[Federal Register Volume 85, Number 40 (Friday, February 28, 2020)]
[Notices]
[Pages 12007-12009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04046]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS-R3-ES-2020-0005; FXES11140300000-201-FF03E00000]
Draft Environmental Assessment and Draft Habitat Conservation
Plan; Receipt of an Application for an Incidental Take Permit, Timber
Road II, III, and IV Wind Farms, Paulding County, Ohio
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 Paulding Wind Farm II, LLC; Paulding Wind Farm III,
LLC; and Paulding Wind Farm IV (collectively, the applicant), for an
incidental take permit (ITP) under the Endangered Species Act of 1973,
as amended, for the Timber Road II, III, and IV Wind Farms project. If
approved, the ITP would authorize the incidental take of the Indiana
bat and the northern long-eared bat for a 30-year term. The applicant
has prepared a draft habitat conservation plan, which is available for
public review. We also announce the availability of a draft
environmental assessment, which has been prepared in accordance with
the requirements of the National Environmental Policy Act. We request
public comment on the application and associated documents.
DATES: We will accept comments received or postmarked on or before
March 30, 2020.
ADDRESSES: Obtaining documents: Electronic copies of the documents this
notice announces will be available online in Docket No. FWS-R3-ES-2020-
0005 at http://www.regulations.gov. Public comments will also be
available online at http://www.regulations.gov.
Paper copies of the documents this notice announces will be
available at the following libraries: Brumback Library, 215 W Main St.,
Van Wert, OH 45891; and Paulding County Carnegie Library, 205 S Main
St., Paulding, OH 45879.
Submitting comments: Please specify whether your comment addresses
the draft habitat conservation plan, draft environmental assessment,
any combination of the aforementioned documents, or other supporting
documents. Please submit written comments by one of the following
methods:
Online: http://www.regulations.gov. Search for and submit
comments on Docket No. FWS-R3-ES-2020-0005.
By hard copy: Submit comments by U.S. mail or hand
delivery to Public Comments Processing, Attn: Docket No. FWS-R3-ES-
2020-0005; U.S. Fish and Wildlife Service; 5275 Leesburg Pike, MS: JAO/
lN; Falls Church, VA 22041-3803.
FOR FURTHER INFORMATION CONTACT: Keith Lott, Wildlife Biologist, or
Patrice Ashfield, Project Leader, via phone at 614-416-8993, via the
Federal Relay Service at 800-877-8339, or via U.S. mail at the U.S.
Fish and Wildlife Service, Ohio Ecological Services Office, 4625 Morse
Road, Suite 104, Columbus, OH 43230.
SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service
(Service), have received an application from Paulding Wind Farm II,
LLC; Paulding Wind Farm III, LLC; and Paulding Wind Farm IV
(collectively, the applicant), for an incidental take permit (ITP)
under the Endangered Species Act (ESA; 16 U.S.C. 1531 et seq.). If
approved, the ITP would be for a 30-year period and would authorize
incidental take of the endangered Indiana bat (Myotis sodalis) and the
threatened northern long-eared bat (Myotis septentrionalis).
The applicant has prepared a draft habitat conservation plan (HCP),
which covers the operation of the Timber Road II, III, and IV Wind
Farms (project). The project consists of a wind-powered electric
generation facility located in an approximately 65,017-acre area in
Paulding County, Ohio. The draft HCP describes the following:
1. Permit duration;
2. Covered lands;
3. Covered species;
4. Project description and covered activities;
5. Environmental baseline and affected species;
6. Impact assessment and take authorization request for Indiana
bats and northern long-eared bats;
7. Conservation plan, which includes the Biological Goals and
Objectives, and measures to avoid, minimize, and mitigate the impact of
the taking;
8. Monitoring and adaptive management;
9. Funding assurances;
10. Alternatives to the taking; and
11. Changed and unforeseen circumstances.
Under the National Environmental Policy Act (NEPA; 43 U.S.C. 4321
et seq.) and the ESA, the Service announces that we have gathered the
information necessary to:
1. Determine the impacts and formulate alternatives for an EA
related to:
a. Issuance of an ITP to the applicant for the take of the Indiana
bat and the northern long-eared bat, and
b. Implementation of the associated HCP; and
2. Evaluate the application for ITP issuance, including the HCP,
which provides measures to minimize and mitigate the effects of the
proposed incidental take of the Indiana bat and the northern long-eared
bat.
Background
The project includes 134 wind turbines, with a total energy-
generating capacity of 325.8 megawatts (MW). The project was
constructed in several phases, during the period 2012-2020. Timber Road
II is an operational facility and consists of 55 turbines with a
generating capacity of 99 MW. Timber Road III is also an operational
facility and consists of 48 turbines with a generating capacity of
100.8 MW. Timber Road IV is anticipated to be operational in 2020;
consisting of 31 turbines, it has a generating capacity of 126 MW. The
need for the proposed action (i.e., issuance of an ITP) is based on the
potential that operation of the project could result in take of Indiana
bats and northern long-eared bats.
The HCP provides a detailed conservation plan to ensure that the
incidental take caused by the operation of the project will not
appreciably reduce the likelihood of the survival and recovery of the
Indiana bat and northern long-eared bat, and includes
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mitigation to fully offset the impact of the taking. Further, the HCP
provides a long-term monitoring and adaptive management strategy to
ensure that the ITP terms are satisfied, and to account for changed and
unforeseen circumstances.
Purpose and Need for Action
In accordance with NEPA, the Service has prepared a DEA to analyze
the impacts to the human environment that would occur if the requested
ITP is issued and the associated HCP is implemented.
Proposed Action
Section 9 of the ESA prohibits the ``taking'' of threatened and
endangered species. However, provided certain criteria are met, the
Service is authorized to issue permits under section 10(a)(1)(B) of the
ESA for take of federally listed species when, among other things, such
a taking is incidental to, and not the purpose of, otherwise lawful
activities. Under the ESA, the term ``take'' means to harass, harm,
pursue, hunt, shoot, wound, kill, trap, capture, or collect endangered
and threatened species, or to attempt to engage in any such conduct.
Our implementing regulations in title 50 of the Code of Federal
Regulations (CFR) define ``harm'' as an act which actually kills or
injures wildlife, and such act may include significant habitat
modification or degradation that results in death or injury to listed
species by significantly impairing essential behavioral patterns,
including breeding, feeding, or sheltering (50 CFR 17.3).
The HCP analyzes, and the ITP would authorize, take from killing of
bats due to the operation of the project. If issued, the ITP would
authorize incidental take consistent with the applicant's HCP and the
ITP. To issue the ITP, the Service must find that the application,
including the associated HCP, satisfies the criteria of section
10(a)(1)(B) of the ESA and the Service's implementing regulations at 50
CFR part 13 and Sec. 17.22. If the ITP is issued, the applicant would
receive assurances under the Service's No Surprises policy, codified at
50 CFR 17.22(b)(5).
The applicant proposes to operate a maximum of 134 wind turbines
and associated facilities for a period of 30 years in Paulding County,
Ohio. The project consists of wind turbines, associated gravel pads and
access roads, underground and above-ground electrical collection
circuits, three substations, four permanent un-guyed meteorological
towers, and an operations and maintenance facility.
The draft HCP describes the impacts of take associated with the
operation of the project and includes measures to avoid, minimize,
mitigate, and monitor the impacts of incidental take on the Indiana bat
and the northern long-eared bat. The applicant will mitigate for take
and associated impacts through one or more methods, including
restoration, if necessary, and permanent protection of documented
maternity colony habitat and/or swarming habitat, and/or gating of a
hibernaculum. Habitat mitigation, including any restored habitat, will
occur on private land and be permanently protected by a conservation
easement, fee simple acquisition with deed restrictions, or another
site protection instrument that provides an equivalent level of
protection, and will be approved by the Service. Chapter 5 of the HCP
describes the avoidance, minimization measures, and compensatory
mitigation that will limit and mitigate for the take of Indiana bats
and northern long-eared bats. This chapter also includes the monitoring
and adaptive management plans to ensure that the level of take stays
within permitted levels and mitigation sites are maintained as suitable
habitat for the Indiana bat and northern long-eared bat.
The Service is soliciting information regarding the adequacy of the
HCP to avoid, minimize, mitigate, and monitor the proposed incidental
take of the covered species and to provide for adaptive management. In
compliance with section 10(c) of the ESA (16 U.S.C. 1539(c)), the
Service is making the ITP application materials available for public
review and comment as described above.
We invite comments and suggestions from all interested parties on
the draft documents associated with the ITP application (HCP and HCP
appendices), and request that comments be as specific as possible. In
particular, we request information and comments on the following
topics:
1. Whether adaptive management, mitigation, and monitoring
provisions in the proposed action alternative are sufficient;
2. Any threats to the Indiana bat and the northern long-eared bat
that may influence their populations over the life of the ITP that are
not addressed in the draft HCP or DEA;
3. Any new information on white-nose syndrome effects on the
Indiana bat and the northern long-eared bat; and
4. Any other information pertinent to evaluating the effects of the
proposed action on the Indiana bat and the northern long-eared bat.
Alternatives in the Draft Environmental Assessment
The DEA contains an analysis of four alternatives:
1. No Action alternative, in which the Service would not issue a
permit to the applicant, and the project turbines would be feathered
until wind speeds reach 6.9 m/s from a half-hour before sunset to a
half-hour after sunrise during the entirety of the fall migration
season (August 1 through October 31) and spring migration season (March
15 through May 15), under which conditions take of listed species is
unlikely to occur;
2. The applicant's Proposed Alternative, in which the Service would
issue an ITP to authorize incidental take of covered species associated
with the project's operations as described in the applicant's HCP. In
this alternative, the project turbines would be feathered until wind
speeds reach 3.5 m/s during the spring migration (April 1 through May
15) from a half-hour before sunset to a half-hour after sunrise, and
during the fall migration season (August 1 through October 15), project
turbines would be feathered until wind speeds reach 5.0 m/s from a
half-hour before sunset to a half-hour after sunrise. While take is not
anticipated during the summer (May 16-July 31), turbines will be
feathered until wind speeds reach 3.0 m/s from a half-hour before
sunset to a half-hour after sunrise. Minimization measures would be
applicable until the temperature was greater than 10 degrees Celsius
([deg]C). In this alternative, the applicant estimated take of Indiana
and northern long-eared bats using an approach that addresses inherent
uncertainty in take estimates by incorporating a 50 percent confidence
bound around the mean estimate, and a 50 percent reduction in take from
application of the proposed cut-in speed regime.
The various phases of this project began and will end in different
years; thus, different numbers of turbines will be operational during
the three different phases, which will change the amount of take during
each of the phases. Thus, the estimated fatality rates under this
alternative are:
10.8 Indiana bats and 2.5 northern long-eared bats per
year for years 1-22;
6.3 Indiana bats and 1.5 northern long-eared bats per year
for years 23-27; and
2.5 Indiana bats and 0.6 northern long-eared bats per year
for years 28-30.
This results in a total of 276 Indiana bats and 64 northern long-
eared bats over the 30-year permit term.
3. The Less Restrictive Operations alternative, in which the
Service would
[[Page 12009]]
issue an ITP for the HCP, but turbine operations would be different
than under the applicant's proposed project. All turbines would be
feathered when the ambient temperature is above 10 [deg]C, based on a
5-minute rolling average from one half-hour before sunset to one half-
hour after sunrise during the spring migration season (April 1 through
May 15) up to 3.5 m/s, during the summer season (May 16 through July
31) up to 3.0 m/s, and during the fall migration season (August 1
through October 15) up to 4.0 m/s. The estimated fatality rates for
this alternative are:
13.46 Indiana bats and 3.1 northern long-eared bats per
year for years 1-22;
7.94 Indiana bats and 1.84 northern long-eared bats per
year for years 23-27; and
3.11 Indiana bats and 0.72 northern long-eared bats per
year for years 28-30.
This results in a total of 345 Indiana bats and 79 northern long-
eared bats over the 30-year permit term;
4. More Restrictive Operations alternative, in which the Service
would issue an ITP for the HCP, but turbine operations would be
different than under the applicant's proposed project. All turbines
would be feathered when the ambient temperature is above 10 [deg]C
based on a 5-minute rolling average from one half-hour before sunset to
one half-hour after sunrise during the spring migration season (April 1
through May 15) up to 3.5 m/s, summer (May 16 through July 31) up to
3.0 m/s, and during the fall migration season (August 1 through October
15) up to 6.5 m/s. The estimated fatality rates for this alternative
are:
9.47 Indiana bats and 2.18 northern long-eared bats per
year for years 1-22;
5.59 Indiana bats and 1.28 northern long-eared bats per
year for years 23-27; and
2.19 Indiana bats and 0.51 northern long-eared bats per
year for years 28-30.
This results in a total of 277 Indiana bats and 65 northern long-
eared bats over the 30-year permit term. The quantity of mitigation
needed to offset the impact of the taking and the level of effort of
monitoring varies between the alternatives, although mitigation,
monitoring, adaptive management, and funding assurances are components
of all three action alternatives.
The DEA considers the direct, indirect, and cumulative effects of
the alternatives, including any measures intended to minimize and
mitigate such impacts. The DEA also identifies additional alternatives
that were considered but were eliminated from analysis as detailed in
section 2.4 of the DEA.
The Service invites comments and suggestions from all interested
parties on the content of the DEA. In particular, information and
comments regarding the following topics are requested:
1. The direct, indirect, or cumulative effects that implementation
of any alternative could have on the human environment;
2. Whether or not the significance of the impact on various aspects
of the human environment has been adequately analyzed; and
3. Any other information pertinent to evaluating the effects of the
proposed action on the human environment.
Public Comments
You may submit your comments and materials related to the draft
HCP, DEA, or other supporting documents by one of the methods listed in
ADDRESSES. We request you send comments using only one of the methods
described in ADDRESSES.
Comments and materials we receive, as well as documents associated
with the notice, will be available for public inspection by
appointment, during normal business hours, at the Ohio Ecological
Services Field Office in Columbus, Ohio (see FOR FURTHER INFORMATION
CONTACT). 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.
Authority
We provide this notice under section 10(c) of the ESA (16
U.S.C.1539(c)) and its implementing regulations (50 CFR 17.22) and the
NEPA (42 U.S.C. 4321 et seq.) and its implementing regulations (40 CFR
1506.6; 43 CFR part 46).
Lori Nordstrom,
Assistant Regional Director, Ecological Services, Midwest Region.
[FR Doc. 2020-04046 Filed 2-27-20; 8:45 am]
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