Endangered Species Permits

NiSource Habitat Conservation Plan

Final Habitat Conservation Plan and

Environmental Impact Statement

The bog turtle is one of ten endangered and threatened species included in the NiSource Habitat Conservation Plan and Incidental Take Permit.

Photo by Lori Erb: Massachusetts Division of Fisheries & Wildlife

June 7, 2013 Federal Register Notice of Availability of the Final Environmental Impact Statement, Habitat Conservation Plan (2-page PDF )

NiSource Final Habitat Conservation Plan and Environmental Impact Statement - Questions and Answers

Final Habitat Conservation Plan

Final Environmental Impact Statement

Final Implementing Agreement for NiSource Habitat Conservation Plan (25-page PDF )

NiSource Incidental Take Permit Application (12-page PDF )

Memorandum of Understanding for Preparation of the Environmental Impact Statement for the NiSource Multi-species Habitat Conservation Plan (23-page PDF )

Strategic Conservation Planning Using a Green Infrastructure Approach - The NiSource Approach to Mitigation Planning

Summary - Summarizes the geographic ecosystem-based decision framework that helps find the best locations for mitigation. (15-page PDF; 1.7MB)

Final Report: Determining Mitigation Needs for NiSource Natural Gas Transmission Facilities (31-page PDF; 326KB)

Decision Support Framework for Evaluating and Ranking Mitigation Sites (6-page PDF)

Network Design Methods (53-page PDF; 2MB)

State Plan Review (74-page PDF; 570KB)

Bog Turtle - for information about mitigation for impacts to the bog turtle, please contact:

Robyn A. Niver
U.S. Fish & Wildlife Service- New York Field Office
3817 Luker Rd.
Cortland, NY 13045

Robyn_Niver@fws.gov
(607) 753-9334 (voice)
(607) 753-9699 (fax)

Indiana Bat - Mitigation Site Report (116-page PDF; 3.8MB)

Madison Cave Isopod - Mitigation Site Report (28-page PDF; 1MB)

Mussels - Mitigation Site Report (148-page PDF; 2MB)

Nashville Crayfish - Mitigation Site Report (62-page PDF; 2MB)

Public Comments

View written public comments received in response to the Notice of Availability of the NiSource Draft HCP and EIS.

Background

Incidental Take Permits

Permits can be issued under the Endangered Species Act (Act) to allow the take of endangered or threatened species, under certain circumstances. One type of permit is called an "Incidental Take Permit." The permit applicant must have a Habitat Conservation Plan (HCP) approved before an incidental take permit can be issued. HCPs are prepared by the permit applicant and identify specifically how the applicant is going to avoid, minimize and mitigate the take of any threatened or endangered species that may result from their actions. Nationwide, there are more than 675 HCPs currently in effect covering nearly 600 species on approximately 42 million acres.

NiSource is a natural gas distribution company that applied for an Incidental Take Permit for the take of threatened and endangered species that may result from their routine operation and maintenance activities. The company operates a 15,562-mile network of interstate natural gas pipelines across 14 states. Routine operation and maintenance includes repairing, upgrading, replacing and expanding pipelines and associated infrastructure. These activities are sometimes in or near endangered or threatened species habitat, and thus could result in taking a listed species. NiSource developed an HCP in conjunction with its application for an Incidental Take Permit. The HCP identifies how impacts to listed species from NiSource maintenance activities will be avoided and minimized and how any resulting “take” will be mitigated. The permit would cover all pipeline work within a one mile-wide corridor (in effect, one-half mile on either side of the centerline of the pipe) that might result in take of a listed species. An Incidental Take Permit does not authorize the pipeline work itself, only the take of listed species.

Role of the U.S. Fish and Wildlife Service in the NiSource HCP Process

The U.S. Fish and Wildlife Service is the federal agency that provides the Incidental Take Permit. Our role is to evaluate the HCP and decide whether to issue an Incidental Take Permit. We worked with NiSource, as we do with other Incidental Take Permit applicants, to provide technical guidance as NiSource prepared their HCP. In addition, it is our responsibility to evaluate the federal action of issuing the Incidental Take Permit under Section 7 of the Endangered Species Act. Also, it is our responsibility to evaluate the environmental impacts that will result if the permit is issued and the HCP implemented, as required by the National Environmental Policy Act (NEPA). Therefore, we prepared an Environmental Impact Statement to evaluate those impacts. We will complete our biological opinion and incidental take permit following the notice of the availability of the Final EIS and HCP.

NiSource's HCP is unusual because it covers a wide geographic area and multiple species. However, the process that we used to evaluate the HCP, review the environmental impacts, and consider NiSource's application for an Incidental Take Permit is the same as it is for other permit applications.