[Federal Register Volume 78, Number 233 (Wednesday, December 4, 2013)]
[Notices]
[Pages 72926-72928]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-29005]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R6-MB-2013-N241; FF06M01000-145-FXMB12310600000]
Bald and Golden Eagles; Migratory Birds; Phase I Development of
the Chokecherry-Sierra Madre Wind Energy Project
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of intent; announcement of public comment period.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce our
intent to prepare a draft Environmental Impact Statement (EIS) for
Phase I of the Chokecherry-Sierra Madre Wind Energy Project. Our draft
EIS will analyze the environmental impacts associated with our decision
on whether to issue a permit authorizing take of eagles for Phase I of
the project. Programmatic eagle take permits are authorized under the
Bald and Golden Eagle Protection Act (BGEPA), and its implementing
regulations. We are requesting public comments on issues that should be
addressed in our draft EIS.
DATES: This notice initiates the public scoping process. To ensure
consideration in developing the draft EIS, we must receive your
electronic or written comments by the close of the scoping period on
February 3, 2014. The public is invited to submit comments and resource
information by mail or in person, and identify issues or concerns to be
considered in the National Environmental Policy Act (42 U.S.C. 4231-
4347) (NEPA) compliance process.
The Service will host public scoping meetings, where you may
discuss issues with Service staff. The time, date, and specific
locations for these meetings will be announced through the Service's
Web site: http://www.fws.gov/mountain-prairie/wind/ChokecherrySierraMadre/index.html as well as via press releases, local
newspapers, radio announcements, and other media, at least 10 days
prior to the event.
If you require reasonable accommodations to attend the meeting,
contact the person listed under FOR FURTHER INFORMATION CONTACT at
least one week before the meeting.
ADDRESSES: You may submit comments in writing by one of the following
methods. At the top of your letter or in the subject line of your
message, please indicate that the comments are ``Chokecherry-Sierra
Madre Wind Energy Project Comments.''
Email: Comments should be sent to: CCSM_EIS@fws.gov.
U.S. Mail: Written comments should be mailed to
Chokecherry-Sierra Madre EIS, U.S. Fish and Wildlife Service Mountain-
Prairie Region, P.O. Box 25486 DFC, Denver, CO 80225.
Hand-Delivery/Courier: Chokecherry-Sierra Madre EIS, U.S.
Fish and Wildlife Service Mountain-Prairie Region, 134 Union Blvd.,
Lakewood, CO 80228.
FOR FURTHER INFORMATION CONTACT: David Carlson, (303) 236-4254 (phone);
Dave_E_Carlson@fws.gov (email); or Mike Dixon, (303) 236-8132
(phone); Michael_D_Dixon@fws.gov (email). Persons who use a
telecommunications device for the deaf (TDD) may call the Federal
Information Relay Service (FIRS) at 1-800-877-8339 to contact the above
individuals during normal business hours. The FIRS is available 24
hours a day, 7 days a week, to leave a message or question with the
above individuals. You will receive a reply during normal business
hours.
SUPPLEMENTARY INFORMATION:
I. The Federal Action
II. Background on the Project
III. Intergovernmental and Interagency Coordination
IV. Alternatives and Related Impacts Under Consideration
V. Public Comment Procedures
VI. Authorities
I. The Federal Action
The Service is considering a decision whether to issue a
programmatic permit authorizing take of eagles under the Bald and
Golden Eagle Protection Act for Phase I of the Chokecherry-Sierra Madre
Wind Energy Project (CCSM Project or Project) in Carbon County,
Wyoming. The Federal decision by the Service whether to issue a permit
to take eagles triggers the need for compliance with the NEPA.
The Service intends to gather information and prepare a draft EIS.
Our draft EIS will analyze the direct, indirect, and cumulative impacts
of Phase I of the Project to support a Service decision to approve or
deny an eagle take permit (ETP). The draft EIS will also analyze a
reasonable range of alternatives, including a no-action alternative,
for the potential issuance of a programmatic ETP.
The Project would be situated in an area of alternating sections of
private, State, and Federal lands administered lands by the Bureau of
Land Management (BLM) commonly referred to as the ``checkerboard,''
and, in 2012, the BLM completed a final EIS (FEIS) to evaluate whether
the Project area would be acceptable for development of a wind
facility. The Service intends to incorporate by reference information
from the BLM FEIS into our environmental analysis in order to avoid
redundancy and unnecessary paperwork. Council for Environmental Quality
(CEQ) regulations authorize incorporation by reference (40 CFR 1502.21,
CEQ 40 Most Asked Questions 30; see also 43 CFR 46.135). The
decision to incorporate by reference sections from the BLM FEIS into
the draft EIS will be based on our evaluation of the BLM FEIS and our
consideration of public comments.
II. Background on the Project
A. Power Company of Wyoming proposal. As proposed by the Power
Company of Wyoming, the CCSM Project will consist of two phases of
development. When both phases are completed, the CCSM Project will
consist of up to 1,000 wind turbines capable of generating a total of
2,000 to 3,000 megawatts (MW).
Phase I of the CCSM Project, to which this notice primarily
pertains, would consist of approximately 500 wind turbines, a haul
road, a quarry to supply materials for road construction, access roads,
a rail distribution facility, underground and overhead electrical and
communication lines, laydown areas, operation and maintenance
facilities, and other supporting infrastructure needed for Phase I to
become fully operational. For Phase I, PCW is preparing a detailed
eagle conservation plan (ECP) that it intends to submit to the Service
to support its application for an ETP. The ECP will identify measures
that PCW proposes to undertake to avoid, minimize and
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compensate for potential impacts to bald and golden eagles. To help
meet requirements of the Migratory Bird Treaty Act, PCW is also
preparing an avian protection plan containing measures that PCW
proposes to implement to avoid or minimize impacts of the Project on
other migratory birds. The Service will consider the information
presented in the ECP and avian protection plan when we analyze
environmental impacts in our draft EIS.
PCW has indicted it will submit a separate plan of development for
CCSM Phase II, which will consist of about 500 additional wind turbines
(roughly 1500 MW), at a later date. At this time PCW has not determined
when development of Phase II of the CCSM project would occur. The
Service intends to address impacts of CCSM Phase II (a reasonably
foreseeable future action) as cumulative impacts in the draft EIS for
Phase I, and will conduct further NEPA review of Phase II if and when a
take permit application for Phase II is submitted.
The CCSM Project has a proposed life of 30 years, after which,
subject to market conditions, the CCSM Project may be repowered as
necessary to continue its operations.
B. Migratory Birds and Eagle Protections. Raptors and most of other
birds in the United States are protected by the Migratory Bird Treaty
Act (16 U.S.C. 703-711). The President's Executive Order 13186 directs
agencies to consider migratory birds in environmental planning by
avoiding or minimizing to the extent practicable adverse impacts on
migratory bird resources when conducting agency actions, and by
ensuring environmental analyses of Federal actions required by NEPA or
other established environmental review processes.
Bald eagles and golden eagles are provided further protection under
the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668d) (BGEPA),
which prohibits anyone, without a permit issued by the Secretary of the
Interior, from ``taking'' eagles, including their parts, nests, or
eggs. An eagle take permit authorizes the take of live eagles and their
eggs where the take is associated with, but not the purpose of, a human
activity or project. The regulations pertaining to eagle take permits
can be found in the Code of Federal Regulations at 50 CFR 22.26.
A programmatic take permit authorizes the take of eagles where the
take is compatible with the preservation of eagles; where it is
necessary to protect an interest in a particular locality; where it is
the associated with but not the purpose of an activity; and where take
is unavoidable even though advanced conservation practices are being
implemented. The Service will issue programmatic permits for such take
only after an applicant has committed to undertake all practical
measures to avoid and minimize such take and mitigate anticipated take
to the maximum extent achievable to be compatible with the preservation
of eagles.
C. The BLM's FEIS. In July 2012, BLM published its FEIS for the
Project. The BLM action evaluated in the FEIS was to decide whether the
area identified in PCW's proposal would be acceptable for development
of a wind facility in a manner compatible with applicable federal laws.
The BLM FEIS included an evaluation of the impacts of issuing the
requested rights-of-way (ROW) grants on golden eagles and other raptors
and migratory birds based on available data and concluded that the
estimated number of raptor fatalities, as well as the impacts of
reduced use by passerine birds within the project area, would exceed
significance criteria. (pages 4.14-26).
On October 9, 2012, BLM published a Record of Decision (ROD)
determining that the portions of the area for which PCW seeks ROWs
grants ``are suitable for wind energy development and associated
facilities and that design features and mitigation measures must be
incorporated into any future CCSM wind energy development
authorizations.'' As explained in the ROD, the BLM's decision does not
authorize development of the wind energy project; rather, it allows BLM
to accept and evaluate future right-of-way applications subject to the
requirements of all future wind energy development described therein
(ROD at 6-1).
Prior to issuing ROW grants, BLM will prepare additional
environmental analyses of site-specific plans of development submitted
by PCW. The BLM ROD sets forth a framework for conducting additional
detailed NEPA review of PCW's site-specific plans of development (ROD
appendix C).
III. Intergovernmental and Interagency Coordination
Federal, tribal, State, and local agencies, along with other
stakeholders who may be interested in or affected by the Service's
decision on Phase I wind development of the Project, are invited to
participate in the scoping process and, if eligible, may request or be
requested by the Service to participate as a cooperating agency.
The Service will conduct consultation with Native American tribes
in accordance with applicable laws, regulations, and Department of the
Interior policy, and tribal concerns will be given due consideration,
including Indian trust assets and cultural or religious interests.
Interested persons may view information about our environmental
review of Phase I of the Project on our Web site, at http://www.fws.gov/mountain-prairie/wind/ChokecherrySierraMadre/index.html.
The Web site contains information concerning the comment period, during
which persons may submit comments, and the locations, dates, and times
of public scoping meetings.
IV. Alternatives and Related Impacts Under Consideration
Our draft EIS will address action alternatives, and direct,
indirect, and cumulative impacts of the action. Alternatives for the
Project will, at a minimum, include:
(a) An action alternative whereby the Service issues the
programmatic take permit with conditions;
(b) A no-action alternative, which would result in an eagle permit
not being issued; and
(c) Any environmentally preferable alternatives that may be
identified in accordance with 40 CFR part 1500.
The Service's draft EIS will consider the predicted magnitude of
eagle take within the context of regional eagle populations (Bird
Conservation Regions, or BCRs). The analysis also will take into
account other factors that may warrant protection of smaller or
isolated eagle populations within a region. In addition, our draft EIS
will consider:
Comprehensive analysis of impacts to eagles that addresses
not only the predicted take under BGEPA, but also the individual and
cumulative habitat (including foraging and roosting) and prey base
impacts that may have adverse population impacts but may not constitute
take under the BGEPA;
Potential impacts to migratory birds and their habitats
(including thorough fragmentation analysis), and review and analysis of
the applicant's avian protection plan;
Cumulative impacts analyses of eagles and other migratory
birds at the local area population scale and at the BCR scale;
Analysis of effects to wintering golden eagles;
Analysis of climate change effects, including effects on
eagles, their habitat and their prey, and the effect on other migratory
bird resources;
Analysis of effects to eagles and other species as sacred
species and as cultural resources. Some tribes and tribal members may
consider eagle nests
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and other areas where eagles are present to be sacred sites addressed
in the American Indian Religious Freedom Act of 1978 (42 U.S.C. 1996).
The purpose of the public scoping process is to determine relevant
issues that could influence the scope of the environmental analysis,
including alternatives, and guide the process for developing the EIS
and related compliance efforts. The final range of reasonable
alternatives and mitigation to be analyzed in the draft EIS will be
determined in part by the comments received during the scoping process.
V. Public Comment Procedures
Request for Comments
In accordance with the CEQ's regulations for implementing NEPA and
the DOI's NEPA regulations, the Service solicits public comments on the
scope of the draft EIS, including alternatives, mitigation, cumulative
impacts that should be considered, and issues that the draft EIS should
address.
We request data, comments, new information, or suggestions from the
public, other concerned governmental agencies, the scientific
community, Tribes, industry, or other interested parties on this
notice. Timely comments will be considered by the Service in developing
a draft EIS.
Written comments, including email comments, should be sent to the
Service at the addresses given in the ADDRESSES section of this notice.
Comments should be specific and pertain only to the issues relating to
the proposals. The Service will include all comments in the
administrative record.
If you would like to be placed on the mailing list to receive
future information, please contact the person listed under FOR FURTHER
INFORMATION CONTACT, above.
If you require reasonable accommodation to attend one of the
meetings, please contact the person listed under FOR FURTHER
INFORMATION CONTACT at least one week before the meeting.
Availability of Comments
The Service will make comments, including name of respondent,
address, phone number, email address, or other personal identifying
information, available for public review during normal business hours.
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--will be publicly available. 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. All
submissions from organizations or businesses and from individuals
identifying themselves as representatives or officials of organizations
or businesses will be available for public review to the extent
consistent with applicable law.
VI. Authorities
This notice is published in accordance with the National
Environmental Policy Act of 1969, the Council on Environmental
Quality's (CEQ) regulations for implementing NEPA, 40 CFR parts 1500
through 1508; and the Department of the Interior's NEPA regulations, 43
CFR part 46.
David McGillivary,
Acting Assistant Regional Director--Migratory Birds, Mountain-Prairie
Region, Denver, Colorado.
[FR Doc. 2013-29005 Filed 12-3-13; 8:45 am]
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