Final Environmental Impact Statement, Habitat Conservation Plan, Implementing Agreement, and Programmatic Agreement, Fowler Ridge Wind Farm, Benton County, Indiana, 3224-3225 [2014-00609]

Download as PDF 3224 Federal Register / Vol. 79, No. 12 / Friday, January 17, 2014 / Notices DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS–R3–ES–2013–0032; FXES11120300000F2–134–FF03E00000] Final Environmental Impact Statement, Habitat Conservation Plan, Implementing Agreement, and Programmatic Agreement, Fowler Ridge Wind Farm, Benton County, Indiana Fish and Wildlife Service, Interior. ACTION: Notice of availability AGENCY: Under the National Environmental Policy Act (NEPA), the U.S. Fish and Wildlife Service (Service) is advising the public of the availability of the final Environmental Impact Statement (FEIS) associated with an application received from Fowler Ridge Wind Farm LLC, Fowler Ridge II Wind Farm LLC, Fowler Ridge III Wind Farm LLC, and Fowler Ridge IV Wind Farm LLC, collectively referred to as Fowler Ridge (applicant), for an incidental take permit (permit) pursuant to the Endangered Species Act of 1973, as amended (ESA). We also announce the availability of the final Fowler Ridge Wind Farm (FRWF; project) Habitat Conservation Plan (HCP), prepared in accordance with the ESA, and the availability of a final Programmatic Agreement (PA) to address the National Historic Preservation Act (NHPA) and its implementing regulations, ‘‘Protection of Historic Properties.’’ Fowler Ridge submitted the HCP, as well as a proposed Implementing Agreement (IA), as part of its incidental take permit application. If issued, the permit would authorize incidental take of the federally endangered Indiana bat (Myotis sodalis) from operation of Phases I–IV of the project. Fowler Ridge is requesting a 21-year permit term. The Service is furnishing this notice to allow other agencies and the public an opportunity to review these documents. For locations to review the documents, please see the Availability of Documents section below. DATES: The Service’s decision on issuance of the permit will occur no sooner than 30 days after the publication of the Environmental Protection Agency notice of the FEIS in the Federal Register and will be documented in a Record of Decision February 18, 2014. ADDRESSES: Document availability: • Internet: You may obtain copies of the documents on the Internet at https:// www.regulations.gov [FWS–R3–ES– 2013–0032] or https://www.fws.gov/ emcdonald on DSK67QTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 17:00 Jan 16, 2014 Jkt 232001 midwest/endangered/permits/hcp/ r3hcps.html. • U.S. Mail: You can obtain an electronic copy of the documents by mail from the Ecological Services Office in the Midwest Regional Office (see FOR FURTHER INFORMATION CONTACT). • In-Person: To view hard copies of the documents in person, go to the Ecological Services Office (8 a.m. to 4 p.m.) listed under FOR FURTHER INFORMATION CONTACT, or to one of the following libraries during normal business hours: Benton County Public Library, (765) 884 –1720, 102 N. Van Buren Avenue, Fowler, IN 47944; or Otterbein Public Library (www.otterbeinpubliclibrary.org), (765) 583–2107, 23 E. 1st Street, Otterbein, IN 47970. FOR FURTHER INFORMATION CONTACT: Scott Pruitt, Field Supervisor, Bloomington, Indiana, Ecological Services Field Office, U.S. Fish and Wildlife Service, 620 South Walker Street, Bloomington, IN 47403; telephone: (812) 334–4261, extension 214; or Rick Amidon, Fish and Wildlife Biologist, Ecological Services, Midwest Regional Office, U.S. Fish and Wildlife Service, 5600 American Blvd. West, Suite 990, Bloomington, MN 55437– 1458; telephone: (612) 713–5164. SUPPLEMENTARY INFORMATION: Background We have received an application from Fowler Ridge Wind Farm LLC, Fowler Ridge II Wind Farm LLC, Fowler Ridge III Wind Farm LLC, and Fowler Ridge IV Wind Farm LLC, collectively referred to as Fowler Ridge, for an incidental take permit (TE95012A) under the ESA (16 U.S.C. 1531 et seq.). If approved, the permit would be for a 21-year period and would authorize incidental take of the endangered Indiana bat (Myotis sodalis). The applicant has prepared an HCP that covers the operation of Phases I–IV of the project. The project consists of a wind-powered electric generation facility located in an approximately 72,947-acre area (the project area including a one-half-mile buffer around the outside turbines) in Benton County, Indiana. The HCP describes the following: (1) Biological goals and objectives of the HCP; (2) covered activities; (3) permit duration; (4) project area; (5) alternatives to the taking that were considered; (5) public participation; (6) life history of the Indiana bat; (6) quantification of the take for which authorization is requested; (7) assessment of direct and indirect effects of the taking on the Indiana bat within the Midwest PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 Recovery Unit (as delineated in the 2007 Indiana Bat Draft Recovery Plan, Service) and range-wide; (8) a conservation program consisting of avoidance and minimization measures, mitigation, monitoring, and adaptive management; (9) funding for implementation of the HCP; (10) procedures to deal with changed and unforeseen circumstances; and (11) methods for permit amendments. In addition to the HCP, the applicant has prepared an IA to document the responsibilities of the parties. Pursuant to the NHPA (16 U.S.C. 470, 470f), the Service has initiated Section 106 consultation with the Indiana State Historic Preservation Office regarding the construction of turbines under Phase IV of the FRWF project and the implementation of mitigation projects in accordance with the terms of the HCP. Sites have not been selected for the Phase IV turbines or for any required mitigation. Therefore, future efforts will be required to identify archaeological sites that may be adversely affected by the construction of Phase IV turbines and implementation of mitigation. Following siting of the Phase IV turbines and location of mitigation sites, archaeological surveys will be conducted, with plans and reports submitted to the Indiana State Historic Preservation Office for review. The PA between the Service, Fowler Ridge, and the Indiana State Historic Preservation Office describes the process for conducting the surveys, evaluating the results of the surveys, and determining if resources can be avoided or if additional surveys or mitigation are necessary before the Section 106 process is completed. The final PA will be signed prior to issuance of the EIS Record of Decision. The Section 106 process will be completed and a memorandum of agreement signed prior to construction or mitigation beginning. Public Involvement The Service formally initiated public scoping and an environmental review of the project through publication of a Notice of Intent to prepare an Environmental Impact Statement in the Federal Register on May 25, 2011 (76 FR 30384–30386). Utilizing the public scoping comments, the Service prepared a draft EIS to analyze the effects of the alternatives on the human environment. The draft EIS was released for a 60-day public comment on April 5, 2013 (78 FR 20690–20692). A public meeting was held on April 18, 2013, at the Benton County Government Annex, 410 South Adeway, Suite A, Fowler, IN to solicit additional input from the public on the E:\FR\FM\17JAN1.SGM 17JAN1 Federal Register / Vol. 79, No. 12 / Friday, January 17, 2014 / Notices HCP and Draft EIS. The official comment period ended on June 4, 2013. Authority We provide this notice under section 10(c) of the ESA (16 U.S.C. 1531, 1539(c)) and its implementing regulations (50 CFR 17.22), NEPA (42 U.S.C. 4321 et seq.) and its implementing regulations (40 CFR 1506.6; 43 CFR Part 46), and Section 106 of the NHPA (16 U.S.C. 470, 470f) and its implementing regulations (36 CFR Part 800). We will evaluate the application, associated documents, and comments submitted to determine whether the application meets the requirements of section 10(a) of the ESA. A permit decision will be made no sooner than 30 days after the publication of the EPA’s FEIS notice in the Federal Register and completion of the Record of Decision. If we determine that all requirements are met, we will issue an incidental take permit under section 10(a)(1)(B) of the ESA to Fowler Ridge for take of the Indiana bat, incidental to otherwise lawful activities in accordance with the HCP, the IA, and the permit. Dated: February 11, 2013. Lynn Lewis, Assistant Regional Director, Ecological Services, Midwest Region. [FR Doc. 2014–00609 Filed 1–16–14; 8:45 am] BILLING CODE 4310–55–P DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs [134A2100DDD/AAK3003000/A0H501010/ 241A00] Indian Child Welfare Act; Designated Tribal Agents for Service of Notice Bureau of Indians Affairs, Interior. ACTION: Notice. AGENCY: The regulations implementing the Indian Child Welfare Act provide that Indian tribes may designate an agent other than the tribal chairman for service of notice of proceedings under the Act. This notice includes the current list of designated tribal agents for service of notice. FOR FURTHER INFORMATION CONTACT: Chief, Division of Human Services, 1849 C Street NW., Mail Stop 4513–MIB, Washington, DC 20240; Telephone: (202) 513–7622. SUPPLEMENTARY INFORMATION: The regulations implementing the Indian Child Welfare Act, 25 U.S.C. 1901 et seq., provide that Indian tribes may emcdonald on DSK67QTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 17:00 Jan 16, 2014 Jkt 232001 designate an agent other than the tribal chairman for service of notice of proceedings under the Act. See 25 CFR 23.12. The Secretary of the Interior is required to publish in the Federal Register on an annual basis the names and addresses of the designated tribal agents. This notice is published in exercise of authority delegated by the Secretary of the Interior to the Principal Deputy Assistant Secretary—Indian Affairs by 209 DM 8. A. List of Regions 1. Alaska Region 2. Eastern Region 3. Eastern Oklahoma Region 4. Great Plains Region 5. Midwest Region 6. Navajo Region 7. Northwest Region 8. Pacific Region 9. Rocky Mountain Region 10. Southern Plains Region 11. Southwest Region 12. Western Region B. List of Designated Tribal Agents by Region 1. Alaska Region—2013 Alaska Region Alaska Region Director, P.O. Box 21647, Juneau, AK 99802–5520; Phone: (907) 586– 7611; Fax: (907) 586–7037 A Afognak, Native Village of, Denise Malutin, ICWA Worker, 323 Carolyn Street Kodiak, AK 99615; Phone: (907) 486–6357; Fax: (907) 486–6529; Email: denise@afognak.org Agdaagux Tribe of King Cove, Tara Bourdukofsky, M.S., Human Services Director, Aleutian/Pribilof Islands Association, 1131 East International Airport Road, Anchorage, AK 99518–1408; Phone: (907) 276–2700; Toll-Free: 1–800– 478–2742; Fax: (907) 222–9735; Email: taralb@apiai.org Akhiok, Native Village of, Cassie Hickey, ICWA Coordinator, 3449 Rezanof Drive East, Kodiak, AK 99615; Phone: (907) 486– 9882; Fax: (907) 486–1410; Email: cassie.hickey@kanaweb.org; and James Tucker; Phone: 907–836–2205; Fax: 907– 836–2345; Email: james.tucker@ kanaweb.org Akiachak Native Community, Georgianne Wassilie, ICWA Worker and Brian Henry, Business Manager, P.O. Box 51070, Akiachak, AK 99551; Phone: (907) 4626/ 4615; Fax: (907) 825–4029 2227; and Cheryl Offt, ICWA Director, Association of Village Council Presidents, P.O. Box 219, Bethel, AK 99559; Phone: (907) 543–7400; Fax: (907) 543–5759; Email: cofft@avcp.org Akiak Native Community, Sheila Williams, Tribal Administrator, P.O. Box 52127, Akiak, AK 99552; Phone: (907) 765–7117; Fax: (907) 765–7512 Akutan, Native Village of, Tara Bourdukofsky, M.S., Human Services Director, Aleutian/Pribilof Islands Association, 1131 East International Airport Road, Anchorage, AK 99518–1408; PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 3225 Phone: (907) 276–2700; Toll-Free: 1–800– 478–2742; Fax: (907) 222–9735; Email: taralb@apiai.org Alakanuk, Village of, Charlene Striling, ICWA Worker, Box 149, Alakanuk, AK 99554; Phone: (907) 238–3704; Fax: (907) 238–3705; Email: csmith@avcp.org; and Cheryl Offt, ICWA Director, Association of Village Council Presidents, P.O. Box 219, Bethel, AK 99559; Phone: (907) 543–7400; Fax: (907) 543–5759; Email: cofft@avcp.org Alatna Village, Catherine Henzie, Tribal Family Youth Specialist, P.O. Box 70, Allakaket, AK 99720; Phone: (907) 968– 2261; Fax: (907) 968–2305; and Tanana Chiefs Conference, Legal Department, 122 First Avenue, Suite 600, Fairbanks, AK 99701; Phone: (907) 452–8251, Ext. 3178; Fax: (907) 459–3953 Aleknagik, Native Village of, Jane Gottschalk, Caseworker II, P.O. Box 115, Aleknagik, AK 99555; Phone: (907) 842–4577; Fax: (907) 842–2229; and Bristol Bay Native Association, Children’s Services Program Manager, P.O. Box 310, 1500 Kanakanak Road, Dillingham, AK 99576; Phone: (907) 842–4139; Fax: (907) 842–4106; Email: cnixon@bbna.com Algaaciq Native Village, Theresa Kelly, Box 48, St. Mary’s, AK 99658; Phone: (907) 438–2335; Fax: (907) 438–2227; and Cheryl Offt, ICWA Director, Association of Village Council Presidents, P.O. Box 219, Bethel, AK 99559; Phone: (907) 543–7400; Fax: (907) 543–5759; Email: cofft@avcp.org Allakaket Village, Melanie Wholecheese, Tribal Family Youth Specialist, P.O. Box 50, Allakaket, AK 99720; Phone: (907) 968– 2337; Fax: (907) 968–2233; and Tanana Chiefs Conference, Legal Department, 122 First Avenue, Suite 600, Fairbanks, AK 99701; Phone: (907) 452–8251, Ext. 3178; Fax: (907) 459–3953 Ambler, Native Village, Tribal President and Tribal Administrator, P.O. Box 86047, Ambler, AK 99786; Phone: (907) 445–2189; Fax: (907) 445–2257 Anaktuvuk, Village of, Mary Sage, Social Services Director, Inupiat Community of the Arctic Slope, P.O. Box 934, Barrow, AK 99723, Phone: (907) 852–5923; Fax: (907) 852–5924; Email: social@inupiatgov.com Andreafski (see Yupiit of Andreafski) Angoon Community Association, Marcie Kookesh, ICWA Worker, P.O. Box 328, Angoon, AK 99820; Phone: (907) 788– 3411; Fax: (907) 788–3412 Aniak, Village of, Muriel Morgan, ICWA Worker, P.O. Box 349, Aniak, AK 99557; Phone: (907) 675–4349; Fax: (907) 675– 4513 Anvik Village, Tami Jerue, Tribal Family Youth Specialist, P.O. Box 22, Anvik, AK 99558; Phone: (907) 663–6378; Fax: (907) 663–6357; and Tanana Chiefs Conference, Legal Department, 122 First Avenue, Suite 600, Fairbanks, AK 99701; Phone: (907) 452–8251, Ext. 3178; Fax: (907) 459–3953 Arctic Village, Lisa Frank, Tribal Family Youth Specialist, P.O. Box 22069, Arctic Village, AK 99722; Phone: (907) 587–5523; Fax: (907) 587–5128; and Tanana Chiefs Conference, Legal Department, 122 First Avenue, Suite 600, Fairbanks, AK 99701; Phone: (907) 452–8251, Ext. 3178; Fax: (907) 459–3953 E:\FR\FM\17JAN1.SGM 17JAN1

Agencies

[Federal Register Volume 79, Number 12 (Friday, January 17, 2014)]
[Notices]
[Pages 3224-3225]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-00609]



[[Page 3224]]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R3-ES-2013-0032; FXES11120300000F2-134-FF03E00000]


Final Environmental Impact Statement, Habitat Conservation Plan, 
Implementing Agreement, and Programmatic Agreement, Fowler Ridge Wind 
Farm, Benton County, Indiana

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability

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

SUMMARY: Under the National Environmental Policy Act (NEPA), the U.S. 
Fish and Wildlife Service (Service) is advising the public of the 
availability of the final Environmental Impact Statement (FEIS) 
associated with an application received from Fowler Ridge Wind Farm 
LLC, Fowler Ridge II Wind Farm LLC, Fowler Ridge III Wind Farm LLC, and 
Fowler Ridge IV Wind Farm LLC, collectively referred to as Fowler Ridge 
(applicant), for an incidental take permit (permit) pursuant to the 
Endangered Species Act of 1973, as amended (ESA). We also announce the 
availability of the final Fowler Ridge Wind Farm (FRWF; project) 
Habitat Conservation Plan (HCP), prepared in accordance with the ESA, 
and the availability of a final Programmatic Agreement (PA) to address 
the National Historic Preservation Act (NHPA) and its implementing 
regulations, ``Protection of Historic Properties.'' Fowler Ridge 
submitted the HCP, as well as a proposed Implementing Agreement (IA), 
as part of its incidental take permit application. If issued, the 
permit would authorize incidental take of the federally endangered 
Indiana bat (Myotis sodalis) from operation of Phases I-IV of the 
project. Fowler Ridge is requesting a 21-year permit term.
    The Service is furnishing this notice to allow other agencies and 
the public an opportunity to review these documents. For locations to 
review the documents, please see the Availability of Documents section 
below.

DATES: The Service's decision on issuance of the permit will occur no 
sooner than 30 days after the publication of the Environmental 
Protection Agency notice of the FEIS in the Federal Register and will 
be documented in a Record of Decision February 18, 2014.

ADDRESSES: Document availability:
     Internet: You may obtain copies of the documents on the 
Internet at https://www.regulations.gov [FWS-R3-ES-2013-0032] or https://www.fws.gov/midwest/endangered/permits/hcp/r3hcps.html.
     U.S. Mail: You can obtain an electronic copy of the 
documents by mail from the Ecological Services Office in the Midwest 
Regional Office (see FOR FURTHER INFORMATION CONTACT).
     In-Person: To view hard copies of the documents in person, 
go to the Ecological Services Office (8 a.m. to 4 p.m.) listed under 
FOR FURTHER INFORMATION CONTACT, or to one of the following libraries 
during normal business hours: Benton County Public Library, (765) 884 -
1720, 102 N. Van Buren Avenue, Fowler, IN 47944; or Otterbein Public 
Library (www.otterbeinpubliclibrary.org), (765) 583-2107, 23 E. 1st 
Street, Otterbein, IN 47970.

FOR FURTHER INFORMATION CONTACT: Scott Pruitt, Field Supervisor, 
Bloomington, Indiana, Ecological Services Field Office, U.S. Fish and 
Wildlife Service, 620 South Walker Street, Bloomington, IN 47403; 
telephone: (812) 334-4261, extension 214; or Rick Amidon, Fish and 
Wildlife Biologist, Ecological Services, Midwest Regional Office, U.S. 
Fish and Wildlife Service, 5600 American Blvd. West, Suite 990, 
Bloomington, MN 55437-1458; telephone: (612) 713-5164.

SUPPLEMENTARY INFORMATION: 

Background

    We have received an application from Fowler Ridge Wind Farm LLC, 
Fowler Ridge II Wind Farm LLC, Fowler Ridge III Wind Farm LLC, and 
Fowler Ridge IV Wind Farm LLC, collectively referred to as Fowler 
Ridge, for an incidental take permit (TE95012A) under the ESA (16 
U.S.C. 1531 et seq.). If approved, the permit would be for a 21-year 
period and would authorize incidental take of the endangered Indiana 
bat (Myotis sodalis).
    The applicant has prepared an HCP that covers the operation of 
Phases I-IV of the project. The project consists of a wind-powered 
electric generation facility located in an approximately 72,947-acre 
area (the project area including a one-half-mile buffer around the 
outside turbines) in Benton County, Indiana. The HCP describes the 
following: (1) Biological goals and objectives of the HCP; (2) covered 
activities; (3) permit duration; (4) project area; (5) alternatives to 
the taking that were considered; (5) public participation; (6) life 
history of the Indiana bat; (6) quantification of the take for which 
authorization is requested; (7) assessment of direct and indirect 
effects of the taking on the Indiana bat within the Midwest Recovery 
Unit (as delineated in the 2007 Indiana Bat Draft Recovery Plan, 
Service) and range-wide; (8) a conservation program consisting of 
avoidance and minimization measures, mitigation, monitoring, and 
adaptive management; (9) funding for implementation of the HCP; (10) 
procedures to deal with changed and unforeseen circumstances; and (11) 
methods for permit amendments.
    In addition to the HCP, the applicant has prepared an IA to 
document the responsibilities of the parties. Pursuant to the NHPA (16 
U.S.C. 470, 470f), the Service has initiated Section 106 consultation 
with the Indiana State Historic Preservation Office regarding the 
construction of turbines under Phase IV of the FRWF project and the 
implementation of mitigation projects in accordance with the terms of 
the HCP. Sites have not been selected for the Phase IV turbines or for 
any required mitigation. Therefore, future efforts will be required to 
identify archaeological sites that may be adversely affected by the 
construction of Phase IV turbines and implementation of mitigation. 
Following siting of the Phase IV turbines and location of mitigation 
sites, archaeological surveys will be conducted, with plans and reports 
submitted to the Indiana State Historic Preservation Office for review. 
The PA between the Service, Fowler Ridge, and the Indiana State 
Historic Preservation Office describes the process for conducting the 
surveys, evaluating the results of the surveys, and determining if 
resources can be avoided or if additional surveys or mitigation are 
necessary before the Section 106 process is completed. The final PA 
will be signed prior to issuance of the EIS Record of Decision. The 
Section 106 process will be completed and a memorandum of agreement 
signed prior to construction or mitigation beginning.

Public Involvement

    The Service formally initiated public scoping and an environmental 
review of the project through publication of a Notice of Intent to 
prepare an Environmental Impact Statement in the Federal Register on 
May 25, 2011 (76 FR 30384-30386). Utilizing the public scoping 
comments, the Service prepared a draft EIS to analyze the effects of 
the alternatives on the human environment. The draft EIS was released 
for a 60-day public comment on April 5, 2013 (78 FR 20690-20692). A 
public meeting was held on April 18, 2013, at the Benton County 
Government Annex, 410 South Adeway, Suite A, Fowler, IN to solicit 
additional input from the public on the

[[Page 3225]]

HCP and Draft EIS. The official comment period ended on June 4, 2013.

Authority

    We provide this notice under section 10(c) of the ESA (16 U.S.C. 
1531, 1539(c)) and its implementing regulations (50 CFR 17.22), NEPA 
(42 U.S.C. 4321 et seq.) and its implementing regulations (40 CFR 
1506.6; 43 CFR Part 46), and Section 106 of the NHPA (16 U.S.C. 470, 
470f) and its implementing regulations (36 CFR Part 800). We will 
evaluate the application, associated documents, and comments submitted 
to determine whether the application meets the requirements of section 
10(a) of the ESA. A permit decision will be made no sooner than 30 days 
after the publication of the EPA's FEIS notice in the Federal Register 
and completion of the Record of Decision. If we determine that all 
requirements are met, we will issue an incidental take permit under 
section 10(a)(1)(B) of the ESA to Fowler Ridge for take of the Indiana 
bat, incidental to otherwise lawful activities in accordance with the 
HCP, the IA, and the permit.

    Dated: February 11, 2013.
Lynn Lewis,
Assistant Regional Director, Ecological Services, Midwest Region.
[FR Doc. 2014-00609 Filed 1-16-14; 8:45 am]
BILLING CODE 4310-55-P
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