California High-Speed Train Project: Fresno to Bakersfield Major Amendment No. 26 (California Endangered Species Act Incidental Take Permit No. 2081-2015-024-04
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                Summary
                SCH Number
            
            
                2009091126
            
        
                    Lead Agency
            
            
                California High Speed Rail Authority
                
            
        
                Document Title
            
            California High-Speed Train Project: Fresno to Bakersfield Major Amendment No. 26 (California Endangered Species Act Incidental Take Permit No. 2081-2015-024-04
        
                Document Type
            
            
                NOD - Notice of Determination
            
        
                Received
            
            
                    Posted
                
                
                    2/16/2023
                
            
                Document Description
            
            The Project approved by CDFW consists of the ITP, Major Amendments Nos. 1, 2, and 3, Minor Amendment No. 4, Major Amendments Nos. 5-25 and this Major Amendment No. 26, as referenced above and as issued by CDFW, which addresses construction and operation of the Fresno to Bakersfield segment of the HST, as approved by the lead agency, affecting or generally related to fish and wildlife resources subject to the regulatory authority of CDFW, including natural resources subject to the California Endangered Species Act (CESA). The ITP authorizes incidental take of the threatened California tiger salamander (Ambystoma californiense), San Joaquin antelope squirrel (Ammospermophilus nelsoni), Swainson’s hawk (Buteo swainsoni), and San Joaquin kit fox (Vulpes macrotis mutica) and the endangered Tipton kangaroo rat (Dipodomys nitratoides nitratoides), (collectively, the Covered Species), species designated as threatened and endangered under CESA.   
Major Amendment No. 26 makes ten specific changes to the ITP, as previously amended. This Amendment increases the size of the Project Construction Footprint by 7.69 acres to a total of 6,700.27 acres of cumulative disturbance to accommodate access road installation, site preparation for the catenary switching station system location, utility relocations and protection, and other Covered Activities, updates Table 8 for Roadway and Utility Modifications by adding 7 new locations and adding acreage to 14 existing locations, updates Table 9 by adding impacts to the Covered Species Habitat Impacts types for Tipton kangaroo rat, San Joaquin antelope squirrel, Swainson’s hawk and San Joaquin kit fox resulting from the increase to the Project Construction Footprint, but also decreases the total impact to Swainson’s hawk habitat due to a re-evaluation of suitable habitat features at the time of the pre-construction surveys despite the increase in the number of nests within half a mile of the Construction Footprint, updates Table 10 to include all the known Swainson’s hawk nest trees utilized during the 2023 nesting season and makes three corrections for prior nest locations, corrects three prior Swainson’s hawk nest locations in Table 10A, updates what needs to be included in the Monthly Compliance Report in Condition of Approval 7.7, changes the due date in Condition of Approval 7.9 for the submittal of the Swainson’s Hawk Report with the nesting season details to be submitted to CDFW, allows for alternatives to current excavation coverings or ramping for animal escape in Condition of Approval 8.7, updates Table 11 and increases the required compensatory HM lands and the Performance Security amount based on the accompanying estimates of management costs required to mitigate for Covered Species impacts, modifies Exhibit 6, the “Baseline Map Book,” by replacing Map Book Pages 20, 39, 40, and 42 to reflect the increased Project Construction Footprint.
        Contact Information
                        Name
                    
                    
                        Laura Peterson-Diaz
                    
                
                        Agency Name
                    
                    
                        California Department of Fish and Wildlife
                    
                
                            Job Title
                        
                        
                            Sr. Environmental Scientist (Specialist)
                        
                    
                        Contact Types
                    
                    
                        Responsible Agency
                    
                
                            Phone
                        
                        
                    Location
                    Counties
                
                Fresno, Kern
            
                    Regions
                
                Northern California
            
                    Other Location Info
                
                
                    The Project includes the California High Speed Train (HST) alignment beginning on the south side of the G Street and San Benito Street intersection, north of Highway 41, in the City of Fresno, Fresno County, California. From this intersection, the Fresno to Bakersfield HST alignment extends south either along or adjacent to the Burlington Northern Santa Fe Railway (BNSF) for approximately 99 miles before reaching the section endpoint, at the intersection of 7th Standard Road, and Santa Fe Way, within the city limits of Shafter, in Kern County, California. 
                
            Notice of Determination
                        Approving Agency
                    
                    
                        California Department of Fish and Wildlife
                    
                
                            Approving Agency Role
                        
                        
                            Responsible Agency
                        
                    
                            Approved On
                        
                        Determinations
                            (1) The project will have a significant impact on the environment
                        
                        
                            No
                        
                    
                            (2a) An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA
                        
                        
                            Yes
                        
                    
                            (2b) A Mitigated or a Negative Declaration was prepared for this project pursuant to the provisions of CEQA
                        
                        
                            No
                        
                    
                            (2c) An other document type was prepared for this project pursuant to the provisions of CEQA
                        
                        
                            No
                        
                    
                            (3) Mitigated measures were made a condition of the approval of the project
                        
                        
                            Yes
                        
                    
                            (4) A mitigation reporting or monitoring plan was adopted for this project
                        
                        
                            Yes
                        
                    
                            (5) A Statement of Overriding Considerations was adopted for this project
                        
                        
                            No
                        
                    
                            (6) Findings were made pursuant to the provisions of CEQA
                        
                        
                            Yes
                        
                    Attachments
                        Notice of Determination
                    
                    
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