[Federal Register Volume 85, Number 65 (Friday, April 3, 2020)]
[Notices]
[Pages 19014-19016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06977]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R1-ES-2019-N084; FXES11140100000-190-FF01E00000]
Record of Decision for the Final Environmental Impact Statement
for the Skookumchuck Wind Energy Project Habitat Conservation Plan,
Lewis and Thurston Counties, Washington
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; record of decision.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the
availability of a record of decision (ROD) for the proposed issuance of
an Endangered Species Act (ESA) permit for the Skookumchuck Wind Energy
Project (project) and final habitat conservation plan (HCP). The ROD
documents the Service's decision to issue an incidental take permit
(ITP) to Skookumchuck Wind Energy Project, LLC (applicant). As
summarized in the ROD, the Service has selected Alternative 1--the
Proposed Action, which includes implementation of the HCP and issuance
of the ITP authorizing incidental take of one threatened species listed
under the ESA and two species protected under the Bald and Golden Eagle
Protection Act (BGEPA) that may occur as a result of operation of the
project over a 30-year period.
ADDRESSES: You may obtain copies of the ROD and other documents
associated with the decision by the following methods.
Internet: Documents may be viewed and downloaded on the
internet at http://www.fws.gov/wafwo/.
U.S. Mail: You may obtain a CD-ROM with electronic copies
of these documents if you make a request within 30 days after the date
of publication of this notice by writing to Curtis Tanner, U.S. Fish
and Wildlife Service, Washington Fish and Wildlife Office, 510 Desmond
Dr. SE, Suite 102, Lacey, WA 98503.
[[Page 19015]]
Telephone: Call 360-753-4326 during regular business
hours.
FOR FURTHER INFORMATION CONTACT: Curtis Tanner, by mail at U.S. Fish
and Wildlife Service, Washington Fish and Wildlife Office (see
ADDRESSES); by phone at 360-753-4326; or via email at
Curtis_Tanner@fws.gov. Hearing or speech impaired individuals may call
the Federal Relay Service at 800-877-8339 for TTY assistance.
SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service
(Service), announce the availability of a record of decision (ROD) for
the proposed issuance of an Endangered Species Act (ESA) section
10(a)(1)(B) incidental take permit (ITP) to Skookumchuck Wind Energy
Project, LLC (applicant) for the Skookumchuck Wind Energy Project
(project) and final habitat conservation plan (HCP). The ROD documents
the Service's decision to issue an ITP to the applicant. As summarized
in the ROD, the Service has selected Alternative 1- the Proposed Action
(described below), which includes implementation of the HCP and
issuance of the ITP authorizing incidental take of the following
covered species that may occur as a result of project operations during
a 30-year period--the marbled murrelet (Brachyramphus marmoratus),
which is a threatened species listed under the ESA, and the bald eagle
(Haliaeetus leucocephalus) and the golden eagle (Aquila chrysaetos),
which are not listed under the ESA but are protected under the Bald and
Golden Eagle Protection Act (BGEPA).
We are advising the public of the availability of the ROD,
developed in compliance with the agency decision-making requirements of
the National Environmental Policy Act of 1969, as amended (NEPA), as
well as the final HCP as submitted by the applicant. All alternatives
have been described in detail, evaluated, and analyzed in our draft
environmental impact statement (DEIS) and final environmental impact
statement (FEIS). Our notice of availability of the FEIS and HCP was
published in the Federal Register on May 31, 2019 (84 FR 25299), with a
minor correction published in the Federal Register on June 6, 2019 (84
FR 26423).
Background
The project site encompasses approximately 9,700 acres of
forestlands in Thurston and Lewis Counties, Washington. The applicant
intends to initiate turbine operations in 2019, or as soon as possible
thereafter. A detailed description of the project is presented in
chapter 2 of the HCP. The majority of the project, including all 38
wind turbines, is located in Lewis County, Washington. Some supporting
infrastructure is located in Thurston County, Washington. The wind
energy generation facility is located on a prominent ridgeline on the
Weyerhaeuser Company's Vail Tree Farm, located approximately 18 miles
east of Centralia, Washington. The project is expected to produce an
output of approximately 137 megawatts (MW) of electricity from 38 wind
turbines, each of which is 492 feet tall (from ground to vertical blade
tip), with rotor diameters of 446 feet. The turbine operating
prescriptions presented in chapter 2 of the HCP include curtailment
regimes and site management prescriptions.
Pre-project monitoring identified the presence of each covered
species in the project area. The applicant determined that adverse
effects to each of the covered species are unavoidable, and developed
the HCP to cover take of those species caused by project operations
over a period of 30 years. The HCP details measures the applicant will
implement to minimize, mitigate, and monitor the unavoidable incidental
take of the covered species.
Avoidance and minimization measures in the HCP to benefit the
marbled murrelet include seasonal curtailment of turbine blades
(turbine blades are fully stopped and feathered into the wind) and site
management prescriptions to maintain transmission and distribution line
flight diverters, shield artificial light sources, and minimize the
artificial increase of potential nest predators in the project area.
Mitigation measures in the HCP to benefit the marbled murrelet include
acquisition and permanent management of conservation lands to promote
the preservation and enhancement of suitable nesting habitat for the
species, and funding the removal of abandoned or derelict fishing nets
in the Salish Sea in which murrelets can become entangled and drown.
Avoidance and minimization measures in the HCP to benefit the bald
eagle and the golden eagle include site management prescriptions to
remove carrion to reduce scavenging by eagles on the project site,
minimize cover for prey animals such as rabbits to reduce prey-based
attractions of eagles to the project site, and testing of eagle
detection-based turbine curtailment technologies intended to reduce
eagle collisions with operating turbine blades. If effective, the
turbine curtailment triggered by automated eagle-detection will be
implemented routinely. Mitigation measures in the HCP intended to
benefit bald eagles and golden eagles consist of retrofitting power
poles to reduce the occurrence of eagle collisions with power lines and
electrocution. Eagles will also receive marginal benefit from the
conservation lands in the form of nesting, roosting, and foraging
habitat.
Purpose and Need
The Service's purpose and need is to respond to the ITP application
submitted by the applicant, and to approve, approve with conditions, or
deny the ITP application. This assessment is complete, and was be made
pursuant to the requirements of ESA section 10(a)(1)(B) and the BGEPA,
and their respective implementing regulations. Any ITP issued by the
Service must meet all applicable requirements of the ESA, BGEPA, and
their implementing regulations.
Alternatives
Our FEIS analyzed the environmental impacts of no action, and the
following three action alternatives related to the issuance of the ITP
and implementation of the HCP: (A) The Proposed Action (Alternative 1);
(B) a modified site design for the Proposed Action (Alternative 2); and
(C) an enhanced curtailment regime for the Proposed Action (Alternative
3).
No-Action Alternative: Under the No-Action Alternative (Options A
and B), no permit would be issued, and the applicant's HCP would not be
implemented. This alternative consists of two options: Option A--No
Project Operations and Option B--No Project. Option A assumes the
applicant would construct the project before the Service makes a final
permit decision, but would not operate the project without an ITP.
Option A is included in the FEIS because the applicant informed the
Service that it may initiate and complete construction of the project
before the Service makes a decision on the ITP application. Option B
assumes that the applicant would not construct the project without an
ITP. Under this option, nothing would change from current conditions
and no impacts on the human environment would result from the project.
Alternative 1 (Proposed Action): Issuance of the requested permit
and implementation of the conservation program described in the
applicant's HCP. Alternative 1 is the Service's preferred alternative.
Alternative 2: Under the Modified Project Site Design Alternative,
the project would not operate the five wind turbine generators (WTGs)
closest to documented marbled murrelet nest
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locations for the duration of the ITP. The Service would issue an ITP
authorizing the level of incidental take expected to result from
operation and maintenance of the remaining 33 WTGs and site management
activities.
Alternative 3: Under the Enhanced Curtailment Regime of the
Proposed Action Alternative, all 38 WTGs would operate under an
expanded set of curtailment measures intended to minimize the potential
for take of the covered species. The Service would issue an ITP
authorizing the level of incidental take expected to result from
covered activities in accordance with the additional curtailment
measures.
The environmental consequences of each alternative were analyzed in
the FEIS. The types of effects on covered species were similar across
action alternatives, with take resulting from project operations being
mitigated through land acquisition, derelict net removal, and power
pole retrofits. Increasing the use of avoidance and minimization
measures through different turbine curtailment regimes can reduce the
amount of take of the covered species and the amount of renewable
electricity produced; a commensurate reduction in the amount of
derelict net removal and power pole retrofits are expected with
alternatives that increase turbine curtailment.
Public comments received in response to the DEIS were considered,
and the FEIS reflects clarifications of the existing analysis to
address public comments.
The FEIS does not identify an environmentally preferred
alternative. Pursuant to NEPA implementing regulations found at 40 CFR
15.2(b), the Service identified the No Action Alternative--Option B (no
approval of the HCP/no issuance of the ITP/no project construction) as
the environmentally preferred alternative in the ROD.
Decision and Rationale for Decision
Based on our review of the alternatives and their environmental
consequences as described in our FEIS, we have selected the Proposed
Action option (Alternative 1). The Proposed Action includes the
applicant's implementation of the final HCP and the Service's issuance
of an ITP authorizing incidental take of the covered species that may
occur as a result of project operations.
In order to issue an ITP for covered species under the ESA, we must
determine that the HCP meets the issuance criteria set forth in 16
U.S.C. 1539(a)(2)(B). In addition, in order to issue an ITP covering
bald eagles and golden eagles, we must determine that the HCP meets the
issuance criteria set forth in 50 CFR 22.26(f). We have made the
determination that the HCP meets both sets of criteria, as described
further in the ROD.
Authority
We provide this notice in accordance with the requirements of
section 10(c) of the ESA (16 U.S.C. 1539(c)) and its implementing
regulations (50 CFR 17.22 and 17.32), and NEPA (42 U.S.C. 4321 et seq.)
and its implementing regulations (40 CFR 1506.6; 43 CFR part 46).
Robyn Thorson,
Regional Director, U.S. Fish and Wildlife Service.
[FR Doc. 2020-06977 Filed 4-2-20; 8:45 am]
BILLING CODE 4333-15-P