[Federal Register Volume 83, Number 231 (Friday, November 30, 2018)]
[Notices]
[Pages 61664-61667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25969]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS-R1-ES-2018-0095; FXES11140100000-190-FF01E00000]
Draft Environmental Impact Statement and Draft Habitat
Conservation Plan; Receipt of an Application for an Incidental Take
Permit for Marbled Murrelets, Bald Eagles, and Golden Eagles;
Skookumchuck Wind Energy Project, Lewis and Thurston Counties,
Washington
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for comments.
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SUMMARY: In accordance with the Endangered Species Act (ESA) and the
National Environmental Policy Act, we, the U.S. Fish and Wildlife
Service (Service), announce the availability of a draft habitat
conservation plan (HCP) in support of an application from Skookumchuck
Wind Energy Project, LLC, an affiliate of Renewable Energy Services
(applicant), for an incidental take permit (ITP) for the marbled
murrelet, listed as threatened under the ESA, and the bald eagle and
golden eagle, both of which are protected under the Bald and Golden
Eagle Protection Act. Incidental take is expected to result from the
operation of 38 commercial wind turbines and associated infrastructure
located near Centralia, Washington, in Lewis and Thurston Counties.
Also available for review is the Service's draft environmental impact
statement (DEIS), which was prepared in response to the application. We
are seeking public comments on the draft HCP and DEIS.
DATES: We will accept hardcopy comments received or postmarked on or
before January 14, 2019. Comments submitted online at https://www.regulations.gov/ (see ADDRESSES) must be received by 11:59 p.m.
Eastern Time on January 14, 2019.
Public Meetings: The Service will host two open house public
meetings at the following times during the public comment and review
period:
Chehalis, WA: Wednesday, December 5, 2018, from 6 to 8
p.m.
Lacey, WA: Monday, December 10, 2018, from 6 to 8 p.m.
ADDRESSES: Obtaining Documents for Review: The documents this notice
announces, as well as any comments and other material that we receive,
will be available for public inspection online in Docket No. FWS-R1-ES-
2018-0095 at http://www.regulations.gov/.
[[Page 61665]]
Submitting Comments: You may submit comments by one of the
following methods:
Online: http://www.regulations.gov. Follow instructions
for submitting comments on Docket No. FWS-R1-ES-2018-0095.
U.S. mail or hand-delivery: U.S. Fish and Wildlife
Service, c/o Tim Romanski, 510 Desmond Dr. SE, Suite 102, Lacey, WA
98503.
Public meetings: You may also submit written comments
during public meetings. The meetings will be held at the following
locations:
100 SW Veterans Way, Chehalis, WA 98532
4220 6th Avenue SE, Room 194, Lacey, WA 98503
We will post all comments on http://www.regulations.gov. This
generally means that we will post online any personal information that
you provide (see Public Availability of Comments under SUPPLEMENTARY
INFORMATION). We request that you send comments by only the methods
described above.
Reviewing U.S. Environmental Protection Agency (EPA) comments on
the draft HCP and DEIS: See EPA's Role in the EIS Process under
SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT: Tim Romanski, by telephone at 360-753-
5823, or by email at tim_romanski@fws.gov. Hearing or speech impaired
individuals may call the Federal Relay Service at 800-877-8339 for TTY
assistance.
SUPPLEMENTARY INFORMATION: The Service received an incidental take
permit (ITP) application from the Skookumchuck Wind Energy Project, LLC
(applicant) in accordance with the requirements of the Endangered
Species Act, as amended (ESA; 16 U.S.C. 1531 et seq.). The applicant
prepared a draft habitat conservation plan (HCP) in support of the ITP
application and is seeking authorization for take of the marbled
murrelet (Brachyamphus marmoratus), listed as threatened under the ESA,
and the bald eagle (Haliaeetus leucocephalus) and golden eagle (Aquila
chrysaetos), which are not listed species under the ESA but are
protected by the Bald and Golden Eagle Protection Act (BGEPA; 16 U.S.C.
668-668d). Hereafter, the marbled murrelet, bald eagle, and golden
eagle are collectively referred to as the ``covered species.''
The ITP, if issued, would authorize incidental take of the covered
species that may occur as a result of the operation and maintenance of
the 38 commercial wind turbines over the 30-year permit term. This
includes, without limitation, ITP coverage for covered species
colliding with both stationary and operating project structures during
the permit term. In contrast, the applicant does not seek ITP coverage
for the construction phase of the wind project, which would include,
without limitation, constructing roads and turbine pads, and erecting
wind turbines. Nor does the applicant seek ITP coverage for the
facility-decommissioning phase of the project. The applicant
anticipates undertaking phased construction over a 9- to 12-month
period beginning in mid-2019.
The draft HCP describes how impacts to covered species would be
minimized and mitigated. The draft HCP also describes the covered
species' life history and ecology, as well as biological goals and
objectives of the HCP, the estimated take and its potential impact on
covered species' populations, adaptive management, monitoring, and
mitigation measures.
The Service prepared a draft environmental impact statement (DEIS)
in response to the ITP application in accordance with the requirements
of the National Environmental Policy Act (NEPA; 42 U.S.C. 4321 et
seq.). We are making the draft HCP and DEIS available for public review
and comment.
Background
Skookumchuck Wind Energy Project, LLC, intends to initiate
construction of a wind turbine facility in 2019, and commence wind
turbine operations as soon as possible. Detailed descriptions of the
project are found in section 2.0 of the HCP. The majority of the wind
project, including all of the 38 turbines, is located in Lewis County,
Washington, with some supporting infrastructure located in Thurston
County, Washington. The wind turbines are proposed to be constructed on
a prominent ridgeline on the Weyerhaeuser Vail Tree Farm, approximately
18 miles east of Centralia, Washington.
The project consists of a maximum of 38 wind turbines, with an
expected output of 137 megawatts (MW); a maximum wind turbine height of
492 feet (from ground to vertical blade tip); a maximum rotor diameter
of 446 feet; approximately 36.5 miles of existing roads that will be
upgraded; approximately 3.9 miles of new road that will be constructed;
17 miles of buried medium-voltage collection cable that will transport
power to a substation along the ridgeline; and 15 miles of transmission
line that will transport power to the Tono Substation.
The applicant has proposed a conservation program to avoid,
minimize, and mitigate for impacts to covered species. Avoidance and
minimization measures to benefit the marbled murrelet include project
design and planning efforts, and operational practices including
seasonal curtailment of turbine blades, installation of transmission
and distribution line flight diverters, shielding of artificial light
sources, measures to reduce murrelet collisions with vehicles on the
project site, and measures to prevent the artificial increase of
potential nest predators in the project area. Mitigation measures
intended to benefit the marbled murrelet include acquisition and
management of conservation lands to promote the preservation and
enhancement of suitable nesting habitat for the species, and funding
the removal of abandoned or derelict fishing nets in the Salish Sea.
Avoidance and minimization measures to benefit the bald eagle and
the golden eagle include project design and planning efforts, a mammal
carrion reporting program to reduce scavenging by eagles on the project
site, efforts that minimize creating cover for prey animals such as
rabbits to reduce eagle use near the wind project, and 2 years of
IdentiFlight[supreg] technology testing intended to reduce eagle
collisions with operating turbine blades. Mitigation measures intended
to benefit bald eagles and golden eagles consist of retrofitting power
poles to reduce probability of collision and electrocution.
Proposed Action
We propose to issue a 30-year permit for incidental take of marbled
murrelet, bald eagle, and golden eagle if the Skookumchuck Wind Energy
Project HCP meets all section 10(a)(1)(B) permit issuance criteria and,
with respect to bald eagles and golden eagles, all BGEPA permit
issuance criteria identified in 50 CFR 22.26 . The permit would
authorize take of each of the covered species incidental to the
operation and maintenance of the wind energy project.
Endangered Species Act
Section 9 of the ESA and its implementing regulations prohibit
``take'' of fish and wildlife species listed as endangered. The ESA
implementing regulations extend, under certain circumstances, the
prohibition of take to threatened species (50 CFR 17.31). Under section
3 of the ESA, the term ``take'' means to ``harass, harm, pursue, hunt,
shoot, wound, kill, trap, capture, or collect, or attempt to engage in
any such conduct'' (16 U.S.C. 1538). Under section 10(a) of the ESA,
the Service may issue permits to authorize
[[Page 61666]]
incidental take of listed fish and wildlife species. ``Incidental
take'' is defined by the ESA as take that is incidental to, and not the
purpose of, carrying out an otherwise lawful activity. Section
10(a)(1)(B) of the ESA contains provisions for issuing ITPs to non-
Federal entities for the take of endangered and threatened species,
provided the following criteria are met:
1. The taking will be incidental;
2. The applicant will, to the maximum extent practicable, minimize
and mitigate the impact of such taking;
3. The applicant will ensure 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 applicant will carry out any other measures that the Service
may require as being necessary or appropriate for the purposes of the
HCP.
Bald and Golden Eagle Protection Act
Though the applicant is requesting incidental take for bald and
golden eagles under section 10(a)(1)(B) of the ESA, consistency with
the requirements of BGEPA (16 U.S.C. 668-668d) is also necessary. The
BGEPA prohibits take of eagles where ``take'' is defined as ``pursue,
shoot, shoot at, poison, wound, kill, capture, trap, collect, destroy,
molest, or disturb'' and where ``disturb'' is further defined as ``to
agitate or bother'' a bald or golden eagle to a degree that causes, or
is likely to cause, based on the best scientific information available:
(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).
Under 50 CFR 22.26, the Service has the authority to authorize take
of bald and golden eagles (generally, disturbance, injury, or killing)
that occurs incidental to an otherwise lawful activity. For the Service
to issue such a permit, the following required determinations must be
met (see 50 CFR 22.26(f)):
1. The taking will be compatible with the preservation of the bald
or golden eagle (further defined by the Service to mean ``consistent
with the goals of maintaining stable or increasing breeding populations
in all eagle management units and the persistence of local populations
throughout the geographic range of each species'');
2. The taking will protect an interest in a particular locality;
3. The taking will be associated with, but not the purpose of, the
activity;
4. The taking will be avoided and minimized by the applicant to the
extent practicable;
5. The applicant will have applied all appropriate and practical
compensatory mitigation measures, when required pursuant to 50 CFR
22.26(c);
6. Issuance of the permit will not preclude issuance of another
permit necessary to protect an interest of higher priority as set forth
in 50 CFR 22.26(e)(7); and
7. Issuance of the permit will not interfere with ongoing civil or
criminal action concerning unpermitted past eagle take at the project.
The Service can provide eagle take authorization through an ITP for
an HCP, which confers take authorization under the BGEPA without the
need for a separate permit, as long as the permit issuance criteria
under both ESA and BGEPA will be met by the conservation measures
included in the applicant's HCP. See 50 CFR 22.11(a).
National Environmental Policy Act
In compliance with NEPA (42 U.S.C. 4321 et seq.), the Service
prepared a DEIS, in which we analyze the proposed action and a
reasonable range of alternatives to the proposed action. Four
alternatives are analyzed in the DEIS.
No-action Alternative (Options A and B): No permit would
be issued, and the applicant's HCP would not be implemented. The No
Action consists of two options: Option A--No Project Operations and
Option B--No Project. Option A assumes the applicant would construct
the project before the Service makes a final permit decision, but would
not operate the project without an ITP. Option A is included in the
DEIS because the Applicant informed the Service that it may initiate
and complete construction before the Service makes a decision on the
ITP application. Option B assumes that the applicant would not
construct the project without an ITP. Under this option, nothing would
change from current conditions and no impacts would result from the
project.
The Proposed Alternative: Issuance of the requested permit
and implementation of the conservation program described in the
applicant's HCP.
Alternative 2: Under the Modified Project Site Design
Alternative, the project would not operate the five wind turbine
generators (WTGs) closest to documented marbled murrelet nest locations
for the duration of the ITP. The Service would issue an ITP authorizing
the level of incidental take expected to result from operation and
maintenance of the remaining 33 WTGs.
Alternative 3: Under the Enhanced Curtailment Alternative,
all 38 WTGs would operate under an expanded set of curtailment measures
intended to minimize the potential for take of the Covered Species. The
Service would issue an ITP authorizing the level of incidental take
expected to result from operation and maintenance of the project in
accordance with the additional curtailment measures.
The environmental consequences of each alternative were analyzed to
determine if significant environmental impacts would occur.
EPA's Role in the EIS Process
The EPA is charged with reviewing all Federal agencies' EISs and
commenting on the adequacy and acceptability of the environmental
impacts of proposed actions in EISs. Therefore, EPA is publishing a
notice in the Federal Register announcing this EIS, as required under
section 309 of the Clean Air Act. The publication date of EPA's notice
of availability is the official beginning of the public comment period.
EPA's notices are published on Fridays.
EPA serves as the repository (EIS database) for EISs prepared by
Federal agencies. All EISs must be filed with EPA. You may search for
EPA comments on EISs, along with EISs themselves, at https://cdxnodengn.epa.gov/cdx-enepa-public/action/eis/search.
Public Comments
You may submit your comments and materials by one of the methods in
ADDRESSES. We will also accept written comments at the public meetings.
We specifically request information on the following:
1. The identification and evaluation of archaeological and historic
resources that the proposed project may affect;
2. The proposed adaptive management framework for marbled murrelets
and for bald and golden eagles;
3. Potential impacts to the human environment that may occur during
the construction or decommissioning phases of the project (e.g.,
through collisions with construction equipment, stationary wind
turbines, or associated infrastructure);
4. Biological information and relevant data concerning the covered
species and other wildlife;
5. Information on bald eagle, golden eagle, and marbled murrelet
collisions with both stationary and moving objects such as wind
turbines in the terrestrial
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environment, particularly in a forested environment;
6. Potential direct, indirect, and cumulative impacts that
implementation of the proposed wind project and mitigation/minimization
measures could have on the covered species; and other endangered or
threatened species, and their associated ecological communities or
habitats; and other aspects of the human environment;
7. Whether there are additional connected, similar, or reasonably
foreseeable cumulative actions and their possible impacts on the human
environment including, without limitation, marbled murrelet, bald
eagle, and golden eagle, which were not identified in the DEIS;
8. Other possible reasonable alternatives to the proposed permit
action that the Service should consider, including additional or
alternative avoidance, minimization, and mitigation measures; and
9. Other information relevant to the proposed wind project and
impacts to the human environment.
Public Availability of Comments
We will post on http://regulations.gov all public comments and
information received electronically or via hardcopy. Written comments
we receive become part of the administrative 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. 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.
Reasonable Accommodations
Persons needing reasonable accommodations in order to attend and
participate in the public meetings should contact the Service's
Washington Fish and Wildlife Office, using one of the methods listed in
ADDRESSES as soon as possible. In order to allow sufficient time to
process requests, please make contact no later than one week before the
public meetings. Information regarding this proposed action is
available in alternative formats upon request.
Authority: We provide this notice in accordance with the
requirements of section 10 of the ESA (16 U.S.C. 1531 et seq.) and
NEPA regulations (40 CFR 1501.7, 40 CFR 1506.5, 1506.6, and
1508.22).
Katherine B. Hollar,
Acting Deputy Regional Director, Pacific Region, U.S. Fish and Wildlife
Service.
[FR Doc. 2018-25969 Filed 11-29-18; 8:45 am]
BILLING CODE 4333-15-P