South Dakota Prairie Winds Project; Partial Term Relinquishment and Release of Easement for Wind Energy Development; Record of Decision for the Final Environmental Impact Statement, 70021-70023 [2010-28934]
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Federal Register / Vol. 75, No. 220 / Tuesday, November 16, 2010 / Notices
evaluating the adequacy of all water
conservation plans developed by project
contractors, including those plans
required by section 210 of the
Reclamation Reform Act of 1982.’’ Also,
according to Section 3405(e)(1), these
criteria must be developed ‘‘* * * with
the purpose of promoting the highest
level of water use efficiency reasonably
achievable by project contractors using
best available cost-effective technology
and best management practices.’’ These
criteria state that all parties
(Contractors) that contract with
Reclamation for water supplies
(municipal and industrial contracts over
2,000 acre-feet and agricultural
contracts over 2,000 irrigable acres)
must prepare Plans that contain the
following information:
1. Description of the District
2. Inventory of Water Resources
3. Best Management Practices (BMPs)
for Agricultural Contractors
4. BMPs for Urban Contractors
5. Plan Implementation
6. Exemption Process
7. Regional Criteria
8. Five-Year Revisions
Reclamation will evaluate Plans based
on these criteria. A copy of these Plans
will be available for review at
Reclamation’s Mid-Pacific (MP)
Regional Office located in Sacramento,
California, and the local area office. Our
practice is to make comments, including
names and home addresses of
respondents, available for public
review.
Public Disclosure
Before including your name, 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 can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
If you wish to review a copy of these
Plans, please contact Ms. Christy
Ritenour to find the office nearest you.
Dated: September 22, 2010.
Richard J. Woodley,
Regional Resources Manager, Mid-Pacific
Region, Bureau of Reclamation.
[FR Doc. 2010–28784 Filed 11–15–10; 8:45 am]
BILLING CODE 4310–MN–P
70021
announces the availability of
Environmental Assessments (EA) and
Findings of No Significant Impact
(FONSI) prepared for two oil and gas
activities proposed on the Alaska Outer
Continental Shelf (OCS) and described
in more detail below.
FOR FURTHER INFORMATION CONTACT:
Jeffery Loman, Deputy Regional
Director, BOEMRE, Alaska OCS Region,
3801 Centerpoint Drive, Suite 500,
Anchorage, Alaska 99503–5823;
telephone 1–800–764–2627; e-mail
AKwebmaster@boemre.gov. EA
Availability: To obtain a copy of an EA
and/or FONSI, you may contact
BOEMRE or visit the BOEMRE Web site
at https://alaska.boemre.gov/.
BOEMRE
prepares EAs that examine the potential
environmental effects of proposals for
activities to evaluate oil and gas
resource potential on the Alaska OCS.
Each EA examines the potential
environmental effects of activities
described in the proposals and presents
BOEMRE conclusions regarding the
level and significance of those effects.
The EAs are used as the basis for
determining whether or not approvals of
the proposals would significantly affect
the quality of the human environment
in the sense of NEPA Section 102(2)(C).
A FONSI is prepared in those instances
where BOEMRE finds that approval of
the proposals will not result in
significant effects on the quality of the
human environment.
This notice constitutes the notice of
availability to the public of the
following environmental documents:
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF THE INTERIOR
Bureau of Ocean Energy Management,
Regulation and Enforcement
Environmental Documents Prepared in
Support of Oil and Gas Activities on
the Alaska Outer Continental Shelf
Bureau of Ocean Energy
Management, Regulation and
Enforcement (BOEMRE), Interior.
ACTION: Notice of Availability of Recent
Environmental Assessments and
Findings of No Significant Impact
Prepared by the BOEMRE.
AGENCY:
Pursuant to Section 102(2)(C)
of the National Environmental Policy
Act (NEPA), the Council on
Environmental Quality regulations (40
CFR parts 1500–1508), and the
Department of the Interior regulations
on NEPA (43 CFR part 46), BOEMRE
SUMMARY:
Location
Project purpose
Shell Exploration & Production, Ancillary Activities,
Marine Surveys OCS EIS/EA MMS 2010–022.
Statoil USA E&P Inc. 2010 Seismic Survey OCS
EIS/EA BOEMRE 2010–020.
mstockstill on DSKH9S0YB1PROD with NOTICES
Project name
Beaufort Sea, Alaska .....................
Conduct Ancillary activities ............
7/12/2010
Chukchi Sea, Alaska ......................
Conduct 2D/3D Sesimic Surveys ..
7/23/2010
BOEMRE has concluded that the
respective proposed actions will not
significantly affect the quality of the
human environment and that the
preparation of EISs is not required.
Mitigation measures identified during
the NEPA process will be applied for
each proposal to ensure environmental
protection and safety.
Dated: October 20, 2010.
John Goll,
Regional Director, Alaska OCS Region.
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
South Dakota Prairie Winds Project;
Partial Term Relinquishment and
Release of Easement for Wind Energy
Development; Record of Decision for
the Final Environmental Impact
Statement
[FR Doc. 2010–28783 Filed 11–15–10; 8:45 am]
AGENCY:
BILLING CODE 4310–MR–P
Fish and Wildlife Service,
Interior.
VerDate Mar<15>2010
19:33 Nov 15, 2010
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Notice of availability: Record of
decision.
ACTION:
We, the U.S. Fish and
Wildlife Service (Service), announce the
availability of a record of decision
(ROD) for the final environmental
impact statement (FEIS) on the South
Dakota Prairie Winds Project issued by
the Department of Energy’s Western
Area Power Administration (Western),
and the Department of Agriculture’s
Rural Utilities Service (RUS). Under the
National Environmental Policy Act of
1969 (NEPA), as amended, and its
implementing regulations, the Service
participated as a cooperating agency in
SUMMARY:
[FWS–R6–R–2010–N257; 60138–1265–
6CCP–S3]
FONSI
E:\FR\FM\16NON1.SGM
16NON1
mstockstill on DSKH9S0YB1PROD with NOTICES
70022
Federal Register / Vol. 75, No. 220 / Tuesday, November 16, 2010 / Notices
the preparation and release of the FEIS.
The purpose of this ROD is to document
the Service’s decision to release and
relinquish certain easement rights for
the construction, operation, and
maintenance of the proposed wind
energy generation facilities on lands in
Aurora County and Brule County, South
Dakota, on which the Service holds an
easement for waterfowl habitat
protection. The action selected by the
Service corresponds with the proposed
alternative of the FEIS.
DATES: The Regional Director of the
Mountain-Prairie Region, U.S. Fish and
Wildlife Service, signed the ROD on
November 5, 2010. We will implement
the ROD immediately upon publication
of this notice.
ADDRESSES: You may view or obtain
copies of the ROD/FEIS by any of the
following methods:
Web Site: Download a copy of the
document(s) at https://www.fws.gov/
mountain-prairie/SDPrairieWinds.
E-mail: Michael_J_Bryant@fws.gov.
Include ‘‘South Dakota Prairie Winds
Project’’ in the subject line of the
message.
U.S. Mail: Michael Bryant, Project
Leader, Lake Andes NWR Complex,
38672 291st St., Lake Andes, SD 57356.
In-Person Viewing or Pickup: Call
Project Leader Michael Bryant, Lake
Andes NWR Complex, at 605 487–7603
to make an appointment during regular
business hours at Lake Andes NWR
Complex, 38672 291st St., Lake Andes,
SD 57356.
FOR FURTHER INFORMATION CONTACT:
Project Leader Michael Bryant, Lake
Andes NWR Complex, 38672 291st St.,
Lake Andes, SD 57356; 605 487–7603
(phone).
SUPPLEMENTARY INFORMATION: With this
notice, we finalize the Service’s portion
of the NEPA (42 U.S.C. et seq.) process
for the South Dakota Prairie Winds
(SDPW) Project. Western and RUS
issued the FEIS on the SDPW Project in
response to a request from Prairie
Winds, SD1, Incorporated (PW SD1), a
wholly owned subsidiary of Basin
Electric (Basin), to interconnect with the
transmission system owned and
operated by Western. Basin has
requested financing for the project from
the RUS. PW SD1 has also submitted an
application to the Service to locate a
portion of the project (6 out of 108
turbines) on lands on which the Service
holds an easement for waterfowl habitat
protection (grassland easement). The
application required an action on the
part of the Service. The Service
participated as a cooperating agency in
the preparation of the EIS by providing
Western and RUS with resource impact
VerDate Mar<15>2010
19:33 Nov 15, 2010
Jkt 223001
information, maps, and site locations of
waterfowl habitat easement properties
within the project area. The
Departments of Energy and Agriculture
published the notice of intent to prepare
an EIS for the SDPW Project and to
conduct scoping meetings on April 7,
2009 (74 FR 15718), in the Federal
Register. The draft EIS was released to
the public and public comments were
solicited in an Environmental Protection
Agency notice of availability in the
Federal Register notice on January 15,
2010 (75 FR 2540). The notice of
availability of the Final EIS was
published in a Federal Register Notice
on July 30, 2010 (75 FR 44951).
Background
The purpose of the SDPW Project is
to develop a technically feasible and
economically viable wind-powered
electrical generation resource using
identified wind resources in Jerauld,
Aurora, and Brule Counties in South
Dakota. The project is designed to meet
a portion of the projected increase in
regional demands for electricity
produced from renewable resources.
Several States within Basin Electric’s
service territory, including Colorado,
Minnesota, Montana, North Dakota, and
South Dakota, have adopted Renewable
Energy Objectives (REOs) that require
renewable generation to meet a certain
percentage of retail sales. The REOs
adopted in the various States include
both mandatory and voluntary goals that
range from 10 to 25 percent of energy
production to be generated or procured
from an eligible energy technology by a
specified deadline. Deadlines for
compliance range from 2015 to 2025.
Public Involvement
Western and RUS employed various
methods to provide information to the
public and solicit input. The Agencies
invited Federal, State, local, and tribal
governments; Basin Electric; and other
interested groups and persons to
participate in defining the scope of the
EIS. Venues for participation included
two scoping meetings on April 28 and
April 29, 2009, and one interagency
meeting.
In addition to receiving comments at
meetings, the agencies invited interested
individuals to submit written comments
via mail, fax, e-mail and/or the project
website. The agencies continue to invite
public input on the implementation of
the ROD, which is available
immediately.
Findings and Basis for Decision
Upon careful consideration of
concerns and issues, Service guidelines
and other appropriate laws and
PO 00000
Frm 00110
Fmt 4703
Sfmt 4703
regulations, and with consideration for
the need for and alternatives to this
project, the Service has decided to
accept the Crow Lake Alternative
(Preferred Alternative) and release and
relinquish certain easement rights for
the construction, operation, and
maintenance of proposed wind energy
generation facilities on impacted lands
in Aurora County and Brule County,
South Dakota, on which the Service
holds an Easement for Waterfowl
Habitat Protection. Specifically, the
Service will release and relinquish
certain easement rights on 25.65 acres of
land protected by grassland easement in
exchange for easements of equal or
greater habitat and monetary value on
currently unprotected lands elsewhere.
The alternatives for the Prairie Winds
Project are described in detail in the
EIS. Alternatives that were developed
were: No Action Alternative (i.e., wind
turbines would have to be sited on lands
not encumbered with Service
easements, or the project would not be
built); the Winner Alternative, which
would involve the installation of wind
turbines on 261 acres within an area of
approximately 83,000 acres containing
no Service easements; and the Crow
Lake Alternative (Preferred Alternative),
which would involve the installation of
wind turbines on 131 acres within an
area of approximately 36,000 acres. The
primary basis for selection of the Crow
Lake Alternative over the Winner
Alternative was the greater overall
habitat impacts, including impacts to
the endangered American burying
beetle, associated with the Winner
Alternative.
The ROD documents the measures
adopted to minimize the environmental
impacts of the SDPW Project, including
the acquisition of replacement acres; the
preparation of a decommission plan; the
requirement of a letter of credit to
guarantee financing of the
decommission plan; and the
implementation of measures to protect
wetlands and grassland-dependent
wildlife, vegetation, cultural resources,
and threatened and endangered species.
The development of the South Dakota
Prairie Winds Project EIS and this
decision are guided by, and authorized
under, several laws, regulations, and
Service policies, described as follows:
The National Environmental Policy Act
of 1969, as amended, requires
environmental analysis of actions
proposed by Federal agencies. The
Council on Environmental Quality’s
regulations implementing NEPA at 40
CFR 1501.6 provide for the participation
of another Federal action agency as a
cooperating agency in the development
of an Environmental Assessment or
E:\FR\FM\16NON1.SGM
16NON1
Federal Register / Vol. 75, No. 220 / Tuesday, November 16, 2010 / Notices
Environmental Impact Statement. In this
instance, the Service has elected to be
a Cooperating Agency to the Western
and the RUS. The Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.), as
amended, provides for the conservation
and recovery of listed species of plants
and animals native to the United States
and its territories. Section 7 of the
Endangered Species Act requires
Federal agencies to insure that any
action authorized, funded, or carried out
by them is not likely to jeopardize the
continued existence of listed species or
modify their critical habitat. The
Migratory Bird Treaty Act (MBTA)
prohibits the taking of any migratory
birds without authorization from the
Secretary of the Interior. The regulations
of the National Wildlife Refuge System
Administration Act of 1997, 16 U.S.C.
668dd–ee, require uses of the National
Wildlife Refuge System (System) to be
compatible.
Dated: November 5, 2010.
Stephen Guertin,
Regional Director, Region 6..
[FR Doc. 2010–28934 Filed 11–15–10; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Bureau of Ocean Energy Management,
Regulation and Enforcement
Outer Continental Shelf (OCS),
Western and Central Planning Areas,
Gulf of Mexico (GOM) Oil and Gas
Lease Sales for the 2007–2012 5-Year
OCS Program
Bureau of Ocean Energy
Management, Regulation and
Enforcement (BOEMRE), Interior.
ACTION: Correction—Notice of Intent to
Prepare a Supplemental Environmental
Impact Statement. This Notice corrects
clerical errors in a Notice that published
in the Federal Register on November 10,
2010 (75 FR 69122).
AGENCY:
mstockstill on DSKH9S0YB1PROD with NOTICES
1. Authority
This Notice of Intent (NOI) is
published pursuant to the regulations
(40 CFR 1501.7) implementing the
provisions of the National
Environmental Policy Act (NEPA) of
1969 as amended (42 U.S.C. 4321 et seq.
(1988)).
2. Purpose of the Notice of Intent
BOEMRE is announcing its intent to
prepare a supplemental environmental
impact statement (SEIS) for the
remaining Western Planning Area
(WPA) and Central Planning Area (CPA)
lease sales in the 2007–2012 5-Year OCS
VerDate Mar<15>2010
19:33 Nov 15, 2010
Jkt 223001
Program. The proposed sales are in the
Gulf of Mexico’s WPA off the States of
Texas and Louisiana and in the CPA off
the States of Texas, Louisiana,
Mississippi, and Alabama. The SEIS
will update the environmental and
socioeconomic analyses in the Gulf of
Mexico OCS Oil and Gas Lease Sales:
2007–2012; WPA Sales 204, 207, 210,
215, and 218; CPA Sales 205, 206, 208,
213, 216, and 222, Final Environmental
Impact Statement (OCS EIS/EA MMS
2007–018) (Multisale EIS), the NOI for
which was published in the Federal
Register on March 7, 2006 (Vol. 71, No.
44, Page 11444). The SEIS will also
update the environmental and
socioeconomic analyses in the GOM
OCS Oil and Gas Lease Sales: 2009–
2012; CPA Sales 208, 213, 216, and 222;
WPA Sales 210, 215, and 218; Final
SEIS (OCS EIS/EA MMS 2008–041), the
NOI for which was published in the
Federal Register on September 10, 2007
(Vol. 72, No. 174, Page 51654). The SEIS
for 2009–2012 was prepared after the
Gulf of Mexico Energy and Security Act
(Pub. L. 109–432, December 20, 2006)
required BOEMRE to offer
approximately 5.8 million acres in the
CPA (‘‘181 South Area’’) for oil and gas
leasing, ‘‘as soon as practicable after the
date of enactment of this Act.’’
A SEIS is deemed appropriate to
supplement the NEPA documents cited
above for these lease sales to consider
new circumstances and information
arising, among other things, from the
Deepwater Horizon blowout and spill.
The SEIS analysis will focus on
updating the baseline conditions and
potential environmental effects of oil
and natural gas leasing, exploration,
development, and production in the
WPA and CPA. The SEIS will also
inform future decisions regarding the
approval of operations, as well as
leasing.
Scoping Process:
Federal, State, and local government
agencies, and other interested parties
may assist BOEMRE in determining the
significant issues and alternatives to be
analyzed in the SEIS. Early planning
and consultation is important for
ensuring that all interests and concerns
are communicated to the Department of
the Interior for future decisions in the
leasing process pursuant to the Outer
Continental Shelf Lands Act and
regulations at 30 CFR 256. At a
minimum, alternatives that will be
considered for the sales are no action
(i.e., cancel the sale) or to exclude
certain areas from the sales. Input is
requested on additional measures (e.g.,
technology or water depth limitations)
that would maximize avoidance and
minimizes impacts to environmental
PO 00000
Frm 00111
Fmt 4703
Sfmt 4703
70023
and socioeconomic resources. Formal
consultation with other Federal
agencies, the affected States, and the
public will be carried out during the
NEPA process and will be completed
before a final decision is made on the
lease sales.
For more information on the proposed
sales or the SEIS, you may contact Mr.
Gary Goeke, Gulf of Mexico OCS
Region, 1201 Elmwood Park Boulevard,
Mail Stop 5410, New Orleans, Louisiana
70123–2394 or by calling (504) 736–
3233.
3. Description of the Area
The CPA sale area covers
approximately 66.45 million acres in
12,409 blocks in the Central portion of
GOM (excluding blocks that were
previously included within the Eastern
Planning Area (EPA) and that are within
100 miles of the Florida coast; or
beyond the U.S. Exclusive Economic
Zone in the area known as the northern
portion of the Eastern Gap). The general
area proposed for sale in the WPA
covers approximately 28.57 million
acres in 5,240 blocks in the western
portion of the GOM (excluding whole
and partial blocks within the boundary
of the Flower Garden Banks National
Marine Sanctuary). A map is available
on the BOEMRE Web site at https://
www.gomr.mms.gov/homepg/lsesale/
mau_gom_pa.pdf.
4. Cooperating Agency
The BOEMRE invites other Federal
agencies and State, tribal, and local
governments to consider becoming
cooperating agencies in the preparation
of the SEIS. Following the guidelines
from the Council of Environmental
Quality (CEQ), qualified agencies and
governments are those with ‘‘jurisdiction
by law or special expertise.’’ Potential
cooperating agencies should consider
their authority and capacity to assume
the responsibilities of a cooperating
agency and to remember that an
agency’s role in the environmental
analysis neither enlarges nor diminishes
the final decisionmaking authority of
any other agency involved in the NEPA
process.
Upon request, BOEMRE will provide
potential cooperating agencies with an
information package with a draft
Memorandum of Agreement that
includes a schedule with critical action
dates and milestones, mutual
responsibilities, designated points of
contact, and expectations for handling
predecisional information. Agencies
should also consider the ‘‘Factors for
Determining Cooperating Agency
Status’’ in Attachment 1 to CEQ’s
January 30, 2002, Memorandum for the
E:\FR\FM\16NON1.SGM
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]]>Agencies
[Federal Register Volume 75, Number 220 (Tuesday, November 16, 2010)]
[Notices]
[Pages 70021-70023]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-28934]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R6-R-2010-N257; 60138-1265-6CCP-S3]
South Dakota Prairie Winds Project; Partial Term Relinquishment
and Release of Easement for Wind Energy Development; Record of Decision
for the Final Environmental Impact Statement
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability: Record of decision.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the
availability of a record of decision (ROD) for the final environmental
impact statement (FEIS) on the South Dakota Prairie Winds Project
issued by the Department of Energy's Western Area Power Administration
(Western), and the Department of Agriculture's Rural Utilities Service
(RUS). Under the National Environmental Policy Act of 1969 (NEPA), as
amended, and its implementing regulations, the Service participated as
a cooperating agency in
[[Page 70022]]
the preparation and release of the FEIS. The purpose of this ROD is to
document the Service's decision to release and relinquish certain
easement rights for the construction, operation, and maintenance of the
proposed wind energy generation facilities on lands in Aurora County
and Brule County, South Dakota, on which the Service holds an easement
for waterfowl habitat protection. The action selected by the Service
corresponds with the proposed alternative of the FEIS.
DATES: The Regional Director of the Mountain-Prairie Region, U.S. Fish
and Wildlife Service, signed the ROD on November 5, 2010. We will
implement the ROD immediately upon publication of this notice.
ADDRESSES: You may view or obtain copies of the ROD/FEIS by any of the
following methods:
Web Site: Download a copy of the document(s) at https://www.fws.gov/mountain-prairie/SDPrairieWinds.
E-mail: Michael_J_Bryant@fws.gov. Include ``South Dakota Prairie
Winds Project'' in the subject line of the message.
U.S. Mail: Michael Bryant, Project Leader, Lake Andes NWR Complex,
38672 291st St., Lake Andes, SD 57356.
In-Person Viewing or Pickup: Call Project Leader Michael Bryant,
Lake Andes NWR Complex, at 605 487-7603 to make an appointment during
regular business hours at Lake Andes NWR Complex, 38672 291st St., Lake
Andes, SD 57356.
FOR FURTHER INFORMATION CONTACT: Project Leader Michael Bryant, Lake
Andes NWR Complex, 38672 291st St., Lake Andes, SD 57356; 605 487-7603
(phone).
SUPPLEMENTARY INFORMATION: With this notice, we finalize the Service's
portion of the NEPA (42 U.S.C. et seq.) process for the South Dakota
Prairie Winds (SDPW) Project. Western and RUS issued the FEIS on the
SDPW Project in response to a request from Prairie Winds, SD1,
Incorporated (PW SD1), a wholly owned subsidiary of Basin Electric
(Basin), to interconnect with the transmission system owned and
operated by Western. Basin has requested financing for the project from
the RUS. PW SD1 has also submitted an application to the Service to
locate a portion of the project (6 out of 108 turbines) on lands on
which the Service holds an easement for waterfowl habitat protection
(grassland easement). The application required an action on the part of
the Service. The Service participated as a cooperating agency in the
preparation of the EIS by providing Western and RUS with resource
impact information, maps, and site locations of waterfowl habitat
easement properties within the project area. The Departments of Energy
and Agriculture published the notice of intent to prepare an EIS for
the SDPW Project and to conduct scoping meetings on April 7, 2009 (74
FR 15718), in the Federal Register. The draft EIS was released to the
public and public comments were solicited in an Environmental
Protection Agency notice of availability in the Federal Register notice
on January 15, 2010 (75 FR 2540). The notice of availability of the
Final EIS was published in a Federal Register Notice on July 30, 2010
(75 FR 44951).
Background
The purpose of the SDPW Project is to develop a technically
feasible and economically viable wind-powered electrical generation
resource using identified wind resources in Jerauld, Aurora, and Brule
Counties in South Dakota. The project is designed to meet a portion of
the projected increase in regional demands for electricity produced
from renewable resources. Several States within Basin Electric's
service territory, including Colorado, Minnesota, Montana, North
Dakota, and South Dakota, have adopted Renewable Energy Objectives
(REOs) that require renewable generation to meet a certain percentage
of retail sales. The REOs adopted in the various States include both
mandatory and voluntary goals that range from 10 to 25 percent of
energy production to be generated or procured from an eligible energy
technology by a specified deadline. Deadlines for compliance range from
2015 to 2025.
Public Involvement
Western and RUS employed various methods to provide information to
the public and solicit input. The Agencies invited Federal, State,
local, and tribal governments; Basin Electric; and other interested
groups and persons to participate in defining the scope of the EIS.
Venues for participation included two scoping meetings on April 28 and
April 29, 2009, and one interagency meeting.
In addition to receiving comments at meetings, the agencies invited
interested individuals to submit written comments via mail, fax, e-mail
and/or the project website. The agencies continue to invite public
input on the implementation of the ROD, which is available immediately.
Findings and Basis for Decision
Upon careful consideration of concerns and issues, Service
guidelines and other appropriate laws and regulations, and with
consideration for the need for and alternatives to this project, the
Service has decided to accept the Crow Lake Alternative (Preferred
Alternative) and release and relinquish certain easement rights for the
construction, operation, and maintenance of proposed wind energy
generation facilities on impacted lands in Aurora County and Brule
County, South Dakota, on which the Service holds an Easement for
Waterfowl Habitat Protection. Specifically, the Service will release
and relinquish certain easement rights on 25.65 acres of land protected
by grassland easement in exchange for easements of equal or greater
habitat and monetary value on currently unprotected lands elsewhere.
The alternatives for the Prairie Winds Project are described in
detail in the EIS. Alternatives that were developed were: No Action
Alternative (i.e., wind turbines would have to be sited on lands not
encumbered with Service easements, or the project would not be built);
the Winner Alternative, which would involve the installation of wind
turbines on 261 acres within an area of approximately 83,000 acres
containing no Service easements; and the Crow Lake Alternative
(Preferred Alternative), which would involve the installation of wind
turbines on 131 acres within an area of approximately 36,000 acres. The
primary basis for selection of the Crow Lake Alternative over the
Winner Alternative was the greater overall habitat impacts, including
impacts to the endangered American burying beetle, associated with the
Winner Alternative.
The ROD documents the measures adopted to minimize the
environmental impacts of the SDPW Project, including the acquisition of
replacement acres; the preparation of a decommission plan; the
requirement of a letter of credit to guarantee financing of the
decommission plan; and the implementation of measures to protect
wetlands and grassland-dependent wildlife, vegetation, cultural
resources, and threatened and endangered species.
The development of the South Dakota Prairie Winds Project EIS and
this decision are guided by, and authorized under, several laws,
regulations, and Service policies, described as follows: The National
Environmental Policy Act of 1969, as amended, requires environmental
analysis of actions proposed by Federal agencies. The Council on
Environmental Quality's regulations implementing NEPA at 40 CFR 1501.6
provide for the participation of another Federal action agency as a
cooperating agency in the development of an Environmental Assessment or
[[Page 70023]]
Environmental Impact Statement. In this instance, the Service has
elected to be a Cooperating Agency to the Western and the RUS. The
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), as amended,
provides for the conservation and recovery of listed species of plants
and animals native to the United States and its territories. Section 7
of the Endangered Species Act requires Federal agencies to insure that
any action authorized, funded, or carried out by them is not likely to
jeopardize the continued existence of listed species or modify their
critical habitat. The Migratory Bird Treaty Act (MBTA) prohibits the
taking of any migratory birds without authorization from the Secretary
of the Interior. The regulations of the National Wildlife Refuge System
Administration Act of 1997, 16 U.S.C. 668dd-ee, require uses of the
National Wildlife Refuge System (System) to be compatible.
Dated: November 5, 2010.
Stephen Guertin,
Regional Director, Region 6..
[FR Doc. 2010-28934 Filed 11-15-10; 8:45 am]
BILLING CODE 4310-55-P
