Draft Environmental Assessment and Draft Habitat Conservation Plan; Receipt of an Application for an Incidental Take Permit, Blue Creek Wind Farm, Van Wert and Paulding Counties, Ohio, 71972-71975 [2019-28112]
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71972
Federal Register / Vol. 84, No. 249 / Monday, December 30, 2019 / Notices
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routine notice.
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Dennis Molloy, 703–235–9388,
dennis.molloy@cisa.dhs.gov.
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has a leading role in implementation of
the national counter-IED policy,
articulated through Presidential Policy
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the previous OMB approval include:
updating the collection title, updating
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clarifying the revalidation burden, and
adding a TRIPwire Questionnaire.
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information collection.
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collection of information is necessary
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whether the information will have
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collected; and
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4. Minimize the burden of the
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Title of Collection: Technical
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Questionnaire.
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Total Annualized Burden Hours: 422
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Total Annualized Government Cost:
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Evette Maynard-Noel,
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[FR Doc. 2019–28133 Filed 12–27–19; 8:45 am]
BILLING CODE 9110–09–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS–R3–ES–2019–0107;
FXES11130300000–201–FF03E00000]
Draft Environmental Assessment and
Draft Habitat Conservation Plan;
Receipt of an Application for an
Incidental Take Permit, Blue Creek
Wind Farm, Van Wert and Paulding
Counties, Ohio
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability; request
for comments.
AGENCY:
We, the U.S. Fish and
Wildlife Service, have received an
application from Blue Creek Wind
Farm, LLC (applicant), for an incidental
take permit (ITP) under the Endangered
Species Act of 1973, as amended, for its
Blue Creek Wind Farm project. If
approved, the ITP would authorize the
incidental take of the Indiana bat and
the northern long-eared bat. The
applicant has prepared a draft habitat
conservation plan (HCP), which is
available for public review. We also
announce the availability of a draft
SUMMARY:
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environmental assessment, which has
been prepared in accordance with the
requirements of the National
Environmental Policy Act. We request
public comment on the application and
associated documents.
DATES: We will accept comments
received or postmarked on or before
January 29, 2020.
ADDRESSES: Obtaining documents:
Electronic copies of the documents this
notice announces will be available
online in Docket No. FWS–R3–ES–
2019–0107 at https://
www.regulations.gov. Public comments
will also be available online at https://
www.regulations.gov.
Paper copies of the documents this
notice announces will be available at
the following libraries: Brumback
Library, 215 W. Main St., Van Wert, OH
45891; and Paulding County Carnegie
Library, 205 S. Main St., Paulding, OH
45879.
Submitting comments: Please specify
whether your comment addresses the
draft HCP, DEA, or any combination of
the aforementioned documents, or other
supporting documents. Please submit
written comments by one of the
following methods:
• Online: https://www.regulations.gov.
Search for and submit comments on
Docket No. FWS–R3–ES–2019–0107.
• By hard copy: Submit comments by
U.S. mail or hand delivery to Public
Comments Processing, Attn: Docket No.
FWS–R3–ES–2019–0107; U.S. Fish and
Wildlife Service; 5275 Leesburg Pike,
MS: JAO/lN; Falls Church, VA 22041–
3803.
FOR FURTHER INFORMATION CONTACT:
Megan Seymour, Wildlife Biologist, or
Patrice Ashfield, Ohio Ecological
Services Office Project Leader, via
phone at 614–416–8993, via the Federal
Relay Service at 800–877–8339, or via
U.S. mail at the U.S. Fish and Wildlife
Service, Ohio Field Office, 4625 Morse
Road, Suite 104, Columbus, OH 43230.
SUPPLEMENTARY INFORMATION: We, the
U.S. Fish and Wildlife Service (Service),
have received an application from Blue
Creek Wind Farm, LLC (applicant), for
an incidental take permit (ITP) under
the Endangered Species Act (ESA; 16
U.S.C. 1531 et seq.). If approved, the ITP
would be for a 35-year period and
would authorize incidental take of the
endangered Indiana bat (Myotis sodalis)
and the threatened northern long-eared
bat (Myotis septentrionalis).
The applicant has prepared a draft
habitat conservation plan (HCP), which
covers the operation of the Blue Creek
Wind Farm (project). The project
consists of a wind-powered electric
generation facility located in an
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approximately 40,426-acre area in
Paulding and Van Wert Counties, Ohio.
The draft HCP describes the following:
1. Permit duration;
2. Covered lands;
3. Covered species;
4. Project description and covered
activities;
5. Environmental baseline and
affected species;
6. Impact assessment and take
authorization request for Indiana bats
and northern long-eared bats;
7. Conservation plan, which includes
the Biological Goals and Objectives, and
measures to avoid, minimize, and
mitigate the impact of the taking;
8. Monitoring and adaptive
management;
9. Funding assurances;
10. Alternatives to the taking; and
11. Changed and unforeseen
circumstances.
Under the National Environmental
Policy Act (NEPA; 43 U.S.C. 4321 et
seq.) and the ESA, the Service
announces that we have gathered the
information necessary to:
1. Determine the impacts and
formulate alternatives for an EA related
to:
a. Issuance of an ITP to the applicant
for the take of the Indiana bat and the
northern long-eared bat, and
b. Implementation of the associated
HCP; and
2. Evaluate the application for ITP
issuance, including the HCP, which
provides measures to minimize and
mitigate the effects of the proposed
incidental take of the Indiana bat and
the northern long-eared bat.
Background
The Blue Creek project includes 152
operating 2.0-megawatt (MW) Gamesa
G90 wind turbines with a total energy
generating capacity of 304 MW. The
project achieved commercial operation
in June 2012. The need for the proposed
action (i.e., issuance of an ITP) is based
on the potential that operation of the
Blue Creek Wind Farm could result in
take of Indiana bats and northern longeared bats.
The HCP provides a detailed
conservation plan to ensure that the
incidental take caused by the operation
of the project will not appreciably
reduce the likelihood of the survival
and recovery of the Indiana bat and
northern long-eared bat, and provides
mitigation to fully offset the impact of
the taking. Further, the HCP provides a
long-term monitoring and adaptive
management strategy to ensure that the
ITP terms are satisfied, and to account
for changed and unforeseen
circumstances.
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71973
Purpose and Need for Action
In accordance with NEPA, the Service
has prepared a draft environmental
assessment (DEA) to analyze the
impacts to the human environment that
would occur if the requested ITP were
issued and the associated HCP were
implemented.
Proposed Action
Section 9 of the ESA prohibits the
‘‘taking’’ of threatened and endangered
species. However, provided certain
criteria are met, the Service is
authorized to issue permits under
section 10(a)(1)(B) of the ESA for take of
federally listed species when, among
other things, such a taking is incidental
to, and not the purpose of, otherwise
lawful activities. Under the ESA, the
term ‘‘take’’ means to harass, harm,
pursue, hunt, shoot, wound, kill, trap,
capture, or collect endangered and
threatened species, or to attempt to
engage in any such conduct. Our
implementing regulations in title 50 of
the Code of Federal Regulations define
‘‘harm’’ as an act which actually kills or
injures wildlife, and such act may
include significant habitat modification
or degradation that results in death or
injury to listed species by significantly
impairing essential behavioral patterns,
including breeding, feeding, or
sheltering (50 CFR 17.3).
The HCP analyzes, and the ITP would
authorize, take from killing of bats due
to the operation of the Blue Creek
project. If issued, the ITP would
authorize incidental take consistent
with the applicant’s HCP and the ITP.
To issue the ITP, the Service must find
that the application, including its HCP,
satisfies the criteria of section
10(a)(1)(B) of the ESA and the Service’s
implementing regulations at 50 CFR part
13 and § 17.22. If the ITP is issued, the
applicant would receive assurances
under the Service’s No Surprises policy,
as codified at 50 CFR 17.22(b)(5).
The applicant proposes to operate a
maximum of 152 wind turbines and
associated facilities for a period of 35
years in Paulding and Van Wert
Counties, Ohio. The project consists of
wind turbines, associated gravel pads
and access roads, underground and
aboveground electrical collection
circuits, two substations, two permanent
un-guyed meteorological towers, and an
Operations and Maintenance Facility
consisting of an approximately 5,000square-foot building.
The draft HCP describes the impacts
of take associated with the operation of
the Blue Creek Wind Farm and includes
measures to avoid, minimize, mitigate,
and monitor the impacts of incidental
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take on the Indiana bat and the northern
long-eared bat. The applicant will
mitigate for take and associated impacts
through one or more methods including
restoration, if necessary, and permanent
protection of documented maternity
colony habitat and/or swarming habitat,
and/or gating of a hibernaculum within
the State of Ohio. Habitat mitigation,
including any restored habitat, will
occur on private land and be
permanently protected by a
conservation easement, fee simple
acquisition with deed restrictions, or
another site protection instrument that
provides an equivalent level of
protection, and will be approved by the
Service. Chapter 5 of the HCP describes
the Conservation Plan, including details
of avoidance and minimization
measures and compensatory mitigation
that will limit and mitigate for the take
of Indiana bats and northern long-eared
bats. Chapter 6 of the HCP describes
Monitoring and Adaptive Management
to ensure take stays within permitted
levels and mitigation sites are
maintained as suitable habitat for the
Indiana bat and northern long-eared bat.
The Service is soliciting information
regarding the adequacy of the HCP to
avoid, minimize, mitigate, and monitor
the proposed incidental take of the
covered species and to provide for
adaptive management. In compliance
with section 10(c) of the ESA (16 U.S.C.
1539(c)), the Service is making the ITP
application materials available for
public review and comment as
described above.
We invite comments and suggestions
from all interested parties on the draft
documents associated with the ITP
application (HCP and HCP Appendices),
and request that comments be as
specific as possible. In particular, we
request information and comments on
the following topics:
1. Whether adaptive management,
mitigation, and monitoring provisions
in the proposed action alternative are
sufficient;
2. Any threats to the Indiana bat and
the northern long-eared bat that may
influence their populations over the life
of the ITP that are not addressed in the
draft HCP or DEA;
3. Any new information on whitenose syndrome effects on the Indiana
bat and the northern long-eared bat; and
4. Any other information pertinent to
evaluating the effects of the proposed
action on the Indiana bat and the
northern long-eared bat.
Alternatives in the Draft EA
The DEA contains an analysis of four
alternatives: (1) No Action alternative,
in which the Service would not issue a
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permit to the applicant, and the project
turbines would be feathered until wind
speeds reach 6.9 m/s from a half-hour
before sunset to a half-hour after sunrise
during the entirety of the fall migration
season (August 1 through October 31)
and spring migration season (March 15
through May 15), under which
conditions take of listed species is
unlikely to occur; (2) the Applicant’s
Proposed Project alternative in which
the Service would issue an ITP to
authorize incidental take of Covered
Species associated with the project’s
operations as described in the
applicant’s HCP. In this alternative, the
project turbines would be feathered
until wind speeds reach 3.0 m/s during
the spring migration season and summer
(April 1 through July 31) from a halfhour before sunset to a half-hour after
sunrise, and during the fall migration
season (August 1 through October 15)
project turbines would be feathered
until wind speeds reach 5.0 m/s when
temperatures are greater than 10 degrees
Celsius (°C), from a half-hour before
sunset to a half-hour after sunrise. In
this alternative, the applicant estimated
take of Indiana and northern long-eared
bats using an approach that addresses
inherent uncertainty in take estimates
by incorporating a 70 percent
confidence bound around the mean
estimate, and a 30 percent reduction in
take from application of the proposed
cut-in speed regime. Under this
alternative, 4.39 Indiana bats per year,
for a total of 154 Indiana bats over the
35-year permit term, and take of 2.96
northern long-eared bats per year, for a
total of 103 northern long-eared bats
over the 35-year permit term, would be
permitted. To be consistent and
comparable in our analysis of all NEPA
alternatives, the Service used a
simplified method to estimate take
across this and all other alternatives,
which generated a take estimate for this
alternative of 2.5 Indiana bats per year,
for a total of 87.5 Indiana bats over the
permit term, and take of 1.6 northern
long-eared bats per year, for a total of
57.7 northern long-eared bats over the
permit term; (3) More Restrictive
Operations alternative, in which the
Service would issue an ITP for the HCP,
but turbine operations would be
different than the Applicant’s Proposed
Project. All turbines would be feathered
when the ambient temperature is above
10°C based on a 5-minute rolling
average from one half-hour before
sunset to one half-hour after sunrise,
during the spring migration season and
summer (April 1 through July 31) up to
3.0 m/s, and during the fall migration
season (August 1 through October 15)
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up to 6.5 m/s. In this alternative, take of
1.4 Indiana bats per year, for a total of
49 Indiana bats over the 35-year permit
term, and take of 1 northern long-eared
bat per year, for a total of 34.1 northern
long-eared bats over the 35-year permit
term, would be permitted; (4) Less
Restrictive Operations alternative, in
which the Service would issue an ITP
for the HCP, but turbine operations
would be different than the Applicant’s
Proposed Project. All turbines would be
feathered when the ambient temperature
is above 10°C based on a 5-minute
rolling average from one half-hour
before sunset to one half-hour after
sunrise during the spring migration
season and summer (April 1 through
July 31) up to 3.0 m/s, and during the
fall migration season (August 1 through
October 15) up to 4.0 m/s. In this
alternative, take of 2.6 Indiana bats per
year, for a total of 91 Indiana bats over
the 35-year permit term, and take of 1.8
northern long-eared bats per year, for a
total of 62.2 northern long-eared bats
over the 35-year permit term, would be
permitted. The quantity of mitigation
needed to offset the impact of the taking
and the level of effort of monitoring
varies between the alternatives,
although mitigation, monitoring,
adaptive management, and funding
assurances are components of all three
action alternatives.
The DEA considers the direct,
indirect, and cumulative effects of the
alternatives, including any measures
intended to minimize and mitigate such
impacts. The DEA also identifies
additional alternatives that were
considered but were eliminated from
analysis as detailed in section 2.4 of the
DEA.
The Service invites comments and
suggestions from all interested parties
on the content of the DEA. In particular,
information and comments regarding
the following topics are requested:
1. The direct, indirect, or cumulative
effects that implementation of any
alternative could have on the human
environment;
2. Whether or not the significance of
the impact on various aspects of the
human environment has been
adequately analyzed; and
3. Any other information pertinent to
evaluating the effects of the proposed
action on the human environment.
Public Comments
You may submit your comments and
materials related to the draft HCP, DEA,
or other supporting documents by one
of the methods listed in ADDRESSES. We
request you send comments using only
one of the methods described in
ADDRESSES.
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Comments and materials we receive,
as well as documents associated with
the notice, will be available for public
inspection by appointment, during
normal business hours, at the Ohio
Ecological Services Field Office in
Columbus, Ohio (see FOR FURTHER
INFORMATION CONTACT). 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.
Authority
We provide this notice under section
10(c) of the ESA (16 U.S.C.1539(c)) and
its implementing regulations (50 CFR
17.22) and the NEPA (42 U.S.C. 4321 et
seq.) and its implementing regulations
(40 CFR 1506.6; 43 CFR part 46).
Lori Nordstrom,
Assistant Regional Director.
[FR Doc. 2019–28112 Filed 12–27–19; 8:45 am]
BILLING CODE 4333–15–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1188]
Certain Pick-Up Truck Folding Bed
Cover Systems and Components
Thereof Institution of Investigation
U.S. International Trade
Commission
ACTION: Notice
AGENCY:
Notice is hereby given that a
complaint was filed with the U.S.
International Trade Commission on
November 26, 2019, under section 337
of the Tariff Act of 1930, as amended,
on behalf of Extang Corporation of Ann
Arbor, Michigan and Laurmark
Enterprises, Inc. d/b/a BAK Industries of
Ann Arbor, Michigan. Supplements to
the complaint were filed on November
27, 2019 and December 16, 2019. The
complaint, as supplemented, alleges
violations of section 337 based upon the
importation into the United States, the
sale for importation, and the sale within
the United States after importation of
certain pick-up truck folding bed cover
systems and components thereof by
reason of infringement of certain claims
of U.S. Patent No. 7,484,788 (‘‘the ’788
patent’’) and U.S. Patent No. 8,061,758
(‘‘the ’758 patent’’). The complaint
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SUMMARY:
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further alleges that an industry in the
United States exists as required by the
applicable Federal Statute.
The complainants request that the
Commission institute an investigation
and, after the investigation, issue a
general exclusion order, or in the
alternative a limited exclusion order,
and cease and desist orders.
ADDRESSES: The complaint, except for
any confidential information contained
therein, is available for inspection
during official business hours (8:45 a.m.
to 5:15 p.m.) in the Office of the
Secretary, U.S. International Trade
Commission, 500 E Street SW, Room
112, Washington, DC 20436, telephone
(202) 205–2000. Hearing impaired
individuals are advised that information
on this matter can be obtained by
contacting the Commission’s TDD
terminal on (202) 205–1810. Persons
with mobility impairments who will
need special assistance in gaining access
to the Commission should contact the
Office of the Secretary at (202) 205–
2000. General information concerning
the Commission may also be obtained
by accessing its internet server at
https://www.usitc.gov. The public
record for this investigation may be
viewed on the Commission’s electronic
docket (EDIS) at https://edis.usitc.gov.
FOR FURTHER INFORMATION CONTACT:
Pathenia M. Proctor, The Office of
Unfair Import Investigations, U.S.
International Trade Commission,
telephone (202) 205–2560.
SUPPLEMENTARY INFORMATION:
Authority: The authority for
institution of this investigation is
contained in section 337 of the Tariff
Act of 1930, as amended, 19 U.S.C.
1337, and in section 210.10 of the
Commission’s Rules of Practice and
Procedure, 19 CFR 210.10 (2019).
Scope of Investigation: Having
considered the complaint, the U.S.
International Trade Commission, on
December 20, 2019, ORDERED THAT—
(1) Pursuant to subsection (b) of
section 337 of the Tariff Act of 1930, as
amended, an investigation be instituted
to determine whether there is a
violation of subsection (a)(1)(B) of
section 337 in the importation into the
United States, the sale for importation,
or the sale within the United States after
importation of certain products
identified in paragraph (2) by reason of
infringement of one or more of claims
1–4 of the ’788 patent and claims 2 and
3 of the ’758 patent; and whether an
industry in the United States exists as
required by subsection (a)(2) of section
337;
(2) Pursuant to section 210.10(b)(1) of
the Commission’s Rules of Practice and
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71975
Procedure, 19 CFR 210.10(b)(1), the
plain language description of the
accused products or category of accused
products, which defines the scope of the
investigation, is ‘‘folding cover
assemblies for pick-up truck cargo boxes
and components thereof’’;
(3) For the purpose of the
investigation so instituted, the following
are hereby named as parties upon which
this notice of investigation shall be
served:
(a) The complainants are:
Extang Corporation, 5400 S. State
Road, Ann Arbor, MI 48108.
Laurmark Enterprises, Inc., d/b/a BAK
Industries, 5400 Data Court, Ann Arbor,
MI 48108.
(b) The respondents are the following
entities alleged to be in violation of
section 337, and is/are the parties upon
which the complaint is to be served:
Tyger Auto Inc., 2615 West
Renaissance Parkway, Rialto, CA 92376.
Cixi City Liyuan Auto Parts Co. Ltd.,
No. 72 Haiwei Avenue, West District,
Guanhaiwei Industrial Park, Cixi City,
Zhejiang Province, China 315145.
Hong Kong Car Start Industries Co.,
Limited Shidai Xinju, Building NG No.
681, West Huancheng Road, Haishu
District, Zhejian Province, China
315000.
(c) The Office of Unfair Import
Investigations, U.S. International Trade
Commission, 500 E Street SW, Suite
401, Washington, DC 20436; and
(4) For the investigation so instituted,
the Chief Administrative Law Judge,
U.S. International Trade Commission,
shall designate the presiding
Administrative Law Judge.
Responses to the complaint and the
notice of investigation must be
submitted by the named respondents in
accordance with section 210.13 of the
Commission’s Rules of Practice and
Procedure, 19 CFR 210.13. Pursuant to
19 CFR 201.16(e) and 210.13(a), such
responses will be considered by the
Commission if received not later than 20
days after the date of service by the
Commission of the complaint and the
notice of investigation. Extensions of
time for submitting responses to the
complaint and the notice of
investigation will not be granted unless
good cause therefor is shown.
Failure of a respondent to file a timely
response to each allegation in the
complaint and in this notice may be
deemed to constitute a waiver of the
right to appear and contest the
allegations of the complaint and this
notice, and to authorize the
administrative law judge and the
Commission, without further notice to
the respondent, to find the facts to be as
alleged in the complaint and this notice
E:\FR\FM\30DEN1.SGM
30DEN1
]]>Agencies
[Federal Register Volume 84, Number 249 (Monday, December 30, 2019)]
[Notices]
[Pages 71972-71975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-28112]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS-R3-ES-2019-0107; FXES11130300000-201-FF03E00000]
Draft Environmental Assessment and Draft Habitat Conservation
Plan; Receipt of an Application for an Incidental Take Permit, Blue
Creek Wind Farm, Van Wert and Paulding Counties, Ohio
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for comments.
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SUMMARY: We, the U.S. Fish and Wildlife Service, have received an
application from Blue Creek Wind Farm, LLC (applicant), for an
incidental take permit (ITP) under the Endangered Species Act of 1973,
as amended, for its Blue Creek Wind Farm project. If approved, the ITP
would authorize the incidental take of the Indiana bat and the northern
long-eared bat. The applicant has prepared a draft habitat conservation
plan (HCP), which is available for public review. We also announce the
availability of a draft
[[Page 71973]]
environmental assessment, which has been prepared in accordance with
the requirements of the National Environmental Policy Act. We request
public comment on the application and associated documents.
DATES: We will accept comments received or postmarked on or before
January 29, 2020.
ADDRESSES: Obtaining documents: Electronic copies of the documents this
notice announces will be available online in Docket No. FWS-R3-ES-2019-
0107 at https://www.regulations.gov. Public comments will also be
available online at https://www.regulations.gov.
Paper copies of the documents this notice announces will be
available at the following libraries: Brumback Library, 215 W. Main
St., Van Wert, OH 45891; and Paulding County Carnegie Library, 205 S.
Main St., Paulding, OH 45879.
Submitting comments: Please specify whether your comment addresses
the draft HCP, DEA, or any combination of the aforementioned documents,
or other supporting documents. Please submit written comments by one of
the following methods:
Online: https://www.regulations.gov. Search for and submit
comments on Docket No. FWS-R3-ES-2019-0107.
By hard copy: Submit comments by U.S. mail or hand
delivery to Public Comments Processing, Attn: Docket No. FWS-R3-ES-
2019-0107; U.S. Fish and Wildlife Service; 5275 Leesburg Pike, MS: JAO/
lN; Falls Church, VA 22041-3803.
FOR FURTHER INFORMATION CONTACT: Megan Seymour, Wildlife Biologist, or
Patrice Ashfield, Ohio Ecological Services Office Project Leader, via
phone at 614-416-8993, via the Federal Relay Service at 800-877-8339,
or via U.S. mail at the U.S. Fish and Wildlife Service, Ohio Field
Office, 4625 Morse Road, Suite 104, Columbus, OH 43230.
SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service
(Service), have received an application from Blue Creek Wind Farm, LLC
(applicant), for an incidental take permit (ITP) under the Endangered
Species Act (ESA; 16 U.S.C. 1531 et seq.). If approved, the ITP would
be for a 35-year period and would authorize incidental take of the
endangered Indiana bat (Myotis sodalis) and the threatened northern
long-eared bat (Myotis septentrionalis).
The applicant has prepared a draft habitat conservation plan (HCP),
which covers the operation of the Blue Creek Wind Farm (project). The
project consists of a wind-powered electric generation facility located
in an approximately 40,426-acre area in Paulding and Van Wert Counties,
Ohio. The draft HCP describes the following:
1. Permit duration;
2. Covered lands;
3. Covered species;
4. Project description and covered activities;
5. Environmental baseline and affected species;
6. Impact assessment and take authorization request for Indiana
bats and northern long-eared bats;
7. Conservation plan, which includes the Biological Goals and
Objectives, and measures to avoid, minimize, and mitigate the impact of
the taking;
8. Monitoring and adaptive management;
9. Funding assurances;
10. Alternatives to the taking; and
11. Changed and unforeseen circumstances.
Under the National Environmental Policy Act (NEPA; 43 U.S.C. 4321
et seq.) and the ESA, the Service announces that we have gathered the
information necessary to:
1. Determine the impacts and formulate alternatives for an EA
related to:
a. Issuance of an ITP to the applicant for the take of the Indiana
bat and the northern long-eared bat, and
b. Implementation of the associated HCP; and
2. Evaluate the application for ITP issuance, including the HCP,
which provides measures to minimize and mitigate the effects of the
proposed incidental take of the Indiana bat and the northern long-eared
bat.
Background
The Blue Creek project includes 152 operating 2.0-megawatt (MW)
Gamesa G90 wind turbines with a total energy generating capacity of 304
MW. The project achieved commercial operation in June 2012. The need
for the proposed action (i.e., issuance of an ITP) is based on the
potential that operation of the Blue Creek Wind Farm could result in
take of Indiana bats and northern long-eared bats.
The HCP provides a detailed conservation plan to ensure that the
incidental take caused by the operation of the project will not
appreciably reduce the likelihood of the survival and recovery of the
Indiana bat and northern long-eared bat, and provides mitigation to
fully offset the impact of the taking. Further, the HCP provides a
long-term monitoring and adaptive management strategy to ensure that
the ITP terms are satisfied, and to account for changed and unforeseen
circumstances.
Purpose and Need for Action
In accordance with NEPA, the Service has prepared a draft
environmental assessment (DEA) to analyze the impacts to the human
environment that would occur if the requested ITP were issued and the
associated HCP were implemented.
Proposed Action
Section 9 of the ESA prohibits the ``taking'' of threatened and
endangered species. However, provided certain criteria are met, the
Service is authorized to issue permits under section 10(a)(1)(B) of the
ESA for take of federally listed species when, among other things, such
a taking is incidental to, and not the purpose of, otherwise lawful
activities. Under the ESA, the term ``take'' means to harass, harm,
pursue, hunt, shoot, wound, kill, trap, capture, or collect endangered
and threatened species, or to attempt to engage in any such conduct.
Our implementing regulations in title 50 of the Code of Federal
Regulations define ``harm'' as an act which actually kills or injures
wildlife, and such act may include significant habitat modification or
degradation that results in death or injury to listed species by
significantly impairing essential behavioral patterns, including
breeding, feeding, or sheltering (50 CFR 17.3).
The HCP analyzes, and the ITP would authorize, take from killing of
bats due to the operation of the Blue Creek project. If issued, the ITP
would authorize incidental take consistent with the applicant's HCP and
the ITP. To issue the ITP, the Service must find that the application,
including its HCP, satisfies the criteria of section 10(a)(1)(B) of the
ESA and the Service's implementing regulations at 50 CFR part 13 and
Sec. 17.22. If the ITP is issued, the applicant would receive
assurances under the Service's No Surprises policy, as codified at 50
CFR 17.22(b)(5).
The applicant proposes to operate a maximum of 152 wind turbines
and associated facilities for a period of 35 years in Paulding and Van
Wert Counties, Ohio. The project consists of wind turbines, associated
gravel pads and access roads, underground and aboveground electrical
collection circuits, two substations, two permanent un-guyed
meteorological towers, and an Operations and Maintenance Facility
consisting of an approximately 5,000-square-foot building.
The draft HCP describes the impacts of take associated with the
operation of the Blue Creek Wind Farm and includes measures to avoid,
minimize, mitigate, and monitor the impacts of incidental
[[Page 71974]]
take on the Indiana bat and the northern long-eared bat. The applicant
will mitigate for take and associated impacts through one or more
methods including restoration, if necessary, and permanent protection
of documented maternity colony habitat and/or swarming habitat, and/or
gating of a hibernaculum within the State of Ohio. Habitat mitigation,
including any restored habitat, will occur on private land and be
permanently protected by a conservation easement, fee simple
acquisition with deed restrictions, or another site protection
instrument that provides an equivalent level of protection, and will be
approved by the Service. Chapter 5 of the HCP describes the
Conservation Plan, including details of avoidance and minimization
measures and compensatory mitigation that will limit and mitigate for
the take of Indiana bats and northern long-eared bats. Chapter 6 of the
HCP describes Monitoring and Adaptive Management to ensure take stays
within permitted levels and mitigation sites are maintained as suitable
habitat for the Indiana bat and northern long-eared bat.
The Service is soliciting information regarding the adequacy of the
HCP to avoid, minimize, mitigate, and monitor the proposed incidental
take of the covered species and to provide for adaptive management. In
compliance with section 10(c) of the ESA (16 U.S.C. 1539(c)), the
Service is making the ITP application materials available for public
review and comment as described above.
We invite comments and suggestions from all interested parties on
the draft documents associated with the ITP application (HCP and HCP
Appendices), and request that comments be as specific as possible. In
particular, we request information and comments on the following
topics:
1. Whether adaptive management, mitigation, and monitoring
provisions in the proposed action alternative are sufficient;
2. Any threats to the Indiana bat and the northern long-eared bat
that may influence their populations over the life of the ITP that are
not addressed in the draft HCP or DEA;
3. Any new information on white-nose syndrome effects on the
Indiana bat and the northern long-eared bat; and
4. Any other information pertinent to evaluating the effects of the
proposed action on the Indiana bat and the northern long-eared bat.
Alternatives in the Draft EA
The DEA contains an analysis of four alternatives: (1) No Action
alternative, in which the Service would not issue a permit to the
applicant, and the project turbines would be feathered until wind
speeds reach 6.9 m/s from a half-hour before sunset to a half-hour
after sunrise during the entirety of the fall migration season (August
1 through October 31) and spring migration season (March 15 through May
15), under which conditions take of listed species is unlikely to
occur; (2) the Applicant's Proposed Project alternative in which the
Service would issue an ITP to authorize incidental take of Covered
Species associated with the project's operations as described in the
applicant's HCP. In this alternative, the project turbines would be
feathered until wind speeds reach 3.0 m/s during the spring migration
season and summer (April 1 through July 31) from a half-hour before
sunset to a half-hour after sunrise, and during the fall migration
season (August 1 through October 15) project turbines would be
feathered until wind speeds reach 5.0 m/s when temperatures are greater
than 10 degrees Celsius ([deg]C), from a half-hour before sunset to a
half-hour after sunrise. In this alternative, the applicant estimated
take of Indiana and northern long-eared bats using an approach that
addresses inherent uncertainty in take estimates by incorporating a 70
percent confidence bound around the mean estimate, and a 30 percent
reduction in take from application of the proposed cut-in speed regime.
Under this alternative, 4.39 Indiana bats per year, for a total of 154
Indiana bats over the 35-year permit term, and take of 2.96 northern
long-eared bats per year, for a total of 103 northern long-eared bats
over the 35-year permit term, would be permitted. To be consistent and
comparable in our analysis of all NEPA alternatives, the Service used a
simplified method to estimate take across this and all other
alternatives, which generated a take estimate for this alternative of
2.5 Indiana bats per year, for a total of 87.5 Indiana bats over the
permit term, and take of 1.6 northern long-eared bats per year, for a
total of 57.7 northern long-eared bats over the permit term; (3) More
Restrictive Operations alternative, in which the Service would issue an
ITP for the HCP, but turbine operations would be different than the
Applicant's Proposed Project. All turbines would be feathered when the
ambient temperature is above 10[deg]C based on a 5-minute rolling
average from one half-hour before sunset to one half-hour after
sunrise, during the spring migration season and summer (April 1 through
July 31) up to 3.0 m/s, and during the fall migration season (August 1
through October 15) up to 6.5 m/s. In this alternative, take of 1.4
Indiana bats per year, for a total of 49 Indiana bats over the 35-year
permit term, and take of 1 northern long-eared bat per year, for a
total of 34.1 northern long-eared bats over the 35-year permit term,
would be permitted; (4) Less Restrictive Operations alternative, in
which the Service would issue an ITP for the HCP, but turbine
operations would be different than the Applicant's Proposed Project.
All turbines would be feathered when the ambient temperature is above
10[deg]C based on a 5-minute rolling average from one half-hour before
sunset to one half-hour after sunrise during the spring migration
season and summer (April 1 through July 31) up to 3.0 m/s, and during
the fall migration season (August 1 through October 15) up to 4.0 m/s.
In this alternative, take of 2.6 Indiana bats per year, for a total of
91 Indiana bats over the 35-year permit term, and take of 1.8 northern
long-eared bats per year, for a total of 62.2 northern long-eared bats
over the 35-year permit term, would be permitted. The quantity of
mitigation needed to offset the impact of the taking and the level of
effort of monitoring varies between the alternatives, although
mitigation, monitoring, adaptive management, and funding assurances are
components of all three action alternatives.
The DEA considers the direct, indirect, and cumulative effects of
the alternatives, including any measures intended to minimize and
mitigate such impacts. The DEA also identifies additional alternatives
that were considered but were eliminated from analysis as detailed in
section 2.4 of the DEA.
The Service invites comments and suggestions from all interested
parties on the content of the DEA. In particular, information and
comments regarding the following topics are requested:
1. The direct, indirect, or cumulative effects that implementation
of any alternative could have on the human environment;
2. Whether or not the significance of the impact on various aspects
of the human environment has been adequately analyzed; and
3. Any other information pertinent to evaluating the effects of the
proposed action on the human environment.
Public Comments
You may submit your comments and materials related to the draft
HCP, DEA, or other supporting documents by one of the methods listed in
ADDRESSES. We request you send comments using only one of the methods
described in ADDRESSES.
[[Page 71975]]
Comments and materials we receive, as well as documents associated
with the notice, will be available for public inspection by
appointment, during normal business hours, at the Ohio Ecological
Services Field Office in Columbus, Ohio (see FOR FURTHER INFORMATION
CONTACT). 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.
Authority
We provide this notice under section 10(c) of the ESA (16
U.S.C.1539(c)) and its implementing regulations (50 CFR 17.22) and the
NEPA (42 U.S.C. 4321 et seq.) and its implementing regulations (40 CFR
1506.6; 43 CFR part 46).
Lori Nordstrom,
Assistant Regional Director.
[FR Doc. 2019-28112 Filed 12-27-19; 8:45 am]
BILLING CODE 4333-15-P
