81_FR_45307 81 FR 45174 - Final Environmental Impact Statement and Final Habitat Conservation Plan for the Na Pua Makani Wind Energy Project, Oahu, HI

81 FR 45174 - Final Environmental Impact Statement and Final Habitat Conservation Plan for the Na Pua Makani Wind Energy Project, Oahu, HI

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 81, Issue 133 (July 12, 2016)

Page Range45174-45176
FR Document2016-16082

We, the U.S. Fish and Wildlife Service (Service), announce the availability of the final environmental impact statement (EIS) and final habitat conservation plan (HCP) for Na Pua Makani Power Partners, LLC's (applicant) Na Pua Makani Wind Energy Project (Project). The applicant is requesting an incidental take permit (ITP) to authorize take of one threatened and six endangered species (covered species) listed under the Endangered Species Act of 1973, as amended (ESA). 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 Project over a 21-year period. The HCP describes the applicant's actions and measures to minimize, mitigate, and monitor incidental take of the covered species. The final EIS has been prepared in response to the permit application in accordance with requirements of the National Environmental Policy Act (NEPA).

Federal Register, Volume 81 Issue 133 (Tuesday, July 12, 2016)
[Federal Register Volume 81, Number 133 (Tuesday, July 12, 2016)]
[Notices]
[Pages 45174-45176]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-16082]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R1-ES-2016-N086; FXES11120100000-167-FF01E00000]


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

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability.

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

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the 
availability of the final environmental impact statement (EIS) and 
final habitat conservation plan (HCP) for Na Pua Makani Power Partners, 
LLC's (applicant) Na Pua Makani Wind Energy Project (Project). The 
applicant is requesting an incidental take permit (ITP) to authorize 
take of one threatened and six endangered species (covered species) 
listed under the Endangered Species Act of 1973, as amended (ESA). 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 
Project over a 21-year period. The HCP describes the applicant's 
actions and measures to minimize, mitigate, and monitor incidental take 
of the covered species. The final EIS has been prepared in response to 
the permit application in accordance with requirements of the National 
Environmental Policy Act (NEPA).

DATES: The Service's decision on issuance of an ITP will occur no 
sooner than 30 days after the publication of the U.S. Environmental 
Protection Agency's notice of the final EIS in the Federal Register and 
will be documented in a Record of Decision (ROD).

ADDRESSES: You may obtain copies of the final EIS and final HCP by one 
of the following methods.
     Internet: Documents may be viewed and downloaded on the 
Internet at http://www.fws.gov/pacificislands/.
     U.S. Mail: You may obtain a compact disk with electronic 
copies of these documents by writing to Mary Abrams, Field Supervisor; 
U.S. Fish and Wildlife Service; Pacific Islands Fish and Wildlife 
Office; 300 Ala Moana Boulevard, Room 3-122; Honolulu, HI 96850.
     Telephone: Call 808-792-9400 during regular business 
hours.

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 
[email protected]. If you use a telecommunications device for the 
deaf, please call the Federal Information Relay Service (FIRS) at 800-
877-8339.

SUPPLEMENTARY INFORMATION: We are advising the public of the 
availability of the final EIS and final HCP associated with an ITP 
application. The applicant is requesting an ITP for a 21-year permit 
term to authorize take of the threatened Newell's shearwater (Puffinus 
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 sandvicensis), and the Hawaiian hoary bat 
(Lasiurus cinereus semotus) that may occur as a result of the 
construction and operation of the Project. The final HCP describes the 
applicant's actions and the measures the applicant will implement to 
minimize, mitigate, and monitor incidental take of the covered species. 
Additionally, the Project would be partially located on State of Hawaii 
lands, triggering environmental review under the Hawaii Environmental 
Policy Act (HEPA) (Chapter 343 of the Hawaii Revised Statutes (HRS)).

Background

    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 255 acres of 
State of Hawaii lands managed by the Hawaii Department of Land and 
Natural Resources. 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

[[Page 45175]]

would supply wind-generated electricity to the Hawaii Electric Company. 
The Project would consist of 8 to 10 wind turbine generators (WTGs), 1 
permanent un-guyed lattice-frame meteorological tower, up to 4.9 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, each ranging from 427 feet to 656 
feet in height, and having up to 3.3 MW of generating capacity. The 
applicant will select the most appropriate WTGs prior to construction. 
The selection of the WTG models would not change the impacts to the 
covered species analyzed in the EIS.
    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.
    Acoustic monitoring has confirmed the presence of the Hawaiian 
hoary bat in the vicinity of the Project site. Hawaiian hoary bats have 
collided with wind turbines at the 30-MW Kahuku and 69-MW Kawailoa wind 
projects on Oahu, and at the 30-MW Kaheawa I, 21-MW Kaheawa II, and 21-
MW Auwahi wind projects on Maui. The Hawaiian goose occurs in the 
vicinity of the proposed Project and may collide with wind turbines as 
documented at Kaheawa I and II. Although there have been no known 
occurrences of Newell's shearwaters, Hawaiian stilts, Hawaiian coots, 
Hawaiian moorhens, or Hawaiian ducks colliding with wind turbines 
within the State of Hawaii, these covered species may transit the 
Project area.
    The applicant has developed a final 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 final HCP details 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 
effective 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 occupancy of the affected area by 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 final HCP incorporates 
adaptive management provisions to allow for modifications to the 
mitigation and monitoring measures as knowledge is gained during 
implementation of the HCP.
    The proposed action in the FEIS is to approve the final 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 final 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 final 
EIS to analyze the environmental impacts of a range of alternatives 
related to the issuance of the ITP and implementation of the 
conservation program under the proposed final HCP. The alternatives 
include a no-action (alternative 1), proposed action (alternative 2), 
and a modified proposed action option (alternative 2a), and a larger 
wind energy generation project alternative (alternative 3).
    Under the no-action alternative, the proposed Project would not be 
constructed, the proposed final HCP would not be implemented, and no 
ITP would be issued. The proposed action alternative is construction 
and operation of the Project consisting of between 8 and 10 wind 
turbines, implementation of the final HCP, and issuance of the ITP. In 
response to public comments on the draft EIS related to visual impacts 
and consideration of fewer turbines with larger generating capacities, 
a modified proposed action option with a reduced maximum number of 
turbines consisting of only 9 turbines with larger generating 
capacities and taller dimensions was added to the final EIS. The 
modified proposed action option also includes implementation of the 
final HCP, and issuance of the ITP. 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 an HCP, and issuance of the ITP.
    In accordance with NEPA (40 CFR 1502.14(e)), the Service has 
identified the proposed action (alternative 2) including the modified 
proposed action option (alternative 2a) as the preferred alternative. 
Under NEPA, the ``agency's preferred alternative'' is a preliminary 
indication of the Federal responsible official's preference of action, 
which is chosen from among the alternatives analyzed in an EIS. It is 
the alternative which the agency believes would fulfill its statutory 
mission and responsibilities, giving consideration to economic, 
environmental, technical and other factors (43 CFR 46.420(d)). The 
preferred alternative is not a final agency decision; rather, it is an 
indication of the agency's preference. The final agency decision is 
presented in the Record of Decision.

Public Involvement

    In May 2013, the applicant began holding community meetings, small 
focus group meetings with stakeholders, and individual meetings with 
community leaders and legislators to discuss the proposed Project and 
engage the public in the Project's planning and design.
    The Service published a notice of intent (NOI) to prepare a draft 
EIS in the Federal Register on November 5, 2013, (78 FR 66377). The NOI 
also announced a public scoping period (November 5 to December 5, 
2013), during which we invited interested parties to provide written 
comments related to the proposal. A public scoping meeting was held in 
Kahuku, Hawaii on November 13, 2013, in accordance with NEPA (40 CFR 
1501.7). Utilizing public scoping comments, we prepared a draft EIS to 
analyze the effects of the alternatives on the human environment. The 
Service published a notice of availability (NOA) of the draft EIS in 
the Federal Register on June 12, 2015 (80 FR 33535) opening a 60-day 
public comment period. The Service also posted the Federal Register 
NOA, Notice of Public Scoping Meeting, draft HCP, draft EIS, and a news 
release on their Web site at http://www.fws.gov/pacificislands/. A 
public open-house meeting was held on June 23, 2015, in Kahuku, Hawaii 
to solicit additional input from the public on the draft EIS and draft 
HCP. A total of 90 comment letters and emails were received from

[[Page 45176]]

the public. The official comment period ended on August 11, 2015.
    The State of Hawaii's environmental impact statement preparation 
notice (EISPN) was distributed to interested parties for review between 
December 23, 2013, and January 23, 2014, and again between November 8 
and December 8, 2014 (republished to reflect the addition of a second 
access into the Project site). During the initial public scoping period 
for the EISPN, three public scoping meetings were held at Kahuku 
Community Center: on November 13, 2013, January 10, 2014, and November 
19, 2014. In addition to the public meetings, a media advisory was sent 
out prior to each meeting. The State of Hawaii's Department of Land and 
Natural Resources hosted a public hearing at the Kahuku Community 
Center on June 4, 2015. The draft EIS was published in the State of 
Hawaii Office of Environmental Quality Control's The Environmental 
Notice on June 8, 2015, in accordance with requirements set forth under 
the Hawaii Environmental Policy Act (HRS Sec.  343-3). Public comments 
were accepted during the 45-day State public comment period.

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.). We will 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 
U.S. Environmental Protection Agency's 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).

Theresa Rabot,
Deputy Regional Director, Pacific Region, U.S. Fish and Wildlife 
Service, Portland, Oregon.
[FR Doc. 2016-16082 Filed 7-11-16; 8:45 am]
 BILLING CODE 4333-15-P



                                                  45174                           Federal Register / Vol. 81, No. 133 / Tuesday, July 12, 2016 / Notices

                                                  number in the United States: (800) 230–                    Dated: July 7, 2016.                                Abrams, Field Supervisor; U.S. Fish and
                                                  1766, or the following International                     Jemine A. Bryon,                                      Wildlife Service; Pacific Islands Fish
                                                  number for those outside the United                      General Deputy Assistant Secretary for Public         and Wildlife Office; 300 Ala Moana
                                                  States: (612) 288–0329. Please be                        and Indian Housing.                                   Boulevard, Room 3–122; Honolulu, HI
                                                  advised that the operator will ask callers               Lynn Ross,                                            96850.
                                                  to provide their names and their                         Deputy Assistant Secretary for Policy                    • Telephone: Call 808–792–9400
                                                  organizational affiliations (if any) prior               Development.                                          during regular business hours.
                                                  to placing callers into the conference                   [FR Doc. 2016–16444 Filed 7–11–16; 8:45 am]           FOR FURTHER INFORMATION CONTACT: Ms.
                                                  line. Callers can expect to incur charges                BILLING CODE 4210–67–P                                Jodi Charrier (Renewable Energy
                                                  for calls they initiate over wireless lines                                                                    Coordinator) or Mr. Aaron Nadig (Oahu,
                                                  and for international calls, and HUD                                                                           Kauai, American Samoa Geographic
                                                  will not refund any incurred charges.                    DEPARTMENT OF THE INTERIOR                            Deputy Field Supervisor), U.S. Fish and
                                                  Callers will incur no charge for calls                                                                         Wildlife Service (see ADDRESSES above);
                                                  they initiate over land-line connections                 Fish and Wildlife Service                             by telephone 808–792–9400; or by email
                                                  to the toll-free phone number. Persons                                                                         at NaPuaMakanihcp@fws.gov. If you use
                                                                                                           [FWS–R1–ES–2016–N086;
                                                  with hearing impairments may also                        FXES11120100000–167–FF01E00000]                       a telecommunications device for the
                                                  follow the discussion by first calling the                                                                     deaf, please call the Federal Information
                                                  Federal Relay Service (FRS): (800) 977–                  Final Environmental Impact Statement                  Relay Service (FIRS) at 800–877–8339.
                                                  8339 and providing the FRS operator                      and Final Habitat Conservation Plan                   SUPPLEMENTARY INFORMATION: We are
                                                  with the conference call toll-free                       for the Na Pua Makani Wind Energy                     advising the public of the availability of
                                                  number: (800) 230–1766.                                  Project, Oahu, HI                                     the final EIS and final HCP associated
                                                     With advance registration, members                                                                          with an ITP application. The applicant
                                                                                                           AGENCY:   Fish and Wildlife Service,                  is requesting an ITP for a 21-year permit
                                                  of the public will have an opportunity                   Interior.
                                                  to provide feedback during the calls.                                                                          term to authorize take of the threatened
                                                                                                           ACTION: Notice of availability.                       Newell’s shearwater (Puffinus newelli),
                                                  This total amount of time for such
                                                  feedback will be limited to ensure                       SUMMARY:    We, the U.S. Fish and                     and the endangered Hawaiian stilt
                                                  pertinent Committee business is                          Wildlife Service (Service), announce the              (Himantopus mexicanus knudseni),
                                                  completed, and comments will be taken                    availability of the final environmental               Hawaiian coot (Fulica americana alai),
                                                  on a first-come first-served basis by                    impact statement (EIS) and final habitat              Hawaiian moorhen, (Gallinula
                                                  HUD. If the number of registered                         conservation plan (HCP) for Na Pua                    chloropus sandvicensis), Hawaiian duck
                                                  commenters exceeds the available time,                   Makani Power Partners, LLC’s                          (Anas wyvilliana), Hawaiian goose
                                                  HUD may ask for the submission of                        (applicant) Na Pua Makani Wind Energy                 (Branta sandvicensis), and the Hawaiian
                                                  comments via email. In order to pre-                     Project (Project). The applicant is                   hoary bat (Lasiurus cinereus semotus)
                                                  register to provide comments, please                     requesting an incidental take permit                  that may occur as a result of the
                                                  visit the MTW Demonstration’s                            (ITP) to authorize take of one threatened             construction and operation of the
                                                  expansion Web page at: http://                           and six endangered species (covered                   Project. The final HCP describes the
                                                  portal.hud.gov/hudportal/HUD?src=/                       species) listed under the Endangered                  applicant’s actions and the measures the
                                                  program_offices/public_indian_                           Species Act of 1973, as amended (ESA).                applicant will implement to minimize,
                                                  housing/programs/ph/mtw/expansion.                       If issued, the ITP would authorize                    mitigate, and monitor incidental take of
                                                                                                           incidental take of the covered species                the covered species. Additionally, the
                                                     Records and documents discussed
                                                                                                           that may occur as a result of the                     Project would be partially located on
                                                  during the meeting, as well as other
                                                                                                           construction and operation of the                     State of Hawaii lands, triggering
                                                  information about the work of this
                                                                                                           Project over a 21-year period. The HCP                environmental review under the Hawaii
                                                  Committee, will be available for public
                                                                                                           describes the applicant’s actions and                 Environmental Policy Act (HEPA)
                                                  viewing as they become available at:
                                                                                                           measures to minimize, mitigate, and                   (Chapter 343 of the Hawaii Revised
                                                  http://www.facadatabase.gov/
                                                                                                           monitor incidental take of the covered                Statutes (HRS)).
                                                  committee/
                                                  committee.aspx?t=c&cid=2570&aid=77                       species. The final EIS has been prepared              Background
                                                  by clicking on the ‘‘Committee                           in response to the permit application in
                                                                                                                                                                   The applicant proposes to construct
                                                  Meetings’’ link. These materials will                    accordance with requirements of the
                                                                                                                                                                 and operate the wind energy generation
                                                  also be available on the MTW                             National Environmental Policy Act
                                                                                                                                                                 Project on approximately 707 acres of
                                                  Demonstration’s expansion Web page at:                   (NEPA).
                                                                                                                                                                 public and private lands near the town
                                                  http://portal.hud.gov/hudportal/                         DATES:  The Service’s decision on                     of Kahuku on the island of Oahu,
                                                  HUD?src=/program_offices/public_                         issuance of an ITP will occur no sooner               Hawaii. The western portion of the
                                                  indian_housing/programs/ph/mtw/                          than 30 days after the publication of the             Project would be located on about 255
                                                  expansion. Records generated from this                   U.S. Environmental Protection Agency’s                acres of State of Hawaii lands managed
                                                  meeting may also be inspected and                        notice of the final EIS in the Federal                by the Hawaii Department of Land and
                                                  reproduced at the Department of                          Register and will be documented in a                  Natural Resources. The eastern portion
                                                  Housing and Urban Development                            Record of Decision (ROD).                             of the Project would be located on about
                                                  Headquarters in Washington, DC, as                       ADDRESSES: You may obtain copies of                   452 acres of land owned by the
                                                  they become available, both before and                   the final EIS and final HCP by one of the             Malaekahana Hui West, LLC. Additional
mstockstill on DSK3G9T082PROD with NOTICES




                                                  after the meeting.                                       following methods.                                    parcels would be used to access the
                                                     Questions concerning this notice                         • Internet: Documents may be viewed                Project, for which the applicant would
                                                  should be directed to Laurel Davis,                      and downloaded on the Internet at                     utilize temporary entry permits, licenses
                                                  DFO, Office of Public and Indian                         http://www.fws.gov/pacificislands/.                   or easements.
                                                  Housing, Department of Housing and                          • U.S. Mail: You may obtain a                        The proposed Project would have a
                                                  Urban Development at MTWAdvisory                         compact disk with electronic copies of                generating capacity of up to
                                                  Committee@hud.gov.                                       these documents by writing to Mary                    approximately 25 megawatts (MW) and


                                             VerDate Sep<11>2014   18:30 Jul 11, 2016   Jkt 238001   PO 00000   Frm 00054   Fmt 4703   Sfmt 4703   E:\FR\FM\12JYN1.SGM   12JYN1


                                                                                  Federal Register / Vol. 81, No. 133 / Tuesday, July 12, 2016 / Notices                                           45175

                                                  would supply wind-generated                              measures on Oahu that include: (1)                    final HCP, and issuance of the ITP. The
                                                  electricity to the Hawaii Electric                       Funding research to support effective                 larger wind energy generation project
                                                  Company. The Project would consist of                    management of Newell’s shearwaters;                   alternative would include the
                                                  8 to 10 wind turbine generators (WTGs),                  (2) fencing and predator control to                   construction and operation of a larger
                                                  1 permanent un-guyed lattice-frame                       conserve the Hawaiian goose at James                  generation facility of up to 42 MW. This
                                                  meteorological tower, up to 4.9 miles of                 Campbell National Wildlife Refuge; (3)                alternative would consist of up to 12
                                                  new and existing access roads, an                        a combination of bat research and native              WTGs, each with a generating capacity
                                                  operations and maintenance facility,                     forest restoration and management to                  of up to 3.3 MW, implementation of an
                                                  electrical collection and interconnection                increase Hawaiian hoary bat habitat; (4)              HCP, and issuance of the ITP.
                                                  infrastructure, an electrical substation,                acoustic surveys to document                             In accordance with NEPA (40 CFR
                                                  and a temporary laydown area. The                        occupancy of the affected area by the                 1502.14(e)), the Service has identified
                                                  applicant is considering a variety of                    Hawaiian hoary bat; and (5) fencing and               the proposed action (alternative 2)
                                                  WTG models, each ranging from 427                        public outreach at Hamakua Marsh to                   including the modified proposed action
                                                  feet to 656 feet in height, and having up                benefit conservation of the Hawaiian                  option (alternative 2a) as the preferred
                                                  to 3.3 MW of generating capacity. The                    stilt, Hawaiian coot, Hawaiian moorhen                alternative. Under NEPA, the ‘‘agency’s
                                                  applicant will select the most                           and the Hawaiian duck. This final HCP                 preferred alternative’’ is a preliminary
                                                  appropriate WTGs prior to construction.                  incorporates adaptive management                      indication of the Federal responsible
                                                  The selection of the WTG models would                    provisions to allow for modifications to              official’s preference of action, which is
                                                  not change the impacts to the covered                    the mitigation and monitoring measures                chosen from among the alternatives
                                                  species analyzed in the EIS.                             as knowledge is gained during                         analyzed in an EIS. It is the alternative
                                                     The proposed Project area is                          implementation of the HCP.                            which the agency believes would fulfill
                                                  surrounded by agricultural farm lands to                    The proposed action in the FEIS is to              its statutory mission and
                                                  the north; residential housing,                          approve the final HCP and to issue an                 responsibilities, giving consideration to
                                                  community infrastructure, and                            ITP with a term of 21 years to the                    economic, environmental, technical and
                                                  agricultural farm lands to the east; a                   applicant for incidental take of the                  other factors (43 CFR 46.420(d)). The
                                                  mixture of agricultural farm lands and                   covered species caused by covered                     preferred alternative is not a final
                                                  undeveloped forest lands to the south;                   activities associated with the                        agency decision; rather, it is an
                                                  and undeveloped forest lands to the                      construction and operation of the                     indication of the agency’s preference.
                                                  west. The James Campbell National                        Project, if permit issuance criteria are              The final agency decision is presented
                                                  Wildlife Refuge is approximately 0.75                    met.                                                  in the Record of Decision.
                                                  mile to the north, and the Malaekahana
                                                                                                           National Environmental Policy Act                     Public Involvement
                                                  State Recreation Area is 0.1 mile to the
                                                                                                           Compliance                                               In May 2013, the applicant began
                                                  east. The operational 30–MW Kahuku
                                                  wind project abuts the proposed Project                     The development of the final HCP and               holding community meetings, small
                                                  area to the northwest.                                   the proposed issuance of an ITP under                 focus group meetings with stakeholders,
                                                     Acoustic monitoring has confirmed                     this plan is a Federal action that triggers           and individual meetings with
                                                  the presence of the Hawaiian hoary bat                   the need for compliance with NEPA (42                 community leaders and legislators to
                                                  in the vicinity of the Project site.                     U.S.C. 4321 et seq.). We have prepared                discuss the proposed Project and engage
                                                  Hawaiian hoary bats have collided with                   a final EIS to analyze the environmental              the public in the Project’s planning and
                                                  wind turbines at the 30–MW Kahuku                        impacts of a range of alternatives related            design.
                                                  and 69–MW Kawailoa wind projects on                      to the issuance of the ITP and                           The Service published a notice of
                                                  Oahu, and at the 30–MW Kaheawa I,                        implementation of the conservation                    intent (NOI) to prepare a draft EIS in the
                                                  21–MW Kaheawa II, and 21–MW                              program under the proposed final HCP.                 Federal Register on November 5, 2013,
                                                  Auwahi wind projects on Maui. The                        The alternatives include a no-action                  (78 FR 66377). The NOI also announced
                                                  Hawaiian goose occurs in the vicinity of                 (alternative 1), proposed action                      a public scoping period (November 5 to
                                                  the proposed Project and may collide                     (alternative 2), and a modified proposed              December 5, 2013), during which we
                                                  with wind turbines as documented at                      action option (alternative 2a), and a                 invited interested parties to provide
                                                  Kaheawa I and II. Although there have                    larger wind energy generation project                 written comments related to the
                                                  been no known occurrences of Newell’s                    alternative (alternative 3).                          proposal. A public scoping meeting was
                                                  shearwaters, Hawaiian stilts, Hawaiian                      Under the no-action alternative, the               held in Kahuku, Hawaii on November
                                                  coots, Hawaiian moorhens, or Hawaiian                    proposed Project would not be                         13, 2013, in accordance with NEPA (40
                                                  ducks colliding with wind turbines                       constructed, the proposed final HCP                   CFR 1501.7). Utilizing public scoping
                                                  within the State of Hawaii, these                        would not be implemented, and no ITP                  comments, we prepared a draft EIS to
                                                  covered species may transit the Project                  would be issued. The proposed action                  analyze the effects of the alternatives on
                                                  area.                                                    alternative is construction and operation             the human environment. The Service
                                                     The applicant has developed a final                   of the Project consisting of between 8                published a notice of availability (NOA)
                                                  HCP that addresses the incidental take                   and 10 wind turbines, implementation                  of the draft EIS in the Federal Register
                                                  of the seven covered species that may                    of the final HCP, and issuance of the                 on June 12, 2015 (80 FR 33535) opening
                                                  occur as a result of the construction and                ITP. In response to public comments on                a 60-day public comment period. The
                                                  operation of the Project over a period of                the draft EIS related to visual impacts               Service also posted the Federal Register
                                                  21 years. The final HCP details                          and consideration of fewer turbines                   NOA, Notice of Public Scoping Meeting,
                                                  proposed measures the applicant will                     with larger generating capacities, a                  draft HCP, draft EIS, and a news release
mstockstill on DSK3G9T082PROD with NOTICES




                                                  implement to minimize, mitigate, and                     modified proposed action option with a                on their Web site at http://www.fws.gov/
                                                  monitor incidental take of the covered                   reduced maximum number of turbines                    pacificislands/. A public open-house
                                                  species. The applicant has also applied                  consisting of only 9 turbines with larger             meeting was held on June 23, 2015, in
                                                  for a State of Hawaii incidental take                    generating capacities and taller                      Kahuku, Hawaii to solicit additional
                                                  license under Hawaii State law.                          dimensions was added to the final EIS.                input from the public on the draft EIS
                                                     To offset anticipated take, the                       The modified proposed action option                   and draft HCP. A total of 90 comment
                                                  applicant is proposing mitigation                        also includes implementation of the                   letters and emails were received from


                                             VerDate Sep<11>2014   18:30 Jul 11, 2016   Jkt 238001   PO 00000   Frm 00055   Fmt 4703   Sfmt 4703   E:\FR\FM\12JYN1.SGM   12JYN1


                                                  45176                           Federal Register / Vol. 81, No. 133 / Tuesday, July 12, 2016 / Notices

                                                  the public. The official comment period                  DEPARTMENT OF THE INTERIOR                              Authority: 43 CFR 1784.4–1.
                                                  ended on August 11, 2015.                                                                                      Jenna Whitlock,
                                                    The State of Hawaii’s environmental                    Bureau of Land Management
                                                                                                                                                                 Acting State Director.
                                                  impact statement preparation notice                                                                            [FR Doc. 2016–16433 Filed 7–11–16; 8:45 am]
                                                  (EISPN) was distributed to interested                    [16X L1109AF LLUT980300–
                                                                                                                                                                 BILLING CODE 4310–DQ–P
                                                  parties for review between December 23,                  L13100000.XZ0000–24–1A]
                                                  2013, and January 23, 2014, and again
                                                  between November 8 and December 8,                       Utah Resource Advisory Council
                                                                                                           Meeting                                               DEPARTMENT OF THE INTERIOR
                                                  2014 (republished to reflect the addition
                                                  of a second access into the Project site).                                                                     National Park Service
                                                                                                           AGENCY:     Bureau of Land Management,
                                                  During the initial public scoping period
                                                                                                           Interior.                                             [NPS–WASO–NAGPRA–21382;
                                                  for the EISPN, three public scoping                                                                            PPWOCRADN0–PCU00RP14.R50000]
                                                  meetings were held at Kahuku                             ACTION:   Notice of meeting.
                                                  Community Center: on November 13,                                                                              Notice of Inventory Completion:
                                                  2013, January 10, 2014, and November                     SUMMARY:  In accordance with the                      Museum of the American Indian,
                                                  19, 2014. In addition to the public                      Federal Land Policy and Management                    Novato, CA
                                                  meetings, a media advisory was sent out                  Act, the Bureau of Land Management’s
                                                  prior to each meeting. The State of                      (BLM) Utah Resource Advisory Council                  AGENCY:   National Park Service, Interior.
                                                  Hawaii’s Department of Land and                          (RAC) will host a meeting.                            ACTION:   Notice.
                                                  Natural Resources hosted a public
                                                                                                           DATES:  On July 27, the RAC will take a               SUMMARY:    The Museum of the American
                                                  hearing at the Kahuku Community
                                                                                                           field tour of the Three Creeks area in                Indian has completed an inventory of
                                                  Center on June 4, 2015. The draft EIS
                                                                                                           Rich County, Utah from 7:00 a.m. to                   human remains, in consultation with
                                                  was published in the State of Hawaii
                                                                                                           7:00 p.m. Attendance is optional. On                  the appropriate Indian tribe, and has
                                                  Office of Environmental Quality
                                                                                                           July 28, the RAC will meet from 9:00                  determined that there is a cultural
                                                  Control’s The Environmental Notice on
                                                                                                           a.m. to 4:00 p.m.                                     affiliation between the human remains
                                                  June 8, 2015, in accordance with
                                                                                                                                                                 and a present-day Indian tribe. Lineal
                                                  requirements set forth under the Hawaii                  ADDRESSES:  On July 28, the RAC will                  descendants or representatives of any
                                                  Environmental Policy Act (HRS § 343–                     meet at the BLM Salt Lake Field Office,               Indian tribe or Native Hawaiian
                                                  3). Public comments were accepted                        2370 S. Decker Lake Blvd., West Valley                organization not identified in this notice
                                                  during the 45-day State public comment                   City, Utah 84119.                                     that wish to request transfer of control
                                                  period.
                                                                                                           FOR FURTHER INFORMATION CONTACT:    If                of these human remains should submit
                                                  Next Steps                                               you wish to attend the field tour,                    a written request to the Museum of the
                                                                                                           contact Lola Bird, Public Affairs                     American Indian. If no additional
                                                    We will evaluate the permit                            Specialist, Bureau of Land Management,                requestors come forward, transfer of
                                                  application, associated documents, and                   Utah State Office, 440 West 200 South,                control of the human remains to the
                                                  public comments in reaching a final                      Suite 500, Salt Lake City, Utah 84101;                Indian tribe stated in this notice may
                                                  decision on whether the application                      phone (801) 539–4033; or, lbird@                      proceed.
                                                  meets the requirements of section 10(a)                  blm.gov no later than Wednesday, July
                                                  of the ESA (16 U.S.C. 1531 et seq.). We                                                                        DATES: Lineal descendants or
                                                                                                           20, 2016.                                             representatives of any Indian tribe or
                                                  will evaluate whether the proposed
                                                  permit action would comply with                          SUPPLEMENTARY INFORMATION:     Agenda                 Native Hawaiian organization not
                                                  section 7 of the ESA by conducting an                    topics will include the Three Creeks                  identified in this notice that wish to
                                                  intra-Service section 7 consultation. We                 Grazing Allotment Environmental                       request transfer of control of these
                                                  will use the results of this consultation,               Assessment, Greater sage-grouse plan                  human remains should submit a written
                                                  in combination with the above findings,                  implementation, BLM-Utah recreation                   request with information in support of
                                                  in our final analysis to determine                       fee donation policy and the San Rafael                the request to the Museum of the
                                                  whether or not to issue an ITP. If the                   Desert Master Leasing Plan.                           American at the address in this notice
                                                  requirements are met, we will issue the                                                                        by August 11, 2016.
                                                                                                              A half-hour public comment period
                                                  ITP to the applicant. We will issue a                                                                          ADDRESSES: Colleen Hicks, Museum of
                                                                                                           will take place on July 28 from 2:00–
                                                  record of decision and issue or deny the                 2:30 p.m., where the public may address               the American Indian, P.O. Box 864,
                                                  ITP no sooner than 30 days after                         the RAC. Written comments may also be                 Novato, CA 94948, telephone (415) 897–
                                                  publication of the U.S. Environmental                    sent to the BLM at the address listed in              4064, fax (415) 892–7804, email office@
                                                  Protection Agency’s notice of                            the FOR FURTHER INFORMATION CONTACT                   marinindian.com.
                                                  availability of the final EIS.                           section of this notice.                               SUPPLEMENTARY INFORMATION: Notice is
                                                                                                                                                                 here given in accordance with the
                                                  Authority                                                   The meeting is open to the public;                 Native American Graves Protection and
                                                                                                           however, transportation, lodging, and                 Repatriation Act (NAGPRA), 25 U.S.C.
                                                    We provide this notice in accordance                   meals are the responsibility of the
                                                  with the requirements of section 10(c) of                                                                      3003, of the completion of an inventory
                                                                                                           participating individuals.                            of human remains under the control of
                                                  the ESA and its implementing
                                                  regulations (50 CFR 17.22 and 17.32)                        Persons who use a                                  the Museum of the American Indian.
                                                                                                           telecommunications device for the deaf                The human remains were removed from
mstockstill on DSK3G9T082PROD with NOTICES




                                                  and NEPA and its implementing
                                                  regulations (40 CFR 1506.6).                             (TDD) may call the Federal Information                Marin County, CA.
                                                                                                           Relay Service (FIRS) at 1–800–877–8339                   This notice is published as part of the
                                                  Theresa Rabot,                                           to leave a message or question for the                National Park Service’s administrative
                                                  Deputy Regional Director, Pacific Region, U.S.           above individual. The FIRS is available               responsibilities under NAGPRA, 25
                                                  Fish and Wildlife Service, Portland, Oregon.             24 hours a day, seven days a week.                    U.S.C. 3003(d)(3). The determinations in
                                                  [FR Doc. 2016–16082 Filed 7–11–16; 8:45 am]              Replies are provided during normal                    this notice are the sole responsibility of
                                                  BILLING CODE 4333–15–P                                   business hours.                                       the museum, institution, or Federal


                                             VerDate Sep<11>2014   18:30 Jul 11, 2016   Jkt 238001   PO 00000   Frm 00056   Fmt 4703   Sfmt 4703   E:\FR\FM\12JYN1.SGM   12JYN1



Document Created: 2016-07-12 01:59:29
Document Modified: 2016-07-12 01:59:29
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.
DatesThe Service's decision on issuance of an ITP will occur no sooner than 30 days after the publication of the U.S. Environmental Protection Agency's notice of the final EIS in the Federal Register and will be documented in a Record of Decision (ROD).
ContactMs. Jodi Charrier (Renewable Energy Coordinator) or Mr. Aaron Nadig (Oahu, Kauai, American Samoa Geographic
FR Citation81 FR 45174 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR