Draft Environmental Impact Statement and Draft Habitat Conservation Plan; Receipt of an Application for an Incidental Take Permit for Marbled Murrelets, Bald Eagles, and Golden Eagles; Skookumchuck Wind Energy Project, Lewis and Thurston Counties, Washington, 61664-61667 [2018-25969]
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DEPARTMENT OF HOMELAND
SECURITY
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
Federal Emergency Management
Agency
[Internal Agency Docket No. FEMA–4401–
DR; Docket ID FEMA–2018–0001]
[Internal Agency Docket No. FEMA–4401–
DR; Docket ID FEMA–2018–0001]
Virginia; Amendment No. 3 to Notice of
a Major Disaster Declaration
Virginia; Amendment No. 2 to Notice of
a Major Disaster Declaration
Federal Emergency
Management Agency, DHS.
AGENCY:
AGENCY:
ACTION:
Federal Emergency
Management Agency, DHS.
Notice.
ACTION:
This notice amends the notice
of a major disaster declaration for the
Commonwealth of Virginia (FEMA–
4401–DR), dated October 15, 2018, and
related determinations.
SUMMARY:
This amendment was issued
November 15, 2018.
DATES:
This notice amends the notice
of a major disaster declaration for the
Commonwealth of Virginia (FEMA–
4401–DR), dated October 15, 2018, and
related determinations.
SUMMARY:
This amendment was issued
November 14, 2018.
Dean Webster, Office of Response and
Recovery, Federal Emergency
Management Agency, 500 C Street SW,
Washington, DC 20472, (202) 646–2833.
The notice
of a major disaster declaration for the
Commonwealth of Virginia is hereby
amended to include the following areas
among those areas determined to have
been adversely affected by the event
declared a major disaster by the
President in his declaration of October
15, 2018.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Dean Webster, Office of Response and
Recovery, Federal Emergency
Management Agency, 500 C Street SW,
Washington, DC 20472, (202) 646–2833.
The notice
of a major disaster declaration for the
Commonwealth of Virginia is hereby
amended to include the following areas
among those areas determined to have
been adversely affected by the event
declared a major disaster by the
President in his declaration of October
15, 2018.
SUPPLEMENTARY INFORMATION:
The counties of Botetourt, Chesterfield,
Franklin, Lunenburg, Mathews,
Mecklenburg, Nottoway, Pulaski, and
Roanoke and the independent cities of
Bristol, Danville, and Martinsville for Public
Assistance.
The following Catalog of Federal Domestic
Assistance Numbers (CFDA) are to be used
for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora
Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034,
Disaster Unemployment Assistance (DUA);
97.046, Fire Management Assistance Grant;
97.048, Disaster Housing Assistance to
Individuals and Households In Presidentially
Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance—
Disaster Housing Operations for Individuals
and Households; 97.050 Presidentially
Declared Disaster Assistance to Individuals
and Households—Other Needs; 97.036,
Disaster Grants—Public Assistance
(Presidentially Declared Disasters); 97.039,
Hazard Mitigation Grant.
The counties of Craig, Floyd, Grayson, and
Isle of Wight and the independent city of
Hampton for Public Assistance.
The following Catalog of Federal Domestic
Assistance Numbers (CFDA) are to be used
for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora
Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034,
Disaster Unemployment Assistance (DUA);
97.046, Fire Management Assistance Grant;
97.048, Disaster Housing Assistance to
Individuals and Households In Presidentially
Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance—
Disaster Housing Operations for Individuals
and Households; 97.050 Presidentially
Declared Disaster Assistance to Individuals
and Households—Other Needs; 97.036,
Disaster Grants—Public Assistance
(Presidentially Declared Disasters); 97.039,
Hazard Mitigation Grant.
Brock Long,
Administrator, Federal Emergency
Management Agency.
Brock Long,
Administrator, Federal Emergency
Management Agency.
[FR Doc. 2018–26010 Filed 11–29–18; 8:45 am]
[FR Doc. 2018–26009 Filed 11–29–18; 8:45 am]
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Fish and Wildlife Service
[Docket No. FWS–R1–ES–2018–0095;
FXES11140100000–190–FF01E00000]
Draft Environmental Impact Statement
and Draft Habitat Conservation Plan;
Receipt of an Application for an
Incidental Take Permit for Marbled
Murrelets, Bald Eagles, and Golden
Eagles; Skookumchuck Wind Energy
Project, Lewis and Thurston Counties,
Washington
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability; request
for comments.
AGENCY:
DATES:
FOR FURTHER INFORMATION CONTACT:
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Notice.
DEPARTMENT OF THE INTERIOR
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In accordance with the
Endangered Species Act (ESA) and the
National Environmental Policy Act, we,
the U.S. Fish and Wildlife Service
(Service), announce the availability of a
draft habitat conservation plan (HCP) in
support of an application from
Skookumchuck Wind Energy Project,
LLC, an affiliate of Renewable Energy
Services (applicant), for an incidental
take permit (ITP) for the marbled
murrelet, listed as threatened under the
ESA, and the bald eagle and golden
eagle, both of which are protected under
the Bald and Golden Eagle Protection
Act. Incidental take is expected to result
from the operation of 38 commercial
wind turbines and associated
infrastructure located near Centralia,
Washington, in Lewis and Thurston
Counties. Also available for review is
the Service’s draft environmental
impact statement (DEIS), which was
prepared in response to the application.
We are seeking public comments on the
draft HCP and DEIS.
DATES: We will accept hardcopy
comments received or postmarked on or
before January 14, 2019. Comments
submitted online at https://
www.regulations.gov/ (see ADDRESSES)
must be received by 11:59 p.m. Eastern
Time on January 14, 2019.
Public Meetings: The Service will host
two open house public meetings at the
following times during the public
comment and review period:
• Chehalis, WA: Wednesday,
December 5, 2018, from 6 to 8 p.m.
• Lacey, WA: Monday, December 10,
2018, from 6 to 8 p.m.
ADDRESSES: Obtaining Documents for
Review: The documents this notice
announces, as well as any comments
and other material that we receive, will
be available for public inspection online
in Docket No. FWS–R1–ES–2018–0095
at https://www.regulations.gov/.
SUMMARY:
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Submitting Comments: You may
submit comments by one of the
following methods:
• Online: https://www.regulations.gov.
Follow instructions for submitting
comments on Docket No. FWS–R1–ES–
2018–0095.
• U.S. mail or hand-delivery: U.S.
Fish and Wildlife Service, c/o Tim
Romanski, 510 Desmond Dr. SE, Suite
102, Lacey, WA 98503.
• Public meetings: You may also
submit written comments during public
meetings. The meetings will be held at
the following locations:
• 100 SW Veterans Way, Chehalis,
WA 98532
• 4220 6th Avenue SE, Room 194,
Lacey, WA 98503
We will post all comments on https://
www.regulations.gov. This generally
means that we will post online any
personal information that you provide
(see Public Availability of Comments
under SUPPLEMENTARY INFORMATION). We
request that you send comments by only
the methods described above.
Reviewing U.S. Environmental
Protection Agency (EPA) comments on
the draft HCP and DEIS: See EPA’s Role
in the EIS Process under SUPPLEMENTARY
INFORMATION.
FOR FURTHER INFORMATION CONTACT: Tim
Romanski, by telephone at 360–753–
5823, or by email at tim_romanski@
fws.gov. Hearing or speech impaired
individuals may call the Federal Relay
Service at 800–877–8339 for TTY
assistance.
species colliding with both stationary
and operating project structures during
the permit term. In contrast, the
applicant does not seek ITP coverage for
the construction phase of the wind
project, which would include, without
limitation, constructing roads and
turbine pads, and erecting wind
turbines. Nor does the applicant seek
ITP coverage for the facilitydecommissioning phase of the project.
The applicant anticipates undertaking
phased construction over a 9- to 12month period beginning in mid-2019.
The draft HCP describes how impacts
to covered species would be minimized
and mitigated. The draft HCP also
describes the covered species’ life
history and ecology, as well as
biological goals and objectives of the
HCP, the estimated take and its
potential impact on covered species’
populations, adaptive management,
monitoring, and mitigation measures.
The Service prepared a draft
environmental impact statement (DEIS)
in response to the ITP application in
accordance with the requirements of the
National Environmental Policy Act
(NEPA; 42 U.S.C. 4321 et seq.). We are
making the draft HCP and DEIS
available for public review and
comment.
Background
Skookumchuck Wind Energy Project,
LLC, intends to initiate construction of
a wind turbine facility in 2019, and
commence wind turbine operations as
soon as possible. Detailed descriptions
SUPPLEMENTARY INFORMATION: The
of the project are found in section 2.0
Service received an incidental take
of the HCP. The majority of the wind
permit (ITP) application from the
project, including all of the 38 turbines,
Skookumchuck Wind Energy Project,
is located in Lewis County, Washington,
LLC (applicant) in accordance with the
with some supporting infrastructure
requirements of the Endangered Species located in Thurston County,
Act, as amended (ESA; 16 U.S.C. 1531
Washington. The wind turbines are
et seq.). The applicant prepared a draft
proposed to be constructed on a
habitat conservation plan (HCP) in
prominent ridgeline on the
support of the ITP application and is
Weyerhaeuser Vail Tree Farm,
seeking authorization for take of the
approximately 18 miles east of
marbled murrelet (Brachyamphus
Centralia, Washington.
marmoratus), listed as threatened under
The project consists of a maximum of
the ESA, and the bald eagle (Haliaeetus
38 wind turbines, with an expected
leucocephalus) and golden eagle (Aquila output of 137 megawatts (MW); a
chrysaetos), which are not listed species maximum wind turbine height of 492
under the ESA but are protected by the
feet (from ground to vertical blade tip);
Bald and Golden Eagle Protection Act
a maximum rotor diameter of 446 feet;
(BGEPA; 16 U.S.C. 668–668d).
approximately 36.5 miles of existing
Hereafter, the marbled murrelet, bald
roads that will be upgraded;
eagle, and golden eagle are collectively
approximately 3.9 miles of new road
referred to as the ‘‘covered species.’’
that will be constructed; 17 miles of
The ITP, if issued, would authorize
buried medium-voltage collection cable
incidental take of the covered species
that will transport power to a substation
that may occur as a result of the
along the ridgeline; and 15 miles of
operation and maintenance of the 38
transmission line that will transport
commercial wind turbines over the 30power to the Tono Substation.
The applicant has proposed a
year permit term. This includes, without
conservation program to avoid,
limitation, ITP coverage for covered
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minimize, and mitigate for impacts to
covered species. Avoidance and
minimization measures to benefit the
marbled murrelet include project design
and planning efforts, and operational
practices including seasonal curtailment
of turbine blades, installation of
transmission and distribution line flight
diverters, shielding of artificial light
sources, measures to reduce murrelet
collisions with vehicles on the project
site, and measures to prevent the
artificial increase of potential nest
predators in the project area. Mitigation
measures intended to benefit the
marbled murrelet include acquisition
and management of conservation lands
to promote the preservation and
enhancement of suitable nesting habitat
for the species, and funding the removal
of abandoned or derelict fishing nets in
the Salish Sea.
Avoidance and minimization
measures to benefit the bald eagle and
the golden eagle include project design
and planning efforts, a mammal carrion
reporting program to reduce scavenging
by eagles on the project site, efforts that
minimize creating cover for prey
animals such as rabbits to reduce eagle
use near the wind project, and 2 years
of IdentiFlight® technology testing
intended to reduce eagle collisions with
operating turbine blades. Mitigation
measures intended to benefit bald eagles
and golden eagles consist of retrofitting
power poles to reduce probability of
collision and electrocution.
Proposed Action
We propose to issue a 30-year permit
for incidental take of marbled murrelet,
bald eagle, and golden eagle if the
Skookumchuck Wind Energy Project
HCP meets all section 10(a)(1)(B) permit
issuance criteria and, with respect to
bald eagles and golden eagles, all
BGEPA permit issuance criteria
identified in 50 CFR 22.26 . The permit
would authorize take of each of the
covered species incidental to the
operation and maintenance of the wind
energy project.
Endangered Species Act
Section 9 of the ESA and its
implementing regulations prohibit
‘‘take’’ of fish and wildlife species listed
as endangered. The ESA implementing
regulations extend, under certain
circumstances, the prohibition of take to
threatened species (50 CFR 17.31).
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. 1538). Under
section 10(a) of the ESA, the Service
may issue permits to authorize
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incidental take of listed fish and
wildlife species. ‘‘Incidental take’’ is
defined by the ESA as take that is
incidental to, and not the purpose of,
carrying out an otherwise lawful
activity. 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;
2. The applicant will, to the
maximum extent practicable, minimize
and mitigate the impact of such taking;
3. The applicant will ensure that
adequate funding for the plan will be
provided;
4. The taking will not appreciably
reduce the likelihood of the survival
and recovery of the species in the wild;
and
5. The applicant will carry out any
other measures that the Service may
require as being necessary or
appropriate for the purposes of the HCP.
Bald and Golden Eagle Protection Act
Though the applicant is requesting
incidental take for bald and golden
eagles under section 10(a)(1)(B) of the
ESA, consistency with the requirements
of BGEPA (16 U.S.C. 668–668d) is also
necessary. The BGEPA prohibits take of
eagles where ‘‘take’’ is defined as
‘‘pursue, shoot, shoot at, poison, wound,
kill, capture, trap, collect, destroy,
molest, or disturb’’ and where ‘‘disturb’’
is further defined as ‘‘to agitate or
bother’’ a bald or golden eagle to a
degree that causes, or is likely to cause,
based on the best scientific information
available: (1) Injury to an eagle; (2) a
decrease in its productivity, by
substantially interfering with normal
breeding, feeding, or sheltering
behavior; or (3) nest abandonment, by
substantially interfering with normal
breeding, feeding, or sheltering behavior
(50 CFR 22.3).
Under 50 CFR 22.26, the Service has
the authority to authorize take of bald
and golden eagles (generally,
disturbance, injury, or killing) that
occurs incidental to an otherwise lawful
activity. For the Service to issue such a
permit, the following required
determinations must be met (see 50 CFR
22.26(f)):
1. The taking will be compatible with
the preservation of the bald or golden
eagle (further defined by the Service to
mean ‘‘consistent with the goals of
maintaining stable or increasing
breeding populations in all eagle
management units and the persistence
of local populations throughout the
geographic range of each species’’);
2. The taking will protect an interest
in a particular locality;
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3. The taking will be associated with,
but not the purpose of, the activity;
4. The taking will be avoided and
minimized by the applicant to the
extent practicable;
5. The applicant will have applied all
appropriate and practical compensatory
mitigation measures, when required
pursuant to 50 CFR 22.26(c);
6. Issuance of the permit will not
preclude issuance of another permit
necessary to protect an interest of higher
priority as set forth in 50 CFR
22.26(e)(7); and
7. Issuance of the permit will not
interfere with ongoing civil or criminal
action concerning unpermitted past
eagle take at the project.
The Service can provide eagle take
authorization through an ITP for an
HCP, which confers take authorization
under the BGEPA without the need for
a separate permit, as long as the permit
issuance criteria under both ESA and
BGEPA will be met by the conservation
measures included in the applicant’s
HCP. See 50 CFR 22.11(a).
National Environmental Policy Act
In compliance with NEPA (42 U.S.C.
4321 et seq.), the Service prepared a
DEIS, in which we analyze the proposed
action and a reasonable range of
alternatives to the proposed action. Four
alternatives are analyzed in the DEIS.
• No-action Alternative (Options A
and B): No permit would be issued, and
the applicant’s HCP would not be
implemented. The No Action consists of
two options: Option A—No Project
Operations and Option B—No Project.
Option A assumes the applicant would
construct the project before the Service
makes a final permit decision, but
would not operate the project without
an ITP. Option A is included in the
DEIS because the Applicant informed
the Service that it may initiate and
complete construction before the
Service makes a decision on the ITP
application. Option B assumes that the
applicant would not construct the
project without an ITP. Under this
option, nothing would change from
current conditions and no impacts
would result from the project.
• The Proposed Alternative: Issuance
of the requested permit and
implementation of the conservation
program described in the applicant’s
HCP.
• Alternative 2: Under the Modified
Project Site Design Alternative, the
project would not operate the five wind
turbine generators (WTGs) closest to
documented marbled murrelet nest
locations for the duration of the ITP.
The Service would issue an ITP
authorizing the level of incidental take
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expected to result from operation and
maintenance of the remaining 33 WTGs.
• Alternative 3: Under the Enhanced
Curtailment Alternative, all 38 WTGs
would operate under an expanded set of
curtailment measures intended to
minimize the potential for take of the
Covered Species. The Service would
issue an ITP authorizing the level of
incidental take expected to result from
operation and maintenance of the
project in accordance with the
additional curtailment measures.
The environmental consequences of
each alternative were analyzed to
determine if significant environmental
impacts would occur.
EPA’s Role in the EIS Process
The EPA is charged with reviewing all
Federal agencies’ EISs and commenting
on the adequacy and acceptability of the
environmental impacts of proposed
actions in EISs. Therefore, EPA is
publishing a notice in the Federal
Register announcing this EIS, as
required under section 309 of the Clean
Air Act. The publication date of EPA’s
notice of availability is the official
beginning of the public comment
period. EPA’s notices are published on
Fridays.
EPA serves as the repository (EIS
database) for EISs prepared by Federal
agencies. All EISs must be filed with
EPA. You may search for EPA
comments on EISs, along with EISs
themselves, at https://cdxnodengn.
epa.gov/cdx-enepa-public/action/eis/
search.
Public Comments
You may submit your comments and
materials by one of the methods in
ADDRESSES. We will also accept written
comments at the public meetings. We
specifically request information on the
following:
1. The identification and evaluation of
archaeological and historic resources
that the proposed project may affect;
2. The proposed adaptive
management framework for marbled
murrelets and for bald and golden
eagles;
3. Potential impacts to the human
environment that may occur during the
construction or decommissioning
phases of the project (e.g., through
collisions with construction equipment,
stationary wind turbines, or associated
infrastructure);
4. Biological information and relevant
data concerning the covered species and
other wildlife;
5. Information on bald eagle, golden
eagle, and marbled murrelet collisions
with both stationary and moving objects
such as wind turbines in the terrestrial
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environment, particularly in a forested
environment;
6. Potential direct, indirect, and
cumulative impacts that
implementation of the proposed wind
project and mitigation/minimization
measures could have on the covered
species; and other endangered or
threatened species, and their associated
ecological communities or habitats; and
other aspects of the human
environment;
7. Whether there are additional
connected, similar, or reasonably
foreseeable cumulative actions and their
possible impacts on the human
environment including, without
limitation, marbled murrelet, bald eagle,
and golden eagle, which were not
identified in the DEIS;
8. Other possible reasonable
alternatives to the proposed permit
action that the Service should consider,
including additional or alternative
avoidance, minimization, and
mitigation measures; and
9. Other information relevant to the
proposed wind project and impacts to
the human environment.
Public Availability of Comments
We will post on https://regulations.gov
all public comments and information
received electronically or via hardcopy.
Written comments we receive become
part of the administrative record
associated with this action. Before
including your address, phone number,
email address, or other personal
identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you can request in your comment
that we withhold your personal
identifying information from public
review, we cannot guarantee that we
will be able to do so. All submissions
from organizations or businesses, and
from individuals identifying themselves
as representatives or officials of
organizations or businesses, will be
made available for public disclosure in
their entirety.
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Reasonable Accommodations
Persons needing reasonable
accommodations in order to attend and
participate in the public meetings
should contact the Service’s Washington
Fish and Wildlife Office, using one of
the methods listed in ADDRESSES as soon
as possible. In order to allow sufficient
time to process requests, please make
contact no later than one week before
the public meetings. Information
regarding this proposed action is
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available in alternative formats upon
request.
Authority: We provide this notice in
accordance with the requirements of section
10 of the ESA (16 U.S.C. 1531 et seq.) and
NEPA regulations (40 CFR 1501.7, 40 CFR
1506.5, 1506.6, and 1508.22).
Katherine B. Hollar,
Acting Deputy Regional Director, Pacific
Region, U.S. Fish and Wildlife Service.
[FR Doc. 2018–25969 Filed 11–29–18; 8:45 am]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–HQ–FAC–2018–N135;
FXFR13360900000–FF09F14000–189]
Aquatic Nuisance Species Task Force
Meeting
Fish and Wildlife Service,
Interior.
ACTION: Notice of meeting.
AGENCY:
We, the U.S. Fish and
Wildlife Service, announce a public
meeting of the Aquatic Nuisance
Species (ANS) Task Force, in
accordance with the Federal Advisory
Committee Act. The ANS Task Force’s
purpose is to develop and implement a
program for U.S. waters to prevent
introduction and dispersal of aquatic
invasive species; to monitor, control,
and study such species; and to
disseminate related information.
DATES: The ANS Task Force will meet
Wednesday and Thursday, December
12–13, 2018, from 8 a.m. to 5 p.m. each
day. The meeting is open to the public;
for security purposes, signup is
required. For more information, contact
the ANS Task Force Executive Secretary
(see FOR FURTHER INFORMATION CONTACT).
This notice is being published less than
15 days prior to the meeting date due to
unexpected administrative delays.
ADDRESSES: Meeting location: The ANS
Task Force meeting will take place at
the U.S. Fish and Wildlife Headquarters,
5275 Leesburg Pike, Falls Church, VA
22041.
Comment submission: You may
submit written comments in advance of
the meeting by emailing them to the
ANS Task Force Executive Secretary
(see FOR FURTHER INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT:
Susan Pasko, ANS Task Force Executive
Secretary, by telephone at (703) 358–
2466, or by email at Susan_Pasko@
fws.gov.
Accessibility: The U.S. Fish and
Wildlife Service is committed to
providing access to this meeting for all
SUMMARY:
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participants. Please direct all requests
for sign language interpreting services,
closed captioning, or other
accommodation needs to the ANS Task
Force Executive Secretary, by using the
contact information above or via TTY at
800–877–8339, by close of business on
December 5, 2018.
We, the
U.S. Fish and Wildlife Service (Service),
announce a public meeting of the
Aquatic Nuisance Species (ANS) Task
Force, in accordance with the Federal
Advisory Committee Act (5 U.S.C.
Appendix 2). The ANS Task Force was
established by the Nonindigenous
Aquatic Nuisance Prevention and
Control Act of 1990, as amended
(NANPCA; 16 U.S.C. 4701 et seq.), is
composed of 13 Federal and 15 exofficio members, and is co-chaired by
the U.S. Fish and Wildlife Service and
the National Oceanic and Atmospheric
Administration. The ANS Task Force’s
purpose is to develop and implement a
program for U.S. waters to prevent
introduction and dispersal of aquatic
invasive species; to monitor, control,
and study such species; and to
disseminate related information.
SUPPLEMENTARY INFORMATION:
Meeting Agenda
• Discuss the content of the draft
ANS Task Force Strategic Plan for 2019–
2024.
• Review and discuss the draft ANS
Task Force Report to Congress for 2016–
2017.
• Respond to recommendations from
the ANS Task Force regional panels.
The final agenda and other related
meeting information will be posted on
the Task Force website at https://
anstaskforce.gov. Summary minutes of
the meeting will be maintained by the
Executive Secretary and will be
available for public inspection within
90 days after the meeting at https://
anstaskforce.gov.
Public Input
If you comment, before including
your address, phone number, email
address, or other personal identifying
information in your comment, you
should be aware that your entire
comment—including your personal
identifying information—may be made
publicly available at any time. While
you can ask us in your comment to
withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
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[Federal Register Volume 83, Number 231 (Friday, November 30, 2018)]
[Notices]
[Pages 61664-61667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25969]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS-R1-ES-2018-0095; FXES11140100000-190-FF01E00000]
Draft Environmental Impact Statement and Draft Habitat
Conservation Plan; Receipt of an Application for an Incidental Take
Permit for Marbled Murrelets, Bald Eagles, and Golden Eagles;
Skookumchuck Wind Energy Project, Lewis and Thurston Counties,
Washington
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for comments.
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SUMMARY: In accordance with the Endangered Species Act (ESA) and the
National Environmental Policy Act, we, the U.S. Fish and Wildlife
Service (Service), announce the availability of a draft habitat
conservation plan (HCP) in support of an application from Skookumchuck
Wind Energy Project, LLC, an affiliate of Renewable Energy Services
(applicant), for an incidental take permit (ITP) for the marbled
murrelet, listed as threatened under the ESA, and the bald eagle and
golden eagle, both of which are protected under the Bald and Golden
Eagle Protection Act. Incidental take is expected to result from the
operation of 38 commercial wind turbines and associated infrastructure
located near Centralia, Washington, in Lewis and Thurston Counties.
Also available for review is the Service's draft environmental impact
statement (DEIS), which was prepared in response to the application. We
are seeking public comments on the draft HCP and DEIS.
DATES: We will accept hardcopy comments received or postmarked on or
before January 14, 2019. Comments submitted online at https://www.regulations.gov/ (see ADDRESSES) must be received by 11:59 p.m.
Eastern Time on January 14, 2019.
Public Meetings: The Service will host two open house public
meetings at the following times during the public comment and review
period:
Chehalis, WA: Wednesday, December 5, 2018, from 6 to 8
p.m.
Lacey, WA: Monday, December 10, 2018, from 6 to 8 p.m.
ADDRESSES: Obtaining Documents for Review: The documents this notice
announces, as well as any comments and other material that we receive,
will be available for public inspection online in Docket No. FWS-R1-ES-
2018-0095 at https://www.regulations.gov/.
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Submitting Comments: You may submit comments by one of the
following methods:
Online: https://www.regulations.gov. Follow instructions
for submitting comments on Docket No. FWS-R1-ES-2018-0095.
U.S. mail or hand-delivery: U.S. Fish and Wildlife
Service, c/o Tim Romanski, 510 Desmond Dr. SE, Suite 102, Lacey, WA
98503.
Public meetings: You may also submit written comments
during public meetings. The meetings will be held at the following
locations:
100 SW Veterans Way, Chehalis, WA 98532
4220 6th Avenue SE, Room 194, Lacey, WA 98503
We will post all comments on https://www.regulations.gov. This
generally means that we will post online any personal information that
you provide (see Public Availability of Comments under SUPPLEMENTARY
INFORMATION). We request that you send comments by only the methods
described above.
Reviewing U.S. Environmental Protection Agency (EPA) comments on
the draft HCP and DEIS: See EPA's Role in the EIS Process under
SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT: Tim Romanski, by telephone at 360-753-
5823, or by email at [email protected]. Hearing or speech impaired
individuals may call the Federal Relay Service at 800-877-8339 for TTY
assistance.
SUPPLEMENTARY INFORMATION: The Service received an incidental take
permit (ITP) application from the Skookumchuck Wind Energy Project, LLC
(applicant) in accordance with the requirements of the Endangered
Species Act, as amended (ESA; 16 U.S.C. 1531 et seq.). The applicant
prepared a draft habitat conservation plan (HCP) in support of the ITP
application and is seeking authorization for take of the marbled
murrelet (Brachyamphus marmoratus), listed as threatened under the ESA,
and the bald eagle (Haliaeetus leucocephalus) and golden eagle (Aquila
chrysaetos), which are not listed species under the ESA but are
protected by the Bald and Golden Eagle Protection Act (BGEPA; 16 U.S.C.
668-668d). Hereafter, the marbled murrelet, bald eagle, and golden
eagle are collectively referred to as the ``covered species.''
The ITP, if issued, would authorize incidental take of the covered
species that may occur as a result of the operation and maintenance of
the 38 commercial wind turbines over the 30-year permit term. This
includes, without limitation, ITP coverage for covered species
colliding with both stationary and operating project structures during
the permit term. In contrast, the applicant does not seek ITP coverage
for the construction phase of the wind project, which would include,
without limitation, constructing roads and turbine pads, and erecting
wind turbines. Nor does the applicant seek ITP coverage for the
facility-decommissioning phase of the project. The applicant
anticipates undertaking phased construction over a 9- to 12-month
period beginning in mid-2019.
The draft HCP describes how impacts to covered species would be
minimized and mitigated. The draft HCP also describes the covered
species' life history and ecology, as well as biological goals and
objectives of the HCP, the estimated take and its potential impact on
covered species' populations, adaptive management, monitoring, and
mitigation measures.
The Service prepared a draft environmental impact statement (DEIS)
in response to the ITP application in accordance with the requirements
of the National Environmental Policy Act (NEPA; 42 U.S.C. 4321 et
seq.). We are making the draft HCP and DEIS available for public review
and comment.
Background
Skookumchuck Wind Energy Project, LLC, intends to initiate
construction of a wind turbine facility in 2019, and commence wind
turbine operations as soon as possible. Detailed descriptions of the
project are found in section 2.0 of the HCP. The majority of the wind
project, including all of the 38 turbines, is located in Lewis County,
Washington, with some supporting infrastructure located in Thurston
County, Washington. The wind turbines are proposed to be constructed on
a prominent ridgeline on the Weyerhaeuser Vail Tree Farm, approximately
18 miles east of Centralia, Washington.
The project consists of a maximum of 38 wind turbines, with an
expected output of 137 megawatts (MW); a maximum wind turbine height of
492 feet (from ground to vertical blade tip); a maximum rotor diameter
of 446 feet; approximately 36.5 miles of existing roads that will be
upgraded; approximately 3.9 miles of new road that will be constructed;
17 miles of buried medium-voltage collection cable that will transport
power to a substation along the ridgeline; and 15 miles of transmission
line that will transport power to the Tono Substation.
The applicant has proposed a conservation program to avoid,
minimize, and mitigate for impacts to covered species. Avoidance and
minimization measures to benefit the marbled murrelet include project
design and planning efforts, and operational practices including
seasonal curtailment of turbine blades, installation of transmission
and distribution line flight diverters, shielding of artificial light
sources, measures to reduce murrelet collisions with vehicles on the
project site, and measures to prevent the artificial increase of
potential nest predators in the project area. Mitigation measures
intended to benefit the marbled murrelet include acquisition and
management of conservation lands to promote the preservation and
enhancement of suitable nesting habitat for the species, and funding
the removal of abandoned or derelict fishing nets in the Salish Sea.
Avoidance and minimization measures to benefit the bald eagle and
the golden eagle include project design and planning efforts, a mammal
carrion reporting program to reduce scavenging by eagles on the project
site, efforts that minimize creating cover for prey animals such as
rabbits to reduce eagle use near the wind project, and 2 years of
IdentiFlight[supreg] technology testing intended to reduce eagle
collisions with operating turbine blades. Mitigation measures intended
to benefit bald eagles and golden eagles consist of retrofitting power
poles to reduce probability of collision and electrocution.
Proposed Action
We propose to issue a 30-year permit for incidental take of marbled
murrelet, bald eagle, and golden eagle if the Skookumchuck Wind Energy
Project HCP meets all section 10(a)(1)(B) permit issuance criteria and,
with respect to bald eagles and golden eagles, all BGEPA permit
issuance criteria identified in 50 CFR 22.26 . The permit would
authorize take of each of the covered species incidental to the
operation and maintenance of the wind energy project.
Endangered Species Act
Section 9 of the ESA and its implementing regulations prohibit
``take'' of fish and wildlife species listed as endangered. The ESA
implementing regulations extend, under certain circumstances, the
prohibition of take to threatened species (50 CFR 17.31). 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. 1538). Under section 10(a) of the ESA,
the Service may issue permits to authorize
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incidental take of listed fish and wildlife species. ``Incidental
take'' is defined by the ESA as take that is incidental to, and not the
purpose of, carrying out an otherwise lawful activity. 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;
2. The applicant will, to the maximum extent practicable, minimize
and mitigate the impact of such taking;
3. The applicant will ensure that adequate funding for the plan
will be provided;
4. The taking will not appreciably reduce the likelihood of the
survival and recovery of the species in the wild; and
5. The applicant will carry out any other measures that the Service
may require as being necessary or appropriate for the purposes of the
HCP.
Bald and Golden Eagle Protection Act
Though the applicant is requesting incidental take for bald and
golden eagles under section 10(a)(1)(B) of the ESA, consistency with
the requirements of BGEPA (16 U.S.C. 668-668d) is also necessary. The
BGEPA prohibits take of eagles where ``take'' is defined as ``pursue,
shoot, shoot at, poison, wound, kill, capture, trap, collect, destroy,
molest, or disturb'' and where ``disturb'' is further defined as ``to
agitate or bother'' a bald or golden eagle to a degree that causes, or
is likely to cause, based on the best scientific information available:
(1) Injury to an eagle; (2) a decrease in its productivity, by
substantially interfering with normal breeding, feeding, or sheltering
behavior; or (3) nest abandonment, by substantially interfering with
normal breeding, feeding, or sheltering behavior (50 CFR 22.3).
Under 50 CFR 22.26, the Service has the authority to authorize take
of bald and golden eagles (generally, disturbance, injury, or killing)
that occurs incidental to an otherwise lawful activity. For the Service
to issue such a permit, the following required determinations must be
met (see 50 CFR 22.26(f)):
1. The taking will be compatible with the preservation of the bald
or golden eagle (further defined by the Service to mean ``consistent
with the goals of maintaining stable or increasing breeding populations
in all eagle management units and the persistence of local populations
throughout the geographic range of each species'');
2. The taking will protect an interest in a particular locality;
3. The taking will be associated with, but not the purpose of, the
activity;
4. The taking will be avoided and minimized by the applicant to the
extent practicable;
5. The applicant will have applied all appropriate and practical
compensatory mitigation measures, when required pursuant to 50 CFR
22.26(c);
6. Issuance of the permit will not preclude issuance of another
permit necessary to protect an interest of higher priority as set forth
in 50 CFR 22.26(e)(7); and
7. Issuance of the permit will not interfere with ongoing civil or
criminal action concerning unpermitted past eagle take at the project.
The Service can provide eagle take authorization through an ITP for
an HCP, which confers take authorization under the BGEPA without the
need for a separate permit, as long as the permit issuance criteria
under both ESA and BGEPA will be met by the conservation measures
included in the applicant's HCP. See 50 CFR 22.11(a).
National Environmental Policy Act
In compliance with NEPA (42 U.S.C. 4321 et seq.), the Service
prepared a DEIS, in which we analyze the proposed action and a
reasonable range of alternatives to the proposed action. Four
alternatives are analyzed in the DEIS.
No-action Alternative (Options A and B): No permit would
be issued, and the applicant's HCP would not be implemented. The No
Action consists of two options: Option A--No Project Operations and
Option B--No Project. Option A assumes the applicant would construct
the project before the Service makes a final permit decision, but would
not operate the project without an ITP. Option A is included in the
DEIS because the Applicant informed the Service that it may initiate
and complete construction before the Service makes a decision on the
ITP application. Option B assumes that the applicant would not
construct the project without an ITP. Under this option, nothing would
change from current conditions and no impacts would result from the
project.
The Proposed Alternative: Issuance of the requested permit
and implementation of the conservation program described in the
applicant's HCP.
Alternative 2: Under the Modified Project Site Design
Alternative, the project would not operate the five wind turbine
generators (WTGs) closest to documented marbled murrelet nest locations
for the duration of the ITP. The Service would issue an ITP authorizing
the level of incidental take expected to result from operation and
maintenance of the remaining 33 WTGs.
Alternative 3: Under the Enhanced Curtailment Alternative,
all 38 WTGs would operate under an expanded set of curtailment measures
intended to minimize the potential for take of the Covered Species. The
Service would issue an ITP authorizing the level of incidental take
expected to result from operation and maintenance of the project in
accordance with the additional curtailment measures.
The environmental consequences of each alternative were analyzed to
determine if significant environmental impacts would occur.
EPA's Role in the EIS Process
The EPA is charged with reviewing all Federal agencies' EISs and
commenting on the adequacy and acceptability of the environmental
impacts of proposed actions in EISs. Therefore, EPA is publishing a
notice in the Federal Register announcing this EIS, as required under
section 309 of the Clean Air Act. The publication date of EPA's notice
of availability is the official beginning of the public comment period.
EPA's notices are published on Fridays.
EPA serves as the repository (EIS database) for EISs prepared by
Federal agencies. All EISs must be filed with EPA. You may search for
EPA comments on EISs, along with EISs themselves, at https://cdxnodengn.epa.gov/cdx-enepa-public/action/eis/search.
Public Comments
You may submit your comments and materials by one of the methods in
ADDRESSES. We will also accept written comments at the public meetings.
We specifically request information on the following:
1. The identification and evaluation of archaeological and historic
resources that the proposed project may affect;
2. The proposed adaptive management framework for marbled murrelets
and for bald and golden eagles;
3. Potential impacts to the human environment that may occur during
the construction or decommissioning phases of the project (e.g.,
through collisions with construction equipment, stationary wind
turbines, or associated infrastructure);
4. Biological information and relevant data concerning the covered
species and other wildlife;
5. Information on bald eagle, golden eagle, and marbled murrelet
collisions with both stationary and moving objects such as wind
turbines in the terrestrial
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environment, particularly in a forested environment;
6. Potential direct, indirect, and cumulative impacts that
implementation of the proposed wind project and mitigation/minimization
measures could have on the covered species; and other endangered or
threatened species, and their associated ecological communities or
habitats; and other aspects of the human environment;
7. Whether there are additional connected, similar, or reasonably
foreseeable cumulative actions and their possible impacts on the human
environment including, without limitation, marbled murrelet, bald
eagle, and golden eagle, which were not identified in the DEIS;
8. Other possible reasonable alternatives to the proposed permit
action that the Service should consider, including additional or
alternative avoidance, minimization, and mitigation measures; and
9. Other information relevant to the proposed wind project and
impacts to the human environment.
Public Availability of Comments
We will post on https://regulations.gov all public comments and
information received electronically or via hardcopy. Written comments
we receive become part of the administrative record associated with
this action. Before including your address, phone number, email
address, or other personal identifying information in your comment, you
should be aware that your entire comment--including your personal
identifying information--may be made publicly available at any time.
While you can request in your comment that we withhold your personal
identifying information from public review, we cannot guarantee that we
will be able to do so. All submissions from organizations or
businesses, and from individuals identifying themselves as
representatives or officials of organizations or businesses, will be
made available for public disclosure in their entirety.
Reasonable Accommodations
Persons needing reasonable accommodations in order to attend and
participate in the public meetings should contact the Service's
Washington Fish and Wildlife Office, using one of the methods listed in
ADDRESSES as soon as possible. In order to allow sufficient time to
process requests, please make contact no later than one week before the
public meetings. Information regarding this proposed action is
available in alternative formats upon request.
Authority: We provide this notice in accordance with the
requirements of section 10 of the ESA (16 U.S.C. 1531 et seq.) and
NEPA regulations (40 CFR 1501.7, 40 CFR 1506.5, 1506.6, and
1508.22).
Katherine B. Hollar,
Acting Deputy Regional Director, Pacific Region, U.S. Fish and Wildlife
Service.
[FR Doc. 2018-25969 Filed 11-29-18; 8:45 am]
BILLING CODE 4333-15-P
