[Federal Register Volume 76, Number 202 (Wednesday, October 19, 2011)]
[Notices]
[Pages 64966-64967]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-26793]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R5-ES-2011-N174; 50120-1112-0000-F2]
Notice of Availability of a Draft Environmental Assessment and
Receipt of an Application for an Incidental Take Permit for Karner Blue
Butterfly and Frosted Elfin From National Grid
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability of draft environmental assessment,
receipt of application, and habitat conservation plan.
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SUMMARY: Pursuant to section 10(a)(1)(B) of the Endangered Species Act
(ESA) (16 U.S.C. 1531 et seq.) and the National Environmental Policy
Act (NEPA) (42 U.S.C. 4321, et seq.) the U.S. Fish and Wildlife Service
(Service or ``we'') announce the availability of an application for an
incidental take permit and the associated habitat conservation plan
(HCP) from National Grid (NG), Syracuse, New York, and draft
environmental assessment (EA) for public review and comment. We
received the permit application from NG for incidental take of
federally listed Karner blue butterfly (Lycaeides melissa samuelis) and
unlisted frosted elfin (Callophyrs irus) (should this species become
listed in the future) over the next 50 years during operations,
maintenance, and construction activities associated with electric and
natural gas facilities within portions of Albany, Oneida, Schenectady,
Saratoga, and Warren Counties, New York. We prepared a draft EA that
describes the proposed action and possible alternatives and analyzes
the effects of alternatives on the human environment.
We provide this notice to: (1) Seek public comments on the proposed
HCP; (2) seek public comments on the scope of issues and alternatives
considered in the draft EA and our consideration as to whether the
draft EA supports a Finding of No Significant Impact under NEPA; and
(3) advise other Federal and State agencies, affected Tribes, and the
public of our intent to prepare a final EA.
The proposed HCP and EA are being made available during a 60-day
comment period. To ensure consideration, we must receive your written
comments by December 19, 2011.
ADDRESSES: Send comments by U.S. mail to Robyn Niver, U.S. Fish and
Wildlife Service, New York Field Office, 3817 Luker Road, Cortland, New
York 13045; by facsimile at 607-753-9699; or by electronic mail at
robyn_niver@fws.gov. In the subject line of your letter, facsimile or
electronic mail, include the document identifier: NG HCP.
SUPPLEMENTARY INFORMATION: We received a permit application from NG for
incidental take of federally listed Karner blue butterfly (Lycaeides
melissa samuelis) and unlisted frosted elfin (Callophyrs irus) (should
this species become listed in the future) over the next 50 years during
operations, maintenance, and construction activities associated with
electric and natural gas facilities. A conservation program to minimize
and mitigate for the incidental take would be implemented by NG as
described in the draft NG HCP.
We prepared a draft EA to comply with the NEPA. The Service will
evaluate whether the proposed action, issuance of an incidental take
permit to NG, and other alternatives in this draft EA are adequate to
support a Finding of No Significant Impact.
This notice is provided pursuant to section 10(c) of the ESA and
NEPA regulations (40 CFR 1506.6).
We are requesting comments on the proposed HCP and our
consideration as to whether the draft EA supports a Finding of No
Significant Impact under NEPA.
Availability of Documents
The proposed HCP and draft EA are available on the New York Field
Office's (NYFO) Web site at: http://www.fws.gov/northeast/nyfo/es/kbb.htm. Copies of the proposed HCP and draft EA will be available for
public review during regular business hours at the NYFO (see
ADDRESSES). Those who do not have access to the Web site or cannot
visit our office can request copies by telephone at 607-753-9334 or by
letter to the NYFO (see ADDRESSES).
Background
Section 9 of the ESA (16 U.S.C. 1531 et seq.) and its implementing
regulations prohibit the ``take'' of animal species listed as
endangered or threatened. Take is defined under the ESA as to ``harass,
harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect
listed animal species, or to attempt to engage in such conduct'' (16
U.S.C. 1538). However, under section 10(a) of the ESA, we may issue
permits to authorize incidental take of listed species. ``Incidental
take'' is defined by the ESA as take that is incidental to, and not the
purpose of, carrying out an otherwise lawful activity. Regulations
governing incidental take permits for threatened and endangered
species,
[[Page 64967]]
respectively, are found in the Code of Federal Regulations (October 1,
2006, 50 CFR 17.22; October 1, 2001, 50 CFR 17.32).
NG is seeking a permit for the incidental take of Karner blue
butterfly (Lycaeides melissa samuelis) and frosted elfin (Callophyrs
irus) (should this species become listed in the future) for a term of
50 years. Incidental take of these species may occur in patches of
habitat within approximately 56.1 miles of electric transmission line
right-of-way (ROW), 52.9 miles of electric sub-transmission line, 42.32
miles of gas lines located in ROWs, and 8.41 miles of distribution line
ROW (covered lands) within portions of Albany, Oneida, Schenectady,
Saratoga, and Warren Counties, New York. Where multiple electric lines
are located parallel in the same ROW, the length has only been counted
once. Where a gas pipeline is located adjacent to an electric
transmission line, both lengths have been counted. An additional 28
acres of mitigation lands are also included as covered lands. The
covered activities may result in the permanent loss of 3.5 acres of
occupied habitat and periodic temporary disturbance of 29.3 acres of
occupied habitat during the term of the permit.
Proposed covered activities include operations, maintenance,
reconstruction, and new construction of electric transmission, sub-
transmission, and distribution structures and substations, as well as
underground natural gas pipelines and associated aboveground gas
regulator stations and valve sites.
The HCP's proposed conservation strategy is designed to avoid,
minimize, and mitigate the impacts of covered activities on the covered
species. The biological goals and objectives are to complement the
existing conservation efforts in New York State for the butterflies by
(a) Focusing mitigation/restoration/enhancement efforts within the
Albany Pine Bush and Queensbury viable butterfly populations where
corridor connections can be made and larger habitats of wild blue
lupine can be developed; (b) working with non-governmental
organizations in the area with an interest in protecting butterfly
habitat; (c) avoiding and minimizing negative effects and actions; (d)
promoting education and outreach; and (e) ensuring that the amount of
habitat for the covered species within the covered lands does not drop
below the 2006 Baseline Survey acreage.
The HCP provides a mechanism to supply funding for a full range of
conservation measures targeting the butterflies and the ecosystems that
support them. Conservation measures proposed include implementation of
avoidance and minimization measures to ensure continued existence of
the butterflies within the covered lands, creation of a 5-acre, off-ROW
preserve, and creation and/or enhancement of up to 23 acres of ROW
habitat. Additionally, and although not required, NG will be proactive
and conduct enhancement measures above and beyond the regulatory
requirements that should result in the ultimate creation and promotion
of habitat within strategically selected ROW areas of the covered
lands.
The Proposed Action consists of the issuance of an incidental take
permit and implementation of the proposed HCP. Two other alternatives
to the proposed action were considered in the HCP: no action (i.e., the
incidental take permit for Karner blue butterfly and frosted elfin
would not be issued and the HCP would not be implemented), and avoiding
or reducing the performance of infrastructure repairs and replacements.
However, these two alternative actions were eliminated from further
consideration, due to logistical and public safety considerations, and
the associated regulatory and business-related obligations to continue
providing reliable electricity and natural gas service to NG's
customers. NG has developed an implementation agreement (IA) that
ensures proper implementation of each of the terms and conditions of
the HCP and describes the applicable remedies and recourse should any
party fail to perform its obligations, responsibilities, and tasks. The
IA is being included with the proposed HCP for public review.
National Environmental Policy Act
In compliance with the NEPA of 1969, we analyzed the impacts of
implementing the HCP, issuance of the permit, and a reasonable range of
alternatives. Based on this analysis and any new information resulting
from public comment on the proposed action, we will determine if there
are any significant impacts or effects caused by issuing the incidental
take permit. We have prepared a draft EA on this proposed action and
have made it available for public inspection online or in person at the
NYFO (see ADDRESSES).
NEPA requires that a range of reasonable alternatives to the
proposed action be described. The draft EA analyzes three alternatives
that were derived from discussions with NG during the development of
the HCP. We evaluated a no action alternative (do not issue a permit,
status quo), the proposed action, (issue the permit and implement the
HCP) and one other alternative that limits the mitigation activities to
areas of impact.
Next Steps
We will evaluate the plan and comments we receive to determine
whether the permit application meets the requirements of section 10(a)
of the ESA (16 U.S.C. 1531 et seq.). We will also evaluate whether
issuance of a section 10(a)(1)(B) permit would comply with section 7 of
the ESA by conducting an intra-Service section 7 consultation. We will
use the results of this consultation, in combination with the above
findings, in our final analysis to determine whether to issue a permit.
If the requirements are met, we will issue the permit to the applicant.
Public Comments
The Service invites the public to comment on the proposed HCP and
draft EA during a 60-day public comment period ending on December 19,
2011. Comments can be submitted to the NYFO (see ADDRESSES). All
comments received, including names and addresses, will become part of
the administrative record and may be made available to the public.
Before including your address, phone number, e-mail 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 may
request at the top of your document that we withhold your personal
identifying information from public review, we cannot guarantee that we
will be able to do so.
Dated: August 11, 2011.
Kenneth D. Elowe,
Acting Regional Director, Region 5.
[FR Doc. 2011-26793 Filed 10-18-11; 8:45 am]
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