80_FR_23648 80 FR 23567 - Early Scoping for an Anticipated Application for Incidental Take Permit and Draft Habitat Conservation Plan; Copenhagen Wind Farm, LLC

80 FR 23567 - Early Scoping for an Anticipated Application for Incidental Take Permit and Draft Habitat Conservation Plan; Copenhagen Wind Farm, LLC

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 80, Issue 81 (April 28, 2015)

Page Range23567-23570
FR Document2015-09806

Pursuant to the Endangered Species Act (ESA) and the National Environmental Policy Act (NEPA), we, the U.S. Fish and Wildlife Service (Service), announce our intent to prepare a NEPA document for an anticipated Incidental Take Permit (ITP) application and associated draft habitat conservation plan (HCP) from Copenhagen Wind Farm, LLC for construction and operation of a wind energy facility on private lands that provide potential habitat for the northern long-eared bat and the federally listed endangered Indiana bat. The northern long- eared bat has recently been proposed for listing as an endangered species under the ESA. Construction activities (e.g., tree clearing) and operation of wind turbines on these lands have the potential to incidentally take Indiana bats and northern long-eared bats. Therefore, Copenhagen Wind Farm, LLC is developing an ITP application and HCP to address these activities. In advance of receiving the ITP application for this project, the Service is providing this notice to request information from other agencies, Tribes, and the public on the scope of the NEPA review and issues to consider in the NEPA analysis and in development of the HCP.

Federal Register, Volume 80 Issue 81 (Tuesday, April 28, 2015)
[Federal Register Volume 80, Number 81 (Tuesday, April 28, 2015)]
[Notices]
[Pages 23567-23570]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-09806]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R5-ES-2014-0050; FXES11120500000-156-FF05E00000]


Early Scoping for an Anticipated Application for Incidental Take 
Permit and Draft Habitat Conservation Plan; Copenhagen Wind Farm, LLC

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of initiation of scoping.

-----------------------------------------------------------------------

SUMMARY: Pursuant to the Endangered Species Act (ESA) and the National 
Environmental Policy Act (NEPA), we, the U.S. Fish and Wildlife Service 
(Service), announce our intent to prepare a NEPA document for an 
anticipated Incidental Take Permit (ITP) application and associated 
draft habitat conservation plan (HCP) from Copenhagen Wind Farm, LLC 
for construction and operation of a wind energy facility on private 
lands that provide potential habitat for the northern long-eared bat 
and the federally listed endangered Indiana bat. The northern long-
eared bat has recently been proposed for listing as an endangered 
species under the ESA. Construction activities (e.g., tree clearing) 
and operation of wind turbines on these lands have the potential to 
incidentally take Indiana bats and northern long-eared bats. Therefore, 
Copenhagen Wind Farm, LLC is developing an ITP application and HCP to 
address these activities.
    In advance of receiving the ITP application for this project, the 
Service is providing this notice to request information from other 
agencies, Tribes, and the public on the scope of the NEPA review and 
issues to consider in the NEPA analysis and in development of the HCP.

DATES: We will accept comments received or postmarked on or before May 
28, 2015. Comments submitted electronically using the Federal 
eRulemaking Portal (see ADDRESSES) must be received by 11:59 p.m. 
Eastern Time on the closing date.

ADDRESSES: You may submit written comments by one of the following 
methods:
     Electronically: Go to the Federal eRulemaking Portal Web 
site at: http://www.regulations.gov. In the Search box, enter FWS-R5-
ES-2014-0050, which is the docket number for this notice. Click on the 
appropriate link to locate this document and submit a comment.
     By hard copy: Submit by U.S. mail or hand-delivery to 
Public Comments Processing, Attn: FWS-R5-ES-2014-0050, Division of 
Policy, Performance, and Management Programs; U.S. Fish and Wildlife 
Service; 5275 Leesburg Pike, Falls Church, VA 22041.
    We request that you send comments by only the methods above. We 
will post all information received on the Web site at http://www.regulations.gov. This generally means that we will post any 
personal information you provide us (see the Public Comments section 
below for more information).

FOR FURTHER INFORMATION CONTACT: Robyn A. Niver, by mail at U.S. Fish 
and Wildlife Service, 3817 Luker Road, Cortland, NY 13045, or by 
telephone at 607-753-9334.

SUPPLEMENTARY INFORMATION: We announce our intent to prepare a NEPA 
document for a pending ITP application and associated draft HCP from 
Copenhagen Wind Farm, LLC for construction and operation of a wind 
energy facility on approximately 11,250 acres of leased private lands 
in Lewis and Jefferson Counties, New York. A map depicting the proposed 
project on the landscape can be viewed on the Service's New York Field 
Office Web page, at http://www.fws.gov/northeast/nyfo/es/ibat.htm. 
Dominated by active agricultural fields, along with substantial blocks 
of forested lands and lesser amounts of successional and disturbed 
communities, these lands provide potential foraging, roosting, 
maternity colony, and fall swarming habitat for all or many bat species 
that occur in the State of New York, including the northern long-eared 
bat (Myotis septentrionalis) and the federally listed endangered 
Indiana bat (Myotis sodalis). Both construction (e.g., tree clearing) 
and operation of wind turbines have the potential to incidentally take 
northern long-eared

[[Page 23568]]

bats and Indiana bats. Therefore, Copenhagen Wind Farm, LLC is 
developing an ITP application and HCP to address these activities.
    In advance of receiving the ITP application for this project, the 
Service is providing this notice to request information from other 
agencies, Tribes, and the public on the scope of the NEPA review and 
issues to consider in the NEPA analysis and in development of the HCP. 
We will proceed with preparation of an Environmental Assessment (EA), 
which we will use to evaluate, in conjunction with the public comments, 
whether any significant impacts would require further analysis in an 
Environmental Impact Statement.

Request for Information

    We request data, comments, information, and suggestions from the 
public, other concerned governmental agencies, the scientific 
community, Tribes, industry, or any other interested party on this 
notice. We will consider all comments we receive in complying with the 
requirements of NEPA and in the development of the HCP and ITP.
    We seek comments particularly related to:
    (1) Information concerning the range, distribution, population 
size, and population trends of Indiana bats and northern long-eared 
bats in New York State;
    (2) Additional biological information concerning Indiana bats, 
northern long-eared bats, and other federally listed species that occur 
in New York State that could be affected by proposed covered 
activities;
    (3) Relevant data and information concerning myotid bat 
interactions with wind turbine construction and operation;
    (4) Current or planned activities in the project planning area and 
their possible impacts on Indiana bats, northern long-eared bats, and 
other federally listed species in New York State;
    (5) The presence of facilities within the project planning area 
that are eligible to be listed on the National Register of Historic 
Places, or whether other historical, archeological, or traditional 
cultural properties may be present;
    (6) Any other issues relating to the human environment and 
potential impacts that we should consider with regard to the project 
planning area, covered activities, and potential ITP issuance.
    You may submit your comments and materials concerning this notice 
by one of the methods listed in the ADDRESSES section.

Background

    The Indiana bat is listed as an endangered species under the ESA. 
The population decline of this species has historically been attributed 
to habitat loss and degradation of both winter hibernation habitat 
(hibernacula) and summer roosting habitat, human disturbance during 
hibernation, and possibly pesticides. A recent new threat to Indiana 
bats is white-nose syndrome (WNS), a disease caused by a fungus 
(Pseudogymnoascus destructans, previously classified as Geomyces 
destructans) that invades the skin of bats. The fungus erodes wing 
tissue and alters behaviors such as hibernation location and arousal 
patterns, which decreases fat stores essential for overwinter survival. 
Millions of bats are estimated to have died as a result. White-nose 
syndrome is resulting in large population declines in some parts of the 
species' range, including the northeastern and southeastern United 
States.
    The range of the Indiana bat includes much of the eastern United 
States, including New York. Winter habitat for the Indiana bat includes 
caves and mines that support high humidity and cool, but stable, 
temperatures. In the summer, Indiana bats roost in trees (dead, dying, 
or live trees) with exfoliating bark, cracks, crevices, and/or hollows. 
During summer, males roost alone or in small groups, while females and 
their offspring roost in larger groups. Indiana bats forage for insects 
in and along the edges of forested areas and wooded stream corridors.
    The northern long-eared bat has recently been proposed for listing 
as an endangered species under the ESA. White-nose syndrome is the 
predominant threat to the species, though other threats may include 
impacts to hibernacula and summer habitat, and disturbance of 
hibernating bats. Northern long-eared bats have been abundant in the 
eastern United States and are often captured in summer mist nets 
surveys and detected during acoustic surveys. Northern long-eared bats 
are known to frequent forested habitats throughout New York. Similar to 
Indiana bats, northern long-eared bats generally hibernate in caves and 
mines during the winter. During the summer, the bats roost in live 
trees and snags, though they are also known to use human-made 
structures such as barns, sheds, and bat boxes.

Potential Federal Action

    The proposed Federal action that will be analyzed through NEPA will 
be the potential issuance of an ITP to allow incidental take of Indiana 
bats and northern long-eared bats from the construction and operation 
of the wind energy facility, including specific activities that will be 
described in the HCP. The HCP will incorporate avoidance, minimization, 
mitigation, monitoring, and reporting measures aimed at addressing the 
impact of the covered activities to Indiana bats and northern long-
eared bats. The project planning area for the HCP is the 11,250 acres 
of private lands under lease agreement with Copenhagen Wind Farm, LLC 
for construction and operation of a wind energy facility. The project 
consists of two phases, which will deliver up to 79.9 and 24.9 
megawatts (MW) respectively of electrical power to the New York State 
electric grid.

Phase I

    Phase I consists of a 6,605-acre generation site and a 2,595-acre 
transmission site. The generation site will include 47 wind turbines, 
approximately 15.2 miles of access roads, 20.3 miles of 34.5-kV 
electrical collector lines, a collection substation, 3 meteorological 
towers, a construction staging area, and an Operations and Maintenance 
(O&M) facility, located in the Town of Denmark in Lewis County, New 
York. The transmission site will include approximately 8.8 miles of 
overhead 115-kV electric transmission line, to be located in the Towns 
of Champion and Rutland, in Jefferson County, New York, and a Point of 
Interconnect (POI) substation, to be located adjacent to the existing 
National Grid Black River-Lighthouse Hill 115-kV transmission line in 
the Town of Rutland, Jefferson County, New York. Phase I construction 
is anticipated to begin with tree-clearing activities over the winter 
of 2015-2016, with access road and other construction commencing in the 
spring of 2016. Construction of Phase I is expected to be completed by 
December 2016.

Phase II

    Phase II consists of up to 15 additional turbines, along with 
approximately 5.5 miles of access roads and 11 miles of collector 
lines, to be located on approximately 2,050 acres of leased private 
lands. The 34.5-kV electrical collector lines will gather the 
electricity from the turbines in the Town of Pinckney and deliver it to 
the collection substation in the Town of Denmark (to be constructed as 
part of Phase I). The turbines, access roads, and approximately 5.4 
miles of the electrical collector lines will be located in the Town of 
Pinckney, Lewis County, New

[[Page 23569]]

York. The remaining 5.6 miles of electrical collector lines will be 
located in the Town of Denmark, generally in close proximity to 
infrastructure associated with Phase I of the Project. Phase II 
construction is anticipated to begin with tree-clearing activities over 
the winter of 2016-2017, with access road and other construction 
commencing in the spring of 2017. Construction of Phase II is expected 
to be completed by December 2017.
    The HCP is expected to address both construction and operational 
activities associated with the wind energy facility. The covered 
construction activities in the HCP are anticipated to be as follows: 
Preconstruction activities (e.g., geotechnical boring, installation of 
sedimentation and erosion control measures, field demarcation of 
previously identified sensitive resources), staging area construction, 
site preparation (e.g., clearing woody vegetation from work areas), 
public road improvement, access road construction, turbine foundation 
construction, electrical collector system installation, wind turbine 
assembly and erection, transmission line and POI substation 
construction, O&M facility construction, and turbine commissioning. The 
covered operational activities in the HCP are anticipated to be as 
follows: Operation of turbines and associated electrical collection and 
transmission equipment, scheduled and unscheduled maintenance, and 
environmental management. Copenhagen Wind Farm, LLC anticipates that 
the activities posing the greatest risk of incidental take of Indiana 
bats or northern long-eared bats are (1) tree clearing during 
construction, and (2) collisions with operating turbines. They do not 
anticipate construction or operation of the wind energy facility will 
result in incidental take of any other federally listed species in the 
planning area. Potential minimization and mitigation measures may 
include removal of suitable roost trees during winter, operating 
turbines during periods of less bat activity, protection and 
enhancement of hibernacula, and protection and enhancement of Indiana 
bat and northern long-eared bat roosting and foraging habitat. The 
proposed duration of the ITP is 30 years.

NEPA Alternatives

    The Service has not yet developed any NEPA alternatives to the 
proposed Federal action (i.e., issuance of an ITP conditioned on 
implementation of the HCP). The NEPA analysis will assess the direct, 
indirect, and cumulative impacts of the proposed Federal action on the 
human environment, comprehensively interpreted to include the natural 
and physical environment and the relationship of people with that 
environment. It will also analyze several alternatives to the proposed 
Federal action, including no action and other reasonable courses of 
action (potentially including minimization and mitigation measures not 
considered in the proposed action). Relevant information provided in 
response to this notice will aid in developing the draft HCP and the 
NEPA analysis.

Prior Public Outreach

    Phase I of the project has already undergone public review as part 
of the local permitting process, pursuant to the New York State 
Environmental Quality Review Act (SEQRA) and its implementing 
regulations, 6 NYCRR Part 617. This process was initiated on May 5, 
2012, when Copenhagen Wind Farm, LLC submitted to the Town of Denmark 
Planning Board a full Environmental Assessment Form (EAF) and an 
application for a special use permit. On July 7, 2012, the Town of 
Denmark Planning Board forwarded a solicitation of Lead Agency status, 
along with a copy of the EAF document, to potentially interested/
involved SEQRA agencies. No agency objected to the Town of Denmark 
Planning Board assuming the role of Lead Agency. The Town of Denmark, 
as Lead Agency, subsequently issued a Positive Declaration on August 7, 
2012, requiring the applicant to prepare a Draft Environmental Impact 
Statement (DEIS).
    The DEIS was accepted as complete on June 4, 2013, and copies of 
the DEIS were subsequently delivered to involved/interested agencies, 
and posted to a Web site managed by OwnEnergy (http://www.ownenergy.net/project-development/our-projects/copenhagen-wind-farm). Opportunities for detailed agency and public review were 
provided during the DEIS public comment period (June 4, 2013, through 
August 13, 2013), including a public hearing conducted by the Lead 
Agency on July 9, 2013, at the Copenhagen Central School gymnasium 
(3020 Mechanic Street, Copenhagen, NY). Eleven separate ``comment 
letters'' (hardcopy, email, and oral comments) were received, which 
provided 158 individual comments that were considered during the FEIS 
analysis. The comments covered a wide range of topics addressed in the 
DEIS. The most commonly raised questions and concerns pertained to 
biological resources and water resources, particularly with regard to 
potential impacts to birds, bats, and groundwater.
    A responsiveness summary to address all substantive comments 
received on the DEIS during the public comment period was included as 
Section 4.0 of the Final Environmental Impact Statement (FEIS). The 
FEIS was accepted as complete by the Lead Agency on July 10, 2014, and 
is also available at the Project Web site (http://www.ownenergy.net/project-development/our-projects/copenhagen-wind-farm). The Lead Agency 
issued its Findings Statement on August 19, 2014. This document 
provides the rationale for the Planning Board's decision to approve 
issuance of the pending permit applications, and includes discussion of 
mitigating measures that will be incorporated as conditions of the 
pending permits and approvals to avoid or minimize adverse 
environmental impacts.
    Public review of Phase II of the Project has not yet been 
initiated. However, it is anticipated that the same local permitting 
process used for Phase I will be followed for Phase II (i.e., EAF, 
DEIS, Public Comment Period, FEIS).

Next Steps

    In this stage of the project, we are seeking information to aid in 
development of the NEPA analysis and the draft HCP, and to inform what 
level of environmental analysis would be necessary for project 
implementation. We will then develop a draft NEPA document based on the 
ITP application, Applicant's draft HCP, any associated documents, and 
public comments received through this early scoping effort. We may 
solicit additional public, agency, and Tribal input to identify the 
nature and scope of the environmental issues that should be addressed 
during NEPA review, following appropriate public notice. We will then 
publish a notice of availability for the draft NEPA document and draft 
HCP and seek additional public comment before completing our final 
analysis to determine whether to issue an ITP.

Public Comments

    During this 30-day public comment period (see DATES), the Service 
invites the public to provide comments that will aid our NEPA analysis. 
You may submit comments by one of the methods shown under ADDRESSES.

Public Availability of Comments

    We will post all public comments and information received 
electronically or via hardcopy on http://regulations.gov. All comments 
received, including names and addresses, will become part of the 
administrative record and will be available to the public. Before 
including

[[Page 23570]]

your address, phone number, electronic mail address, or other personal 
identifying information in your comment, you should be aware that your 
entire comment--including your personal identifying information--will 
be publicly available. If you submit a hardcopy comment that includes 
personal identifying information, you may request at the top of your 
document that we withhold this information from public review. However, 
we cannot guarantee that we will be able to do so.

Authority

    This notice is provided pursuant to NEPA regulations (40 CFR 1501.7 
and 1508.22).

    Dated: March 10, 2015.
Paul R. Phifer,
Assistant Regional Director, Ecological Services, Northeast Region.
[FR Doc. 2015-09806 Filed 4-27-15; 8:45 am]
 BILLING CODE 4310-55-P



                                                                                             Federal Register / Vol. 80, No. 81 / Tuesday, April 28, 2015 / Notices                                                                       23567

                                                      (1) Provide More Transportation                                          (3) Enhance Economic                                               (6) Value Communities and
                                                    Choices.                                                                 Competitiveness.                                                    Neighborhoods.
                                                                                                                               (4) Support Existing Communities.
                                                      (2) Promote equitable, affordable                                                                                                          Respondents 11,000.
                                                                                                                               (5) Coordinate Policies and Leverage
                                                    housing.                                                                 Investment.

                                                                                                                                                                                Estimated
                                                                                                                       Frequency of                    Number of
                                                                Number of respondents                                                                                          average time                          Estimated annual burden
                                                                                                                        responses                      responses                (seconds)

                                                    6,540 ......................................................                    1 (60%)                       6540                              60      6540 = 109 minutes.
                                                    60 new applicants ..................................                                  1                         60                              60      60 seconds = 1 minute.
                                                    4,630 ......................................................                    1 (40%)                       4360                              60      4360 = 73 hours.
                                                    40 new applicants ..................................                                  1                         40                              60      67 seconds = 1 minute 7 seconds.

                                                          Total ................................................   ..............................               11,000     ..............................   183 hours.



                                                    B. Solicitation of Public Comment                                        ACTION:        Notice of initiation of scoping.                     on the appropriate link to locate this
                                                       This notice is soliciting comments                                                                                                        document and submit a comment.
                                                    from members of the public and affected
                                                                                                                             SUMMARY:   Pursuant to the Endangered                                  • By hard copy: Submit by U.S. mail
                                                                                                                             Species Act (ESA) and the National                                  or hand-delivery to Public Comments
                                                    parties concerning the collection of                                     Environmental Policy Act (NEPA), we,
                                                    information described in Section A on                                                                                                        Processing, Attn: FWS–R5–ES–2014–
                                                                                                                             the U.S. Fish and Wildlife Service                                  0050, Division of Policy, Performance,
                                                    the following:                                                           (Service), announce our intent to
                                                       (1) Whether the proposed collection                                                                                                       and Management Programs; U.S. Fish
                                                                                                                             prepare a NEPA document for an                                      and Wildlife Service; 5275 Leesburg
                                                    of information is necessary for the                                      anticipated Incidental Take Permit (ITP)
                                                    proper performance of the functions of                                                                                                       Pike, Falls Church, VA 22041.
                                                                                                                             application and associated draft habitat                               We request that you send comments
                                                    the agency, including whether the                                        conservation plan (HCP) from
                                                    information will have practical utility;                                                                                                     by only the methods above. We will
                                                                                                                             Copenhagen Wind Farm, LLC for                                       post all information received on the
                                                       (2) The accuracy of the agency’s                                      construction and operation of a wind
                                                    estimate of the burden of the proposed                                                                                                       Web site at http://www.regulations.gov.
                                                                                                                             energy facility on private lands that                               This generally means that we will post
                                                    collection of information;                                               provide potential habitat for the
                                                       (3) Ways to enhance the quality,                                                                                                          any personal information you provide
                                                                                                                             northern long-eared bat and the                                     us (see the Public Comments section
                                                    utility, and clarity of the information to                               federally listed endangered Indiana bat.
                                                    be collected; and                                                                                                                            below for more information).
                                                                                                                             The northern long-eared bat has recently                            FOR FURTHER INFORMATION CONTACT:
                                                       (4) Ways to minimize the burden of                                    been proposed for listing as an
                                                    the collection of information on those                                                                                                       Robyn A. Niver, by mail at U.S. Fish
                                                                                                                             endangered species under the ESA.                                   and Wildlife Service, 3817 Luker Road,
                                                    who are to respond; including through                                    Construction activities (e.g., tree
                                                    the use of appropriate automated                                                                                                             Cortland, NY 13045, or by telephone at
                                                                                                                             clearing) and operation of wind turbines                            607–753–9334.
                                                    collection techniques or other forms of                                  on these lands have the potential to
                                                    information technology, e.g., permitting                                 incidentally take Indiana bats and                                  SUPPLEMENTARY INFORMATION: We
                                                    electronic submission of responses.                                      northern long-eared bats. Therefore,                                announce our intent to prepare a NEPA
                                                       HUD encourages interested parties to                                  Copenhagen Wind Farm, LLC is                                        document for a pending ITP application
                                                    submit comment in response to these                                      developing an ITP application and HCP                               and associated draft HCP from
                                                    questions.                                                               to address these activities.                                        Copenhagen Wind Farm, LLC for
                                                      Authority: Section 3507 of the Paperwork                                  In advance of receiving the ITP                                  construction and operation of a wind
                                                    Reduction Act of 1995, 44 U.S.C. Chapter 35.                             application for this project, the Service                           energy facility on approximately 11,250
                                                                                                                             is providing this notice to request                                 acres of leased private lands in Lewis
                                                      Dated: April 21, 2015.
                                                                                                                             information from other agencies, Tribes,                            and Jefferson Counties, New York. A
                                                    Julie D. Hopkins,
                                                                                                                             and the public on the scope of the NEPA                             map depicting the proposed project on
                                                    Director, Grants Management and Oversight                                                                                                    the landscape can be viewed on the
                                                    Division.                                                                review and issues to consider in the
                                                                                                                             NEPA analysis and in development of                                 Service’s New York Field Office Web
                                                    [FR Doc. 2015–09770 Filed 4–27–15; 8:45 am]                                                                                                  page, at http://www.fws.gov/northeast/
                                                                                                                             the HCP.
                                                    BILLING CODE 4210–67–P                                                                                                                       nyfo/es/ibat.htm. Dominated by active
                                                                                                                             DATES: We will accept comments                                      agricultural fields, along with
                                                                                                                             received or postmarked on or before                                 substantial blocks of forested lands and
                                                                                                                             May 28, 2015. Comments submitted                                    lesser amounts of successional and
                                                    DEPARTMENT OF THE INTERIOR
                                                                                                                             electronically using the Federal                                    disturbed communities, these lands
                                                    Fish and Wildlife Service                                                eRulemaking Portal (see ADDRESSES)                                  provide potential foraging, roosting,
                                                                                                                             must be received by 11:59 p.m. Eastern                              maternity colony, and fall swarming
                                                    [FWS–R5–ES–2014–0050;                                                    Time on the closing date.                                           habitat for all or many bat species that
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    FXES11120500000–156–FF05E00000]                                          ADDRESSES: You may submit written                                   occur in the State of New York,
                                                                                                                             comments by one of the following                                    including the northern long-eared bat
                                                    Early Scoping for an Anticipated
                                                                                                                             methods:                                                            (Myotis septentrionalis) and the
                                                    Application for Incidental Take Permit
                                                    and Draft Habitat Conservation Plan;                                        • Electronically: Go to the Federal                              federally listed endangered Indiana bat
                                                    Copenhagen Wind Farm, LLC                                                eRulemaking Portal Web site at: http://                             (Myotis sodalis). Both construction (e.g.,
                                                                                                                             www.regulations.gov. In the Search box,                             tree clearing) and operation of wind
                                                    AGENCY:       Fish and Wildlife Service,                                 enter FWS–R5–ES–2014–0050, which is                                 turbines have the potential to
                                                    Interior.                                                                the docket number for this notice. Click                            incidentally take northern long-eared


                                               VerDate Sep<11>2014        18:18 Apr 27, 2015        Jkt 235001      PO 00000        Frm 00072       Fmt 4703   Sfmt 4703   E:\FR\FM\28APN1.SGM              28APN1


                                                    23568                          Federal Register / Vol. 80, No. 81 / Tuesday, April 28, 2015 / Notices

                                                    bats and Indiana bats. Therefore,                       Background                                            incidental take of Indiana bats and
                                                    Copenhagen Wind Farm, LLC is                               The Indiana bat is listed as an                    northern long-eared bats from the
                                                    developing an ITP application and HCP                   endangered species under the ESA. The                 construction and operation of the wind
                                                    to address these activities.                            population decline of this species has                energy facility, including specific
                                                       In advance of receiving the ITP                      historically been attributed to habitat               activities that will be described in the
                                                    application for this project, the Service               loss and degradation of both winter                   HCP. The HCP will incorporate
                                                    is providing this notice to request                     hibernation habitat (hibernacula) and                 avoidance, minimization, mitigation,
                                                    information from other agencies, Tribes,                summer roosting habitat, human                        monitoring, and reporting measures
                                                    and the public on the scope of the NEPA                                                                       aimed at addressing the impact of the
                                                                                                            disturbance during hibernation, and
                                                    review and issues to consider in the                                                                          covered activities to Indiana bats and
                                                                                                            possibly pesticides. A recent new threat
                                                    NEPA analysis and in development of                                                                           northern long-eared bats. The project
                                                                                                            to Indiana bats is white-nose syndrome
                                                    the HCP. We will proceed with                                                                                 planning area for the HCP is the 11,250
                                                                                                            (WNS), a disease caused by a fungus
                                                    preparation of an Environmental                                                                               acres of private lands under lease
                                                                                                            (Pseudogymnoascus destructans,
                                                    Assessment (EA), which we will use to                                                                         agreement with Copenhagen Wind
                                                                                                            previously classified as Geomyces
                                                    evaluate, in conjunction with the public                                                                      Farm, LLC for construction and
                                                                                                            destructans) that invades the skin of
                                                    comments, whether any significant                                                                             operation of a wind energy facility. The
                                                                                                            bats. The fungus erodes wing tissue and
                                                    impacts would require further analysis                                                                        project consists of two phases, which
                                                                                                            alters behaviors such as hibernation
                                                    in an Environmental Impact Statement.                                                                         will deliver up to 79.9 and 24.9
                                                                                                            location and arousal patterns, which                  megawatts (MW) respectively of
                                                    Request for Information                                 decreases fat stores essential for                    electrical power to the New York State
                                                                                                            overwinter survival. Millions of bats are             electric grid.
                                                       We request data, comments,                           estimated to have died as a result.
                                                    information, and suggestions from the                   White-nose syndrome is resulting in                   Phase I
                                                    public, other concerned governmental                    large population declines in some parts
                                                    agencies, the scientific community,                                                                              Phase I consists of a 6,605-acre
                                                                                                            of the species’ range, including the                  generation site and a 2,595-acre
                                                    Tribes, industry, or any other interested               northeastern and southeastern United
                                                    party on this notice. We will consider                                                                        transmission site. The generation site
                                                                                                            States.                                               will include 47 wind turbines,
                                                    all comments we receive in complying                       The range of the Indiana bat includes
                                                    with the requirements of NEPA and in                                                                          approximately 15.2 miles of access
                                                                                                            much of the eastern United States,                    roads, 20.3 miles of 34.5-kV electrical
                                                    the development of the HCP and ITP.                     including New York. Winter habitat for                collector lines, a collection substation, 3
                                                       We seek comments particularly                        the Indiana bat includes caves and                    meteorological towers, a construction
                                                    related to:                                             mines that support high humidity and                  staging area, and an Operations and
                                                       (1) Information concerning the range,                cool, but stable, temperatures. In the                Maintenance (O&M) facility, located in
                                                    distribution, population size, and                      summer, Indiana bats roost in trees                   the Town of Denmark in Lewis County,
                                                    population trends of Indiana bats and                   (dead, dying, or live trees) with                     New York. The transmission site will
                                                    northern long-eared bats in New York                    exfoliating bark, cracks, crevices, and/or            include approximately 8.8 miles of
                                                    State;                                                  hollows. During summer, males roost                   overhead 115-kV electric transmission
                                                       (2) Additional biological information                alone or in small groups, while females               line, to be located in the Towns of
                                                    concerning Indiana bats, northern long-                 and their offspring roost in larger                   Champion and Rutland, in Jefferson
                                                    eared bats, and other federally listed                  groups. Indiana bats forage for insects in            County, New York, and a Point of
                                                    species that occur in New York State                    and along the edges of forested areas                 Interconnect (POI) substation, to be
                                                    that could be affected by proposed                      and wooded stream corridors.                          located adjacent to the existing National
                                                    covered activities;                                        The northern long-eared bat has                    Grid Black River-Lighthouse Hill 115-kV
                                                       (3) Relevant data and information                    recently been proposed for listing as an              transmission line in the Town of
                                                    concerning myotid bat interactions with                 endangered species under the ESA.                     Rutland, Jefferson County, New York.
                                                    wind turbine construction and                           White-nose syndrome is the                            Phase I construction is anticipated to
                                                    operation;                                              predominant threat to the species,                    begin with tree-clearing activities over
                                                       (4) Current or planned activities in the             though other threats may include                      the winter of 2015–2016, with access
                                                    project planning area and their possible                impacts to hibernacula and summer                     road and other construction
                                                    impacts on Indiana bats, northern long-                 habitat, and disturbance of hibernating               commencing in the spring of 2016.
                                                    eared bats, and other federally listed                  bats. Northern long-eared bats have been              Construction of Phase I is expected to be
                                                    species in New York State;                              abundant in the eastern United States                 completed by December 2016.
                                                       (5) The presence of facilities within                and are often captured in summer mist
                                                    the project planning area that are                      nets surveys and detected during                      Phase II
                                                    eligible to be listed on the National                   acoustic surveys. Northern long-eared                   Phase II consists of up to 15
                                                    Register of Historic Places, or whether                 bats are known to frequent forested                   additional turbines, along with
                                                    other historical, archeological, or                     habitats throughout New York. Similar                 approximately 5.5 miles of access roads
                                                    traditional cultural properties may be                  to Indiana bats, northern long-eared bats             and 11 miles of collector lines, to be
                                                    present;                                                generally hibernate in caves and mines                located on approximately 2,050 acres of
                                                       (6) Any other issues relating to the                 during the winter. During the summer,                 leased private lands. The 34.5-kV
                                                    human environment and potential                                                                               electrical collector lines will gather the
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                                                                                                            the bats roost in live trees and snags,
                                                    impacts that we should consider with                    though they are also known to use                     electricity from the turbines in the
                                                    regard to the project planning area,                    human-made structures such as barns,                  Town of Pinckney and deliver it to the
                                                    covered activities, and potential ITP                   sheds, and bat boxes.                                 collection substation in the Town of
                                                    issuance.                                                                                                     Denmark (to be constructed as part of
                                                       You may submit your comments and                     Potential Federal Action                              Phase I). The turbines, access roads, and
                                                    materials concerning this notice by one                   The proposed Federal action that will               approximately 5.4 miles of the electrical
                                                    of the methods listed in the ADDRESSES                  be analyzed through NEPA will be the                  collector lines will be located in the
                                                    section.                                                potential issuance of an ITP to allow                 Town of Pinckney, Lewis County, New


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                                                                                   Federal Register / Vol. 80, No. 81 / Tuesday, April 28, 2015 / Notices                                            23569

                                                    York. The remaining 5.6 miles of                        interpreted to include the natural and                   A responsiveness summary to address
                                                    electrical collector lines will be located              physical environment and the                          all substantive comments received on
                                                    in the Town of Denmark, generally in                    relationship of people with that                      the DEIS during the public comment
                                                    close proximity to infrastructure                       environment. It will also analyze several             period was included as Section 4.0 of
                                                    associated with Phase I of the Project.                 alternatives to the proposed Federal                  the Final Environmental Impact
                                                    Phase II construction is anticipated to                 action, including no action and other                 Statement (FEIS). The FEIS was
                                                    begin with tree-clearing activities over                reasonable courses of action (potentially             accepted as complete by the Lead
                                                    the winter of 2016–2017, with access                    including minimization and mitigation                 Agency on July 10, 2014, and is also
                                                    road and other construction                             measures not considered in the                        available at the Project Web site (http://
                                                    commencing in the spring of 2017.                       proposed action). Relevant information                www.ownenergy.net/project-
                                                    Construction of Phase II is expected to                 provided in response to this notice will              development/our-projects/copenhagen-
                                                    be completed by December 2017.                          aid in developing the draft HCP and the               wind-farm). The Lead Agency issued its
                                                       The HCP is expected to address both                  NEPA analysis.                                        Findings Statement on August 19, 2014.
                                                    construction and operational activities                                                                       This document provides the rationale
                                                    associated with the wind energy facility.               Prior Public Outreach                                 for the Planning Board’s decision to
                                                    The covered construction activities in                    Phase I of the project has already                  approve issuance of the pending permit
                                                    the HCP are anticipated to be as follows:               undergone public review as part of the                applications, and includes discussion of
                                                    Preconstruction activities (e.g.,                       local permitting process, pursuant to the             mitigating measures that will be
                                                    geotechnical boring, installation of                    New York State Environmental Quality                  incorporated as conditions of the
                                                    sedimentation and erosion control                       Review Act (SEQRA) and its                            pending permits and approvals to avoid
                                                    measures, field demarcation of                          implementing regulations, 6 NYCRR                     or minimize adverse environmental
                                                    previously identified sensitive                         Part 617. This process was initiated on               impacts.
                                                    resources), staging area construction,                  May 5, 2012, when Copenhagen Wind                        Public review of Phase II of the
                                                    site preparation (e.g., clearing woody                  Farm, LLC submitted to the Town of                    Project has not yet been initiated.
                                                    vegetation from work areas), public road                Denmark Planning Board a full                         However, it is anticipated that the same
                                                    improvement, access road construction,                  Environmental Assessment Form (EAF)                   local permitting process used for Phase
                                                    turbine foundation construction,                        and an application for a special use                  I will be followed for Phase II (i.e., EAF,
                                                    electrical collector system installation,               permit. On July 7, 2012, the Town of                  DEIS, Public Comment Period, FEIS).
                                                    wind turbine assembly and erection,                     Denmark Planning Board forwarded a
                                                    transmission line and POI substation                                                                          Next Steps
                                                                                                            solicitation of Lead Agency status, along
                                                    construction, O&M facility construction,                                                                         In this stage of the project, we are
                                                                                                            with a copy of the EAF document, to
                                                    and turbine commissioning. The                                                                                seeking information to aid in
                                                                                                            potentially interested/involved SEQRA
                                                    covered operational activities in the                                                                         development of the NEPA analysis and
                                                                                                            agencies. No agency objected to the
                                                    HCP are anticipated to be as follows:                                                                         the draft HCP, and to inform what level
                                                                                                            Town of Denmark Planning Board
                                                    Operation of turbines and associated                                                                          of environmental analysis would be
                                                                                                            assuming the role of Lead Agency. The
                                                    electrical collection and transmission                                                                        necessary for project implementation.
                                                                                                            Town of Denmark, as Lead Agency,
                                                    equipment, scheduled and unscheduled                                                                          We will then develop a draft NEPA
                                                                                                            subsequently issued a Positive
                                                    maintenance, and environmental                                                                                document based on the ITP application,
                                                                                                            Declaration on August 7, 2012, requiring
                                                    management. Copenhagen Wind Farm,                                                                             Applicant’s draft HCP, any associated
                                                                                                            the applicant to prepare a Draft
                                                    LLC anticipates that the activities                                                                           documents, and public comments
                                                                                                            Environmental Impact Statement (DEIS).
                                                    posing the greatest risk of incidental                                                                        received through this early scoping
                                                    take of Indiana bats or northern long-                    The DEIS was accepted as complete                   effort. We may solicit additional public,
                                                    eared bats are (1) tree clearing during                 on June 4, 2013, and copies of the DEIS               agency, and Tribal input to identify the
                                                    construction, and (2) collisions with                   were subsequently delivered to                        nature and scope of the environmental
                                                    operating turbines. They do not                         involved/interested agencies, and                     issues that should be addressed during
                                                    anticipate construction or operation of                 posted to a Web site managed by                       NEPA review, following appropriate
                                                    the wind energy facility will result in                 OwnEnergy (http://www.ownenergy.net/                  public notice. We will then publish a
                                                    incidental take of any other federally                  project-development/our-projects/                     notice of availability for the draft NEPA
                                                    listed species in the planning area.                    copenhagen-wind-farm). Opportunities                  document and draft HCP and seek
                                                    Potential minimization and mitigation                   for detailed agency and public review                 additional public comment before
                                                    measures may include removal of                         were provided during the DEIS public                  completing our final analysis to
                                                    suitable roost trees during winter,                     comment period (June 4, 2013, through                 determine whether to issue an ITP.
                                                    operating turbines during periods of less               August 13, 2013), including a public
                                                    bat activity, protection and                            hearing conducted by the Lead Agency                  Public Comments
                                                    enhancement of hibernacula, and                         on July 9, 2013, at the Copenhagen                      During this 30-day public comment
                                                    protection and enhancement of Indiana                   Central School gymnasium (3020                        period (see DATES), the Service invites
                                                    bat and northern long-eared bat roosting                Mechanic Street, Copenhagen, NY).                     the public to provide comments that
                                                    and foraging habitat. The proposed                      Eleven separate ‘‘comment letters’’                   will aid our NEPA analysis. You may
                                                    duration of the ITP is 30 years.                        (hardcopy, email, and oral comments)                  submit comments by one of the methods
                                                                                                            were received, which provided 158                     shown under ADDRESSES.
                                                    NEPA Alternatives                                       individual comments that were
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                                                      The Service has not yet developed                     considered during the FEIS analysis.                  Public Availability of Comments
                                                    any NEPA alternatives to the proposed                   The comments covered a wide range of                    We will post all public comments and
                                                    Federal action (i.e., issuance of an ITP                topics addressed in the DEIS. The most                information received electronically or
                                                    conditioned on implementation of the                    commonly raised questions and                         via hardcopy on http://regulations.gov.
                                                    HCP). The NEPA analysis will assess the                 concerns pertained to biological                      All comments received, including
                                                    direct, indirect, and cumulative impacts                resources and water resources,                        names and addresses, will become part
                                                    of the proposed Federal action on the                   particularly with regard to potential                 of the administrative record and will be
                                                    human environment, comprehensively                      impacts to birds, bats, and groundwater.              available to the public. Before including


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                                                    23570                          Federal Register / Vol. 80, No. 81 / Tuesday, April 28, 2015 / Notices

                                                    your address, phone number, electronic                  Services, Bureau of Indian Affairs, 1849              marriage and whether the wife is
                                                    mail address, or other personal                         C Street NW., MS–2603–MIB,                            pregnant (for the court to determine the
                                                    identifying information in your                         Washington, DC 20240; email:                          appropriate level of support that may be
                                                    comment, you should be aware that                       Katherine.Scotta@bia.gov.                             required from the non-custodial parent).
                                                    your entire comment—including your                      FOR FURTHER INFORMATION CONTACT:                      (25 CFR 11.601) Two forms are used as
                                                    personal identifying information—will                   Katherine Scotta, (202) 208–6711. You                 part of this information collection, the
                                                    be publicly available. If you submit a                  may review the information collection                 Marriage License Application and the
                                                    hardcopy comment that includes                          request online at http://                             Dissolution of Marriage Application.
                                                    personal identifying information, you                   www.reginfo.gov. Follow the                           II. Request for Comments
                                                    may request at the top of your document                 instructions to review Department of the
                                                    that we withhold this information from                  Interior collections under review by                     On February 9, 2015, BIA published
                                                    public review. However, we cannot                       OMB.                                                  a notice announcing the renewal of this
                                                    guarantee that we will be able to do so.                                                                      information collection and provided a
                                                                                                            SUPPLEMENTARY INFORMATION:                            60-day comment period in the Federal
                                                    Authority                                                                                                     Register (80 FR 7029). There were no
                                                                                                            I. Abstract
                                                      This notice is provided pursuant to                                                                         comments received in response to this
                                                                                                               The Bureau of Indian Affairs (BIA) is
                                                    NEPA regulations (40 CFR 1501.7 and                                                                           notice.
                                                                                                            seeking renewal of the approval for the                  The BIA requests your comments on
                                                    1508.22).
                                                                                                            information collection conducted under                this collection concerning: (a) The
                                                      Dated: March 10, 2015.                                25 CFR 11.600(c) and 11.606(c). This                  necessity of this information collection
                                                    Paul R. Phifer,                                         information collection allows the Clerk
                                                                                                                                                                  for the proper performance of the
                                                    Assistant Regional Director, Ecological                 of the Court of Indian Offenses to collect
                                                                                                                                                                  functions of the agency, including
                                                    Services, Northeast Region.                             personal information necessary for a
                                                                                                                                                                  whether the information will have
                                                    [FR Doc. 2015–09806 Filed 4–27–15; 8:45 am]             Court of Indian Offenses to issue a
                                                                                                                                                                  practical utility; (b) The accuracy of the
                                                    BILLING CODE 4310–55–P                                  marriage license or dissolve a marriage.
                                                                                                                                                                  agency’s estimate of the burden (hours
                                                                                                            Courts of Indian Offenses have been
                                                                                                                                                                  and cost) of the collection of
                                                                                                            established on certain Indian
                                                                                                                                                                  information, including the validity of
                                                    DEPARTMENT OF THE INTERIOR                              reservations under the authority vested
                                                                                                                                                                  the methodology and assumptions used;
                                                                                                            in the Secretary of the Interior by 5
                                                    Bureau of Indian Affairs                                                                                      (c) Ways we could enhance the quality,
                                                                                                            U.S.C. 301 and 25 U.S.C. 2, 9, and 13,
                                                                                                            which authorize appropriations for                    utility, and clarity of the information to
                                                    [156A2100DD/AAKC001030/                                                                                       be collected; and (d) Ways we could
                                                    A0A501010.999900 253G]                                  ‘‘Indian judges.’’ The courts provide for
                                                                                                            the administration of justice for Indian              minimize the burden of the collection of
                                                                                                            tribes in those areas where the tribes                the information on the respondents.
                                                    Renewal of Agency Information
                                                                                                                                                                     Please note that an agency may not
                                                    Collection for Law and Order on Indian                  retain jurisdiction over Indians,
                                                                                                                                                                  conduct or sponsor, and an individual
                                                    Reservations—Marriage and                               exclusive of State jurisdiction, but
                                                                                                                                                                  need not respond to, a collection of
                                                    Dissolution Applications                                where tribal courts have not been
                                                                                                                                                                  information unless it displays a valid
                                                                                                            established to exercise that jurisdiction
                                                    AGENCY:   Bureau of Indian Affairs,                                                                           OMB Control Number.
                                                                                                            and the tribes has, by resolution or                     It is our policy to make all comments
                                                    Interior.                                               constitutional amendment, chosen to
                                                    ACTION: Notice of submission to OMB.                                                                          available to the public for review at the
                                                                                                            use the Court of Indian Offenses.                     location listed in the ADDRESSES section.
                                                                                                            Accordingly, Courts of Indian Offenses                Before including your address, phone
                                                    SUMMARY:  In compliance with the
                                                                                                            exercise jurisdiction under 25 CFR 11.                number, email address or other personal
                                                    Paperwork Reduction Act of 1995, the
                                                                                                            Domestic relations are governed by 25                 identifying information in your
                                                    Bureau of Indian Affairs (BIA) is
                                                                                                            CFR 11.600, which authorizes the Court                comment, you should be aware that
                                                    submitting to the Office of Management
                                                                                                            of Indian Offenses to conduct and                     your entire comment—including your
                                                    and Budget (OMB) a request for
                                                                                                            dissolve marriages. In order to obtain a              personal identifying information—may
                                                    approval for the collection of
                                                                                                            marriage licenses in a Court of Indian                be made publicly available at any time.
                                                    information for the Law and Order on
                                                                                                            Offenses, applicants must provide the                 While you can ask us in your comment
                                                    Indian Reservations—Marriage &
                                                                                                            six items of information listed in 25 CFR             to withhold your personal identifying
                                                    Dissolution Applications, which
                                                                                                            11.600(c), including identifying                      information from public review, we
                                                    concerns marriage and dissolution of a
                                                                                                            information, such a Social Security                   cannot guarantee that we will be able to
                                                    marriage in a Court of Indian Offenses.
                                                                                                            number, information on previous                       do so.
                                                    The information collection is currently
                                                                                                            marriage, relationship to the other
                                                    authorized by OMB Control Number
                                                                                                            applicant, and a certificate of the results           III. Data
                                                    1076–0094, which expires April 30,
                                                                                                            of any medical examination required by                   OMB Control Number: 1076–0094.
                                                    2015.
                                                                                                            applicable tribal ordinances or the laws                 Title: Law and Order on Indian
                                                    DATES:  Interested persons are invited to               of the State in which the Indian country              Reservations—Marriage & Dissolution
                                                    submit comments on or before May 28,                    under the jurisdiction of the Court of                Applications, 25 CFR 11.
                                                    2015.                                                   Indian Offenses is located. To dissolve                  Brief Description of Collection:
                                                    ADDRESSES: You may submit comments                      a marriage, applicants must provide the
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                                                                                                                                                                  Submission of this information allows
                                                    on the information collection to the                    six items of information listed in 25 CFR             applicants to obtain a benefit, namely,
                                                    Desk Officer for the Department of the                  11.606(c), including information on                   the issuance of a marriage license or a
                                                    Interior at the Office of Management and                occupation and residency (to establish                decree of dissolution of a marriage
                                                    Budget, by facsimile to (202) 395–5806                  jurisdiction), information on whether                 license from the Court of Indian
                                                    or you may send an email to:                            the parties have lives apart for at least             Offenses.
                                                    OIRA_Submission@omb.eop.gov. Please                     180 days or if there is serious marital                  Type of Review: Extension of
                                                    send a copy of your comments to:                        discord warranting dissolution, and                   currently approved collection.
                                                    Katherine Scotta, Office of Justice                     information on the children of the                       Respondents: Individuals.


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Document Created: 2015-12-16 08:35:25
Document Modified: 2015-12-16 08:35:25
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of initiation of scoping.
DatesWe will accept comments received or postmarked on or before May 28, 2015. Comments submitted electronically using the Federal
ContactRobyn A. Niver, by mail at U.S. Fish and Wildlife Service, 3817 Luker Road, Cortland, NY 13045, or by telephone at 607-753-9334.
FR Citation80 FR 23567 

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