Final Programmatic Environmental Impact Statement, Habitat Conservation Plan, and Habitat Conservation Plan Amendments; Incidental Take Permits for Four Wind Energy Projects in Hawaii, 37909-37912 [2019-16398]
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37909
Federal Register / Vol. 84, No. 149 / Friday, August 2, 2019 / Notices
FOR FURTHER INFORMATION CONTACT:
Anna P. Guido, Reports Management
Officer, QMAC, Department of Housing
and Urban Development, 451 7th Street
SW, Washington, DC 20410; email her at
Anna.P.Guido@hud.gov or telephone
202–402–5535. This is not a toll-free
number. Person with hearing or speech
impairments may access this number
through TTY by calling the toll-free
Federal Relay Service at (800) 877–8339.
Copies of available documents
submitted to OMB may be obtained
from Ms. Guido.
This
notice informs the public that HUD is
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A. Overview of Information Collection
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Respondents (i.e., affected public):
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Hourly
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response
Annual
cost
2506–0020 .............................................
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Total ................................................
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B. Solicitation of Public Comment
DEPARTMENT OF THE INTERIOR
This notice is soliciting comments
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Fish and Wildlife Service
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Dated: July 17, 2019.
Anna P. Guido,
Department Reports Management Officer,
Office of the Chief Information Officer.
[FR Doc. 2019–16593 Filed 8–1–19; 8:45 am]
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Final Programmatic Environmental
Impact Statement, Habitat
Conservation Plan, and Habitat
Conservation Plan Amendments;
Incidental Take Permits for Four Wind
Energy Projects in Hawaii
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), announce the
availability of a final programmatic
environmental impact statement (PEIS),
prepared in accordance with the
National Environmental Policy Act,
analyzing the impacts of the issuance of
incidental take permits (ITPs) or ITP
amendments for the continued
operation of four similar wind energy
facilities. The permit actions would
involve implementation of a new habitat
conservation plan (HCP) for the Pakini
Nui Wind Farm on the Island of Hawaii
and major amendments to three existing
HCPs: The Auwahi Wind and Kaheawa
Wind Power II projects located on Maui,
and the Kawailoa Wind project on
Oahu. All four wind energy facilities are
already in operation. The four
applicants are requesting ITPs covering
the take of species listed as endangered
under the Endangered Species Act
likely to be caused by the continued
operation of the projects. The HCPs
describe the steps each applicant
SUMMARY:
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proposes to minimize, mitigate, and
monitor incidental take of the covered
species.
A record of decision for each of
the four HCPs will be finalized no
sooner than September 3, 2019.
ADDRESSES: Electronic copies of the
final PEIS, HCP, and HCP amendments
are available at https://www.fws.gov/
pacificislands. Copies of these
documents are also available for public
inspection during regular business
hours, at the Pacific Islands Fish and
Wildlife Office, 300 Ala Moana
Boulevard, Room 3–122, Honolulu, HI
96850.
DATES:
FOR FURTHER INFORMATION CONTACT:
Michelle Bogardus, at 808–792–9473, or
Darren LeBlanc at 808–792–9403.
Persons who use a telecommunications
device for the deaf (TDD) may call the
Federal Relay Service (FRS) at 800–877–
8339 during normal business hours. The
FRS is also available 24 hours a day, 7
days a week, to leave a message or
question.
The
Service received incidental take permit
(ITP) applications from four wind
energy companies (applicants) in
accordance with the requirements of the
Endangered Species Act, as amended
(ESA; 16 U.S.C. 1531 et seq.). The
proposed ITP and ITP amendments
would authorize take of one or more of
the following species: The endangered
Hawaiian hoary bat (Lasiurus cinereus
semotus), the endangered Hawaiian
goose (Branta sandvicensis), and the
endangered Hawaiian petrel
(Pterodroma sandwichensis), hereafter
SUPPLEMENTARY INFORMATION:
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collectively referred to as the covered
species.
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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 Hawaii. Tawhiri Power, LLC,
submitted a draft HCP to support their
request for an ITP, but has not yet
obtained an ITP for their project. The
Pakini Nui Wind Farm, which began
operations in April 2007, consists of
fourteen 1.5 megawatt (MW) wind
turbine generators. Ancillary facilities
include 1 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 26
Hawaiian hoary bats, 3 Hawaiian
petrels, and 3 Hawaiian geese over an 8year permit term.
Pakini Nui proposes to implement
nighttime low-wind speed curtailment
(LWSC) at 5.0 meters per second (m/s)
year round to minimize take of
Hawaiian hoary bats. To mitigate for
bats, they propose to fund the
restoration of 1,200 acres at Hawaii
Volcanoes National Park. Pakini Nui
also proposes to fund an increase in
predator control and commit funds for
maintenance of a 5-mile cat barrier
fence encompassing 600 acres of
breeding habitat for the Hawaiian petrel
on Mauna Loa. For Hawaiian goose
mitigation, they propose to provide
funds for the construction of a new 7acre fenced enclosure at Piihonua on the
Island of Hawaii.
Auwahi Wind
The Auwahi Wind project began
commercial operation on December 28,
2012, and is located on Ulupalakua
Ranch in east Maui. Auwahi Wind
Energy, LLC, was originally issued an
ITP from the Service on February 24,
2012. The Auwahi Wind project
consists of eight Siemens 3.0-MW wind
turbines, augmented with an 11-MW
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, which was amended
in 2014, authorized the following
amounts of incidental take over the 25year permit term: 5 Hawaiian geese; 87
Hawaiian petrels; 21 Hawaiian hoary
bats; and all Blackburn’s sphinx moths
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(Manduca blackburni) larvae and eggs
within the footprint of the facility.
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 119
Hawaiian hoary bats (for a total of 140)
over the 25-year permit term, which
expires in 2037.
Auwahi Wind proposes to implement
nighttime LWSC year-round at 5.0 m/s
cut-in speed, and increase the LWSC to
6.9 m/s during the period August to
October, when higher rates of take have
occurred. They also propose to mitigate
the take through reforestation and the
creation of water features on up to 2,950
acres of ranchland.
Kaheawa Wind Power II
The KWP II project is located at
Kaheawa Pastures above Maalaea town
in the southwestern portion of the
island of Maui, and began commercial
operations in July 2012. KWP II, LLC,
was issued an ITP in January 2012. The
KWP II project consists of fourteen 1.5MW 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 authorized the
following levels of incidental take over
the 20-year permit term, which expires
in 2032: 8 Newell’s shearwaters
(Puffinus auricularis newelli), 11
Hawaiian hoary bats, 30 Hawaiian
geese, and 43 Hawaiian petrels.
KWP 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. KWP II, LLC, is
requesting incidental take authorization
for an additional 27 Hawaiian hoary
bats (for a total of 38 bats) and an
additional 14 Hawaiian geese (for a total
of 44 geese) over the 20-year permit
term. KWP II proposes to implement
nighttime LWSC at 5.0 m/s year-round
and increase LWSC to 5.5 m/s from
February 15 to December 15.
Proposed mitigation activities for the
Hawaiian goose include funding the
Hawaii Division of Forestry and
Wildlife to conduct predator control
activities at a breeding pen on Maui, at
either Piiholo Ranch or Haleakala
Ranch. For Hawaiian hoary bat
mitigation, KWP II proposes to fund a
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research project being conducted by the
U.S. Geological Survey to examine
home range size, habitat use, diet, and
breeding demography at roosting sites
on the Island of Hawaii.
Kawailoa Wind Power
The Kawailoa Wind Power project is
located approximately 4 miles from
Haleiwa town on the north shore of the
island of Oahu, and began commercial
operations in November of 2012.
Kawailoa Wind Power, LLC, was issued
an ITP on December 8, 2011. The
Kawailoa Wind Power project consists
of thirty 2.3-MW wind turbine
generators. Ancillary facilities include
an underground electrical collection
system, an operation and maintenance
facility, and an approximately 4-mile
above-ground transmission line.
The original ITP authorized the
following amounts of incidental take
over a 20-year permit term: 60 Hawaiian
hoary bats; 12 Hawaiian ducks (Anas
wyvilliana); 18 Hawaiian moorhens
(Gallinula galeata sandvicensis, also
known as the Hawaiian gallinule); 18
Hawaiian coots (Fulica americana alai);
24 Hawaiian stilts (Himantopus
mexicanus knudseni); and 15 Newell’s
shearwaters.
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 160
Hawaiian hoary bats (for a total of 220
bats) over the 20-year permit term,
which expires in 2031. Additionally,
Kawailoa Wind Power has documented
the take of two Hawaiian petrels at the
site. Incidental take of this species was
not authorized in their existing ITP;
therefore, Kawailoa Wind Power, LLC,
is requesting incidental take
authorization for 24 Hawaiian petrels in
their permit amendment.
Kawailoa Wind Power proposes to
extend nighttime LWSC to year-round at
5.2 m/s, and test a bat deterrent in
collaboration with NRG Systems. They
also propose to provide a portion of the
funding for the protection of 2,882 acres
in the Koolau Mountains of Oahu, and
protect/preserve or restore an additional
2,131 acres as mitigation for bat take
impacts. To mitigate Hawaiian petrel
take impacts, Kawailoa Wind proposes
to fund the Hawaii Division of Forestry
and Wildlife to conduct predator control
activities within a petrel breeding
colony at Hanakapiai and Hanakoa,
Kauai.
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Background
The Pakini Nui Wind Farm, Auwahi
Wind, KWP II, and the Kawailoa Wind
Power projects have each applied for a
separate ITP under section 10(a)(1)(B) of
the ESA. The PEIS was developed in
response to these four ITP applications
in accordance with the requirements of
the National Environmental Policy Act
(NEPA; 42 U.S.C. 4321 et seq.). 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;
creation of a single document that the
public is more likely to understand; a
reduction in duplicative information
that would otherwise appear in four
EISs; improved consistency in the NEPA
analysis; and a more efficient and
comprehensive solicitation of public
input.
The HCP and HCP amendments
describe how impacts to covered species
would be minimized and mitigated. The
HCPs also describe the covered species’
life history and ecology, the HCP
biological goals and objectives, the
estimated take and its potential impact
on covered species’ populations,
adaptive management and monitoring
procedures, and mitigation measures for
each project.
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Endangered Species Act
Section 9 of the ESA and its
implementing regulations in title 50 of
the Code of Federal 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. 1532(19)).
Section 10(a)(1)(B) of the ESA
contains provisions for issuing ITPs 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) an 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
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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.
National Environmental Policy Act
The development of an HCP and the
proposed issuance of an ITP comprise a
Federal action that triggers the need for
compliance with NEPA. We reviewed
public comments on the draft PEIS to
inform preparation of a final PEIS
analyzing the environmental impacts of
a range of alternatives related to the
issuance of the ITPs and
implementation of the proposed
mitigation actions under each HCP. The
alternatives include: No Action, the
Proposed Action, and Increased
Curtailment.
Under the No Action Alternative, the
Service would not issue the requested
project ITP or ITP amendments, and the
respective HCP or amendments would
not be implemented. The Service
expects that the applicants would act in
a reasonable manner in order not to be
legally liable for unauthorized take of
the Hawaiian hoary bat, Hawaiian
petrel, and the Hawaiian goose. The
Service assumes that (a) all applicants
would shut off wind turbine operations
at night to fully avoid take of Hawaiian
hoary bat, (b) that the three applicants
seeking to amend their existing permits
would continue operating turbines
during the day as long as they continued
to be in compliance with their existing
ITPs, and (c) that Pakini Nui would
implement other reasonable measures to
avoid take of listed species.
Under the Proposed Action
Alternative, the applicants would
implement their HCPs in accordance
with the descriptions provided above in
SUPPLEMENTARY INFORMATION.
Under the Increased Curtailment
alternative, the Service would issue the
ITPs with a condition that the applicant
would shut down turbines at night,
between April 15 and September 15,
when Hawaiian hoary bats are observed
to be rearing young and are most active.
Mitigation activities would be reduced
commensurate with take levels.
Nighttime LWSC activities listed under
the Proposed Action alternative would
occur during the remainder of the year
(September 16 through April 14).
Under the Increased Curtailment
alternative, the Service would issue an
ITP amendment to Auwahi Wind Power
for up to 84 additional Hawaiian hoary
bats through the end of its permit term
in 2037. Kawailoa Wind would be
issued a permit amendment for up to 83
additional Hawaiian hoary bats and 24
Hawaiian petrels through the permit
term ending in 2031. KWP II would be
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issued an ITP amendment for take of an
additional 16 Hawaiian hoary bats and
14 Hawaiian geese under alternative 3
for a permit term ending in 2032.
Finally, Pakini Nui Wind Farm would
be issued a new ITP allowing take of 16
Hawaiian hoary bats, 3 Hawaiian
petrels, and 3 Hawaiian geese through
the permit term ending in 2029.
EPA’s Role in the EIS Process
In addition to this notice, the 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 Involvement
The notice of intent to prepare a
programmatic EIS was published in the
Federal Register on June 1, 2018 (83 FR
25475), announcing the start of a 30-day
public scoping period. During the
scoping period, public scoping meetings
were held on each of the three islands
where the proposed wind projects were
located: Oahu, on June 21, 2018; Maui,
on June 20, 2018; and the Island of
Hawaii, on June 18, 2018. Eighteen
members of the public attended the
scoping meetings, and 12 scoping
comment letters were received by the
Service.
The notice of availability for the draft
Programmatic EIS was published in the
Federal Register on April 26, 2019 (84
FR 17875), for a 45-day public comment
period. Public information meetings
were held on Oahu, Maui, and the
Island of Hawaii on May 21, 22, and 23,
2019, respectively. A total of 29
members of the public attended the
meetings, and 41 comment letters were
received during the comment period.
Next Steps
We will evaluate the permit
applications, associated documents, and
public comments in reaching a final
decision on whether the applications
meet the requirements of section 10(a)
of the ESA (16 U.S.C. 1531 et seq.). We
will evaluate whether each proposed
permit action would comply with
section 7 of the ESA by conducting an
intra-Service section 7 consultation. We
will use the results of this consultation,
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in combination with the above findings,
in our final analysis to determine
whether or not to issue an ITP to each
applicant. We will issue a record of
decision and issue or deny each ITP no
sooner than the date specified above in
DATES.
Public Review
We are not requesting public
comments on the final PEIS and HCPs,
but any written comments we receive
will become part of the public record
associated with these actions. 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.
Authority
We provide this notice in accordance
with the requirements of section 10(c) of
the ESA and its implementing
regulations (50 CFR 17.22 and 17.32),
and per NEPA and its implementing
regulations (40 CFR 1506.6).
Robyn Thorson,
Regional Director, Pacific Region, U.S. Fish
and Wildlife Service.
[FR Doc. 2019–16398 Filed 8–1–19; 8:45 am]
BILLING CODE 4333–15–P
Applicant, city,
state
Application No.
Deidre Duffy, Durango, CO.
TE35101D–0 ......
Schmueser Gordon
Meyer, Inc.,
Glenwood
Springs, CO.
University of Wyoming, Laramie,
WY.
TE37953D–0 ......
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TE145090–2 .......
Wind Cave National Park, Hot
Springs, SD.
Endangered and Threatened Species;
Receipt of Recovery Permit
Applications
AGENCY:
Fish and Wildlife Service,
Interior.
Notice of receipt of permit
applications; request for comments.
ACTION:
We, the U.S. Fish and
Wildlife Service, have received
applications for permits to conduct
activities intended to enhance the
propagation or survival of endangered
species under the Endangered Species
Act. We invite the public and local,
State, Tribal, and Federal agencies to
comment on these applications. Before
issuing any of the requested permits, we
will take into consideration any
information that we receive during the
public comment period.
DATES: We must receive your written
comments by September 3, 2019.
ADDRESSES: Document availability and
comment submission: Use one of the
following methods to request
documents or submit comments.
Requests and comments should specify
the applicant name(s) and application
number(s) (e.g., TE123456):
• Email: permitsR6ES@fws.gov.
• U.S. Mail: Marjorie Nelson, Chief,
Division of Ecological Services, U.S.
Fish and Wildlife Service, 134 Union
Blvd., Suite 670, Lakewood, CO 80228.
FOR FURTHER INFORMATION CONTACT:
Kathy Konishi, Recovery Permits
Coordinator, Ecological Services, 303–
SUMMARY:
SUPPLEMENTARY INFORMATION:
Background
The Endangered Species Act of 1973,
as amended (ESA; 16 U.S.C. 1531 et
seq.), prohibits certain activities with
endangered and threatened species
unless authorized by a Federal permit.
The ESA and our implementing
regulations in part 17 of title 50 of the
Code of Federal Regulations (CFR)
provide for the issuance of such permits
and require that we invite public
comment before issuing permits for
activities involving endangered species.
A recovery permit issued by us under
section 10(a)(1)(A) of the ESA
authorizes the permittee to conduct
activities with endangered species for
scientific purposes that promote
recovery or for enhancement of
propagation or survival of the species.
Our regulations implementing section
10(a)(1)(A) for these permits are found
at 50 CFR 17.22 for endangered wildlife
species, 50 CFR 17.32 for threatened
wildlife species, 50 CFR 17.62 for
endangered plant species, and 50 CFR
17.72 for threatened plant species.
Permit Applications Available for
Review and Comment
We invite local, State, and Federal
agencies; Tribes; and the public to
comment on the following applications.
Take activity
Southwestern willow flycatcher
(Empidonax traillii extimus), New
Mexico meadow jumping mouse
(Zapus hudsonius luteus).
Southwestern willow flycatcher
(Empidonax traillii extimus).
CO, UT, NM ..........
Presence/absence surveys, population
monitoring.
Renew.
CO ........................
Presence/absence surveys, population
monitoring.
New.
Wyoming toad (Bufo hemiophrys
baxteri).
WY ........................
New.
Black-footed ferret (Mustela nigripes) ..
SD .........................
Presence/absence surveys using radio
transmitters, bio samples to determine disease prevalence, genetic
analysis using skin swabs, population enhancement via releases of
propagated toads at multiple established reintroduction sites.
Presence/absence surveys, capture,
mark, vaccinate, release, reintroduce, and monitor populations.
Written comments we receive become
part of the administrative record. Before
18:02 Aug 01, 2019
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Location
Public Availability of Comments
VerDate Sep<11>2014
Fish and Wildlife Service
Species
TE09897C–1 ......
236–4224 (phone), or permitsR6ES@
fws.gov (email). Individuals who are
hearing or speech impaired may call the
Federal Relay Service at 1–800–877–
8339 for TTY assistance.
DEPARTMENT OF THE INTERIOR
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including your address, phone number,
email address, or other personal
identifying information in your
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Permit action
Renew.
comment, you should be aware that
your entire comment—including your
personal identifying information—may
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]]>Agencies
[Federal Register Volume 84, Number 149 (Friday, August 2, 2019)]
[Notices]
[Pages 37909-37912]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16398]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R1-ES-2019-N085; FXES11140100000-190-FF01E00000]
Final Programmatic Environmental Impact Statement, Habitat
Conservation Plan, and Habitat Conservation Plan Amendments; Incidental
Take Permits for Four Wind Energy Projects in Hawaii
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the
availability of a final programmatic environmental impact statement
(PEIS), prepared in accordance with the National Environmental Policy
Act, analyzing the impacts of the issuance of incidental take permits
(ITPs) or ITP amendments for the continued operation of four similar
wind energy facilities. The permit actions would involve implementation
of a new habitat conservation plan (HCP) for the Pakini Nui Wind Farm
on the Island of Hawaii and major amendments to three existing HCPs:
The Auwahi Wind and Kaheawa Wind Power II projects located on Maui, and
the Kawailoa Wind project on Oahu. All four wind energy facilities are
already in operation. The four applicants are requesting ITPs covering
the take of species listed as endangered under the Endangered Species
Act likely to be caused by the continued operation of the projects. The
HCPs describe the steps each applicant proposes to minimize, mitigate,
and monitor incidental take of the covered species.
DATES: A record of decision for each of the four HCPs will be finalized
no sooner than September 3, 2019.
ADDRESSES: Electronic copies of the final PEIS, HCP, and HCP amendments
are available at https://www.fws.gov/pacificislands. Copies of these
documents are also available for public inspection during regular
business hours, at the Pacific Islands Fish and Wildlife Office, 300
Ala Moana Boulevard, Room 3-122, Honolulu, HI 96850.
FOR FURTHER INFORMATION CONTACT: Michelle Bogardus, at 808-792-9473, or
Darren LeBlanc at 808-792-9403. Persons who use a telecommunications
device for the deaf (TDD) may call the Federal Relay Service (FRS) at
800-877-8339 during normal business hours. The FRS is also available 24
hours a day, 7 days a week, to leave a message or question.
SUPPLEMENTARY INFORMATION: The Service received incidental take permit
(ITP) applications from four wind energy companies (applicants) in
accordance with the requirements of the Endangered Species Act, as
amended (ESA; 16 U.S.C. 1531 et seq.). The proposed ITP and ITP
amendments would authorize take of one or more of the following
species: The endangered Hawaiian hoary bat (Lasiurus cinereus semotus),
the endangered Hawaiian goose (Branta sandvicensis), and the endangered
Hawaiian petrel (Pterodroma sandwichensis), hereafter
[[Page 37910]]
collectively referred to as the covered species.
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 Hawaii. Tawhiri
Power, LLC, submitted a draft HCP to support their request for an ITP,
but has not yet obtained an ITP for their project. The Pakini Nui Wind
Farm, which began operations in April 2007, consists of fourteen 1.5
megawatt (MW) wind turbine generators. Ancillary facilities include 1
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 26 Hawaiian hoary bats,
3 Hawaiian petrels, and 3 Hawaiian geese over an 8-year permit term.
Pakini Nui proposes to implement nighttime low-wind speed
curtailment (LWSC) at 5.0 meters per second (m/s) year round to
minimize take of Hawaiian hoary bats. To mitigate for bats, they
propose to fund the restoration of 1,200 acres at Hawaii Volcanoes
National Park. Pakini Nui also proposes to fund an increase in predator
control and commit funds for maintenance of a 5-mile cat barrier fence
encompassing 600 acres of breeding habitat for the Hawaiian petrel on
Mauna Loa. For Hawaiian goose mitigation, they propose to provide funds
for the construction of a new 7-acre fenced enclosure at Piihonua on
the Island of Hawaii.
Auwahi Wind
The Auwahi Wind project began commercial operation on December 28,
2012, and is located on Ulupalakua Ranch in east Maui. Auwahi Wind
Energy, LLC, was originally issued an ITP from the Service on February
24, 2012. The Auwahi Wind project consists of eight Siemens 3.0-MW wind
turbines, augmented with an 11-MW 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, which was amended in 2014, authorized the
following amounts of incidental take over the 25-year permit term: 5
Hawaiian geese; 87 Hawaiian petrels; 21 Hawaiian hoary bats; and all
Blackburn's sphinx moths (Manduca blackburni) larvae and eggs within
the footprint of the facility.
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 119 Hawaiian hoary bats (for a total of 140) over the 25-
year permit term, which expires in 2037.
Auwahi Wind proposes to implement nighttime LWSC year-round at 5.0
m/s cut-in speed, and increase the LWSC to 6.9 m/s during the period
August to October, when higher rates of take have occurred. They also
propose to mitigate the take through reforestation and the creation of
water features on up to 2,950 acres of ranchland.
Kaheawa Wind Power II
The KWP II project is located at Kaheawa Pastures above Maalaea
town in the southwestern portion of the island of Maui, and began
commercial operations in July 2012. KWP II, LLC, was issued an ITP in
January 2012. The KWP II project consists of fourteen 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 authorized the following levels of incidental take
over the 20-year permit term, which expires in 2032: 8 Newell's
shearwaters (Puffinus auricularis newelli), 11 Hawaiian hoary bats, 30
Hawaiian geese, and 43 Hawaiian petrels.
KWP 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.
KWP II, LLC, is requesting incidental take authorization for an
additional 27 Hawaiian hoary bats (for a total of 38 bats) and an
additional 14 Hawaiian geese (for a total of 44 geese) over the 20-year
permit term. KWP II proposes to implement nighttime LWSC at 5.0 m/s
year-round and increase LWSC to 5.5 m/s from February 15 to December
15.
Proposed mitigation activities for the Hawaiian goose include
funding the Hawaii Division of Forestry and Wildlife to conduct
predator control activities at a breeding pen on Maui, at either
Piiholo Ranch or Haleakala Ranch. For Hawaiian hoary bat mitigation,
KWP II proposes to fund a research project being conducted by the U.S.
Geological Survey to examine home range size, habitat use, diet, and
breeding demography at roosting sites on the Island of Hawaii.
Kawailoa Wind Power
The Kawailoa Wind Power project is located approximately 4 miles
from Haleiwa town on the north shore of the island of Oahu, and began
commercial operations in November of 2012. Kawailoa Wind Power, LLC,
was issued an ITP on December 8, 2011. The Kawailoa Wind Power project
consists of thirty 2.3-MW wind turbine generators. Ancillary facilities
include an underground electrical collection system, an operation and
maintenance facility, and an approximately 4-mile above-ground
transmission line.
The original ITP authorized the following amounts of incidental
take over a 20-year permit term: 60 Hawaiian hoary bats; 12 Hawaiian
ducks (Anas wyvilliana); 18 Hawaiian moorhens (Gallinula galeata
sandvicensis, also known as the Hawaiian gallinule); 18 Hawaiian coots
(Fulica americana alai); 24 Hawaiian stilts (Himantopus mexicanus
knudseni); and 15 Newell's shearwaters.
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 160 Hawaiian hoary bats (for a total of 220 bats) over the
20-year permit term, which expires in 2031. Additionally, Kawailoa Wind
Power has documented the take of two Hawaiian petrels at the site.
Incidental take of this species was not authorized in their existing
ITP; therefore, Kawailoa Wind Power, LLC, is requesting incidental take
authorization for 24 Hawaiian petrels in their permit amendment.
Kawailoa Wind Power proposes to extend nighttime LWSC to year-round
at 5.2 m/s, and test a bat deterrent in collaboration with NRG Systems.
They also propose to provide a portion of the funding for the
protection of 2,882 acres in the Koolau Mountains of Oahu, and protect/
preserve or restore an additional 2,131 acres as mitigation for bat
take impacts. To mitigate Hawaiian petrel take impacts, Kawailoa Wind
proposes to fund the Hawaii Division of Forestry and Wildlife to
conduct predator control activities within a petrel breeding colony at
Hanakapiai and Hanakoa, Kauai.
[[Page 37911]]
Background
The Pakini Nui Wind Farm, Auwahi Wind, KWP II, and the Kawailoa
Wind Power projects have each applied for a separate ITP under section
10(a)(1)(B) of the ESA. The PEIS was developed in response to these
four ITP applications in accordance with the requirements of the
National Environmental Policy Act (NEPA; 42 U.S.C. 4321 et seq.). 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; creation of a
single document that the public is more likely to understand; a
reduction in duplicative information that would otherwise appear in
four EISs; improved consistency in the NEPA analysis; and a more
efficient and comprehensive solicitation of public input.
The HCP and HCP amendments describe how impacts to covered species
would be minimized and mitigated. The HCPs also describe the covered
species' life history and ecology, the HCP biological goals and
objectives, the estimated take and its potential impact on covered
species' populations, adaptive management and monitoring procedures,
and mitigation measures for each project.
Endangered Species Act
Section 9 of the ESA and its implementing regulations in title 50
of the Code of Federal 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.
1532(19)).
Section 10(a)(1)(B) of the ESA contains provisions for issuing ITPs
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) an
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.
National Environmental Policy Act
The development of an HCP and the proposed issuance of an ITP
comprise a Federal action that triggers the need for compliance with
NEPA. We reviewed public comments on the draft PEIS to inform
preparation of a final PEIS analyzing the environmental impacts of a
range of alternatives related to the issuance of the ITPs and
implementation of the proposed mitigation actions under each HCP. The
alternatives include: No Action, the Proposed Action, and Increased
Curtailment.
Under the No Action Alternative, the Service would not issue the
requested project ITP or ITP amendments, and the respective HCP or
amendments would not be implemented. The Service expects that the
applicants would act in a reasonable manner in order not to be legally
liable for unauthorized take of the Hawaiian hoary bat, Hawaiian
petrel, and the Hawaiian goose. The Service assumes that (a) all
applicants would shut off wind turbine operations at night to fully
avoid take of Hawaiian hoary bat, (b) that the three applicants seeking
to amend their existing permits would continue operating turbines
during the day as long as they continued to be in compliance with their
existing ITPs, and (c) that Pakini Nui would implement other reasonable
measures to avoid take of listed species.
Under the Proposed Action Alternative, the applicants would
implement their HCPs in accordance with the descriptions provided above
in SUPPLEMENTARY INFORMATION.
Under the Increased Curtailment alternative, the Service would
issue the ITPs with a condition that the applicant would shut down
turbines at night, between April 15 and September 15, when Hawaiian
hoary bats are observed to be rearing young and are most active.
Mitigation activities would be reduced commensurate with take levels.
Nighttime LWSC activities listed under the Proposed Action alternative
would occur during the remainder of the year (September 16 through
April 14).
Under the Increased Curtailment alternative, the Service would
issue an ITP amendment to Auwahi Wind Power for up to 84 additional
Hawaiian hoary bats through the end of its permit term in 2037.
Kawailoa Wind would be issued a permit amendment for up to 83
additional Hawaiian hoary bats and 24 Hawaiian petrels through the
permit term ending in 2031. KWP II would be issued an ITP amendment for
take of an additional 16 Hawaiian hoary bats and 14 Hawaiian geese
under alternative 3 for a permit term ending in 2032. Finally, Pakini
Nui Wind Farm would be issued a new ITP allowing take of 16 Hawaiian
hoary bats, 3 Hawaiian petrels, and 3 Hawaiian geese through the permit
term ending in 2029.
EPA's Role in the EIS Process
In addition to this notice, the 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 Involvement
The notice of intent to prepare a programmatic EIS was published in
the Federal Register on June 1, 2018 (83 FR 25475), announcing the
start of a 30-day public scoping period. During the scoping period,
public scoping meetings were held on each of the three islands where
the proposed wind projects were located: Oahu, on June 21, 2018; Maui,
on June 20, 2018; and the Island of Hawaii, on June 18, 2018. Eighteen
members of the public attended the scoping meetings, and 12 scoping
comment letters were received by the Service.
The notice of availability for the draft Programmatic EIS was
published in the Federal Register on April 26, 2019 (84 FR 17875), for
a 45-day public comment period. Public information meetings were held
on Oahu, Maui, and the Island of Hawaii on May 21, 22, and 23, 2019,
respectively. A total of 29 members of the public attended the
meetings, and 41 comment letters were received during the comment
period.
Next Steps
We will evaluate the permit applications, associated documents, and
public comments in reaching a final decision on whether the
applications meet the requirements of section 10(a) of the ESA (16
U.S.C. 1531 et seq.). We will evaluate whether each proposed permit
action would comply with section 7 of the ESA by conducting an intra-
Service section 7 consultation. We will use the results of this
consultation,
[[Page 37912]]
in combination with the above findings, in our final analysis to
determine whether or not to issue an ITP to each applicant. We will
issue a record of decision and issue or deny each ITP no sooner than
the date specified above in DATES.
Public Review
We are not requesting public comments on the final PEIS and HCPs,
but any written comments we receive will become part of the public
record associated with these actions. 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.
Authority
We provide this notice in accordance with the requirements of
section 10(c) of the ESA and its implementing regulations (50 CFR 17.22
and 17.32), and per NEPA and its implementing regulations (40 CFR
1506.6).
Robyn Thorson,
Regional Director, Pacific Region, U.S. Fish and Wildlife Service.
[FR Doc. 2019-16398 Filed 8-1-19; 8:45 am]
BILLING CODE 4333-15-P
