California High-Speed Train Project: Fresno to Bakersfield Major Amendment No. 33 (California Endangered Species Act Incidental Take Permit No. 2081-2015-024-04

The Project approved by CDFW consists of the ITP, Major Amendments Nos. 1, 2, and 3, Minor Amendment No. 4, Major Amendments Nos. 5-32 and this Major Amendment No. 33, 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 wildlife resources subject to 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); and the candidate Western burrowing owl (Athene cunicularia hypugaea) (collectively, the Covered Species). The Project is expected to result in incidental take of blunt-nosed leopard lizard (Gambelia sila, BNLL) which is designated as endangered and as a fully protected species under the California Endangered Species Act (CESA). This Major Amendment No. 33 adds BNLL as a Covered Species subject to take authorization which will be impacted by Covered Activities; updates multiple Conditions of Approval to include BNLL and adds species-specific Conditions of Approval for BNLL; updates Table 9 to include Project related impacts to 255.30 acres of BNLL habitat updates Table 11 to include required compensatory Habitat Mitigation lands for BNLL, mitigation completed, and mitigation still outstanding which requires Performance Security; deletes Table 12 “Proposed Mitigation Sites” and adds Table 12 “Mitigation sites with Conservation Easements and documented species presence”; updates the Performance Security amount based on the Covered Species impacts still outstanding, adds a new Exhibit 9 BNLL Potential Habitat, updates to the Mitigation and Monitoring Reduction Plan (MMRP), and updates to the CESA Findings specific to BNLL. The Permittee has already permanently conserved 1,907.98 acres of high quality occupied BNLL habitat which has a monitoring program and an adaptive management plan, approved by CDFW to fully mitigate the impacts of the authorized take of BNLL.