Early Scoping for an Anticipated Application for Incidental Take Permit and Draft Habitat Conservation Plan; Copenhagen Wind Farm, LLC, 23567-23570 [2015-09806]
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Federal Register / Vol. 80, No. 81 / Tuesday, April 28, 2015 / Notices
(1) Provide More Transportation
Choices.
(2) Promote equitable, affordable
housing.
(3) Enhance Economic
Competitiveness.
(4) Support Existing Communities.
(5) Coordinate Policies and Leverage
Investment.
Frequency of
responses
Number of respondents
Number of
responses
(6) Value Communities and
Neighborhoods.
Respondents 11,000.
Estimated
average time
(seconds)
Estimated annual burden
6,540 ......................................................
60 new applicants ..................................
4,630 ......................................................
40 new applicants ..................................
1 (60%)
1
1 (40%)
1
6540
60
4360
40
60
60
60
60
Total ................................................
..............................
11,000
..............................
B. Solicitation of Public Comment
ACTION:
This notice is soliciting comments
from members of the public and affected
parties concerning the collection of
information described in Section A on
the following:
(1) Whether the proposed collection
of information is necessary for the
proper performance of the functions of
the agency, including whether the
information will have practical utility;
(2) The accuracy of the agency’s
estimate of the burden of the proposed
collection of information;
(3) Ways to enhance the quality,
utility, and clarity of the information to
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the collection of information on those
who are to respond; including through
the use of appropriate automated
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HUD encourages interested parties to
submit comment in response to these
questions.
Authority: Section 3507 of the Paperwork
Reduction Act of 1995, 44 U.S.C. Chapter 35.
Dated: April 21, 2015.
Julie D. Hopkins,
Director, Grants Management and Oversight
Division.
[FR Doc. 2015–09770 Filed 4–27–15; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF THE INTERIOR
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Fish and Wildlife Service
[FWS–R5–ES–2014–0050;
FXES11120500000–156–FF05E00000]
Early Scoping for an Anticipated
Application for Incidental Take Permit
and Draft Habitat Conservation Plan;
Copenhagen Wind Farm, LLC
AGENCY:
Fish and Wildlife Service,
Interior.
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Jkt 235001
Notice of initiation of scoping.
Pursuant to the Endangered
Species Act (ESA) and the National
Environmental Policy Act (NEPA), we,
the U.S. Fish and Wildlife Service
(Service), announce our intent to
prepare a NEPA document for an
anticipated Incidental Take Permit (ITP)
application and associated draft habitat
conservation plan (HCP) from
Copenhagen Wind Farm, LLC for
construction and operation of a wind
energy facility on private lands that
provide potential habitat for the
northern long-eared bat and the
federally listed endangered Indiana bat.
The northern long-eared bat has recently
been proposed for listing as an
endangered species under the ESA.
Construction activities (e.g., tree
clearing) and operation of wind turbines
on these lands have the potential to
incidentally take Indiana bats and
northern long-eared bats. Therefore,
Copenhagen Wind Farm, LLC is
developing an ITP application and HCP
to address these activities.
In advance of receiving the ITP
application for this project, the Service
is providing this notice to request
information from other agencies, Tribes,
and the public on the scope of the NEPA
review and issues to consider in the
NEPA analysis and in development of
the HCP.
DATES: We will accept comments
received or postmarked on or before
May 28, 2015. Comments submitted
electronically using the Federal
eRulemaking Portal (see ADDRESSES)
must be received by 11:59 p.m. Eastern
Time on the closing date.
ADDRESSES: You may submit written
comments by one of the following
methods:
• Electronically: Go to the Federal
eRulemaking Portal Web site at: https://
www.regulations.gov. In the Search box,
enter FWS–R5–ES–2014–0050, which is
the docket number for this notice. Click
SUMMARY:
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23567
6540 = 109 minutes.
60 seconds = 1 minute.
4360 = 73 hours.
67 seconds = 1 minute 7 seconds.
183 hours.
on the appropriate link to locate this
document and submit a comment.
• By hard copy: Submit by U.S. mail
or hand-delivery to Public Comments
Processing, Attn: FWS–R5–ES–2014–
0050, Division of Policy, Performance,
and Management Programs; U.S. Fish
and Wildlife Service; 5275 Leesburg
Pike, Falls Church, VA 22041.
We request that you send comments
by only the methods above. We will
post all information received on the
Web site at https://www.regulations.gov.
This generally means that we will post
any personal information you provide
us (see the Public Comments section
below for more information).
FOR FURTHER INFORMATION CONTACT:
Robyn A. Niver, by mail at U.S. Fish
and Wildlife Service, 3817 Luker Road,
Cortland, NY 13045, or by telephone at
607–753–9334.
SUPPLEMENTARY INFORMATION: We
announce our intent to prepare a NEPA
document for a pending ITP application
and associated draft HCP from
Copenhagen Wind Farm, LLC for
construction and operation of a wind
energy facility on approximately 11,250
acres of leased private lands in Lewis
and Jefferson Counties, New York. A
map depicting the proposed project on
the landscape can be viewed on the
Service’s New York Field Office Web
page, at https://www.fws.gov/northeast/
nyfo/es/ibat.htm. Dominated by active
agricultural fields, along with
substantial blocks of forested lands and
lesser amounts of successional and
disturbed communities, these lands
provide potential foraging, roosting,
maternity colony, and fall swarming
habitat for all or many bat species that
occur in the State of New York,
including the northern long-eared bat
(Myotis septentrionalis) and the
federally listed endangered Indiana bat
(Myotis sodalis). Both construction (e.g.,
tree clearing) and operation of wind
turbines have the potential to
incidentally take northern long-eared
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Federal Register / Vol. 80, No. 81 / Tuesday, April 28, 2015 / Notices
bats and Indiana bats. Therefore,
Copenhagen Wind Farm, LLC is
developing an ITP application and HCP
to address these activities.
In advance of receiving the ITP
application for this project, the Service
is providing this notice to request
information from other agencies, Tribes,
and the public on the scope of the NEPA
review and issues to consider in the
NEPA analysis and in development of
the HCP. We will proceed with
preparation of an Environmental
Assessment (EA), which we will use to
evaluate, in conjunction with the public
comments, whether any significant
impacts would require further analysis
in an Environmental Impact Statement.
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Request for Information
We request data, comments,
information, and suggestions from the
public, other concerned governmental
agencies, the scientific community,
Tribes, industry, or any other interested
party on this notice. We will consider
all comments we receive in complying
with the requirements of NEPA and in
the development of the HCP and ITP.
We seek comments particularly
related to:
(1) Information concerning the range,
distribution, population size, and
population trends of Indiana bats and
northern long-eared bats in New York
State;
(2) Additional biological information
concerning Indiana bats, northern longeared bats, and other federally listed
species that occur in New York State
that could be affected by proposed
covered activities;
(3) Relevant data and information
concerning myotid bat interactions with
wind turbine construction and
operation;
(4) Current or planned activities in the
project planning area and their possible
impacts on Indiana bats, northern longeared bats, and other federally listed
species in New York State;
(5) The presence of facilities within
the project planning area that are
eligible to be listed on the National
Register of Historic Places, or whether
other historical, archeological, or
traditional cultural properties may be
present;
(6) Any other issues relating to the
human environment and potential
impacts that we should consider with
regard to the project planning area,
covered activities, and potential ITP
issuance.
You may submit your comments and
materials concerning this notice by one
of the methods listed in the ADDRESSES
section.
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Background
The Indiana bat is listed as an
endangered species under the ESA. The
population decline of this species has
historically been attributed to habitat
loss and degradation of both winter
hibernation habitat (hibernacula) and
summer roosting habitat, human
disturbance during hibernation, and
possibly pesticides. A recent new threat
to Indiana bats is white-nose syndrome
(WNS), a disease caused by a fungus
(Pseudogymnoascus destructans,
previously classified as Geomyces
destructans) that invades the skin of
bats. The fungus erodes wing tissue and
alters behaviors such as hibernation
location and arousal patterns, which
decreases fat stores essential for
overwinter survival. Millions of bats are
estimated to have died as a result.
White-nose syndrome is resulting in
large population declines in some parts
of the species’ range, including the
northeastern and southeastern United
States.
The range of the Indiana bat includes
much of the eastern United States,
including New York. Winter habitat for
the Indiana bat includes caves and
mines that support high humidity and
cool, but stable, temperatures. In the
summer, Indiana bats roost in trees
(dead, dying, or live trees) with
exfoliating bark, cracks, crevices, and/or
hollows. During summer, males roost
alone or in small groups, while females
and their offspring roost in larger
groups. Indiana bats forage for insects in
and along the edges of forested areas
and wooded stream corridors.
The northern long-eared bat has
recently been proposed for listing as an
endangered species under the ESA.
White-nose syndrome is the
predominant threat to the species,
though other threats may include
impacts to hibernacula and summer
habitat, and disturbance of hibernating
bats. Northern long-eared bats have been
abundant in the eastern United States
and are often captured in summer mist
nets surveys and detected during
acoustic surveys. Northern long-eared
bats are known to frequent forested
habitats throughout New York. Similar
to Indiana bats, northern long-eared bats
generally hibernate in caves and mines
during the winter. During the summer,
the bats roost in live trees and snags,
though they are also known to use
human-made structures such as barns,
sheds, and bat boxes.
Potential Federal Action
The proposed Federal action that will
be analyzed through NEPA will be the
potential issuance of an ITP to allow
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incidental take of Indiana bats and
northern long-eared bats from the
construction and operation of the wind
energy facility, including specific
activities that will be described in the
HCP. The HCP will incorporate
avoidance, minimization, mitigation,
monitoring, and reporting measures
aimed at addressing the impact of the
covered activities to Indiana bats and
northern long-eared bats. The project
planning area for the HCP is the 11,250
acres of private lands under lease
agreement with Copenhagen Wind
Farm, LLC for construction and
operation of a wind energy facility. The
project consists of two phases, which
will deliver up to 79.9 and 24.9
megawatts (MW) respectively of
electrical power to the New York State
electric grid.
Phase I
Phase I consists of a 6,605-acre
generation site and a 2,595-acre
transmission site. The generation site
will include 47 wind turbines,
approximately 15.2 miles of access
roads, 20.3 miles of 34.5-kV electrical
collector lines, a collection substation, 3
meteorological towers, a construction
staging area, and an Operations and
Maintenance (O&M) facility, located in
the Town of Denmark in Lewis County,
New York. The transmission site will
include approximately 8.8 miles of
overhead 115-kV electric transmission
line, to be located in the Towns of
Champion and Rutland, in Jefferson
County, New York, and a Point of
Interconnect (POI) substation, to be
located adjacent to the existing National
Grid Black River-Lighthouse Hill 115-kV
transmission line in the Town of
Rutland, Jefferson County, New York.
Phase I construction is anticipated to
begin with tree-clearing activities over
the winter of 2015–2016, with access
road and other construction
commencing in the spring of 2016.
Construction of Phase I is expected to be
completed by December 2016.
Phase II
Phase II consists of up to 15
additional turbines, along with
approximately 5.5 miles of access roads
and 11 miles of collector lines, to be
located on approximately 2,050 acres of
leased private lands. The 34.5-kV
electrical collector lines will gather the
electricity from the turbines in the
Town of Pinckney and deliver it to the
collection substation in the Town of
Denmark (to be constructed as part of
Phase I). The turbines, access roads, and
approximately 5.4 miles of the electrical
collector lines will be located in the
Town of Pinckney, Lewis County, New
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asabaliauskas on DSK5VPTVN1PROD with NOTICES
York. The remaining 5.6 miles of
electrical collector lines will be located
in the Town of Denmark, generally in
close proximity to infrastructure
associated with Phase I of the Project.
Phase II construction is anticipated to
begin with tree-clearing activities over
the winter of 2016–2017, with access
road and other construction
commencing in the spring of 2017.
Construction of Phase II is expected to
be completed by December 2017.
The HCP is expected to address both
construction and operational activities
associated with the wind energy facility.
The covered construction activities in
the HCP are anticipated to be as follows:
Preconstruction activities (e.g.,
geotechnical boring, installation of
sedimentation and erosion control
measures, field demarcation of
previously identified sensitive
resources), staging area construction,
site preparation (e.g., clearing woody
vegetation from work areas), public road
improvement, access road construction,
turbine foundation construction,
electrical collector system installation,
wind turbine assembly and erection,
transmission line and POI substation
construction, O&M facility construction,
and turbine commissioning. The
covered operational activities in the
HCP are anticipated to be as follows:
Operation of turbines and associated
electrical collection and transmission
equipment, scheduled and unscheduled
maintenance, and environmental
management. Copenhagen Wind Farm,
LLC anticipates that the activities
posing the greatest risk of incidental
take of Indiana bats or northern longeared bats are (1) tree clearing during
construction, and (2) collisions with
operating turbines. They do not
anticipate construction or operation of
the wind energy facility will result in
incidental take of any other federally
listed species in the planning area.
Potential minimization and mitigation
measures may include removal of
suitable roost trees during winter,
operating turbines during periods of less
bat activity, protection and
enhancement of hibernacula, and
protection and enhancement of Indiana
bat and northern long-eared bat roosting
and foraging habitat. The proposed
duration of the ITP is 30 years.
NEPA Alternatives
The Service has not yet developed
any NEPA alternatives to the proposed
Federal action (i.e., issuance of an ITP
conditioned on implementation of the
HCP). The NEPA analysis will assess the
direct, indirect, and cumulative impacts
of the proposed Federal action on the
human environment, comprehensively
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interpreted to include the natural and
physical environment and the
relationship of people with that
environment. It will also analyze several
alternatives to the proposed Federal
action, including no action and other
reasonable courses of action (potentially
including minimization and mitigation
measures not considered in the
proposed action). Relevant information
provided in response to this notice will
aid in developing the draft HCP and the
NEPA analysis.
Prior Public Outreach
Phase I of the project has already
undergone public review as part of the
local permitting process, pursuant to the
New York State Environmental Quality
Review Act (SEQRA) and its
implementing regulations, 6 NYCRR
Part 617. This process was initiated on
May 5, 2012, when Copenhagen Wind
Farm, LLC submitted to the Town of
Denmark Planning Board a full
Environmental Assessment Form (EAF)
and an application for a special use
permit. On July 7, 2012, the Town of
Denmark Planning Board forwarded a
solicitation of Lead Agency status, along
with a copy of the EAF document, to
potentially interested/involved SEQRA
agencies. No agency objected to the
Town of Denmark Planning Board
assuming the role of Lead Agency. The
Town of Denmark, as Lead Agency,
subsequently issued a Positive
Declaration on August 7, 2012, requiring
the applicant to prepare a Draft
Environmental Impact Statement (DEIS).
The DEIS was accepted as complete
on June 4, 2013, and copies of the DEIS
were subsequently delivered to
involved/interested agencies, and
posted to a Web site managed by
OwnEnergy (https://www.ownenergy.net/
project-development/our-projects/
copenhagen-wind-farm). Opportunities
for detailed agency and public review
were provided during the DEIS public
comment period (June 4, 2013, through
August 13, 2013), including a public
hearing conducted by the Lead Agency
on July 9, 2013, at the Copenhagen
Central School gymnasium (3020
Mechanic Street, Copenhagen, NY).
Eleven separate ‘‘comment letters’’
(hardcopy, email, and oral comments)
were received, which provided 158
individual comments that were
considered during the FEIS analysis.
The comments covered a wide range of
topics addressed in the DEIS. The most
commonly raised questions and
concerns pertained to biological
resources and water resources,
particularly with regard to potential
impacts to birds, bats, and groundwater.
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A responsiveness summary to address
all substantive comments received on
the DEIS during the public comment
period was included as Section 4.0 of
the Final Environmental Impact
Statement (FEIS). The FEIS was
accepted as complete by the Lead
Agency on July 10, 2014, and is also
available at the Project Web site (https://
www.ownenergy.net/projectdevelopment/our-projects/copenhagenwind-farm). The Lead Agency issued its
Findings Statement on August 19, 2014.
This document provides the rationale
for the Planning Board’s decision to
approve issuance of the pending permit
applications, and includes discussion of
mitigating measures that will be
incorporated as conditions of the
pending permits and approvals to avoid
or minimize adverse environmental
impacts.
Public review of Phase II of the
Project has not yet been initiated.
However, it is anticipated that the same
local permitting process used for Phase
I will be followed for Phase II (i.e., EAF,
DEIS, Public Comment Period, FEIS).
Next Steps
In this stage of the project, we are
seeking information to aid in
development of the NEPA analysis and
the draft HCP, and to inform what level
of environmental analysis would be
necessary for project implementation.
We will then develop a draft NEPA
document based on the ITP application,
Applicant’s draft HCP, any associated
documents, and public comments
received through this early scoping
effort. We may solicit additional public,
agency, and Tribal input to identify the
nature and scope of the environmental
issues that should be addressed during
NEPA review, following appropriate
public notice. We will then publish a
notice of availability for the draft NEPA
document and draft HCP and seek
additional public comment before
completing our final analysis to
determine whether to issue an ITP.
Public Comments
During this 30-day public comment
period (see DATES), the Service invites
the public to provide comments that
will aid our NEPA analysis. You may
submit comments by one of the methods
shown under ADDRESSES.
Public Availability of Comments
We will post all public comments and
information received electronically or
via hardcopy on https://regulations.gov.
All comments received, including
names and addresses, will become part
of the administrative record and will be
available to the public. Before including
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your address, phone number, electronic
mail address, or other personal
identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—will
be publicly available. If you submit a
hardcopy comment that includes
personal identifying information, you
may request at the top of your document
that we withhold this information from
public review. However, we cannot
guarantee that we will be able to do so.
Authority
This notice is provided pursuant to
NEPA regulations (40 CFR 1501.7 and
1508.22).
Dated: March 10, 2015.
Paul R. Phifer,
Assistant Regional Director, Ecological
Services, Northeast Region.
[FR Doc. 2015–09806 Filed 4–27–15; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[156A2100DD/AAKC001030/
A0A501010.999900 253G]
Renewal of Agency Information
Collection for Law and Order on Indian
Reservations—Marriage and
Dissolution Applications
Bureau of Indian Affairs,
Interior.
ACTION: Notice of submission to OMB.
AGENCY:
In compliance with the
Paperwork Reduction Act of 1995, the
Bureau of Indian Affairs (BIA) is
submitting to the Office of Management
and Budget (OMB) a request for
approval for the collection of
information for the Law and Order on
Indian Reservations—Marriage &
Dissolution Applications, which
concerns marriage and dissolution of a
marriage in a Court of Indian Offenses.
The information collection is currently
authorized by OMB Control Number
1076–0094, which expires April 30,
2015.
SUMMARY:
Interested persons are invited to
submit comments on or before May 28,
2015.
ADDRESSES: You may submit comments
on the information collection to the
Desk Officer for the Department of the
Interior at the Office of Management and
Budget, by facsimile to (202) 395–5806
or you may send an email to:
OIRA_Submission@omb.eop.gov. Please
send a copy of your comments to:
Katherine Scotta, Office of Justice
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DATES:
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18:18 Apr 27, 2015
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Services, Bureau of Indian Affairs, 1849
C Street NW., MS–2603–MIB,
Washington, DC 20240; email:
Katherine.Scotta@bia.gov.
FOR FURTHER INFORMATION CONTACT:
Katherine Scotta, (202) 208–6711. You
may review the information collection
request online at https://
www.reginfo.gov. Follow the
instructions to review Department of the
Interior collections under review by
OMB.
SUPPLEMENTARY INFORMATION:
I. Abstract
The Bureau of Indian Affairs (BIA) is
seeking renewal of the approval for the
information collection conducted under
25 CFR 11.600(c) and 11.606(c). This
information collection allows the Clerk
of the Court of Indian Offenses to collect
personal information necessary for a
Court of Indian Offenses to issue a
marriage license or dissolve a marriage.
Courts of Indian Offenses have been
established on certain Indian
reservations under the authority vested
in the Secretary of the Interior by 5
U.S.C. 301 and 25 U.S.C. 2, 9, and 13,
which authorize appropriations for
‘‘Indian judges.’’ The courts provide for
the administration of justice for Indian
tribes in those areas where the tribes
retain jurisdiction over Indians,
exclusive of State jurisdiction, but
where tribal courts have not been
established to exercise that jurisdiction
and the tribes has, by resolution or
constitutional amendment, chosen to
use the Court of Indian Offenses.
Accordingly, Courts of Indian Offenses
exercise jurisdiction under 25 CFR 11.
Domestic relations are governed by 25
CFR 11.600, which authorizes the Court
of Indian Offenses to conduct and
dissolve marriages. In order to obtain a
marriage licenses in a Court of Indian
Offenses, applicants must provide the
six items of information listed in 25 CFR
11.600(c), including identifying
information, such a Social Security
number, information on previous
marriage, relationship to the other
applicant, and a certificate of the results
of any medical examination required by
applicable tribal ordinances or the laws
of the State in which the Indian country
under the jurisdiction of the Court of
Indian Offenses is located. To dissolve
a marriage, applicants must provide the
six items of information listed in 25 CFR
11.606(c), including information on
occupation and residency (to establish
jurisdiction), information on whether
the parties have lives apart for at least
180 days or if there is serious marital
discord warranting dissolution, and
information on the children of the
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marriage and whether the wife is
pregnant (for the court to determine the
appropriate level of support that may be
required from the non-custodial parent).
(25 CFR 11.601) Two forms are used as
part of this information collection, the
Marriage License Application and the
Dissolution of Marriage Application.
II. Request for Comments
On February 9, 2015, BIA published
a notice announcing the renewal of this
information collection and provided a
60-day comment period in the Federal
Register (80 FR 7029). There were no
comments received in response to this
notice.
The BIA requests your comments on
this collection concerning: (a) The
necessity of this information collection
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility; (b) The accuracy of the
agency’s estimate of the burden (hours
and cost) of the collection of
information, including the validity of
the methodology and assumptions used;
(c) Ways we could enhance the quality,
utility, and clarity of the information to
be collected; and (d) Ways we could
minimize the burden of the collection of
the information on the respondents.
Please note that an agency may not
conduct or sponsor, and an individual
need not respond to, a collection of
information unless it displays a valid
OMB Control Number.
It is our policy to make all comments
available to the public for review at the
location listed in the ADDRESSES section.
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 in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
III. Data
OMB Control Number: 1076–0094.
Title: Law and Order on Indian
Reservations—Marriage & Dissolution
Applications, 25 CFR 11.
Brief Description of Collection:
Submission of this information allows
applicants to obtain a benefit, namely,
the issuance of a marriage license or a
decree of dissolution of a marriage
license from the Court of Indian
Offenses.
Type of Review: Extension of
currently approved collection.
Respondents: Individuals.
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]]>Agencies
[Federal Register Volume 80, Number 81 (Tuesday, April 28, 2015)]
[Notices]
[Pages 23567-23570]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-09806]
=======================================================================
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R5-ES-2014-0050; FXES11120500000-156-FF05E00000]
Early Scoping for an Anticipated Application for Incidental Take
Permit and Draft Habitat Conservation Plan; Copenhagen Wind Farm, LLC
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of initiation of scoping.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the Endangered Species Act (ESA) and the National
Environmental Policy Act (NEPA), we, the U.S. Fish and Wildlife Service
(Service), announce our intent to prepare a NEPA document for an
anticipated Incidental Take Permit (ITP) application and associated
draft habitat conservation plan (HCP) from Copenhagen Wind Farm, LLC
for construction and operation of a wind energy facility on private
lands that provide potential habitat for the northern long-eared bat
and the federally listed endangered Indiana bat. The northern long-
eared bat has recently been proposed for listing as an endangered
species under the ESA. Construction activities (e.g., tree clearing)
and operation of wind turbines on these lands have the potential to
incidentally take Indiana bats and northern long-eared bats. Therefore,
Copenhagen Wind Farm, LLC is developing an ITP application and HCP to
address these activities.
In advance of receiving the ITP application for this project, the
Service is providing this notice to request information from other
agencies, Tribes, and the public on the scope of the NEPA review and
issues to consider in the NEPA analysis and in development of the HCP.
DATES: We will accept comments received or postmarked on or before May
28, 2015. Comments submitted electronically using the Federal
eRulemaking Portal (see ADDRESSES) must be received by 11:59 p.m.
Eastern Time on the closing date.
ADDRESSES: You may submit written comments by one of the following
methods:
Electronically: Go to the Federal eRulemaking Portal Web
site at: https://www.regulations.gov. In the Search box, enter FWS-R5-
ES-2014-0050, which is the docket number for this notice. Click on the
appropriate link to locate this document and submit a comment.
By hard copy: Submit by U.S. mail or hand-delivery to
Public Comments Processing, Attn: FWS-R5-ES-2014-0050, Division of
Policy, Performance, and Management Programs; U.S. Fish and Wildlife
Service; 5275 Leesburg Pike, Falls Church, VA 22041.
We request that you send comments by only the methods above. We
will post all information received on the Web site at https://www.regulations.gov. This generally means that we will post any
personal information you provide us (see the Public Comments section
below for more information).
FOR FURTHER INFORMATION CONTACT: Robyn A. Niver, by mail at U.S. Fish
and Wildlife Service, 3817 Luker Road, Cortland, NY 13045, or by
telephone at 607-753-9334.
SUPPLEMENTARY INFORMATION: We announce our intent to prepare a NEPA
document for a pending ITP application and associated draft HCP from
Copenhagen Wind Farm, LLC for construction and operation of a wind
energy facility on approximately 11,250 acres of leased private lands
in Lewis and Jefferson Counties, New York. A map depicting the proposed
project on the landscape can be viewed on the Service's New York Field
Office Web page, at https://www.fws.gov/northeast/nyfo/es/ibat.htm.
Dominated by active agricultural fields, along with substantial blocks
of forested lands and lesser amounts of successional and disturbed
communities, these lands provide potential foraging, roosting,
maternity colony, and fall swarming habitat for all or many bat species
that occur in the State of New York, including the northern long-eared
bat (Myotis septentrionalis) and the federally listed endangered
Indiana bat (Myotis sodalis). Both construction (e.g., tree clearing)
and operation of wind turbines have the potential to incidentally take
northern long-eared
[[Page 23568]]
bats and Indiana bats. Therefore, Copenhagen Wind Farm, LLC is
developing an ITP application and HCP to address these activities.
In advance of receiving the ITP application for this project, the
Service is providing this notice to request information from other
agencies, Tribes, and the public on the scope of the NEPA review and
issues to consider in the NEPA analysis and in development of the HCP.
We will proceed with preparation of an Environmental Assessment (EA),
which we will use to evaluate, in conjunction with the public comments,
whether any significant impacts would require further analysis in an
Environmental Impact Statement.
Request for Information
We request data, comments, information, and suggestions from the
public, other concerned governmental agencies, the scientific
community, Tribes, industry, or any other interested party on this
notice. We will consider all comments we receive in complying with the
requirements of NEPA and in the development of the HCP and ITP.
We seek comments particularly related to:
(1) Information concerning the range, distribution, population
size, and population trends of Indiana bats and northern long-eared
bats in New York State;
(2) Additional biological information concerning Indiana bats,
northern long-eared bats, and other federally listed species that occur
in New York State that could be affected by proposed covered
activities;
(3) Relevant data and information concerning myotid bat
interactions with wind turbine construction and operation;
(4) Current or planned activities in the project planning area and
their possible impacts on Indiana bats, northern long-eared bats, and
other federally listed species in New York State;
(5) The presence of facilities within the project planning area
that are eligible to be listed on the National Register of Historic
Places, or whether other historical, archeological, or traditional
cultural properties may be present;
(6) Any other issues relating to the human environment and
potential impacts that we should consider with regard to the project
planning area, covered activities, and potential ITP issuance.
You may submit your comments and materials concerning this notice
by one of the methods listed in the ADDRESSES section.
Background
The Indiana bat is listed as an endangered species under the ESA.
The population decline of this species has historically been attributed
to habitat loss and degradation of both winter hibernation habitat
(hibernacula) and summer roosting habitat, human disturbance during
hibernation, and possibly pesticides. A recent new threat to Indiana
bats is white-nose syndrome (WNS), a disease caused by a fungus
(Pseudogymnoascus destructans, previously classified as Geomyces
destructans) that invades the skin of bats. The fungus erodes wing
tissue and alters behaviors such as hibernation location and arousal
patterns, which decreases fat stores essential for overwinter survival.
Millions of bats are estimated to have died as a result. White-nose
syndrome is resulting in large population declines in some parts of the
species' range, including the northeastern and southeastern United
States.
The range of the Indiana bat includes much of the eastern United
States, including New York. Winter habitat for the Indiana bat includes
caves and mines that support high humidity and cool, but stable,
temperatures. In the summer, Indiana bats roost in trees (dead, dying,
or live trees) with exfoliating bark, cracks, crevices, and/or hollows.
During summer, males roost alone or in small groups, while females and
their offspring roost in larger groups. Indiana bats forage for insects
in and along the edges of forested areas and wooded stream corridors.
The northern long-eared bat has recently been proposed for listing
as an endangered species under the ESA. White-nose syndrome is the
predominant threat to the species, though other threats may include
impacts to hibernacula and summer habitat, and disturbance of
hibernating bats. Northern long-eared bats have been abundant in the
eastern United States and are often captured in summer mist nets
surveys and detected during acoustic surveys. Northern long-eared bats
are known to frequent forested habitats throughout New York. Similar to
Indiana bats, northern long-eared bats generally hibernate in caves and
mines during the winter. During the summer, the bats roost in live
trees and snags, though they are also known to use human-made
structures such as barns, sheds, and bat boxes.
Potential Federal Action
The proposed Federal action that will be analyzed through NEPA will
be the potential issuance of an ITP to allow incidental take of Indiana
bats and northern long-eared bats from the construction and operation
of the wind energy facility, including specific activities that will be
described in the HCP. The HCP will incorporate avoidance, minimization,
mitigation, monitoring, and reporting measures aimed at addressing the
impact of the covered activities to Indiana bats and northern long-
eared bats. The project planning area for the HCP is the 11,250 acres
of private lands under lease agreement with Copenhagen Wind Farm, LLC
for construction and operation of a wind energy facility. The project
consists of two phases, which will deliver up to 79.9 and 24.9
megawatts (MW) respectively of electrical power to the New York State
electric grid.
Phase I
Phase I consists of a 6,605-acre generation site and a 2,595-acre
transmission site. The generation site will include 47 wind turbines,
approximately 15.2 miles of access roads, 20.3 miles of 34.5-kV
electrical collector lines, a collection substation, 3 meteorological
towers, a construction staging area, and an Operations and Maintenance
(O&M) facility, located in the Town of Denmark in Lewis County, New
York. The transmission site will include approximately 8.8 miles of
overhead 115-kV electric transmission line, to be located in the Towns
of Champion and Rutland, in Jefferson County, New York, and a Point of
Interconnect (POI) substation, to be located adjacent to the existing
National Grid Black River-Lighthouse Hill 115-kV transmission line in
the Town of Rutland, Jefferson County, New York. Phase I construction
is anticipated to begin with tree-clearing activities over the winter
of 2015-2016, with access road and other construction commencing in the
spring of 2016. Construction of Phase I is expected to be completed by
December 2016.
Phase II
Phase II consists of up to 15 additional turbines, along with
approximately 5.5 miles of access roads and 11 miles of collector
lines, to be located on approximately 2,050 acres of leased private
lands. The 34.5-kV electrical collector lines will gather the
electricity from the turbines in the Town of Pinckney and deliver it to
the collection substation in the Town of Denmark (to be constructed as
part of Phase I). The turbines, access roads, and approximately 5.4
miles of the electrical collector lines will be located in the Town of
Pinckney, Lewis County, New
[[Page 23569]]
York. The remaining 5.6 miles of electrical collector lines will be
located in the Town of Denmark, generally in close proximity to
infrastructure associated with Phase I of the Project. Phase II
construction is anticipated to begin with tree-clearing activities over
the winter of 2016-2017, with access road and other construction
commencing in the spring of 2017. Construction of Phase II is expected
to be completed by December 2017.
The HCP is expected to address both construction and operational
activities associated with the wind energy facility. The covered
construction activities in the HCP are anticipated to be as follows:
Preconstruction activities (e.g., geotechnical boring, installation of
sedimentation and erosion control measures, field demarcation of
previously identified sensitive resources), staging area construction,
site preparation (e.g., clearing woody vegetation from work areas),
public road improvement, access road construction, turbine foundation
construction, electrical collector system installation, wind turbine
assembly and erection, transmission line and POI substation
construction, O&M facility construction, and turbine commissioning. The
covered operational activities in the HCP are anticipated to be as
follows: Operation of turbines and associated electrical collection and
transmission equipment, scheduled and unscheduled maintenance, and
environmental management. Copenhagen Wind Farm, LLC anticipates that
the activities posing the greatest risk of incidental take of Indiana
bats or northern long-eared bats are (1) tree clearing during
construction, and (2) collisions with operating turbines. They do not
anticipate construction or operation of the wind energy facility will
result in incidental take of any other federally listed species in the
planning area. Potential minimization and mitigation measures may
include removal of suitable roost trees during winter, operating
turbines during periods of less bat activity, protection and
enhancement of hibernacula, and protection and enhancement of Indiana
bat and northern long-eared bat roosting and foraging habitat. The
proposed duration of the ITP is 30 years.
NEPA Alternatives
The Service has not yet developed any NEPA alternatives to the
proposed Federal action (i.e., issuance of an ITP conditioned on
implementation of the HCP). The NEPA analysis will assess the direct,
indirect, and cumulative impacts of the proposed Federal action on the
human environment, comprehensively interpreted to include the natural
and physical environment and the relationship of people with that
environment. It will also analyze several alternatives to the proposed
Federal action, including no action and other reasonable courses of
action (potentially including minimization and mitigation measures not
considered in the proposed action). Relevant information provided in
response to this notice will aid in developing the draft HCP and the
NEPA analysis.
Prior Public Outreach
Phase I of the project has already undergone public review as part
of the local permitting process, pursuant to the New York State
Environmental Quality Review Act (SEQRA) and its implementing
regulations, 6 NYCRR Part 617. This process was initiated on May 5,
2012, when Copenhagen Wind Farm, LLC submitted to the Town of Denmark
Planning Board a full Environmental Assessment Form (EAF) and an
application for a special use permit. On July 7, 2012, the Town of
Denmark Planning Board forwarded a solicitation of Lead Agency status,
along with a copy of the EAF document, to potentially interested/
involved SEQRA agencies. No agency objected to the Town of Denmark
Planning Board assuming the role of Lead Agency. The Town of Denmark,
as Lead Agency, subsequently issued a Positive Declaration on August 7,
2012, requiring the applicant to prepare a Draft Environmental Impact
Statement (DEIS).
The DEIS was accepted as complete on June 4, 2013, and copies of
the DEIS were subsequently delivered to involved/interested agencies,
and posted to a Web site managed by OwnEnergy (https://www.ownenergy.net/project-development/our-projects/copenhagen-wind-farm). Opportunities for detailed agency and public review were
provided during the DEIS public comment period (June 4, 2013, through
August 13, 2013), including a public hearing conducted by the Lead
Agency on July 9, 2013, at the Copenhagen Central School gymnasium
(3020 Mechanic Street, Copenhagen, NY). Eleven separate ``comment
letters'' (hardcopy, email, and oral comments) were received, which
provided 158 individual comments that were considered during the FEIS
analysis. The comments covered a wide range of topics addressed in the
DEIS. The most commonly raised questions and concerns pertained to
biological resources and water resources, particularly with regard to
potential impacts to birds, bats, and groundwater.
A responsiveness summary to address all substantive comments
received on the DEIS during the public comment period was included as
Section 4.0 of the Final Environmental Impact Statement (FEIS). The
FEIS was accepted as complete by the Lead Agency on July 10, 2014, and
is also available at the Project Web site (https://www.ownenergy.net/project-development/our-projects/copenhagen-wind-farm). The Lead Agency
issued its Findings Statement on August 19, 2014. This document
provides the rationale for the Planning Board's decision to approve
issuance of the pending permit applications, and includes discussion of
mitigating measures that will be incorporated as conditions of the
pending permits and approvals to avoid or minimize adverse
environmental impacts.
Public review of Phase II of the Project has not yet been
initiated. However, it is anticipated that the same local permitting
process used for Phase I will be followed for Phase II (i.e., EAF,
DEIS, Public Comment Period, FEIS).
Next Steps
In this stage of the project, we are seeking information to aid in
development of the NEPA analysis and the draft HCP, and to inform what
level of environmental analysis would be necessary for project
implementation. We will then develop a draft NEPA document based on the
ITP application, Applicant's draft HCP, any associated documents, and
public comments received through this early scoping effort. We may
solicit additional public, agency, and Tribal input to identify the
nature and scope of the environmental issues that should be addressed
during NEPA review, following appropriate public notice. We will then
publish a notice of availability for the draft NEPA document and draft
HCP and seek additional public comment before completing our final
analysis to determine whether to issue an ITP.
Public Comments
During this 30-day public comment period (see DATES), the Service
invites the public to provide comments that will aid our NEPA analysis.
You may submit comments by one of the methods shown under ADDRESSES.
Public Availability of Comments
We will post all public comments and information received
electronically or via hardcopy on https://regulations.gov. All comments
received, including names and addresses, will become part of the
administrative record and will be available to the public. Before
including
[[Page 23570]]
your address, phone number, electronic mail address, or other personal
identifying information in your comment, you should be aware that your
entire comment--including your personal identifying information--will
be publicly available. If you submit a hardcopy comment that includes
personal identifying information, you may request at the top of your
document that we withhold this information from public review. However,
we cannot guarantee that we will be able to do so.
Authority
This notice is provided pursuant to NEPA regulations (40 CFR 1501.7
and 1508.22).
Dated: March 10, 2015.
Paul R. Phifer,
Assistant Regional Director, Ecological Services, Northeast Region.
[FR Doc. 2015-09806 Filed 4-27-15; 8:45 am]
BILLING CODE 4310-55-P
