Availability of Record of Decision for Eagle Take Permits for the Chokecherry and Sierra Madre Phase I Wind Energy Project, 7852-7854 [2017-01346]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 82, Number 13 (Monday, January 23, 2017)]
[Notices]
[Pages 7852-7854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-01346]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R6-MB-2017-N008; FF06M00000-XXX-FRMB48720660090]


Availability of Record of Decision for Eagle Take Permits for the 
Chokecherry and Sierra Madre Phase I Wind Energy Project

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service or USFWS), 
have prepared a record of decision (ROD) on the final environmental 
impact statement (Final EIS) for Eagle Take Permits for the Chokecherry 
and Sierra Madre Phase I Wind Energy Project (CCSM Phase I Project). 
The ROD and Final EIS were prepared under the National Environmental 
Policy Act of 1969 (NEPA), as amended, in response to an application 
from Power Company of Wyoming LLC (PCW) for eagle take permits (ETPs) 
pursuant to the Bald and Golden Eagle Protection Act (BGEPA) and its 
implementing regulations. PCW has applied for both a standard and a 
programmatic ETP for the CCSM Phase I Project in Carbon County, 
Wyoming. The ROD is a concise statement of the purpose and need for the 
action, description of the project, the action alternatives considered, 
decisions made, and acceptable mitigation measures identified and 
committed to for avoiding or minimizing environmental impacts. The ROD 
also summarizes potential effects of the selected alternative, the 
public involvement process, and comments on the Final EIS.

ADDRESSES: Copies of the ROD are available at the Carbon County Library 
System at 215 West Buffalo Street, Rawlins, Wyoming; the Saratoga 
Public Library at 503 West Elm Street, Saratoga, Wyoming; the USFWS 
Wyoming Ecological Services Office at 5353 Yellowstone Road, Suite 
308A, Cheyenne, Wyoming (contact Nathan Darnall to coordinate access, 
at nathan_darnall@fws.gov or 307-772-2374 ext. 246); and the USFWS 
Region 6 Office at 134 South Union Boulevard, Lakewood, Colorado 
(contact Louise Galiher to coordinate access, at louise_galiher@fws.gov 
or 303-236-8677). The ROD, the Final EIS, the permit application and 
the supporting eagle conservation plan are also available 
electronically on the USFWS Web site at https://www.fws.gov/mountain-prairie/wind/ChokecherrySierraMadre/.
    You may contact us regarding the ROD via the following methods:
     Email: CCSM_EIS@fws.gov.
     U.S. Mail: Chokecherry and Sierra Madre EIS, U.S. Fish and 
Wildlife Service, Mountain-Prairie Region,

[[Page 7853]]

Attention: Louise Galiher, P.O. Box 25486 DFC, Denver, CO 80225.
     Hand-Delivery/Courier: Chokecherry and Sierra Madre EIS, 
U.S. Fish and Wildlife Service, Mountain-Prairie Region, Attention: 
Louise Galiher, 134 Union Blvd., Lakewood, CO 80228.

FOR FURTHER INFORMATION CONTACT: Louise Galiher, at 303-236-8677 
(phone) or louise_galiher@fws.gov (email); or Clint Riley, at 303-236-
5231 (phone) or clint_riley@fws.gov (email). Persons who use a 
telecommunications device for the deaf may call the Federal Relay 
Service at 1-800-877-8339 to contact the above individuals. The Federal 
Relay Service is available 24 hours a day, 7 days a week, for you to 
leave a message or question with the above individuals. You will 
receive a reply during normal business hours.

SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service 
(Service), have prepared a ROD on the Final EIS under NEPA, as amended 
(42 U.S.C. 4321 et seq.), in response to an application from PCW for 
ETPs pursuant to BGEPA, (16 U.S.C. 668-668c) and its implementing 
regulations. PCW has applied for both a standard and programmatic ETP 
for the CCSM Phase I Project in Carbon County, Wyoming.

Public Coordination

    As noted in the notice of availability for the Final EIS (81 FR 
89133, December 9, 2016), the public was notified of the intent to 
prepare an EIS, and was earlier notified of the availability of the 
Draft EIS for review and comment. The alternatives analyzed in the 
Draft EIS were carried forward for full analysis in the Final EIS. 
Agencies, tribes, organizations, and interested parties provided 
comments on the Draft EIS via mail, email, and public meetings, and the 
Final EIS via mail and email.

The Selected Alternative

    In the Final EIS, the Service analyzed four alternatives as 
described below. The Service identified the proposed action as the 
preferred alternative. In the ROD, the proposed action was identified 
as the selected alternative for implementation.
    Alternative 1: Proposed Action. Alternative 1 is for the Service to 
issue ETPs for the construction of the Phase I wind turbines and 
infrastructure components and for the operation of the Phase I CCSM 
project, based on the ETP applications submitted by PCW. The proposed 
action includes avoidance and minimization measures, best management 
practices, and compensatory mitigation described in detail in the EIS 
and in PCW's application and ECP. As compensatory mitigation PCW has 
proposed to retrofit existing high-risk power poles, thereby reducing 
ongoing eagle mortality from electrocution.

Other Alternatives Considered

    Four alternatives, including the proposed action, were analyzed in 
the Final EIS. The other three alternatives analyzed included:
    Alternative 2: Proposed Action with Different Mitigation. Under 
Alternative 2, the Service would issue ETPs for the construction and 
operation of the Phase I CCSM Project as under Alternative 1, but would 
require PCW to implement a different form of compensatory mitigation 
than proposed in its ETP applications. We considered mitigation of 
older wind facilities, lead abatement, carcass removal, carcass 
avoidance, wind conservation easements, habitat enhancement (focusing 
on prey habitat), and rehabilitation of injured eagles as possible 
alternative forms of compensatory mitigation.
    Alternative 3: Issue ETPs for Only the Phase I of Sierra Madre Wind 
Development Area. The Service received numerous comments during the 
scoping process requesting that we examine a different development 
scenario from that proposed by PCW. However, to issue an ETP, we must 
analyze a specific project and ECP to determine if it meets the 
requirements for an ETP. Alternative 3 represented an example of a 
different development scenario PCW could present in a new application 
if the Service were to determine that the Phase I CCSM Project would 
meet all the criteria for issuing an ETP, but not at the scale 
proposed. Alternative 3 was for the Service to issue ETPs for the 
construction of Phase I infrastructure and the construction and 
operation of wind turbines only in the Sierra Madre Wind Development 
Area (WDA) (298 turbines total). This alternative included avoidance 
and minimization measures, best management practices, and compensatory 
mitigation described in PCW's application as they apply to the Sierra 
Madre WDA.
    Alternative 4: No Action. Under Alternative 4, the Service would 
deny PCW standard and programmatic ETPs for construction and operation 
of the Phase I CCSM Project. In addition to being a potential outcome 
of the permit review process, analysis of the No Action alternative is 
required by Council on Environmental Quality (CEQ) regulations (40 CFR 
1502.14) and provides a baseline against which to compare the 
environmental impacts of the proposed action and other reasonable 
alternatives. ETPs are not required in order for PCW to construct and 
operate the project; therefore, if we deny the ETPs, PCW may choose to 
construct and operate the Phase I CCSM Project without ETPs and without 
adhering to an ECP. Alternative 4 analyzed both a ``No Build'' scenario 
and a ``Build Without ETPs'' scenario.

Environmentally Preferable Alternative

    After review of the programmatic ETP application and completion of 
the NEPA process, we determined that Alternative 3 (Issue ETPs for Only 
Phase I of Sierra Madre Wind Development Area) and the No Build option 
of Alternative 4 (No Action: Denial of ETPs) are the Environmentally 
Preferable Alternatives. Although Alternative 3 would result in lower 
eagle take and fewer environmental impacts than Alternative 1, we have 
not received a permit application for this or any other smaller subset 
of the CCSM Phase I Project. As described in the Final EIS, we 
considered Alternative 3 as an example of a different development 
scenario and stated that Alternative 3 would have been eligible for 
selection only if we were to determine that Alternative 1 did not meet 
regulatory criteria for a standard ETP and programmatic ETP. Because 
Alternative 1 did meet regulatory criteria, we did not select 
Alternative 3 for implementation.
    Because the Alternative 4 No Build option would result in no 
construction or operation impacts from developing the proposed CCSM 
Phase I Project, including no take of eagles, we have identified the No 
Build option as an Environmentally Preferred Alternative. However, 
because we find that Alternative 1 meets permitting regulatory 
criteria, and have identified no other basis for denying the ETP 
applications, we are not selecting Alternative 4. In addition, the No 
Build option of Alternative 4 would be inconsistent with Secretarial 
Order 3285, which encourages development of renewable energy generation 
projects in the United States. We also note that Alternative 4 would 
deny the ETP applications, but would not necessarily result in the No 
Build scenario, and that if Alternative 4 would result in the CCSM 
Phase I Project being built without conservation measures that would 
otherwise be required by an ETP, it would not constitute an 
environmentally preferred alternative.

[[Page 7854]]

Minimization of Impacts

    The Final EIS addresses public concerns, potential impacts, and 
methods to minimize impacts. The Service considered that all identified 
practicable means to avoid or minimize environmental impacts associated 
with implementing the selected alternative will be utilized.

Decision

    The Service's decision is to implement Alternative 1: Proposed 
Action, and issue a standard and a programmatic eagle take permit for 
the CCSM Phase I Project.
    This decision is based on the information contained in the Final 
EIS for Eagle Take Permits for the CCSM Phase I Project, which updated 
and supplemented the information contained in the Draft EIS.

National Environmental Policy Act Compliance

    Our decision of whether to issue standard and programmatic ETPs to 
PCW triggered compliance with NEPA. NEPA required the Service to 
analyze the direct, indirect, and cumulative impacts of the CCSM Phase 
I Project before we made our decision, and to make our analysis 
available to the public. We prepared the Final EIS to inform the public 
of our proposed permit action, alternatives to that action, the 
environmental impacts of the alternatives, and measures to minimize 
adverse environmental effects.

Authorities

    This notice is published in accordance with NEPA; the CEQ's 
regulations for implementing NEPA, 40 CFR parts 1500 through 1508; and 
the Department of the Interior's NEPA regulations, 43 CFR part 46.

Noreen Walsh,
Regional Director, USFWS Mountain-Prairie Region.
[FR Doc. 2017-01346 Filed 1-19-17; 8:45 am]
 BILLING CODE 4333-15-P