Notice2025-01340
Incidental Take Permit Application for the Desert Tortoise; Draft Habitat Conservation Plan and Draft Environmental Assessment; Overnight Solar Energy Project, San Bernardino County, CA
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 21, 2025
Issuing agencies
Interior DepartmentFish and Wildlife Service
Abstract
We, the U.S. Fish and Wildlife Service (Service), have received an application from Overnight Solar, LLC for an incidental take permit under the Endangered Species Act. The permit would authorize take of the federally threatened desert tortoise (Gopherus agassizii) incidental to otherwise lawful activities associated with construction, operation, maintenance, and decommissioning of the Overnight Solar Energy Project. We invite comments on the applicant's draft habitat conservation plan and the draft environmental assessment, which we have prepared pursuant to the National Environmental Policy Act. We will take comments into consideration before deciding whether to issue an incidental take permit.
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 12 (Tuesday, January 21, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 12 (Tuesday, January 21, 2025)]
[Notices]
[Pages 7154-7155]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-01340]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R8-ES-2024-0160; FXES11140800000-256-FF08ECAR00]
Incidental Take Permit Application for the Desert Tortoise; Draft
Habitat Conservation Plan and Draft Environmental Assessment; Overnight
Solar Energy Project, San Bernardino County, CA
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for public comments.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have
received an application from Overnight Solar, LLC for an incidental
take permit under the Endangered Species Act. The permit would
authorize take of the federally threatened desert tortoise (Gopherus
agassizii) incidental to otherwise lawful activities associated with
construction, operation, maintenance, and decommissioning of the
Overnight Solar Energy Project. We invite comments on the applicant's
draft habitat conservation plan and the draft environmental assessment,
which we have prepared pursuant to the National Environmental Policy
Act. We will take comments into consideration before deciding whether
to issue an incidental take permit.
DATES: Submitting Comments: We must receive any written comments on or
before February 20, 2025.
ADDRESSES: Obtaining Documents: The application, application supporting
materials, and any comments and other materials that we receive will be
available for public inspection at <a href="https://www.regulations.gov">https://www.regulations.gov</a> in
Docket No. FWS-R8-ES-2024-0160.
Submitting Written Comments: You may submit your written comments
using one of the following methods:
<bullet> Online: <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the
instructions for submitting comments on Docket No. FWS-R8-ES-2024-0160.
<bullet> U.S. Mail: Public Comments Processing, Attn: Docket No.
FWS-R8-ES-2024-0160; U.S. Fish and Wildlife Service, MS: PRB/3W, 5275
Leesburg Pike, Falls Church, VA 22041-3803.
FOR FURTHER INFORMATION CONTACT: Richard Tung, Fish and Wildlife
Biologist, by email at <a href="/cdn-cgi/l/email-protection#4e3c272d262f3c2a113a3b20290e28393d60292138"><span class="__cf_email__" data-cfemail="bdcfd4ded5dccfd9e2c9c8d3dafddbcace93dad2cb">[email protected]</span></a> or via phone at 760-322-
2070. 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 have received an application from
Overnight Solar, LLC (applicant) for an incidental take permit under
the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et
seq.). The application addresses the potential take of the federally
threatened desert tortoise (Gopherus agassizii), incidental to
otherwise lawful activities at the Overnight Solar Energy Project
(project), as described in the applicant's draft habitat conservation
plan. The proposed project would be located north of the town of
Hinkley in San Bernardino County, California.
Background
Section 9 of the ESA (16 U.S.C. 1538) and Federal regulations
promulgated pursuant to section 4(d) of the ESA (16 U.S.C. 1533)
prohibit the take of endangered and threatened animals without special
exemption. Under section 10(a)(1)(B) of the ESA (16 U.S.C. 1539), 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 endangered
and threatened species are set forth in title 50 of the Code of Federal
Regulations (CFR) at part 17, sections 17.22 and 17.32.
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 the NEPA analysis, the Federal agency will identify the
effects, as well as possible mitigation for effects on environmental
resources, that could occur with the implementation of the proposed
action and alternatives. The Federal action in this case is the
Service's proposed issuance of an incidental take permit for the
federally threatened desert tortoise.
Permit Application
The applicant has submitted a draft habitat conservation plan that
describes the activities proposed to be covered by the permit, such as
the construction of a solar field. To minimize the risk of incidental
take, the applicant would employ qualified biologists to translocate
desert tortoises to a safe location off site. To mitigate the impact of
the incidental take, the applicant proposes to fund the preservation of
desert tortoise habitat through new acquisition of suitable habitat or
purchase of applicable mitigation credits from a Service approved
mitigation bank.
The draft conservation plan and the draft environmental assessment
[[Page 7155]]
consider alternatives to the proposed action, including a no action
alternative.
The Service prepared a draft environmental assessment to evaluate
the impacts of issuing the proposed incidental take permit on the human
environment, consistent with the purpose and goals of NEPA and pursuant
to the Council on Environmental Quality's implementing NEPA regulations
at 40 CFR parts 1500 through 1508. Additionally, the draft
environmental assessment was prepared consistent with the Department of
the Interior NEPA regulations (43 CFR part 46); longstanding Federal
judicial and regulatory interpretations; and Administration priorities
and policies, including Secretary's Order No. 3399.
Public Comments
If you wish to comment on the draft conservation plan and draft
environmental assessment, you may submit comments by one of the methods
in ADDRESSES.
Public Availability of Comments
All comments and materials we receive in response to this request
will become part of the decision record associated with this action.
If you submit a comment at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, your entire
comment, including any personal identifying information, will be posted
on the website.
If you submit a hardcopy comment that includes personal identifying
information, such as your address, phone number, or email address, 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 hardcopy document to withhold your
personal identifying information from public review, we cannot
guarantee that we will be able to do so.
Authority
The Service provides this notice under section 10(c) of the
Endangered Species Act (16 U.S.C. 1531 et seq.) and its implementing
regulations and the National Environmental Policy Act (42 U.S.C. 4321
et seq.) and its implementing regulations (40 CFR 1500 through 1508 and
43 CFR part 46).
Scott Sobiech,
Field Supervisor, Carlsbad Fish and Wildlife Office, Carlsbad,
California.
[FR Doc. 2025-01340 Filed 1-17-25; 8:45 am]
BILLING CODE 4333-15-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on January 21, 2025.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.