[Federal Register Volume 79, Number 1 (Thursday, January 2, 2014)]
[Notices]
[Pages 143-145]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-31394]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R5-ES-2013-0132; FXHC11220500000]
Preparation of an Environmental Assessment in Consideration of
Issuance of a Bald Eagle Programmatic Take Permit and Implementation of
the Associated Eagle Conservation Plan for the Great Bay Wind Energy
Project, Somerset County, Maryland
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of intent, notice of scoping meeting, and request for
comments.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), intend to
prepare an environmental assessment (EA) to address the potential
impacts of the issuance of a programmatic eagle take permit (permit)
pursuant to the Bald and Golden Eagle Protection Act (BGEPA). The
permit would authorize the taking of bald eagles associated with the
construction and operation of the proposed Great Bay Wind Energy
Project (Project) and implementation of an associated eagle
conservation plan (ECP). The issuance of an eagle take permit is a
Federal action subject to analysis under the National Environmental
Policy Act of 1969 (NEPA). We provide this notice to announce the
initiation of a public scoping period during which we invite other
agencies and the public to submit written comments that provide
suggestions and information on the scope of issues and alternatives to
be addressed in the EA. We also announce that we will hold a public
meeting where oral and written comments will also be accepted.
DATES: Written comments must be received on or before February 3, 2014.
We will hold one public scoping meeting; see Public Meeting under
SUPPLEMENTARY INFORMATION for the date, time, and location.
ADDRESSES: Comments concerning the issuance of the programmatic eagle
take permit and the preparation of the associated EA should be
identified as such, and may be submitted by one of the following
methods:
http://www.regulations.gov/.
U.S. Mail: U.S. Fish and Wildlife Service, Attn: Sarah
Nystrom, Ecological Services, 300 Westgate Center Drive, Hadley, MA
01035.
In-Person Drop-off, Viewing, or Pickup: Written comments
will be accepted at the public meeting on Wednesday, January 15, 2014,
or can be dropped off during regular business hours at the address
above.
FOR FURTHER INFORMATION CONTACT: Ms. Sarah Nystrom, Regional Bald and
Golden Eagle Coordinator, U.S. Fish and Wildlife Service, 300 Westgate
Center Drive, Hadley, MA 01035; 413-253-8592 (telephone); Sarah_Nystrom@fws.gov (electronic mail). If you use a telecommunications
device for the deaf, please call the Federal Information Relay Service
at 1-800-877-8339.
SUPPLEMENTARY INFORMATION:
Introduction
We publish this notice under NEPA, as amended (42 U.S.C. 4321 et
seq.), and its implementing regulations (40 CFR 1506.6), as well as in
compliance with BGEPA (16 U.S.C. 668-688d).
Great Bay Wind I, LLC (Applicant), a subsidiary of Lavaca Wind, LLC
which is an affiliate of Pioneer Green Energy, LLC, has applied for a
programmatic eagle take permit for the taking of bald eagles
(Haliaeetus leucocephalus) associated with the Project. We intend to
gather the information necessary to prepare a draft EA to evaluate the
impacts of, and alternatives to, the proposed issuance of a permit
under BGEPA to the Applicant for the
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construction and operation of the Project and implementation of an
associated ECP.
The Applicant would own, construct, and operate the Project. The
Project would be located on 12,046 acres (4,875 hectares) of private
agricultural lands in Somerset County, Maryland, and would consist of
25 wind turbine generators, access roads, an electrical collection
system, an operations and maintenance building, a switchyard, and a
substation. The Project would generate up to 90 megawatts and is
anticipated to have a lifespan of up to 30 years.
The Applicant will develop an ECP in coordination with the Service
as part of its application for a permit. The objectives of the ECP will
be to describe the environmental conditions in the Project area,
summarize the results of eagle studies to date, develop an assessment
of impacts to bald eagles, develop avoidance and minimization elements,
and describe compensatory mitigation measures for unavoidable impacts
that might result from site selection, construction, and operation of
the project.
Environmental Assessment
The NEPA (42 U.S.C. 4321 et seq.) requires that Federal agencies
conduct an environmental analysis of their proposed actions to
determine if the actions may significantly affect the human
environment. The proposed action presented in the draft EA will be
compared to a reasonable range of alternatives, including a no-action
alternative. The no-action alternative would represent estimated future
conditions without the application for, or issuance of, a permit.
The proposed action for the EA is the Service's decision whether to
issue a permit pursuant to BGEPA (50 CFR 22.26) for the take of bald
eagles associated with, but not the purpose of, the construction and
operation of the Project and implementation of the associated ECP. The
BGEPA defines ``take'' as ``to pursue, shoot, shoot at, poison, wound,
kill, capture, trap, collect, destroy, molest, or disturb individuals,
their nests and eggs'' (50 CFR 22.3). ``Disturb'' means to agitate or
bother an eagle to a degree that causes or is likely to cause (1)
injury to an eagle; (2) a decrease in its productivity, by
substantially interfering with normal breeding, feeding, or sheltering
behavior; or (3) nest abandonment, by substantially interfering with
normal breeding, feeding, or sheltering behavior (50 CFR 22.3).
Issuance of an eagle take permit is a Federal action subject to
analysis of potential environmental impacts under NEPA. The Service
will prepare an EA to help decide whether to issue a permit authorizing
take of bald eagles associated with the Project. Upon review of the EA,
the Service will conclude the EA process with one of the following: (1)
A finding of no significant impact; (2) a notice of intent to prepare
an environmental impact statement; or (3) a result that no further
action is taken on the proposal.
Environmental Review and Next Steps
The Service will conduct an environmental review to analyze the
proposed action, along with other alternatives and the associated
impacts of each. The draft EA will provide the basis for the impact
evaluation for each potentially affected resource and the range of
alternatives to be addressed. The draft EA 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,
visual resources, local economy, and environmental justice.
Following completion of the environmental review, the Service will
publish a notice of availability and a request for comment on the draft
EA. The draft EA is expected to be completed and available to the
public in 2014.
Public Meeting
The primary purpose of the scoping process is for the public to
assist the Service in developing a draft EA by identifying important
issues and alternatives related to permit issuance, to provide the
public with a general understanding of the background of the eagle
permit process and activities it would cover, and an overview of the
NEPA process.
The scoping meeting will be held on January 15, 2014, from 6 to 8
p.m. at the J.M. Tawes Technology & Career Center, 7982 Crisfield
Highway, Westover, MD 21871. The primary purpose of the meeting and
associated public comment period is to solicit suggestions and
information on the scope of issues and alternatives for the Service to
consider when drafting the EA. The meeting format will consist of an
open house prior to, and directly following, the formal scoping
meeting. The open house format will provide an opportunity to learn
about the Project and the proposed action. The initial open house will
be followed by a formal presentation of the proposed action, summary of
the NEPA process, and an opportunity for the public to ask questions
and provide oral comments. Both oral and written comments will be
accepted at the meeting. Comments can also be submitted by methods
listed in the ADDRESSES section. Once the draft EA is complete and made
available for review, there will be an additional opportunity for
public comment on the content of that document through a public meeting
and comment period.
Public Comments
We request data, comments, new information, and suggestions from
the public, other concerned governmental agencies, the scientific
community, industry and any other interested party on this notice. We
will consider these comments in developing the draft EA. We
particularly seek comments on the following:
1. The direct, indirect, and cumulative effects that implementation
of any reasonable alternative could have on bald eagles, other wildlife
species, and their habitats;
2. Other reasonable alternatives (in addition to permit issuance
and no-action), for consideration and their associated effects;
3. Relevant biological data and additional information concerning
bald eagles;
4. Current or planned activities in the Project area and their
possible impacts on bald eagles;
5. The presence of archaeological 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. Any other environmental issues that should be considered with
regard to the proposed Project and permit action.
Comments and materials we receive, as well as supporting
documentation we use in preparing the EA, will be available for public
inspection by appointment, during normal business hours, at our office
(see FOR FURTHER INFORMATION CONTACT).
Public Availability of Comments
Written comments we receive become part of the public record
associated with this action. Before including your address, telephone
number, electronic mail address, or other personal identifying
information in your comments, 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 comment to
withhold your personal identifying information from public review, we
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cannot guarantee that we will be able to do so.
Meeting Location Accommodations
Please note that the meeting location is accessible to wheelchair
users. If you require additional accommodations, please notify us at
least 1 week in advance of the meeting.
Authority
We provide this notice under NEPA regulations (40 CFR 1501.7 and
1508.22). The intent of the notice is to enable us to obtain
suggestions and additional information from other agencies and the
public on the scope of issues to be considered.
Dated: December 11, 2013.
Martin Miller,
Acting Assistant Regional Director, Ecological Services, Northeast
Region.
[FR Doc. 2013-31394 Filed 12-31-13; 8:45 am]
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