Notice of Availability of a Draft Habitat Conservation Plan and Draft Environmental Assessment for the Lalamilo Wind Farm Repowering Project, Island of Hawaii, Hawaii, 56987-56990 [2017-25875]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 82, Number 230 (Friday, December 1, 2017)]
[Notices]
[Pages 56987-56990]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-25875]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R1-ES-2017-N123; FXES11140100000-178-FF01E00000]


Notice of Availability of a Draft Habitat Conservation Plan and 
Draft Environmental Assessment for the Lalamilo Wind Farm Repowering 
Project, Island of Hawaii, Hawaii

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comments.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have 
received an application from the Lalamilo Wind Company, LLC 
(applicant), for an incidental take permit (ITP) under the

[[Page 56988]]

Endangered Species Act of 1973, as amended (ESA). The applicant is 
requesting an ITP to authorize take of the endangered Hawaiian hoary 
bat and the endangered Hawaiian petrel. If issued, the ITP would 
authorize incidental take of these two species that may occur as a 
result of the operation of the Lalamilo Wind Farm Repowering Project 
(project). The ITP application includes a draft habitat conservation 
plan (HCP) describing the actions and the measures the applicant will 
implement to avoid, minimize, mitigate, and monitor incidental take of 
the two species. The Service also announces the availability of a draft 
environmental assessment (EA) that has been prepared in response to the 
ITP application in accordance with the requirements of the National 
Environmental Policy Act (NEPA). We are making the ITP application, 
including the draft HCP and the draft EA, available for public review 
and comment.

DATES: To ensure consideration, please send your written comments by 
January 16, 2018.

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 Lalamilo Wind Farm HCP, 
draft EA, and the proposed issuance of the ITP:
     Internet: Documents may be viewed on the internet at 
https://www.fws.gov/pacificislands/.
     Email: lalamilohcp_ea@fws.gov. Include ``Draft Lalamilo 
HCP and EA'' in the subject line of the message.
     U.S. Mail: Field Supervisor, U.S. Fish and Wildlife 
Service, Pacific Islands Fish and Wildlife Office, 300 Ala Moana 
Boulevard, Room 3-122, Honolulu, HI 96850.
     Fax: 808-792-9581, Attn: Field Supervisor. Include ``Draft 
Lalamilo HCP and EA'' in the subject line of the message.
     In-Person Drop-off, Viewing, or Pickup: Comments and 
materials received will be available for public inspection, by 
appointment, during normal business hours at the Pacific Islands Fish 
and Wildlife Office (address above). Written comments can be dropped 
off during regular business hours on or before the closing date of the 
public comment period (see DATES).

FOR FURTHER INFORMATION CONTACT: Michelle Bogardus (Maui Nui and Hawaii 
Geographic Team Manager), U.S. Fish and Wildlife Service by mail at the 
address in ADDRESSES; by telephone at 808-792-9400; or by email at 
lalamilohcp_ea@fws.gov. If you use a telecommunications device for the 
deaf, please call the Federal Relay Service at 800-877-8339.

SUPPLEMENTARY INFORMATION: The Service has received an ITP application 
from the Lalamilo Wind Company, LLC in accordance with the requirements 
of the ESA (16 U.S.C. 1531 et seq.). The applicant is requesting an ITP 
to authorize take of the endangered Hawaiian hoary bat (Lasiurus 
cinereus semotus) and the endangered Hawaiian Petrel (Pterodroma 
sandwichensis). Collectively, these two species are hereafter referred 
to as the covered species. If issued, the ITP would authorize 
incidental take of the covered species that may occur as a result of 
the operation of the project. The ITP application includes a draft HCP 
describing the actions and the measures the applicant will implement to 
avoid, minimize, mitigate, and monitor incidental take of the covered 
species. The Service also announces the availability of a draft EA that 
has been prepared in response to the ITP application in accordance with 
requirements of NEPA. We are making the ITP application, including the 
draft HCP and the draft EA, available for public review and comment.

Background

    Section 9 of the ESA prohibits the take of fish and wildlife 
species listed as endangered or threatened under section 4 of the ESA. 
Under the ESA, the term ``take'' means to harass, harm, pursue, hunt, 
shoot, wound, kill, trap, capture, or collect, or to attempt to engage 
in any such conduct (16 U.S.C. 1532(19)). The term ``harm,'' as defined 
in our regulations, includes significant habitat modification or 
degradation that results in death or injury to listed species by 
significantly impairing essential behavioral patterns, including 
breeding, feeding, or sheltering (50 CFR 17.3).
    However, under specified circumstances, the Service may issue 
permits that authorize take of federally listed species, provided the 
take is incidental to, but not the purpose of, an otherwise lawful 
activity. Regulations governing permits for endangered and threatened 
species are at 50 CFR 17.22 and 17.32, respectively. Section 
10(a)(1)(B) of the ESA contains provisions for issuing such incidental 
take permits to non-Federal entities for the take of endangered and 
threatened species, provided the following criteria are met:
    (1) The taking will be incidental;
    (2) The applicant will prepare a conservation plan that, to the 
maximum extent practicable, identifies the steps the applicant will 
take to minimize and mitigate the impact of such taking;
    (3) The applicant will ensure that adequate funding for the plan 
will be provided;
    (4) The taking will not appreciably reduce the likelihood of the 
survival and recovery of the species in the wild; and
    (5) The applicant will carry out any other measures that the 
Service may require as being necessary or appropriate for the purposes 
of the plan.

Proposed Action

    The applicant proposes to operate the project to provide 
electricity to eight existing water wells in the Lalamilo-Parker well 
system, which is located near the town of Kamuela, South Kohala 
District, Island of Hawaii, Hawaii. The Lalamilo Wind Farm was 
originally constructed in the mid-1980s with 120 wind turbines, with an 
installed generating capacity of 2.7 megawatts (MW). It was 
decommissioned in 2010 in anticipation of repowering the site. In 2013, 
the County of Hawaii Department of Water Supply (DWS) awarded the 
applicant a contract to design, build, and operate the wind farm and 
associated facilities for the project. Construction was completed in 
2016, and the applicant is currently curtailing the wind turbine 
generators so that only two turbines are operational at a time. The 
wind farm is located on approximately 126 acres of State-owned land 
leased by the DWS from the State of Hawaii's Department of Land and 
Natural Resources (DLNR) in South Kohala. The project area is zoned 
``agriculture'' and is surrounded on all sides by agricultural pastoral 
lands principally used for cattle (Bos taurus) grazing. The topography 
of the project area consists of a relatively flat plateau falling off 
to the west and north. Elevations range from 1,401 feet to 1,145 feet 
above mean sea level, with an average slope of 5 percent. Several 
small, dry gulches occur around the west and north portions of the 
project site.
    The project consists of five Vestas 660-kilowatt V47 wind turbines 
with a combined generating capacity of up to approximately 3.3 MW and 
an updated monitoring and control system to optimize the operations of 
the water well pumping system. Power is provided to Parker Wells 1 
through 4 and Lalamilo Wells A through D. The maximum blade tip height 
of the five turbines is 198.5 feet above ground level. Associated 
infrastructure includes a 197-foot-tall meteorological guyed tower, two 
88-foot-tall free-standing lattice radio towers, 1.3 miles of roads

[[Page 56989]]

to access the turbines, an electrical collection system, an operations 
and maintenance building, a new 1.3-mile-long, 13-kilovolt overhead 
electrical transmission line adjacent to the existing road, and updated 
switchgear and electrical interconnection equipment.
    The project is located on the island of Hawaii, where Hawaiian 
hoary bats are known to collide with wind turbine structures at the 
existing Pakini Nui 21-MW wind energy facility. The Hawaiian petrel and 
the Hawaiian hoary bat are also known to collide with wind turbine 
structures at the existing 30-MW Kaheawa Wind Power, the 21-MW Kaheawa 
Wind Power II, and the 21-MW Auwahi wind energy facilities on Maui. 
Acoustic monitoring indicates that the Hawaii hoary bat flies in the 
area occupied by the project's wind turbines. Hawaiian petrels may 
transgress over the project and may be affected by the applicant's 
activities associated with operation and maintenance of the project.
    The applicant has developed a draft HCP that addresses the 
incidental take of the two covered species that may occur as a result 
of the operation of the project over a period of 20 years. The draft 
HCP includes proposed measures the applicant will implement to avoid, 
minimize, mitigate, and monitor incidental take of the covered species. 
It is expected that only up to three of the five turbines will be in 
operation at any one time. All turbines blades will be curtailed (not 
rotating or rotating extremely slowly) from sunset to dusk, until wind 
speeds of 5.5 meters per second (m/s) are sustained for 10 minutes, at 
which time the blades would be pitched into the wind and begin rotating 
to generate power when needed for the water pumps. The applicant has 
also applied for a State of Hawaii incidental take license under Hawaii 
State law.
    To offset anticipated take impacts, the applicant is proposing 
mitigation measures on the island of Hawaii that include: (1) A 
combination of native forest restoration and management in the Kahuku 
section of Hawaii Volcanoes National Park to increase and improve 
Hawaiian hoary bat habitat; (2) acoustic surveys to document the 
occupancy of the Hawaiian hoary bat; and (3) funding of fence 
maintenance and predator control to protect the Hawaiian petrel in a 
vulnerable area of Hawaii Volcanoes National Park. The HCP incorporates 
adaptive management provisions to allow for modifications to the 
mitigation and monitoring measures as knowledge is gained during 
implementation of the HCP.
    The Service proposes to approve the HCP and to issue an ITP with a 
term of 20 years to the applicant for incidental take of the covered 
species caused by activities associated with the operation of the 
project, if permit issuance criteria are met.

National Environmental Policy Act Compliance

    The development of the draft HCP and the proposed issuance of an 
ITP under this plan is a Federal action that triggers the need for 
compliance with NEPA (42 U.S.C. 4321 et seq.). We have prepared a draft 
EA to analyze the environmental impacts of four alternatives related to 
the issuance of the ITP and implementation of the conservation program 
under the proposed HCP. The four alternatives include a no-action 
alternative, the proposed action, a no curtailment alternative, and an 
increased cut-in speed alternative.
    Under the no-action alternative, the Service would not authorize 
incidental take of the covered species. All facility turbines would be 
non-operational from sunset to sunrise--i.e., completely curtailed at 
night. This alternative would result in complete loss of renewable 
electricity production from approximately one hour before dusk to one 
hour after dawn. This alternative would reduce the risk of take of the 
two covered species. Incidental take of the covered species could occur 
during daytime operations, though the risk is negligible. Under this 
alternative the applicant would not have the regulatory assurance to 
avoid a potential violation of the ESA.
    The proposed action alternative is operation of the project, 
implementation of the HCP, and issuance of the ITP, as proposed. Under 
this alternative, all facility turbines would be non-operational 
(curtailed) from sunset to sunrise until winds of 5.5 m/s were 
sustained for 10 minutes, at which time the turbine blades would be 
pitched into the wind and begin rotating to generate power. It is 
expected that no more than three turbines would be operating 
simultaneously. The applicant would provide compensatory mitigation to 
offset the impacts of the taking on the covered species.
    Under the no curtailment alternative, the applicant would not 
implement curtailment from sunset to sunrise. This alternative would 
produce the most renewable energy. This alternative would result in an 
increase in the time during which the turbine blades would be 
rotational, particularly at lower wind speeds, and would present a 
greater risk of collision-related mortality to the covered species. The 
applicant would provide compensatory mitigation to offset the higher 
take of the covered species.
    Under the increased cut-in speed alternative, all facility turbines 
would be non-operational from sunset to sunrise until winds of 6.5 m/s 
were sustained for 10 minutes, at which time the turbine blades would 
be pitched into the wind and begin rotating to generate power. This 
alternative would produce less renewable energy than the proposed 
alternative. There is no certainty that incidental take of covered 
species would be reduced with the higher cut-in speed. The applicant 
would provide compensatory mitigation to offset the impacts of the 
taking on the covered species.

Public Comments

    You may submit your comments and materials by one of the methods 
listed in the ADDRESSES section. We specifically request information, 
views, and opinions from the public on our proposed Federal action, 
including identification of any other aspects of the human environment 
not already identified in the draft EA pursuant to NEPA regulations in 
the Code of Federal Regulations (CFR) at 40 CFR 1506.6. Further, we 
specifically solicit information regarding the adequacy of the HCP for 
the project pursuant to the requirements for ITPs at 50 CFR parts 13 
and 17.

Public Availability of Comments

    All comments and materials we receive become part of the public 
record associated with this action. Before including your address, 
phone number, email address, or other personally identifiable 
information in your comments, you should be aware that your entire 
comment--including your personally identifiable information--may be 
made publicly available at any time. While you can ask us in your 
comment to withhold your personally identifiable information from 
public review, we cannot guarantee that we will be able to do so. All 
submissions from organizations or businesses, and from individuals 
identifying themselves as representatives or officials of organizations 
or businesses, will be made available for public disclosure in their 
entirety. Comments and materials we receive, as well as supporting 
documentation we use in preparing the EA, will be available for public 
inspection by appointment, during normal business hours, at our Pacific 
Islands Field Office (see ADDRESSES).

[[Page 56990]]

Next Steps

    We will evaluate the ITP 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.). The HCP and EA may change in response to public comments. After 
completion of the EA, we will determine whether the proposed action 
warrants a finding of no significant impact or whether an environmental 
impact statement should be prepared. We will also evaluate whether the 
proposed ITP action would comply with the requirements of section 7 of 
the ESA by conducting a formal consultation on the proposed ITP 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 ITP. If the requirements are met, we will issue the ITP to the 
applicant. We will not make our final decision until after the end of 
the 45-day public comment period, and we will fully consider all 
comments and information we receive during the public comment period.

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).

    Dated: September 14, 2017.
Theresa E. Rabot,
Deputy Regional Director, Pacific Region, U.S. Fish and Wildlife 
Service, Portland, Oregon.
[FR Doc. 2017-25875 Filed 11-30-17; 8:45 am]
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