Preparation of an Environmental Impact Statement for Issuance of an Incidental Take Permit and Associated Habitat Conservation Plan for the Beech Ridge Wind Energy Project, Greenbrier and Nicholas Counties, WV, 42767-42770 [2010-17932]
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Federal Register / Vol. 75, No. 140 / Thursday, July 22, 2010 / Notices
and adjust flood insurance claims under
their own names based on an
Arrangement with the Federal Insurance
Administration (FIA) published at 44
CFR part 62, appendix A. The WYO
insurers receive an expense allowance
and remit the remaining premium to the
Federal Government. The Federal
Government also pays flood losses and
pays loss adjustment expenses based on
a fee schedule. In addition, under
certain circumstances reimbursement
for litigation costs, including court
costs, attorney fees, judgments, and
settlements, are paid by the FIA based
on documentation submitted by the
WYO insurers. The complete
Arrangement is published in 44 CFR
part 62, appendix A. Each year FEMA
is required to publish in the Federal
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Companies the terms for subscription or
re-subscription to the Arrangement.
Though not substantive, there has
been a recent change to the marketing
guidelines discussed in the
Arrangement. As noted in the first
sentence of the third paragraph of 44
CFR part 62, appendix A, Article III. B.
of the Arrangement:
[t]he amount of expense allowance
retained by the Company may increase a
maximum of two percentage points,
depending on the extent to which the
Company meets the marketing goals for the
Arrangement year contained in marketing
guidelines established pursuant to Article
II.G.
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The marketing incentive percentage
will remain the same. However, through
a separate document the National Flood
Insurance Program is revising its
targeted goals regarding the criteria for
growth.
During August 2010, FEMA will send
a copy of the offer for the FY2011
Arrangement, together with related
materials and submission instructions,
to all private insurance companies
participating under the current FY2010
Arrangement. Any private insurance
company not currently participating in
the WYO Program but wishing to
consider FEMA’s offer for FY2011 may
request a copy by writing: DHS/FEMA,
Mitigation Directorate, Attn: Edward L.
Connor, WYO Program, 1800 South Bell
Street, Room 720, Arlington, VA 20598–
3020, or contact Edward Connor at 202–
646–3445 (facsimile), or
Edward.Connor@dhs.gov (e-mail).
Edward L. Connor,
Acting Federal Insurance and Mitigation
Administrator, National Flood Insurance
Program, Federal Emergency Management
Agency, Department of Homeland Security.
[FR Doc. 2010–17977 Filed 7–21–10; 8:45 am]
BILLING CODE 9110–11–P
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R5–ES–2010–N132; 50120–1113–
0000–F2]
Preparation of an Environmental
Impact Statement for Issuance of an
Incidental Take Permit and Associated
Habitat Conservation Plan for the
Beech Ridge Wind Energy Project,
Greenbrier and Nicholas Counties, WV
Fish and Wildlife Service,
Interior.
ACTION: Notice of intent and notice of
meeting.
AGENCY:
Under the National
Environmental Policy Act (NEPA), we,
the U.S. Fish and Wildlife Service
(Service or ‘‘we’’), advise the public that
we intend to gather information
necessary to prepare an Environmental
Impact Statement (EIS) on the proposed
incidental take permit and associated
Habitat Conservation Plan for the Beech
Ridge Wind Energy Project (HCP). The
proposed HCP is being prepared under
the Endangered Species Act of 1973, as
amended (ESA). The incidental take
permit is needed to authorize the
incidental take of listed species as a
result of implementing activities
covered under the proposed HCP.
We provide this notice to: (1) Describe
the proposed action and possible
alternatives; (2) advise other Federal
and State agencies, affected tribes, and
the public of our intent to prepare an
EIS; (3) announce the initiation of a 30day public scoping period; and (4)
obtain suggestions and information on
the scope of issues and alternatives to be
included in the EIS.
DATES: An ‘‘open-house’’ public meeting
will be held on August 9, 2010, from 6
p.m. to 9 p.m. To ensure consideration,
please send your written comments for
receipt on or before August 23, 2010.
ADDRESSES: The public meeting will be
held at the Community Center, 604
Nicholas Street, Rupert, WV 25984.
Information, written comments, or
questions related to the preparation of
the EIS and NEPA process should be
submitted to Ms. Laura Hill, Assistant
Field Supervisor, by U.S. mail at U.S.
Fish and Wildlife Service, West Virginia
Field Office, 694 Beverly Pike, Elkins,
WV 26241; by facsimile at (304) 636–
7824; or by electronic mail (e-mail) at
fw5es_wvfo@fws.gov.
FOR FURTHER INFORMATION CONTACT: Ms.
Laura Hill (ADDRESSES) at (304) 636–
6586, extension 18. Individuals who are
hearing impaired or speech impaired
may call the Federal Relay Service at
(800) 877–8337 for TTY assistance.
SUMMARY:
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SUPPLEMENTARY INFORMATION:
Reasonable Accommodation
Persons needing reasonable
accommodations in order to participate
in the public meeting should contact
Laura Hill (ADDRESSES) at (304) 636–
6586, extension 18, no later than 1 week
before the public meeting. Information
regarding this proposed action is
available in alternative formats upon
request.
Background
Section 9 of the ESA and Federal
regulations prohibit the ‘‘take’’ of fish
and wildlife species listed as
endangered or threatened. Under the
ESA, the following activities are defined
as take: To harass, harm, pursue, hunt,
shoot, wound, kill, trap, capture, or
collect listed animal species, or to
attempt to engage in such conduct (16
U.S.C. 1538). However, under section
10(a) of the ESA, we may issue permits
to authorize ‘‘incidental take’’ of listed
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. Regulations
governing permits for threatened and
endangered species are at 50 CFR 13
and 50 CFR 17.
On December 8, 2009, the U.S.
District Court of Maryland ruled that
Beech Ridge Energy LLC was in
violation of section 9 of the ESA for its
potential to take endangered Indiana
bats (Myotis sodalis) and its failure to
file an application for an incidental take
permit related to its wind energy project
located in West Virginia. The Court
determined that take of Indiana bats was
likely over the life of the project via
collision with turbines or barotrauma
(i.e., hemorrhaging of bats’ lungs in lowpressure areas surrounding operating
turbine blades).
The District Court ruled that Beech
Ridge Energy LLC’s construction and
operation of wind turbines (40 in
construction at the time, with a total of
124 hoped for by the end of 2010)
would violate section 9 of the ESA
unless and until the defendants, Beech
Ridge Energy LLC, obtained an
incidental take permit. The Court
enjoined Beech Ridge Energy LLC from
building additional turbines beyond the
40 already under construction, and
restricted turbine operation to the bat
hibernation season (November 15 to
March 31) until Beech Ridge Energy
LLC obtains an incidental take permit.
The Court also invited the parties to
confer on whether they could agree on
terms for further turbine operation
while Beech Ridge Energy LLC pursued
an incidental take permit.
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Under the terms of a settlement
agreement reached between Beech Ridge
Energy LLC and plaintiffs (Animal
Welfare Institute, Mountain
Communities for Responsible Energy,
and David G. Cowan) on January 23,
2010, Beech Ridge Energy LLC has
agreed not to build 24 of the original
124 turbines that are closest to known
bat hibernacula. While the HCP is under
development, the plaintiffs agreed that
Beech Ridge Energy LLC may construct
an additional 27 turbines (in addition to
the 40 already under construction) and
may operate these 67 turbines during
specified times of the day and year
when bats normally are not flying about
and, thus, would not be at risk of
mortality or injury from turbine
operation.
The Service’s Proposed Action
Consistent with the court order and
settlement agreement, Beech Ridge
Energy LLC has indicated its intent to
pursue an incidental take permit.
Section 10(a)(1)(B) of the ESA
authorizes the Service to issue
incidental take permits to non-Federal
land owners for the take of endangered
and threatened species, provided that,
among other requirements, the take will
be incidental to otherwise lawful
activities, will not appreciably reduce
the likelihood of the survival and
recovery of the species in the wild, and
will be minimized and mitigated to the
maximum extent practicable.
In accordance with section 10(a)(2)(A)
of the ESA of 1973, as amended (ESA;
16 U.S.C. 1531 et seq.), Beech Ridge
Energy LLC is preparing an HCP in
support of an application for a permit
from the Service to incidentally take
endangered Indiana bats (Myotis
sodalist) and Virginia big-eared bats
(Corynorhinus townsendii virginianus)
(covered species). The proposed permit
would authorize take of covered species
for the lifespan of the project
(anticipated to be at least 20 years) and
during project decommissioning. The
proposed HCP would be designed to
avoid, minimize, and mitigate the
impacts of any take that may occur.
Beech Ridge did not seek incidental
take coverage for the construction of its
first 67 turbines. But it now seeks to
develop an HCP and seek a permit for
covered activities that include the
construction of up to 33 additional
turbines (including associated
construction and upgrade of access
roads, and construction of staging areas
and collection line trenches for these
turbines), operation of the full array of
100 turbines, maintenance of an existing
transmission line, and maintenance and
decommissioning of the Beech Ridge
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Wind Energy Project. Permit coverage
may also include certain off-site
mitigation activities such as habitat
enhancement and installation of cave
gates to benefit listed bats. Construction,
operation, and decommissioning of the
project, and actions to minimize and
mitigate impacts, have the potential to
take wildlife species protected under
the ESA.
The proposed HCP would describe
how the effects of the covered activities
would be minimized, mitigated, and
monitored under the conservation
program. Program components would
likely include avoidance and
minimization measures (such as studies
to test and then implement turbine
operational changes that effectively
reduce mortality and injury of listed
bats and other wildlife), long-term
monitoring, adaptive management, and
mitigation measures consisting of onsite and/or off-site habitat protection
and/or enhancement.
Beech Ridge Wind Power Project
Overview
Beech Ridge Energy LLC is
developing a wind power project in
Greenbrier and Nicholas Counties, West
Virginia. The project would be located
on approximately 32 kilometers (km)
(20 miles (mi)) of ridge lines,
approximately 8 km (5 mi) northwest of
the town of Trout, about 11 km (7 mi)
north-northwest of Williamsburg, and
about 14 km (9 mi) northeast of
downtown Rupert.
Phase 1 of the Project consists of 67
existing wind turbines and associated
collection lines, access road,
transmission lines, a substation, an
operations and maintenance facility,
temporary staging areas, and a concrete
batch plant. Beech Ridge Energy LLC
constructed 57 of these turbines
between June 2009 and March 2010 and
plans to construct the remaining 10
Phase 1 wind turbines before August 15,
2010. Beech Ridge Energy LLC proposes
to construct an additional 33 turbines
upon issuance of an incidental take
permit.
Existing wind turbines constructed
during Phase 1 of the project consist of
67 General Electric 1.5-Megawatt wind
turbines, each with a 77-meter (m) (253foot (ft)) rotor diameter, and a rotor
swept area of 4,654 square m (50,095
square ft). The 33 additional wind
turbines would have a maximum 100-m
(328-ft) rotor diameter, with a rotor
swept area of 7,875 square m (84,454
square ft).
The wind turbine hub height for the
existing 67 turbines is 80 m (262 ft). The
additional 33 turbines would have a hub
height of up to 100 m (328 ft), for an
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approximate total height of 117–150 m
(389–492 ft) at the rotor apex.
Installation of each individual turbine,
including access roads, equipment
laydown yards, and other supporting
infrastructure, will temporarily impact
an area of approximately 4.0 acres,
while the final footprint of each turbine
will be approximately 0.3 acre.
In addition to wind turbines, the
project would include the following
components:
(1) The project site is accessed using
existing county public roadways and
privately owned timber roads, plus
existing upgraded or newly constructed
all-weather access roads. The main
access route for the project, including
equipment deliveries, will be via
County Road 1 North from Rupert to
Clearco. An estimated 31,245 ft of
existing roads were upgraded and
approximately 40,620 ft of new access
roads were or will be constructed for the
100-turbine project. Access roads to the
turbines will have a temporary width of
up to 18.2 m (60 ft) during construction,
and a permanent width of 4.9 m (16 ft).
(2) A power collection system delivers
power generated by the wind turbines to
the project substation. Collector cables
placed in trenches and buried
underground connect the wind turbines.
The underground collection system
terminates at the project substation.
(3) A transmission line to connect the
project to the existing electric power
grid was constructed in 2009. It extends
approximately 22.7 km (14.2 mi)
northwest from the turbine strings to
Allegheny Power’s Grassy Falls
Substation north of the community of
Grassy Falls in Nicholas County, West
Virginia. Temporary ground disturbance
may be necessary during the life of the
project to maintain the transmission
line.
(4) An operations and maintenance
(O&M) facility is currently being
constructed to serve the project,
including a main building with the
Supervisory Control and Data
Acquisition System, offices, spare parts
storage, restrooms, a shop area, outdoor
parking facilities, a turnaround area for
larger vehicles, outdoor lighting, and a
gated access with partial or fullperimeter fencing.
Routine maintenance consists
primarily of daily travel by technicians
that test and maintain the wind
turbines. O&M staff travel in pickup or
other light-duty trucks. Occasionally,
the use of a crane or equipment
transport vehicles will be necessary for
cleaning, repairing, adjusting, or
replacing the rotors or other
components of the wind turbines.
Cranes used for maintenance activities
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are not as large as the large trackmounted cranes needed to erect the
wind turbine towers and are likely to be
contracted at the time of service and not
stored at the facility.
Operations monitoring will be
conducted from computers located in
the base of each wind turbine tower and
from the O&M building and other
remote locations using
telecommunication links and computerbased monitoring. Over time, it will be
necessary to clean or repaint the blades
and towers and periodically exchange
lubricants and hydraulic fluids in the
mechanisms of the wind turbines.
Decommissioning would involve
removing the wind turbines, support
towers, transformers, substation, and the
upper portion of foundations. Site
reclamation after decommissioning
would be based on site-specific
requirements and techniques commonly
employed at the time the site is
reclaimed. Techniques could include
regrading, spot replacement of topsoil,
and revegetation of all disturbed areas
with an approved native seed mix.
Wind turbine tower and substation
foundations would be removed to a
below-ground depth as agreed upon
with landowners.
Approximately 200 workers have
been or will be employed over the
course of construction. During its yearround operation, there will be 8 to 18
permanent full-time and/or part-time
employees on the O&M staff. The
project is expected to function for at
least 20 years.
The project is located in a rural
setting, with the landscape primarily
composed of forested areas that are
actively cut for timber and coal mining.
Several small towns (Trout,
Williamsburg, Rupert) occur near the
project area, but no homes or residential
areas occur within the project.
The HCP and permit will contain
provisions to monitor and report on the
impacts from the project on birds and
bats, as well as the effects of operational
changes on wildlife mortality within the
wind farm. In addition, any required
tree clearing will be conducted during
winter when bats are hibernating, unless
otherwise authorized by the Service.
Other methods to mitigate impacts from
the project that may be considered
include, but are not limited to,
protection and enhancement of Indiana
bat habitat outside the project area.
Environmental Impact Statement
We have selected Stantec to prepare
the EIS for proposed issuance of an ESA
incidental take permit to Beech Ridge
LLC. The document will be prepared in
accordance with requirements of NEPA,
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as amended (42 U.S.C. 4321 et seq.), and
NEPA implementing regulations (40
CFR parts 1500 through 1508), and in
accordance with other applicable
Federal laws and regulations, and the
policies and procedures of the Service
for compliance with those regulations.
Stantec will prepare the EIS under the
supervision of the Service, which will
be responsible for the scope and content
of the NEPA document.
The EIS will consider the proposed
action, the issuance of a Section
10(a)(1)(B) permit under the ESA, no
action (no permit), and a reasonable
range of alternatives. A detailed
description of the impacts of the
proposed action and each alternative
will be included in the EIS. We are
currently in the process of developing
alternatives for analysis. The
alternatives to be considered for
analysis in the EIS may include:
Variations in the scope of covered
activities; variations in curtailment of
wind turbine operations; variations in
the location, amount, and type of
conservation; variations in permit
duration; variations in monitoring the
effectiveness of permit conditions; or a
combination of these elements. We will
consider other reasonable project
alternatives recommended during this
scoping process in order to develop a
full range of alternatives.
The EIS will also identify direct,
indirect, and cumulative impacts on
biological resources, land use, air
quality, water quality, water resources,
socioeconomics, and other
environmental issues that could occur
with the implementation of the
proposed actions and alternatives. For
all potentially significant impacts, the
EIS will identify avoidance,
minimization, and mitigation measures
to reduce these impacts, where feasible,
to a level below significance.
Review of the EIS will be conducted
in accordance with the requirements of
NEPA, Council on the Environmental
Quality Regulations (40 CFR 1500–
1508), the Administrative Procedure Act
(5 U.S.C. 551 et seq.), other applicable
regulations, and the Service’s
procedures for compliance with those
regulations. This notice is being
furnished in accordance with 40 CFR
1501.7 of NEPA to obtain suggestions
and information from other agencies
and the public on the scope of issues
and alternatives to be addressed in the
EIS. The primary purpose of the scoping
process is to identify important issues
and alternatives raised by the public,
related to the proposed action.
We request data, comments, new
information, or suggestions from the
public, other concerned governmental
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42769
agencies, the scientific community,
tribes, industry, or any other interested
party on this notice. We will consider
all comments we receive in complying
with the requirements of NEPA and in
the development of an HCP and
incidental take permit. We particularly
seek comments concerning: (1)
Biological information concerning the
Indiana bat and Virginia big-eared bat,
as well as unlisted bats and birds; (2)
relevant data concerning wind power
and bat and bird interactions; (3)
additional information concerning the
range, distribution, population size, and
population trends of the Indiana bat and
Virginia big-eared bat, as well as
unlisted bats and birds; (4) current or
planned activities in the subject area
and their possible impacts on the
environment and resources; (5) the
presence of facilities within the project
area that are eligible to be listed on the
National Register of Historic Places or
whether other historical, archeological,
or traditional cultural properties may be
present; (6) the direct, indirect, and
cumulative effects that implementation
of any reasonable alternatives could
have on endangered and threatened
species and their habitats, as well as
unlisted bats and birds; (7) adequacy
and advisability of proposed
minimization and mitigation measures
for ESA-listed species and other
wildlife; (8) post-construction
monitoring techniques; and (9)
identification of any other
environmental issues that we should
consider with regard to the proposed
development and permit action.
Written comments from interested
parties are welcome to ensure that the
full range of issues related to the permit
request is identified. Comments will
only be accepted in written form. You
may submit written comments at the
public meeting, or by regular mail, email, or facsimile transmission (see
ADDRESSES).
All comments and materials we
receive, including names and addresses,
will become part of the administrative
record and may be released to the
public. Comments we receive will be
available for public inspection, by
appointment, during normal business
hours (Monday through Friday; 8 a.m. to
4 p.m.) at the Service’s West Virginia
Field Office (see ADDRESSES).
Before including your address, phone
number, e-mail 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 may ask us in your comment
to withhold personally identifying
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information from public review, we
cannot guarantee that we will be able to
do so.
Author
The primary author of this notice is
Laura Hill, U.S. Fish and Wildlife
Service, West Virginia Field Office.
Authority
The authority for this section is the
Endangered Species Act of 1973, as
amended (16 U.S.C. 1531 et seq.) and
National Environmental Policy Act, as
amended, (42 U.S.C. 4321 et seq.)
Dated: July 1, 2010.
´
Anthony D. Leger,
Acting Regional Director, Region 5, U.S. Fish
and Wildlife Service.
[FR Doc. 2010–17932 Filed 7–21–10; 8:45 am]
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DEPARTMENT OF THE INTERIOR
National Park Service
Notice of Inventory Completion:
Denver Museum of Nature & Science,
Denver, CO
National Park Service, Interior.
Notice.
AGENCY:
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ACTION:
Notice is here given in accordance
with the Native American Graves
Protection and Repatriation Act
(NAGPRA), 25 U.S.C. 3003, of the
completion of an inventory of human
remains and associated funerary objects
in the control of the Denver Museum of
Nature & Science, Denver, CO. The
human remains and associated funerary
objects were removed from Grand
County, UT; possibly eastern Utah or
western Colorado; Montezuma County,
CO; and the American ‘‘Southwest.’’
This notice is published as part of the
National Park Service’s administrative
responsibilities under NAGPRA, 25
U.S.C. 3003(d)(3). The determinations in
this notice are the sole responsibility of
the museum, institution, or Federal
agency that has control of the Native
American human remains and
associated funerary objects. The
National Park Service is not responsible
for the determinations in this notice.
A detailed assessment of the human
remains and associated funerary objects
from the Rocky Mountains West was
made by Denver Museum of Nature &
Science professional staff in
consultation with representatives of the
Ak Chin Indian Community of the
Maricopa (Ak Chin) Indian Reservation,
Arizona; Fort Mojave Indian Tribe of
Arizona, California & Nevada; Fort Sill
Apache Tribe of Oklahoma; Gila River
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Indian Community of the Gila River
Indian Reservation, Arizona; Havasupai
Tribe of the Havasupai Reservation,
Arizona; Hopi Tribe of Arizona;
Hualapai Indian Tribe of the Hualapai
Indian Reservation, Arizona; Jicarilla
Apache Nation, New Mexico; Mescalero
Apache Tribe of the Mescalero
Reservation, New Mexico; Navajo
Nation, Arizona, New Mexico & Utah;
Ohkay Owingeh, New Mexico; Pueblo of
Acoma, New Mexico; Pueblo of Cochiti,
New Mexico; Pueblo of Isleta, New
Mexico; Pueblo of Jemez, New Mexico;
Pueblo of Laguna, New Mexico; Pueblo
of Nambe, New Mexico; Pueblo of
Picuris, New Mexico; Pueblo of
Pojoaque, New Mexico; Pueblo of San
Felipe, New Mexico; Pueblo of San
Ildefonso, New Mexico; Pueblo of
Sandia, New Mexico; Pueblo of Santa
Ana, New Mexico; Pueblo of Santa
Clara, New Mexico; Pueblo of Santo
Domingo, New Mexico; Pueblo of Taos,
New Mexico; Pueblo of Tesuque, New
Mexico; Pueblo of Zia, New Mexico;
Salt River Pima-Maricopa Indian
Community of the Salt River
Reservation, Arizona; San Carlos
Apache Tribe of the San Carlos
Reservation, Arizona; Shoshone Tribe of
the Wind River Reservation, Wyoming;
Shoshone-Bannock Tribes of the Fort
Hall Reservation of Idaho; ShoshonePaiute Tribes of the Duck Valley
Reservation, Nevada; Southern Ute
Indian Tribe of the Southern Ute
Reservation, Colorado; Tohono
O’odham Nation of Arizona; Ute Indian
Tribe of the Uintah & Ouray
Reservation, Utah; Ute Mountain Tribe
of the Ute Mountain Reservation,
Colorado, New Mexico & Utah; White
Mountain Apache Tribe of the Fort
Apache Reservation, Arizona; YavapaiApache Nation of the Camp Verde
Indian Reservation, Arizona; YavapaiPrescott Tribe of the Yavapai
Reservation, Arizona; Ysleta del Sur
Pueblo of Texas; Zuni Tribe of the Zuni
Reservation, New Mexico, and the
Southern Paiute Consortium, a nonfederally recognized Indian group.
In the 1940s, human remains
representing a minimum of four
individuals were likely removed during
excavations in eastern Utah or western
Colorado by H. Marie Wormington,
archeologist. In 1993, Wormington
donated these remains to the museum
(DMNS catalogue (and CUI numbers)
A1985.1 (CUI 24), A1985.2 (CUI 25),
A1985.3 (CUI 26), and A1985.4 (CUI
27)). Remains include one adult female
found with unshaped rocks (not
collected), one child of indeterminate
sex, and two adults of indeterminate
sex. Most of these individuals are
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represented by fragmentary remains.
Newspaper wrappings around the
remains are dated to March 12, 1949.
Wormington’s field expeditions during
this time focused on the area between
Utah and Colorado. No known
individuals were identified. No
associated funerary objects are present.
In 1938, human remains representing
a minimum of five individuals were
excavated at the Turner-Look Site near
Cisco, Grand County, UT, by
Wormington. The human remains were
removed during legal excavation on
private land. The human remains were
accessioned into the museum collection
(A533.4A (CUI 28), A533.5C (CUI 29),
A533.5B (CUI 30), A533.5C (CUI 31),
and A533.6A (CUI 32)). Remains
include one child, which was reportedly
found with seven associated funerary
objects, but only three were collected
and in the museum’s possession. The
additional human remains are
composed of one infant and three adult
males (one with associated pottery
sherds). When excavated these remains
were defined within the then incipient
culture type ‘‘Fremont’’ although this
designation as it was then understood is
ambiguous in today’s archeological
lexicon. No known individuals were
identified. The four associated funerary
objects are one small circular slate
plaque (A533.4B), one stone metate
(A533.7A), one lot of shell fragments
(A533.36), and one lot of pottery sherds
(A533.6B).
In 1968, Francis V. Crane and Mary
W.A. Crane donated a hair bundle
representing one individual to the
museum (AC.7653; CUI 33). Documents
indicate the hair was taken from the
middle of Montezuma County, CO, in
Mitchell Canyon, by Ezra Hambelton. In
1964, the Cranes purchased the hair
bundle from the Fred Harvey Company.
This bundle of hair is wrapped with a
fiber around the middle. The hair is cut
straight and is black-brown in color. No
known individual was identified. No
associated funerary objects are present.
In 1981, the cranium of an adult male
was accessioned. The accession records
indicate the individual is a ‘‘Pueblo
Indian, Southwest’’ (A1150.1; CUI 34).
In 1983, two individuals, represented by
the right arm bone of an adult of
indeterminate sex (AC.2874; CUI 35)
and two leg bones of an adult of
indeterminate sex (AC.4896A-B; CUI
36), were accessioned. These
individuals were originally acquired by
the Cranes from Gans, Inc. Southwest
Arts and Crafts sometime between 1954
and 1959. Documents indicate these
individuals are from the ‘‘Southwest.’’ In
1986, two individuals were accessioned
(A1988.1; CUI 38 and A1989.1; CUI 39).
E:\FR\FM\22JYN1.SGM
22JYN1
]]>Agencies
[Federal Register Volume 75, Number 140 (Thursday, July 22, 2010)]
[Notices]
[Pages 42767-42770]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-17932]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R5-ES-2010-N132; 50120-1113-0000-F2]
Preparation of an Environmental Impact Statement for Issuance of
an Incidental Take Permit and Associated Habitat Conservation Plan for
the Beech Ridge Wind Energy Project, Greenbrier and Nicholas Counties,
WV
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of intent and notice of meeting.
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SUMMARY: Under the National Environmental Policy Act (NEPA), we, the
U.S. Fish and Wildlife Service (Service or ``we''), advise the public
that we intend to gather information necessary to prepare an
Environmental Impact Statement (EIS) on the proposed incidental take
permit and associated Habitat Conservation Plan for the Beech Ridge
Wind Energy Project (HCP). The proposed HCP is being prepared under the
Endangered Species Act of 1973, as amended (ESA). The incidental take
permit is needed to authorize the incidental take of listed species as
a result of implementing activities covered under the proposed HCP.
We provide this notice to: (1) Describe the proposed action and
possible alternatives; (2) advise other Federal and State agencies,
affected tribes, and the public of our intent to prepare an EIS; (3)
announce the initiation of a 30-day public scoping period; and (4)
obtain suggestions and information on the scope of issues and
alternatives to be included in the EIS.
DATES: An ``open-house'' public meeting will be held on August 9, 2010,
from 6 p.m. to 9 p.m. To ensure consideration, please send your written
comments for receipt on or before August 23, 2010.
ADDRESSES: The public meeting will be held at the Community Center, 604
Nicholas Street, Rupert, WV 25984. Information, written comments, or
questions related to the preparation of the EIS and NEPA process should
be submitted to Ms. Laura Hill, Assistant Field Supervisor, by U.S.
mail at U.S. Fish and Wildlife Service, West Virginia Field Office, 694
Beverly Pike, Elkins, WV 26241; by facsimile at (304) 636-7824; or by
electronic mail (e-mail) at fw5es_wvfo@fws.gov.
FOR FURTHER INFORMATION CONTACT: Ms. Laura Hill (ADDRESSES) at (304)
636-6586, extension 18. Individuals who are hearing impaired or speech
impaired may call the Federal Relay Service at (800) 877-8337 for TTY
assistance.
SUPPLEMENTARY INFORMATION:
Reasonable Accommodation
Persons needing reasonable accommodations in order to participate
in the public meeting should contact Laura Hill (ADDRESSES) at (304)
636-6586, extension 18, no later than 1 week before the public meeting.
Information regarding this proposed action is available in alternative
formats upon request.
Background
Section 9 of the ESA and Federal regulations prohibit the ``take''
of fish and wildlife species listed as endangered or threatened. Under
the ESA, the following activities are defined as take: To harass, harm,
pursue, hunt, shoot, wound, kill, trap, capture, or collect listed
animal species, or to attempt to engage in such conduct (16 U.S.C.
1538). However, under section 10(a) of the ESA, we may issue permits to
authorize ``incidental take'' of listed 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. Regulations governing
permits for threatened and endangered species are at 50 CFR 13 and 50
CFR 17.
On December 8, 2009, the U.S. District Court of Maryland ruled that
Beech Ridge Energy LLC was in violation of section 9 of the ESA for its
potential to take endangered Indiana bats (Myotis sodalis) and its
failure to file an application for an incidental take permit related to
its wind energy project located in West Virginia. The Court determined
that take of Indiana bats was likely over the life of the project via
collision with turbines or barotrauma (i.e., hemorrhaging of bats'
lungs in low-pressure areas surrounding operating turbine blades).
The District Court ruled that Beech Ridge Energy LLC's construction
and operation of wind turbines (40 in construction at the time, with a
total of 124 hoped for by the end of 2010) would violate section 9 of
the ESA unless and until the defendants, Beech Ridge Energy LLC,
obtained an incidental take permit. The Court enjoined Beech Ridge
Energy LLC from building additional turbines beyond the 40 already
under construction, and restricted turbine operation to the bat
hibernation season (November 15 to March 31) until Beech Ridge Energy
LLC obtains an incidental take permit. The Court also invited the
parties to confer on whether they could agree on terms for further
turbine operation while Beech Ridge Energy LLC pursued an incidental
take permit.
[[Page 42768]]
Under the terms of a settlement agreement reached between Beech
Ridge Energy LLC and plaintiffs (Animal Welfare Institute, Mountain
Communities for Responsible Energy, and David G. Cowan) on January 23,
2010, Beech Ridge Energy LLC has agreed not to build 24 of the original
124 turbines that are closest to known bat hibernacula. While the HCP
is under development, the plaintiffs agreed that Beech Ridge Energy LLC
may construct an additional 27 turbines (in addition to the 40 already
under construction) and may operate these 67 turbines during specified
times of the day and year when bats normally are not flying about and,
thus, would not be at risk of mortality or injury from turbine
operation.
The Service's Proposed Action
Consistent with the court order and settlement agreement, Beech
Ridge Energy LLC has indicated its intent to pursue an incidental take
permit. Section 10(a)(1)(B) of the ESA authorizes the Service to issue
incidental take permits to non-Federal land owners for the take of
endangered and threatened species, provided that, among other
requirements, the take will be incidental to otherwise lawful
activities, will not appreciably reduce the likelihood of the survival
and recovery of the species in the wild, and will be minimized and
mitigated to the maximum extent practicable.
In accordance with section 10(a)(2)(A) of the ESA of 1973, as
amended (ESA; 16 U.S.C. 1531 et seq.), Beech Ridge Energy LLC is
preparing an HCP in support of an application for a permit from the
Service to incidentally take endangered Indiana bats (Myotis sodalist)
and Virginia big-eared bats (Corynorhinus townsendii virginianus)
(covered species). The proposed permit would authorize take of covered
species for the lifespan of the project (anticipated to be at least 20
years) and during project decommissioning. The proposed HCP would be
designed to avoid, minimize, and mitigate the impacts of any take that
may occur.
Beech Ridge did not seek incidental take coverage for the
construction of its first 67 turbines. But it now seeks to develop an
HCP and seek a permit for covered activities that include the
construction of up to 33 additional turbines (including associated
construction and upgrade of access roads, and construction of staging
areas and collection line trenches for these turbines), operation of
the full array of 100 turbines, maintenance of an existing transmission
line, and maintenance and decommissioning of the Beech Ridge Wind
Energy Project. Permit coverage may also include certain off-site
mitigation activities such as habitat enhancement and installation of
cave gates to benefit listed bats. Construction, operation, and
decommissioning of the project, and actions to minimize and mitigate
impacts, have the potential to take wildlife species protected under
the ESA.
The proposed HCP would describe how the effects of the covered
activities would be minimized, mitigated, and monitored under the
conservation program. Program components would likely include avoidance
and minimization measures (such as studies to test and then implement
turbine operational changes that effectively reduce mortality and
injury of listed bats and other wildlife), long-term monitoring,
adaptive management, and mitigation measures consisting of on-site and/
or off-site habitat protection and/or enhancement.
Beech Ridge Wind Power Project Overview
Beech Ridge Energy LLC is developing a wind power project in
Greenbrier and Nicholas Counties, West Virginia. The project would be
located on approximately 32 kilometers (km) (20 miles (mi)) of ridge
lines, approximately 8 km (5 mi) northwest of the town of Trout, about
11 km (7 mi) north-northwest of Williamsburg, and about 14 km (9 mi)
northeast of downtown Rupert.
Phase 1 of the Project consists of 67 existing wind turbines and
associated collection lines, access road, transmission lines, a
substation, an operations and maintenance facility, temporary staging
areas, and a concrete batch plant. Beech Ridge Energy LLC constructed
57 of these turbines between June 2009 and March 2010 and plans to
construct the remaining 10 Phase 1 wind turbines before August 15,
2010. Beech Ridge Energy LLC proposes to construct an additional 33
turbines upon issuance of an incidental take permit.
Existing wind turbines constructed during Phase 1 of the project
consist of 67 General Electric 1.5-Megawatt wind turbines, each with a
77-meter (m) (253-foot (ft)) rotor diameter, and a rotor swept area of
4,654 square m (50,095 square ft). The 33 additional wind turbines
would have a maximum 100-m (328-ft) rotor diameter, with a rotor swept
area of 7,875 square m (84,454 square ft).
The wind turbine hub height for the existing 67 turbines is 80 m
(262 ft). The additional 33 turbines would have a hub height of up to
100 m (328 ft), for an approximate total height of 117-150 m (389-492
ft) at the rotor apex. Installation of each individual turbine,
including access roads, equipment laydown yards, and other supporting
infrastructure, will temporarily impact an area of approximately 4.0
acres, while the final footprint of each turbine will be approximately
0.3 acre.
In addition to wind turbines, the project would include the
following components:
(1) The project site is accessed using existing county public
roadways and privately owned timber roads, plus existing upgraded or
newly constructed all-weather access roads. The main access route for
the project, including equipment deliveries, will be via County Road 1
North from Rupert to Clearco. An estimated 31,245 ft of existing roads
were upgraded and approximately 40,620 ft of new access roads were or
will be constructed for the 100-turbine project. Access roads to the
turbines will have a temporary width of up to 18.2 m (60 ft) during
construction, and a permanent width of 4.9 m (16 ft).
(2) A power collection system delivers power generated by the wind
turbines to the project substation. Collector cables placed in trenches
and buried underground connect the wind turbines. The underground
collection system terminates at the project substation.
(3) A transmission line to connect the project to the existing
electric power grid was constructed in 2009. It extends approximately
22.7 km (14.2 mi) northwest from the turbine strings to Allegheny
Power's Grassy Falls Substation north of the community of Grassy Falls
in Nicholas County, West Virginia. Temporary ground disturbance may be
necessary during the life of the project to maintain the transmission
line.
(4) An operations and maintenance (O&M) facility is currently being
constructed to serve the project, including a main building with the
Supervisory Control and Data Acquisition System, offices, spare parts
storage, restrooms, a shop area, outdoor parking facilities, a
turnaround area for larger vehicles, outdoor lighting, and a gated
access with partial or full-perimeter fencing.
Routine maintenance consists primarily of daily travel by
technicians that test and maintain the wind turbines. O&M staff travel
in pickup or other light-duty trucks. Occasionally, the use of a crane
or equipment transport vehicles will be necessary for cleaning,
repairing, adjusting, or replacing the rotors or other components of
the wind turbines. Cranes used for maintenance activities
[[Page 42769]]
are not as large as the large track-mounted cranes needed to erect the
wind turbine towers and are likely to be contracted at the time of
service and not stored at the facility.
Operations monitoring will be conducted from computers located in
the base of each wind turbine tower and from the O&M building and other
remote locations using telecommunication links and computer-based
monitoring. Over time, it will be necessary to clean or repaint the
blades and towers and periodically exchange lubricants and hydraulic
fluids in the mechanisms of the wind turbines.
Decommissioning would involve removing the wind turbines, support
towers, transformers, substation, and the upper portion of foundations.
Site reclamation after decommissioning would be based on site-specific
requirements and techniques commonly employed at the time the site is
reclaimed. Techniques could include regrading, spot replacement of
topsoil, and revegetation of all disturbed areas with an approved
native seed mix. Wind turbine tower and substation foundations would be
removed to a below-ground depth as agreed upon with landowners.
Approximately 200 workers have been or will be employed over the
course of construction. During its year-round operation, there will be
8 to 18 permanent full-time and/or part-time employees on the O&M
staff. The project is expected to function for at least 20 years.
The project is located in a rural setting, with the landscape
primarily composed of forested areas that are actively cut for timber
and coal mining. Several small towns (Trout, Williamsburg, Rupert)
occur near the project area, but no homes or residential areas occur
within the project.
The HCP and permit will contain provisions to monitor and report on
the impacts from the project on birds and bats, as well as the effects
of operational changes on wildlife mortality within the wind farm. In
addition, any required tree clearing will be conducted during winter
when bats are hibernating, unless otherwise authorized by the Service.
Other methods to mitigate impacts from the project that may be
considered include, but are not limited to, protection and enhancement
of Indiana bat habitat outside the project area.
Environmental Impact Statement
We have selected Stantec to prepare the EIS for proposed issuance
of an ESA incidental take permit to Beech Ridge LLC. The document will
be prepared in accordance with requirements of NEPA, as amended (42
U.S.C. 4321 et seq.), and NEPA implementing regulations (40 CFR parts
1500 through 1508), and in accordance with other applicable Federal
laws and regulations, and the policies and procedures of the Service
for compliance with those regulations. Stantec will prepare the EIS
under the supervision of the Service, which will be responsible for the
scope and content of the NEPA document.
The EIS will consider the proposed action, the issuance of a
Section 10(a)(1)(B) permit under the ESA, no action (no permit), and a
reasonable range of alternatives. A detailed description of the impacts
of the proposed action and each alternative will be included in the
EIS. We are currently in the process of developing alternatives for
analysis. The alternatives to be considered for analysis in the EIS may
include: Variations in the scope of covered activities; variations in
curtailment of wind turbine operations; variations in the location,
amount, and type of conservation; variations in permit duration;
variations in monitoring the effectiveness of permit conditions; or a
combination of these elements. We will consider other reasonable
project alternatives recommended during this scoping process in order
to develop a full range of alternatives.
The EIS will also identify direct, indirect, and cumulative impacts
on biological resources, land use, air quality, water quality, water
resources, socioeconomics, and other environmental issues that could
occur with the implementation of the proposed actions and alternatives.
For all potentially significant impacts, the EIS will identify
avoidance, minimization, and mitigation measures to reduce these
impacts, where feasible, to a level below significance.
Review of the EIS will be conducted in accordance with the
requirements of NEPA, Council on the Environmental Quality Regulations
(40 CFR 1500-1508), the Administrative Procedure Act (5 U.S.C. 551 et
seq.), other applicable regulations, and the Service's procedures for
compliance with those regulations. This notice is being furnished in
accordance with 40 CFR 1501.7 of NEPA to obtain suggestions and
information from other agencies and the public on the scope of issues
and alternatives to be addressed in the EIS. The primary purpose of the
scoping process is to identify important issues and alternatives raised
by the public, related to the proposed action.
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. We will consider all comments we receive in complying with the
requirements of NEPA and in the development of an HCP and incidental
take permit. We particularly seek comments concerning: (1) Biological
information concerning the Indiana bat and Virginia big-eared bat, as
well as unlisted bats and birds; (2) relevant data concerning wind
power and bat and bird interactions; (3) additional information
concerning the range, distribution, population size, and population
trends of the Indiana bat and Virginia big-eared bat, as well as
unlisted bats and birds; (4) current or planned activities in the
subject area and their possible impacts on the environment and
resources; (5) the presence of facilities within the project area that
are eligible to be listed on the National Register of Historic Places
or whether other historical, archeological, or traditional cultural
properties may be present; (6) the direct, indirect, and cumulative
effects that implementation of any reasonable alternatives could have
on endangered and threatened species and their habitats, as well as
unlisted bats and birds; (7) adequacy and advisability of proposed
minimization and mitigation measures for ESA-listed species and other
wildlife; (8) post-construction monitoring techniques; and (9)
identification of any other environmental issues that we should
consider with regard to the proposed development and permit action.
Written comments from interested parties are welcome to ensure that
the full range of issues related to the permit request is identified.
Comments will only be accepted in written form. You may submit written
comments at the public meeting, or by regular mail, e-mail, or
facsimile transmission (see ADDRESSES).
All comments and materials we receive, including names and
addresses, will become part of the administrative record and may be
released to the public. Comments we receive will be available for
public inspection, by appointment, during normal business hours (Monday
through Friday; 8 a.m. to 4 p.m.) at the Service's West Virginia Field
Office (see ADDRESSES).
Before including your address, phone number, e-mail 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 may
ask us in your comment to withhold personally identifying
[[Page 42770]]
information from public review, we cannot guarantee that we will be
able to do so.
Author
The primary author of this notice is Laura Hill, U.S. Fish and
Wildlife Service, West Virginia Field Office.
Authority
The authority for this section is the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et seq.) and National Environmental
Policy Act, as amended, (42 U.S.C. 4321 et seq.)
Dated: July 1, 2010.
Anthony D. L[eacute]ger,
Acting Regional Director, Region 5, U.S. Fish and Wildlife Service.
[FR Doc. 2010-17932 Filed 7-21-10; 8:45 am]
BILLING CODE 4310-55-P
