[Federal Register Volume 78, Number 220 (Thursday, November 14, 2013)]
[Notices]
[Pages 68465-68466]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-27230]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R3-ES-2013-N199; FXES11120300000F2-234-FF03E00000]
NiSource, Inc.; Record of Decision, Habitat Conservation Plan,
Environmental Impact Statement, and Permit Issuance
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability.
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We, the U.S. Fish and Wildlife Service (Service), are advising the
public of the availability of the Record of Decision (hereafter,
``ROD'') on an Incidental Take Permit (hereafter, ``ITP'') issued
pursuant to the Endangered Species Act of 1973, as amended (ESA). The
ITP authorizes NiSource, Inc., to take 10 federally listed species over
a 50-year period. For availability of the record of decision and
associated documents, see ADDRESSES.
DATES: The ROD is available effective September 13, 2013.
ADDRESSES: Document availability: The ROD and other documents
associated with the decision are available for review, subject to the
requirements of the Privacy Act of 1974 (5 U.S.C. 552a.) and Freedom of
Information Act, by any of the following methods:
Internet: You may access an electronic copy of the ROD and
related documents on the Internet at http://www.fws.gov/midwest/endangered/permits/hcp/r3hcps.html.
U.S. Mail: You may obtain an electronic copy of the ROD,
Final Environmental Impact Statement, and Multi-Species Habitat
Conservation Plan on compact disk by submitting a request in writing to
the U.S. Fish and Wildlife Service within 30 days of the date of
publication of this notice; see FOR FURTHER INFORMATION CONTACT.
In-Person: Printed copies of the documents are available
for public inspection and review (by appointment only), at the office
listed under FOR FURTHER INFORMATION CONTACT.
FOR FURTHER INFORMATION CONTACT: Thomas J. Magnuson, Regional HCP
Coordinator, U.S. Fish and Wildlife Service, 5600 American Blvd. West,
Suite 990, Bloomington, MN 55437-1458; 612-713-5467.
SUPPLEMENTARY INFORMATION: We are advising the public of the
availability of the ROD associated with an ITP application received
from NiSource, Inc., pursuant to the ESA. The ITP issued to NiSource
authorizes the take of 10 federally listed species over a 50-year
period.
NiSource prepared a multi-species habitat conservation plan (MSHCP)
to cover a suite of activities associated with operation, maintenance,
and construction of their existing natural gas pipeline system in the
States of Delaware, Indiana, Kentucky, Louisiana, Maryland,
Mississippi, New Jersey, New York, North Carolina, Ohio, Pennsylvania,
Tennessee, Virginia, and West Virginia.
The Service was the lead Federal agency for review of the
application and preparation of the Final Environmental Impact Statement
(FEIS) for the proposed permit issuance. The Federal Energy Regulatory
Commission (FERC), the U.S. Army Corps of Engineers (USACE), the U.S.
Department of Agriculture (USDA) Forest Service (FS) Eastern Region and
Southern Region, and the National Park Service (NPS) Southeast Region
served as cooperating agencies. Availability of the FEIS was published
in the Federal Register on June 7, 2013 (78 FR 34402), and June 14,
2013 (78 FR 35928).
Background
NiSource, Inc., headquartered in Merrillville, Indiana, is engaged
in natural gas transmission, storage, and distribution, as well as
electric generation, transmission, and distribution. NiSource, Inc.'s
wholly owned pipeline subsidiaries, Columbia Gas Transmission, LLC;
Columbia Gulf Transmission LLC; Crossroads Pipeline Company; Central
Kentucky Transmission Company; and NiSource Gas Transmission and
Storage Company (companies referred to collectively as ``NiSource''),
are interstate natural gas companies whose primary operations are
subject to the Natural Gas Act (15 U.S.C. 717) and fall under the
jurisdiction of the Federal Energy Regulatory Commission (FERC) and the
U.S. Department of Transportation (USDOT). NiSource applied for
authorization under the ESA to take species in the course of engaging
in otherwise lawful gas transmission and storage operations. An ITP
application under the ESA requires submission of a Habitat Conservation
Plan in conjunction with the application.
On July 16, 2009, NiSource filed an application with the Service
for a section 10(a)(1)(B) ITP for 10 ESA-listed species known to occur
within NiSource's operating territory. These species include the
Indiana bat (Myotis sodalis), bog turtle (Glyptemys muhlenbergii),
Madison Cave isopod (Antrolana lira), clubshell mussel (Pleurobema
clava), northern riffleshell mussel (Epioblasma torulosa rangiana),
fanshell mussel (Cyprogenia stegaria), James spinymussel (Pleurobema
collina), sheepnose mussel (Plethobasus cyphyus), Nashville crayfish
(Orconectes shoupi), and American burying beetle (Nicrophorus
americanus). The MSHCP was prepared to cover a 50-year timeframe.
The Covered Land for the MSHCP and ITP includes 12 counties in
Maryland, Ohio, Pennsylvania, and West Virginia, and a 1-mile-wide
corridor associated with 15,562 miles of existing NiSource right-of-way
within the 14 aforementioned States.
The Covered Activities, or those NiSource activities that fall
under the purview of the MSHCP, include a wide range of operation,
maintenance, and new construction activities that are specific to
NiSource's wholly owned pipeline subsidiaries and to the Covered Land
specified in the MSHCP.
The MSHCP evaluated 42 species that could potentially occur within
the NiSource Covered Land, and that could potentially be impacted by
NiSource Covered Activities. However, after analysis of the 42 species
and the Covered Land, it was concluded that NiSource Covered Activities
will not adversely impact 32 of the 42 species evaluated. Therefore,
NiSource requested incidental take for the remaining 10 species, for
which take could be minimized, but not avoided.
In addition to the 42 species evaluated in the MSHCP, 47 additional
ESA-listed, proposed, or candidate species are either known to occur or
potentially occur within the NiSource Covered Land. Potential impacts
to these species are discussed in the FEIS and in the Service's
Biological Opinion.
NEPA Compliance
Issuance of an ITP by the Service to NiSource is a Federal action
that may affect the quality of the human environment and therefore is
subject to
[[Page 68466]]
review under the National Environmental Policy Act (NEPA). To comply
with the NEPA, the Service prepared an FEIS which analyzed potential
impacts that could result from issuance of an ITP to NiSource and the
subsequent implementation of their MSHCP. The ROD that is made
available at this time announces the Service's decision to issue the
ITP and is the final decision under the NEPA.
Public Involvement
On October 11, 2007, the Service published a Notice of Intent (NOI)
to prepare an EIS in the Federal Register (72 FR 57953), to solicit
participation of Federal, State, and local agencies, Tribes, and the
public to determine the scope of the EIS and provide input relative to
issues associated with the proposed MSHCP project. In addition to the
publication of the NOI, the scoping process included informal
stakeholder and agency consultations, 13 public scoping meetings, and a
mailing to approximately 1,300 known interested parties. Public scoping
continued until December 8, 2007, and the Scoping Report is appended to
the FEIS.
In accordance with the NEPA, a draft EIS and MSHCP were circulated
for public review and comment. The public review period was initiated
with the publication of the Notice of Availability (NOA) in the Federal
Register on July 13, 2011 (76 FR 41288), and the public comment period
was extended for an additional 90 days (76 FR 63950). Three public
meetings were announced in the NOA, and were held in Columbus, Ohio, on
August 16, 2011; Lexington, Kentucky, on August 17, 2011; and
Charleston, West Virginia, on August 18, 2011. The comment period
closed on December 13, 2011. A variety of comments were received on the
DEIS and associated MSHCP, and are available for request by the methods
described under ADDRESSES. Responses to these comments are appended to
the FEIS.
Availability of the FEIS was announced in the Federal Register on
June 7, 2013 (78 FR 34402), and June 14, 2013 (78 FR 35928). Comments
received in response to the Notice of Availability of the FEIS are
discussed in the ROD.
Authority
We provide this notice under Section 10(c) of the ESA (16 U.S.C.
1531, 1539(c)) and its implementing regulations (50 CFR 17.22 and
17.32), and the NEPA (42 U.S.C. 4321 et seq.) and its implementing
regulations (40 CFR 1506.6; 43 CFR Part 46). We evaluated the
application, associated documents, and comments submitted to determine
whether the application met the requirements of section 10(a)(1)(B) of
the ESA. The Service has made its decision to issue an ITP to NiSource
for the take of 10 species in accordance with their MSHCP and
associated IA.
Dated: November 6, 2013.
Lynn Lewis,
Assistant Regional Director, Ecological Services, Midwest Region.
[FR Doc. 2013-27230 Filed 11-13-13; 8:45 am]
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