Notice of Availability of Draft Environmental Assessment on the Effects of Issuing an Incidental Take Permit No. 21316, 51116-51118 [2019-20975]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 84, Number 188 (Friday, September 27, 2019)]
[Notices]
[Pages 51116-51118]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20975]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XF362


Notice of Availability of Draft Environmental Assessment on the 
Effects of Issuing an Incidental Take Permit No. 21316

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice; availability of a Draft Environmental Assessment and 
receipt of revised application; request for comments.

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SUMMARY: NMFS announces the availability of the revised application and 
Draft Environmental Assessment (EA) on the effects of issuing an 
Incidental Take Permit (ITP) (No. 21316) to Barney M. Davis L.P., 
pursuant to the Endangered Species Act (ESA) of 1973, as amended, for 
the incidental take of green (Chelonia mydas, North Atlantic Distinct 
Population Segment) and Kemp's ridley (Lepidochelys kempii) sea turtles 
associated with the otherwise lawful operation of the Barney M. Davis 
Power Station in Corpus Christi, TX. The facility is requesting the 
permit be issued for a duration of 10 years.

[[Page 51117]]


DATES: Written comments must be received at the appropriate address or 
fax number (see ADDRESSES) on or before October 28, 2019.

ADDRESSES: The revised application and EA are available for download 
and review at https://www.fisheries.noaa.gov/action/incidental-take-permit-barney-davis-lp under the section heading Supporting Materials. 
The application is also available upon written request or by 
appointment in the following office: Marine Mammal and Sea Turtle 
Conservation Division, Office of Protected Resources, NMFS, 1315 East-
West Highway, Room 13752, Silver Spring, MD 20910; phone (301) 427-
8402; fax (301) 713-4060.
    You may submit comments, identified by NOAA-NMFS-2017-0104, by any 
of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2017-0104 click the ``Comment Now'' icon, 
complete the required fields, and enter or attach your comments.
     Fax: (301) 713-4060; Attn: Sara Wissmann.
     Mail: Submit written comments to Marine Mammal and Sea 
Turtle Conservation Division, Office of Protected Resources, NMFS, 1315 
East-West Highway, Room 13661, Silver Spring, MD 20910; Attn: Sara 
Wissmann.
    Instructions: You must submit comments by one of the above methods 
to ensure that we receive, document, and consider them. Comments sent 
by any other method, to any other address or individual, or received 
after the end of the comment period may not be considered. All comments 
received are a part of the public record and will generally be posted 
for public viewing on https://www.regulations.gov without change. All 
personal identifying information (e.g., name, address, etc.) 
confidential business information, or otherwise sensitive information 
submitted voluntarily by the sender will be publicly accessible. We 
will accept anonymous comments (enter ``N/A'' in the required fields if 
you wish to remain anonymous).

FOR FURTHER INFORMATION CONTACT:  Sara Wissmann, (301) 427-8402 or 
[email protected].

SUPPLEMENTARY INFORMATION: Publication of this notice begins the 
official public comment period for this draft EA. Per the National 
Environmental Policy Act (NEPA), the purpose of the draft EA is to 
evaluate the potential direct, indirect, and cumulative impacts caused 
by the issuance of Permit No. 21316 to Barney M. Davis L.P. for the 
incidental take of green (Chelonia mydas North Atlantic Distinct 
Population Segment) and Kemp's ridley (Lepidochelys kempii) sea turtles 
associated with the otherwise lawful activity of operating the Barney 
M. Davis Power Station. In addition, NMFS is furnishing this notice in 
order to allow other agencies and the public an opportunity to review 
and comment on the revised application. All comments received will 
become part of the public record and will be available for review.
    Section 9 of the ESA and Federal regulations prohibit the `taking' 
of a species listed as endangered or threatened. The ESA defines 
``take'' to mean harass, harm, pursue, hunt, shoot, wound, kill, trap, 
capture, or collect, or to attempt to engage in any such conduct. NMFS 
may issue permits, under limited circumstances to take listed species 
incidental to, and not the purpose of, otherwise lawful activities. 
Section 10(a)(1)(B) of the ESA provides a mechanism for authorizing 
incidental take of listed species. NMFS regulations governing permits 
for threatened and endangered species are promulgated at 50 CFR 
222.307.

Background

    Barney M. Davis, L.P. owns Barney M. Davis Power Station (the 
facility), a natural gas-fired electric power generating facility. The 
facility is located at 4301 Waldron Road, Corpus Christi, Nueces 
County, Texas. The facility has approximately 1,992 acres of land 
between the Laguna Madre and Oso Creek and is comprised of two natural 
gas-fired combustion turbines.
    The facility utilizes a 0.75-mile cooling water intake canal 
leading to the Cooling Water Intake Structure (CWIS) from the Laguna 
Madre. Although the facility has been in operation since 1974, the 
presence of sea turtles in the intake canal has only been documented 
during the past 10 years and is typically associated with cold-stunning 
events. During cooler months, sea turtles in the Laguna Madre become 
``cold-stunned'' and, therefore, become unable to swim normally. Once 
the sea turtles are cold-stunned, they float into the facility's intake 
canal, toward the facility. The facility has experienced an increased 
occurrence in the number of sea turtles in the intake canal during the 
winter months (December--March), which coincides with documented cold 
stunning events in this region of Texas.
    The facility currently coordinates with the Texas Sea Turtle 
Stranding and Salvage Network (STSSN) and the Texas Parks and Wildlife 
Department in the Coastal Conservation Association Marine Development 
Center to collect and relocate sea turtles that have migrated into the 
intake canal. Under the proposed action and conservation plan, facility 
staff will implement consistent monitoring of the intake canal, and 
will continue to work with the Texas STSSN on proper animal 
identification and handling. Although every effort will be made to 
intercept sea turtles prior to the cooling water intake structure, it 
is possible that a cold stunned sea turtle may become impinged on the 
automatic rake prior to entering the structure. Due to the physical 
characteristics and operations of the structure, any impingement of 
turtles could be lethal.
    The facility is applying for an ITP in accordance with rules 
established under Section 10(a)(1)(B) of the ESA. The permit 
application requests authorization for the incidental take of the North 
Atlantic Distinct Population Segment (DPS) of the ESA-listed threatened 
green turtle (Chelonia mydas) and the endangered Kemp's ridley sea 
turtle (Lepidochelys kempii). Based on data from the facility from 
2012-2016, the proposed takes for any three year period for the ten-
year duration of the permit is 210 live and 39 dead green sea turtles, 
and 3 live Kemp's ridley sea turtles.
    On September 14, 2017 (82 FR 43224) NMFS announced the availably of 
the Barney M. Davis Power Station ITP application. At that time, the 
application was determined to be complete and therefore was provided to 
the public for review. Based on public comments received and additional 
discussions between NMFS and Barney M. Davis, L.P., it was decided that 
Barney M. Davis, L.P. would further revise their application and re-
submit to NMFS. The updated and final application was received by NMFS 
on October 19, 2018. This revised application provides additional 
necessary details on the protocols and procedures for locating and 
handling sea turtles during the facility operation, and provides 
additional information on the historic takes that have been observed at 
the facility as justification for the requested take necessary for the 
development of the draft EA and the issuance of the ITP.

Conservation Plan

    Section 10 of the ESA specifies that no permit may be issued unless 
an applicant submits an adequate habitat conservation plan. The 
conservation plan prepared by Barney M. Davis L.P.

[[Page 51118]]

describes measures to minimize and mitigate the impacts of any 
incidental takes of ESA-listed green and Kemp's ridley sea turtles.
    The facility has experienced increased numbers of cold-stunned sea 
turtles in the intake canal during the winter months over the past 
several years. The facility currently coordinates with Texas Parks and 
Wildlife Department's Coastal Conservation Association Marine 
Development Center to collect and relocate sea turtles that have 
migrated into the intake canal.
    To avoid and minimize take of sea turtles, facility personnel will 
visually monitor the area immediately surrounding the cribhouse, which 
includes the bulkhead, trash racks, and intake canal on a seasonal 
schedule. From December 1st through March 31st, monitoring will be 
conducted a minimum of four times per twelve hour shift, spaced at 
approximately three-hour intervals. From April 1st through November 
30th, monitoring will be conducted one time per shift, or once 
approximately every twelve hours. Visual monitoring will last for 
approximately fifteen minutes during each monitoring event. Facility 
staff responsible for monitoring the intake canal will be trained upon 
hiring, and again annually, on the proper procedures required for the 
collection of turtles. Photos of potentially affected species are 
available to staff to assist them with species identification. Staff 
will be required to measure the length of the turtles collected.
    Barney M. Davis Power Station is an existing facility. Continued 
monitoring related to the take of sea turtles will be ongoing and 
funding provided through the facility's annual operating budget.

National Environmental Policy Act

    This notice is provided pursuant to section 10(c) of the ESA and 
the National Environmental Policy Act (NEPA) regulations (40 CFR 
1506.6). The draft EA was prepared in accordance with NEPA (42 U.S.C. 
4321, et seq.), 40 CFR 1500-1508 and NOAA policy and procedures (NAO 
216-6A and the Companion Manual for the NAO 216-6A).

Alternatives Considered

    In preparing the Draft EA, NMFS considered the following 2 
alternatives for the action.
    Alternative 1: No Action. In accordance with the NOAA Companion 
Manual for NAO 216-6A, Section 6.B.i, NMFS is defining the No Action 
alternative as not authorizing the incidental take of green (Chelonia 
mydas North Atlantic DPS) and Kemp's ridley (Lepidochelys kempii) sea 
turtles associated with the otherwise lawful operation of the Barney M. 
Davis Power Station. This is consistent with our statutory obligation 
under Section 10(a)(1)(B) of the ESA to either: (1) Deny the requested 
permit or (2) grant the requested permit and prescribe mitigation, 
monitoring, and reporting requirements. Under the No Action 
Alternative, NMFS would not issue the ITP, in which case we assume this 
applicant would proceed with their Power Station activities as 
described in the application without implementing the full suite of 
specific mitigation measures and monitoring and reporting included in 
the Conservation Plan and in the ITP as requirements.
    Alternative 2: Issue Permit as Requested in Application (Proposed 
Action): Under Alternative 2, an ITP would be issued to exempt Barney 
M. Davis, L.P. from the ESA prohibition on taking of green (Chelonia 
mydas North Atlantic DPS) and Kemp's ridley (Lepidochelys kempii) sea 
turtles during the otherwise lawful operation of the Barney M. Davis 
Power Station. As required under Section 10(a)(1)(B), the ITP would 
require the Barney M. Davis Power Station to operate as described in 
the proposed conservation plan to avoid and minimize take of sea 
turtles.
    The Draft EA presents a comparison of the direct, indirect, and 
cumulative effects of the alternatives. Regulations for implementing 
NEPA (42 U.S.C. 4331 et seq.) require considerations of both the 
context and intensity of a proposed action (40 CFR 1508.27). The 
issuance of the Permit as Requested in the Application (Alternative 2, 
Proposed Action) would allow Barney M. Davis, L.P. to continue to 
operate the Barney M. Davis Power Station and would require 
conservation measures to minimize risk to sea turtles. This would 
result in less socio-economic costs than the No Action alternative 
(Alternative 1). The final permit determinations will not be completed 
until after the end of the 30-day comment period and will fully 
consider all public comments received during the comment period. NMFS 
will publish a record of its final action in the Federal Register.

    Dated: September 23, 2019.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2019-20975 Filed 9-26-19; 8:45 am]
 BILLING CODE 3510-22-P