[Federal Register Volume 84, Number 204 (Tuesday, October 22, 2019)]
[Notices]
[Pages 56469-56471]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23022]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R2-ES-2019-N137; FXES11140200000-201-FF02ENEH00]
Draft Environmental Assessment for an Application for an
Incidental Take Permit; Diamond Spring Wind Project Habitat
Conservation Plan for the Endangered American Burying Beetle in
Pontotoc and Johnston Counties, Oklahoma
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for comments.
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SUMMARY: We, the U.S. Fish and Wildlife Service, have received an
application from Diamond Spring Wind, LLC for an ITP pursuant to the
Endangered Species Act. The application includes habitat conservation
plan (HCP) for the American burying beetle (ABB) in Pontotoc and
Johnston Counties, Oklahoma. The HCP and associated incidental take
permit (ITP) would authorize incidental take resulting from activities
covered by the HCP (e.g., construction, infrastructure, maintenance and
habitat restoration). We also announce the availability of a draft
environmental assessment (dEA) that has been prepared to evaluate the
ITP application in accordance with the requirements of the National
Environmental Policy Act. We are making the permit application package,
including the HCP and dEA, available for public review and comment.
DATES: Submission of Comments: We will accept comments received or
postmarked on or before November 21, 2019.
ADDRESSES: Obtaining documents: The documents this notice announces, as
well as any comments and other materials that we receive, are available
for public inspection by any of the following means.
[[Page 56470]]
Internet: You may obtain electronic copies of the dEA and
HCP on the Service's website at http://www.fws.gov/southwest/es/oklahoma/.
In-Person: Copies of the DEA and HCP are available for
public inspection and review, by appointment (telephone 918-581-7458)
and written request only, between the hours of 8 a.m. to 4:30 p.m. at
the following locations:
[rtarr8] U.S. Fish and Wildlife Service, 500 Gold Avenue SW, Room
6034, Albuquerque, NM 87103
[rtarr8] U.S. Fish and Wildlife Service, 9014 East 21st Street,
Tulsa, OK 74129.
Submitting comments: You may submit written comments by one of the
following methods:
Email: okes_nepa@fws.gov; or
Facsimile: 918-581-7467, Attn: OKES Diamond Spring Wind
HCP EA.
U.S. mail: Field Supervisor, Oklahoma Ecological Services
Field Office (at the Tulsa street address above).
Please specify that your information request or comments concern
the Diamond Spring Wind EA/HCP.
FOR FURTHER INFORMATION CONTACT: Jonna Polk, by U.S. mail at the U.S.
Fish and Wildlife Service, Oklahoma Ecological Services Field Office
(at the Tulsa street address above), or by phone at 918-581-7458. If
you use a telecommunications device for the deaf (TDD), please call the
Federal Information Relay Service at 800-877-8339.
SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service
(Service), have received an application from Diamond Spring Wind, LLC
for an incidental take permit (ITP) pursuant to section 10(c) of the
Endangered Species Act, as amended (ESA; 16 U.S.C. 1539(c)). The
application includes a habitat conservation plan (HCP) for the American
burying beetle (ABB) in Pontotoc and Johnston Counties, Oklahoma.
Diamond Spring Wind, LLC is developing the Diamond Spring Wind project
in Pontotoc and Johnston Counties, Oklahoma. The ITP would authorize
incidental take of ABB resulting from activities associated with
construction of approximately 137 wind turbines (i.e., 112 primary and
25 alternate turbine locations); associated infrastructure facilities,
including roads, underground collector lines, meteorological towers, a
substation, a 345-kV transmission line, crane paths, and/or
maintenance; and habitat restoration activities. We also announce the
availability of a draft environmental assessment (dEA) that has been
prepared to evaluate the permit application in accordance with the
requirements of the National Environmental Policy Act, as amended
(NEPA; 42 U.S.C. 4321 et seq.), and its implementing regulations (40
CFR 1501.7, 1506.6, and 1508.22). We are making the ITP application
package, including the HCP and dEA, available for public review and
comment.
Background
Section 9 of the ESA prohibits ``take'' of fish and wildlife
species listed as endangered or threatened (16 U.S.C. 1531-1544). Under
section 3 of the ESA, the term ``take'' means to harass, harm, pursue,
hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to
engage in any such conduct (16 U.S.C. 1532(19)). The term ``harm'' is
further defined by regulation as an act which actually kills or injures
wildlife. Such acts may include significant habitat modification or
degradation where it actually kills or injures wildlife by
significantly impairing essential behavioral patterns, including
breeding, feeding, or sheltering (50 CFR 17.3).
Under section 10(a)(1)(B) of the ESA, the Secretary of the Interior
may authorize the taking of federally listed species if such taking
occurs incidental to otherwise legal activities and where a
conservation plan has been developed under ESA section 10(a)(2)(A) that
describes (1) the impact that will likely result from such taking; (2)
the steps an applicant will take to minimize and mitigate that take to
the maximum extent practicable, and the funding that will be available
to implement such steps; (3) the alternative actions to such taking
that an applicant considered and the reasons why such alternatives are
not being utilized; and (4) other measures that the Service may require
as being necessary or appropriate for the purposes of the plan.
Issuance criteria under section 10(a)(2)(B) for an incidental take
permit requires the Service to find that (1) the taking will be
incidental to otherwise lawful activities; (2) an applicant will, to
the maximum extent practicable, minimize and mitigate the impacts of
such taking; (3) an applicant has ensured that adequate funding for the
plan will be provided; (4) the taking will not appreciably reduce the
likelihood of the survival and recovery of the species in the wild; and
(5) the measures, if any, we require as necessary or appropriate for
the purposes of the plan will be met. Regulations governing permits for
endangered and threatened species are at 50 CFR 17.22 and 17.32,
respectively.
Proposed Action
The proposed action is the issuance of a 5-year ITP to authorize
incidental take of ABB resulting from activities covered by the HCP and
associated with construction of the proposed Diamond Spring Wind
project in Johnston and Pontotoc Counties, Oklahoma. The plan area is
930.4 acres (ac), of which 568.74 ac are considered favorable ABB
habitat and 361.67 ac are considered unfavorable ABB habitat.
The proposed HCP, which must meet the requirements in section
10(a)(2)(A) of the ESA, was developed in coordination with the Service
and would be implemented by Diamond Spring Wind, LLC. The proposed
action will allow for Diamond Spring Wind, LLC to comply with the ESA,
and their renewable wind-generated energy would be made available to
public utilities. Covered activities in the HCP include construction of
approximately 137 wind turbines (including 112 primary and 25 alternate
turbine locations); associated infrastructure facilities, including
roads, underground collector lines, meteorological towers, a
substation, a 345-kV transmission line, an operation and maintenance
building, and construction areas; and habitat restoration activities.
The applicant proposes to minimize and mitigate impacts to ABB through
conservation measures identified in the HCP, as well as through the
purchase of 177.92 credits (ac) at a Service-approved conservation bank
with a service territory that includes the plan area, or through the
undertaking of other measures approved by the Service consistent with
existing mitigation policies.
Alternatives
We considered one alternative to the proposed action as part of the
environmental assessment process: The no-action alternative. The no-
action alternative represents estimated future conditions without the
application for, or issuance of, an ITP. No-action represents the
status quo.
Under the no-action alternative, Diamond Spring Wind, LLC would
comply with the ESA by avoiding impacts (take) to the ABB where
practicable. If take could not be avoided and there is Federal
involvement in the project (for example, a Federal permit such as a
Corps of Engineers section 404 Clean Water Act permit, authorization,
or funding exists), Diamond Spring Wind, LLC could receive take
coverage through a biological opinion issued by the Service to the
Federal action agency. If there is no Federal involvement in the
project, Diamond Spring Wind, LLC could apply for an ITP from the
Service.
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Next Steps
We will evaluate the permit application, associated documents, and
comments we receive to determine whether the permit application meets
the requirements of the ESA, NEPA, and implementing regulations. If we
determine all requirements are met, we will approve the HCP and issue
the ITP under section 10(a)(1)(B) of the ESA to Diamond Spring Wind,
LLC for take of ABB in accordance with the terms of the HCP and
specific terms and conditions of the authorizing permit. We will not
make our final decision until after the end of the 30-day public
comment period, and we will fully consider all comments we receive
during the public comment period.
Public Availability of Comments
Written comments we receive become part of the public record
associated with this action. Requests for copies of comments will be
handled in accordance with the Freedom of Information Act, NEPA, and
Service and Department of the Interior policies and procedures. Before
including your address, phone number, email address, or other personal
identifying information in your comment, you should be aware that the
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. 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 the authority of section 10(c) of the
ESA and its implementing regulations (50 CFR 17.22 and 17.32) and NEPA
(42 U.S.C 4371 et seq.) and its implementing regulations (40 CFR
1506.6).
Dated: October 10, 2019.
Amy Lueders,
Regional Director, Southwest Region.
[FR Doc. 2019-23022 Filed 10-21-19; 8:45 am]
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