Notice of Intent To Prepare a Draft Environmental Impact Statement for a Proposed Habitat Conservation Plan and Incidental Take Permit, 30384-30386 [2011-12860]
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30384
Federal Register / Vol. 76, No. 101 / Wednesday, May 25, 2011 / Notices
receiving moderate to high goose use.
Refuge farming program costs would
increase and goose use would likely
decrease.
This alternative would create the
opportunity to restore approximately
1,436 acres of cropland to native habitat
since the amount of farmland would be
reduced. However, the fields to be
restored would likely lie fallow and
could become weedy while awaiting
staff time and funding for restoration.
Wildlife observation and
interpretation would continue to be
emphasized as the cornerstone of the
public use program, but this alternative
does little to expand these programs
further. Interpretive signs would be
developed or updated for existing
facilities where needed, but major new
developments and new interpretive
methods would generally not occur.
One or two special events would be
held each year. The current area closed
to public access on all three refuges
would remain in effect to provide
sanctuary during the wintering
waterfowl season.
Deer hunting, threatened and
endangered species management,
environmental education, fishing, elk
management, cultural resources,
subsequent land protection planning,
and conservation partnership activity
would occur as under Alternative 2.
WReier-Aviles on DSKGBLS3C1PROD with NOTICES
Public Availability of Documents
In addition to the information in
ADDRESSES, you can view or obtain
documents in the following ways: by
calling the refuge complex at (541) 757–
7236 or visiting our Web site at https://
www.fws.gov/WillametteValley/finley/
refuge_planning.html. Printed copies
will be available for review at the
following libraries:
• Corvallis-Benton County Public
Library, 645 NW. Monroe Avenue,
Corvallis, OR 97330, 541–766–6926.
• Albany Public Library, 2450 14th
Avenue SE., Albany, OR 97231, 541–
917–7580.
• Dallas Public Library, 950 Main
Street, Dallas, OR 97338, 503–623–2633.
• Jefferson Public Library, 128 South
Main Street, Jefferson, OR 97352, 541–
327–3826.
Next Steps
After this comment period ends, we
will analyze the comments and address
them in the final CCP and decision
document.
Public Availability of Comments
Before including your address, phone
number, e-mail address, or other
personal identifying information in your
comment, you should be aware that
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15:12 May 24, 2011
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your entire comment—including your
personal identifying information—may
become publicly available at any time.
While you can ask us in your comment
to withhold your identifying
information from the public, we cannot
guarantee that we will be able to do so.
Dated: April 28, 2011.
Robyn Thorson,
Regional Director, Region 1, Portland, Oregon.
[FR Doc. 2011–12964 Filed 5–24–11; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R3–ES–2011–N096; 30120–1112–000–
F2]
Notice of Intent To Prepare a Draft
Environmental Impact Statement for a
Proposed Habitat Conservation Plan
and Incidental Take Permit
Fish and Wildlife Service,
Interior.
ACTION: Notice of intent; request for
comments.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), advise the
public that we intend to prepare a draft
environmental impact statement (EIS) to
evaluate the impacts of several
alternatives relating to the proposed
issuance of an Endangered Species Act
Permit to Fowler Ridge Wind Farm LLC,
Fowler Ridge Wind Farm II LLC, Fowler
Ridge Wind Farm III LLC, and Fowler
Ridge Wind Farm IV LLC (Applicant)
for incidental take of the Indiana bat
(Myotis sodalis), a Federal endangered
species, from activities associated with
the operation of Fowler Ridge Wind
Farm in Benton County, Indiana. We
also announce a public comment
period.
DATES: The public scoping period begins
with publication of this notice in the
Federal Register and will continue
through June 23, 2011. The Service will
consider all comments defining the
scope of the EIS that are received or
postmarked by this date. Comments
received or postmarked after this date
will be considered to the extent
practicable. The Service will conduct a
public scoping meeting in Fowler, IN,
on June 7, 2011. The scoping meeting
will provide the public with an
opportunity to present comments, ask
questions, and discuss issues with
Service staff regarding the EIS.
ADDRESSES: You may submit comments
by U.S. mail or hand-delivery to Mr.
Scott Pruitt, U.S. Fish and Wildlife
Service, 621 South Walker St.,
SUMMARY:
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Bloomington, Indiana, 47403; electronic
mail: FowlerRidgeHCP@fws.gov; or fax:
(812) 334–4273 (Attention: Scott Pruitt).
FOR FURTHER INFORMATION CONTACT: Mr.
Scott Pruitt at (812) 334–4261.
Individuals who are hearing-impaired or
speech-impaired may call the Federal
Relay Service at (800) 877–8337 for TTY
assistance.
SUPPLEMENTARY INFORMATION: We
publish this notice in compliance with
the National Environmental Policy Act
of 1969 (NEPA), as amended (42 U.S.C.
4321 et seq.), and its implementing
regulations (40 CFR 1501.7, 1506.6, and
1508.22), and Section 10(c) of the
Endangered Species Act of 1973 (the
Act), as amended (16 U.S.C. 1539(c)).
We intend to gather the information
necessary to determine impacts and
alternatives to support a decision
regarding the potential issuance of an
incidental take permit to the Applicant,
and the implementation of the
supporting draft habitat conservation
plan (HCP). We intend to prepare an EIS
to evaluate the impacts of several
alternatives relating to the proposed
issuance of an incidental take permit
(ITP) under the Act. The applicant
proposes to apply for an incidental take
permit through development and
implementation of an HCP. The
proposed HCP will cover take of the
Indiana bat that is incidental to
activities associated with the operation
of Fowler Ridge Wind Farm, and will
include measures necessary to minimize
and mitigate impacts to the Indiana bat
and its habitat to the maximum extent
practicable.
Request for Information
The Service requests 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.
These comments will be considered in
the development of a draft EIS, in the
development of a draft HCP by the
applicant, and in the determination of
whether to issue an ITP. We particularly
seek comments concerning:
(1) Biological information concerning
the Indiana bat;
(2) Relevant data concerning wind
power and bat interactions;
(3) Additional information concerning
the range, distribution, population size,
and population trends of the Indiana
bat;
(4) Current or planned activities in the
subject area and their possible impacts
on the Indiana bat;
(5) Any information identified in the
aforementioned as it relates to other bat
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Federal Register / Vol. 76, No. 101 / Wednesday, May 25, 2011 / Notices
species, in particular, tree bat species
such as red bat (Lasiurus borealis),
hoary bat (Lasiurus cinereus), and
silver-haired bat (Lasionycteris
noctivagans) that occur in the project
area;
(6) The presence of archeological
sites, buildings and structures, historic
events, sacred and traditional areas, and
other historic preservation concerns,
which are required to be considered in
project planning by the National
Historic Preservation Act (16 U.S.C. 470
et seq.); and
(7) Identification of any other
environmental issues that should be
considered with regard to the proposed
development and permit action.
Public Comments
You may submit your comments and
materials considering this notice by one
of the methods listed in the ADDRESSES
section.
Comments and materials we receive,
as well as supporting documentation we
use in preparing the NEPA document
will be available for public inspection
by appointment, during normal business
hours, at the U.S. Fish and Wildlife
Service, Bloomington Indiana Field
Office (see FOR FURTHER INFORMATION
CONTACT section). You may obtain
copies of this notice on the Internet at:
https://www.fws.gov/midwest/
Endangered/permits/hcp/r3hcps.html,
or by mail from the Bloomington
Indiana Field Office (see FOR FURTHER
INFORMATION CONTACT section).
WReier-Aviles on DSKGBLS3C1PROD with NOTICES
Background
Section 9 of the Act prohibits ‘‘take’’
of fish and wildlife species listed as
endangered under section 4 (16 U.S.C.
1538, 1533, respectively). The Act’s
implementing regulations extend, under
certain circumstances, the prohibition of
take to threatened species (50 CFR
17.31). Under section 3 of the Act, the
term ‘‘take’’ means ‘‘to harass, harm,
pursue, hunt, shoot, wound, kill, trap,
capture, or collect, or to attempt to
engage in any such conduct’’ (16 CFR
part 1521). The term ‘‘harm’’ is defined
by regulation as ‘‘an act which actually
kills or injures wildlife. Such act may
include significant habitat modification
or degradation where it actually kills or
injures wildlife by significantly
impairing essential behavioral patterns,
including breeding, feeding, or
sheltering’’ (50 CFR 17.3). The term
‘‘harass’’ is defined in the regulations as
‘‘an intentional or negligent act or
omission which creates the likelihood of
injury to wildlife by annoying it to such
an extent as to significantly disrupt
normal behavioral patterns which
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15:12 May 24, 2011
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include, but are not limited to, breeding,
feeding, or sheltering’’ (50 CFR 17.3).
Section 10(a)(2)(A) of the Act requires
an applicant for an incidental take
permit to prepare an HCP that describes:
(1) The impact that will likely result
from such taking;
(2) the steps the applicant will take to
minimize and mitigate such impacts,
and the funding that will be available to
implement such steps;
(3) the alternative actions to such
taking that the applicant considered and
the reasons why such alternatives are
not being utilized; and
(4) the other measures that the
Secretary may require as being
necessary or appropriate for the
purposes of the plan (16 U.S.C.
1539(a)(2)(A)).
Section 10(a)(2)(B) of the Act requires
the Secretary to issue an incidental take
permit to an applicant when it
determines that:
(1) The taking will be incidental;
(2) the applicant will, to the
maximum extent practicable, minimize
and mitigate the impacts of such taking;
(3) the applicant has ensured 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 measures, if any, the Secretary
may require as necessary or appropriate
for the purposes of the plan will be met
(16 U.S.C. 1539(a)(2)(B)).
Regulations governing permits for
endangered and threatened species are
at 50 CFR 17.22 and 17.32.
The Indiana bat was added to the list
of Endangered and Threatened Wildlife
and Plants on March 11, 1967 (32 FR
4001). It is currently listed as an
endangered species under the Act. The
population decline of this species is
attributed to habitat loss and
degradation of both winter hibernation
habitat and summer habitat, human
disturbance during hibernation, and
possibly pesticides. An additional and
emerging threat to Indiana bats is WhiteNose Syndrome (WNS). WNS is
associated with a recently discovered
fungus (Geomyces destructans) that
affects the skin and wing membranes of
bats. Over 1 million bats of 6 species,
including the federally endangered
Indiana bat, have died in eastern North
America from WNS since 2006. The
range of the Indiana bat includes much
of the eastern United States, and Indiana
is located within the core of the species’
range; approximately half of the known
population of Indiana bats hibernates in
Indiana.
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30385
Winter habitat for the Indiana bat
includes caves and mines that support
high humidity and cool but stable
temperatures. In the summer, Indiana
bats often roost under loose bark of dead
or dying trees. During summer, males
roost alone or in small groups while
females and their offspring roost in
larger groups of up to 100 or more.
Indiana bats forage for insects in and
along the edges of forested areas and
wooded stream corridors. Maternity
colonies of Indiana bats occur
throughout Indiana. FRWF is located
approximately 100 miles from the
nearest known hibernaculum, and it is
unlikely that Benton or surrounding
counties contain Indiana bat
hibernacula.
Proposed Action—Modified Operations
Alternative
The proposed action is issuance of an
incidental take permit (ITP) for the
Indiana bat during operation of Phases
I, II, III, and IV of the Applicant’s FRWF.
The proposed HCP, which must meet
the requirements in section 10(a)(2)(A)
of the Act, would be developed and
implemented by the applicant, and will
include measures necessary to minimize
and mitigate impacts to the Indiana bat
and its habitat to the maximum extent
practicable. The HCP will present the
Applicant’s plan to modify operations to
avoid, minimize, and mitigate impacts
to endangered species that are present
or migrating through the action area.
The Applicant for the ITP is
developing and operating a wind power
project in Benton County, Indiana. The
area under lease for the FRWF is
approximately 54,880 acres (ac) (22,209
hectares (ha)) within portions of
Richland, Parish Grove, Center, Pine,
Hickory Grove, Grant and Oak Grove
Townships. The wind power project
includes the operation of 355 existing
wind turbine generators during the first
three phases of the project, and
construction and operation of up to 93
additional turbines at Phase IV of the
project, for a total of up to 448 wind
turbines. The project would also include
all associated collector lines, access
roads, utility lines, substations,
operation and maintenance facility
buildings, and temporary staging areas
and concrete batch plants, if applicable.
Up to five different models of wind
turbines may be in use at various times
during the four phases of FRWF. The
wind turbine hub height at Phases I, II,
and III is 263 feet (ft) (80 meters (m)),
with the rotor diameter varying from
253 ft (77 m) to 315 ft (96 m), depending
on the type of turbine. Approximate
total height at the rotor apex at Phases
I, II, and III varies from 389 ft (118.5 m)
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25MYN1
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Federal Register / Vol. 76, No. 101 / Wednesday, May 25, 2011 / Notices
to 446 ft (136.5 m), depending on the
type of turbine. The proposed wind
turbine hub height for Phase IV would
range 263–328 ft (80–100 m), depending
on the type of turbine selected. Rotor
diameters at Phase IV may vary from
253 to 371 ft (77 to 113 m), depending
on the type of turbine selected.
Approximate total height at the rotor
apex would vary from 389 to 514 ft
(118.5 to 156.5 m). Installation of each
individual turbine will temporarily
impact an area of approximately 2.9 ac
(1.2 ha), while the final footprint of each
turbine will be approximately 0.2 ac
(0.08 ha). Access roads to the turbines
will have a temporary width of up to 55
ft (17 m) during construction and a
permanent width of 16 to 20 ft (4.8 to
6.1 m).
The project is located in a rural
setting, with the landscape primarily
composed of agricultural properties. Of
the roughly 72,953 ac (29,523 ha) within
0.5 mi (0.8 km) of turbine locations, row
crops comprise about 93 percent of the
land use for the study area. After tilled
agriculture, the next most common land
uses within the FRWF are developed
areas (e.g., houses and buildings), which
comprise 5.0 percent of the total, and
pastures/hayfields, which comprise 1.4
percent of the total. There are 22.8 ac
(9.2 ha) of grasslands, which compose
less than 0.1 percent of the study area.
Grasslands in the study area are limited
primarily to strips along drainages,
railroad rights-of-way (ROW), and
ROWs along county and State roads.
Trees in the study area occur at
homesteads, along some of the drainages
and fencerows, and within some small,
isolated woodlots. Forested areas are
rare within the study area, based on
2001 data, and the 249.3 ac (100.8 ha)
of forest comprise 0.5 percent of the
total area. Small amounts of barren
ground, open water, and woody
wetlands are also present.
Despite the relatively small acreage of
land to be affected by the project,
impacts to wildlife, particularly birds
and bats, are anticipated. Minimization
for potential impacts to Indiana bats
will include a turbine operational
management adjustment program
developed based on the results of postconstruction studies conducted at
Phases I, II, and III of the project.
Any turbine operational management
adjustment program is likely to contain
various measures to avoid and minimize
impacts to Indiana bats, including the
impact of lethal take. Various methods
that may be considered include, but are
not limited to: Protection of roost trees
and surrounding habitat, set-back
distances from known roost trees,
mapping and avoidance of foraging
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15:12 May 24, 2011
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areas, protection and enhancement of
Indiana bat habitat outside the project
area, various operational adjustments
for turbines during prime activity or
migration periods, and postconstruction monitoring for fatalities.
Alternatives to the Proposed Action
In addition to the proposed action,
there is one additional action alternative
that is currently under consideration
related to the proposed issuance of an
ITP to the Applicant for activities
associated with operation of the Fowler
Ridge Wind Farm. These alternatives,
and possibly additional alternatives,
will be considered in the draft EIS,
along with the potential impacts
associated with each alternative. Each
action alternative analyzed in the draft
EIS will be compared to the No Action
alternative. The No Action alternative
represents estimated future conditions
to which the proposed action can be
compared.
No Action Alternative
Under the No Action Alternative, an
ITP pursuant to Section 10(a)(1)(B) of
the Act would not be issued for the
existing phases or the future Phase IV of
the Fowler Ridge Wind Farm. The
existing phases of the project would
continue to fully operate, and Phase IV
would fully operate once construction is
complete. Under the No Action
Alternative, the applicant would not
have coverage for an incidental take of
the Indiana bat and would be at risk of
violation of Section 9 of the Act. In
addition, no HCP would be produced;
therefore, the Indiana bat would not
have the protections afforded to it
through development and
implementation of an HCP. The
proposed project purpose would not be
met under the No Action Alternative.
Maximally Restricted Operations
Alternative
Under the Maximally Restricted
Operations Alternative, an ITP would be
issued; Phases I, II and III would
continue to operate; and Phase IV would
be constructed as described under
Proposed Action—i.e., full build-out of
up to 448 turbines. Minimization for
potential impacts to Indiana bats would
include shutting down turbines at night
during the period from April 1 through
October 31, the active period for Indiana
bats. This minimization would occur
during all four phases of the project,
every year the FRWF is in operation.
Environmental Review
The Service will conduct an
environmental review to analyze
various alternatives for implementing
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Sfmt 4703
the proposed action and the associated
impacts of each. The draft EIS will be
the basis for the impact evaluation for
Indiana bats and the range of
alternatives to be addressed. The draft
EIS is expected to provide biological
descriptions of the affected species and
habitats, as well as the effects of the
alternatives on other resources such as
vegetation, wetlands, wildlife, geology
and soils, air quality, water resources,
water quality, cultural resources, land
use, recreation, water use, local
economy, and environmental justice.
Following completion of the
environmental review, the Service will
publish a notice of availability and a
request for comments on the draft EIS
and the Applicant’s permit application,
which will include the draft HCP. The
draft EIS and draft HCP are expected to
be completed and available to the public
in late 2011.
Authority
This notice is being furnished as
provided for by NEPA, the NEPA
regulations, and the Act. The intent of
the notice is to obtain suggestions and
additional information from other
agencies and the public on the scope of
issues to be considered. Comments and
participation in this scoping process are
solicited.
Dated: May 9, 2011.
Lynn Lewis,
Assistant Regional Director, Ecological
Services, Region 3, Fort Snelling, MN.
[FR Doc. 2011–12860 Filed 5–24–11; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R9–IA–2011–N110; 96300–1671–
0000–P5]
Endangered Species; Marine
Mammals; Receipt of Applications for
Permit
Fish and Wildlife Service,
Interior.
ACTION: Notice of receipt of applications
for permit.
AGENCY:
We, the U.S. Fish and
Wildlife Service, invite the public to
comment on the following applications
to conduct certain activities with
endangered species, marine mammals,
or both. With some exceptions, the
Endangered Species Act (ESA) and
Marine Mammal Protection Act
(MMPA) prohibits activities with listed
species unless a Federal permit is issued
that allows such activities. Both laws
SUMMARY:
E:\FR\FM\25MYN1.SGM
25MYN1
Agencies
[Federal Register Volume 76, Number 101 (Wednesday, May 25, 2011)]
[Notices]
[Pages 30384-30386]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-12860]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R3-ES-2011-N096; 30120-1112-000-F2]
Notice of Intent To Prepare a Draft Environmental Impact
Statement for a Proposed Habitat Conservation Plan and Incidental Take
Permit
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of intent; request for comments.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), advise the
public that we intend to prepare a draft environmental impact statement
(EIS) to evaluate the impacts of several alternatives relating to the
proposed issuance of an Endangered Species Act Permit to Fowler Ridge
Wind Farm LLC, Fowler Ridge Wind Farm II LLC, Fowler Ridge Wind Farm
III LLC, and Fowler Ridge Wind Farm IV LLC (Applicant) for incidental
take of the Indiana bat (Myotis sodalis), a Federal endangered species,
from activities associated with the operation of Fowler Ridge Wind Farm
in Benton County, Indiana. We also announce a public comment period.
DATES: The public scoping period begins with publication of this notice
in the Federal Register and will continue through June 23, 2011. The
Service will consider all comments defining the scope of the EIS that
are received or postmarked by this date. Comments received or
postmarked after this date will be considered to the extent
practicable. The Service will conduct a public scoping meeting in
Fowler, IN, on June 7, 2011. The scoping meeting will provide the
public with an opportunity to present comments, ask questions, and
discuss issues with Service staff regarding the EIS.
ADDRESSES: You may submit comments by U.S. mail or hand-delivery to Mr.
Scott Pruitt, U.S. Fish and Wildlife Service, 621 South Walker St.,
Bloomington, Indiana, 47403; electronic mail: FowlerRidgeHCP@fws.gov;
or fax: (812) 334-4273 (Attention: Scott Pruitt).
FOR FURTHER INFORMATION CONTACT: Mr. Scott Pruitt at (812) 334-4261.
Individuals who are hearing-impaired or speech-impaired may call the
Federal Relay Service at (800) 877-8337 for TTY assistance.
SUPPLEMENTARY INFORMATION: We publish this notice in compliance with
the National Environmental Policy Act of 1969 (NEPA), as amended (42
U.S.C. 4321 et seq.), and its implementing regulations (40 CFR 1501.7,
1506.6, and 1508.22), and Section 10(c) of the Endangered Species Act
of 1973 (the Act), as amended (16 U.S.C. 1539(c)). We intend to gather
the information necessary to determine impacts and alternatives to
support a decision regarding the potential issuance of an incidental
take permit to the Applicant, and the implementation of the supporting
draft habitat conservation plan (HCP). We intend to prepare an EIS to
evaluate the impacts of several alternatives relating to the proposed
issuance of an incidental take permit (ITP) under the Act. The
applicant proposes to apply for an incidental take permit through
development and implementation of an HCP. The proposed HCP will cover
take of the Indiana bat that is incidental to activities associated
with the operation of Fowler Ridge Wind Farm, and will include measures
necessary to minimize and mitigate impacts to the Indiana bat and its
habitat to the maximum extent practicable.
Request for Information
The Service requests 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. These comments will be considered in the development of
a draft EIS, in the development of a draft HCP by the applicant, and in
the determination of whether to issue an ITP. We particularly seek
comments concerning:
(1) Biological information concerning the Indiana bat;
(2) Relevant data concerning wind power and bat interactions;
(3) Additional information concerning the range, distribution,
population size, and population trends of the Indiana bat;
(4) Current or planned activities in the subject area and their
possible impacts on the Indiana bat;
(5) Any information identified in the aforementioned as it relates
to other bat
[[Page 30385]]
species, in particular, tree bat species such as red bat (Lasiurus
borealis), hoary bat (Lasiurus cinereus), and silver-haired bat
(Lasionycteris noctivagans) that occur in the project area;
(6) The presence of archeological sites, buildings and structures,
historic events, sacred and traditional areas, and other historic
preservation concerns, which are required to be considered in project
planning by the National Historic Preservation Act (16 U.S.C. 470 et
seq.); and
(7) Identification of any other environmental issues that should be
considered with regard to the proposed development and permit action.
Public Comments
You may submit your comments and materials considering this notice
by one of the methods listed in the ADDRESSES section.
Comments and materials we receive, as well as supporting
documentation we use in preparing the NEPA document will be available
for public inspection by appointment, during normal business hours, at
the U.S. Fish and Wildlife Service, Bloomington Indiana Field Office
(see FOR FURTHER INFORMATION CONTACT section). You may obtain copies of
this notice on the Internet at: https://www.fws.gov/midwest/Endangered/permits/hcp/r3hcps.html, or by mail from the Bloomington Indiana Field
Office (see FOR FURTHER INFORMATION CONTACT section).
Background
Section 9 of the Act prohibits ``take'' of fish and wildlife
species listed as endangered under section 4 (16 U.S.C. 1538, 1533,
respectively). The Act's implementing regulations extend, under certain
circumstances, the prohibition of take to threatened species (50 CFR
17.31). Under section 3 of the Act, the term ``take'' means ``to
harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or
collect, or to attempt to engage in any such conduct'' (16 CFR part
1521). The term ``harm'' is defined by regulation as ``an act which
actually kills or injures wildlife. Such act may include significant
habitat modification or degradation where it actually kills or injures
wildlife by significantly impairing essential behavioral patterns,
including breeding, feeding, or sheltering'' (50 CFR 17.3). The term
``harass'' is defined in the regulations as ``an intentional or
negligent act or omission which creates the likelihood of injury to
wildlife by annoying it to such an extent as to significantly disrupt
normal behavioral patterns which include, but are not limited to,
breeding, feeding, or sheltering'' (50 CFR 17.3).
Section 10(a)(2)(A) of the Act requires an applicant for an
incidental take permit to prepare an HCP that describes:
(1) The impact that will likely result from such taking;
(2) the steps the applicant will take to minimize and mitigate such
impacts, and the funding that will be available to implement such
steps;
(3) the alternative actions to such taking that the applicant
considered and the reasons why such alternatives are not being
utilized; and
(4) the other measures that the Secretary may require as being
necessary or appropriate for the purposes of the plan (16 U.S.C.
1539(a)(2)(A)).
Section 10(a)(2)(B) of the Act requires the Secretary to issue an
incidental take permit to an applicant when it determines that:
(1) The taking will be incidental;
(2) the applicant will, to the maximum extent practicable, minimize
and mitigate the impacts of such taking;
(3) the applicant has ensured 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 measures, if any, the Secretary may require as necessary or
appropriate for the purposes of the plan will be met (16 U.S.C.
1539(a)(2)(B)).
Regulations governing permits for endangered and threatened species
are at 50 CFR 17.22 and 17.32.
The Indiana bat was added to the list of Endangered and Threatened
Wildlife and Plants on March 11, 1967 (32 FR 4001). It is currently
listed as an endangered species under the Act. The population decline
of this species is attributed to habitat loss and degradation of both
winter hibernation habitat and summer habitat, human disturbance during
hibernation, and possibly pesticides. An additional and emerging threat
to Indiana bats is White-Nose Syndrome (WNS). WNS is associated with a
recently discovered fungus (Geomyces destructans) that affects the skin
and wing membranes of bats. Over 1 million bats of 6 species, including
the federally endangered Indiana bat, have died in eastern North
America from WNS since 2006. The range of the Indiana bat includes much
of the eastern United States, and Indiana is located within the core of
the species' range; approximately half of the known population of
Indiana bats hibernates in Indiana.
Winter habitat for the Indiana bat includes caves and mines that
support high humidity and cool but stable temperatures. In the summer,
Indiana bats often roost under loose bark of dead or dying trees.
During summer, males roost alone or in small groups while females and
their offspring roost in larger groups of up to 100 or more. Indiana
bats forage for insects in and along the edges of forested areas and
wooded stream corridors. Maternity colonies of Indiana bats occur
throughout Indiana. FRWF is located approximately 100 miles from the
nearest known hibernaculum, and it is unlikely that Benton or
surrounding counties contain Indiana bat hibernacula.
Proposed Action--Modified Operations Alternative
The proposed action is issuance of an incidental take permit (ITP)
for the Indiana bat during operation of Phases I, II, III, and IV of
the Applicant's FRWF. The proposed HCP, which must meet the
requirements in section 10(a)(2)(A) of the Act, would be developed and
implemented by the applicant, and will include measures necessary to
minimize and mitigate impacts to the Indiana bat and its habitat to the
maximum extent practicable. The HCP will present the Applicant's plan
to modify operations to avoid, minimize, and mitigate impacts to
endangered species that are present or migrating through the action
area.
The Applicant for the ITP is developing and operating a wind power
project in Benton County, Indiana. The area under lease for the FRWF is
approximately 54,880 acres (ac) (22,209 hectares (ha)) within portions
of Richland, Parish Grove, Center, Pine, Hickory Grove, Grant and Oak
Grove Townships. The wind power project includes the operation of 355
existing wind turbine generators during the first three phases of the
project, and construction and operation of up to 93 additional turbines
at Phase IV of the project, for a total of up to 448 wind turbines. The
project would also include all associated collector lines, access
roads, utility lines, substations, operation and maintenance facility
buildings, and temporary staging areas and concrete batch plants, if
applicable. Up to five different models of wind turbines may be in use
at various times during the four phases of FRWF. The wind turbine hub
height at Phases I, II, and III is 263 feet (ft) (80 meters (m)), with
the rotor diameter varying from 253 ft (77 m) to 315 ft (96 m),
depending on the type of turbine. Approximate total height at the rotor
apex at Phases I, II, and III varies from 389 ft (118.5 m)
[[Page 30386]]
to 446 ft (136.5 m), depending on the type of turbine. The proposed
wind turbine hub height for Phase IV would range 263-328 ft (80-100 m),
depending on the type of turbine selected. Rotor diameters at Phase IV
may vary from 253 to 371 ft (77 to 113 m), depending on the type of
turbine selected. Approximate total height at the rotor apex would vary
from 389 to 514 ft (118.5 to 156.5 m). Installation of each individual
turbine will temporarily impact an area of approximately 2.9 ac (1.2
ha), while the final footprint of each turbine will be approximately
0.2 ac (0.08 ha). Access roads to the turbines will have a temporary
width of up to 55 ft (17 m) during construction and a permanent width
of 16 to 20 ft (4.8 to 6.1 m).
The project is located in a rural setting, with the landscape
primarily composed of agricultural properties. Of the roughly 72,953 ac
(29,523 ha) within 0.5 mi (0.8 km) of turbine locations, row crops
comprise about 93 percent of the land use for the study area. After
tilled agriculture, the next most common land uses within the FRWF are
developed areas (e.g., houses and buildings), which comprise 5.0
percent of the total, and pastures/hayfields, which comprise 1.4
percent of the total. There are 22.8 ac (9.2 ha) of grasslands, which
compose less than 0.1 percent of the study area. Grasslands in the
study area are limited primarily to strips along drainages, railroad
rights-of-way (ROW), and ROWs along county and State roads. Trees in
the study area occur at homesteads, along some of the drainages and
fencerows, and within some small, isolated woodlots. Forested areas are
rare within the study area, based on 2001 data, and the 249.3 ac (100.8
ha) of forest comprise 0.5 percent of the total area. Small amounts of
barren ground, open water, and woody wetlands are also present.
Despite the relatively small acreage of land to be affected by the
project, impacts to wildlife, particularly birds and bats, are
anticipated. Minimization for potential impacts to Indiana bats will
include a turbine operational management adjustment program developed
based on the results of post-construction studies conducted at Phases
I, II, and III of the project.
Any turbine operational management adjustment program is likely to
contain various measures to avoid and minimize impacts to Indiana bats,
including the impact of lethal take. Various methods that may be
considered include, but are not limited to: Protection of roost trees
and surrounding habitat, set-back distances from known roost trees,
mapping and avoidance of foraging areas, protection and enhancement of
Indiana bat habitat outside the project area, various operational
adjustments for turbines during prime activity or migration periods,
and post-construction monitoring for fatalities.
Alternatives to the Proposed Action
In addition to the proposed action, there is one additional action
alternative that is currently under consideration related to the
proposed issuance of an ITP to the Applicant for activities associated
with operation of the Fowler Ridge Wind Farm. These alternatives, and
possibly additional alternatives, will be considered in the draft EIS,
along with the potential impacts associated with each alternative. Each
action alternative analyzed in the draft EIS will be compared to the No
Action alternative. The No Action alternative represents estimated
future conditions to which the proposed action can be compared.
No Action Alternative
Under the No Action Alternative, an ITP pursuant to Section
10(a)(1)(B) of the Act would not be issued for the existing phases or
the future Phase IV of the Fowler Ridge Wind Farm. The existing phases
of the project would continue to fully operate, and Phase IV would
fully operate once construction is complete. Under the No Action
Alternative, the applicant would not have coverage for an incidental
take of the Indiana bat and would be at risk of violation of Section 9
of the Act. In addition, no HCP would be produced; therefore, the
Indiana bat would not have the protections afforded to it through
development and implementation of an HCP. The proposed project purpose
would not be met under the No Action Alternative.
Maximally Restricted Operations Alternative
Under the Maximally Restricted Operations Alternative, an ITP would
be issued; Phases I, II and III would continue to operate; and Phase IV
would be constructed as described under Proposed Action--i.e., full
build-out of up to 448 turbines. Minimization for potential impacts to
Indiana bats would include shutting down turbines at night during the
period from April 1 through October 31, the active period for Indiana
bats. This minimization would occur during all four phases of the
project, every year the FRWF is in operation.
Environmental Review
The Service will conduct an environmental review to analyze various
alternatives for implementing the proposed action and the associated
impacts of each. The draft EIS will be the basis for the impact
evaluation for Indiana bats and the range of alternatives to be
addressed. The draft EIS is expected to provide biological descriptions
of the affected species and habitats, as well as the effects of the
alternatives on other resources such as vegetation, wetlands, wildlife,
geology and soils, air quality, water resources, water quality,
cultural resources, land use, recreation, water use, local economy, and
environmental justice. Following completion of the environmental
review, the Service will publish a notice of availability and a request
for comments on the draft EIS and the Applicant's permit application,
which will include the draft HCP. The draft EIS and draft HCP are
expected to be completed and available to the public in late 2011.
Authority
This notice is being furnished as provided for by NEPA, the NEPA
regulations, and the Act. The intent of the notice is to obtain
suggestions and additional information from other agencies and the
public on the scope of issues to be considered. Comments and
participation in this scoping process are solicited.
Dated: May 9, 2011.
Lynn Lewis,
Assistant Regional Director, Ecological Services, Region 3, Fort
Snelling, MN.
[FR Doc. 2011-12860 Filed 5-24-11; 8:45 am]
BILLING CODE 4310-55-P