[Federal Register Volume 81, Number 83 (Friday, April 29, 2016)]
[Notices]
[Pages 25688-25690]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-09783]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R6-MB-2016-N014; FF06M00000-XXX-FRMB48720660090]
Availability of Draft Environmental Impact Statement for Eagle
Take Permits for the Chokecherry and Sierra Madre Phase I Wind Energy
Project
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for public comments;
announcement of public meetings.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service or USFWS),
have prepared a draft Environmental Impact Statement (EIS) under the
National Environmental Policy Act of 1969, as amended (NEPA), in
response to an application from Power Company of Wyoming (PCW) for
eagle take permits (ETPs) pursuant to the Bald and Golden Eagle
Protection Act (BGEPA) and its implementing regulations. PCW has
applied for standard and programmatic ETPs for the Chokecherry and
Sierra Madre (CCSM) Phase I Wind Energy Project in Carbon County,
Wyoming. We announce a public comment period on the draft EIS. 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.
DATES:
Submission of comments: This notice initiates the public comment
period. To ensure consideration, we must receive your electronic or
written comments by June 27, 2016.
Public meetings: We will host public meetings on June 6 and June 7,
2016, where you may discuss issues with Service staff and submit
written comments. The meeting on June 6, 2016, will be held in
Saratoga, Wyoming, between 4:30 and 6:30 p.m. The meeting on June 7,
2016, will be held in Rawlins, Wyoming, between 4:30 and 6:30 p.m.
Additional meeting details will be announced through the Service's Web
site at 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 prior to the meeting.
ADDRESSES:
Submission of comments: 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 for ``Draft
EIS for Phase I 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, Attention: Louise Galiher, P.O. Box 25486 DFC, Denver,
CO 80225.
Hand-Delivery/Courier: Chokecherry-Sierra Madre EIS, U.S.
Fish and Wildlife Service Mountain-Prairie Region, Attention: Louise
Galiher, 134 Union Blvd., Lakewood, CO 80228.
For information on how to view comments on the EIS from the
Environmental Protection Agency (EPA), or for information on EPA's role
in the EIS process, see EPA's Role in the EIS Process under
SUPPLEMENTARY INFORMATION.
Public meetings: The meeting on June 6, 2016, will be held at the
Platte Valley Community Center, 210 West Elm Street, Saratoga, Wyoming.
The meeting on June 7, 2016, will be held at the Jeffrey Center, 315
West Pine Street, Rawlins, Wyoming.
FOR FURTHER INFORMATION CONTACT: Louise Galiher, 303-236-8677 (phone);
louise_galiher@fws.gov (email); or Clint Riley, 303-236-5231 (phone);
clint_riley@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:
Availability of Documents
Copies of the draft EIS, as well as the permit application and the
supporting Eagle Conservation Plan (ECP), are available for review at
the Carbon County Library System at 215 West Buffalo Street, Rawlins,
Wyoming; the Saratoga Public Library at 503 West Elm Street, Saratoga,
Wyoming; USFWS Wyoming Ecological Services Office at 5353 Yellowstone
Rd, Suite 308A, Cheyenne, Wyoming (contact Nathan Darnall to coordinate
access at nathan_darnall@fws.gov or 307-772-2374 ext 246); and USFWS
Region 6 Office at 134 South Union Boulevard, Lakewood, Colorado
(contact Louise Galiher to coordinate access at louise_galiher@fws.gov
or 303-236-8677). Individuals wishing to obtain copies of the draft
EIS, permit application, and ECP should contact the Service by
telephone (see FOR FURTHER INFORMATION CONTACT) or letter (see
ADDRESSES). These documents are also available on the Service's Web
site at: http://www.fws.gov/mountain-prairie/wind/ChokecherrySierraMadre/index.html.
Public Coordination
The notice of intent to prepare an EIS for this project was
published in the Federal Register on December 4, 2013
[[Page 25689]]
(78 FR 72926). Two public scoping meetings for the USFWS EIS were held
on December 16 and 17, 2013, in conjunction with the Bureau of Land
Management's (BLM's) scoping meetings for an Environmental Assessment
(EA) of the Phase I CCSM Project.
In addition to this notice of availability of the draft EIS that
the Service is publishing, EPA is publishing a notice announcing the
draft EIS, as required under section 309 of the Clean Air Act (42
U.S.C. 7401 et seq.). The publication of EPA's notice is the official
start of the minimum requirement for a 45-day public comment period for
an EIS (see EPA's Role in the EIS Process).
Background Information
A. Migratory Birds and Eagle Protections. Raptors and most 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 as required by NEPA
or other established environmental review processes.
Bald eagles and golden eagles are provided further protection under
BGEPA, which prohibits anyone, without a permit issued by the Secretary
of the Interior, from ``taking'' eagles, including their parts, nests,
or eggs. An ETP 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 that is otherwise a lawful activity. Regulations governing
permits for bald and golden eagles can be found in the Code of Federal
Regulations at 50 CFR 22.26.
ETPs authorize 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 associated with, but not
the purpose of, an otherwise lawful activity; and where take is
unavoidable even though advanced conservation practices are being
implemented. The Service will issue permits for such take only after an
applicant has committed to undertake all practicable measures to avoid
and minimize such take and mitigate anticipated take to the maximum
extent achievable to be compatible with the preservation of eagles.
Standard ETPs authorize eagle take in an identifiable timeframe and
location. Programmatic ETPs authorize eagle take that is recurring and
not within a specific, identifiable timeframe and/or location.
Programmatic ETPs may be issued for a period of up to 5 years.
B. Power Company of Wyoming Application. As proposed by PCW, the
Phase I CCSM Project will 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. PCW has applied for a standard ETP
for disturbance related to construction of CCSM Phase I wind turbines
and infrastructure components, and a programmatic ETP for operation of
the CCSM Phase I Project.
The applicant has prepared an ECP identifying measures it intends
to undertake to avoid, minimize, and compensate for potential impacts
to bald and golden eagles. To help meet requirements of the Migratory
Bird Treaty Act, the applicant has also prepared an avian protection
plan containing measures the applicant proposes to implement to avoid
or minimize impacts of the Project on other migratory birds. The
Service has considered the information presented in the ECP and avian
protection plans in our analysis of environmental impacts in the draft
EIS.
C. BLM's NEPA Review. The CCSM Phase I Project would be situated in
an area of alternating sections of private, State, and Federal lands
administered by BLM. In 2012, BLM completed a final EIS (FEIS) to
evaluate whether the Project area would be acceptable for development
of a wind facility in a manner compatible with applicable Federal laws.
On October 9, 2012, BLM published a Record of Decision (ROD)
determining that the portions of the area for which PCW seeks right-of-
way grants ``are suitable for wind energy development and associated
facilities.'' As explained in the ROD, 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).
PCW has since submitted to BLM site-specific plans of development
from which BLM is developing site-specific tiered EAs. In 2014, BLM
published a final EA 1, which analyzes major components of project
infrastructure, including the haul road, rail facility, and rock
quarry. EA 2 is currently under development by BLM, and analyzes the
wind turbines and pads, access roads, laydown areas, electrical and
communication lines, and a construction camp.
The Service has incorporated by reference information from the BLM
FEIS, ROD, EA1, and EA2 into our environmental analysis in the draft
EIS 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).
Alternatives
In the draft EIS, the Service identified and analyzed the Proposed
Action Alternative, the Proposed Action with Different Mitigation, an
alternative to Issue ETPs for Phase I of Sierra Madre Wind Development
Area Only, and the No Action Alternative.
Alternative 1: Proposed Action. Alternative 1 is for the Service to
issue ETPs for the construction of the Phase I wind turbines and
infrastructure components and for the operation of the Phase I CCSM
Project, based on the ETP applications submitted by PCW. The Proposed
Action includes avoidance and minimization measures, best management
practices, and compensatory mitigation described in detail in the draft
EIS and in PCW's application and ECP. PCW has proposed to retrofit
high-risk power poles as compensatory mitigation, thereby reducing
eagle mortality from electrocution.
Alternative 2: Proposed Action with Different Mitigation. Under
Alternative 2, the Service would issue ETPs for the construction and
operation of the Phase I CCSM Project as under Alternative 1, but would
require PCW to implement a different form of compensatory mitigation
than proposed in its ETP applications. We are considering mitigation of
older wind facilities, lead abatement, carcass removal, carcass
avoidance, wind conservation easements, habitat enhancement (focusing
on prey habitat), and rehabilitation of injured eagles as possible
alternative forms of compensatory mitigation.
Alternative 3: Issue ETPs for Phase I of Sierra Madre Wind
Development Area Only. The Service received numerous comments during
the scoping process requesting that we examine a different development
scenario from that proposed by PCW. However, to issue an ETP, we must
analyze a specific project and ECP to determine if
[[Page 25690]]
it meets the requirements for an ETP. Alternative 3 represents an
example of a different development scenario PCW could present in a new
application if the Service were to determine that the Phase I CCSM
Project would meet all the criteria for issuing an ETP, but not at the
scale proposed. Alternative 3 is for the Service to issue ETPs for the
construction of Phase I infrastructure and the construction and
operation of wind turbines only in the Sierra Madre Wind Development
Area (WDA) (298 turbines total). The alternative includes avoidance and
minimization measures, best management practices, and compensatory
mitigation described in PCW's application as they apply to the Sierra
Madre WDA.
Alternative 4: No Action. Under Alternative 4, the Service would
deny PCW standard and programmatic ETPs for construction and operation
of the Phase I CCSM Project. In addition to being a potential outcome
of the permit review process, analysis of the No Action alternative is
required by CEQ regulation (40 CFR 1502.14) and provides a baseline
against which to compare the environmental impacts of the Proposed
Action and other reasonable alternatives. ETPs are not required in
order for PCW to construct and operate the project; therefore, if we
deny the ETPs, PCW may choose to construct and operate the Phase I CCSM
Project without ETPs and without adhering to an ECP. Alternative 4
analyzes both a ``No Build'' scenario and a ``Build Without ETPs''
scenario.
National Environmental Policy Act Compliance
Our decision whether to issue standard and programmatic ETPs to PCW
triggers compliance with NEPA, which requires the Service to analyze
the direct, indirect, and cumulative impacts of the CCSM Phase I
project before we make our decision, and to make our analysis available
to the public. We have prepared the draft EIS to inform the public of
our proposed permit action, alternatives to that action, the
environmental impacts of the alternatives, and measures to minimize
adverse environmental effects.
EPA's Role in the EIS Process
The EPA is charged under section 309 of the Clean Air Act to review
all Federal agencies' EISs and to comment on the adequacy and the
acceptability of the environmental impacts of proposed actions in the
EISs.
EPA also serves as the repository (EIS database) for EISs prepared
by Federal agencies and provides notice of their availability in the
Federal Register. The EIS database provides information about EISs
prepared by Federal agencies, as well as EPA's comments concerning the
EISs. All EISs are filed with EPA, which publishes a notice of
availability on Fridays in the Federal Register.
For more information, see http://www.epa.gov/compliance/nepa/eisdata.html. You may search for EPA comments on EISs, along with EISs
themselves, at https://cdxnodengn.epa.gov/cdx-enepa-public/action/eis/search.
Public Comment Procedures
In accordance with CEQ's regulations for implementing NEPA and
DOI's NEPA regulations, the Service requests public comments on the
draft EIS. Timely comments will be considered by the Service in
preparing the final EIS.
Written comments, including email comments, should be sent to the
Service at one of the addresses given in the ADDRESSES section of this
notice. Comments should be specific and pertain only to 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.
Public Availability of Submissions
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--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.
Comments and materials received will be available for public
inspection, by appointment, during normal business hours at the office
where the comments are being submitted.
Authorities
This notice is published in accordance with the National
Environmental Policy Act of 1969; the CEQ's regulations for
implementing NEPA, 40 CFR parts 1500 through 1508; and the Department
of the Interior's NEPA regulations, 43 CFR part 45.
Matt Hogan,
Regional Director, Mountain-Prairie Region.
[FR Doc. 2016-09783 Filed 4-28-16; 8:45 am]
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