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

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

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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