[Federal Register Volume 79, Number 73 (Wednesday, April 16, 2014)]
[Notices]
[Pages 21480-21481]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-08596]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R2-ES-2014-N040; FXES11120200000-145-FF02ENEH00]
Notice of Availability: Draft Environmental Assessment and Draft
Oil and Gas Industry Conservation Plan for the American Burying Beetle
in Oklahoma
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability of documents; request for public
comment.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the
availability of a draft environmental assessment (EA), under the
National Environmental Policy Act of 1969 (NEPA), that evaluates the
impacts of, and alternatives to the proposed Oil and Gas Industry
Conservation Plan (ICP) for incidental take of the federally listed
American burying beetle resulting from activities associated with
geophysical exploration (seismic), development, extraction, or
transport of crude oil, natural gas, and/or other petroleum products,
and maintenance, operation, repair, and decommissioning of oil and gas
pipelines and well field infrastructure. The proposed ICP Planning Area
consists of 45 counties in Oklahoma. Individual oil and gas companies
would apply for Endangered Species Act (ESA) permits for incidental
take associated with activities covered in the ICP and agree to comply
with the terms and conditions of the ICP.
DATES: Comments: We will accept comments received or postmarked on or
before April 30, 2014. Comments submitted electronically must be
received by 11:59 p.m. Central Time on the closing date. Comments
submitted by U.S. mail must be postmarked by the closing date. Any
comments we receive after the closing date or not postmarked by the
closing date may not be considered in the final decision on this
action.
ADDRESSES: Obtaining Documents:
Internet: You may obtain copies of the draft EA and draft
ICP on the Internet on the Service's Web site at www.fws.gov/southwest/es/oklahoma/ABBICP.
U.S. Mail: A limited number of CD-ROM and printed copies
of the draft EA and draft ICP are available, by request, from the Field
Supervisor, by mail at Oklahoma Ecological Services Field Office, 9014
E. 21st St., Tulsa, OK 74129; by phone at 918-581-7458; or by fax at
918-581-7467. Please note that your request is in reference to the ICP
for ABB in Oklahoma.
In-Person: Copies of the draft EA and draft ICP are also
available for public inspection and review at the following locations,
by appointment and written request only, 8 a.m. to 4:30 p.m.:
[cir] U.S. Fish and Wildlife Service, 500 Gold Avenue SW., Room
6034, Albuquerque, NM 87102.
[cir] U.S. Fish and Wildlife Service, 9014 E. 21st St., Tulsa, OK
74129.
Comment submission: You may submit written comments by one of the
following methods:
[cir] U.S. Mail: U.S. Fish and Wildlife Service, 9014 E. 21st St.,
Tulsa, OK 74129.
[cir] Electronically: ABB_ICP@fws.gov.
FOR FURTHER INFORMATION CONTACT: Alisa Shull, Acting Field Supervisor,
by U.S. mail at the U.S. Fish and Wildlife Service, Oklahoma Ecological
Services Field Office, 9014 E. 21st St., Tulsa, OK 74129; or by phone
at 918-581-7458.
SUPPLEMENTARY INFORMATION: Under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.), this notice advises the public that
we, the Service, have gathered the information necessary to determine
impacts and formulate alternatives for the draft EA related to
[[Page 21481]]
the proposed issuance of incidental take permits (ITPs) under section
10(a)(1)(B) of the ESA to oil and gas companies (Applicants) who agree
to the conditions in the Industry Conservation Plan (ICP). The ICP is a
habitat conservation plan (HCP) that will cover take of the American
burying beetle (ABB) that is incidental to covered activities
associated with geophysical exploration (seismic), development,
extraction, or transport of crude oil, natural gas, and/or other
petroleum products, as well as maintenance, operation, repair, and
decommissioning of oil and gas pipelines and well field infrastructure,
and will include measures necessary to minimize and mitigate impacts to
the covered species and their habitats to the maximum extent
practicable.
After the ICP is approved, individual companies may apply for ESA
section 10(a)(1)(B) Incidental Take Permits (ITPs) if they agree to
implement the ICP. Requested ITPs, if granted, would authorize
incidental take of the ABB (covered species) and be in effect from the
date of issuance through the life of the ICP (24 months for
development, and up to 20 years for operations and maintenance). The
ICP Planning Area covers 35,716 square miles in the following 45
Oklahoma counties: Adair, Atoka, Bryan, Carter, Cherokee, Choctaw,
Cleveland, Coal, Craig, Creek, Delaware, Garvin, Haskell, Hughes,
Johnson, Kay, Latimer, Le Flore, Lincoln, Love, Marshall, Mayes,
McClain, McCurtain, McIntosh, Murray, Muskogee, Noble, Nowata,
Okfuskee, Okmulgee, Osage, Ottawa, Pawnee, Payne, Pittsburg, Pontotoc,
Pottawatomie, Pushmataha, Rogers, Seminole, Sequoyah, Tulsa, Wagoner,
and Washington. No more than 32,234 acres of the 19,612,333 acres of
ABB habitat in the Planning Area will be impacted under the ICP.
Background
We developed this short-term ICP to provide project proponents with
a mechanism for incidental take authorization for project construction
during the next two ABB active seasons (24 months) and up to a 20-year
term for operations and maintenance of qualifying projects.
Alternatives
We are considering two alternatives as part of this process:
No Action--No ITPs would be issued under the proposed ICP or a
similar short-term HCP. Oil and gas companies in Oklahoma within the
range of the ABB would comply with the ESA by avoiding impacts (take)
to the covered species where practicable. If take could not be avoided
and a Federal nexus exists (funded, authorized, or carried out by a
Federal agency), an operator or individual may receive take coverage
through a biological opinion issued by the Service to the Federal
action agency. If no Federal involvement exists, Applicants or
individuals could apply for an ITP from the Service on a project-by-
project basis. Each ITP would require development of an HCP and
independent evaluation under NEPA.
Alternative 1: Activities as Proposed in the ICP--This alternative
is issuance of ITPs by the Service for covered species in the 45-county
ICP Planning Area, pursuant to section 10(a)(1)(B) of the ESA under the
approved ICP, which would have a duration of 24 months for development
and up to 20 years for operations and maintenance. Incidental take
authorized by the requested ITP would result from construction,
operation, maintenance, repair, or decommissioning of pipelines or
other well field development activities. These activities are
summarized below and explained in detail in the ICP.
Exploration and Extraction Activities (Upstream Production):
Exploration activities include seismic activities such as:
Explosives
Land vibroseis (where a truck is used to drop a heavy
weight on hard surfaces, such as paved roads, to generate the
designated frequency)
Extraction activities include construction, operation, maintenance,
and reclamation of well field infrastructure, including the following:
Well pads
Gas flaring (with adequate flame enclosure)
Work and access roads
Electrical distribution lines (under 34.5 kilovolts)
Off-site impoundments
Communication towers (under 200 feet, unlit, without guy
wires)
Decommissioning of well field infrastructure
Transport of Petroleum Product (Midstream Development):
This includes gathering, processing/treating, transmission, and
distribution of oil, natural gas, or other petroleum products,
specifically including the following:
Construction of gathering, transmission, and distribution
pipeline
Construction of surface ancillary facilities, including:
[cir] Access roads
[cir] Booster, compressor, and pump stations
[cir] Meter stations, mainline valves, pig launchers/receivers,
regulator facilities, and other appurtenances
[cir] Natural gas processing and treating facilities
[cir] Communication towers (under 200 feet, unlit, without guy
wires)
[cir] Electric distribution lines (under 34.5 kilovolts)
[cir] Electric substations
Operation and maintenance of pipeline and surface
ancillary facilities
Decommissioning and reclamation of pipeline and surface
ancillary facilities
Requested ITPs would be valid in their specific Permit Area within
the 45-county ICP Planning Area, and be in effect from the date of
issuance through the remaining duration of the ICP.
To meet the requirements of a section 10(a)(1)(B) ITP, the
Applicant would agree to the conditions in the ICP, which describes the
conservation measures to minimize and mitigate for incidental take of
the covered species to the maximum extent practicable.
Public Availability of Comments
Written comments we receive become part of the public record
associated with this action. Before including your address, phone
number, email address, or other personal identifying information in
your comment, you should be aware that your entire comment--including
your personal identifying information--may be made publicly available
at any time. While you can request in your comment that we withhold
your personal identifying information from public review, we cannot
guarantee that we will be able to do so. We will not consider anonymous
comments. All submissions from organizations or businesses, and from
individuals identifying themselves as representatives or officials of
organizations or businesses, will be made available for public
disclosure in their entirety.
Authority
We provide this notice under section 10(c) of the Act (16 U.S.C.
1531 et seq.) and its implementing regulations (50 CFR 17.22) and NEPA
(42 U.S.C. 4321 et seq.) and its implementing regulations (40 CFR
1506.6).
Dated: March 20, 2014.
David Mendias,
Acting Regional Director, Southwest Region, Albuquerque, New Mexico.
[FR Doc. 2014-08596 Filed 4-15-14; 8:45 am]
BILLING CODE 4310-55-P