[Federal Register Volume 79, Number 210 (Thursday, October 30, 2014)]
[Notices]
[Pages 64619-64621]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-25796]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R6-ES-2014-0048; FF06E22000-145-FXES11130600000]
Endangered and Threatened Wildlife and Plants; Permits; Draft
Environmental Impact Statement and Habitat Conservation Plan for the R-
Project Transmission Line in Nebraska
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of intent; announcement of public scoping meetings;
request for public comments.
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SUMMARY: We, the U.S. Fish and Wildlife Service, intend to prepare a
draft environmental impact statement (DEIS) under the National
Environmental Policy Act (NEPA) to consider potential impacts on the
human environment from the proposed issuance of an incidental take
permit (permit) and required implementation of a Habitat Conservation
Plan (HCP). The Nebraska Public Power District (NPPD) is proposing to
apply for the permit for take of the American burying beetle associated
with the construction, operation, and maintenance of the R-Project
Transmission Line in north-central Nebraska. The American burying
[[Page 64620]]
beetle is federally listed as an endangered species.
We provide this notice to (1) describe the proposed action; (2)
advise other Federal and State agencies, potentially affected tribes,
and the public of our intent to prepare an DEIS; (3) announce the
initiation of a 60-day public scoping period; and (4) obtain
suggestions and information on the scope of issues and possible
alternatives to be included in the DEIS. The intended effect of this
notice is to gather information from the public for consideration when
developing alternatives to the proposed action that will avoid,
minimize, and mitigate the effects of incidental take to the maximum
extent practicable and to address other potential impacts to the human
environment.
DATES: To ensure consideration, we must receive your written comments
on or before December 29, 2014. Three scoping meetings will be held,
from 4 p.m. until 7 p.m. on the following dates, at the following
locations:
American Legion--November 18, 2014, 4 p.m. to 7 p.m., 657 G Street,
Burwell, NE 68823;
Village Municipal Offices (Village of Sutherland Community Building)--
November 19, 2014, 4 p.m. to 7 p.m., 1200 First Street, Sutherland, NE
69165; and
Thomas County Fairgrounds--November 20, 2014, 4 p.m. to 7 p.m., 83861
Highway 83, Thedford, NE 69166.
ADDRESSES: Send your comments regarding the proposed action and the
proposed DEIS by any one of the following methods:
Electronically: www.regulations.gov. Follow the instructions for
submitting comments on Docket No. FWS-R6-ES-2014-0048.
U.S. Mail: Public Comments Processing, Attn: FWS-R6-ES-2014-0048;
Division of Policy and Directives Management; U.S. Fish and Wildlife
Service; MS: BPHC; 5275 Leesburg Pike; Falls Church, VA 22041-3803.
In-Person Drop-off, Viewing, or Pickup: Written comments will also
be accepted at the public meetings (see DATES).
We request that you send comments only by the methods described
above. We will post all comments on http://www.regulations.gov. This
generally means that we will post any personal information you provide
us (see the Public Availability of Comments section below for more
information).
FOR FURTHER INFORMATION CONTACT: Eliza Hines, Acting Field Supervisor,
by phone at (308) 382-6468, and by U.S. mail at U.S. Fish and Wildlife
Service, 9325 South Alda Road, Wood River, NE 68883. Individuals who
are hearing or speech impaired may call the Federal Relay Service at
(800) 877-8337 for TTY assistance.
Reasonable Accommodations: Persons needing reasonable
accommodations to attend and participate in the public meetings should
contact Eliza Hines. To allow sufficient time to accommodate requests,
please call no later than one week before the meeting. Information
regarding the proposed action is available in alternative formats upon
request.
SUPPLEMENTARY INFORMATION: We intend to prepare a DEIS under NEPA (42
U.S.C. 4321 et seq.) to consider potential impacts on the human
environment from the proposed issuance of an incidental take permit
(permit) and required implementation of a Habitat Conservation Plan
(HCP). The Nebraska Public Power District (NPPD) is proposing to apply
for the permit for take of the American burying beetle (Nicrophorous
americanus) associated with the construction, operation, and
maintenance of the R-Project Transmission Line in north-central
Nebraska. The American burying beetle is federally listed as an
endangered species.
The NPPD is preparing a draft HCP as part of its application for
the permit. The HCP must include measures to avoid, minimize, and
mitigate the impacts of the take of covered species within the plan
area during project construction, operation, and maintenance
activities. We provide this notice to (1) describe the proposed action;
(2) advise other Federal and State agencies, potentially affected
tribes, and the public of our intent to prepare an DEIS; (3) announce
the initiation of a 60-day public scoping period; and (4) obtain
suggestions and information on the scope of issues and possible
alternatives to be included in the DEIS. The intended effect of this
notice is to gather information from the public for consideration when
developing alternatives to the proposed action that will avoid,
minimize, and mitigate the effects of incidental take to the maximum
extent practicable and to address other potential impacts to the human
environment.
Background
Section 9 of the Endangered Species Act of 1973, as amended (16
U.S.C. 1531 et seq.; ESA), and its implementing regulations (50 CFR
part 17), prohibit ``take'' of threatened and endangered fish or
wildlife species. Take is defined under the ESA as to harass, harm,
pursue, hunt, shoot, wound, kill, trap, capture, collect, or to attempt
to engage in any such conduct (16 U.S.C. 1532(19)). We further define
``harm'' as an act, including significant habitat modification or
degradation, that actually kills or injures wildlife by significantly
impairing essential behavioral patterns, including breeding, feeding,
or sheltering (50 CFR 17.3). We further define ``harass'' as an
intentional or negligent act or omission which creates the likelihood
of injury to wildlife by annoying it to such an extent as to
significantly disrupt behavioral patterns such as breeding, feeding,
and sheltering.
Under certain circumstances, we may issue permits to take listed
species if such taking is incidental to, and not the purpose of,
otherwise lawful activities. Regulations governing permits for
threatened or endangered species incidental take are found at 50 CFR
17.32 and 50 CFR 17.22, respectively.
NEPA requires that Federal agencies conduct an environmental
analysis of their proposed actions to determine if the actions may
significantly affect the human environment. Under NEPA, a reasonable
range of alternatives to a proposed project is developed and considered
in the Service's environmental review. Alternatives considered for
analysis in a DEIS for an HCP may include, but are not limited to:
Variations in the scope of covered activities; variations in the
location, amount, and type of conservation activities; variations in
permit duration; or a combination of these elements.
Proposed Action
The proposed Federal action is our issuance of a permit to NPPD
that would authorize a specified amount and type of incidental take of
American burying beetles during construction, operation, and
maintenance of a 220-mile, 345-kilovolt (kV) transmission line and
substations in the Sandhills of north-central Nebraska. The purpose of
the R-Project is to enhance reliability of NPPD's electric transmission
system, relieve congestion from existing lines within the transmission
system, and provide additional opportunities for development of
renewable energy projects. The proposed construction, operation, and
maintenance of the NPPD R-Project may affect the American burying
beetle directly, and possibly indirectly, through habitat fragmentation
and temporary and permanent loss of habitat as a result of ground
disturbance and soil compaction. As required for application for the
permit, NPPD is developing a
[[Page 64621]]
HCP that will outline actions to avoid, minimize, and mitigate
potential impacts to the American burying beetle. In coordination with
NPPD, we will determine the duration of the HCP and permit, which would
depend on the anticipated life of the project, time needed to realize
benefits of the HCP's conservation measures, and the timeframe in which
adverse effects to American burying beetles can be reliably predicted.
Proposed American burying beetle conservation measures that may be
considered for the HCP to adopt include: (1) Adjustment in timing of
certain construction activities to avoid American burying beetle active
periods; (2) avoidance of high-quality habitat areas; (3) reduction in
habitat disturbance by prioritizing use of existing disturbed areas for
laydown and structure placement; (4) reduction in direct disturbance by
modifying construction techniques; (5) reclamation of temporarily
disturbed areas; (6) compensation for habitat loss; and (7) removal of
carrion. The HCP will also include monitoring and adaptive management
features. Monitoring would help determine compliance with and
effectiveness of the HCP; validate assumptions, information, and models
used to develop the HCP; and provide information to support revisions,
if necessary, to the conservation measures over the life of the HCP.
Public Scoping
The primary purpose of the scoping process is for the public to
assist the Service in developing a DEIS for the proposed permit action
by identifying important issues and alternatives related to NPPD's
proposed project, to provide the public with a general understanding of
the background of the proposed HCP and activities it would cover, and
an overview of the NEPA process. To ensure that we identify a range of
issues and alternatives related to the proposed permit action, we
invite comments and suggestions from all interested parties.
The scoping meetings will consist of an open house format from 4
p.m. to 7 p.m. about the proposed action and NEPA process. The open
house format will provide interested members of the public an
opportunity to learn about the proposed action, permit area, and the
covered species. We will accept oral and written comments throughout
the public meeting. A court reporter and an interpreter will be present
if deemed necessary. You may also submit your comments and materials by
one of the methods listed in the ADDRESSES section.
Public Comments
We request data, comments, new information, or suggestions from the
public, other concerned governmental agencies; the scientific
community; tribes; industry; or any other interested party on this
notice. We and NPPD will consider these comments in developing the DEIS
and the draft HCP related to the proposed project. We particularly seek
comments on the following:
1. The direct, indirect, and cumulative effects that implementation
of any reasonable alternative to the proposed project could have on
endangered or threatened species and other unlisted species, including
migratory birds and their habitats;
2. Other reasonable alternatives to the proposed project and permit
issuance that should be considered;
3. Relevant biological data and additional information concerning
the American burying beetle;
4. Current or planned activities in the subject area and their
possible impacts on the American burying beetle;
5. The presence of archaeological sites, buildings and structures,
historic sites, sacred and traditional areas, and other historic
preservation concerns;
6. The scope of covered activities, including potential avoidance,
minimization, and mitigation measures for incidental take of the
American burying beetle;
7. Appropriate monitoring and adaptive management provisions that
should be included in the HCP; and
8. Identification of any other environmental issues that should be
considered regarding the proposed project and permit action.
Public Availability of Comments
Comments and materials we receive in response to this notice and at
the public meeting, as well as supporting documentation we use in
preparing the DEIS, will become part of the public record and will be
available for public inspection at www.regulations.gov (see ADDRESSES).
Before including your address, phone number, email address, or other
personal identifying information in your comments, you should be aware
that your entire comment--including your personal identifying
information--may be made publicly available at any time. 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.
Environmental Review and Next Steps
The DEIS will include analyses of potential impacts on the American
burying beetle from the HCP and the permit and from each identified
alternative to the action. The DEIS will provide biological
descriptions of affected species and habitats, as well as the effects
of the alternatives on other resources, such as vegetation, wetlands,
wildlife, geology and soils, air quality, water resources, water
quality, cultural resources, land use, recreation, water use, the local
economy, and environmental justice. Following completion of the
environmental review, we will publish a notice of availability and
request for public comments on the DEIS, NPPD's permit application, and
the draft HCP. The DEIS and draft HCP are expected to be completed and
available for the public review during the first three months of the
2016 calendar year.
Authority
Our environmental review of this project will be conducted in
accordance with the requirements of NEPA (42 U.S.C. 4321 et seq.),
Council of Environmental Quality regulations (40 CFR parts 1500-1508),
other applicable Federal laws and regulations, and the Service's
applicable policies and procedures. This notice is being furnished in
accordance with 40 CFR 1501.7 of the NEPA regulations to obtain
suggestions and information from other agencies and the public on the
scope of issues and alternatives to be addressed in the DEIS.
Dated: October 8, 2014.
Nicole Alt,
Acting Assistant Regional Director--Ecological Services, Mountain-
Prairie Region, Denver, CO.
[FR Doc. 2014-25796 Filed 10-29-14; 8:45 am]
BILLING CODE 4310-55-P