Draft Environmental Assessment and Draft Habitat Conservation Plan; Receipt of an Application for an Incidental Take Permit, Timber Road II, III, and IV Wind Farms, Paulding County, Ohio, 12007-12009 [2020-04046]
Download as PDF
<![CDATA[
Federal Register / Vol. 85, No. 40 / Friday, February 28, 2020 / Notices
the PBV assistance is not more than is
necessary to provide affordable housing after
taking into account other government
assistance for the following project:
Name, address of project:
Name, address of PHA:
Phone, FAX, and email:
Name, address of HCA:
Date of HUD’s approval of HCA’s intent to
participate:
Name of Authorized HCA Certifying Official:
Signature of Authorized HCA Certifying
Official:
Date:
Transmit signed and dated SLR
certification as PDF attachments to Miguel A.
Fontanez at
pih.financial.management.division@hud.gov,
with a copy to the Director of the local HUD
Office of Public Housing: https://
www.hud.gov/program_offices/public_
indian_housing/about/field_office, with
subject line identified ‘‘SLR Certification—
Project Name, City, State’’ For questions
concerning the submission and receipt of the
email, call the Financial Management
Division at (202) 402–4212.
[FR Doc. 2020–04147 Filed 2–27–20; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS–R3–ES–2020–0005;
FXES11140300000–201–FF03E00000]
Draft Environmental Assessment and
Draft Habitat Conservation Plan;
Receipt of an Application for an
Incidental Take Permit, Timber Road II,
III, and IV Wind Farms, Paulding
County, Ohio
AGENCY:
Fish and Wildlife Service,
Interior.
Notice of availability; request
for comments.
ACTION:
We, the U.S. Fish and
Wildlife Service, have received an
application from Paulding Wind Farm
II, LLC; Paulding Wind Farm III, LLC;
and Paulding Wind Farm IV
(collectively, the applicant), for an
incidental take permit (ITP) under the
Endangered Species Act of 1973, as
amended, for the Timber Road II, III,
and IV Wind Farms project. If approved,
the ITP would authorize the incidental
take of the Indiana bat and the northern
long-eared bat for a 30-year term. The
applicant has prepared a draft habitat
conservation plan, which is available for
public review. We also announce the
availability of a draft 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.
jbell on DSKJLSW7X2PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
17:27 Feb 27, 2020
Jkt 250001
We will accept comments
received or postmarked on or before
March 30, 2020.
ADDRESSES: Obtaining documents:
Electronic copies of the documents this
notice announces will be available
online in Docket No. FWS–R3–ES–
2020–0005 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 habitat conservation plan, draft
environmental assessment, 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–2020–0005.
• By hard copy: Submit comments by
U.S. mail or hand delivery to Public
Comments Processing, Attn: Docket No.
FWS–R3–ES–2020–0005; U.S. Fish and
Wildlife Service; 5275 Leesburg Pike,
MS: JAO/lN; Falls Church, VA 22041–
3803.
FOR FURTHER INFORMATION CONTACT:
Keith Lott, Wildlife Biologist, or Patrice
Ashfield, 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 Ecological Services 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
Paulding Wind Farm II, LLC; Paulding
Wind Farm III, LLC; and Paulding Wind
Farm IV (collectively, the 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 30-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 Timber Road
II, III, and IV Wind Farms (project). The
project consists of a wind-powered
electric generation facility located in an
approximately 65,017-acre area in
DATES:
PO 00000
Frm 00062
Fmt 4703
Sfmt 4703
12007
Paulding County, 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 project includes 134 wind
turbines, with a total energy-generating
capacity of 325.8 megawatts (MW). The
project was constructed in several
phases, during the period 2012–2020.
Timber Road II is an operational facility
and consists of 55 turbines with a
generating capacity of 99 MW. Timber
Road III is also an operational facility
and consists of 48 turbines with a
generating capacity of 100.8 MW.
Timber Road IV is anticipated to be
operational in 2020; consisting of 31
turbines, it has a generating capacity of
126 MW. The need for the proposed
action (i.e., issuance of an ITP) is based
on the potential that operation of the
project 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 includes
E:\FR\FM\28FEN1.SGM
28FEN1
12008
Federal Register / Vol. 85, No. 40 / Friday, February 28, 2020 / Notices
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 DEA to analyze the
impacts to the human environment that
would occur if the requested ITP is
issued and the associated HCP is
implemented.
jbell on DSKJLSW7X2PROD with NOTICES
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 (CFR)
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 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 the associated 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,
codified at 50 CFR 17.22(b)(5).
The applicant proposes to operate a
maximum of 134 wind turbines and
associated facilities for a period of 30
years in Paulding County, Ohio. The
project consists of wind turbines,
associated gravel pads and access roads,
underground and above-ground
electrical collection circuits, three
substations, four permanent un-guyed
meteorological towers, and an
operations and maintenance facility.
VerDate Sep<11>2014
17:27 Feb 27, 2020
Jkt 250001
The draft HCP describes the impacts
of take associated with the operation of
the project and includes measures to
avoid, minimize, mitigate, and monitor
the impacts of incidental 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. 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 avoidance, minimization measures,
and compensatory mitigation that will
limit and mitigate for the take of Indiana
bats and northern long-eared bats. This
chapter also includes the monitoring
and adaptive management plans to
ensure that the level of 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.
PO 00000
Frm 00063
Fmt 4703
Sfmt 4703
Alternatives in the Draft Environmental
Assessment
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
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 3.5 m/s during
the spring migration (April 1 through
May 15) 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 from a half-hour before
sunset to a half-hour after sunrise.
While take is not anticipated during the
summer (May 16–July 31), turbines will
be feathered until wind speeds reach 3.0
m/s from a half-hour before sunset to a
half-hour after sunrise. Minimization
measures would be applicable until the
temperature was greater than 10 degrees
Celsius (°C). 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 50 percent confidence
bound around the mean estimate, and a
50 percent reduction in take from
application of the proposed cut-in speed
regime.
The various phases of this project
began and will end in different years;
thus, different numbers of turbines will
be operational during the three different
phases, which will change the amount
of take during each of the phases. Thus,
the estimated fatality rates under this
alternative are:
• 10.8 Indiana bats and 2.5 northern
long-eared bats per year for years 1–22;
• 6.3 Indiana bats and 1.5 northern
long-eared bats per year for years 23–27;
and
• 2.5 Indiana bats and 0.6 northern
long-eared bats per year for years 28–30.
This results in a total of 276 Indiana
bats and 64 northern long-eared bats
over the 30-year permit term.
3. The Less Restrictive Operations
alternative, in which the Service would
E:\FR\FM\28FEN1.SGM
28FEN1
jbell on DSKJLSW7X2PROD with NOTICES
Federal Register / Vol. 85, No. 40 / Friday, February 28, 2020 / Notices
issue an ITP for the HCP, but turbine
operations would be different than
under 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 (April 1 through May
15) up to 3.5 m/s, during the summer
season (May 16 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. The estimated fatality
rates for this alternative are:
• 13.46 Indiana bats and 3.1 northern
long-eared bats per year for years 1–22;
• 7.94 Indiana bats and 1.84 northern
long-eared bats per year for years 23–27;
and
• 3.11 Indiana bats and 0.72 northern
long-eared bats per year for years 28–30.
This results in a total of 345 Indiana
bats and 79 northern long-eared bats
over the 30-year permit term;
4. More Restrictive Operations
alternative, in which the Service would
issue an ITP for the HCP, but turbine
operations would be different than
under 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 (April 1 through May
15) up to 3.5 m/s, summer (May 16
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.
The estimated fatality rates for this
alternative are:
• 9.47 Indiana bats and 2.18 northern
long-eared bats per year for years 1–22;
• 5.59 Indiana bats and 1.28 northern
long-eared bats per year for years 23–27;
and
• 2.19 Indiana bats and 0.51 northern
long-eared bats per year for years 28–30.
This results in a total of 277 Indiana
bats and 65 northern long-eared bats
over the 30-year permit term. 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.
VerDate Sep<11>2014
17:27 Feb 27, 2020
Jkt 250001
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.
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, Ecological
Services, Midwest Region.
[FR Doc. 2020–04046 Filed 2–27–20; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF THE INTERIOR
[Docket No. DOI–2020–0001; 201D0102DM,
DS6CS00000, DLSN00000.000000,
DX6CS25]
Implementation of Executive Order
13891: Guidance Documents
AGENCY:
PO 00000
Office of the Secretary, Interior.
Frm 00064
Fmt 4703
Sfmt 4703
ACTION:
12009
Notice of availability.
We, the Department of the
Interior (DOI), announce the availability
of a single, searchable, indexed website
that contains all of DOI’s guidance
documents. This action is required by
the Executive Order (E.O.) titled,
‘‘Promoting the Rule of Law Through
Improved Agency Guidance
Documents’’ in order to make guidance
documents readily available to the
public. This website is found at the
Electronic Library of the Interior’s
Policies (ELIPS) at www.doi.gov/elips/
browse.
DATES: This website is available on
February 28, 2020.
ADDRESSES: The notice is available for
public inspection at https://
www.regulations.gov in Docket No.
DOI–2020–0001.
FOR FURTHER INFORMATION CONTACT:
Bivan Patnaik, Deputy Director of
Regulatory Affairs, Office of the
Executive Secretariat and Regulatory
Affairs, by phone at 202–208–3181 or
via the Federal Relay Service at 800–
877–8339, or via email at: guidance_
document@ios.doi.gov].
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background Information
A central principle of E.O. 13891 is
that guidance should only clarify
existing obligations and should not
implement new, binding requirements
on the public. Guidance is defined in
the E.O. as ‘‘an agency statement of
general applicability, intended to have
future effect on the behavior of
regulated parties, that sets forth a policy
on statutory, regulatory, or technical
issue, or an interpretation of a statute or
regulation.’’ Therefore, DOI is
establishing on its website a single,
searchable, indexed database that links
to all guidance documents in effect from
each bureau and office within the
Department.
The purpose of this notice is to
announce that DOI’s website for agency
guidance documents subject to posting
on the website under the E.O. will be
the Electronic Library of the Interior
Policies (ELIPS), https://www.doi.gov/
elips/browse. When the public enters
this website, click the Departmental
Guidance Documents and Portals folder,
which will expand to provide a ‘‘dropdown’’ list of the bureaus and offices
within DOI that have issued guidance
documents for use by the public. From
this list, the public will be able to click
on the specific bureau or office, and will
further be able to search for a specific
document by using such search
parameters as title, subject, region, etc.
E:\FR\FM\28FEN1.SGM
28FEN1
]]>Agencies
[Federal Register Volume 85, Number 40 (Friday, February 28, 2020)]
[Notices]
[Pages 12007-12009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04046]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS-R3-ES-2020-0005; FXES11140300000-201-FF03E00000]
Draft Environmental Assessment and Draft Habitat Conservation
Plan; Receipt of an Application for an Incidental Take Permit, Timber
Road II, III, and IV Wind Farms, Paulding County, Ohio
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for comments.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service, have received an
application from Paulding Wind Farm II, LLC; Paulding Wind Farm III,
LLC; and Paulding Wind Farm IV (collectively, the applicant), for an
incidental take permit (ITP) under the Endangered Species Act of 1973,
as amended, for the Timber Road II, III, and IV Wind Farms project. If
approved, the ITP would authorize the incidental take of the Indiana
bat and the northern long-eared bat for a 30-year term. The applicant
has prepared a draft habitat conservation plan, which is available for
public review. We also announce the availability of a draft
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
March 30, 2020.
ADDRESSES: Obtaining documents: Electronic copies of the documents this
notice announces will be available online in Docket No. FWS-R3-ES-2020-
0005 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 habitat conservation plan, draft environmental assessment,
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-2020-0005.
By hard copy: Submit comments by U.S. mail or hand
delivery to Public Comments Processing, Attn: Docket No. FWS-R3-ES-
2020-0005; U.S. Fish and Wildlife Service; 5275 Leesburg Pike, MS: JAO/
lN; Falls Church, VA 22041-3803.
FOR FURTHER INFORMATION CONTACT: Keith Lott, Wildlife Biologist, or
Patrice Ashfield, 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 Ecological Services 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 Paulding Wind Farm II,
LLC; Paulding Wind Farm III, LLC; and Paulding Wind Farm IV
(collectively, the 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 30-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 Timber Road II, III, and IV Wind
Farms (project). The project consists of a wind-powered electric
generation facility located in an approximately 65,017-acre area in
Paulding County, 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 project includes 134 wind turbines, with a total energy-
generating capacity of 325.8 megawatts (MW). The project was
constructed in several phases, during the period 2012-2020. Timber Road
II is an operational facility and consists of 55 turbines with a
generating capacity of 99 MW. Timber Road III is also an operational
facility and consists of 48 turbines with a generating capacity of
100.8 MW. Timber Road IV is anticipated to be operational in 2020;
consisting of 31 turbines, it has a generating capacity of 126 MW. The
need for the proposed action (i.e., issuance of an ITP) is based on the
potential that operation of the project 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 includes
[[Page 12008]]
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 DEA to analyze
the impacts to the human environment that would occur if the requested
ITP is issued and the associated HCP is 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 (CFR) 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 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 the associated 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, codified at
50 CFR 17.22(b)(5).
The applicant proposes to operate a maximum of 134 wind turbines
and associated facilities for a period of 30 years in Paulding County,
Ohio. The project consists of wind turbines, associated gravel pads and
access roads, underground and above-ground electrical collection
circuits, three substations, four permanent un-guyed meteorological
towers, and an operations and maintenance facility.
The draft HCP describes the impacts of take associated with the
operation of the project and includes measures to avoid, minimize,
mitigate, and monitor the impacts of incidental 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. 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 avoidance, minimization measures, and compensatory
mitigation that will limit and mitigate for the take of Indiana bats
and northern long-eared bats. This chapter also includes the monitoring
and adaptive management plans to ensure that the level of 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 Environmental Assessment
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 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 3.5 m/s during the spring migration (April 1 through May
15) 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 from a
half-hour before sunset to a half-hour after sunrise. While take is not
anticipated during the summer (May 16-July 31), turbines will be
feathered until wind speeds reach 3.0 m/s from a half-hour before
sunset to a half-hour after sunrise. Minimization measures would be
applicable until the temperature was greater than 10 degrees Celsius
([deg]C). 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 50 percent confidence
bound around the mean estimate, and a 50 percent reduction in take from
application of the proposed cut-in speed regime.
The various phases of this project began and will end in different
years; thus, different numbers of turbines will be operational during
the three different phases, which will change the amount of take during
each of the phases. Thus, the estimated fatality rates under this
alternative are:
10.8 Indiana bats and 2.5 northern long-eared bats per
year for years 1-22;
6.3 Indiana bats and 1.5 northern long-eared bats per year
for years 23-27; and
2.5 Indiana bats and 0.6 northern long-eared bats per year
for years 28-30.
This results in a total of 276 Indiana bats and 64 northern long-
eared bats over the 30-year permit term.
3. The Less Restrictive Operations alternative, in which the
Service would
[[Page 12009]]
issue an ITP for the HCP, but turbine operations would be different
than under 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 (April 1 through
May 15) up to 3.5 m/s, during the summer season (May 16 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. The estimated fatality rates for
this alternative are:
13.46 Indiana bats and 3.1 northern long-eared bats per
year for years 1-22;
7.94 Indiana bats and 1.84 northern long-eared bats per
year for years 23-27; and
3.11 Indiana bats and 0.72 northern long-eared bats per
year for years 28-30.
This results in a total of 345 Indiana bats and 79 northern long-
eared bats over the 30-year permit term;
4. More Restrictive Operations alternative, in which the Service
would issue an ITP for the HCP, but turbine operations would be
different than under 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 (April 1
through May 15) up to 3.5 m/s, summer (May 16 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. The estimated fatality rates for this alternative
are:
9.47 Indiana bats and 2.18 northern long-eared bats per
year for years 1-22;
5.59 Indiana bats and 1.28 northern long-eared bats per
year for years 23-27; and
2.19 Indiana bats and 0.51 northern long-eared bats per
year for years 28-30.
This results in a total of 277 Indiana bats and 65 northern long-
eared bats over the 30-year permit term. 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.
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, Ecological Services, Midwest Region.
[FR Doc. 2020-04046 Filed 2-27-20; 8:45 am]
BILLING CODE 4333-15-P
