80_FR_33648 80 FR 33535 - Draft Environmental Impact Statement and Draft Habitat Conservation Plan for the Na Pua Makani Wind Energy Project, Oahu, HI

80 FR 33535 - Draft Environmental Impact Statement and Draft Habitat Conservation Plan for the Na Pua Makani Wind Energy Project, Oahu, HI

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 80, Issue 113 (June 12, 2015)

Page Range33535-33537
FR Document2015-14194

We, the U.S. Fish and Wildlife Service (Service), have received an application from Na Pua Makani Power Partners, LLC (applicant), for an incidental take permit (ITP) under the Endangered Species Act of 1973, as amended (ESA). The applicant is requesting an ITP to authorize take of one threatened and six endangered species (``covered species''). If issued, the ITP would authorize incidental take of the covered species that may occur as a result of the construction and operation of the Na Pua Makani Wind Energy Project (Project). The ITP application includes a draft Habitat Conservation Plan (HCP) describing the applicant's actions and the measures the applicant will implement to minimize, mitigate, and monitor incidental take of the covered species. The Service also announces the availability of a draft Environmental Impact Statement (EIS) that has been prepared in response to the permit application in accordance with requirements of the National Environmental Policy Act (NEPA). We are making the ITP application, including the draft HCP and the draft EIS, available for public review and comment.

Federal Register, Volume 80 Issue 113 (Friday, June 12, 2015)
[Federal Register Volume 80, Number 113 (Friday, June 12, 2015)]
[Notices]
[Pages 33535-33537]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-14194]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R1-ES-2015-N008; FXES11120100000-156-FF01E00000]


Draft Environmental Impact Statement and Draft Habitat 
Conservation Plan for the Na Pua Makani Wind Energy Project, Oahu, HI

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comments.

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

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have 
received an application from Na Pua Makani Power Partners, LLC 
(applicant), for an incidental take permit (ITP) under the Endangered 
Species Act of 1973, as amended (ESA). The applicant is requesting an 
ITP to authorize take of one threatened and six endangered species 
(``covered species''). If issued, the ITP would authorize incidental 
take of the covered species that may occur as a result of the 
construction and operation of the Na Pua Makani Wind Energy Project 
(Project). The ITP application includes a draft Habitat Conservation 
Plan (HCP) describing the applicant's actions and the measures the 
applicant will implement to minimize, mitigate, and monitor incidental 
take of the covered species. The Service also announces the 
availability of a draft Environmental Impact Statement (EIS) that has 
been prepared in response to the permit application in accordance with 
requirements of the National Environmental Policy Act (NEPA). We are 
making the ITP application, including the draft HCP and the draft EIS, 
available for public review and comment.

DATES: To ensure consideration, please send your written comments by 
August 11, 2015.

ADDRESSES: To request further information or submit written comments, 
please use one of the following methods, and note that your information 
request or comments are in reference to the Na Pua Makani HCP, draft 
EIS, and the proposed issuance of the ITP:
     Internet: Documents may be viewed on the internet at 
http://www.fws.gov/pacificislands/.
     Email: NaPuaMakanihcp@fws.gov. Include ``Na Pua Makani HCP 
and draft EIS'' in the subject line of the message.
     U.S. Mail: Field Supervisor, U.S. Fish and Wildlife 
Service, Pacific Islands Fish and Wildlife Office, 300 Ala Moana 
Boulevard, Room 3-122, Honolulu, Hawaii 96850.
     Fax: 808-792-9581, Attn: Field Supervisor. Include ``Na 
Pua Makani HCP and draft EIS'' in the subject line of the message.
     In-Person Drop-off, Viewing, or Pickup: Comments and 
materials received will be available for public inspection, by 
appointment, during normal business hours at the U.S. Fish and Wildlife 
Service, Pacific Islands Fish and Wildlife Office, 300 Ala Moana 
Boulevard, Room 3-122, Honolulu, Hawaii 96850. Written comments can be 
dropped off during regular business hours at the above address on or 
before the closing date of the public comment period (see DATES).

FOR FURTHER INFORMATION CONTACT: Ms. Jodi Charrier (Renewable Energy 
Coordinator) or Mr. Aaron Nadig (Oahu, Kauai, American Samoa Geographic 
Deputy Field Supervisor), U.S. Fish and Wildlife Service (see ADDRESSES 
above); by telephone 808-792-9400; or by email at 
NaPuaMakanihcp@fws.gov. If you use a telecommunications device for the 
deaf, please call the Federal Information Relay Service at 800-877-
8339.

SUPPLEMENTARY INFORMATION: We have received an application from Na Pua 
Makani Power Partners, LLC (applicant), a subsidiary of Champlin Hawaii 
Wind Holdings, LLC, for an incidental take permit (ITP) under the ESA 
(16 U.S.C. 1531 et seq.). The applicant is requesting an ITP to 
authorize take of the threatened Newell's shearwater (Puffinus 
auricularis newelli), and the endangered Hawaiian stilt (Himantopus 
mexicanus knudseni), Hawaiian coot (Fulica americana alai), Hawaiian 
moorhen, (Gallinula chloropus sandvicensis), Hawaiian duck (Anas 
wyvilliana), Hawaiian goose (Branta

[[Page 33536]]

sandvicensis), and Hawaiian hoary bat (Lasiurus cinereus semotus) 
(collectively these seven species are hereafter referred to as the 
``covered species''). If issued, the ITP would authorize incidental 
take of the covered species that may occur as a result of the 
construction and operation of the Na Pua Makani Wind Energy Project 
(Project). The ITP application includes a draft Habitat Conservation 
Plan (HCP) describing the applicant's actions and the measures the 
applicant will implement to minimize, mitigate, and monitor incidental 
take of the covered species. The Service also announces the 
availability of a draft Environmental Impact Statement (EIS) that has 
been prepared in response to the permit application in accordance with 
requirements of the National Environmental Policy Act (NEPA). We are 
making the ITP application, including the draft HCP and the draft EIS, 
available for public review and comment.

Background

    Section 9 of the ESA prohibits take of fish and wildlife species 
listed as endangered or threatened under section 4 of the ESA. Under 
the ESA, the term ``take'' means to harass, harm, pursue, hunt, shoot, 
wound, kill, trap, capture, or collect, or to attempt to engage in any 
such conduct (16 U.S.C. 1532(19)). The term ``harm,'' as defined in our 
regulations, includes significant habitat modification or degradation 
that results in death or injury to listed species by significantly 
impairing essential behavioral patterns, including breeding, feeding, 
or sheltering (50 CFR 17.3). The term ``harass'' is defined in our 
regulations as to carry out actions that create the likelihood of 
injury to listed species to such an extent as to significantly disrupt 
normal behavioral patterns, which include, but are not limited to, 
breeding, feeding, or sheltering (50 CFR 17.3).
    However, under specified circumstances, the Service may issue 
permits that authorize take of federally listed species, provided the 
take is incidental to, but not the purpose of, an otherwise lawful 
activity. Regulations governing permits for endangered and threatened 
species are at 50 CFR 17.22 and 17.32, respectively. Section 
10(a)(1)(B) of the ESA contains provisions for issuing such incidental 
take permits to non-Federal entities for the take of endangered and 
threatened species, provided the following criteria are met:
    (1) The taking will be incidental;
    (2) The applicant will prepare a conservation plan that, to the 
maximum extent practicable, identifies the steps the applicant will 
take to minimize and mitigate the impact of such taking;
    (3) The applicant will ensure that adequate funding for the plan 
will be provided;
    (4) The taking will not appreciably reduce the likelihood of the 
survival and recovery of the species in the wild; and
    (5) The applicant will carry out any other measures that the 
Service may require as being necessary or appropriate for the purposes 
of the plan.

Proposed Action

    The applicant proposes to construct and operate the wind energy 
generation Project on approximately 707 acres of public and private 
lands near the town of Kahuku on the island of Oahu, Hawaii. The 
western portion of the Project would be located on about 254 acres of 
State of Hawaii lands managed by the Department of Land and Natural 
Resources (DLNR). The eastern portion of the Project would be located 
on about 452 acres of land owned by the Malaekahana Hui West, LLC. 
Additional parcels would be used to access the Project, for which the 
applicant would utilize temporary entry permits, licenses or easements.
    The proposed Project would have a generating capacity of up to 
approximately 25 megawatts (MW) and would supply wind-generated 
electricity to the Hawaii Electric Company (HECO). The Project would 
consist of up to 10 wind turbine generators (WTGs), 1 permanent un-
guyed lattice-frame meteorological tower, up to 5.5 miles of new and 
existing access roads, an operations and maintenance facility, 
electrical collection and interconnection infrastructure, an electrical 
substation, and a temporary laydown area. The applicant is considering 
a variety of WTG models ranging in height and generating capacity. 
Project WTGs could range in generating capacity from 1.7 MW models to 
3.3 MW, and the maximum blade tip height could range from 427 feet to 
512 feet above ground level. The applicant will select the most 
appropriate WTGs prior to construction.
    The proposed Project area is surrounded by agricultural farm lands 
to the north; residential housing, community infrastructure, and 
agricultural farm lands to the east; a mixture of agricultural farm 
lands and undeveloped forest lands to the south; and undeveloped forest 
lands to the west. The James Campbell National Wildlife Refuge is 
approximately 0.75 mile to the north, and the Malaekahana State 
Recreation Area is 0.1 mile to the east. The operational 30-MW Kahuku 
wind project abuts the proposed Project area to the northwest.
    The proposed Project is located on Oahu, where Hawaiian hoary bats 
are known to have collided with wind turbine structures at the existing 
30-MW Kahuku and 69-MW Kawailoa wind projects. The Hawaiian goose and 
Hawaiian hoary bat are also known to have collided with wind turbine 
structures at the existing 30-MW Kaheawa I and the 21-MW Kaheawa II 
wind projects on Maui. The Hawaiian hoary bat is also known to have 
collided with wind turbine structures at the existing the 21-MW Auwahi 
wind project on Maui. The Hawaiian goose occurs in the vicinity of the 
proposed Project and may collide with Project structures. Acoustic 
monitoring indicates that the Hawaii hoary bat flies in the area 
proposed for wind turbine development, and that this species may roost 
in the Project site. Although there have been no known occurrences of 
Newell's shearwaters, Hawaiian stilts, Hawaiian coots, Hawaiian 
moorhens, or Hawaiian ducks colliding with wind turbine structures 
within the State of Hawaii, these covered species may be affected by 
the applicant's activities associated with the construction and 
operation of the Project.
    The applicant has developed a draft HCP that addresses the 
incidental take of the seven covered species that may occur as a result 
of the construction and operation of the Project over a period of 21 
years. The draft HCP addresses proposed measures the applicant will 
implement to minimize, mitigate, and monitor incidental take of the 
covered species. The applicant has also applied for a State of Hawaii 
incidental take license under Hawaii State law.
    To offset anticipated take, the applicant is proposing mitigation 
measures on Oahu that include: (1) Funding research to support 
management of Newell's shearwaters; (2) fencing and predator control to 
conserve the Hawaiian goose at James Campbell National Wildlife Refuge; 
(3) a combination of bat research and native forest restoration and 
management to increase Hawaiian hoary bat habitat; (4) acoustic surveys 
to document the occupancy of the Hawaiian hoary bat; and (5) fencing 
and public outreach at Hamakua Marsh to benefit conservation of the 
Hawaiian stilt, Hawaiian coot, Hawaiian moorhen and the Hawaiian duck. 
This HCP incorporates adaptive management provisions to allow for 
modifications to the mitigation and monitoring measures as knowledge is 
gained during implementation of the HCP.

[[Page 33537]]

    The Service proposes to approve the HCP and to issue an ITP with a 
term of 21 years to the applicant for incidental take of the covered 
species caused by covered activities associated with the construction 
and operation of the Project, if permit issuance criteria are met.

National Environmental Policy Act Compliance

    The development of the draft HCP and the proposed issuance of an 
ITP under this plan is a Federal action that triggers the need for 
compliance with NEPA (42 U.S.C. 4321 et seq.). We have prepared a draft 
EIS to analyze the environmental impacts of three alternatives related 
to the issuance of the ITP and implementation of the conservation 
program under the proposed HCP. The three alternatives include the 
proposed action, a no-action alternative, and a larger wind energy 
generation project alternative.
    The proposed action alternative is construction and operation of 
the Project, implementation of the HCP, and issuance of the ITP.
    Under the no-action alternative, the proposed Project would not be 
constructed, the proposed HCP would not be implemented, and no ITP 
would be issued.
    The larger wind energy generation project alternative would include 
the construction and operation of a larger generation facility of up to 
42 MW. This alternative would consist of up to 12 WTGs, each with a 
generating capacity of up to 3.3 MW, implementation of a HCP, and 
issuance of the ITP.

Public Comments

    You may submit your comments and materials by one of the methods 
listed in the ADDRESSES section. We specifically request information, 
views, and opinions from the public on our proposed Federal action, 
including identification of any other aspects of the human environment 
not already identified in the draft EIS pursuant to NEPA regulations in 
the Code of Federal Regulations (CFR) at 40 CFR 1506.6. Further, we 
specifically solicit information regarding the adequacy of the Na Pua 
Makani Wind Energy Project pursuant to the requirements for ITPs at 50 
CFR parts 13 and 17.

Public Availability of Comments

    All comments and materials we receive become part of the public 
record associated with this action. Before including your address, 
phone number, email address, or other personally identifiable 
information in your comments, you should be aware that your entire 
comment--including your personally identifiable information--may be 
made publicly available at any time. While you can ask us in your 
comment to withhold your personally identifiable information from 
public review, we cannot guarantee that we will be able to do so. All 
submissions from organizations or businesses, and from individuals 
identifying themselves as representatives or officials of organizations 
or businesses, will be made available for public disclosure in their 
entirety. Comments and materials we receive, as well as supporting 
documentation we use in preparing the EIS, will be available for public 
inspection by appointment, during normal business hours, at our Pacific 
Islands Field Office (see ADDRESSES).

Next Steps

    We will evaluate the permit application, associated documents, and 
public comments in reaching a final decision on whether the application 
meets the requirements of section 10(a) of the ESA (16 U.S.C. 1531 et 
seq.). The HCP and EIS may change in response to public comments. We 
will prepare responses to public comments and publish a notice of 
availability of the final HCP and final EIS. We will also evaluate 
whether the proposed permit action would comply with section 7 of the 
ESA by conducting an intra-Service section 7 consultation. We will use 
the results of this consultation, in combination with the above 
findings, in our final analysis to determine whether or not to issue an 
ITP. If the requirements are met, we will issue the ITP to the 
applicant. We will issue a record of decision and issue or deny the ITP 
no sooner than 30 days after publication of the notice of availability 
of the final EIS.

Authority

    We provide this notice in accordance with the requirements of 
section 10(c) of the ESA and its implementing regulations (50 CFR 17.22 
and 17.32) and NEPA and its implementing regulations (40 CFR 1506.6).

Richard Hannan,
Deputy Regional Director, Pacific Region, U.S. Fish and Wildlife 
Service, Portland, Oregon.
[FR Doc. 2015-14194 Filed 6-11-15; 8:45 am]
BILLING CODE 4310-55-P



                                                                                  Federal Register / Vol. 80, No. 113 / Friday, June 12, 2015 / Notices                                           33535

                                                  Reasons: Secured Area                                   2600 Ent Avenue                                        EIS, available for public review and
                                                  Massachusetts                                           Niagara Falls IAP–ARS NY 14304                         comment.
                                                                                                          Landholding Agency: Air Force
                                                  2 Buildings                                             Property Number: 18201520024                           DATES: To ensure consideration, please
                                                  Hanscom AFB                                             Status: Unutilized                                     send your written comments by August
                                                  Hanscom AFB MA 01731                                    Comments: public access denied and no                  11, 2015.
                                                  Landholding Agency: Air Force                             alternative method to gain access without            ADDRESSES: To request further
                                                  Property Number: 18201520018                              compromising national security.
                                                  Status: Excess                                                                                                 information or submit written
                                                                                                          Reasons: Secured Area                                  comments, please use one of the
                                                  Directions: Building 1218 & B1217
                                                  Comments: public access denied and no                   Land                                                   following methods, and note that your
                                                    alternative method to gain access without             South Carolina                                         information request or comments are in
                                                    compromising national security.                                                                              reference to the Na Pua Makani HCP,
                                                                                                          0.24 Acre Parcel Yellow House
                                                  Reasons: Secured Area
                                                                                                          JB Charleston
                                                                                                                                                                 draft EIS, and the proposed issuance of
                                                  Mississippi                                             Charleston SC 29492                                    the ITP:
                                                  2 Buildings                                             Landholding Agency: Air Force                             • Internet: Documents may be viewed
                                                  Columbus AFB                                            Property Number: 18201520019                           on the internet at http://www.fws.gov/
                                                  Columbus AFB MS 39710                                   Status: Unutilized                                     pacificislands/.
                                                  Landholding Agency: Air Force                           Comments: property located within floodway                • Email: NaPuaMakanihcp@fws.gov.
                                                  Property Number: 18201520016                              which has not been correct or contained.             Include ‘‘Na Pua Makani HCP and draft
                                                  Status: Excess                                          Reasons: Floodway                                      EIS’’ in the subject line of the message.
                                                  Directions: Building 226 & 1004                         [FR Doc. 2015–14190 Filed 6–11–15; 8:45 am]               • U.S. Mail: Field Supervisor, U.S.
                                                  Comments: public access denied and no                   BILLING CODE 4210–67–P                                 Fish and Wildlife Service, Pacific
                                                    alternative method to gain access without                                                                    Islands Fish and Wildlife Office, 300
                                                    compromising national security.                                                                              Ala Moana Boulevard, Room 3–122,
                                                  Reasons: Secured Area
                                                                                                                                                                 Honolulu, Hawaii 96850.
                                                  Building 435                                            DEPARTMENT OF THE INTERIOR                                • Fax: 808–792–9581, Attn: Field
                                                  57 Simler Blvd.                                                                                                Supervisor. Include ‘‘Na Pua Makani
                                                  Columbus AFB MS 39710                                   Fish and Wildlife Service
                                                                                                                                                                 HCP and draft EIS’’ in the subject line
                                                  Landholding Agency: Air Force
                                                  Property Number: 18201520017
                                                                                                          [FWS–R1–ES–2015–N008;                                  of the message.
                                                  Status: Unutilized
                                                                                                          FXES11120100000–156–FF01E00000]                           • In-Person Drop-off, Viewing, or
                                                  Comments: public access denied and no                                                                          Pickup: Comments and materials
                                                    alternative method to gain access without
                                                                                                          Draft Environmental Impact Statement                   received will be available for public
                                                    compromising national security.                       and Draft Habitat Conservation Plan                    inspection, by appointment, during
                                                  Reasons: Secured Area                                   for the Na Pua Makani Wind Energy                      normal business hours at the U.S. Fish
                                                  Nevada
                                                                                                          Project, Oahu, HI                                      and Wildlife Service, Pacific Islands
                                                  2 Buildings                                             AGENCY:   Fish and Wildlife Service,                   Fish and Wildlife Office, 300 Ala Moana
                                                  Nellis AFB                                              Interior.                                              Boulevard, Room 3–122, Honolulu,
                                                  Nellis AFB NV 89191                                                                                            Hawaii 96850. Written comments can be
                                                                                                          ACTION: Notice of availability; request
                                                  Landholding Agency: Air Force                                                                                  dropped off during regular business
                                                                                                          for comments.
                                                  Property Number: 18201520007                                                                                   hours at the above address on or before
                                                  Status: Unutilized                                      SUMMARY:    We, the U.S. Fish and                      the closing date of the public comment
                                                  Directions: Facility 10220 & Facility 892                                                                      period (see DATES).
                                                  Comments: public access denied and no
                                                                                                          Wildlife Service (Service), have received
                                                                                                          an application from Na Pua Makani                      FOR FURTHER INFORMATION CONTACT: Ms.
                                                    alternative method to gain access without
                                                    compromising national security.                       Power Partners, LLC (applicant), for an                Jodi Charrier (Renewable Energy
                                                  Reasons: Secured Area                                   incidental take permit (ITP) under the                 Coordinator) or Mr. Aaron Nadig (Oahu,
                                                  5 Buildings                                             Endangered Species Act of 1973, as                     Kauai, American Samoa Geographic
                                                  Creech AFB                                              amended (ESA). The applicant is                        Deputy Field Supervisor), U.S. Fish and
                                                  Creech AFB NV 89018                                     requesting an ITP to authorize take of                 Wildlife Service (see ADDRESSES above);
                                                  Landholding Agency: Air Force                           one threatened and six endangered                      by telephone 808–792–9400; or by email
                                                  Property Number: 18201520009                            species (‘‘covered species’’). If issued,              at NaPuaMakanihcp@fws.gov. If you use
                                                  Status: Unutilized                                      the ITP would authorize incidental take                a telecommunications device for the
                                                  Directions: Facility #6, 7, 8,86,2381                   of the covered species that may occur as               deaf, please call the Federal Information
                                                  Comments: public access denied and no                                                                          Relay Service at 800–877–8339.
                                                    alternative method to gain access without
                                                                                                          a result of the construction and
                                                    compromising national security.                       operation of the Na Pua Makani Wind                    SUPPLEMENTARY INFORMATION: We have
                                                  Reasons: Secured Area                                   Energy Project (Project). The ITP                      received an application from Na Pua
                                                  New Mexico
                                                                                                          application includes a draft Habitat                   Makani Power Partners, LLC (applicant),
                                                                                                          Conservation Plan (HCP) describing the                 a subsidiary of Champlin Hawaii Wind
                                                  2 Buildings                                             applicant’s actions and the measures the               Holdings, LLC, for an incidental take
                                                  Kirtland AFB
                                                  Bernalillo NM 87117
                                                                                                          applicant will implement to minimize,                  permit (ITP) under the ESA (16 U.S.C.
                                                  Landholding Agency: Air Force                           mitigate, and monitor incidental take of               1531 et seq.). The applicant is
                                                  Property Number: 18201520014                            the covered species. The Service also                  requesting an ITP to authorize take of
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  Status: Underutilized                                   announces the availability of a draft                  the threatened Newell’s shearwater
                                                  Directions: Building 1026, 2426                         Environmental Impact Statement (EIS)                   (Puffinus auricularis newelli), and the
                                                  Comments: public access denied and no                   that has been prepared in response to                  endangered Hawaiian stilt (Himantopus
                                                    alternative method to gain access without             the permit application in accordance                   mexicanus knudseni), Hawaiian coot
                                                    compromising national security.                       with requirements of the National                      (Fulica americana alai), Hawaiian
                                                  Reasons: Secured Area                                   Environmental Policy Act (NEPA). We                    moorhen, (Gallinula chloropus
                                                  New York                                                are making the ITP application,                        sandvicensis), Hawaiian duck (Anas
                                                  Building 811                                            including the draft HCP and the draft                  wyvilliana), Hawaiian goose (Branta


                                             VerDate Sep<11>2014   19:05 Jun 11, 2015   Jkt 235001   PO 00000   Frm 00061   Fmt 4703   Sfmt 4703   E:\FR\FM\12JNN1.SGM   12JNN1


                                                  33536                           Federal Register / Vol. 80, No. 113 / Friday, June 12, 2015 / Notices

                                                  sandvicensis), and Hawaiian hoary bat                   extent practicable, identifies the steps               east. The operational 30–MW Kahuku
                                                  (Lasiurus cinereus semotus)                             the applicant will take to minimize and                wind project abuts the proposed Project
                                                  (collectively these seven species are                   mitigate the impact of such taking;                    area to the northwest.
                                                  hereafter referred to as the ‘‘covered                    (3) The applicant will ensure that                      The proposed Project is located on
                                                  species’’). If issued, the ITP would                    adequate funding for the plan will be                  Oahu, where Hawaiian hoary bats are
                                                  authorize incidental take of the covered                provided;                                              known to have collided with wind
                                                  species that may occur as a result of the                 (4) The taking will not appreciably                  turbine structures at the existing 30–
                                                  construction and operation of the Na                    reduce the likelihood of the survival                  MW Kahuku and 69–MW Kawailoa
                                                  Pua Makani Wind Energy Project                          and recovery of the species in the wild;               wind projects. The Hawaiian goose and
                                                  (Project). The ITP application includes a               and                                                    Hawaiian hoary bat are also known to
                                                  draft Habitat Conservation Plan (HCP)                     (5) The applicant will carry out any                 have collided with wind turbine
                                                  describing the applicant’s actions and                  other measures that the Service may                    structures at the existing 30–MW
                                                  the measures the applicant will                         require as being necessary or                          Kaheawa I and the 21–MW Kaheawa II
                                                  implement to minimize, mitigate, and                    appropriate for the purposes of the plan.              wind projects on Maui. The Hawaiian
                                                  monitor incidental take of the covered                  Proposed Action                                        hoary bat is also known to have collided
                                                  species. The Service also announces the                                                                        with wind turbine structures at the
                                                  availability of a draft Environmental                     The applicant proposes to construct                  existing the 21–MW Auwahi wind
                                                  Impact Statement (EIS) that has been                    and operate the wind energy generation                 project on Maui. The Hawaiian goose
                                                  prepared in response to the permit                      Project on approximately 707 acres of                  occurs in the vicinity of the proposed
                                                  application in accordance with                          public and private lands near the town                 Project and may collide with Project
                                                  requirements of the National                            of Kahuku on the island of Oahu,                       structures. Acoustic monitoring
                                                  Environmental Policy Act (NEPA). We                     Hawaii. The western portion of the                     indicates that the Hawaii hoary bat flies
                                                  are making the ITP application,                         Project would be located on about 254                  in the area proposed for wind turbine
                                                  including the draft HCP and the draft                   acres of State of Hawaii lands managed                 development, and that this species may
                                                  EIS, available for public review and                    by the Department of Land and Natural                  roost in the Project site. Although there
                                                  comment.                                                Resources (DLNR). The eastern portion                  have been no known occurrences of
                                                                                                          of the Project would be located on about               Newell’s shearwaters, Hawaiian stilts,
                                                  Background                                              452 acres of land owned by the                         Hawaiian coots, Hawaiian moorhens, or
                                                     Section 9 of the ESA prohibits take of               Malaekahana Hui West, LLC. Additional                  Hawaiian ducks colliding with wind
                                                  fish and wildlife species listed as                     parcels would be used to access the                    turbine structures within the State of
                                                  endangered or threatened under section                  Project, for which the applicant would                 Hawaii, these covered species may be
                                                  4 of the ESA. Under the ESA, the term                   utilize temporary entry permits, licenses              affected by the applicant’s activities
                                                  ‘‘take’’ means to harass, harm, pursue,                 or easements.                                          associated with the construction and
                                                  hunt, shoot, wound, kill, trap, capture,                  The proposed Project would have a                    operation of the Project.
                                                  or collect, or to attempt to engage in any              generating capacity of up to                              The applicant has developed a draft
                                                  such conduct (16 U.S.C. 1532(19)). The                  approximately 25 megawatts (MW) and                    HCP that addresses the incidental take
                                                  term ‘‘harm,’’ as defined in our                        would supply wind-generated                            of the seven covered species that may
                                                  regulations, includes significant habitat               electricity to the Hawaii Electric                     occur as a result of the construction and
                                                  modification or degradation that results                Company (HECO). The Project would                      operation of the Project over a period of
                                                  in death or injury to listed species by                 consist of up to 10 wind turbine                       21 years. The draft HCP addresses
                                                  significantly impairing essential                       generators (WTGs), 1 permanent un-                     proposed measures the applicant will
                                                  behavioral patterns, including breeding,                guyed lattice-frame meteorological                     implement to minimize, mitigate, and
                                                  feeding, or sheltering (50 CFR 17.3). The               tower, up to 5.5 miles of new and                      monitor incidental take of the covered
                                                  term ‘‘harass’’ is defined in our                       existing access roads, an operations and               species. The applicant has also applied
                                                  regulations as to carry out actions that                maintenance facility, electrical                       for a State of Hawaii incidental take
                                                  create the likelihood of injury to listed               collection and interconnection                         license under Hawaii State law.
                                                  species to such an extent as to                         infrastructure, an electrical substation,                 To offset anticipated take, the
                                                  significantly disrupt normal behavioral                 and a temporary laydown area. The                      applicant is proposing mitigation
                                                  patterns, which include, but are not                    applicant is considering a variety of                  measures on Oahu that include: (1)
                                                  limited to, breeding, feeding, or                       WTG models ranging in height and                       Funding research to support
                                                  sheltering (50 CFR 17.3).                               generating capacity. Project WTGs could                management of Newell’s shearwaters;
                                                     However, under specified                             range in generating capacity from 1.7                  (2) fencing and predator control to
                                                  circumstances, the Service may issue                    MW models to 3.3 MW, and the                           conserve the Hawaiian goose at James
                                                  permits that authorize take of federally                maximum blade tip height could range                   Campbell National Wildlife Refuge; (3)
                                                  listed species, provided the take is                    from 427 feet to 512 feet above ground                 a combination of bat research and native
                                                  incidental to, but not the purpose of, an               level. The applicant will select the most              forest restoration and management to
                                                  otherwise lawful activity. Regulations                  appropriate WTGs prior to construction.                increase Hawaiian hoary bat habitat; (4)
                                                  governing permits for endangered and                      The proposed Project area is                         acoustic surveys to document the
                                                  threatened species are at 50 CFR 17.22                  surrounded by agricultural farm lands to               occupancy of the Hawaiian hoary bat;
                                                  and 17.32, respectively. Section                        the north; residential housing,                        and (5) fencing and public outreach at
                                                  10(a)(1)(B) of the ESA contains                         community infrastructure, and                          Hamakua Marsh to benefit conservation
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                                                  provisions for issuing such incidental                  agricultural farm lands to the east; a                 of the Hawaiian stilt, Hawaiian coot,
                                                  take permits to non-Federal entities for                mixture of agricultural farm lands and                 Hawaiian moorhen and the Hawaiian
                                                  the take of endangered and threatened                   undeveloped forest lands to the south;                 duck. This HCP incorporates adaptive
                                                  species, provided the following criteria                and undeveloped forest lands to the                    management provisions to allow for
                                                  are met:                                                west. The James Campbell National                      modifications to the mitigation and
                                                     (1) The taking will be incidental;                   Wildlife Refuge is approximately 0.75                  monitoring measures as knowledge is
                                                     (2) The applicant will prepare a                     mile to the north, and the Malaekahana                 gained during implementation of the
                                                  conservation plan that, to the maximum                  State Recreation Area is 0.1 mile to the               HCP.


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                                                                                  Federal Register / Vol. 80, No. 113 / Friday, June 12, 2015 / Notices                                            33537

                                                    The Service proposes to approve the                   your entire comment—including your                     DEPARTMENT OF THE INTERIOR
                                                  HCP and to issue an ITP with a term of                  personally identifiable information—
                                                  21 years to the applicant for incidental                may be made publicly available at any                  Fish and Wildlife Service
                                                  take of the covered species caused by                   time. While you can ask us in your                     [FWS–R3–ES–2015–0033; FF03E00000–
                                                  covered activities associated with the                  comment to withhold your personally                    FXES11120300000–156]
                                                  construction and operation of the                       identifiable information from public
                                                  Project, if permit issuance criteria are                review, we cannot guarantee that we                    Draft Environmental Impact Statement
                                                  met.                                                    will be able to do so. All submissions                 for the Proposed Midwest Wind Energy
                                                                                                          from organizations or businesses, and                  Multi-Species Habitat Conservation
                                                  National Environmental Policy Act
                                                                                                          from individuals identifying themselves                Plan
                                                  Compliance
                                                     The development of the draft HCP                     as representatives or officials of                     AGENCY:   Fish and Wildlife Service,
                                                  and the proposed issuance of an ITP                     organizations or businesses, will be                   Interior.
                                                  under this plan is a Federal action that                made available for public disclosure in                ACTION: Notice of intent to prepare an
                                                  triggers the need for compliance with                   their entirety. Comments and materials                 environmental impact statement; notice
                                                  NEPA (42 U.S.C. 4321 et seq.). We have                  we receive, as well as supporting                      of scoping meeting and request for
                                                  prepared a draft EIS to analyze the                     documentation we use in preparing the                  comments.
                                                  environmental impacts of three                          EIS, will be available for public
                                                                                                                                                                 SUMMARY:    We, the U.S. Fish and
                                                  alternatives related to the issuance of                 inspection by appointment, during
                                                                                                                                                                 Wildlife Service (Service), advise the
                                                  the ITP and implementation of the                       normal business hours, at our Pacific                  public that we intend to prepare an
                                                  conservation program under the                          Islands Field Office (see ADDRESSES).                  environmental impact statement (EIS) to
                                                  proposed HCP. The three alternatives                                                                           evaluate the impacts of several
                                                                                                          Next Steps
                                                  include the proposed action, a no-action                                                                       alternatives relating to the proposed
                                                  alternative, and a larger wind energy                      We will evaluate the permit                         issuance of Endangered Species Act
                                                  generation project alternative.                         application, associated documents, and                 (ESA) Incidental Take Permits (Permit(s)
                                                     The proposed action alternative is                   public comments in reaching a final                    or ITP(s)) under the Midwest Wind
                                                  construction and operation of the                                                                              Energy Multi-Species Habitat
                                                                                                          decision on whether the application
                                                  Project, implementation of the HCP, and                                                                        Conservation Plan (MSHCP). We also
                                                                                                          meets the requirements of section 10(a)
                                                  issuance of the ITP.                                                                                           provide this notice to announce a public
                                                     Under the no-action alternative, the                 of the ESA (16 U.S.C. 1531 et seq.). The
                                                                                                          HCP and EIS may change in response to                  scoping period.
                                                  proposed Project would not be                                                                                     The MSHCP is being prepared by the
                                                  constructed, the proposed HCP would                     public comments. We will prepare
                                                                                                          responses to public comments and                       Service and their planning partners for
                                                  not be implemented, and no ITP would                                                                           wind energy development within an
                                                  be issued.                                              publish a notice of availability of the
                                                                                                          final HCP and final EIS. We will also                  eight-state Plan Area. The activities
                                                     The larger wind energy generation
                                                                                                          evaluate whether the proposed permit                   covered under the MSHCP (‘‘Covered
                                                  project alternative would include the
                                                                                                                                                                 Activities’’) include the construction,
                                                  construction and operation of a larger                  action would comply with section 7 of
                                                                                                                                                                 operation, maintenance, and
                                                  generation facility of up to 42 MW. This                the ESA by conducting an intra-Service
                                                                                                                                                                 decommissioning of wind energy
                                                  alternative would consist of up to 12                   section 7 consultation. We will use the
                                                                                                                                                                 facilities within portions of the Plan
                                                  WTGs, each with a generating capacity                   results of this consultation, in                       Area where ESA incidental take
                                                  of up to 3.3 MW, implementation of a                    combination with the above findings, in                coverage may be considered, as well as
                                                  HCP, and issuance of the ITP.                           our final analysis to determine whether                activities associated with the
                                                  Public Comments                                         or not to issue an ITP. If the                         management of mitigation lands. The
                                                                                                          requirements are met, we will issue the                planning partners have requested
                                                    You may submit your comments and
                                                                                                          ITP to the applicant. We will issue a                  incidental take coverage for eight
                                                  materials by one of the methods listed
                                                                                                          record of decision and issue or deny the               species in the MSHCP (‘‘Covered
                                                  in the ADDRESSES section. We
                                                  specifically request information, views,                ITP no sooner than 30 days after                       Species’’), including six species that are
                                                  and opinions from the public on our                     publication of the notice of availability              federally listed, one species that is not
                                                  proposed Federal action, including                      of the final EIS.                                      federally listed but may become listed
                                                  identification of any other aspects of the                                                                     during the term of the MSHCP, and the
                                                                                                          Authority
                                                  human environment not already                                                                                  bald eagle (Haliaeetus leucocephalus),
                                                  identified in the draft EIS pursuant to                   We provide this notice in accordance                 which is protected under the Bald and
                                                  NEPA regulations in the Code of Federal                 with the requirements of section 10(c) of              Golden Eagle Protection Act (Eagle Act;
                                                  Regulations (CFR) at 40 CFR 1506.6.                     the ESA and its implementing                           50 CFR 22.11). As allowed under the
                                                  Further, we specifically solicit                        regulations (50 CFR 17.22 and 17.32)                   Eagle Act, we anticipate extending Eagle
                                                  information regarding the adequacy of                   and NEPA and its implementing                          Act take authorization for bald eagle
                                                  the Na Pua Makani Wind Energy Project                                                                          through the section 10(a)(1)(B) permit(s)
                                                                                                          regulations (40 CFR 1506.6).
                                                  pursuant to the requirements for ITPs at                                                                       associated with the MSHCP, provided
                                                  50 CFR parts 13 and 17.                                 Richard Hannan,                                        permittees are in full compliance with
                                                                                                          Deputy Regional Director, Pacific Region, U.S.         the terms and conditions of the ITP and
                                                  Public Availability of Comments                                                                                Eagle Act.
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                                                                                                          Fish and Wildlife Service, Portland, Oregon.
                                                    All comments and materials we                         [FR Doc. 2015–14194 Filed 6–11–15; 8:45 am]            DATES: The public scoping period begins
                                                  receive become part of the public record                BILLING CODE 4310–55–P
                                                                                                                                                                 with the publication of this notice in the
                                                  associated with this action. Before                                                                            Federal Register and will continue
                                                  including your address, phone number,                                                                          through August 11, 2015. The Service
                                                  email address, or other personally                                                                             will consider all comments on the scope
                                                  identifiable information in your                                                                               of the EIS analysis that are received or
                                                  comments, you should be aware that                                                                             postmarked by this date. Comments


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Document Created: 2018-02-22 10:16:37
Document Modified: 2018-02-22 10:16:37
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 availability; request for comments.
DatesTo ensure consideration, please send your written comments by August 11, 2015.
ContactMs. Jodi Charrier (Renewable Energy Coordinator) or Mr. Aaron Nadig (Oahu, Kauai, American Samoa Geographic
FR Citation80 FR 33535 

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