[Federal Register Volume 84, Number 183 (Friday, September 20, 2019)]
[Notices]
[Pages 49547-49549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20410]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R1-ES-2019-N119; FXES11140100000-190-FF01E00000]
Records of Decision for the Final Programmatic Environmental
Impact Statement for Four Wind Energy Project Habitat Conservation
Plans in Hawaii
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability of records of decision and habitat
conservation plans.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the
availability of four separate records of decision (RODs) under the
Endangered Species Act--three RODs for the proposed issuance of three
permit amendments and one ROD for the proposed issuance of one new
permit. We also make available each project's respective habitat
conservation plan (HCP) amendment or HCP. The RODs document the
Service's decision to issue incidental take permit (ITP) amendments to
three applicants--Kawailoa Wind, LLC; Auwahi Wind, LLC; and Kaheawa
Wind Power II, LLC--and a new ITP to Tawhiri Power, LLC.
ADDRESSES: Electronic copies of the RODs and other documents associated
with each of the four separate permit decisions are available using the
following methods:
Internet: Documents may be viewed and downloaded on the
internet at https://www.fws.gov/pacificislands.
U.S. Mail: You may obtain a CD with electronic copies of
these documents if you make a request within 30 days after the date of
publication of this notice by writing to Field Supervisor, U.S. Fish
and Wildlife Service, Pacific Islands Fish and Wildlife Office, 300 Ala
Moana Boulevard, Room 3-122, Honolulu, HI 96850.
Telephone: Call 808-792-9400 during regular business
hours.
FOR FURTHER INFORMATION CONTACT: Michelle Bogardus, by phone at 808-
792-9473, or Darren LeBlanc, by phone at 808-792-9403. Persons who use
a telecommunications device for the deaf may call the Federal Relay
Service at 800-877-8339 for assistance.
SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service
(Service), announce the availability of four separate records of
decision (RODs) for the proposed issuance of an Endangered Species Act
(ESA) section 10(a)(1)(B) incidental take permit (ITP) or ITP
amendments to four wind energy companies for implementation of their
respective projects and final habitat conservation plans (HCPs) or HCP
amendments. Each ROD documents the Service's decision to issue an ITP
to the respective applicant. As summarized in each ROD, the Service has
selected Alternative 2, the proposed action, which includes
implementation of the HCP and issuance of the ITP authorizing
incidental take of one or more of the following covered species that
may occur as a result of project operations during the permit period:
The Hawaiian hoary bat ([revaps][omacr]pe[revaps]ape[revaps]a in
Hawaiian; Lasiurus cinereus semotus), Hawaiian goose (n[emacr]n[emacr];
Branta sandvicensis), and the Hawaiian petrel ([revaps]ua[revaps]u;
Pterodroma sandwichensis).
We are advising the public of the availability of the RODs,
developed in compliance with the agency decision-making requirements of
the National Environmental Policy Act of 1969, as amended (NEPA), as
well as the final HCP and HCP amendments as submitted by the
applicants. All alternatives have been described in detail, evaluated,
and analyzed in our final programmatic environmental impact statement
(FPEIS). Our notice of availability of the FPEIS and four HCPs was
published in the Federal Register on August 2, 2019 (84 FR 37909).
Background
All four wind projects are currently constructed and operating.
Three of the
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projects (Auwahi Wind, KWP II, and Kawailoa Wind) have existing ITPs
and are requesting amendments due to the addition of a new covered
species or the exceedance of previously authorized incidental take of
the Hawaiian hoary bat. One project, the Pakini Nui Wind Farm, was
constructed and operating without a permit because they did not
anticipate take of any listed species. Once an unauthorized take was
identified, they developed an HCP and applied for an ITP. None of the
projects' proposed actions includes additional development of the
respective wind facility. The new or amended ITPs would authorize
incidental take associated with the continued operation of existing
wind turbines at each project.
The PEIS was developed in accordance with the requirements of NEPA
(42 U.S.C. 4321 et seq.) in response to four ITP applications. The
Service determined that a programmatic NEPA analysis of the four
similar wind energy project-related permit decisions would provide the
following benefits: A comprehensive analysis of cumulative impacts
across all projects; creation of a single document that the public
would be more likely to understand; a reduction in duplicative
information that would otherwise appear in four separate EISs; improved
consistency in the NEPA analysis; and a more efficient and
comprehensive solicitation of public input.
Each HCP or HCP amendment describes how impacts to covered species
would be minimized and mitigated. The HCPs also describe the covered
species' life history and ecology, the HCP biological goals and
objectives, the estimated take and its potential impact on covered
species' populations, adaptive management and monitoring procedures,
and mitigation measures for each project. Tawhiri Power, LLC, is
requesting incidental take authorization for an estimated 26 Hawaiian
hoary bats, 3 Hawaiian petrels, and 3 Hawaiian geese over a 10-year
permit term. Auwahi Wind Energy, LLC, is requesting a permit amendment
and incidental take coverage for an additional 119 Hawaiian hoary bats
(for a total of 140 bats) over the 25-year permit term, which expires
in 2037. KWP II, LLC, is requesting a permit amendment and incidental
take authorization for an additional estimated 27 Hawaiian hoary bats
(for a total of 38 bats) and an additional estimated 14 Hawaiian geese
(for a total of 44 geese) over the 20-year permit term, which expires
in 2032. Kawailoa Wind Power, LLC, is requesting a permit amendment and
incidental take coverage for an additional estimated 160 Hawaiian hoary
bats (for a total of 220 bats) and take of 24 Hawaiian petrels over the
20-year permit term, which expires in 2031. Additional information on
each specific project is described in the PEIS and RODs.
Purpose and Need
The Service's purpose and need for the proposed permit actions is
to respond to ITP applications submitted by the applicants, and to
approve, approve with conditions, or deny the ITP applications. The
Service's assessment of the ITP applications is complete, and was
prepared pursuant to the requirements of section 10 of the ESA and its
implementing regulations. Any ITP issued by the Service must meet all
applicable requirements of the ESA.
Alternatives
Our FPEIS analyzed the environmental impacts of no action and two
alternatives related to the issuance of the ITPs and implementation of
the HCPs. While the three alternatives are similar for the four
projects, the results of implementing a particular alternative would be
different for each project. The three alternatives are described below.
Alternative 1--No Action: The no action alternative evaluates
conditions as they would occur over the foreseeable future if the
Service denied issuance of an ITP to the applicants and if the
applicants did not implement their respective HCPs for the covered
species. Under this alternative, the applicants would continue to
conduct wind energy facility operations in accordance with existing
State and Federal regulations. The applicants would remain subject to
the prohibition on unauthorized taking of State and federally listed
species. The Service expects that each applicant would act in a
reasonable manner to avoid unauthorized take of the covered species
over and above their existing permit authorizations (as applicable). To
achieve this, the Service assumes that all applicants would implement
other measures to limit the potential for take of listed species to
occur. Any take that occurs over and above existing permit limits would
not be authorized and would remain unmitigated.
Alternative 2--Proposed Action: Under the proposed action, the
Service would issue a separate ITP (amendment or a new ITP) to each of
the four applicants, authorizing incidental take of the covered
species. The new or amended ITP/HCP would be implemented as proposed by
each applicant, including mitigation and minimization actions to
address the effects of the incidental take. The applicants' operations
and activities would be subject to the terms and conditions of the ITP/
HCP, as well as existing regulatory standards. Under the proposed
action alternative, the three applicants with HCPs/ITPs currently in
effect would continue to conduct their previously authorized mitigation
activities as outlined in the no action alternative, in addition to the
mitigation described in their HCP amendment.
Alternative 3--Increased Curtailment: This alternative was
developed to analyze the most practicable minimization measure for the
actions proposed in the applicants' HCPs (Alternative 2) that would
result in a reduction of take of the Hawaiian hoary bat at each of the
facilities but also allow the applicants to meet their minimum required
power production. Under Alternative 3, the Service would issue the ITPs
authorizing a lower level of Hawaiian hoary bat take than what is
anticipated by the applicants in their new or amended HCPs. Under this
alternative, wind facility operations and maintenance activities would
be shut down at all applicant wind turbines during nighttime hours from
April 15 through September 15, and low wind speed curtailment
activities would be implemented during the remainder of the year. These
measures would result in a minimization of the take of adult Hawaiian
hoary bats and eliminate indirect take of juvenile bats. Mitigation
actions and corresponding monitoring activities would be reduced
commensurate with take levels for each applicant.
The environmental consequences of each alternative were analyzed in
the FPEIS. The types of effects on covered species were similar across
action alternatives, with take resulting from project operations being
mitigated through land acquisition, species and habitat management, and
research. Increasing the use of avoidance and minimization measures
through different turbine curtailment regimes can reduce the amount of
take of the covered species and the amount of renewable electricity
produced; a commensurate reduction in the amount of incidental take of
the covered species is expected with alternatives that include turbine
curtailment.
Public comments received in response to the draft PEIS were
considered, and the FPEIS reflects clarifications of the existing
analysis to address public comments.
The FPEIS does not identify an environmentally preferred
alternative. Pursuant to NEPA implementing regulations found at 40 CFR
15.2(b), the
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Service identified Alternative 3--Increased Curtailment as the
environmentally preferred alternative in the RODs.
Decision and Rationale for Decision
Based on our review of the alternatives and their environmental
consequences as described in our FPEIS, we have selected the proposed
action alternative (Alternative 2) for all four projects. The proposed
action includes each applicant's implementation of their final HCP or
HCP amendment, and the Service's issuance of an ITP authorizing take of
the covered species that may occur incidental to the continued
operation of each project.
In order to issue each ITP under the ESA, we must determine that
each of the HCPs meets the issuance criteria set forth in 16 U.S.C.
1539(a)(2)(A) and (B). We have made that determination for each HCP, as
described further in their respective RODs.
Authority
We provide this notice in accordance with the requirements of
section 10(c) of the ESA (16 U.S.C. 1539(c)) and its implementing
regulations (50 CFR 17.22 and 17.32), and NEPA (42 U.S.C. 4321 et seq.)
and its implementing regulations (40 CFR 1506.6; 43 CFR part 46).
Robyn Thorson,
Regional Director, U.S. Fish and Wildlife Service, Portland, Oregon.
[FR Doc. 2019-20410 Filed 9-19-19; 8:45 am]
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