[Federal Register: May 26, 2010 (Volume 75, Number 101)]
[Notices]
[Page 29575-29577]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26my10-75]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R3-ES-2010-N094; 30120-1113-000-F6]
Endangered and Threatened Wildlife and Plants; Indiana Bat;
Notice of Intent To Prepare a Draft Environmental Impact Statement for
a Proposed Habitat Conservation Plan and Incidental Take Permit
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of intent to prepare a draft environmental impact
statement and draft habitat conservation plan; request for comments.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service) intend to
prepare a draft environmental impact statement (EIS) to evaluate the
impacts of several alternatives relating to the proposed issuance of an
Endangered Species Act Permit to EverPower Wind Holdings, Inc., its
subsidiary Buckeye Wind LLC, and its affiliates (applicant) for
incidental take of the Indiana bat (Myotis sodalis), a Federal
endangered species, from activities associated with the construction
and operation of a wind power project in Champaign County, Ohio. We
also announce a public comment period.
DATES: To ensure consideration, please send your written comments by
June 25, 2010.
ADDRESSES: You may submit comments by one of the following methods:
U.S. mail or hand-delivery: Ms. Megan Seymour, U.S. Fish and
Wildlife Service, Ohio Field Office, 4625 Morse Rd., Suite 104,
Columbus, OH 43230;
E-mail comments: EverPowerHCP@fws.gov; or
Fax: (614) 416-8994 (Attention: Megan Seymour).
FOR FURTHER INFORMATION CONTACT: Ms. Megan Seymour, at (614) 416-8993,
extension 16. Individuals who are hearing-impaired or speech-impaired
may call the Federal Relay Service at (800) 877-8337 for TTY
assistance.
SUPPLEMENTARY INFORMATION: We publish this notice in compliance with
the National Environmental Policy Act (NEPA) of 1969, as amended (42
U.S.C. 4321 et seq.), and its implementing regulations (40 CFR 1506.6),
and section 10(c) of the Endangered Species Act of 1973, as amended
(Act; 16 U.S.C. 1531 et seq.). We intend to gather the information
necessary to determine impacts and alternatives to support a decision
regarding the potential issuance of an incidental take permit to the
applicant, and the implementation of the supporting draft HCP. We
intend to prepare an EIS to evaluate the impacts of several
alternatives relating to the proposed issuance of an incidental take
permit under the Act. The applicant proposes to apply for an incidental
take permit through development and implementation of an HCP. The
proposed HCP will cover take of the Indiana bat that is incidental to
activities associated with the construction and operation of the
applicant's Buckeye Wind Energy project and will include measures
necessary to minimize and mitigate impacts to the Indiana bat and its
habitat to the maximum extent practicable.
Public Comments
We request data, comments, new information, or suggestions from the
public, other concerned governmental agencies, the scientific
community, Tribes, industry, or any other interested party on this
notice. These comments will be considered by the Service in developing
a draft EIS and in the development of an HCP and ITP. We particularly
seek comments concerning:
(1) Biological information concerning the Indiana bat;
(2) Relevant data concerning wind power and bat interactions;
(3) Additional information concerning the range, distribution,
population size, and population trends of the Indiana bat;
(4) Current or planned activities in the subject area and their
possible impacts on the Indiana bat;
(5) The presence of archeological sites, buildings and structures,
historic events, sacred and traditional areas, and other historic
preservation concerns, which are required to be considered in project
planning by the National Historic Preservation Act; and
(6) Identification of any other environmental issues that should be
considered with regard to the proposed development and permit action.
You may submit your comments and materials considering this notice
by one of the methods listed in the ADDRESSES section. If you
previously submitted comments on this project during the public comment
period associated with Federal Register notice 75 FR 4840 (published
January 29, 2010), you need not resubmit your comments. All previously
received comments on this project will be considered in development of
the draft EIS.
Comments and materials we receive, as well as supporting
documentation we use in preparing the NEPA document, will be available
for public inspection by appointment, during normal business hours, at
the U.S. Fish and Wildlife Service, Ohio Field Office (see FOR FURTHER
INFORMATION CONTACT section). You may obtain copies of this notice on
the Internet at: http://www.fws.gov/midwest/Endangered/permits/hcp/
r3hcps.html, or by mail from the Ohio Field Office (see FOR FURTHER
INFORMATION CONTACT section).
Background
Section 9 of the Act prohibits ``taking'' of fish and wildlife
species listed as endangered under section 4 of the Act. The Act's
implementing regulations extend, under certain circumstances, the
prohibition of take to threatened species. Under section 3 of the Act,
the term ``take'' means ``to harass, harm, pursue, hunt, shoot, wound,
kill, trap, capture, or collect, or to attempt to engage in any such
conduct.'' The term ``harm'' is defined by regulation as ``an act which
actually kills or injures wildlife. Such act may include significant
habitat modification or degradation where it actually kills or injures
wildlife by significantly impairing essential behavioral patterns,
including breeding, feeding, or sheltering'' (50 CFR 17.3). The term
``harass'' is defined in the regulations as ``an intentional or
negligent act or omission which creates the likelihood of injury to
wildlife by annoying it to such an extent as to significantly disrupt
normal behavioral patterns which include, but are not limited to,
breeding, feeding, or sheltering'' (50 CFR 17.3). Section 10(a)(1)(B)
of the Act requires an applicant for an incidental take permit to
prepare an HCP that describes: (1) The impact that will result from
such taking; (2) the steps the applicant will take to minimize and
mitigate that take to the maximum extent practicable, and the funding
that will be available to implement such steps; (3) the
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alternative actions to such taking that the applicant considered and
the reasons why such alternatives are not being utilized; and (4) the
other measures that the Service may require as being necessary or
appropriate for the purposes of the plan. The Act requires the Service
to issue an incidental take permit to an applicant when we determine
that: (1) The taking will be incidental to otherwise lawful activities;
(2) the applicant will, to the maximum extent practicable, minimize and
mitigate the impacts of such taking; (3) the applicant has ensured that
adequate funding for the plan will be provided; (4) the taking will not
appreciably reduce the likelihood of the survival and recovery of the
species in the wild; and (5) the measures, if any, we require as
necessary or appropriate for the purposes of the plan will be met.
Regulations governing permits for endangered and threatened species are
at 50 CFR 17.22 and 17.32.
The Indiana bat was added to the list of Endangered and Threatened
Wildlife and Plants on March 11, 1967 (32 FR 4001). It is currently
listed as an endangered species under the Act. The population decline
of this species is attributed to habitat loss and degradation of both
winter hibernation habitat and summer roosting habitat, human
disturbance during hibernation, and possibly pesticides. An additional
and emerging threat to Indiana bats is White-Nose Syndrome, a recently
discovered fungus (Geomyces destructans) that invades the skin of bats,
causing ulcers which may alter hibernation arousal patterns, and which
can cause emaciation. The range of the Indiana bat includes much of the
eastern United States, and Ohio is located within the core maternity
range of the bat. Winter habitat for the Indiana bat includes caves and
mines that support high humidity and cool but stable temperatures. In
the summer, Indiana bats roost under the loose bark of dead or dying
trees. During summer males roost alone or in small groups, while
females and their offspring roost in larger groups of up to 100 or
more. Indiana bats forage for insects in and along the edges of
forested areas and wooded stream corridors. Maternity colonies of
Indiana bats have recently been detected in Champaign County, Ohio,
though no Indiana bat hibernacula have been documented in this county.
Proposed Action
The proposed action is issuance of an incidental take permit for
the Indiana bat during construction and operation of the applicant's
Buckeye Wind Energy project. The proposed HCP, which must meet the
requirements in section 10(a)(2)(A) of the Act, would be developed and
implemented by the applicant.
The applicant is planning the development of a wind power project
in Champaign County, Ohio. The project would be spread across 80,370
acres within portions of Union, Wayne, Urbana, Salem, Rush, and Goshen
Townships. Development of the wind power project would include
installation of up to 100 wind turbines and associated collection
lines, access roads, utility lines, substations, operation and
maintenance facility buildings, and temporary staging areas and
concrete batch plants. The wind turbine hub height will be
approximately 100 meters (m), and the rotor diameter will be
approximately 100 m, for an approximate total height of 150 m at the
rotor apex. Installation of each individual turbine will temporarily
impact an area of approximately 2.9 acres, while the final footprint of
each turbine will be approximately 0.2 acres. Access roads to the
turbines will have a temporary width of up to 55 feet during
construction, and a permanent width of 16-20 feet. Despite the
relatively small acreage of land to be affected by the project, impacts
to wildlife, particularly birds and bats, are anticipated.
The project is located in a rural setting, with the landscape
primarily composed of agricultural properties. Woodlots are scattered
throughout the project area. Several small towns (Mutual and Cable)
occur within the project area, and individual homes and low-density
residential areas are also scattered throughout.
The applicant, in conjunction with the Service, has determined that
take of Indiana bats is likely to occur from development of the
proposed wind power project. To authorize take, the applicant plans to
develop an HCP and request issuance of an ITP from the Service.
Alternatives
Three action alternatives relating to the proposed issuance of an
ITP to the applicant for activities associated with the construction
and operation of the wind power project will be considered in the draft
EIS, along with the potential impacts associated with each alternative.
Each action alternative analyzed in the draft EIS will be compared to
the No-Action alternative. The No-Action alternative represents
estimated future conditions to which the proposed action can be
compared.
No-Action Alternative
Under the No Action Alternative, an Incidental Take Permit (ITP)
pursuant to Section 10 (a)(1)(B) of the Act would not be issued for
development of the Buckeye Wind Project. The proposed Buckeye Wind
Project and HCP would not occur without issuance of an ITP. According
to the applicant, the Action Area would be reconsidered and the
existing land uses would be maintained at the sites of proposed
turbines and other Facility appurtenances until and unless an ITP could
be secured. The proposed project purpose and need would not be met
under the No Action Alternative.
Maximally Restricted Operations Alternative
Under the Maximally Restricted Operations Alternative, the Facility
would be constructed as described under Proposed Action--i.e., full
build-out of up to 100 turbines. Minimization for potential impacts to
Indiana bats would include shutting down turbines at night during the
period from April 1 through October 31, the active period for Indiana
bats, every year the Buckeye Wind Project is in operation.
Modified Operations Alternative
Under the Modified Operations Alternative, the Facility would be
constructed as described under Proposed Action, i.e. full build-out of
up to 100 turbines. Minimization for potential impacts to Indiana bats
would include curtailment of turbines based on the habitat suitability
for Indiana bats at each proposed turbine location. Habitat suitability
will be determined based on habitat conditions at 43 roost locations
and 1,124 foraging locations derived from radio telemetry data from 21
Indiana bats that were captured during mist-netting activity in 2008
and 2009 in Champaign, Logan, and Hardin Counties.
Non-Restricted Operations Alternative
Under the Non-Restricted Operations Alternative, the Facility would
be constructed as described under Proposed Action--i.e., full build-out
of up to 100 turbines. No operational minimization for potential
impacts to Indiana bats would occur.
Any preferred alternative developed by the Service is likely to
contain various measures to avoid and minimize impacts to Indiana bats,
including the impact of lethal take. Various methods that may be
considered include, but are not limited to: Protection of roost trees
and surrounding habitat, set-back distances from known roost trees,
mapping and avoidance of foraging
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areas, protection and enhancement of Indiana bat habitat outside the
project area, various curtailment regimes for turbines during prime
activity or migration periods, and post-construction monitoring for
fatalities.
Environmental Review
The Service will conduct an environmental review to analyze various
alternatives for implementing the proposed action and the associated
impacts of each. The draft EIS will be the basis for the impact
evaluation for Indiana bats and the range of alternatives to be
addressed. The draft EIS is expected to provide biological descriptions
of the affected species and habitats, as well as the effects of the
alternatives on other resources such as vegetation, wetlands, wildlife,
geology and soils, air quality, water resources, water quality,
cultural resources, land use, recreation, water use, local economy, and
environmental justice. Following completion of the environmental
review, the Service will publish a notice of availability and a request
for comments on the draft EIS and the applicant's permit application,
which will include the draft HCP. The draft EIS and draft HCP are
expected to be completed and available to the public in mid-2010.
Authority
This notice is being furnished as provided for by the NEPA
Regulations (40 CFR 1501.7 and 1508.22). The intent of the notice is to
obtain suggestions and additional information from other agencies and
the public on the scope of issues to be considered. Comments and
participation in this scoping process are solicited.
Dated: May 13, 2010.
Lynn M. Lewis,
Assistant Regional Director, Ecological Services, Region 3, Fort
Snelling, MN.
[FR Doc. 2010-12668 Filed 5-25-10; 8:45 am]
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