[Federal Register Volume 84, Number 50 (Thursday, March 14, 2019)]
[Notices]
[Pages 9371-9373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04761]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R2-ES-2019-N169; FXES11140200000-190-FF02ENEH00]
Notice of Availability: Draft Amendments to the Environmental
Assessment and Oil and Gas Industry Conservation Plan for the American
Burying Beetle in Oklahoma
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability of documents; request for public
comment.
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SUMMARY: We, the U.S. Fish and Wildlife Service, announce the
availability of an amended environmental assessment, under the National
Environmental Policy Act, that evaluates the impacts of a 5-year
extension of the Oil and Gas Industry Conservation Plan (ICP) for
incidental take of the federally listed American burying beetle
resulting from oil and gas industry activities. The ICP Planning Area
consists of 45 counties in Oklahoma. Individual oil and gas companies
would continue to apply for Endangered Species Act permits for
incidental take and agree to comply with the terms and conditions of
the ICP.
DATES: Comments: To ensure consideration, written comments must be
received or postmarked on or before April 15, 2019. Any comments we
receive after the closing date or not postmarked by the closing date
may not be considered in the final decision on this action.
ADDRESSES: Obtaining Documents:
Internet: You may obtain copies of the draft amendments to
the environmental assessment (EA) and Industry Conservation Plan (ICP)
on the U.S. Fish and Wildlife Service's (Service) website at
www.fws.gov/southwest/es/oklahoma/ABBICP.
U.S. Mail: A limited number of CD-ROM and printed copies
of the draft amendments to the EA and ICP are available, by request,
from the Field Supervisor, by mail at the Oklahoma Ecological Services
Field Office, 9014 E 21st St., Tulsa, OK 74129; by phone at 918-581-
7458; or by fax at 918-581-7467. Please note that your request is in
reference to the ABB ICP.
In-Person: Copies of the draft amendments to the EA and
ICP are also available for public inspection and review at the
following locations, by appointment and written request only, 8 a.m. to
4:30 p.m.:
[[Page 9372]]
[cir] U.S. Fish and Wildlife Service, 500 Gold Avenue SW, Room
6034, Albuquerque, NM 87102.
[cir] U.S. Fish and Wildlife Service, 9014 E 21st St., Tulsa, OK
74129.
Comment submission: You may submit comments by one of the following
methods. Please note that your comments are in reference to the ABB
ICP.
[cir] U.S. Mail: U.S. Fish and Wildlife Service, Oklahoma
Ecological Services Field Office, 9014 E 21st St., Tulsa, OK 74129; by
phone at 918-581-7458; or by fax at 918-581-7467.
[cir] Electronically: fw2_hcp_permits@fws.gov.
FOR FURTHER INFORMATION CONTACT: Jonna Polk, Field Supervisor, 918-581-
7458 (phone).
SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service,
announce the availability of an amended environmental assessment, under
the National Environmental Policy Act, that evaluates the impacts of a
5-year extension of the Oil and Gas Industry Conservation Plan (ICP)
for incidental take of the federally listed American burying beetle
(ABB) resulting from oil and gas industry activities. Individual oil
and gas companies would continue to apply for Endangered Species Act
permits for incidental take and agree to comply with the terms and
conditions of the ICP.
Under the National Environmental Policy Act of 1969 (NEPA; 42
U.S.C. 4321 et seq.), this notice advises the public that we, the
Service, have gathered the information necessary to determine impacts
of the draft amendments to the EA and ICP related to the proposed
issuance of incidental take permits (ITPs) under section 10(a)(1)(B) of
the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et
seq.), to oil and gas companies (applicants) who agree to the
conditions in the ICP. The ICP is a habitat conservation plan (HCP)
that covers take of the ABB that is incidental to covered activities
associated with geophysical exploration (seismic), development,
extraction, or transport of crude oil, natural gas, and/or other
petroleum products, as well as maintenance, operation, repair, and
decommissioning of oil and gas pipelines and well field infrastructure,
and will include measures necessary to minimize and mitigate impacts to
the covered species and its habitat to the maximum extent practicable.
The Service is proposing to amend the Industry Conservation Plan
(ICP) to extend the timeframe for oil and gas companies' (industry)
participation in the ICP and the expiration date of the ICP and permits
by 5 years.
The original ICP allows industry to apply for a permit to
participate for the first 2 years (from the date of approval and
signature--May 20, 2014, through May 20, 2016) and operations and
maintenance for up to an additional 20 years (May 20, 2036). A previous
amendment extended the ICP signup period for 3 years (until May 20,
2019), and this amendment would extend the signup period for an
additional 5 years (until May 20, 2024). Permittees with existing ICP
permits will not be automatically enrolled and must apply for an
amendment to their permit to obtain coverage under the amended ICP. ICP
applications must be received by May 20, 2024, but may be approved
after that date. Applications for Individual Project Plans (IPP), under
an approved ICP, must be received by May 20, 2027. All construction
related to approved IPPs must be completed by May 20, 2030. Operation
and maintenance activities are authorized until the permit expires on
May 20, 2039. Therefore, incidental take issued under this ICP may
occur for a maximum of 25 years following the original ICP
authorization on May 20, 2014. All incidental take coverage provided by
the ICP will end when the permit expires on May 20, 2039, regardless of
when the ICP or IPP applications were approved. Providing date-certain
limits for each period will reduce confusion and simplify tracking for
both permittees and the Service.
The Service has assessed the potential impacts of the 5-year
extension for the ICP and reviewed the associated environmental
assessment (EA) and biological opinion (BO) for industry-related
activities within the eastern Oklahoma planning area. The estimates of
potential impacts from industry activities for the ICP were based on
recent history of development and industry predictions. Industry
activity and impacts have been less than expected due to reduced
petroleum prices and market conditions. Therefore, the amount of take
issued under the ICP has been significantly lower than anticipated
(32,234 acres allowed, with only about 5,255 acres issued as of
December 19, 2018). The current ICP is only open for new applications
through May 20, 2019, and incidental take authorized through the ICP is
unlikely to approach the 32,234 acres allowed by that date.
The change in timelines is the only proposed revision to the ICP,
EA, and BO. There are no proposed changes to the federally listed
species or area covered, and no increases in the total amount of
incidental take provided through this ICP amendment. The ABB is the
only species with incidental take in the ICP. Extending the same level
of take over additional years should reduce potential impacts to local
habitat and ABB populations. Much of the oil and gas related impacts
are temporary and can be restored within 2-5 years. Spreading the soil
disturbance impacts out to 2030 would allow temporary soil disturbance
initiated in the first few years to be partially or fully restored
before impacts from later projects have begun. The ABB is an annual
species, and reducing take in any year should allow more adult beetles
to survive into the next year. Incidental take authorized through the
extension would not be increased, is a very small percentage of the
total ABB habitat, and would not change the BO determination that the
take would not jeopardize the continued existence of the ABB. The ICP
Planning Area covers the following 45 Oklahoma counties: Adair, Atoka,
Bryan, Carter, Cherokee, Choctaw, Cleveland, Coal, Craig, Creek,
Delaware, Garvin, Haskell, Hughes, Johnson, Kay, Latimer, Le Flore,
Lincoln, Love, Marshall, Mayes, McClain, McCurtain, McIntosh, Murray,
Muskogee, Noble, Nowata, Okfuskee, Okmulgee, Osage, Ottawa, Pawnee,
Payne, Pittsburg, Pontotoc, Pottawatomie, Pushmataha, Rogers, Seminole,
Sequoyah, Tulsa, Wagoner, and Washington.
Background
Potential impacts as a result of the extension are not expected to
increase beyond those already identified in the EA. Environmental
consequences were reviewed for the ICP extension, and potential impacts
to the following resources were evaluated: Geology, Soils, Water
Resources, Water Quality, Air Quality, Vegetation, Wetlands, General
Wildlife, Threatened and Endangered Species, Land Use, Aesthetics and
Noise, Socioeconomics, Environmental Justice, Tribal Jurisdiction, and
Cultural Resources. Minor benefits to Water Resources, Water Quality,
Air Quality, Vegetation, Wetlands, General Wildlife, Threatened and
Endangered Species, Land Use, and Aesthetics and Noise could occur,
because any impacts of oil and gas construction activity would be
spread out over more years. Local impacts of project-related soil
disturbance, such as removal of vegetation, erosion, and dust, may be
reduced, and some recovery of natural resources could be expected if
spread out over additional years.
The ICP extension is not expected to significantly affect oil and
gas activity,
[[Page 9373]]
but would help support industry activity by streamlining ESA
compliance, while continuing conservation efforts for the ABB. The 5-
year ICP extension is expected to trigger no new environmental
consequences; no new impacts to local economies or cultural resources;
and no changes to direct, indirect, and cumulative effects. The ICP
extension would not authorize any additional activities or incidental
take. The same types and quantities of activities previously described
in the EA are expected to occur with the 5-year extension. Based on the
proposed amendment, construction-related impacts could occur until May
20, 2030, instead of only during the original 2-year timeframe, and
operation and maintenance-related impacts could occur until May 20,
2039.
Public Availability of Comments
Written comments we receive become part of the public record
associated with this action. 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 request in your comment that we withhold
your personal identifying information from public review, we cannot
guarantee that we will be able to do so. We will not consider anonymous
comments. All submissions from organizations or businesses, and from
individuals identifying themselves as representatives or officials of
organizations or businesses, will be made available for public
disclosure in their entirety.
Authority
We provide this notice under section 10(c) of the ESA (16 U.S.C.
1531 et seq.) and its implementing regulations (50 CFR 17.22) and NEPA
(42 U.S.C. 4321 et seq.) and its implementing regulations (40 CFR
1506.6).
Dated: February 5, 2019.
Amy Lueders,
Regional Director, Southwest Region, Albuquerque, New Mexico.
[FR Doc. 2019-04761 Filed 3-13-19; 8:45 am]
BILLING CODE 4333-15-P