analysis provided in the draft Environmental Impact Statement
is intended to accomplish the following: inform the public of the
proposed action and alternatives; address public comment received
during the scoping period; disclose the direct, indirect, and
cumulative environmental effects of the proposed actions and each of
the alternatives; and indicate any irreversible commitment of resources
that would result from implementation of the proposed action.
This notice is provided pursuant to section 10(a) of the Endangered
Species Act and Fish and Wildlife Service regulations for implementing
the National Environmental Policy Act of 1969 (40 CFR 1506.6).
Dated: December 21, 1999.
Elizabeth H. Stevens,
Deputy Manager, Region 1, California/Nevada Operations Office,
Sacramento, California.
[FR Doc. 99-33616 Filed 12-28-99; 8:45 am]
BILLING CODE 4310-55-P
