80 FR 15032 - Notice of Availability of Draft Environmental Assessment and Revised Multi-Species Habitat Conservation Plan; Receipt of Application for Incidental Take Permit Amendment; NiSource Inc.

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 80, Issue 54 (March 20, 2015)

We, the U.S. Fish and Wildlife Service (Service), have received an application from NiSource Inc. and its subsidiary Columbia Pipeline Group (hereafter, NiSource), for an amendment to add the northern long-eared bat to its Endangered Species Act (ESA) incidental take permit (ITP). The application includes a revised Habitat Conservation Plan (HCP). The Service prepared an Environmental Assessment (EA). We request public comments on NiSource's revised HCP and our draft EA.

[Federal Register Volume 80, Number 54 (Friday, March 20, 2015)]
[Notices]
[Pages 15032-15033]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-06396]



[[Page 15032]]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R3-ES-2015-N035; FXES11120300000-156-FF03E00000]


Notice of Availability of Draft Environmental Assessment and 
Revised Multi-Species Habitat Conservation Plan; Receipt of Application 
for Incidental Take Permit Amendment; NiSource Inc.

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for public comment.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have 
received an application from NiSource Inc. and its subsidiary Columbia 
Pipeline Group (hereafter, NiSource), for an amendment to add the 
northern long-eared bat to its Endangered Species Act (ESA) incidental 
take permit (ITP). The application includes a revised Habitat 
Conservation Plan (HCP). The Service prepared an Environmental 
Assessment (EA). We request public comments on NiSource's revised HCP 
and our draft EA.

DATES: To ensure consideration, please send your written comments on or 
before April 20, 2015.

ADDRESSES: Document availability: The permit application and associated 
documents are available for review, subject to the requirements of the 
Privacy Act of 1974 (5 U.S.C. 552a) and Freedom of Information Act, by 
any of the following methods:
     Internet: You may access electronic copies on the Internet 
at http://www.fws.gov/midwest/endangered/permits/hcp/nisource/index.html.
     U.S. Mail: You may obtain electronic copies on CD-ROM by 
submitting a request in writing to the U.S. Fish and Wildlife Service 
within 30 days of the date of publication of this notice; see FOR 
FURTHER INFORMATION CONTACT.
     In-Person: Printed copies are available for public 
inspection and review (by appointment only), at the office listed under 
FOR FURTHER INFORMATION CONTACT.
    Submitting Comments: Send written comments via U.S. mail to the 
Regional Director, Midwest Region, Attn: Thomas Magnuson, U.S. Fish and 
Wildlife Service, Ecological Services, 5600 American Blvd. West, Suite 
990, Bloomington, MN 55437-1458, or by electronic mail to 
[email protected].

FOR FURTHER INFORMATION CONTACT: Karen Herrington, NiSource MSHCP 
Coordinator, by U.S. mail at U.S. Fish and Wildlife Service, 360 
Pearson Ct., Saint Charles, MO 63304; or by phone at 612-713-5315.

SUPPLEMENTARY INFORMATION: We have received an application from 
NiSource for an amendment to its Endangered Species Act (ESA) 
incidental take permit (ITP), to add the northern long-eared bat. The 
application includes a revised HCP, developed to satisfy the criteria 
listed in section 10(a)(1)(B) of the ESA pertaining to issuance of 
incidental take permits. If NiSource has met these criteria, and its 
HCP and supporting information are statutorily complete, an amended 
incidental take permit that includes the northern long-eared bat will 
be issued. Issuances of ITPs by the Service are Federal actions subject 
to review under the National Environmental Policy Act (NEPA). To comply 
with NEPA, the Service prepared an EA, the purpose of which is to 
determine the significance of environmental impacts that could result 
from amending the NiSource ITP to include the northern long-eared bat, 
and through subsequent implementation of the revised NiSource HCP.
    We request public comments on NiSource's revised HCP and our draft 
EA. For availability of these documents, see ADDRESSES.
    NiSource, headquartered in Merrillville, Indiana, is engaged in 
natural gas transmission, storage, and distribution across the eastern 
United States. In September 2013, the Service issued NiSource an ITP 
for 10 federally listed species that occur in portions of its 14-State 
operating territory. The permit allows NiSource to incidentally take 
these species while operating and maintaining its interstate natural 
gas pipeline infrastructure. After issuance of the ITP, the Service 
proposed listing the northern long-eared bat (Myotis septentrionalis) 
under the ESA. The northern long-eared bat was not included in the 
original NiSource HCP.
    On January 13, 2015, the Service received an application from 
NiSource to have the northern long-eared bat added to its ITP. The 
application includes a revised HCP that provides an analysis of 
NiSource activities across its 14-State operating territory, which 
includes Delaware, Indiana, Kentucky, Louisiana, Maryland, Mississippi, 
New Jersey, New York, North Carolina, Ohio, Pennsylvania, Tennessee, 
Virginia, and West Virginia. Northern long-eared bats are present in 
each of those 14 States. Based on the analysis in the revised HCP, 
certain NiSource activities (e.g., right-of-way maintenance, facility 
inspection, upgrade and replacement of pipelines, relocations, routine 
expansions, and mitigation) have the potential to impact the northern 
long-eared bat. In particular, two NiSource activities will potentially 
cause take of northern long-eared bats: (1) Tree clearing in known and 
suitable summer, spring staging, and fall swarming habitat, and (2) 
``waste pit'' construction in storage fields. NiSource mitigation 
directed at the Indiana bat will likely provide conservation benefits 
to the northern long-eared bat. The revised NiSource HCP identifies 
over 40 conservation measures that NiSource will implement in each of 
those 14 States to avoid, minimize, and mitigate potential impacts to 
northern long-eared bats. Beyond the ITP amendment request, there are 
no other changes to the NiSource HCP.
    Over the 49 year life of the permit, NiSource is requesting 
incidental take, primarily in the form of habitat harassment and harm, 
for no more than 93,500 acres of habitat that could support up to 4,618 
northern long-eared bats. After all practicable steps have been taken 
to avoid and minimize take, NiSource will fund mitigation projects to 
compensate for the impacts of its take. Such projects will include 
protecting high-quality northern long-eared bat habitats, restoring and 
protecting degraded northern long-eared bat habitat, and potentially 
establishing new habitat.
    The NEPA process will culminate with a decision by the Service's 
Regional Director on one of three alternatives found in Chapter 2 of 
the EA: (1) No Action (Status Quo); (2) Approve ITP Amendment Request 
(Applicant's Preferred Alternative); (3) Approve ITP Amendment Request 
with Conditions (Service's Preferred Alternative). Once an alternative 
is selected, the Regional Director will then decide whether issuance of 
an amended ITP to NiSource Inc., including subsequent implementation of 
its revised HCP, will significantly affect the quality of the human 
environment, as defined by the NEPA.

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 the entire comment, including 
your personal identifying information, may be made available at any 
time. While you can ask us in your comment to withhold your personal 
identifying information from

[[Page 15033]]

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. 
1531 et seq.) and its implementing regulations (50 CFR 17.22), and 
under NEPA (42 U.S.C. 4371 et seq.) and its implementing regulations 
(40 CFR 1506.6; 43 CFR part 46).

    Dated: February 18, 2015.
Lynn Lewis,
Assistant Regional Director, Ecological Services, Midwest Region.
[FR Doc. 2015-06396 Filed 3-19-15; 8:45 am]
 BILLING CODE 4310-55-P