Final Habitat Conservation Plan and Supplemental Final Environmental Impact Statement; Na Pua Makani Wind Energy Project, Oahu, Hawaii, 81151-81153 [2016-27635]
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Federal Register / Vol. 81, No. 222 / Thursday, November 17, 2016 / Notices
Potential Commercial Applications:
• Prognostic test for HCC patient
response to TACE procedure
• Companion diagnostic for TACE
procedure
Value Proposition:
• First in class prognostic diagnostic for
frontline therapy in highly prevalent
HCC
Development Stage: Basic (Target ID).
Inventor(s): Xin Wei Wang, Ph.D. and
Valerie Miller, Ph.D. (NCI).
Intellectual Property:
HHS Reference No. E–101–2016
U.S. Provisional Application 62/292,789
(HHS Reference No. E–101–2016/0–
US–01) filed February 8, 2016 entitled
‘‘Gene Signature Predictive of
Hepatocellular Carcinoma Response
to Transcatheter Arterial
Chemoembolization (TACE)’’
Related Technologies: NIH Reference
No. E–024–2009 entitled ‘‘Gene
Signature for Predicting Solid Tumors
Patient Response’’.
Collaboration Opportunity:
Researchers at the NCI seek licensing
and/or co-development research
collaborations for the commercialization
of a companion diagnostic for HCC
patients undergoing TACE procedures.
Contact Information: Requests for
copies of the patent application or
inquiries about licensing, research
collaborations, and co-development
opportunities should be sent to John D.
Hewes, Ph.D., email: john.hewes@
nih.gov.
Dated: November 8, 2016.
John D. Hewes,
Technology Transfer Specialist, Technology
Transfer Center, National Cancer Institute.
individuals associated with the grant
applications, the disclosure of which
would constitute a clearly unwarranted
invasion of personal privacy.
Name of Committee: National Institute of
Allergy and Infectious Diseases Special
Emphasis Panel; Rapid Assessment of Zika
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Date: December 9, 2016.
Time: 11:00 a.m. to 5:00 p.m.
Agenda: To review and evaluate grant
applications.
Place: National Institutes of Health, 5601
Fishers Lane, Rockville, MD 20892
(Telephone Conference Call).
Contact Person: Raymond R. Schleef,
Ph.D., Senior Scientific Review Officer,
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Dated: November 14, 2016.
Natasha M. Copeland,
Program Analyst, Office of Federal Advisory
Committee Policy.
[FR Doc. 2016–27674 Filed 11–16–16; 8:45 am]
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DEPARTMENT OF THE INTERIOR
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[FWS–R1–ES–2016–N185;
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[FR Doc. 2016–27613 Filed 11–16–16; 8:45 am]
Final Habitat Conservation Plan and
Supplemental Final Environmental
Impact Statement; Na Pua Makani
Wind Energy Project, Oahu, Hawaii
BILLING CODE 4140–01–P
AGENCY:
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability; notice of
permit application; request for
comments.
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
National Institutes of Health
asabaliauskas on DSK3SPTVN1PROD with NOTICES
National Institute of Allergy and
Infectious Diseases; Notice of Closed
Meeting
Pursuant to section 10(d) of the
Federal Advisory Committee Act, as
amended (5 U.S.C. App.), notice is
hereby given of the following meeting.
The meeting will be closed to the
public in accordance with the
provisions set forth in sections
552b(c)(4) and 552b(c)(6), Title 5 U.S.C.,
as amended. The grant applications and
the discussions could disclose
confidential trade secrets or commercial
property such as patentable material,
and personal information concerning
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We, the U.S. Fish and
Wildlife Service (Service), received an
incidental take permit application from
Na Pua Makani Power Partners, LLC,
pursuant to the Endangered Species Act
of 1973, as amended (ESA). The
requested permit would authorize the
take of one threatened and six
endangered species caused by covered
activities associated with a wind energy
generation project on the island of
Oahu, Hawaii. The permit application
included the proposed Na Pua Makani
Wind Energy Project Habitat
Conservation Plan (HCP), which
described the activities that may result
in the incidental taking of listed species,
and the measures the applicant will take
SUMMARY:
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81151
to minimize, mitigate, and monitor for
adverse impacts to the covered species.
The applicant modified the proposed
action in the HCP in response to public
comments and the modified HCP is
available for public review pursuant to
this notice. The Service also announces
the availability of a Supplemental Final
Environmental Impact Statement (SEIS)
addressing the modified proposed
action in accordance with the
requirements of the National
Environmental Policy Act of 1969
(NEPA). If issued, the ITP would
authorize incidental take of the covered
species that may occur as a result of the
construction and operation of the Na
Pua Makani Wind Energy Project
(Project) over a 21-year period. We are
making the permit application package,
including the modified HCP and SEIS,
available for public review and
comment.
DATES: To ensure consideration, written
comments must be received from
interested parties no later than
December 19, 2016.
The Service’s decision on issuance of
an ITP will occur no sooner than 30
days after the publication of the U.S.
Environmental Protection Agency’s
notice of the SEIS in the Federal
Register and will be documented in a
Record of Decision (ROD). (For
information about the EPA notice, see
The Environmental Protection Agency’s
Role in the EIS Process under
SUPPLEMENTARY INFORMATION.)
ADDRESSES: To request further
information or submit written
comments, please use one of the
following methods, and note that your
information request or comments are in
reference to the Na Pua Makani Wind
Energy Project HCP.
• Internet: Documents may be viewed
and downloaded on the Internet at
https://www.fws.gov/pacificislands/.
• Email: NaPuaMakanihcp@fws.gov.
• U.S. Mail: You may obtain a
compact disk with electronic copies of
these documents by writing to Mary
Abrams, Field Supervisor; U.S. Fish and
Wildlife Service; Pacific Islands Fish
and Wildlife Office; 300 Ala Moana
Boulevard, Room 3–122; Honolulu, HI
96850.
• Telephone: Call 808–792–9400
during regular business hours.
FOR FURTHER INFORMATION CONTACT: Ms.
Jodi Charrier or Mr. Aaron Nadig, U.S.
Fish and Wildlife Service (see
ADDRESSES); by telephone 808–792–
9400; or by email at NaPuaMakanihcp@
fws.gov. If you use a
telecommunications device for the deaf,
please call the Federal Relay Service at
800–877–8339.
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Federal Register / Vol. 81, No. 222 / Thursday, November 17, 2016 / Notices
The Na
Pua Makani Power Partners, LLC
(applicant) a subsidiary of Champlin
Hawaii Wind Holdings, LLC, is
requesting an ITP for a 21-year permit
term to authorize take of the threatened
Newell’s shearwater (Puffinus newelli),
and the endangered Hawaiian stilt
(Himantopus mexicanus knudseni),
Hawaiian coot (Fulica americana alai),
Hawaiian moorhen, (Gallinula
chloropus sandvicensis), Hawaiian duck
(Anas wyvilliana), Hawaiian goose
(Branta sandvicensis), and Hawaiian
hoary bat (Lasiurus cinereus semotus)
that may occur as a result of the
construction and operation of the
project. Based on a public comment, the
applicant modified its HCP to reduce
the maximum number of wind turbines
that could be built from ten to nine. The
modified HCP also provides for an
increase in the maximum size of those
turbines to maintain the same
generating capacity. The Service is
providing an opportunity for the public
to review and comment on this
modified HCP. The Service has also
prepared the SEIS and is providing an
additional opportunity for public review
and comment on the modified proposed
action option (the refined Project design
with fewer but larger wind turbines).
asabaliauskas on DSK3SPTVN1PROD with NOTICES
SUPPLEMENTARY INFORMATION:
Background
The applicant proposes to construct
and operate the wind energy generation
project on approximately 707 acres of
public and private lands near the town
of Kahuku on the island of Oahu,
Hawaii. The proposed project, as
modified, would have a generating
capacity of up to approximately 25
megawatts (MW) and would supply
wind-generated electricity to the Hawaii
Electric Company. The project would
consist of up to nine wind turbine
generators (WTG), one permanent unguyed lattice-frame meteorological
tower, up to 4.9 miles of new and
existing access roads, an operations and
maintenance facility, electrical
collection and interconnection
infrastructure, an electrical substation,
and a temporary laydown area. The
applicant is considering a variety of
WTG models, each ranging from 427
feet to 656 feet in height, and having up
to 3.3 MW of generating capacity. The
applicant would select the most
appropriate WTG models prior to
construction. The SEIS analyzes
whether there would be any different
impacts to the covered species and other
environmental resources from the
modified proposed action.
To offset anticipated take associated
with construction and operation of the
project over a period of 21 years, the
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applicant is proposing mitigation
measures on Oahu that include: (1)
Funding research to support effective
management of Newell’s shearwaters;
(2) fencing and predator control to
conserve the Hawaiian goose at James
Campbell National Wildlife Refuge; (3)
a combination of bat research and native
forest restoration and management to
increase Hawaiian hoary bat habitat; (4)
acoustic surveys to document
occupancy of the affected area by the
Hawaiian hoary bat; and (5) fencing and
public outreach at Hamakua Marsh to
benefit conservation of the Hawaiian
stilt, Hawaiian coot, Hawaiian moorhen,
and Hawaiian duck.
National Environmental Policy Act
Compliance
The development of the HCP and the
proposed issuance of an ITP under this
plan are Federal actions that trigger the
need for compliance with NEPA (42
U.S.C. 4321 et seq.). The DEIS included
three alternatives: No-action (alternative
1), proposed action (alternative 2), and
a larger wind energy generation project
alternative (alternative 3). The option of
fewer but larger turbines was not
considered in the DEIS. In response to
a comment suggesting consideration of
an alternative with fewer turbines, we
included a modified proposed action in
the FEIS as alternative 2a.
Under the no-action alternative, the
proposed project would not be
constructed, the proposed HCP would
not be implemented, and no ITP would
be issued. The proposed action
alternative is construction and operation
of the project, consisting of between 8
and 10 wind turbines, implementation
of the HCP, and issuance of the ITP. In
response to public comments on the
draft EIS related to visual impacts and
consideration of fewer turbines with
larger generating capacities, a modified
proposed action option with a reduced
maximum number of turbines consisting
of only nine turbines with larger
generating capacities and taller
dimensions was added to the final EIS.
The modified proposed action option
also includes implementation of the
HCP and issuance of the ITP. The larger
wind energy generation project
alternative would include the
construction and operation of a larger
generation facility of up to 42 MW. This
alternative would consist of up to 12
WTGs, each with a generating capacity
of up to 3.3 MW, implementation of an
HCP, and issuance of the ITP.
In accordance with NEPA (40 CFR
1502.14(e)), the Service has identified
the proposed action (alternative 2)
including the modified proposed action
option (alternative 2a) as the preferred
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alternative. Under NEPA, the ‘‘agency’s
preferred alternative’’ is a preliminary
indication of the Federal responsible
official’s preference of action, which is
chosen from among the alternatives
analyzed in an EIS. It is the alternative
which the agency believes would fulfill
its statutory mission and
responsibilities, giving consideration to
economic, environmental, technical and
other factors (43 CFR 46.420(d)). The
preferred alternative is not a final
agency decision; rather, it is an
indication of the agency’s preference.
The final agency decision is presented
in the Record of Decision.
Based on input from the public, the
Service has concluded that providing an
additional opportunity for public review
of the modified HCP and SEIS would
further the purposes of the ESA and
NEPA. The SEIS provides the public
with an opportunity to review and
comment on the effects of the Modified
Proposed Action Alternative (the
refined project design with fewer but
larger wind turbines). Clarification on
the following topics is also included in
the SEIS:
• The effect of the modified proposed
action option on estimates of incidental
take of threatened and endangered
species (see SEIS Section 4.11—
Threatened and Endangered Species);
• Traffic and associated impacts
along the Kahuku Agricultural Park
Interior Roadway, accessing the DLNR
portion of the wind farm site (see SEIS
Section 4.17—Traffic); and
• Best available science regarding
wind turbines and public health (see
SEIS Section 4.18—Public Health and
Safety).
The Environmental Protection Agency’s
Role in the EIS Process
The Environmental Protection Agency
(EPA) is charged under section 309 of
the Clean Air Act to review all Federal
agencies’ EISs and to comment on the
adequacy and the acceptability of the
environmental impacts of proposed
actions described in the EISs.
EPA also serves as the repository (EIS
database) for EISs prepared by Federal
agencies and provides notice of their
availability in the Federal Register. The
EIS database provides information about
EISs prepared by Federal agencies, as
well as EPA’s comments concerning the
EISs. All EISs are filed with EPA, which
publishes a notice of availability on
Fridays in the Federal Register.
For more information, see https://
www.epa.gov/compliance/nepa/
eisdata.html. You may search for EPA
comments on EISs, along with the EISs
themselves, at https://
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asabaliauskas on DSK3SPTVN1PROD with NOTICES
cdxnodengn.epa.gov/cdx-enepa-public/
action/eis/search.
Public Involvement
The draft EIS began as a joint
document between the Service and The
State of Hawaii’s Department of Land
and Natural Resources (DLNR). Due to
differences in procedural requirements,
the environmental process diverged
after the draft EIS was published and
the project incorporated the modified
proposed action alternative.
In May of 2013, the applicant began
holding community meetings, small
focus group meetings with stakeholders,
and individual meetings with
community leaders and legislators to
discuss the proposed project and engage
the public in the project’s planning and
design.
On November 5, 2013, the Service
published a notice of intent (NOI) to
prepare a draft EIS in the Federal
Register (78 FR 66377). The NOI also
announced a public scoping period
(November 5 to December 5, 2013),
during which we invited interested
parties to provide written comments
related to the proposal. A public
scoping meeting was held in Kahuku,
Hawaii, on November 13, 2013, in
accordance with NEPA (40 CFR 1501.7).
Utilizing public scoping comments,
we prepared a draft EIS to analyze the
effects of project alternatives on the
human environment. The Service
published a notice of availability (NOA)
of the draft EIS in the Federal Register
on June 12, 2015 (80 FR 33535), opening
a 60-day public comment period. The
Service also posted the Federal Register
NOA, Notice of Public Scoping Meeting,
draft HCP, draft EIS, and a news release
on their Web site at https://www.fws.gov/
pacificislands/. A public open-house
meeting was held on June 23, 2015, in
Kahuku, Hawaii, to solicit additional
input from the public on the draft EIS
and draft HCP. A total of 90 comment
letters and emails were received from
the public. The official comment period
ended on August 11, 2015. The NOA of
the final EIS and final HCP was
published in the Federal Register by the
Service on July 12, 2016 (81 FR 45174–
45176), initiating a 30-day waiting
period.
The State of Hawaii’s environmental
impact statement preparation notice
(EISPN) was distributed to interested
parties for review between December 23,
2013, and January 23, 2014, and again
between November 8 and December 8,
2014 (republished to reflect the addition
of a second access into the project site).
During the initial public scoping period
for the EISPN, three public scoping
meetings were held at Kahuku
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21:24 Nov 16, 2016
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Community Center: On November 13,
2013, January 10, 2014, and November
19, 2014. In addition to the public
meetings, a media advisory was sent out
prior to each meeting. DLNR hosted a
public hearing at the Kahuku
Community Center on June 4, 2015. The
draft EIS was published in the State of
Hawaii Office of Environmental Quality
Control’s The Environmental Notice on
June 8, 2015, in accordance with
requirements set forth under the Hawaii
Environmental Policy Act (HRS § 343–
3). Public comments were accepted
during the 45-day State public comment
period. On April 23, 2016, DLNR
published a second draft EIS with an
additional 45-day State public comment
period to address the modified proposed
action option. The Board of Land and
Natural Resources published acceptance
of the final EIS in The Environmental
Notice on August 8, 2016, which
initiated a 60-day legal challenge period
that ended on October 8, 2016.
Next Steps
We will evaluate the permit
application, associated documents, and
public comments in reaching a final
decision on whether the application
meets the requirements of section 10(a)
of the ESA (16 U.S.C. 1531 et seq.). We
will evaluate whether the proposed
permit action would comply with
section 7 of the ESA by conducting an
intra-Service section 7 consultation on
the proposed permit action. We will use
the results of this consultation, in
combination with the above findings, in
our final analysis to determine whether
or not to issue an incidental take permit.
If the requirements are met, we will
issue the permit to the applicant. We
will issue a Record of Decision and
issue or deny the permit no sooner than
30 days after publication of the U.S.
Environmental Protection Agency’s
notice of availability of the SEIS.
Authority
We provide this notice in accordance
with the requirements of section 10(c) of
the ESA and its implementing
regulations (50 CFR 17.22 and 17.32),
and NEPA and its implementing
regulations (40 CFR 1506.6).
Theresa Rabot,
Deputy Regional Director, Pacific Region, U.S.
Fish and Wildlife Service, Portland, Oregon.
[FR Doc. 2016–27635 Filed 11–16–16; 8:45 am]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–HQ–MB–2016–N201; FF09M21200–
167–FXMB1231099BPP0]
Proposed Information Collection;
Approval Procedures for Nontoxic
Shot and Shot Coatings
Fish and Wildlife Service,
Interior.
ACTION: Notice; request for comments.
AGENCY:
We (U.S. Fish and Wildlife
Service) will ask the Office of
Management and Budget (OMB) to
approve the information collection (IC)
described below. As required by the
Paperwork Reduction Act of 1995 and
as part of our continuing efforts to
reduce paperwork and respondent
burden, we invite the general public and
other Federal agencies to take this
opportunity to comment on this IC. This
IC is scheduled to expire on January 31,
2017. We may not conduct or sponsor
and a person is not required to respond
to a collection of information unless it
displays a currently valid OMB control
number.
DATES: To ensure that we are able to
consider your comments on this IC, we
must receive them by January 17, 2017.
ADDRESSES: Send your comments on the
IC to the Information Collection
Clearance Officer, U.S. Fish and
Wildlife Service, MS BPHC, 5275
Leesburg Pike, Falls Church, VA 22041–
3803 (mail); or tina_campbell@fws.gov
(email). Please include ‘‘1018–0067’’ in
the subject line of your comments.
FOR FURTHER INFORMATION CONTACT: To
request additional information about
this IC, contact Tina Campbell at Tina_
Campbell@fws.gov (email) or 703–358–
2676 (telephone).
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Abstract
The Migratory Bird Treaty Act (16
U.S.C. 703 et seq.) prohibits the
unauthorized take of migratory birds
and authorizes the Secretary of the
Interior to regulate take of migratory
birds in the United States. Under this
authority, we control the hunting of
migratory game birds through
regulations in 50 CFR part 20. On
January 1, 1991, we banned the use of
lead shot for hunting waterfowl and
coots in the United States.
The regulations at 50 CFR 20.134
outline the application and approval
processes for new types of nontoxic
shot. When considering approval of a
candidate material as nontoxic, we must
ensure that it is not hazardous in the
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]]>Agencies
[Federal Register Volume 81, Number 222 (Thursday, November 17, 2016)]
[Notices]
[Pages 81151-81153]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27635]
=======================================================================
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R1-ES-2016-N185; FXES11120100000-167-FF01E00000]
Final Habitat Conservation Plan and Supplemental Final
Environmental Impact Statement; Na Pua Makani Wind Energy Project,
Oahu, Hawaii
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; notice of permit application; request
for comments.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), received an
incidental take permit application from Na Pua Makani Power Partners,
LLC, pursuant to the Endangered Species Act of 1973, as amended (ESA).
The requested permit would authorize the take of one threatened and six
endangered species caused by covered activities associated with a wind
energy generation project on the island of Oahu, Hawaii. The permit
application included the proposed Na Pua Makani Wind Energy Project
Habitat Conservation Plan (HCP), which described the activities that
may result in the incidental taking of listed species, and the measures
the applicant will take to minimize, mitigate, and monitor for adverse
impacts to the covered species. The applicant modified the proposed
action in the HCP in response to public comments and the modified HCP
is available for public review pursuant to this notice. The Service
also announces the availability of a Supplemental Final Environmental
Impact Statement (SEIS) addressing the modified proposed action in
accordance with the requirements of the National Environmental Policy
Act of 1969 (NEPA). If issued, the ITP would authorize incidental take
of the covered species that may occur as a result of the construction
and operation of the Na Pua Makani Wind Energy Project (Project) over a
21-year period. We are making the permit application package, including
the modified HCP and SEIS, available for public review and comment.
DATES: To ensure consideration, written comments must be received from
interested parties no later than December 19, 2016.
The Service's decision on issuance of an ITP will occur no sooner
than 30 days after the publication of the U.S. Environmental Protection
Agency's notice of the SEIS in the Federal Register and will be
documented in a Record of Decision (ROD). (For information about the
EPA notice, see The Environmental Protection Agency's Role in the EIS
Process under SUPPLEMENTARY INFORMATION.)
ADDRESSES: To request further information or submit written comments,
please use one of the following methods, and note that your information
request or comments are in reference to the Na Pua Makani Wind Energy
Project HCP.
Internet: Documents may be viewed and downloaded on the
Internet at https://www.fws.gov/pacificislands/.
Email: NaPuaMakanihcp@fws.gov.
U.S. Mail: You may obtain a compact disk with electronic
copies of these documents by writing to Mary Abrams, Field Supervisor;
U.S. Fish and Wildlife Service; Pacific Islands Fish and Wildlife
Office; 300 Ala Moana Boulevard, Room 3-122; Honolulu, HI 96850.
Telephone: Call 808-792-9400 during regular business
hours.
FOR FURTHER INFORMATION CONTACT: Ms. Jodi Charrier or Mr. Aaron Nadig,
U.S. Fish and Wildlife Service (see ADDRESSES); by telephone 808-792-
9400; or by email at NaPuaMakanihcp@fws.gov. If you use a
telecommunications device for the deaf, please call the Federal Relay
Service at 800-877-8339.
[[Page 81152]]
SUPPLEMENTARY INFORMATION: The Na Pua Makani Power Partners, LLC
(applicant) a subsidiary of Champlin Hawaii Wind Holdings, LLC, is
requesting an ITP for a 21-year permit term to authorize take of the
threatened Newell's shearwater (Puffinus newelli), and the endangered
Hawaiian stilt (Himantopus mexicanus knudseni), Hawaiian coot (Fulica
americana alai), Hawaiian moorhen, (Gallinula chloropus sandvicensis),
Hawaiian duck (Anas wyvilliana), Hawaiian goose (Branta sandvicensis),
and Hawaiian hoary bat (Lasiurus cinereus semotus) that may occur as a
result of the construction and operation of the project. Based on a
public comment, the applicant modified its HCP to reduce the maximum
number of wind turbines that could be built from ten to nine. The
modified HCP also provides for an increase in the maximum size of those
turbines to maintain the same generating capacity. The Service is
providing an opportunity for the public to review and comment on this
modified HCP. The Service has also prepared the SEIS and is providing
an additional opportunity for public review and comment on the modified
proposed action option (the refined Project design with fewer but
larger wind turbines).
Background
The applicant proposes to construct and operate the wind energy
generation project on approximately 707 acres of public and private
lands near the town of Kahuku on the island of Oahu, Hawaii. The
proposed project, as modified, would have a generating capacity of up
to approximately 25 megawatts (MW) and would supply wind-generated
electricity to the Hawaii Electric Company. The project would consist
of up to nine wind turbine generators (WTG), one permanent un-guyed
lattice-frame meteorological tower, up to 4.9 miles of new and existing
access roads, an operations and maintenance facility, electrical
collection and interconnection infrastructure, an electrical
substation, and a temporary laydown area. The applicant is considering
a variety of WTG models, each ranging from 427 feet to 656 feet in
height, and having up to 3.3 MW of generating capacity. The applicant
would select the most appropriate WTG models prior to construction. The
SEIS analyzes whether there would be any different impacts to the
covered species and other environmental resources from the modified
proposed action.
To offset anticipated take associated with construction and
operation of the project over a period of 21 years, the applicant is
proposing mitigation measures on Oahu that include: (1) Funding
research to support effective management of Newell's shearwaters; (2)
fencing and predator control to conserve the Hawaiian goose at James
Campbell National Wildlife Refuge; (3) a combination of bat research
and native forest restoration and management to increase Hawaiian hoary
bat habitat; (4) acoustic surveys to document occupancy of the affected
area by the Hawaiian hoary bat; and (5) fencing and public outreach at
Hamakua Marsh to benefit conservation of the Hawaiian stilt, Hawaiian
coot, Hawaiian moorhen, and Hawaiian duck.
National Environmental Policy Act Compliance
The development of the HCP and the proposed issuance of an ITP
under this plan are Federal actions that trigger the need for
compliance with NEPA (42 U.S.C. 4321 et seq.). The DEIS included three
alternatives: No-action (alternative 1), proposed action (alternative
2), and a larger wind energy generation project alternative
(alternative 3). The option of fewer but larger turbines was not
considered in the DEIS. In response to a comment suggesting
consideration of an alternative with fewer turbines, we included a
modified proposed action in the FEIS as alternative 2a.
Under the no-action alternative, the proposed project would not be
constructed, the proposed HCP would not be implemented, and no ITP
would be issued. The proposed action alternative is construction and
operation of the project, consisting of between 8 and 10 wind turbines,
implementation of the HCP, and issuance of the ITP. In response to
public comments on the draft EIS related to visual impacts and
consideration of fewer turbines with larger generating capacities, a
modified proposed action option with a reduced maximum number of
turbines consisting of only nine turbines with larger generating
capacities and taller dimensions was added to the final EIS. The
modified proposed action option also includes implementation of the HCP
and issuance of the ITP. The larger wind energy generation project
alternative would include the construction and operation of a larger
generation facility of up to 42 MW. This alternative would consist of
up to 12 WTGs, each with a generating capacity of up to 3.3 MW,
implementation of an HCP, and issuance of the ITP.
In accordance with NEPA (40 CFR 1502.14(e)), the Service has
identified the proposed action (alternative 2) including the modified
proposed action option (alternative 2a) as the preferred alternative.
Under NEPA, the ``agency's preferred alternative'' is a preliminary
indication of the Federal responsible official's preference of action,
which is chosen from among the alternatives analyzed in an EIS. It is
the alternative which the agency believes would fulfill its statutory
mission and responsibilities, giving consideration to economic,
environmental, technical and other factors (43 CFR 46.420(d)). The
preferred alternative is not a final agency decision; rather, it is an
indication of the agency's preference. The final agency decision is
presented in the Record of Decision.
Based on input from the public, the Service has concluded that
providing an additional opportunity for public review of the modified
HCP and SEIS would further the purposes of the ESA and NEPA. The SEIS
provides the public with an opportunity to review and comment on the
effects of the Modified Proposed Action Alternative (the refined
project design with fewer but larger wind turbines). Clarification on
the following topics is also included in the SEIS:
The effect of the modified proposed action option on
estimates of incidental take of threatened and endangered species (see
SEIS Section 4.11--Threatened and Endangered Species);
Traffic and associated impacts along the Kahuku
Agricultural Park Interior Roadway, accessing the DLNR portion of the
wind farm site (see SEIS Section 4.17--Traffic); and
Best available science regarding wind turbines and public
health (see SEIS Section 4.18--Public Health and Safety).
The Environmental Protection Agency's Role in the EIS Process
The Environmental Protection Agency (EPA) is charged under section
309 of the Clean Air Act to review all Federal agencies' EISs and to
comment on the adequacy and the acceptability of the environmental
impacts of proposed actions described in the EISs.
EPA also serves as the repository (EIS database) for EISs prepared
by Federal agencies and provides notice of their availability in the
Federal Register. The EIS database provides information about EISs
prepared by Federal agencies, as well as EPA's comments concerning the
EISs. All EISs are filed with EPA, which publishes a notice of
availability on Fridays in the Federal Register.
For more information, see https://www.epa.gov/compliance/nepa/eisdata.html. You may search for EPA comments on EISs, along with the
EISs themselves, at https://
[[Page 81153]]
cdxnodengn.epa.gov/cdx-enepa-public/action/eis/search.
Public Involvement
The draft EIS began as a joint document between the Service and The
State of Hawaii's Department of Land and Natural Resources (DLNR). Due
to differences in procedural requirements, the environmental process
diverged after the draft EIS was published and the project incorporated
the modified proposed action alternative.
In May of 2013, the applicant began holding community meetings,
small focus group meetings with stakeholders, and individual meetings
with community leaders and legislators to discuss the proposed project
and engage the public in the project's planning and design.
On November 5, 2013, the Service published a notice of intent (NOI)
to prepare a draft EIS in the Federal Register (78 FR 66377). The NOI
also announced a public scoping period (November 5 to December 5,
2013), during which we invited interested parties to provide written
comments related to the proposal. A public scoping meeting was held in
Kahuku, Hawaii, on November 13, 2013, in accordance with NEPA (40 CFR
1501.7).
Utilizing public scoping comments, we prepared a draft EIS to
analyze the effects of project alternatives on the human environment.
The Service published a notice of availability (NOA) of the draft EIS
in the Federal Register on June 12, 2015 (80 FR 33535), opening a 60-
day public comment period. The Service also posted the Federal Register
NOA, Notice of Public Scoping Meeting, draft HCP, draft EIS, and a news
release on their Web site at https://www.fws.gov/pacificislands/. A
public open-house meeting was held on June 23, 2015, in Kahuku, Hawaii,
to solicit additional input from the public on the draft EIS and draft
HCP. A total of 90 comment letters and emails were received from the
public. The official comment period ended on August 11, 2015. The NOA
of the final EIS and final HCP was published in the Federal Register by
the Service on July 12, 2016 (81 FR 45174-45176), initiating a 30-day
waiting period.
The State of Hawaii's environmental impact statement preparation
notice (EISPN) was distributed to interested parties for review between
December 23, 2013, and January 23, 2014, and again between November 8
and December 8, 2014 (republished to reflect the addition of a second
access into the project site). During the initial public scoping period
for the EISPN, three public scoping meetings were held at Kahuku
Community Center: On November 13, 2013, January 10, 2014, and November
19, 2014. In addition to the public meetings, a media advisory was sent
out prior to each meeting. DLNR hosted a public hearing at the Kahuku
Community Center on June 4, 2015. The draft EIS was published in the
State of Hawaii Office of Environmental Quality Control's The
Environmental Notice on June 8, 2015, in accordance with requirements
set forth under the Hawaii Environmental Policy Act (HRS Sec. 343-3).
Public comments were accepted during the 45-day State public comment
period. On April 23, 2016, DLNR published a second draft EIS with an
additional 45-day State public comment period to address the modified
proposed action option. The Board of Land and Natural Resources
published acceptance of the final EIS in The Environmental Notice on
August 8, 2016, which initiated a 60-day legal challenge period that
ended on October 8, 2016.
Next Steps
We will evaluate the permit application, associated documents, and
public comments in reaching a final decision on whether the application
meets the requirements of section 10(a) of the ESA (16 U.S.C. 1531 et
seq.). We will evaluate whether the proposed permit action would comply
with section 7 of the ESA by conducting an intra-Service section 7
consultation on the proposed permit action. We will use the results of
this consultation, in combination with the above findings, in our final
analysis to determine whether or not to issue an incidental take
permit. If the requirements are met, we will issue the permit to the
applicant. We will issue a Record of Decision and issue or deny the
permit no sooner than 30 days after publication of the U.S.
Environmental Protection Agency's notice of availability of the SEIS.
Authority
We provide this notice in accordance with the requirements of
section 10(c) of the ESA and its implementing regulations (50 CFR 17.22
and 17.32), and NEPA and its implementing regulations (40 CFR 1506.6).
Theresa Rabot,
Deputy Regional Director, Pacific Region, U.S. Fish and Wildlife
Service, Portland, Oregon.
[FR Doc. 2016-27635 Filed 11-16-16; 8:45 am]
BILLING CODE 4333-15-P
