Application for an Incidental Take Permit for the Madison Cave Isopod From Dominion Virginia Power; Low-Effect Habitat Conservation Plan, 52344-52345 [2011-21425]

Download as PDF 52344 Federal Register / Vol. 76, No. 162 / Monday, August 22, 2011 / Notices businesses and other entities, and individuals who may have information relevant to an inquiry, and individuals who have been suspended, proposed for debarment or debarred, and their legal representatives. SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: The Privacy Act (5 U.S.C. 552a(k)(2) and (k)(5)) provides general exemption authority for some Privacy Act systems. In accordance with that authority, the Department of the Interior adopted regulations, 43 CFR 2.79(a–b). Pursuant to exemptions 5 U.S.C. 552a (k)(2) and (k)(5) of the Privacy Act, portions of this system of records are exempt from the following subsections of the Privacy Act (as found in 5 U.S.C. 552a): subsections (c)(3), (d), (e)(1), (e)(4)(G) through (e)(4)(I), and (f) of the Privacy Act. [FR Doc. 2011–21307 Filed 8–19–11; 8:45 am] BILLING CODE 4310–RF–P The proposed NOS for Sale 218 and a ‘‘Proposed Notice of Sale Package’’ containing information essential to potential bidders may be obtained from the Public Information Unit, Gulf of Mexico Region, Bureau of Ocean Energy Management, Regulation and Enforcement, 1201 Elmwood Park Boulevard, New Orleans, Louisiana 70123–2394. Telephone: (504) 736– 2519. For Sale 218, BOEMRE will be issuing leases with a revised lease form which is scheduled to be approved October 2011. The table identifying all the changes between the previous lease form and the new lease form will be issued in October 2011 and can be found at https://www.gomr.boemre.gov/ homepg/lsesale/218/wgom218.html. SUPPLEMENTARY INFORMATION: Dated: August 4, 2011. Michael R. Bromwich, Director, Bureau of Ocean Energy Management, Regulation and Enforcement. [FR Doc. 2011–21384 Filed 8–19–11; 8:45 am] BILLING CODE 4310–MR–P DEPARTMENT OF THE INTERIOR Bureau of Ocean Energy Management, Regulation and Enforcement Notice of Availability of the Proposed Notice of Sale (NOS) for Outer Continental Shelf (OCS) Oil and Gas Lease Sale 218 in the Western Planning Area (WPA) in the Gulf of Mexico (GOM) Bureau of Ocean Energy Management, Regulation and Enforcement (BOEMRE), Department of the Interior. ACTION: Notice of Availability of the Proposed NOS for Proposed Sale 218. AGENCY: BOEMRE announces the availability of the proposed NOS for proposed Sale 218 in the WPA. This Notice is published pursuant to 30 CFR 256.29(c) as a matter of information to the public. With regard to oil and gas leasing on the OCS, the Secretary of the Interior, pursuant to section 19 of the OCS Lands Act, provides the affected states the opportunity to review the proposed Notice. The proposed Notice sets forth the proposed terms and conditions of the sale, including minimum bids, royalty rates, and rentals. DATES: Comments on the size, timing, or location of proposed Sale 218 are due from the affected states within 60 days following their receipt of the proposed Notice. The final NOS will be published in the Federal Register at least 30 days prior to the date of bid opening. Bid opening is currently scheduled for December 14, 2011. jlentini on DSK4TPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 17:16 Aug 19, 2011 Jkt 223001 DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS–R5–ES–2011–N164; 50120–1112– 0000–F2] Application for an Incidental Take Permit for the Madison Cave Isopod From Dominion Virginia Power; LowEffect Habitat Conservation Plan Fish and Wildlife Service, Interior. ACTION: Notice of receipt of application. AGENCY: Pursuant to the Endangered Species Act (ESA) and the National Environmental Policy Act (NEPA), the U.S. Fish and Wildlife Service (Service or ‘‘we’’) announces the availability of an application for an Incidental Take Permit (ITP) and a proposed Low-Effect Habitat Conservation Plan (LEHCP) from Dominion Virginia Power for public review and comment. We received the permit application from Dominion Virginia Power for incidental take of the Madison Cave isopod during construction of a new natural gas-fired combined-cycle power station in Warren County, Virginia, extending over the next 9 years, until 2020. Our preliminary determination is that the Habitat Conservation Plan (HCP) qualifies as a low-effect plan under NEPA. To make this determination, we used our LEHCP Screening Form/ Environmental Action Statement (EAS), which is also available for review. We provide this notice to (1) seek public comments on the proposed HCP SUMMARY: PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 and application; (2) seek public comments on our preliminary determination that the HCP qualifies as a low-effect plan and is therefore eligible for a categorical exclusion under NEPA; and (3) advise other Federal and State agencies, affected Tribes, and the public of our intent to issue an ITP. DATES: The draft HCP and preliminary EAS are being made available during a 30-day public review period. To ensure consideration, we must receive your written comments by September 21, 2011. ADDRESSES: Send comments by U.S. mail to Sumalee Hoskin, U.S. Fish and Wildlife Service, Virginia Field Office, 6669 Short Lane, Gloucester, VA 23061; by fax at (804) 693–9032; or by electronic mail at sumalee_hoskin@fws.gov. In the subject line of your letter, fax, or electronic mail, include the document identifier ‘‘Warren County Power Station HCP.’’ FOR FURTHER INFORMATION CONTACT: Sumalee Hoskin, Fish and Wildlife Biologist, Virginia Field Office (VAFO) (see ADDRESSES); telephone (804) 693– 6694; electronic mail: sumalee_hoskin@fws.gov. SUPPLEMENTARY INFORMATION: We received a permit application from Dominion Virginia Power for incidental take of the federally listed Madison Cave isopod over the next 9 years during construction of a new natural gas-fired combined-cycle power station in Warren County, Virginia. A conservation program to minimize and mitigate for the incidental take would be implemented by Dominion Virginia Power as described in the proposed Dominion Virginia Power LEHCP. We prepared a preliminary EAS to comply with NEPA. The Service will evaluate whether the proposed action and issuance of an ITP to Dominion Virginia Power are adequate to support a categorical exclusion. This notice is provided pursuant to section 10(c) of the ESA and NEPA regulations (40 CFR 1506.6). We are requesting comments on the proposed HCP and our preliminary determination that the HCP qualifies as low-effect under NEPA. Availability of Documents The proposed LEHCP and preliminary EAS are available on the VAFO’s Web site at: https://www.fws.gov/northeast/ virginiafield/. Copies of the proposed LEHCP and preliminary EAS will be available for public review during regular business hours at the VAFO (see ADDRESSES). Those who do not have access to the Web site or cannot visit our office can request copies by E:\FR\FM\22AUN1.SGM 22AUN1 Federal Register / Vol. 76, No. 162 / Monday, August 22, 2011 / Notices jlentini on DSK4TPTVN1PROD with NOTICES telephone at (804) 693–6694 or by letter to the VAFO (see ADDRESSES). Background Section 9 of the ESA (16 U.S.C. 1531 et seq.) and its implementing regulations prohibit the ‘‘take’’ of animal species listed as endangered or threatened. Take is defined under the ESA as 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 ITPs for threatened and endangered species are found in the Code of Federal Regulations at 50 CFR 17.22 and 50 CFR 17.32, respectively. Dominion Virginia Power is seeking a permit for the incidental take of the federally listed threatened Madison Cave isopod during construction activities and post-construction monitoring period extending for a total term of 9 years, until 2020. Permit coverage does not include plant operational activities, as these are not anticipated to cause take of the Madison Cave isopod. Dominion Virginia Power proposes to construct a natural gas-fired combined-cycle power station that is anticipated to be one of the most efficient power plants in the nation once operational. Incidental take of the Madison Cave isopod may occur from disturbance of the subterranean karst, which is habitat the species occupies, during construction. Additional information can be found in the proposed LEHCP and on our Web site. The LEHCP’s proposed conservation strategy is designed to avoid, minimize, and mitigate the impacts of covered activities on the covered species. The biological goals and objectives are to protect high-quality habitat for a known Madison Cave isopod population. The Proposed Action consists of the issuance of an ITP and implementation of the proposed LEHCP. Three alternatives to the proposed action were considered in the LEHCP: A no-project alternative, alternative sites, and alternative construction procedures. These three alternatives were deemed impracticable by Dominion Virginia Power because of logical, law enforcement, and wildlife management reasons. The plant will be fueled by natural gas delivered to the site through gas pipelines regulated by the Federal Energy Regulatory Commission. These VerDate Mar<15>2010 17:16 Aug 19, 2011 Jkt 223001 pipelines are undergoing independent analysis under the ESA, NEPA, and other environmental regulations. National Environmental Policy Act We have made a preliminary determination that the Dominion Virginia Power’s proposed LEHCP, including the proposed avoidance, minimization, and mitigation measures, will have a minor or negligible effect on the species covered in the HCP, and that the HCP qualifies as a ‘‘low-effect’’ HCP as described in the U.S. Fish and Wildlife Service Habitat Conservation Planning Handbook (November 1996). As further explained in our preliminary EAS, included for public review, we preliminarily determine that the HCP qualifies as a LEHCP based on the following three reasons: 1. Implementation of the HCP would result in minor or negligible effects on federally listed, proposed, and candidate species and their habitats; 2. Implementation of the plan would result in minor or negligible effects on other environmental values or resources; and 3. Impacts of the plan, considered together with the impacts of other past, present, and reasonably foreseeable similarly situated projects, would not result, over time, in cumulative effects to environmental values or resources that would be considered significant. Based on these reasons, the incidental take permit also, therefore, qualifies for a categorical exclusion under NEPA, as provided by the Department of the Interior’s NEPA implementing regulations (43 CFR 46.205, 46.210 and 46.215) and the Departmental Manual (516 DM 2 Appendix 1 and 516 DM 8). Based on our review of public comments that we may receive in response to this notice, we may revise this preliminary determination. Next Steps We will evaluate the draft HCP and preliminary LEHCP Screening Form/ EAS and comments we receive to determine whether the permit application meets the requirements of section 10(a) of the ESA and qualifies as a ‘‘low-effect’’ HCP and for a categorical exclusion under NEPA. We will also evaluate whether issuance of a section 10(a)(1)(B) permit would comply with section 7 of the ESA by conducting an intra-Service section 7 consultation. We will use the results of this consultation, in combination with the above findings, in our final analysis to determine whether to issue an ITP. If the requirements are met, we will issue the ITP to the applicant. PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 52345 Public Comments The Service invites the public to comment on the proposed HCP and preliminary EAS during a 30-day public review period (see DATES). Comments can be submitted to VAFO (see ADDRESSES). All comments received, including names and addresses, will become part of the administrative record and may be made available to the public. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you may request at the top of your document that we withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Dated: August 10, 2011. Kenneth D. Elowe, Acting Regional Director, Northeast Region. [FR Doc. 2011–21425 Filed 8–19–11; 8:45 am] BILLING CODE 4310–55–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS–R8–FHC–2011–N168; 81331–1334– 8TWG–W4] Trinity Adaptive Management Working Group Fish and Wildlife Service, Interior. ACTION: Notice of meeting. AGENCY: The Trinity Adaptive Management Working Group (TAMWG) affords stakeholders the opportunity to give policy, management, and technical input concerning Trinity River (California) restoration efforts to the Trinity Management Council (TMC). The TMC interprets and recommends policy, coordinates and reviews management actions, and provides organizational budget oversight. This notice announces a TAMWG meeting, which is open to the public. DATES: TAMWG will meet from 10 a.m. to 5 p.m. on Monday, September 12, 2011. SUMMARY: The meeting will be held at the Trinity County Library, 351 Main Street, Weaverville, CA 96093. FOR FURTHER INFORMATION CONTACT: Meeting Information: Randy A. Brown, TAMWG Designated Federal Officer, U.S. Fish and Wildlife Service, 1655 Heindon Road, Arcata, CA 95521; telephone: (707) 822–7201. Trinity River ADDRESSES: E:\FR\FM\22AUN1.SGM 22AUN1

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[Federal Register Volume 76, Number 162 (Monday, August 22, 2011)]
[Notices]
[Pages 52344-52345]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-21425]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R5-ES-2011-N164; 50120-1112-0000-F2]


Application for an Incidental Take Permit for the Madison Cave 
Isopod From Dominion Virginia Power; Low-Effect Habitat Conservation 
Plan

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of receipt of application.

-----------------------------------------------------------------------

SUMMARY: Pursuant to the Endangered Species Act (ESA) and the National 
Environmental Policy Act (NEPA), the U.S. Fish and Wildlife Service 
(Service or ``we'') announces the availability of an application for an 
Incidental Take Permit (ITP) and a proposed Low-Effect Habitat 
Conservation Plan (LEHCP) from Dominion Virginia Power for public 
review and comment. We received the permit application from Dominion 
Virginia Power for incidental take of the Madison Cave isopod during 
construction of a new natural gas-fired combined-cycle power station in 
Warren County, Virginia, extending over the next 9 years, until 2020. 
Our preliminary determination is that the Habitat Conservation Plan 
(HCP) qualifies as a low-effect plan under NEPA. To make this 
determination, we used our LEHCP Screening Form/Environmental Action 
Statement (EAS), which is also available for review.
    We provide this notice to (1) seek public comments on the proposed 
HCP and application; (2) seek public comments on our preliminary 
determination that the HCP qualifies as a low-effect plan and is 
therefore eligible for a categorical exclusion under NEPA; and (3) 
advise other Federal and State agencies, affected Tribes, and the 
public of our intent to issue an ITP.

DATES: The draft HCP and preliminary EAS are being made available 
during a 30-day public review period. To ensure consideration, we must 
receive your written comments by September 21, 2011.

ADDRESSES: Send comments by U.S. mail to Sumalee Hoskin, U.S. Fish and 
Wildlife Service, Virginia Field Office, 6669 Short Lane, Gloucester, 
VA 23061; by fax at (804) 693-9032; or by electronic mail at sumalee_hoskin@fws.gov. In the subject line of your letter, fax, or electronic 
mail, include the document identifier ``Warren County Power Station 
HCP.''

FOR FURTHER INFORMATION CONTACT: Sumalee Hoskin, Fish and Wildlife 
Biologist, Virginia Field Office (VAFO) (see ADDRESSES); telephone 
(804) 693-6694; electronic mail: sumalee_hoskin@fws.gov.

SUPPLEMENTARY INFORMATION: We received a permit application from 
Dominion Virginia Power for incidental take of the federally listed 
Madison Cave isopod over the next 9 years during construction of a new 
natural gas-fired combined-cycle power station in Warren County, 
Virginia. A conservation program to minimize and mitigate for the 
incidental take would be implemented by Dominion Virginia Power as 
described in the proposed Dominion Virginia Power LEHCP.
    We prepared a preliminary EAS to comply with NEPA. The Service will 
evaluate whether the proposed action and issuance of an ITP to Dominion 
Virginia Power are adequate to support a categorical exclusion. This 
notice is provided pursuant to section 10(c) of the ESA and NEPA 
regulations (40 CFR 1506.6).
    We are requesting comments on the proposed HCP and our preliminary 
determination that the HCP qualifies as low-effect under NEPA.

Availability of Documents

    The proposed LEHCP and preliminary EAS are available on the VAFO's 
Web site at: https://www.fws.gov/northeast/virginiafield/. Copies of the 
proposed LEHCP and preliminary EAS will be available for public review 
during regular business hours at the VAFO (see ADDRESSES). Those who do 
not have access to the Web site or cannot visit our office can request 
copies by

[[Page 52345]]

telephone at (804) 693-6694 or by letter to the VAFO (see ADDRESSES).

Background

    Section 9 of the ESA (16 U.S.C. 1531 et seq.) and its implementing 
regulations prohibit the ``take'' of animal species listed as 
endangered or threatened. Take is defined under the ESA as 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 ITPs for threatened and endangered species are found in the 
Code of Federal Regulations at 50 CFR 17.22 and 50 CFR 17.32, 
respectively.
    Dominion Virginia Power is seeking a permit for the incidental take 
of the federally listed threatened Madison Cave isopod during 
construction activities and post-construction monitoring period 
extending for a total term of 9 years, until 2020. Permit coverage does 
not include plant operational activities, as these are not anticipated 
to cause take of the Madison Cave isopod. Dominion Virginia Power 
proposes to construct a natural gas-fired combined-cycle power station 
that is anticipated to be one of the most efficient power plants in the 
nation once operational. Incidental take of the Madison Cave isopod may 
occur from disturbance of the subterranean karst, which is habitat the 
species occupies, during construction. Additional information can be 
found in the proposed LEHCP and on our Web site.
    The LEHCP's proposed conservation strategy is designed to avoid, 
minimize, and mitigate the impacts of covered activities on the covered 
species. The biological goals and objectives are to protect high-
quality habitat for a known Madison Cave isopod population.
    The Proposed Action consists of the issuance of an ITP and 
implementation of the proposed LEHCP. Three alternatives to the 
proposed action were considered in the LEHCP: A no-project alternative, 
alternative sites, and alternative construction procedures. These three 
alternatives were deemed impracticable by Dominion Virginia Power 
because of logical, law enforcement, and wildlife management reasons.
    The plant will be fueled by natural gas delivered to the site 
through gas pipelines regulated by the Federal Energy Regulatory 
Commission. These pipelines are undergoing independent analysis under 
the ESA, NEPA, and other environmental regulations.

National Environmental Policy Act

    We have made a preliminary determination that the Dominion Virginia 
Power's proposed LEHCP, including the proposed avoidance, minimization, 
and mitigation measures, will have a minor or negligible effect on the 
species covered in the HCP, and that the HCP qualifies as a ``low-
effect'' HCP as described in the U.S. Fish and Wildlife Service Habitat 
Conservation Planning Handbook (November 1996).
    As further explained in our preliminary EAS, included for public 
review, we preliminarily determine that the HCP qualifies as a LEHCP 
based on the following three reasons:
    1. Implementation of the HCP would result in minor or negligible 
effects on federally listed, proposed, and candidate species and their 
habitats;
    2. Implementation of the plan would result in minor or negligible 
effects on other environmental values or resources; and
    3. Impacts of the plan, considered together with the impacts of 
other past, present, and reasonably foreseeable similarly situated 
projects, would not result, over time, in cumulative effects to 
environmental values or resources that would be considered significant.
    Based on these reasons, the incidental take permit also, therefore, 
qualifies for a categorical exclusion under NEPA, as provided by the 
Department of the Interior's NEPA implementing regulations (43 CFR 
46.205, 46.210 and 46.215) and the Departmental Manual (516 DM 2 
Appendix 1 and 516 DM 8). Based on our review of public comments that 
we may receive in response to this notice, we may revise this 
preliminary determination.

Next Steps

    We will evaluate the draft HCP and preliminary LEHCP Screening 
Form/EAS and comments we receive to determine whether the permit 
application meets the requirements of section 10(a) of the ESA and 
qualifies as a ``low-effect'' HCP and for a categorical exclusion under 
NEPA. We will also evaluate whether issuance of a section 10(a)(1)(B) 
permit would comply with section 7 of the ESA by conducting an intra-
Service section 7 consultation. We will use the results of this 
consultation, in combination with the above findings, in our final 
analysis to determine whether to issue an ITP. If the requirements are 
met, we will issue the ITP to the applicant.

Public Comments

    The Service invites the public to comment on the proposed HCP and 
preliminary EAS during a 30-day public review period (see DATES). 
Comments can be submitted to VAFO (see ADDRESSES). All comments 
received, including names and addresses, will become part of the 
administrative record and may be made available to the public. Before 
including your address, phone number, email address, or other personal 
identifying information in your comment, you should be aware that your 
entire comment--including your personal identifying information--may be 
made publicly available at any time. While you may request at the top 
of your document that we withhold your personal identifying information 
from public review, we cannot guarantee that we will be able to do so.

    Dated: August 10, 2011.
Kenneth D. Elowe,
Acting Regional Director, Northeast Region.
[FR Doc. 2011-21425 Filed 8-19-11; 8:45 am]
BILLING CODE 4310-55-P

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