Record of Decision for the Final Environmental Impact Statement for the Na Pua Makani Wind Energy Project, Oahu, HI, 49941-49943 [2018-21457]
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Federal Register / Vol. 83, No. 192 / Wednesday, October 3, 2018 / Notices
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Dated: September 27, 2018.
Samantha L. Deshommes,
Chief, Regulatory Coordination Division,
Office of Policy and Strategy, U.S. Citizenship
and Immigration Services, Department of
Homeland Security.
[FR Doc. 2018–21489 Filed 10–2–18; 8:45 am]
BILLING CODE 9111–97–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R1–ES–2018–N108;
FXES11140100000–189–FF01E00000]
daltland on DSKBBV9HB2PROD with NOTICES
Record of Decision for the Final
Environmental Impact Statement for
the Na Pua Makani Wind Energy
Project, Oahu, HI
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability; record of
decision.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), announce the
availability of a record of decision
SUMMARY:
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(ROD) for proposed issuance of an
Endangered Species Act (ESA) permit
for the Na Pua Makani Wind Energy
Project (project) and habitat
conservation plan (HCP). The ROD
documents the Service’s decision to
issue an incidental take permit (ITP) to
Na Pua Makani Power Partners, LLC
(applicant). As summarized in the ROD,
the Service has selected Alternative
2a—the Modified Proposed Action,
which includes implementation of the
HCP and issuance of the ITP authorizing
incidental take of one threatened and
six endangered species listed under the
ESA that may occur as a result of
construction and operation of the
project over a 21-year period.
ADDRESSES: You may obtain copies of
the ROD and other documents
associated with the decision by the
following methods.
• Internet: Documents may be viewed
and downloaded on the internet at
https://www.fws.gov/pacificislands/.
• U.S. Mail: You may obtain a CD–
ROM with electronic copies of these
documents if you make a request within
30 days after the date of publication of
this notice by writing to Mary Abrams,
Field Supervisor, U.S. Fish and Wildlife
Service, Pacific Islands Fish and
Wildlife Office, 300 Ala Moana
Boulevard, Room 3–122, Honolulu, HI
96850.
• Telephone: Call 808–792–9400
during regular business hours.
FOR FURTHER INFORMATION CONTACT: Mr.
Aaron Nadig (Deputy Field Supervisor),
by telephone at 808–792–9400, by
Federal Relay Service at 800–877–8339,
or by mail to the U.S. Fish and Wildlife
Service (see ADDRESSES).
SUPPLEMENTARY INFORMATION: We, the
U.S. Fish and Wildlife Service (Service),
announce the availability of a record of
decision (ROD) for proposed issuance of
an Endangered Species Act (ESA)
section 10(a)(1)(B) permit for the Na Pua
Makani Wind Energy Project (project)
and habitat conservation plan (HCP).
The ROD documents the Service’s
decision to issue an incidental take
permit (ITP) to Na Pua Makani Power
Partners, LLC (applicant). As
summarized in the ROD, the Service has
selected Alternative 2a—the Modified
Proposed Action (described below),
which includes implementation of the
HCP and issuance of the ITP authorizing
incidental take of one threatened and
six endangered species listed under the
ESA that may occur as a result of
construction and operation of the
project over a 21-year period.
We are advising the public of the
availability of the ROD, developed in
compliance with the agency decision-
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49941
making requirements of the National
Environmental Policy Act of 1969, as
amended (NEPA), as well as the final
HCP as submitted by the applicant. All
alternatives have been described in
detail, evaluated, and analyzed in our
final EIS (FEIS) and supplemental EIS
(SEIS). Our notice of availability of the
FEIS and HCP was published in the
Federal Register on July 12, 2016 (81 FR
45174).
The Council of Environmental Quality
regulations require agencies to prepare
supplements to either draft or final EISs
if there are substantial changes in the
proposed action that are relevant to
environmental concerns or there are
significant new circumstances or
information relevant to environmental
concerns that bear on the proposed
action or its impacts; SEISs may also be
prepared if the lead agency determines
that the purpose of NEPA will be
furthered by doing so. After reviewing
comments received after issuance of the
Draft EIS (DEIS), the Service worked
with the applicant to develop a
modified action to address some of the
comments received. Accordingly, the
Service determined that publishing an
SEIS and providing an additional
opportunity for public review on
Alternative 2a would further the
purposes of NEPA and the ESA. The
SEIS and HCP were noticed in the
Federal Register on November 17, 2016
(81 FR 81151).
Background
Na Pua Makani Power Partners
proposes to construct and operate the
project near the town of Kahuku in the
Koolauloa District of the City and
County of Honolulu on the Island of
Oahu, Hawaii. The project would
consist of up to 9 wind turbine
generators (WTGs) with a net generating
capacity of up to approximately 25
megawatts (MW), located within a
project site of approximately 707 acres.
The site includes portions of two
parcels leased from the Hawaii
Department of Land and Natural
Resources (DLNR), State-owned access
areas, and privately owned lands. The
site is located almost entirely within the
State agricultural land use district.
Na Pua Makani Power Partners
applied to the Service for an ITP under
ESA section 10(a)(1)(B). The ITP is for
a 21-year permit term and authorizes
take of the threatened Newell’s
shearwater (Puffinus newelli), and the
endangered Hawaiian stilt (Himantopus
mexicanus knudseni), Hawaiian coot
(Fulica americana alai), Hawaiian
moorhen (Gallinula chloropus
sandvicensis), Hawaiian duck (Anas
wyvilliana), Hawaiian goose (Branta
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Federal Register / Vol. 83, No. 192 / Wednesday, October 3, 2018 / Notices
sandvicensis), and the Hawaiian hoary
bat (Lasiurus cinereus semotus)
(collectively these species are hereafter
referred to as the ‘‘covered species’’)
that may occur as a result of the
construction and operation of the
project.
The applicant developed a final HCP
that addresses the incidental take of the
seven covered species that may occur as
a result of the construction and
operation of the project over a period of
21 years. The HCP details measures the
applicant will implement to minimize,
mitigate, and monitor incidental take of
the covered species.
The Service prepared an FEIS and
SEIS pursuant to the requirements of
NEPA in response to the permit
application because issuance of an ITP
by the Service is a Federal action that
may affect the quality of the human
environment.
daltland on DSKBBV9HB2PROD with NOTICES
Purpose and Need
The purpose and need of the Service’s
proposed action is to evaluate the
authorization of incidental take of the
covered species associated with
construction and operation of the
project and make a decision on the
application pursuant to the
requirements of ESA section 10(a)(1)(B)
and its implementing regulations and
policies. Any permit issued by the
Service must meet all applicable
issuance criteria, and implementation
should be technically and economically
feasible. Issuance criteria include
requirements that the applicant will
minimize and mitigate the impacts of
the taking on the covered species to the
maximum extent practicable and the
taking will not appreciably reduce the
likelihood of survival and recovery of
the species in the wild.
Alternatives
Our FEIS and SEIS analyzed the
environmental impacts of three
alternatives related to the issuance of
the ITP and implementation of the HCP.
Alternative 1—No Action: Under
Alternative 1, the Service would not
issue an ITP, and the project would not
be constructed.
Alternative 2—Proposed Action: The
project, as originally described as
Alternative 2 of the DEIS, would consist
of between 8 and 10 WTG and includes
implementation of the HCP and
issuance of an ITP for construction and
operation of a wind energy project with
a generation capacity of up to 25 MW.
Alternative 2a—Modified Proposed
Action: Our selected alternative consists
of implementation of the HCP and
issuance of an ITP for construction and
operation of a wind energy project with
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a maximum number of 9 WTG with a
generation capacity of up to 25 MW. In
response to public comments on the
DEIS related to visual impacts and
consideration of fewer turbines with
larger generating capacities, a project
design with a reduced maximum
number of turbines of only 9 WTG with
larger generating capacities and taller
dimensions was added to the FEIS and
SEIS. The applicant is considering a
variety of WTG models, each ranging
from 427 feet to 656 feet in height, and
each having up to 3.3 MW of generating
capacity. The applicant will select the
most appropriate WTGs prior to
construction. The selection of the WTG
models would not change the impacts to
the covered species analyzed in the EIS.
This alternative includes the avoidance,
minimization, and mitigation measures
identified for the covered species
(described below) to minimize and
offset the impacts of the anticipated take
of the covered species.
Alternative 3—Consists of a 42–MW
generation wind project with up to 12
WTG, each with a generating capacity of
up to 3.3 MW. Alternative 3 includes
the issuance of an ITP to authorize
incidental take of the covered species in
association with construction and
operation of the up to approximately
25–MW project and implementation of
the project HCP with avoidance,
minimization, and mitigation measures
identified for covered species that
would occur at levels described above
for the Proposed Action. Due to
transmission line upgrades required for
additional turbines and associated
generating capacity beyond those
identified in Alternative 2, there would
be a lag of at least 3 years before the
construction of an additional two to four
turbines. Due to the uncertainty related
to the timing of construction of the
additional turbines under this
alternative, Na Pua Makani Power
Partners would reinitiate coordination
with the Service prior to their
construction to address potential
impacts of the larger generation facility
to the covered species. The mitigation
and monitoring associated with the
additional turbines would be covered in
an amendment to the HCP.
Decision and Rationale for Decision
Based on our review of the
alternatives and their environmental
consequences as described in our FEIS
and SEIS, we have selected the
Modified Proposed Action option
(Alternative 2a). The Modified Proposed
Action is the implementation of the
final HCP and issuance of an ITP
authorizing incidental take of the
covered species that may occur as a
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result of the construction and operation
of the project.
In order to issue an ITP, we must
determine that the HCP meets the
issuance criteria set forth in 16 U.S.C.
1539(a)(2)(A) and (B). We have made
that determination based on the findings
summarized below:
1. The taking will be incidental. We
find that take of listed species will be
incidental to otherwise lawful activities,
including the construction, operation,
and maintenance of the wind energy
facility.
2. The applicant will, to the
maximum extent practicable, minimize
and mitigate the impacts of such
takings. The applicant has developed
and is committed to implementing a
program that includes a variety of
habitat and species protection measures
that minimize and mitigate the impacts
of the taking on the covered species.
To reduce take of the Hawaiian hoary
bat, Na Pua Makani Partners will
implement low wind-speed curtailment
by raising the cut-in speed of the WTGs
to 16 feet per second (ft/s) and
feathering WTG blades below 16 ft/s
from sunset to sunrise during the
months of March to November.
To offset the impacts of anticipated
take on the covered species, the
applicant is proposing mitigation
measures on Oahu that include: (1)
Funding research to support
management of the Newell’s shearwater;
(2) fencing and predator control to
conserve the Hawaiian goose; (3) a
combination of bat research and native
forest restoration and management to
increase Hawaiian hoary bat habitat; (4)
acoustic surveys to document the
presence of the Hawaiian hoary bat; and
(5) fencing and public outreach to
benefit the conservation of the Hawaiian
stilt, Hawaiian coot, Hawaiian moorhen
and the Hawaiian duck.
3. The applicant will ensure that
adequate funding for the HCP will be
provided. The applicant has developed
an HCP, which includes a detailed
estimate of the costs of implementing
the HCP. Na Pua Makani Power Partners
is committed to providing the funds
necessary to implement the HCP, and its
associated mitigation, monitoring,
reporting, and adaptive management
measures. Na Pua Makani Power
Partners shall provide assurance of
funding in the form of a letter of credit
to The State of Hawaii Division of
Forestry and Wildlife (DOFAW) in the
amount of $3,736,050, which covers the
cost for Tier 1 mitigation and postconstruction monitoring. Upon
triggering Tier 2 mitigation, a letter of
credit for an additional $894,000 will be
provided to DOFAW.
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Federal Register / Vol. 83, No. 192 / Wednesday, October 3, 2018 / Notices
4. The taking will not appreciably
reduce the likelihood of survival and
recovery of any listed species in the
wild. As the Federal action agency
considering whether to issue an ITP, we
have reviewed the proposed action
under section 7 of the ESA. Our
biological opinion, dated April 29, 2016,
concluded that issuance of the ITP will
not jeopardize the continued existence
of potentially affected listed species in
the wild.
5. The applicant agrees to implement
other measures that the Service requires
as being necessary or appropriate for
the purposes of the HCP. We provided
technical assistance to the applicant in
the development of the HCP. We
commented on draft documents,
participated in numerous meetings, and
worked closely with the applicant
throughout the development of the HCP
to further the conservation of covered
species. The HCP incorporates our
technical advice for minimization and
mitigation of take impacts likely to be
caused by covered activities, as well as
steps to monitor the effects of the HCP.
Annual monitoring, as well as
coordination and reporting mechanisms,
have been designed to ensure that
changes in the conservation measures
via adaptive management can be
implemented if proposed measures
prove ineffective.
Considerations relied upon for the ITP
decision include whether (1) the
proposed mitigation will benefit the
covered species, (2) adaptive
management of the conservation
measures will insure that the goals and
objectives of the HCP are realized, (3)
conservation measures will protect and
enhance habitat, (4) mitigation measures
will fully offset anticipated impacts to
the covered species and facilitate
recovery, and (5) the HCP is consistent
with the covered species’ recovery
plans.
daltland on DSKBBV9HB2PROD with NOTICES
Authority
We provide this notice in accordance
with the requirements of section 10(c) of
the ESA (16 U.S.C. 1531, 1539(c)) and
its implementing regulations (50 CFR
17.22 and 17.32) and NEPA (42 U.S.C.
4321 et seq.) and its implementing
regulations (40 CFR 1506.6; 43 CFR part
46). The Service has made its decision
to issue an ITP to Na Pua Makani Power
Partners, LLC for the take of seven
species in accordance with their HCP.
Theresa E. Rabot,
Deputy Regional Director, Pacific Region, U.S.
Fish and Wildlife Service.
[FR Doc. 2018–21457 Filed 10–2–18; 8:45 am]
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DEPARTMENT OF THE INTERIOR
Office of the Secretary
[Docket No. ONRR–2018–0001;
[DS63600000 DR2000000.PMN000
178D0102R2]
Royalty Policy Committee
Establishment; Request for
Nominations
Office of Natural Resources
Revenue, Interior.
ACTION: Notice.
AGENCY:
The U.S. Department of the
Interior (DOI) is seeking nominations for
primary and alternate members for
several sectors of the Royalty Policy
Committee (Committee). This notice
solicits nominees from: (1) Indian
Tribes, (2) mineral and/or energy
stakeholders, (3) States and (4)
academia/public interest.
The Committee provides advice to the
Secretary on the fair market value of,
and the collection of revenues derived
from, the development of energy and
mineral resources on Federal and Indian
lands.
DATES: Nominations for the Committee
must be submitted by November 2,
2018.
ADDRESSES: You may submit
nominations by any of the following
methods:
• Mail or hand-carry nominations to
Mr. Chris Mentasti, Department of the
Interior, Office of Natural Resources
Revenue, 1849 C Street NW, MS 5134,
Washington, DC 20240; or
• Email nominations to: RPC@
ios.doi.gov.
FOR FURTHER INFORMATION CONTACT: Ms.
Jennifer Malcolm, Office of Natural
Resources Revenue, telephone at (202)
208–3938; email to Jennifer.Malcolm@
onrr.gov.
SUPPLEMENTARY INFORMATION: The
Committee is established under the
authority of the Secretary of the Interior
(Secretary) and regulated by the Federal
Advisory Committee Act (FACA), as
amended (5 U.S.C. Appendix 2). The
Secretary seeks to ensure that the public
receives the full value of the natural
resources produced from Federal lands.
The duties of the Committee are solely
advisory in nature. The Committee will,
at the request of the Designated Federal
Officer (DFO), advise on current and
emerging issues related to the
determination of fair market value, and
the collection of revenue from energy
and mineral resources on Federal and
Indian lands. The Committee also will
advise on the potential impacts of
proposed policies and regulations
SUMMARY:
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49943
related to revenue collection from such
development, including whether a need
exists for regulatory reform.
We are seeking nominations for
individuals that represent Indian Tribes,
mineral and/or energy stakeholders,
States, and academia/public interest, to
be considered as Committee alternate
members. The Committee will not
exceed 28 members and is composed of
Federal and non-Federal members in
order to ensure fair and balanced
representation. The Secretary will
appoint non-Federal alternates to the
Committee to serve up to a three-year
term. The Director for the Bureau of
Safety and Environmental Enforcement
is currently designated as Acting
Chairman of the Committee.
Federal Members: The Secretary has
appointed the following officials as nonvoting, ex-officio members of the
Committee:
• A representative of the Secretary’s
Immediate Office
• Assistant Secretary—Indian Affairs
• Assistant Secretary—Land and
Minerals Management
• Director, Bureau of Indian Affairs
• Director, Bureau of Land Management
• Director, Office of Natural Resources
Revenue
• Director, Bureau of Ocean Energy
Management
• Director, Bureau of Safety and
Environmental Enforcement
These officials may designate a senior
official to act on their behalf.
Non-Federal Members: The Secretary
may appoint members in the following
categories:
• Members representing the
Governors of States that receive more
than $10,000,000 annually in royalty
revenues from onshore and offshore
Federal leases.
• Members representing the Indian
Tribes that are engaged in activities
subject to: The Act of May 11, 1938
(commonly known as the ‘‘Indian
Mineral Leasing Act of 1938’’) (25
U.S.C. 396a et seq.); Title XXVI of the
Energy Policy Act of 1992 (25 U.S.C.
3501 et seq.); The Indian Mineral
Development Act of 1982 (25 U.S.C.
2101 et seq.); and any other law relating
to mineral development that is specific
to one or more Indian Tribes.
• Members representing various
mineral and/or energy stakeholders in
Federal and Indian royalty policy.
• Members representing academia
and public interest groups.
Nominations should include a resume
providing an adequate description of the
nominee’s qualifications, including
information that would enable DOI to
make an informed decision regarding
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Agencies
[Federal Register Volume 83, Number 192 (Wednesday, October 3, 2018)]
[Notices]
[Pages 49941-49943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21457]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R1-ES-2018-N108; FXES11140100000-189-FF01E00000]
Record of Decision for the Final Environmental Impact Statement
for the Na Pua Makani Wind Energy Project, Oahu, HI
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; record of decision.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the
availability of a record of decision (ROD) for proposed issuance of an
Endangered Species Act (ESA) permit for the Na Pua Makani Wind Energy
Project (project) and habitat conservation plan (HCP). The ROD
documents the Service's decision to issue an incidental take permit
(ITP) to Na Pua Makani Power Partners, LLC (applicant). As summarized
in the ROD, the Service has selected Alternative 2a--the Modified
Proposed Action, which includes implementation of the HCP and issuance
of the ITP authorizing incidental take of one threatened and six
endangered species listed under the ESA that may occur as a result of
construction and operation of the project over a 21-year period.
ADDRESSES: You may obtain copies of the ROD and other documents
associated with the decision by the following methods.
Internet: Documents may be viewed and downloaded on the
internet at https://www.fws.gov/pacificislands/.
U.S. Mail: You may obtain a CD-ROM with electronic copies
of these documents if you make a request within 30 days after the date
of publication of this notice by writing to Mary Abrams, Field
Supervisor, U.S. Fish and Wildlife Service, Pacific Islands Fish and
Wildlife Office, 300 Ala Moana Boulevard, Room 3-122, Honolulu, HI
96850.
Telephone: Call 808-792-9400 during regular business
hours.
FOR FURTHER INFORMATION CONTACT: Mr. Aaron Nadig (Deputy Field
Supervisor), by telephone at 808-792-9400, by Federal Relay Service at
800-877-8339, or by mail to the U.S. Fish and Wildlife Service (see
ADDRESSES).
SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service
(Service), announce the availability of a record of decision (ROD) for
proposed issuance of an Endangered Species Act (ESA) section
10(a)(1)(B) permit for the Na Pua Makani Wind Energy Project (project)
and habitat conservation plan (HCP). The ROD documents the Service's
decision to issue an incidental take permit (ITP) to Na Pua Makani
Power Partners, LLC (applicant). As summarized in the ROD, the Service
has selected Alternative 2a--the Modified Proposed Action (described
below), which includes implementation of the HCP and issuance of the
ITP authorizing incidental take of one threatened and six endangered
species listed under the ESA that may occur as a result of construction
and operation of the project over a 21-year period.
We are advising the public of the availability of the ROD,
developed in compliance with the agency decision-making requirements of
the National Environmental Policy Act of 1969, as amended (NEPA), as
well as the final HCP as submitted by the applicant. All alternatives
have been described in detail, evaluated, and analyzed in our final EIS
(FEIS) and supplemental EIS (SEIS). Our notice of availability of the
FEIS and HCP was published in the Federal Register on July 12, 2016 (81
FR 45174).
The Council of Environmental Quality regulations require agencies
to prepare supplements to either draft or final EISs if there are
substantial changes in the proposed action that are relevant to
environmental concerns or there are significant new circumstances or
information relevant to environmental concerns that bear on the
proposed action or its impacts; SEISs may also be prepared if the lead
agency determines that the purpose of NEPA will be furthered by doing
so. After reviewing comments received after issuance of the Draft EIS
(DEIS), the Service worked with the applicant to develop a modified
action to address some of the comments received. Accordingly, the
Service determined that publishing an SEIS and providing an additional
opportunity for public review on Alternative 2a would further the
purposes of NEPA and the ESA. The SEIS and HCP were noticed in the
Federal Register on November 17, 2016 (81 FR 81151).
Background
Na Pua Makani Power Partners proposes to construct and operate the
project near the town of Kahuku in the Koolauloa District of the City
and County of Honolulu on the Island of Oahu, Hawaii. The project would
consist of up to 9 wind turbine generators (WTGs) with a net generating
capacity of up to approximately 25 megawatts (MW), located within a
project site of approximately 707 acres. The site includes portions of
two parcels leased from the Hawaii Department of Land and Natural
Resources (DLNR), State-owned access areas, and privately owned lands.
The site is located almost entirely within the State agricultural land
use district.
Na Pua Makani Power Partners applied to the Service for an ITP
under ESA section 10(a)(1)(B). The ITP is for a 21-year permit term and
authorizes take of the threatened Newell's shearwater (Puffinus
newelli), and the endangered Hawaiian stilt (Himantopus mexicanus
knudseni), Hawaiian coot (Fulica americana alai), Hawaiian moorhen
(Gallinula chloropus sandvicensis), Hawaiian duck (Anas wyvilliana),
Hawaiian goose (Branta
[[Page 49942]]
sandvicensis), and the Hawaiian hoary bat (Lasiurus cinereus semotus)
(collectively these species are hereafter referred to as the ``covered
species'') that may occur as a result of the construction and operation
of the project.
The applicant developed a final HCP that addresses the incidental
take of the seven covered species that may occur as a result of the
construction and operation of the project over a period of 21 years.
The HCP details measures the applicant will implement to minimize,
mitigate, and monitor incidental take of the covered species.
The Service prepared an FEIS and SEIS pursuant to the requirements
of NEPA in response to the permit application because issuance of an
ITP by the Service is a Federal action that may affect the quality of
the human environment.
Purpose and Need
The purpose and need of the Service's proposed action is to
evaluate the authorization of incidental take of the covered species
associated with construction and operation of the project and make a
decision on the application pursuant to the requirements of ESA section
10(a)(1)(B) and its implementing regulations and policies. Any permit
issued by the Service must meet all applicable issuance criteria, and
implementation should be technically and economically feasible.
Issuance criteria include requirements that the applicant will minimize
and mitigate the impacts of the taking on the covered species to the
maximum extent practicable and the taking will not appreciably reduce
the likelihood of survival and recovery of the species in the wild.
Alternatives
Our FEIS and SEIS analyzed the environmental impacts of three
alternatives related to the issuance of the ITP and implementation of
the HCP.
Alternative 1--No Action: Under Alternative 1, the Service would
not issue an ITP, and the project would not be constructed.
Alternative 2--Proposed Action: The project, as originally
described as Alternative 2 of the DEIS, would consist of between 8 and
10 WTG and includes implementation of the HCP and issuance of an ITP
for construction and operation of a wind energy project with a
generation capacity of up to 25 MW.
Alternative 2a--Modified Proposed Action: Our selected alternative
consists of implementation of the HCP and issuance of an ITP for
construction and operation of a wind energy project with a maximum
number of 9 WTG with a generation capacity of up to 25 MW. In response
to public comments on the DEIS related to visual impacts and
consideration of fewer turbines with larger generating capacities, a
project design with a reduced maximum number of turbines of only 9 WTG
with larger generating capacities and taller dimensions was added to
the FEIS and SEIS. The applicant is considering a variety of WTG
models, each ranging from 427 feet to 656 feet in height, and each
having up to 3.3 MW of generating capacity. The applicant will select
the most appropriate WTGs prior to construction. The selection of the
WTG models would not change the impacts to the covered species analyzed
in the EIS. This alternative includes the avoidance, minimization, and
mitigation measures identified for the covered species (described
below) to minimize and offset the impacts of the anticipated take of
the covered species.
Alternative 3--Consists of a 42-MW generation wind project with up
to 12 WTG, each with a generating capacity of up to 3.3 MW. Alternative
3 includes the issuance of an ITP to authorize incidental take of the
covered species in association with construction and operation of the
up to approximately 25-MW project and implementation of the project HCP
with avoidance, minimization, and mitigation measures identified for
covered species that would occur at levels described above for the
Proposed Action. Due to transmission line upgrades required for
additional turbines and associated generating capacity beyond those
identified in Alternative 2, there would be a lag of at least 3 years
before the construction of an additional two to four turbines. Due to
the uncertainty related to the timing of construction of the additional
turbines under this alternative, Na Pua Makani Power Partners would
reinitiate coordination with the Service prior to their construction to
address potential impacts of the larger generation facility to the
covered species. The mitigation and monitoring associated with the
additional turbines would be covered in an amendment to the HCP.
Decision and Rationale for Decision
Based on our review of the alternatives and their environmental
consequences as described in our FEIS and SEIS, we have selected the
Modified Proposed Action option (Alternative 2a). The Modified Proposed
Action is the implementation of the final HCP and issuance of an ITP
authorizing incidental take of the covered species that may occur as a
result of the construction and operation of the project.
In order to issue an ITP, we must determine that the HCP meets the
issuance criteria set forth in 16 U.S.C. 1539(a)(2)(A) and (B). We have
made that determination based on the findings summarized below:
1. The taking will be incidental. We find that take of listed
species will be incidental to otherwise lawful activities, including
the construction, operation, and maintenance of the wind energy
facility.
2. The applicant will, to the maximum extent practicable, minimize
and mitigate the impacts of such takings. The applicant has developed
and is committed to implementing a program that includes a variety of
habitat and species protection measures that minimize and mitigate the
impacts of the taking on the covered species.
To reduce take of the Hawaiian hoary bat, Na Pua Makani Partners
will implement low wind-speed curtailment by raising the cut-in speed
of the WTGs to 16 feet per second (ft/s) and feathering WTG blades
below 16 ft/s from sunset to sunrise during the months of March to
November.
To offset the impacts of anticipated take on the covered species,
the applicant is proposing mitigation measures on Oahu that include:
(1) Funding research to support management of the Newell's shearwater;
(2) fencing and predator control to conserve the Hawaiian goose; (3) a
combination of bat research and native forest restoration and
management to increase Hawaiian hoary bat habitat; (4) acoustic surveys
to document the presence of the Hawaiian hoary bat; and (5) fencing and
public outreach to benefit the conservation of the Hawaiian stilt,
Hawaiian coot, Hawaiian moorhen and the Hawaiian duck.
3. The applicant will ensure that adequate funding for the HCP will
be provided. The applicant has developed an HCP, which includes a
detailed estimate of the costs of implementing the HCP. Na Pua Makani
Power Partners is committed to providing the funds necessary to
implement the HCP, and its associated mitigation, monitoring,
reporting, and adaptive management measures. Na Pua Makani Power
Partners shall provide assurance of funding in the form of a letter of
credit to The State of Hawaii Division of Forestry and Wildlife (DOFAW)
in the amount of $3,736,050, which covers the cost for Tier 1
mitigation and post-construction monitoring. Upon triggering Tier 2
mitigation, a letter of credit for an additional $894,000 will be
provided to DOFAW.
[[Page 49943]]
4. The taking will not appreciably reduce the likelihood of
survival and recovery of any listed species in the wild. As the Federal
action agency considering whether to issue an ITP, we have reviewed the
proposed action under section 7 of the ESA. Our biological opinion,
dated April 29, 2016, concluded that issuance of the ITP will not
jeopardize the continued existence of potentially affected listed
species in the wild.
5. The applicant agrees to implement other measures that the
Service requires as being necessary or appropriate for the purposes of
the HCP. We provided technical assistance to the applicant in the
development of the HCP. We commented on draft documents, participated
in numerous meetings, and worked closely with the applicant throughout
the development of the HCP to further the conservation of covered
species. The HCP incorporates our technical advice for minimization and
mitigation of take impacts likely to be caused by covered activities,
as well as steps to monitor the effects of the HCP. Annual monitoring,
as well as coordination and reporting mechanisms, have been designed to
ensure that changes in the conservation measures via adaptive
management can be implemented if proposed measures prove ineffective.
Considerations relied upon for the ITP decision include whether (1)
the proposed mitigation will benefit the covered species, (2) adaptive
management of the conservation measures will insure that the goals and
objectives of the HCP are realized, (3) conservation measures will
protect and enhance habitat, (4) mitigation measures will fully offset
anticipated impacts to the covered species and facilitate recovery, and
(5) the HCP is consistent with the covered species' recovery plans.
Authority
We provide this notice in accordance with the requirements of
section 10(c) of the ESA (16 U.S.C. 1531, 1539(c)) and its implementing
regulations (50 CFR 17.22 and 17.32) and NEPA (42 U.S.C. 4321 et seq.)
and its implementing regulations (40 CFR 1506.6; 43 CFR part 46). The
Service has made its decision to issue an ITP to Na Pua Makani Power
Partners, LLC for the take of seven species in accordance with their
HCP.
Theresa E. Rabot,
Deputy Regional Director, Pacific Region, U.S. Fish and Wildlife
Service.
[FR Doc. 2018-21457 Filed 10-2-18; 8:45 am]
BILLING CODE 4333-15-P