Notice of Intent To Prepare a Programmatic Environmental Impact Statement Addressing the Issuance of Incidental Take Permits for Four Wind Energy Projects in Hawai`i, 25475-25479 [2018-11821]
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Federal Register / Vol. 83, No. 106 / Friday, June 1, 2018 / Notices
governments a reasonable opportunity
to comment on such undertakings.
Next Steps
After the public review period is
complete and the Agencies have
reviewed the results, a list of comments
and responses will be compiled and
included in the Final EIS. The Agencies
will select a preferred alternative that
will be set forth in the Final EIS and
Draft Record of Decision (ROD). The
Final EIS and Draft ROD will be made
available to the public through an NOA
in the Federal Register.
Dated: May 25, 2018.
Karl H. Calvo,
Assistant Commissioner, Office of Facilities
and Asset Management, Office of Enterprise
Services, U.S. Customs and Border Protection.
Gregory C. Smith,
Acting Associate Deputy Chief, National
Forest System, U.S. Forest Service.
[FR Doc. 2018–11766 Filed 5–31–18; 8:45 am]
BILLING CODE 9111–14–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R1–ES–2018–N007];
[FXES11140100000–189–FF01E00000]
Notice of Intent To Prepare a
Programmatic Environmental Impact
Statement Addressing the Issuance of
Incidental Take Permits for Four Wind
Energy Projects in Hawai‘i
Fish and Wildlife Service,
Interior.
ACTION: Notice of intent; notice of public
scoping meetings; request for comments.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), intend to
prepare a draft programmatic
environmental impact statement
addressing the potential impacts on the
human environment caused by
alternatives described in habitat
conservation plans (HCPs) for four
similar wind energy projects. The HCPs
were submitted to the Service in
support of requests for incidental take
permits (ITPs) under the Endangered
Species Act authorizing the take of
endangered species. The proposed
permit actions involve a new HCP for
the Pakini Nui Wind Farm on the Island
of Hawai‘i and major amendments to
three existing HCPs addressing the
Auwahi Wind and Kaheawa Wind
Power II projects, both located on Maui,
and the Kawailoa Wind Power project,
located on O‘ahu. All four wind energy
facilities are already constructed and in
operation. The proposed ITP and
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SUMMARY:
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proposed ITP amendments would
address take of three endangered
species: The Hawaiian hoary bat, the
Hawaiian goose, and the Hawaiian
petrel.
The public scoping period begins
with the publication of this notice in the
Federal Register and will continue
through July 2, 2018. The Service will
consider all written comments on the
scope of the analysis that are received
or postmarked by this date.
Public meetings: The Service will
hold three public scoping meetings, one
each on the islands of Hawai‘i, Maui,
and O‘ahu, at the following times during
the scoping period:
• Hawai‘i: June 18, 2018, 6 to 8 p.m.
• Maui: June 20, 2018, 6 to 8 p.m.
• O‘ahu: June 21, 2018 6 to 8 p.m.
ADDRESSES: To request further
information or submit written
comments, please use one of the
following methods. Please include
‘‘Wind Energy HCPs and PEIS Scoping’’
in the subject line of your request,
message, or comment.
• 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, Hawai‘i 96850.
• Email: HIwindPEIS@fws.gov.
• Fax: 808–792–9580, Attn: Field
Supervisor.
• Internet: You may obtain copies of
this notice from the Service’s Pacific
Islands Fish and Wildlife Office in
Honolulu, Hawai‘i, or on the internet at
https://www.fws.gov/pacificislands/.
Public meetings: The three public
scoping meetings will be held at the
following locations:
• Hawai‘i: Na‘alehu Community
Center, 95–5635 Mamalahoa Hwy.,
Na‘alehu, Hawai‘i, HI 96772.
• Maui: Malcolm Center, 1305 North
¯
Holopono Street, Suite 5, Kıhei, Maui,
HI 96753
• O‘ahu: Sunset Beach Recreation
Center, 59–540 Kamehameha Hwy.,
Haleiwa, O‘ahu, HI 96712
FOR FURTHER INFORMATION CONTACT:
Darren LeBlanc, at 808–792–9403, or
Michelle Bogardus at 808–792–9473.
Persons who use a telecommunications
device for the deaf (TDD) may call the
Federal Relay Service (FRS) at 1–800–
877–8339 during normal business
hours. Also, FRS is available 24 hours
a day, 7 days a week, to leave a message
or question. You will receive a reply
during normal business hours.
SUPPLEMENTARY INFORMATION: We, the
U.S. Fish and Wildlife Service, are
initiating the National Environmental
Policy Act (NEPA) compliance process
related to four incidental take permit
DATES:
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25475
(ITP) applications under section 10 of
the Endangered Species Act, as
amended (ESA) (16 U.S.C. 1531 et seq.).
The applications are for four wind
energy projects in Hawai‘i. The
proposed ITPs (involving one new and
three amended ITPs) would authorize
take of the endangered Hawaiian hoary
¯
bat (ope‘ape‘a in Hawaiian; Lasiurus
cinereus semotus), the endangered
¯ ¯
Hawaiian goose (nene in Hawaiian;
Branta sandvicensis), and the
endangered Hawaiian petrel (‘ua‘u in
Hawaiian; Pterodroma sandwichensis).
The Service provides this notice to (1)
advise other Federal and State agencies,
local governments, and the general
public of our intent to prepare a
programmatic environmental impact
statement (PEIS); (2) announce the
initiation of a 30-day scoping period;
and (3) request information and
recommendations on the scope of the
issues to be included in the PEIS,
including input on the appropriateness
of our intent to develop a single PEIS
addressing project-specific alternatives
and cumulative impacts of the four
separate permit decisions, instead of
preparing an individual EIS for each of
the proposed permit actions. The four
wind energy facilities are already
constructed and in operation. Therefore,
the PEIS will address only effects
associated with the operation of the four
wind energy projects.
The PEIS will serve as the Service’s
documentation of compliance with
NEPA. The Service believes a
programmatic NEPA analysis of similar
wind energy project-related permit
decisions provides the following
benefits: A comprehensive analysis of
cumulative impacts across all projects; a
reduction in duplicative efforts between
projects; improved consistency in the
analysis; and a more efficient and
comprehensive solicitation of public
input.
Background
Section 9 of the ESA prohibits ‘‘take’’
of fish and wildlife species listed as
endangered or threatened. Under
section 3 of the ESA, the term ‘‘take’’
means to harass, harm, pursue, hunt,
shoot, wound, kill, trap, capture, or
collect, or attempt to engage in any such
conduct (16 U.S.C. 1532(19)). The term
‘‘harm’’ is further defined by regulation
in title 50 of the Code of Federal
Regulations as an act that actually kills
or injures wildlife. Such act may
include significant habitat modification
or degradation where it actually kills or
injures wildlife by significantly
impairing essential behavioral patterns,
including breeding, feeding, or
sheltering (50 CFR 17.3). The term
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‘‘harass’’ is also further defined in the
regulations as an intentional or
negligent act or omission that creates
the likelihood of injury to wildlife by
annoying it to such an extent as to
significantly disrupt normal behavioral
patterns, which include, but are not
limited to, breeding, feeding, or
sheltering (50 CFR 17.3).
Pursuant to section 10(a)(1)(B) of the
ESA, the Service may authorize take of
federally listed species, if such take
occurs incidental to otherwise legal
activities and a habitat conservation
plan (HCP) has been developed under
section 10(a)(2)(A) that describes: (1)
The impact that will likely result from
such taking; (2) the steps an applicant
will take to minimize and mitigate that
take to the maximum extent practicable
and the funding that will be available to
implement such steps; (3) alternative
actions to such taking that an applicant
considered and the reasons why such
alternatives are not being used; and (4)
other measures the Service may require
as being necessary or appropriate for the
purposes of the plan.
Section 10(a)(1)(B) of the ESA
contains provisions for issuing ITPs to
non-Federal entities for the take of
endangered and threatened species,
provided the following criteria are met:
(1) The taking will be incidental to
otherwise lawful activities; (2) an
applicant will, to the maximum extent
practicable, minimize and mitigate the
impacts of such taking; (3) an applicant
has ensured 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 we require as necessary or
appropriate for the purposes of the plan.
Regulations governing permits for
endangered and threatened species are
at 50 CFR 17.22 and 17.32, respectively.
The Service’s general permitting
regulations, found at 50 CFR 13.1–13.29,
also apply to these actions.
Proposed Action
The Service intends to prepare a PEIS
to evaluate the project-specific
alternatives and cumulative impacts of
four ITP decisions addressing a newly
proposed HCP for the Pakini Nui Wind
Farm and major amendments for three
existing HCPs for the Auwahi Wind,
Kawailoa Wind Power, and KWP II
wind energy projects. If these proposed
HCPs meet permit issuance criteria, the
Service would issue separate ITPs to
each of the four permit applicants. The
existing projects, the amount of take
authorized in their original ITP, and the
estimated levels of take in the proposed
new or amended HCPs (See Tables 1–3)
are briefly described below. The ITPs, if
issued, would authorize the incidental
take of listed species caused by the
operation of existing land-based wind
energy facilities.
TABLES 1–3—ESTIMATED CHANGE IN AUTHORIZED TAKE REQUESTED FOR THE HAWAIIAN HOARY BAT, THE HAWAIIAN
PETREL, AND THE HAWAIIAN GOOSE PER PROJECT APPLICANT
Take currently
authorized 1 2
Project
Total 3
Change
Table 1—Hawaiian Hoary Bat
Auwahi .......................................................................................................................
Kawailoa ....................................................................................................................
KWPII .........................................................................................................................
Pakini Nui ...................................................................................................................
21
60
11
NA
+176
+162
+27
+26
197
222
38
26
Total ....................................................................................................................
92
+391
483
Auwahi .......................................................................................................................
Kawailoa ....................................................................................................................
KWPII .........................................................................................................................
Pakini Nui ...................................................................................................................
87
0
43
NA
0
+7
0
+3
87
7
43
3
Total ....................................................................................................................
130
+10
140
Auwahi .......................................................................................................................
Kawailoa ....................................................................................................................
KWPII .........................................................................................................................
Pakini Nui ...................................................................................................................
5
0
30
NA
0
0
+14
+3
5
0
44
3
Total ....................................................................................................................
35
+17
52
Table 2—Hawaiian Petrel 4
Table 3—Hawaiian Goose 4
1 Take
for the Hawaiian hoary bat was originally authorized for adults and juveniles separately.
clarification issued in 2014 simplified the way in which indirect take (e.g., loss of dependent juveniles) associated with the mortality of a
breeding adult was accounted for and tracked. Juveniles were converted to adult equivalencies using calculations based on life-history information included in the respective original HCPs, resulting in authorized take represented as a whole number as opposed to listing adults and juveniles separately.
3 Represents the currently authorized take plus the new requested take.
4 Take amounts for these species are summed or combined for adults, subadults, nestlings, or eggs.
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2A
Auwahi Wind
The Auwahi Wind project began
commercial operation on December 28,
2012, and is located on Ulupalakua
Ranch in east Maui, Hawai‘i. Auwahi
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Wind Energy, LLC, was originally
issued an ITP from the Service and an
incidental take license (ITL) from the
Hawai‘i Department of Land and
Natural Resources Division of Forestry
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and Wildlife on February 24 and
February 9, 2012, respectively. The
Auwahi Wind project consists of eight
Siemens 3.0-megawatt (MW) wind
turbines, augmented with an 11–MW
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battery storage system. Ancillary
facilities include an underground
electrical collection system, an
operation and maintenance facility, an
approximately 9-mile 34.5-kilovolt (kV)
above-ground generator-tie line, and an
interconnection substation.
The original ITP and ITL, with 2014
amendments, authorized the following
amounts of incidental take over the 25year permit term: 21 Hawaiian hoary
bats; 87 Hawaiian petrels; 5 Hawaiian
geese; and Blackburn’s sphinx moths
(Manduca blackburni). The above levels
of take were anticipated to result from
project construction and operations,
including collision with vehicles,
generator tie-lines, substations, wind
turbines and other project structures.
Auwahi Wind Energy, LLC, is
requesting a permit amendment to
address a higher than anticipated
amount of take of the Hawaiian hoary
bat that has occurred during the first 5
years of operation. Auwahi Wind
Energy, LLC, is requesting incidental
take coverage for an additional
estimated 176 Hawaiian hoary bats (for
a total of 197 bats) over the 25-year
permit term, which expires in 2037.
Kawailoa Wind Power
The Kawailoa Wind Power project is
located approximately 4 miles from
Haleiwa town, on the north shore of the
island of O‘ahu, Hawai‘i, and began
commercial operations in November of
2012. Kawailoa Wind Power, LLC, was
issued an ITP and an ITL on December
8, 2011, and January 6, 2012,
respectively. The Kawailoa Wind Power
project consists of 30 2.3–MW wind
turbine generators. Ancillary facilities
include an underground electrical
collection system, an operation and
maintenance facility, and an
approximately 4.0-mile above-ground
transmission line.
The original ITP and ITL authorized
the following amounts of incidental take
over a 20-year permit term: 60 Hawaiian
hoary bats; 12 Hawaiian ducks (koloa
maoli; Anas wyvilliana); 18 Hawaiian
moorhen (‘alae ‘ula; Gallinula galeata
sandvicensis, also known as the
Hawaiian gallinule); 18 Hawaiian coots
(‘alae kea; Fulica americana alai); 24
Hawaiian stilts (kukuluae‘o;
Himantopus mexicanus knudseni); and
15 Newell’s shearwaters (‘a‘o; Puffinus
auricularis newelli). The above levels of
take were anticipated to result from
project construction and operations,
including collision with vehicles,
generator tie-lines, substations, wind
turbines, and other project structures.
Kawailoa Wind Power, LLC, is
requesting a permit amendment to
address a higher than anticipated
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amount of take of the Hawaiian hoary
bat that has occurred during the first 5
years of operation. Kawailoa Wind
Power, LLC, is requesting incidental
take coverage for an additional
estimated 162 Hawaiian hoary bats (for
a total of 222 bats), over the 20-year
permit term, which expires in 2031.
Additionally, in 2017, Kawailoa Wind
Power, LLC, documented the take of at
least one Hawaiian petrel at their project
site. Incidental take of this species was
not authorized in their existing ITP or
ITL; therefore, Kawailoa Wind Power,
LLC, is requesting incidental take
authorization for seven Hawaiian petrels
in their permit amendment.
Kaheawa Wind Power II
The Kaheawa Wind Power II (KWP II)
project is located at Kaheawa Pastures
¯
above Ma‘alaea town, in the
southwestern portion of the island of
Maui, Hawai‘i, and began commercial
operations in July 2012. KWP II, LLC,
was issued an ITP and an ITL in January
2012. The KWP II project consists of 14
1.5–MW wind turbine generators.
Ancillary facilities include an
underground electrical collection and
communication system, an operation
and maintenance facility, a battery
energy storage system, and an overhead
electrical transmission line connecting
the facility substation to the County’s
electrical grid.
The original ITP and ITL authorized
the following levels of incidental take
over the 20-year permit term, which
expires in 2032: 11 Hawaiian hoary bats,
30 Hawaiian geese, 8 Newell’s
shearwater, and 43 Hawaiian petrel. The
above levels of take were anticipated to
result from project construction and
operations, including collisions with
vehicles, generator tie-lines, substations,
wind turbines and other project
structures.
Kaheawa Wind Power II, LLC, is
requesting a permit amendment to
address a higher than anticipated
amount of take of the Hawaiian hoary
bat and the Hawaiian goose that has
occurred during the first 6 years of
operation. Kaheawa Wind Power II,
LLC, is requesting incidental take
authorization for an additional
estimated 27 Hawaiian hoary bats (for a
total of 38 bats) over the 20-year permit
term. Additionally, KWP II, LLC, is also
requesting incidental take authorization
for an additional estimated 14 Hawaiian
geese (for a total of 44 geese) over the
20-year permit term.
Pakini Nui Wind Farm
The Pakini Nui Wind Farm is
operated by Tawhiri Power, LLC, and is
located on Ka Lae or South Point on the
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25477
island of Hawai‘i, Hawai‘i. The Pakini
Nui Wind Farm is currently not covered
by a valid ITP or ITL, and Tawhiri
Power, LLC, has not previously applied
for an ITP or ITL. Tawhiri Power, LLC,
has submitted a draft HCP to support
their requests for an ITP and an ITL. The
Pakini Nui Wind Farm began operations
in April 2007 and consists of 14 1.5–
MW wind turbine generators. Ancillary
facilities include one mile of
underground connector lines, an
operation and maintenance building, a
substation, and an overhead electrical
transmission line connecting the facility
substation to the County’s electrical
grid. The entire project facility footprint
is 79.42 acres. Tawhiri Power, LLC, is
requesting incidental take authorization
for an estimated 26 Hawaiian hoary
bats, 3 Hawaiian petrels, and 3
Hawaiian geese over a 20-year permit
term.
Covered Species
The applicants are requesting
incidental take authorization for one or
more of the following species: The
endangered Hawaiian hoary bat; the
endangered Hawaiian goose; and the
endangered Hawaiian petrel. Three of
the applicants were authorized to take
other listed species in their original
ITPs; such take authorization would
remain unchanged by the currently
proposed amendments.
The Hawaiian hoary bat is the only
fully terrestrial, native mammal in the
Hawaiian Islands and was federally
listed as endangered under the ESA on
October 13, 1970 (35 FR 16047). The
Hawaiian hoary bat is nocturnal,
solitary, and small in size and is known
to collide with wind turbine structures.
Take of Hawaiian hoary bats at the three
currently permitted wind projects
(Auwahi Wind, Kawailoa Wind Power,
and KWP II) has been higher than
anticipated under their original HCPs.
The applicants assert that more recent
project-specific bat fatality data and use
of new statistical tools for estimating
and predicting take of bats provides
confidence that their revised estimates
of total project-related take of bats are
conservative and are unlikely to be
exceeded over the term of these projects.
The Hawaiian goose was listed as
endangered under the ESA on March 11,
1967 (32 FR 4001). The Hawaiian goose
is found in a variety of habitats
including scrubland, grassland, golf
courses, sparsely vegetated slopes, and
open lowland country. This species is
also known to collide with wind turbine
structures.
The Hawaiian petrel was listed as
endangered under the ESA on March 11,
1967 (32 FR 4001). The Hawaiian petrel
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is a seabird that breeds in high-elevation
volcanic terrain or in montane mesic
forests. When Hawaiian petrels fly over
land areas, they are vulnerable to
collision with manmade structures,
including wind turbines.
Draft Programmatic Environmental
Impact Statement
This notice was prepared pursuant to
NEPA (42 U.S.C. 4321 et seq.), and its
implementing regulations (40 CFR
1506.6), and pursuant to section 10(c) of
the ESA. For purposes of NEPA
compliance, preparation of an EIS is
required for actions that have the
potential to significantly impact the
human environment (40 CFR parts
1500–1508).
To determine whether a proposed
Federal action would require the
preparation of an EIS, the Service must
consider two distinct factors: Context
and intensity (40 CFR 1508.27, Service
and National Marine Fisheries Service
HCP Handbook 2016). Context refers to
the geographic scale (local, regional, or
national) of significance of short- and/or
long-term effects/impacts of a proposed
action. Intensity refers to the severity of
the effects/impacts relative to the
affected settings, including the degree to
which the proposed action affects: An
endangered or threatened species or
designated critical habitat; public health
or safety; scientific, historic or cultural
resources; or other aspects of the human
environment.
In determining whether the
preparation of an EIS is warranted, we
must also consider the 10 components
of intensity, as set forth under 40 CFR
1508.27(b):
1. Impacts that may be both beneficial
and adverse. A significant impact may
exist even if the Federal agency believes
that on balance the effect will be
beneficial.
2. The degree to which the proposed
action affects public health or safety.
3. Unique characteristics of the
geographic area such as proximity to
historic or cultural resources, park
lands, prime farmlands, wetlands, wild
and scenic rivers, or ecologically critical
areas.
4. The degree to which the effects on
the quality of the human environment
are likely to be highly controversial.
5. The degree to which the potential
impacts are highly uncertain or involve
unique or unknown risks.
6. The degree to which the action may
establish a precedent for future actions
with significant effects or represents a
decision in principle about a future
consideration.
7. Whether the action is related to
other actions with individually
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insignificant but cumulatively
significant impacts.
8. The degree to which the action may
adversely affect districts, sites,
highways, structures, or objects listed in
or eligible for listing in the National
Register of Historic Places or may cause
loss or destruction of significant
scientific, cultural, or historical
resources.
9. The degree to which the action may
adversely affect an endangered or
threatened species or its habitat that has
been determined to be critical under the
ESA.
10. Whether the action threatens a
violation of Federal, State, or local law
or requirements imposed for the
protection of the environment.
The Service performed internal NEPA
scoping for the four proposed ITP
actions and identified the
environmental issues requiring detailed
analysis and also identified connected,
similar, and cumulative actions. In this
case, and after considering the above
factors, the Service has determined that
the four proposed ITP actions have the
potential to significantly impact the
human environment as described in the
following paragraphs.
Nearly 30 percent of renewable energy
generated on the islands of Hawaii,
Maui, and O’ahu is sourced solely from
land-based wind. Combined, the four
proposed ITP actions would address 50
percent of the existing wind energy
operations in the State of Hawaii. Three
of the four ITP actions propose to
significantly increase their authorized
incidental take levels for the endangered
Hawaiian hoary bat. The applicants
assert that recent project-specific bat
fatality data and use of new statistical
tools account for unobserved fatalities
in estimating and predicting take of
bats. This information provides
confidence that their revised estimates
of total project-related take of bats are
conservative (high). There is a
significant amount of mathematical
uncertainty built into the projected take
estimate, such that permit applicants
believe take levels will not be exceeded
and any commensurate mitigation
proposed would provide a net
conservation benefit compared to the
actual take impact to the species.
Cumulatively, the four proposed
actions may have significant impacts to
the Hawaiian hoary bat or other
connected components of the human
environment. The Hawaiian hoary bat is
nocturnal, solitary, and small in size.
These qualities have made it difficult for
wildlife researchers to effectively study
this species, and as a result much of the
biological characteristics of the
Hawaiian hoary bat are relatively
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unknown. The permit applicants may
propose a suite of measures to mitigate
for take of the Hawaiian hoary bat,
including but not limited to: Habitat
restoration, land acquisition, and
scientific research to determine the
relative size and priority needs of the
Hawaiian hoary bat population. The
results of this scientific research are
intended to inform mitigation strategies
for the Hawaiian hoary bat. Given the
high level of uncertainty concerning
biological impacts and mitigation
efficacy, the context and intensity of
potential impacts of these permit
actions on the human environment are
likely to be locally and regionally
significant.
Examining the four proposed permit
actions individually, the Service
determined that each of the proposed
actions is of sufficient size and
complexity to warrant the preparation of
an EIS; is similar to previous permit
actions taken by the Service’s Pacific
Region that likewise required the
preparation of an EIS; and may have
significant effects on the human
environment. On that basis and in
accordance with regulations at 40 CFR
1501.4, 1507.3, and 1508.27, the Service
believes preparation of an EIS is
warranted to analyze the project-specific
and cumulative environmental impacts
associated with these four individual
proposed ITP actions. We do not intend
to prepare an environmental assessment
for any of these four ITP actions.
Similar Actions
In accordance with regulations at 40
CFR 1508.25, an agency may analyze
similar actions in the same impact
statement when this is the best way to
assess their combined impacts. Due to
the similarities between these four wind
energy projects including geography,
impacts to covered species, and
proposed minimization and mitigation
measures, the Service believes a
combined PEIS is the most efficient and
comprehensive approach for
considering the project-specific and
cumulative impacts of these actions on
the human environment. The PEIS will
ensure consistency and reduce
duplication in analysis across all
projects, support a comprehensive look
at cumulative impacts, and simplify
opportunities for public input and
engagement.
Request for Information
We intend to gather information
necessary to determine impacts and
alternatives of permit decisions,
regarding the potential issuance of
separate ITPs to each of the four wind
energy project applicants and the
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implementation of their supporting
HCPs. The primary purpose of the
scoping process is for the public and
other agencies to assist in developing
the PEIS by identifying important issues
and alternatives that should be
considered. However, this scoping
process would also be used to inform
single-project EISs if we determine it is
more appropriate to prepare a separate
EIS for each of the proposed permit
actions.
The Service is requesting data,
comments, new information, and/or
recommendations from the public, other
governmental agencies, the scientific
community, Native Hawaiian
organizations or entities, industry, or
other interested parties related to our
development of the PEIS or individual
EISs. We seek specific comments on:
1. Biological information and relevant
data (e.g., range, distribution,
population size, and population trends)
for the Hawaiian hoary bat, Hawaiian
goose, and the Hawaiian petrel;
2. Potential direct and indirect
impacts on the human environment that
would occur as a result of the continued
operation of these wind energy facilities
and the proposed increase in authorized
take of the Hawaiian hoary bat,
Hawaiian goose, and the Hawaiian
petrel;
3. Whether a programmatic NEPA
approach, as proposed, or separate
NEPA evaluations for each of the four
wind energy projects, is appropriate;
4. Possible alternatives to the
proposed ITP actions that the Service
should evaluate;
5. The presence of archaeological
sites, buildings and structures, historic
events, sacred and traditional areas, and
other historic preservation concerns in
the vicinity of any of the four wind
project sites, including their mitigation
areas, which are required to be
considered in project planning by the
National Historic Preservation Act; and
6. Other past, present, or reasonably
foreseeable future activities on the
islands of Oahu, Maui, and Hawaii that
may contribute to the cumulative
impact on the Hawaiian hoary bat,
Hawaiian goose, and the Hawaiian
petrel.
Once the draft PEIS (or individual
EISs) and draft HCPs are prepared, there
will be further opportunity for comment
on the content of these documents
through an additional public comment
period.
Public Availability of Comments
You may submit your comments and
materials by one of the methods listed
above in ADDRESSES. Before including
your address, phone number, email
VerDate Sep<11>2014
19:01 May 31, 2018
Jkt 244001
address, or other personal identifying
information in your comment, you
should be aware that your entire
comment(s)—including your personal
identifying information—may be made
publicly available at any time. While
you can ask us in your comment(s) to
withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so. Comments and materials we
receive, as well as supporting
documentation we use in preparing the
PEIS, will be available for public
inspection by appointment, during
normal business hours, at the Service’s
Pacific Islands Fish and Wildlife Office.
Reasonable Accommodation
Persons needing reasonable
accommodations to attend and
participate in the public meetings
should contact Darren LeBlanc or
Michelle Bogardus at the Service’s
Pacific Islands Fish and Wildlife Office
(see FOR FURTHER INFORMATION CONTACT).
To allow sufficient time to process
requests, please call no later than 14
days in advance of the meeting dates.
Authority
We provide this notice in accordance
with the requirements of section 10 of
the ESA (16 U.S.C. 1531 et seq.), and per
NEPA regulations (40 CFR 1501.7, 40
CFR 1506.5 and 1508.22).
Dated: January 31, 2018.
Theresa E. Rabot,
Deputy Regional Director, Pacific Region, U.S.
Fish and Wildlife Service.
[FR Doc. 2018–11821 Filed 5–31–18; 8:45 am]
published in the Federal Register on
November 14, 1979, and any and all
previous statutes.
DATES: This Ordinance takes effect July
2, 2018.
FOR FURTHER INFORMATION CONTACT: Mr.
Greg Norton, Tribal Government
Specialist, Northwest Regional Office,
Bureau of Indian Affairs, 911 Northeast
11th Avenue, Portland, OR 97232;
telephone: (503) 231–6702; fax: (503)
231–2201.
SUPPLEMENTARY INFORMATION: Pursuant
to the Act of August 15, 1953, Public
Law 83–277, 67 Stat. 586, 18 U.S.C.
1161, as interpreted by the Supreme
Court in Rice v. Rehner, 463 U.S. 713
(1983), the Secretary of the Interior shall
certify and publish in the Federal
Register notice of adopted liquor
ordinances for the purpose of regulating
liquor transactions in Indian country.
This notice is published in
accordance with the authority delegated
by the Secretary of the Interior to the
Assistant Secretary—Indian Affairs. I
certify that the Shoalwater Bay Indian
Tribe of the Shoalwater Bay Indian
Reservation adopted Resolution
Number: 02–16–18–07 (Liquor Control
Ordinance) on February 16, 2018. The
statute repeals and replaces the previous
liquor control ordinance published in
the Federal Register on November 14,
1979 (44 FR 65675).
Dated: May 14, 2018.
John Tahsuda,
Principal Deputy Assistant Secretary—Indian
Affairs, Exercising the Authority of the
Assistant Secretary—Indian Affairs.
SHOALWATER BAY INDIAN TRIBE
BILLING CODE 4333–15–P
TRIBAL CODE
DEPARTMENT OF THE INTERIOR
TITLE 10—LIQUOR CONTROL
Bureau of Indian Affairs
Chapter 10.1
[189A2100DD/AAKC001030/
A0A501010.999900 253G]
Section 10.1.01
Shoalwater Bay Indian Tribe of the
Shoalwater Bay Indian Reservation
Liquor Ordinance; Repeal and Replace
Bureau of Indian Affairs,
Interior.
ACTION: Notice.
AGENCY:
This notice publishes the
Shoalwater Bay Indian Tribe of the
Shoalwater Bay Indian Reservation (the
Tribe) Liquor Control Ordinance (the
Ordinance). The Ordinance certifies the
Tribe’s liquor licensing laws to regulate
and control the possession, sale, and
consumption of liquor within the
jurisdiction of the Tribe’s reservation.
The Ordinance repeals and replaces the
previous liquor control ordinance
SUMMARY:
PO 00000
Frm 00055
Fmt 4703
Sfmt 4703
General Provisions
Title
This Title shall be cited as the tribal
‘‘Liquor Control’’ code of the Shoalwater
Bay Indian Tribe.
Section 10.1.02
Authority
This title is enacted pursuant to the
Tribe’s inherent sovereignty and
pursuant to the provisions of the
Shoalwater Bay Tribal Constitution,
Article VI, Powers of the Tribal Council,
Section 1. Enumerated Powers,
subsections (e),(f) and (x) and in
conformity with the applicable laws of
the State of Washington to the extent
required under 18 U.S. C. § 1161.
Section 10.1.03
Tribal Laws
Relation to Other
Prior liquor control ordinances are
hereby repealed. Chapter 2.06 of the
E:\FR\FM\01JNN1.SGM
01JNN1
]]>Agencies
[Federal Register Volume 83, Number 106 (Friday, June 1, 2018)]
[Notices]
[Pages 25475-25479]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11821]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R1-ES-2018-N007]; [FXES11140100000-189-FF01E00000]
Notice of Intent To Prepare a Programmatic Environmental Impact
Statement Addressing the Issuance of Incidental Take Permits for Four
Wind Energy Projects in Hawai`i
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of intent; notice of public scoping meetings; request
for comments.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), intend to
prepare a draft programmatic environmental impact statement addressing
the potential impacts on the human environment caused by alternatives
described in habitat conservation plans (HCPs) for four similar wind
energy projects. The HCPs were submitted to the Service in support of
requests for incidental take permits (ITPs) under the Endangered
Species Act authorizing the take of endangered species. The proposed
permit actions involve a new HCP for the Pakini Nui Wind Farm on the
Island of Hawai`i and major amendments to three existing HCPs
addressing the Auwahi Wind and Kaheawa Wind Power II projects, both
located on Maui, and the Kawailoa Wind Power project, located on O`ahu.
All four wind energy facilities are already constructed and in
operation. The proposed ITP and proposed ITP amendments would address
take of three endangered species: The Hawaiian hoary bat, the Hawaiian
goose, and the Hawaiian petrel.
DATES: The public scoping period begins with the publication of this
notice in the Federal Register and will continue through July 2, 2018.
The Service will consider all written comments on the scope of the
analysis that are received or postmarked by this date.
Public meetings: The Service will hold three public scoping
meetings, one each on the islands of Hawai`i, Maui, and O`ahu, at the
following times during the scoping period:
Hawai`i: June 18, 2018, 6 to 8 p.m.
Maui: June 20, 2018, 6 to 8 p.m.
O`ahu: June 21, 2018 6 to 8 p.m.
ADDRESSES: To request further information or submit written comments,
please use one of the following methods. Please include ``Wind Energy
HCPs and PEIS Scoping'' in the subject line of your request, message,
or comment.
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, Hawai`i 96850.
Email: [email protected].
Fax: 808-792-9580, Attn: Field Supervisor.
Internet: You may obtain copies of this notice from the
Service's Pacific Islands Fish and Wildlife Office in Honolulu,
Hawai`i, or on the internet at https://www.fws.gov/pacificislands/.
Public meetings: The three public scoping meetings will be held at
the following locations:
Hawai`i: Na`alehu Community Center, 95-5635 Mamalahoa
Hwy., Na`alehu, Hawai`i, HI 96772.
Maui: Malcolm Center, 1305 North Holopono Street, Suite 5,
K[imacr]hei, Maui, HI 96753
O`ahu: Sunset Beach Recreation Center, 59-540 Kamehameha
Hwy., Haleiwa, O`ahu, HI 96712
FOR FURTHER INFORMATION CONTACT: Darren LeBlanc, at 808-792-9403, or
Michelle Bogardus at 808-792-9473. Persons who use a telecommunications
device for the deaf (TDD) may call the Federal Relay Service (FRS) at
1-800-877-8339 during normal business hours. Also, FRS is available 24
hours a day, 7 days a week, to leave a message or question. You will
receive a reply during normal business hours.
SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service, are
initiating the National Environmental Policy Act (NEPA) compliance
process related to four incidental take permit (ITP) applications under
section 10 of the Endangered Species Act, as amended (ESA) (16 U.S.C.
1531 et seq.). The applications are for four wind energy projects in
Hawai`i. The proposed ITPs (involving one new and three amended ITPs)
would authorize take of the endangered Hawaiian hoary bat
([omacr]pe`ape`a in Hawaiian; Lasiurus cinereus semotus), the
endangered Hawaiian goose (n[emacr]n[emacr] in Hawaiian; Branta
sandvicensis), and the endangered Hawaiian petrel (`ua`u in Hawaiian;
Pterodroma sandwichensis).
The Service provides this notice to (1) advise other Federal and
State agencies, local governments, and the general public of our intent
to prepare a programmatic environmental impact statement (PEIS); (2)
announce the initiation of a 30-day scoping period; and (3) request
information and recommendations on the scope of the issues to be
included in the PEIS, including input on the appropriateness of our
intent to develop a single PEIS addressing project-specific
alternatives and cumulative impacts of the four separate permit
decisions, instead of preparing an individual EIS for each of the
proposed permit actions. The four wind energy facilities are already
constructed and in operation. Therefore, the PEIS will address only
effects associated with the operation of the four wind energy projects.
The PEIS will serve as the Service's documentation of compliance
with NEPA. The Service believes a programmatic NEPA analysis of similar
wind energy project-related permit decisions provides the following
benefits: A comprehensive analysis of cumulative impacts across all
projects; a reduction in duplicative efforts between projects; improved
consistency in the analysis; and a more efficient and comprehensive
solicitation of public input.
Background
Section 9 of the ESA prohibits ``take'' of fish and wildlife
species listed as endangered or threatened. Under section 3 of the ESA,
the term ``take'' means to harass, harm, pursue, hunt, shoot, wound,
kill, trap, capture, or collect, or attempt to engage in any such
conduct (16 U.S.C. 1532(19)). The term ``harm'' is further defined by
regulation in title 50 of the Code of Federal Regulations as an act
that actually kills or injures wildlife. Such act may include
significant habitat modification or degradation where it actually kills
or injures wildlife by significantly impairing essential behavioral
patterns, including breeding, feeding, or sheltering (50 CFR 17.3). The
term
[[Page 25476]]
``harass'' is also further defined in the regulations as an intentional
or negligent act or omission that creates the likelihood of injury to
wildlife by annoying it to such an extent as to significantly disrupt
normal behavioral patterns, which include, but are not limited to,
breeding, feeding, or sheltering (50 CFR 17.3).
Pursuant to section 10(a)(1)(B) of the ESA, the Service may
authorize take of federally listed species, if such take occurs
incidental to otherwise legal activities and a habitat conservation
plan (HCP) has been developed under section 10(a)(2)(A) that describes:
(1) The impact that will likely result from such taking; (2) the steps
an applicant will take to minimize and mitigate that take to the
maximum extent practicable and the funding that will be available to
implement such steps; (3) alternative actions to such taking that an
applicant considered and the reasons why such alternatives are not
being used; and (4) other measures the Service may require as being
necessary or appropriate for the purposes of the plan.
Section 10(a)(1)(B) of the ESA contains provisions for issuing ITPs
to non-Federal entities for the take of endangered and threatened
species, provided the following criteria are met: (1) The taking will
be incidental to otherwise lawful activities; (2) an applicant will, to
the maximum extent practicable, minimize and mitigate the impacts of
such taking; (3) an applicant has ensured 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 we require as
necessary or appropriate for the purposes of the plan. Regulations
governing permits for endangered and threatened species are at 50 CFR
17.22 and 17.32, respectively. The Service's general permitting
regulations, found at 50 CFR 13.1-13.29, also apply to these actions.
Proposed Action
The Service intends to prepare a PEIS to evaluate the project-
specific alternatives and cumulative impacts of four ITP decisions
addressing a newly proposed HCP for the Pakini Nui Wind Farm and major
amendments for three existing HCPs for the Auwahi Wind, Kawailoa Wind
Power, and KWP II wind energy projects. If these proposed HCPs meet
permit issuance criteria, the Service would issue separate ITPs to each
of the four permit applicants. The existing projects, the amount of
take authorized in their original ITP, and the estimated levels of take
in the proposed new or amended HCPs (See Tables 1-3) are briefly
described below. The ITPs, if issued, would authorize the incidental
take of listed species caused by the operation of existing land-based
wind energy facilities.
Tables 1-3--Estimated Change in Authorized Take Requested for the Hawaiian Hoary Bat, the Hawaiian Petrel, and
the Hawaiian Goose per Project Applicant
----------------------------------------------------------------------------------------------------------------
Take currently
Project authorized 1 2 Change Total \3\
----------------------------------------------------------------------------------------------------------------
Table 1--Hawaiian Hoary Bat
----------------------------------------------------------------------------------------------------------------
Auwahi................................................. 21 +176 197
Kawailoa............................................... 60 +162 222
KWPII.................................................. 11 +27 38
Pakini Nui............................................. NA +26 26
--------------------------------------------------------
Total.............................................. 92 +391 483
----------------------------------------------------------------------------------------------------------------
Table 2--Hawaiian Petrel 4
----------------------------------------------------------------------------------------------------------------
Auwahi................................................. 87 0 87
Kawailoa............................................... 0 +7 7
KWPII.................................................. 43 0 43
Pakini Nui............................................. NA +3 3
--------------------------------------------------------
Total.............................................. 130 +10 140
----------------------------------------------------------------------------------------------------------------
Table 3--Hawaiian Goose 4
----------------------------------------------------------------------------------------------------------------
Auwahi................................................. 5 0 5
Kawailoa............................................... 0 0 0
KWPII.................................................. 30 +14 44
Pakini Nui............................................. NA +3 3
--------------------------------------------------------
Total.............................................. 35 +17 52
----------------------------------------------------------------------------------------------------------------
\1\ Take for the Hawaiian hoary bat was originally authorized for adults and juveniles separately.
\2\ A clarification issued in 2014 simplified the way in which indirect take (e.g., loss of dependent juveniles)
associated with the mortality of a breeding adult was accounted for and tracked. Juveniles were converted to
adult equivalencies using calculations based on life-history information included in the respective original
HCPs, resulting in authorized take represented as a whole number as opposed to listing adults and juveniles
separately.
\3\ Represents the currently authorized take plus the new requested take.
\4\ Take amounts for these species are summed or combined for adults, subadults, nestlings, or eggs.
Auwahi Wind
The Auwahi Wind project began commercial operation on December 28,
2012, and is located on Ulupalakua Ranch in east Maui, Hawai`i. Auwahi
Wind Energy, LLC, was originally issued an ITP from the Service and an
incidental take license (ITL) from the Hawai`i Department of Land and
Natural Resources Division of Forestry and Wildlife on February 24 and
February 9, 2012, respectively. The Auwahi Wind project consists of
eight Siemens 3.0-megawatt (MW) wind turbines, augmented with an 11-MW
[[Page 25477]]
battery storage system. Ancillary facilities include an underground
electrical collection system, an operation and maintenance facility, an
approximately 9-mile 34.5-kilovolt (kV) above-ground generator-tie
line, and an interconnection substation.
The original ITP and ITL, with 2014 amendments, authorized the
following amounts of incidental take over the 25-year permit term: 21
Hawaiian hoary bats; 87 Hawaiian petrels; 5 Hawaiian geese; and
Blackburn's sphinx moths (Manduca blackburni). The above levels of take
were anticipated to result from project construction and operations,
including collision with vehicles, generator tie-lines, substations,
wind turbines and other project structures.
Auwahi Wind Energy, LLC, is requesting a permit amendment to
address a higher than anticipated amount of take of the Hawaiian hoary
bat that has occurred during the first 5 years of operation. Auwahi
Wind Energy, LLC, is requesting incidental take coverage for an
additional estimated 176 Hawaiian hoary bats (for a total of 197 bats)
over the 25-year permit term, which expires in 2037.
Kawailoa Wind Power
The Kawailoa Wind Power project is located approximately 4 miles
from Haleiwa town, on the north shore of the island of O`ahu, Hawai`i,
and began commercial operations in November of 2012. Kawailoa Wind
Power, LLC, was issued an ITP and an ITL on December 8, 2011, and
January 6, 2012, respectively. The Kawailoa Wind Power project consists
of 30 2.3-MW wind turbine generators. Ancillary facilities include an
underground electrical collection system, an operation and maintenance
facility, and an approximately 4.0-mile above-ground transmission line.
The original ITP and ITL authorized the following amounts of
incidental take over a 20-year permit term: 60 Hawaiian hoary bats; 12
Hawaiian ducks (koloa maoli; Anas wyvilliana); 18 Hawaiian moorhen
(`alae `ula; Gallinula galeata sandvicensis, also known as the Hawaiian
gallinule); 18 Hawaiian coots (`alae kea; Fulica americana alai); 24
Hawaiian stilts (kukuluae`o; Himantopus mexicanus knudseni); and 15
Newell's shearwaters (`a`o; Puffinus auricularis newelli). The above
levels of take were anticipated to result from project construction and
operations, including collision with vehicles, generator tie-lines,
substations, wind turbines, and other project structures.
Kawailoa Wind Power, LLC, is requesting a permit amendment to
address a higher than anticipated amount of take of the Hawaiian hoary
bat that has occurred during the first 5 years of operation. Kawailoa
Wind Power, LLC, is requesting incidental take coverage for an
additional estimated 162 Hawaiian hoary bats (for a total of 222 bats),
over the 20-year permit term, which expires in 2031. Additionally, in
2017, Kawailoa Wind Power, LLC, documented the take of at least one
Hawaiian petrel at their project site. Incidental take of this species
was not authorized in their existing ITP or ITL; therefore, Kawailoa
Wind Power, LLC, is requesting incidental take authorization for seven
Hawaiian petrels in their permit amendment.
Kaheawa Wind Power II
The Kaheawa Wind Power II (KWP II) project is located at Kaheawa
Pastures above M[amacr]`alaea town, in the southwestern portion of the
island of Maui, Hawai`i, and began commercial operations in July 2012.
KWP II, LLC, was issued an ITP and an ITL in January 2012. The KWP II
project consists of 14 1.5-MW wind turbine generators. Ancillary
facilities include an underground electrical collection and
communication system, an operation and maintenance facility, a battery
energy storage system, and an overhead electrical transmission line
connecting the facility substation to the County's electrical grid.
The original ITP and ITL authorized the following levels of
incidental take over the 20-year permit term, which expires in 2032: 11
Hawaiian hoary bats, 30 Hawaiian geese, 8 Newell's shearwater, and 43
Hawaiian petrel. The above levels of take were anticipated to result
from project construction and operations, including collisions with
vehicles, generator tie-lines, substations, wind turbines and other
project structures.
Kaheawa Wind Power II, LLC, is requesting a permit amendment to
address a higher than anticipated amount of take of the Hawaiian hoary
bat and the Hawaiian goose that has occurred during the first 6 years
of operation. Kaheawa Wind Power II, LLC, is requesting incidental take
authorization for an additional estimated 27 Hawaiian hoary bats (for a
total of 38 bats) over the 20-year permit term. Additionally, KWP II,
LLC, is also requesting incidental take authorization for an additional
estimated 14 Hawaiian geese (for a total of 44 geese) over the 20-year
permit term.
Pakini Nui Wind Farm
The Pakini Nui Wind Farm is operated by Tawhiri Power, LLC, and is
located on Ka Lae or South Point on the island of Hawai`i, Hawai`i. The
Pakini Nui Wind Farm is currently not covered by a valid ITP or ITL,
and Tawhiri Power, LLC, has not previously applied for an ITP or ITL.
Tawhiri Power, LLC, has submitted a draft HCP to support their requests
for an ITP and an ITL. The Pakini Nui Wind Farm began operations in
April 2007 and consists of 14 1.5-MW wind turbine generators. Ancillary
facilities include one mile of underground connector lines, an
operation and maintenance building, a substation, and an overhead
electrical transmission line connecting the facility substation to the
County's electrical grid. The entire project facility footprint is
79.42 acres. Tawhiri Power, LLC, is requesting incidental take
authorization for an estimated 26 Hawaiian hoary bats, 3 Hawaiian
petrels, and 3 Hawaiian geese over a 20-year permit term.
Covered Species
The applicants are requesting incidental take authorization for one
or more of the following species: The endangered Hawaiian hoary bat;
the endangered Hawaiian goose; and the endangered Hawaiian petrel.
Three of the applicants were authorized to take other listed species in
their original ITPs; such take authorization would remain unchanged by
the currently proposed amendments.
The Hawaiian hoary bat is the only fully terrestrial, native mammal
in the Hawaiian Islands and was federally listed as endangered under
the ESA on October 13, 1970 (35 FR 16047). The Hawaiian hoary bat is
nocturnal, solitary, and small in size and is known to collide with
wind turbine structures. Take of Hawaiian hoary bats at the three
currently permitted wind projects (Auwahi Wind, Kawailoa Wind Power,
and KWP II) has been higher than anticipated under their original HCPs.
The applicants assert that more recent project-specific bat fatality
data and use of new statistical tools for estimating and predicting
take of bats provides confidence that their revised estimates of total
project-related take of bats are conservative and are unlikely to be
exceeded over the term of these projects.
The Hawaiian goose was listed as endangered under the ESA on March
11, 1967 (32 FR 4001). The Hawaiian goose is found in a variety of
habitats including scrubland, grassland, golf courses, sparsely
vegetated slopes, and open lowland country. This species is also known
to collide with wind turbine structures.
The Hawaiian petrel was listed as endangered under the ESA on March
11, 1967 (32 FR 4001). The Hawaiian petrel
[[Page 25478]]
is a seabird that breeds in high-elevation volcanic terrain or in
montane mesic forests. When Hawaiian petrels fly over land areas, they
are vulnerable to collision with manmade structures, including wind
turbines.
Draft Programmatic Environmental Impact Statement
This notice was prepared pursuant to NEPA (42 U.S.C. 4321 et seq.),
and its implementing regulations (40 CFR 1506.6), and pursuant to
section 10(c) of the ESA. For purposes of NEPA compliance, preparation
of an EIS is required for actions that have the potential to
significantly impact the human environment (40 CFR parts 1500-1508).
To determine whether a proposed Federal action would require the
preparation of an EIS, the Service must consider two distinct factors:
Context and intensity (40 CFR 1508.27, Service and National Marine
Fisheries Service HCP Handbook 2016). Context refers to the geographic
scale (local, regional, or national) of significance of short- and/or
long-term effects/impacts of a proposed action. Intensity refers to the
severity of the effects/impacts relative to the affected settings,
including the degree to which the proposed action affects: An
endangered or threatened species or designated critical habitat; public
health or safety; scientific, historic or cultural resources; or other
aspects of the human environment.
In determining whether the preparation of an EIS is warranted, we
must also consider the 10 components of intensity, as set forth under
40 CFR 1508.27(b):
1. Impacts that may be both beneficial and adverse. A significant
impact may exist even if the Federal agency believes that on balance
the effect will be beneficial.
2. The degree to which the proposed action affects public health or
safety.
3. Unique characteristics of the geographic area such as proximity
to historic or cultural resources, park lands, prime farmlands,
wetlands, wild and scenic rivers, or ecologically critical areas.
4. The degree to which the effects on the quality of the human
environment are likely to be highly controversial.
5. The degree to which the potential impacts are highly uncertain
or involve unique or unknown risks.
6. The degree to which the action may establish a precedent for
future actions with significant effects or represents a decision in
principle about a future consideration.
7. Whether the action is related to other actions with individually
insignificant but cumulatively significant impacts.
8. The degree to which the action may adversely affect districts,
sites, highways, structures, or objects listed in or eligible for
listing in the National Register of Historic Places or may cause loss
or destruction of significant scientific, cultural, or historical
resources.
9. The degree to which the action may adversely affect an
endangered or threatened species or its habitat that has been
determined to be critical under the ESA.
10. Whether the action threatens a violation of Federal, State, or
local law or requirements imposed for the protection of the
environment.
The Service performed internal NEPA scoping for the four proposed
ITP actions and identified the environmental issues requiring detailed
analysis and also identified connected, similar, and cumulative
actions. In this case, and after considering the above factors, the
Service has determined that the four proposed ITP actions have the
potential to significantly impact the human environment as described in
the following paragraphs.
Nearly 30 percent of renewable energy generated on the islands of
Hawaii, Maui, and O'ahu is sourced solely from land-based wind.
Combined, the four proposed ITP actions would address 50 percent of the
existing wind energy operations in the State of Hawaii. Three of the
four ITP actions propose to significantly increase their authorized
incidental take levels for the endangered Hawaiian hoary bat. The
applicants assert that recent project-specific bat fatality data and
use of new statistical tools account for unobserved fatalities in
estimating and predicting take of bats. This information provides
confidence that their revised estimates of total project-related take
of bats are conservative (high). There is a significant amount of
mathematical uncertainty built into the projected take estimate, such
that permit applicants believe take levels will not be exceeded and any
commensurate mitigation proposed would provide a net conservation
benefit compared to the actual take impact to the species.
Cumulatively, the four proposed actions may have significant
impacts to the Hawaiian hoary bat or other connected components of the
human environment. The Hawaiian hoary bat is nocturnal, solitary, and
small in size. These qualities have made it difficult for wildlife
researchers to effectively study this species, and as a result much of
the biological characteristics of the Hawaiian hoary bat are relatively
unknown. The permit applicants may propose a suite of measures to
mitigate for take of the Hawaiian hoary bat, including but not limited
to: Habitat restoration, land acquisition, and scientific research to
determine the relative size and priority needs of the Hawaiian hoary
bat population. The results of this scientific research are intended to
inform mitigation strategies for the Hawaiian hoary bat. Given the high
level of uncertainty concerning biological impacts and mitigation
efficacy, the context and intensity of potential impacts of these
permit actions on the human environment are likely to be locally and
regionally significant.
Examining the four proposed permit actions individually, the
Service determined that each of the proposed actions is of sufficient
size and complexity to warrant the preparation of an EIS; is similar to
previous permit actions taken by the Service's Pacific Region that
likewise required the preparation of an EIS; and may have significant
effects on the human environment. On that basis and in accordance with
regulations at 40 CFR 1501.4, 1507.3, and 1508.27, the Service believes
preparation of an EIS is warranted to analyze the project-specific and
cumulative environmental impacts associated with these four individual
proposed ITP actions. We do not intend to prepare an environmental
assessment for any of these four ITP actions.
Similar Actions
In accordance with regulations at 40 CFR 1508.25, an agency may
analyze similar actions in the same impact statement when this is the
best way to assess their combined impacts. Due to the similarities
between these four wind energy projects including geography, impacts to
covered species, and proposed minimization and mitigation measures, the
Service believes a combined PEIS is the most efficient and
comprehensive approach for considering the project-specific and
cumulative impacts of these actions on the human environment. The PEIS
will ensure consistency and reduce duplication in analysis across all
projects, support a comprehensive look at cumulative impacts, and
simplify opportunities for public input and engagement.
Request for Information
We intend to gather information necessary to determine impacts and
alternatives of permit decisions, regarding the potential issuance of
separate ITPs to each of the four wind energy project applicants and
the
[[Page 25479]]
implementation of their supporting HCPs. The primary purpose of the
scoping process is for the public and other agencies to assist in
developing the PEIS by identifying important issues and alternatives
that should be considered. However, this scoping process would also be
used to inform single-project EISs if we determine it is more
appropriate to prepare a separate EIS for each of the proposed permit
actions.
The Service is requesting data, comments, new information, and/or
recommendations from the public, other governmental agencies, the
scientific community, Native Hawaiian organizations or entities,
industry, or other interested parties related to our development of the
PEIS or individual EISs. We seek specific comments on:
1. Biological information and relevant data (e.g., range,
distribution, population size, and population trends) for the Hawaiian
hoary bat, Hawaiian goose, and the Hawaiian petrel;
2. Potential direct and indirect impacts on the human environment
that would occur as a result of the continued operation of these wind
energy facilities and the proposed increase in authorized take of the
Hawaiian hoary bat, Hawaiian goose, and the Hawaiian petrel;
3. Whether a programmatic NEPA approach, as proposed, or separate
NEPA evaluations for each of the four wind energy projects, is
appropriate;
4. Possible alternatives to the proposed ITP actions that the
Service should evaluate;
5. The presence of archaeological sites, buildings and structures,
historic events, sacred and traditional areas, and other historic
preservation concerns in the vicinity of any of the four wind project
sites, including their mitigation areas, which are required to be
considered in project planning by the National Historic Preservation
Act; and
6. Other past, present, or reasonably foreseeable future activities
on the islands of Oahu, Maui, and Hawaii that may contribute to the
cumulative impact on the Hawaiian hoary bat, Hawaiian goose, and the
Hawaiian petrel.
Once the draft PEIS (or individual EISs) and draft HCPs are
prepared, there will be further opportunity for comment on the content
of these documents through an additional public comment period.
Public Availability of Comments
You may submit your comments and materials by one of the methods
listed above in ADDRESSES. Before including your address, phone number,
email address, or other personal identifying information in your
comment, you should be aware that your entire comment(s)--including
your personal identifying information--may be made publicly available
at any time. While you can ask us in your comment(s) to withhold your
personal identifying information from public review, we cannot
guarantee that we will be able to do so. Comments and materials we
receive, as well as supporting documentation we use in preparing the
PEIS, will be available for public inspection by appointment, during
normal business hours, at the Service's Pacific Islands Fish and
Wildlife Office.
Reasonable Accommodation
Persons needing reasonable accommodations to attend and participate
in the public meetings should contact Darren LeBlanc or Michelle
Bogardus at the Service's Pacific Islands Fish and Wildlife Office (see
FOR FURTHER INFORMATION CONTACT). To allow sufficient time to process
requests, please call no later than 14 days in advance of the meeting
dates.
Authority
We provide this notice in accordance with the requirements of
section 10 of the ESA (16 U.S.C. 1531 et seq.), and per NEPA
regulations (40 CFR 1501.7, 40 CFR 1506.5 and 1508.22).
Dated: January 31, 2018.
Theresa E. Rabot,
Deputy Regional Director, Pacific Region, U.S. Fish and Wildlife
Service.
[FR Doc. 2018-11821 Filed 5-31-18; 8:45 am]
BILLING CODE 4333-15-P
