Draft Environmental Assessment and Draft Habitat Conservation Plan for TransCanada Keystone Pipeline's Gulf Coast Project in Oklahoma, 49824-49825 [2012-20349]

Download as PDF 49824 Federal Register / Vol. 77, No. 160 / Friday, August 17, 2012 / Notices call the toll-free Title V information line at 1–800–927–7588. SUPPLEMENTARY INFORMATION: In accordance with 24 CFR part 581 and section 501 of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11411), as amended, HUD publishes a weekly notice in the Federal Register listing Federal buildings and other real property that HUD has reviewed for suitability for use to assist the homeless. The properties are reviewed using information provided to HUD by Federal landholding agencies regarding unutilized and underutilized buildings and real property controlled by such agencies or by GSA regarding its inventory of excess or surplus Federal property. HUD’s weekly notice is also published in order to comply with the December 12, 1988 Court Order in National Coalition for the Homeless v. Veterans Administration, No. 88–2503– OG (D.D.C.). Dated: August 9, 2012. Ann Marie Oliva, Deputy Assistant Secretary for Special Needs (Acting). [FR Doc. 2012–20191 Filed 8–16–12; 8:45 am] BILLING CODE 4210–67–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS–R2–ES–2012–N184; FXES11120200000F2–123–FF02ENEH00] Draft Environmental Assessment and Draft Habitat Conservation Plan for TransCanada Keystone Pipeline’s Gulf Coast Project in Oklahoma Fish and Wildlife Service, Interior. ACTION: Notice of availability; request for comment. AGENCY: We, the U.S. Fish and Wildlife Service, announce the availability of the draft Environmental Assessment and draft Habitat Conservation Plan for TransCanada Keystone Pipeline’s (Keystone) Gulf Coast Project in Oklahoma, under the National Environmental Policy Act of 1969. Keystone has applied for an incidental take permit under the Endangered Species Act, that would authorize incidental take of the American burying beetle. DATES: To ensure consideration of your written comments, we must receive them on or before close of business (4:30 p.m. CST) on September 17, 2012. ADDRESSES: To obtain documents for review, see Reviewing Documents in SUPPLEMENTARY INFORMATION. erowe on DSK2VPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 15:13 Aug 16, 2012 Jkt 226001 Comments concerning the application, the draft Environmental Assessment (DEA), or the draft Habitat Conservation Plan (DHCP) should be submitted in writing, by one of the following methods: Email: Keystone_HCP_OK@fws.gov; or U.S. mail: Field Supervisor, Oklahoma Ecological Services Field Office, U.S. Fish and Wildlife Service, 9014 E. 21st St., Tulsa, OK 74129. Please refer to Permit number TE80492A–0 when submitting comments. Please specify if comments are in reference to the DEA, DHCP, or both. FOR FURTHER INFORMATION CONTACT: Dr. Dixie Porter, at the U.S. Fish and Wildlife Service, Oklahoma Ecological Services Field Office, 9014 E. 21st St., Tulsa, OK 74129, or by phone at 918– 581–7458. SUPPLEMENTARY INFORMATION: Under the National Environmental Policy Act (NEPA), we advise the public that: 1. We have gathered the information necessary to determine impacts and formulate alternatives for the DEA related to the potential issuance of an incidental take permit (ITP) to TransCanada Keystone Pipeline, LP (applicant, Keystone); and 2. The applicant has developed a DHCP as part of the application for an ITP (TE80492A–0), which describes the measures Keystone has agreed to undertake to minimize and mitigate the effects of incidental take of the federally listed American burying beetle (Nicrophorus americanus; ABB) to the maximum extent practicable, pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The requested ITP, which would be in effect for a period of 50 years if granted, would authorize incidental take of the ABB (covered species) resulting from activities associated with construction, maintenance, operation, and repair (both routine and emergency) of Keystone’s Gulf Coast Project and associated activities (covered activities). As described in the DHCP, the proposed incidental take would occur within the ABB’s range in Oklahoma as identified by the Service, which includes portions of Creek, Okfuskee, Seminole, Hughes, Coal, Atoka, and Bryan Counties, Oklahoma (permit area). The DEA considers the direct, indirect, and cumulative effects of the proposed action of permit issuance, including the measures that would be implemented to minimize and mitigate such impacts to the maximum extent practicable. Background The Keystone XL Pipeline Project was previously proposed by TransCanada, PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 with a request for a Presidential Permit. The U.S. Department of State (DOS) published a notice of intent (NOI) to prepare an environmental impact statement in the Federal Register on January 28, 2009 (74 FR 5019), and public scoping meetings were conducted in connection with the applicant’s requested Presidential Permit. The proposed Keystone XL Pipeline Project extended from Canada to the Gulf Coast. A draft environmental impact statement was prepared by the DOS [EIS No. 20110290, Final EIS, DOS] for the Keystone XL Pipeline Project. The Environmental Protection Agency (EPA) published a notice of availability of the Draft Environmental Impact Statement on April 20, 2010 (75 FR 51458). On August 26, 2011, the DOS published a notice of availability (76 FR 53525) of the final EIS and announced public meetings to solicit comments for the Secretary of State’s (or her designee) consideration of the Keystone XL Pipeline with a notice that no decision would be made until the completion of a thorough review process. The EPA published its notice of availability of the final EIS in the Federal Register on September 2, 2011 (76 FR 54767). A Presidential Memorandum dated February 1, 2012, directed the Department of State to issue a denial of the Keystone XL Pipeline Presidential Permit application (77 FR 5614; February 3, 2012). Keystone continued to develop the Gulf Coast portion of the project, including working with the Service towards the development of an HCP for the ABB. The Gulf Coast Project in this HCP follows the same route as the previously proposed Keystone XL’s Gulf Coast Segment. Because the majority of impacts were previously analyzed in the final EIS developed for the Keystone XL pipeline project, a DEA, that includes the analysis from that EIS by reference, has been prepared in response to the application for an ITP for the ABB. Proposed Action The proposed action involves the issuance of an ITP by the Service for incidental take of the ABB associated with the construction, maintenance, operation, and repair of the pipeline and associated facilities occurring within the permit area. To meet the requirements of a section 10(a)(1)(B) ITP, the applicant has developed and proposes to implement its DHCP, which describes the conservation measures TransCanada has agreed to undertake to minimize and mitigate for the impacts of the proposed incidental take of the covered species to the maximum extent practicable, and ensures that incidental E:\FR\FM\17AUN1.SGM 17AUN1 Federal Register / Vol. 77, No. 160 / Friday, August 17, 2012 / Notices take will not appreciably reduce the likelihood of the survival and recovery of the ABB in the wild. Other Alternatives Considered Our proposed action is approving the applicant’s DHCP and issuance of an ITP for take associated with the applicant’s covered activities. As required by NEPA, the DEA considers the consequences to the human environmental of the proposed HCP and two alternatives; the No Action Alternative and a Reduced Permit Duration Alternative. Under the No Action Alternative, Keystone would not apply for and we would not issue an ITP. The No-Action Alternative does not meet Keystone’s need for take authorization and would not provide any conservation benefits for the ABB. Under the Reduced Permit Duration Alternative, the applicant would employ the same avoidance and minimization measures described under the Proposed Alternative, but they would pursue an ITP only for construction and restoration activities, not to exceed 5 years. This alternative would not meet Keystone’s need for incidental take authorization for operation and maintenance activities post-construction. Additionally, this alternative provides less conservation benefit for the covered species than would the Proposed Action. 1306, Room 6034, Albuquerque, NM 87103. Persons wishing to review the Keystone XL Pipeline Project final EIS may obtain a copy from the Department of State’s Web site at: https://keystonepipeline-xl. state.gov/archive/dos_docs/feis/index. htm. Public Availability of Comments All comments we receive become part of the public record. Requests for copies of comments will be handled in accordance with the Freedom of Information Act, NEPA, and Service and Department of the Interior policies and procedures. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us to withhold your personal identifying information from public review, we cannot guarantee we will be able to do so. We will not consider anonymous comments. All submissions from organizations or businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, will be made available for public disclosure in their entirety. erowe on DSK2VPTVN1PROD with NOTICES Reviewing Documents Authority You may obtain copies of the DEA and DHCP on the Service’s Web site at https://www.fws.gov/southwest/es/ Oklahoma/. Alternatively, you may obtain CD– ROMs with electronic copies of these documents by writing to Dr. Dixie Porter, Field Supervisor, U.S. Fish and Wildlife Service, 9014 E. 21st St., Tulsa, OK 74129; calling 918–581–7458; or faxing 918–581–7467. A limited number of printed copies of the DEA and DHCP are also available, by request, from Dr. Porter. Copies of the DEA and DHCP are also available for public inspection and review by appointment only, during normal business hours (8 a.m. to 4:30 p.m. CST) at the following locations: • Department of the Interior, Natural Resources Library, 1849 C. St. NW., Washington, DC 20240; • U.S. Fish and Wildlife Service, 500 Gold Avenue SW., Room 6034, Albuquerque, NM 87102; and • U.S. Fish and Wildlife Service, 9014 E. 21st St., Tulsa, OK 74129. Persons wishing to review the application may obtain a copy by writing to the Regional Director, U.S. Fish and Wildlife Service, P.O. Box We provide this notice under section 10(c) of the Act (16 U.S.C. 1531 et seq.) and its implementing regulations (50 CFR 17.22 and 17.32), and the National Environmental Policy Act (42 U.S.C. 4371 et seq.) and its implementing regulations (40 CFR 1506.6). VerDate Mar<15>2010 15:13 Aug 16, 2012 Jkt 226001 Joy E. Nicholopoulos, Acting Regional Director, Southwest Region, Albuquerque, New Mexico. [FR Doc. 2012–20349 Filed 8–16–12; 8:45 am] BILLING CODE 4310–55–P DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLWYD03000.L51100000. GN0000.LVEMK10CW580–WYW–166318] Notice of Availability of the Final Environmental Impact Statement for the Lost Creek Uranium In Situ Recovery Project in Sweetwater County, WY Bureau of Land Management, Interior. ACTION: Notice of availability. AGENCY: PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 49825 In accordance with the National Environmental Policy Act of 1969, as amended, and the Federal Land Policy and Management Act of 1976, as amended, the Bureau of Land Management (BLM) has prepared a Final Environmental Impact Statement (EIS) for the Lost Creek Uranium In Situ Recovery (ISR) Project and by this notice is announcing its availability. DATES: The BLM will not issue a final decision on the proposal for a minimum of 30 days from the date that the Environmental Protection Agency publishes this notice in the Federal Register. ADDRESSES: Copies of the Lost Creek Uranium ISR Project Final EIS are available for public inspection at: • Bureau of Land Management, Wyoming State Office, 5353 Yellowstone Road, Cheyenne, Wyoming 82009; • Bureau of Land Management, High Desert District Office, 280 Highway 191 North, Rock Springs, Wyoming 82901; • Bureau of Land Management, Rawlins Field Office, 1300 N. Third Street, Rawlins, Wyoming 82301; and • Bureau of Land Management, Lander Field Office, 1335 Main Street, Lander, Wyoming 82520. Interested persons may also review the Final EIS on the Internet at: https://www.blm.gov/wy/st/en/info/ NEPA/documents/rfo/lostcreek.html. FOR FURTHER INFORMATION CONTACT: John Russell, Project Manager, telephone: 307–328–4252; address: Bureau of Land Management, Rawlins Field Office, 1300 N. Third Street, P.O. Box 2407, Rawlins, Wyoming 82301; email: Lost_Crk_Mine_WY@blm.gov. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1– 800–877–8339 to contact the above individual during normal business hours. The FIRS is available 24 hours a day, 7 days a week, to leave a message or question with the above-named individual. You will receive a reply during normal business hours. SUPPLEMENTARY INFORMATION: Development of Federal locatable minerals by private industry is part of the BLM’s mineral program under the authority of 43 CFR 3800. The applicant, Lost Creek ISR, LLC (Lost Creek), has filed a plan of operations pursuant to the 43 CFR 3809 regulations to construct a uranium ore recovery plant, an access road to the site, and a pipeline system for the flow of oxidizing leach solution to injection wells and the return of fluids from recovery wells to the recovery plant site; to drill injection, recovery and monitoring wells; and to SUMMARY: E:\FR\FM\17AUN1.SGM 17AUN1

Agencies

[Federal Register Volume 77, Number 160 (Friday, August 17, 2012)]
[Notices]
[Pages 49824-49825]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-20349]


=======================================================================
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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R2-ES-2012-N184; FXES11120200000F2-123-FF02ENEH00]


Draft Environmental Assessment and Draft Habitat Conservation 
Plan for TransCanada Keystone Pipeline's Gulf Coast Project in Oklahoma

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comment.

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

SUMMARY: We, the U.S. Fish and Wildlife Service, announce the 
availability of the draft Environmental Assessment and draft Habitat 
Conservation Plan for TransCanada Keystone Pipeline's (Keystone) Gulf 
Coast Project in Oklahoma, under the National Environmental Policy Act 
of 1969. Keystone has applied for an incidental take permit under the 
Endangered Species Act, that would authorize incidental take of the 
American burying beetle.

DATES: To ensure consideration of your written comments, we must 
receive them on or before close of business (4:30 p.m. CST) on 
September 17, 2012.

ADDRESSES: To obtain documents for review, see Reviewing Documents in 
SUPPLEMENTARY INFORMATION.
    Comments concerning the application, the draft Environmental 
Assessment (DEA), or the draft Habitat Conservation Plan (DHCP) should 
be submitted in writing, by one of the following methods:
    Email: Keystone_HCP_OK@fws.gov; or
    U.S. mail: Field Supervisor, Oklahoma Ecological Services Field 
Office, U.S. Fish and Wildlife Service, 9014 E. 21st St., Tulsa, OK 
74129.
    Please refer to Permit number TE80492A-0 when submitting comments. 
Please specify if comments are in reference to the DEA, DHCP, or both.

FOR FURTHER INFORMATION CONTACT: Dr. Dixie Porter, at the U.S. Fish and 
Wildlife Service, Oklahoma Ecological Services Field Office, 9014 E. 
21st St., Tulsa, OK 74129, or by phone at 918-581-7458.

SUPPLEMENTARY INFORMATION: Under the National Environmental Policy Act 
(NEPA), we advise the public that:
    1. We have gathered the information necessary to determine impacts 
and formulate alternatives for the DEA related to the potential 
issuance of an incidental take permit (ITP) to TransCanada Keystone 
Pipeline, LP (applicant, Keystone); and
    2. The applicant has developed a DHCP as part of the application 
for an ITP (TE80492A-0), which describes the measures Keystone has 
agreed to undertake to minimize and mitigate the effects of incidental 
take of the federally listed American burying beetle (Nicrophorus 
americanus; ABB) to the maximum extent practicable, pursuant to section 
10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). 
The requested ITP, which would be in effect for a period of 50 years if 
granted, would authorize incidental take of the ABB (covered species) 
resulting from activities associated with construction, maintenance, 
operation, and repair (both routine and emergency) of Keystone's Gulf 
Coast Project and associated activities (covered activities). As 
described in the DHCP, the proposed incidental take would occur within 
the ABB's range in Oklahoma as identified by the Service, which 
includes portions of Creek, Okfuskee, Seminole, Hughes, Coal, Atoka, 
and Bryan Counties, Oklahoma (permit area). The DEA considers the 
direct, indirect, and cumulative effects of the proposed action of 
permit issuance, including the measures that would be implemented to 
minimize and mitigate such impacts to the maximum extent practicable.

Background

    The Keystone XL Pipeline Project was previously proposed by 
TransCanada, with a request for a Presidential Permit. The U.S. 
Department of State (DOS) published a notice of intent (NOI) to prepare 
an environmental impact statement in the Federal Register on January 
28, 2009 (74 FR 5019), and public scoping meetings were conducted in 
connection with the applicant's requested Presidential Permit. The 
proposed Keystone XL Pipeline Project extended from Canada to the Gulf 
Coast. A draft environmental impact statement was prepared by the DOS 
[EIS No. 20110290, Final EIS, DOS] for the Keystone XL Pipeline 
Project. The Environmental Protection Agency (EPA) published a notice 
of availability of the Draft Environmental Impact Statement on April 
20, 2010 (75 FR 51458). On August 26, 2011, the DOS published a notice 
of availability (76 FR 53525) of the final EIS and announced public 
meetings to solicit comments for the Secretary of State's (or her 
designee) consideration of the Keystone XL Pipeline with a notice that 
no decision would be made until the completion of a thorough review 
process. The EPA published its notice of availability of the final EIS 
in the Federal Register on September 2, 2011 (76 FR 54767). A 
Presidential Memorandum dated February 1, 2012, directed the Department 
of State to issue a denial of the Keystone XL Pipeline Presidential 
Permit application (77 FR 5614; February 3, 2012).
    Keystone continued to develop the Gulf Coast portion of the 
project, including working with the Service towards the development of 
an HCP for the ABB. The Gulf Coast Project in this HCP follows the same 
route as the previously proposed Keystone XL's Gulf Coast Segment. 
Because the majority of impacts were previously analyzed in the final 
EIS developed for the Keystone XL pipeline project, a DEA, that 
includes the analysis from that EIS by reference, has been prepared in 
response to the application for an ITP for the ABB.

Proposed Action

    The proposed action involves the issuance of an ITP by the Service 
for incidental take of the ABB associated with the construction, 
maintenance, operation, and repair of the pipeline and associated 
facilities occurring within the permit area. To meet the requirements 
of a section 10(a)(1)(B) ITP, the applicant has developed and proposes 
to implement its DHCP, which describes the conservation measures 
TransCanada has agreed to undertake to minimize and mitigate for the 
impacts of the proposed incidental take of the covered species to the 
maximum extent practicable, and ensures that incidental

[[Page 49825]]

take will not appreciably reduce the likelihood of the survival and 
recovery of the ABB in the wild.

Other Alternatives Considered

    Our proposed action is approving the applicant's DHCP and issuance 
of an ITP for take associated with the applicant's covered activities. 
As required by NEPA, the DEA considers the consequences to the human 
environmental of the proposed HCP and two alternatives; the No Action 
Alternative and a Reduced Permit Duration Alternative. Under the No 
Action Alternative, Keystone would not apply for and we would not issue 
an ITP. The No-Action Alternative does not meet Keystone's need for 
take authorization and would not provide any conservation benefits for 
the ABB.
    Under the Reduced Permit Duration Alternative, the applicant would 
employ the same avoidance and minimization measures described under the 
Proposed Alternative, but they would pursue an ITP only for 
construction and restoration activities, not to exceed 5 years. This 
alternative would not meet Keystone's need for incidental take 
authorization for operation and maintenance activities post-
construction. Additionally, this alternative provides less conservation 
benefit for the covered species than would the Proposed Action.

Reviewing Documents

    You may obtain copies of the DEA and DHCP on the Service's Web site 
at https://www.fws.gov/southwest/es/Oklahoma/.
    Alternatively, you may obtain CD-ROMs with electronic copies of 
these documents by writing to Dr. Dixie Porter, Field Supervisor, U.S. 
Fish and Wildlife Service, 9014 E. 21st St., Tulsa, OK 74129; calling 
918-581-7458; or faxing 918-581-7467. A limited number of printed 
copies of the DEA and DHCP are also available, by request, from Dr. 
Porter. Copies of the DEA and DHCP are also available for public 
inspection and review by appointment only, during normal business hours 
(8 a.m. to 4:30 p.m. CST) at the following locations:
     Department of the Interior, Natural Resources Library, 
1849 C. St. NW., Washington, DC 20240;
     U.S. Fish and Wildlife Service, 500 Gold Avenue SW., Room 
6034, Albuquerque, NM 87102; and
     U.S. Fish and Wildlife Service, 9014 E. 21st St., Tulsa, 
OK 74129.
    Persons wishing to review the application may obtain a copy by 
writing to the Regional Director, U.S. Fish and Wildlife Service, P.O. 
Box 1306, Room 6034, Albuquerque, NM 87103.

Persons wishing to review the Keystone XL Pipeline Project final EIS 
may obtain a copy from the Department of State's Web site at: https://keystonepipeline-xl.state.gov/archive/dos_docs/feis/index.htm.

Public Availability of Comments

    All comments we receive become part of the public record. Requests 
for copies of comments will be handled in accordance with the Freedom 
of Information Act, NEPA, and Service and Department of the Interior 
policies and procedures. Before including your address, phone number, 
email address, or other personal identifying information in your 
comment, you should be aware that your entire comment--including your 
personal identifying information--may be made publicly available at any 
time. While you can ask us to withhold your personal identifying 
information from public review, we cannot guarantee we will be able to 
do so. We will not consider anonymous comments. All submissions from 
organizations or businesses, and from individuals identifying 
themselves as representatives or officials of organizations or 
businesses, will be made available for public disclosure in their 
entirety.

Authority

    We provide this notice under section 10(c) of the Act (16 U.S.C. 
1531 et seq.) and its implementing regulations (50 CFR 17.22 and 
17.32), and the National Environmental Policy Act (42 U.S.C. 4371 et 
seq.) and its implementing regulations (40 CFR 1506.6).

Joy E. Nicholopoulos,
Acting Regional Director, Southwest Region, Albuquerque, New Mexico.
[FR Doc. 2012-20349 Filed 8-16-12; 8:45 am]
BILLING CODE 4310-55-P
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