81_FR_89370 81 FR 89133 - Availability of Final Environmental Impact Statement for Eagle Take Permits for the Chokecherry and Sierra Madre Phase I Wind Energy Project

81 FR 89133 - Availability of Final Environmental Impact Statement for Eagle Take Permits for the Chokecherry and Sierra Madre Phase I Wind Energy Project

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 81, Issue 237 (December 9, 2016)

Page Range89133-89135
FR Document2016-29333

We, the U.S. Fish and Wildlife Service, have prepared a final environmental impact statement (EIS) under the National Environmental Policy Act of 1969, as amended, in response to an application from Power Company of Wyoming (PCW) for eagle take permits (ETPs) pursuant to the Bald and Golden Eagle Protection Act (BGEPA) and its implementing regulations. PCW has applied for standard and programmatic ETPs for the Chokecherry and Sierra Madre Phase I Wind Energy Project in Carbon County, Wyoming. The final EIS is now available for review.

Federal Register, Volume 81 Issue 237 (Friday, December 9, 2016)
[Federal Register Volume 81, Number 237 (Friday, December 9, 2016)]
[Notices]
[Pages 89133-89135]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-29333]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R6-MB-2016-N205; FF06M00000-XXX-FRMB48720660090]


Availability of Final Environmental Impact Statement for Eagle 
Take Permits for the Chokecherry and Sierra Madre Phase I Wind Energy 
Project

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability.

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

SUMMARY: We, the U.S. Fish and Wildlife Service, have prepared a final 
environmental impact statement (EIS) under the National Environmental 
Policy Act of 1969, as amended, in response to an application from 
Power Company of Wyoming (PCW) for eagle take permits (ETPs) pursuant 
to the Bald and Golden Eagle Protection Act (BGEPA) and its 
implementing regulations. PCW has applied for standard and programmatic 
ETPs for the Chokecherry and Sierra Madre Phase I Wind Energy Project 
in Carbon County, Wyoming. The final EIS is now available for review.

DATES: The final EIS is available for public review for 30 days, after 
which we will issue a record of decision.

ADDRESSES: Copies of the final EIS, as well as the permit application 
and the supporting eagle conservation plan, are available for review at 
the Carbon County Library System at 215 West Buffalo Street, Rawlins, 
Wyoming; the Saratoga Public Library at 503 West Elm Street, Saratoga, 
Wyoming; the U.S. Fish and Wildlife Service (USFWS) Wyoming Ecological 
Services Office at 5353 Yellowstone Road, Suite 308A, Cheyenne, Wyoming 
(contact Nathan Darnall to coordinate access, at [email protected] 
or 307-772-2374 ext. 246); and the USFWS Region 6 Office at 134 South 
Union Boulevard, Lakewood, Colorado (contact Louise Galiher to 
coordinate access, at [email protected] or 303-236-8677). These 
documents are also available electronically on the USFWS Web site at 
https://www.fws.gov/mountain-prairie/wind/ChokecherrySierraMadre/index.html.
    You may contact us regarding the final EIS via the following 
methods:
     Email: [email protected].
     U.S. Mail: Chokecherry and Sierra Madre EIS, U.S. Fish and 
Wildlife Service, Mountain-Prairie Region, Attention: Louise Galiher, 
P.O. Box 25486 DFC, Denver, CO 80225.
     Hand-Delivery/Courier: Chokecherry and Sierra Madre EIS, 
U.S. Fish and Wildlife Service, Mountain-Prairie Region, Attention: 
Louise Galiher, 134 Union Blvd., Lakewood, CO 80228.

FOR FURTHER INFORMATION CONTACT: Louise Galiher, at 303-236-8677 
(phone) or [email protected] (email); or Clint Riley, at 303-236-
5231 (phone) or [email protected] (email). Persons who use a 
telecommunications device for the deaf may call the Federal Relay 
Service at 1-800-877-8339 to contact the above individuals. The Federal 
Relay Service is available 24 hours a day, 7 days a week, for you to 
leave a message or question with the above individuals. You will 
receive a reply during normal business hours.

SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service 
(Service), have prepared a final environmental impact statement (EIS) 
under the National Environmental Policy Act of 1969, as amended (42 
U.S.C. 4321 et seq.), in response to an application from Power Company 
of Wyoming (PCW) for eagle take permits (ETPs) pursuant to the Bald and 
Golden Eagle Protection Act (BGEPA), (16 U.S.C. 668-668c) and its 
implementing regulations. PCW has applied for standard and programmatic 
ETPs for the Chokecherry and Sierra Madre (CCSM) Phase I Wind Energy 
Project in Carbon County, Wyoming. The final EIS is now available for 
review.

Public Coordination

    The notice of intent to prepare an EIS for this project was 
published in the Federal Register on December 4, 2013 (78 FR 72926). 
Two public scoping meetings for the USFWS EIS were held, on December 16 
and 17, 2013, in conjunction with Bureau of Land

[[Page 89134]]

Management (BLM) scoping meetings for an environmental assessment (EA) 
of the Phase I CCSM Project. A draft EIS was prepared and a notice of 
availability of the draft EIS was published in the Federal Register on 
April 29, 2016 (81 FR 25688), opening a 60-day comment period. The 
comment period was subsequently reopened for 2 weeks after it was 
discovered that a hyphen replaced an underscore in the public comment 
email address in several outreach materials. The draft EIS provided 
discussion of the potential impacts of the proposed action and an 
analysis of reasonable alternatives to the proposed action. Two public 
comment meetings for the draft EIS were held, on June 6 and 7, 2016.
    The alternatives analyzed in the draft EIS were carried forward for 
full analysis in the final EIS. Agencies, tribes, organizations, and 
interested parties provided comments on the draft EIS via mail, email, 
and public meetings.

Background Information

    A. Migratory Birds and Eagle Protections. Raptors and most other 
birds in the United States are protected by the Migratory Bird Treaty 
Act (16 U.S.C. 703-711). The President's Executive Order 13186 directs 
agencies to consider migratory birds in environmental planning by 
avoiding or minimizing to the extent practicable adverse impacts on 
migratory bird resources when conducting agency actions, and by 
ensuring environmental analyses of Federal actions as required by NEPA 
or other established environmental review processes.
    Bald eagles and golden eagles are provided further protection under 
BGEPA, which prohibits anyone without a permit issued by the Secretary 
of the Interior from ``taking'' eagles, including their parts, nests, 
or eggs. An ETP authorizes the take of live eagles and their eggs where 
the take is associated with, but not the purpose of, a human activity 
or project that is otherwise a lawful activity. Regulations governing 
permits for bald and golden eagles can be found in the Code of Federal 
Regulations at 50 CFR 22.26. The Service is in the process of 
finalizing revisions to these regulations. However, because PCW's 
application has already been submitted, it is governed by the existing 
regulations. The proposed new regulations, if finalized, would 
authorize this course of action, i.e., the new regulations would allow 
the Service to issue eagle take permits to PCW under the currently 
applicable regulations.
    ETPs authorize the take of eagles where the take is compatible with 
the preservation of eagles; where it is necessary to protect an 
interest in a particular locality; where it is associated with, but not 
the purpose of, an otherwise lawful activity; and where take is 
unavoidable. The Service will issue permits for such take only after an 
applicant has committed to undertake all practicable measures to avoid 
and minimize such take and mitigate anticipated take to the maximum 
extent achievable to be compatible with the preservation of eagles. 
Standard ETPs authorize eagle take in an identifiable timeframe and 
location. Programmatic ETPs authorize eagle take that is recurring and 
not within a specific, identifiable timeframe and/or location. Standard 
and programmatic ETPs may be issued for a period of up to 5 years.
    B. Power Company of Wyoming Application. As proposed by PCW, the 
CCSM Phase I Project will consist of approximately 500 wind turbines, a 
haul road, a quarry to supply materials for road construction, access 
roads, a rail distribution facility, underground and overhead 
electrical and communication lines, laydown areas, operation and 
maintenance facilities, and other supporting infrastructure needed for 
Phase I to become fully operational. PCW has applied for a standard ETP 
for disturbance related to construction of CCSM Phase I wind turbines 
and infrastructure components, and a programmatic ETP for operation of 
the CCSM Phase I Project.
    The applicant has prepared an ECP identifying measures it intends 
to undertake to avoid, minimize, and compensate for potential impacts 
to bald and golden eagles. To help meet requirements of the Migratory 
Bird Treaty Act, the applicant has also prepared a Bird and Bat 
Conservation Strategy (BBCS) containing measures the applicant proposes 
to implement to avoid or minimize impacts of the project on other 
migratory birds. The Service has considered the information presented 
in the ECP and BBCS in our analysis of environmental impacts in the 
final EIS.
    C. The BLM's NEPA Review. The CCSM Phase I Project would be 
situated in an area of alternating sections of private, State, and 
Federal lands that are administered by the BLM. In 2012, the BLM 
completed a final EIS (FEIS) to evaluate whether the project area would 
be acceptable for development of a wind facility in a manner compatible 
with applicable Federal laws. On October 9, 2012, BLM published a 
record of decision (ROD) determining that the portions of the area for 
which PCW seeks right-of-way grants ``are suitable for wind energy 
development and associated facilities.'' As explained in the ROD, the 
BLM's decision does not authorize development of the wind energy 
project; rather, it allows BLM to accept and evaluate future right-of-
way applications subject to the requirements of all future wind energy 
development described therein (ROD at 6-1).
    PCW has since submitted to the BLM site-specific plans of 
development from which the BLM is developing site-specific tiered EAs. 
In 2014, the BLM published a final EA 1, which analyzes major 
components of project infrastructure, including the haul road, rail 
facility, and rock quarry. On March 9, 2016, BLM published EA 2, which 
analyzes the wind turbines and pads, access roads, laydown areas, 
electrical and communication lines, and a construction camp.
    The Service has incorporated by reference information from the BLM 
FEIS, ROD, EA1, and EA2 into our environmental analysis in the final 
EIS in order to avoid redundancy and unnecessary paperwork. Council for 
Environmental Quality (CEQ) regulations authorize incorporation by 
reference (40 CFR 1502.21, CEQ 40 Most Asked Questions #30; see also 43 
CFR 46.135).

Alternatives

    In the final EIS, the Service analyzed the proposed action 
alternative, the proposed action with different mitigation, an 
alternative to issue ETPs for Phase I of Sierra Madre Wind Development 
Area only, and the no-action alternative. The Service identified the 
proposed action as the preferred alternative.
    Alternative 1: Proposed Action. Alternative 1 is for the Service to 
issue ETPs for the construction of the Phase I wind turbines and 
infrastructure components and for the operation of the Phase I CCSM 
project, based on the ETP applications submitted by PCW. The proposed 
action includes avoidance and minimization measures, best management 
practices, and compensatory mitigation described in detail in the EIS 
and in PCW's application and ECP. PCW has proposed to retrofit high-
risk power poles as compensatory mitigation, thereby reducing eagle 
mortality from electrocution.
    Alternative 2: Proposed Action with Different Mitigation. Under 
Alternative 2, the Service would issue ETPs for the construction and 
operation of the Phase I CCSM Project as under Alternative 1, but would 
require PCW to implement a different form of compensatory

[[Page 89135]]

mitigation than proposed in its ETP applications. We are considering 
mitigation of older wind facilities, lead abatement, carcass removal, 
carcass avoidance, wind conservation easements, habitat enhancement 
(focusing on prey habitat), and rehabilitation of injured eagles as 
possible alternative forms of compensatory mitigation.
    Alternative 3: Issue ETPs for Phase I of Sierra Madre Wind 
Development Area Only. The Service received numerous comments during 
the scoping process requesting that we examine a different development 
scenario from that proposed by PCW. However, to issue an ETP, we must 
analyze a specific project and ECP to determine if it meets the 
requirements for an ETP. Alternative 3 represents an example of a 
different development scenario PCW could present in a new application 
if the Service were to determine that the Phase I CCSM Project would 
meet all the criteria for issuing an ETP, but not at the scale 
proposed. Alternative 3 is for the Service to issue ETPs for the 
construction of Phase I infrastructure and the construction and 
operation of wind turbines only in the Sierra Madre Wind Development 
Area (WDA) (298 turbines total). This alternative includes avoidance 
and minimization measures, best management practices, and compensatory 
mitigation described in PCW's application as they apply to the Sierra 
Madre WDA.
    Alternative 4: No Action. Under Alternative 4, the Service would 
deny PCW standard and programmatic ETPs for construction and operation 
of the Phase I CCSM Project. In addition to being a potential outcome 
of the permit review process, analysis of the No Action alternative is 
required by CEQ regulation (40 CFR 1502.14) and provides a baseline 
against which to compare the environmental impacts of the proposed 
action and other reasonable alternatives. ETPs are not required in 
order for PCW to construct and operate the project; therefore, if we 
deny the ETPs, PCW may choose to construct and operate the Phase I CCSM 
Project without ETPs and without adhering to an ECP. Alternative 4 
analyzes both a ``No Build'' scenario and a ``Build Without ETPs'' 
scenario.
    This final EIS further incorporates information received during the 
public comment period for the draft EIS, and finalizes the analyses and 
conclusions in the document.

National Environmental Policy Act Compliance

    Our decision on whether to issue standard and programmatic ETPs to 
PCW triggers compliance with NEPA. NEPA requires the Service to analyze 
the direct, indirect, and cumulative impacts of the CCSM Phase I 
project before we make our decision, and to make our analysis available 
to the public. We have prepared the final EIS to inform the public of 
our proposed permit action, alternatives to that action, the 
environmental impacts of the alternatives, and measures to minimize 
adverse environmental effects.

Public Availability of Submissions

    Before including your address, phone number, email address, or 
other personal identifying information in your correspondence, you 
should be aware that your entire correspondence--including your 
personal identifying information--may be made publicly available at any 
time. While you can ask us to withhold your personal identifying 
information for public review, we cannot guarantee that we will be able 
to do so.
    Comments and materials received will be available for public 
inspection, by appointment, during normal business hours at the offices 
where the comments are being submitted.

Authorities

    This notice is published in accordance with the National 
Environmental Policy Act of 1969; the CEQ's regulations for 
implementing NEPA, 40 CFR parts 1500 through 1508; and the Department 
of the Interior's NEPA regulations, 43 CFR part 46.

Stephen A. Smith,
Acting Regional Director, Mountain-Prairie Region.
[FR Doc. 2016-29333 Filed 12-8-16; 8:45 am]
 BILLING CODE 4333-15-P



                                                                               Federal Register / Vol. 81, No. 237 / Friday, December 9, 2016 / Notices                                          89133

                                                  Asset Management and Portfolio                            (3) Ways to enhance the quality,                    Cheyenne, Wyoming (contact Nathan
                                                  Oversight, Department of Housing and                    utility, and clarity of the information to            Darnall to coordinate access, at nathan_
                                                  Urban Development, 451 7th Street SW.,                  be collected; and                                     darnall@fws.gov or 307–772–2374 ext.
                                                  Washington, DC 20410, telephone (202)                     (4) Ways to minimize the burden of                  246); and the USFWS Region 6 Office at
                                                  708–3730 (this is not a toll free number)               the collection of information on those                134 South Union Boulevard, Lakewood,
                                                  for copies of the proposed forms and                    who are to respond; including through                 Colorado (contact Louise Galiher to
                                                  other available information.                            the use of appropriate automated                      coordinate access, at louise_galiher@
                                                     Copies of available documents                        collection techniques or other forms of               fws.gov or 303–236–8677). These
                                                  submitted to OMB may be obtained                        information technology, e.g., permitting              documents are also available
                                                  from Ms. Pollard.                                       electronic submission of responses.                   electronically on the USFWS Web site at
                                                  SUPPLEMENTARY INFORMATION: This                           HUD encourages interested parties to                https://www.fws.gov/mountain-prairie/
                                                  notice informs the public that HUD is                   submit comment in response to these                   wind/ChokecherrySierraMadre/
                                                  seeking approval from OMB for the                       questions.                                            index.html.
                                                  information collection described in                       Authority: Section 3507 of the Paperwork               You may contact us regarding the
                                                  Section A.                                              Reduction Act of 1995, 44 U.S.C. Chapter 35.          final EIS via the following methods:
                                                  A. Overview of Information Collection                     Dated: December 1, 2016.                               • Email: CCSM_EIS@fws.gov.
                                                                                                                                                                   • U.S. Mail: Chokecherry and Sierra
                                                     Title of Information Collection:                     Genger Charles,
                                                                                                                                                                Madre EIS, U.S. Fish and Wildlife
                                                  Section 811 Supportive Housing for                      Senior Policy Advisor for Housing—Federal             Service, Mountain-Prairie Region,
                                                  Persons with Disabilities—Project                       Housing Commissioner.
                                                                                                                                                                Attention: Louise Galiher, P.O. Box
                                                  Rental Assistance (811 PRA) Program.                    [FR Doc. 2016–29449 Filed 12–8–16; 8:45 am]
                                                                                                                                                                25486 DFC, Denver, CO 80225.
                                                     OMB Approval Number: 2502–0608.                      BILLING CODE 4210–67–P                                   • Hand-Delivery/Courier:
                                                     Type of Request: Revision of currently                                                                     Chokecherry and Sierra Madre EIS, U.S.
                                                  approved collection.                                                                                          Fish and Wildlife Service, Mountain-
                                                     Form Numbers: SF–424, SF–424                         DEPARTMENT OF THE INTERIOR                            Prairie Region, Attention: Louise
                                                  Supplement, SF–LLL, HUD–2880,
                                                                                                                                                                Galiher, 134 Union Blvd., Lakewood,
                                                  HUD–424CB, HUD–2993, HUD–2990,                          Fish and Wildlife Service                             CO 80228.
                                                  HUD–96011, HUD–2994–A, HUD–
                                                                                                          [FWS–R6–MB–2016–N205; FF06M00000–                     FOR FURTHER INFORMATION CONTACT:
                                                  96010, HUD–92235, HUD–92236, HUD–
                                                                                                          XXX–FRMB48720660090]                                  Louise Galiher, at 303–236–8677
                                                  92237, HUD–92238, HUD–92240, HUD–
                                                  92239, HUD–92241, HUD–92243, HUD–                                                                             (phone) or louise_galiher@fws.gov
                                                                                                          Availability of Final Environmental                   (email); or Clint Riley, at 303–236–5231
                                                  93205.                                                  Impact Statement for Eagle Take
                                                     Description of the need for the                                                                            (phone) or clint_riley@fws.gov (email).
                                                                                                          Permits for the Chokecherry and Sierra                Persons who use a telecommunications
                                                  information and proposed use: The                       Madre Phase I Wind Energy Project
                                                  collection of this information is                                                                             device for the deaf may call the Federal
                                                  necessary to the Department to assist                   AGENCY:   Fish and Wildlife Service,                  Relay Service at 1–800–877–8339 to
                                                  HUD in determining applicant                            Interior.                                             contact the above individuals. The
                                                  eligibility and capacity to award and                   ACTION: Notice of availability.                       Federal Relay Service is available 24
                                                  administer the HUD PRA funds within                                                                           hours a day, 7 days a week, for you to
                                                  statutory and program criteria. A                       SUMMARY:   We, the U.S. Fish and                      leave a message or question with the
                                                  thorough evaluation of an applicant’s                   Wildlife Service, have prepared a final               above individuals. You will receive a
                                                  submission is necessary to protect the                  environmental impact statement (EIS)                  reply during normal business hours.
                                                  Government’s financial interest.                        under the National Environmental                      SUPPLEMENTARY INFORMATION: We, the
                                                     Respondents (i.e. affected public):                  Policy Act of 1969, as amended, in                    U.S. Fish and Wildlife Service (Service),
                                                  State, Local or Tribal Government, Not-                 response to an application from Power                 have prepared a final environmental
                                                  for-profit institutions, Business or other              Company of Wyoming (PCW) for eagle                    impact statement (EIS) under the
                                                  for-profit.                                             take permits (ETPs) pursuant to the Bald              National Environmental Policy Act of
                                                     Estimated Number of Respondents:                     and Golden Eagle Protection Act                       1969, as amended (42 U.S.C. 4321 et
                                                  5,020.                                                  (BGEPA) and its implementing                          seq.), in response to an application from
                                                     Estimated Number of Responses:                       regulations. PCW has applied for                      Power Company of Wyoming (PCW) for
                                                  5,065.                                                  standard and programmatic ETPs for the                eagle take permits (ETPs) pursuant to
                                                     Frequency of Response: On occasion.                  Chokecherry and Sierra Madre Phase I
                                                     Average Hours per Response: Varies                                                                         the Bald and Golden Eagle Protection
                                                                                                          Wind Energy Project in Carbon County,                 Act (BGEPA), (16 U.S.C. 668–668c) and
                                                  from 30 minutes to 40 hours.                            Wyoming. The final EIS is now
                                                     Total Estimated Burden: 24,833.05.                                                                         its implementing regulations. PCW has
                                                                                                          available for review.                                 applied for standard and programmatic
                                                  B. Solicitation of Public Comment                       DATES: The final EIS is available for                 ETPs for the Chokecherry and Sierra
                                                     This notice is soliciting comments                   public review for 30 days, after which                Madre (CCSM) Phase I Wind Energy
                                                  from members of the public and affected                 we will issue a record of decision.                   Project in Carbon County, Wyoming.
                                                  parties concerning the collection of                    ADDRESSES: Copies of the final EIS, as                The final EIS is now available for
                                                  information described in Section A on                   well as the permit application and the                review.
                                                  the following:                                          supporting eagle conservation plan, are
                                                                                                          available for review at the Carbon                    Public Coordination
mstockstill on DSK3G9T082PROD with NOTICES




                                                     (1) Whether the proposed collection
                                                  of information is necessary for the                     County Library System at 215 West                       The notice of intent to prepare an EIS
                                                  proper performance of the functions of                  Buffalo Street, Rawlins, Wyoming; the                 for this project was published in the
                                                  the agency, including whether the                       Saratoga Public Library at 503 West Elm               Federal Register on December 4, 2013
                                                  information will have practical utility;                Street, Saratoga, Wyoming; the U.S. Fish              (78 FR 72926). Two public scoping
                                                     (2) The accuracy of the agency’s                     and Wildlife Service (USFWS)                          meetings for the USFWS EIS were held,
                                                  estimate of the burden of the proposed                  Wyoming Ecological Services Office at                 on December 16 and 17, 2013, in
                                                  collection of information;                              5353 Yellowstone Road, Suite 308A,                    conjunction with Bureau of Land


                                             VerDate Sep<11>2014   18:13 Dec 08, 2016   Jkt 241001   PO 00000   Frm 00092   Fmt 4703   Sfmt 4703   E:\FR\FM\09DEN1.SGM   09DEN1


                                                  89134                        Federal Register / Vol. 81, No. 237 / Friday, December 9, 2016 / Notices

                                                  Management (BLM) scoping meetings                          ETPs authorize the take of eagles                  seeks right-of-way grants ‘‘are suitable
                                                  for an environmental assessment (EA) of                 where the take is compatible with the                 for wind energy development and
                                                  the Phase I CCSM Project. A draft EIS                   preservation of eagles; where it is                   associated facilities.’’ As explained in
                                                  was prepared and a notice of availability               necessary to protect an interest in a                 the ROD, the BLM’s decision does not
                                                  of the draft EIS was published in the                   particular locality; where it is associated           authorize development of the wind
                                                  Federal Register on April 29, 2016 (81                  with, but not the purpose of, an                      energy project; rather, it allows BLM to
                                                  FR 25688), opening a 60-day comment                     otherwise lawful activity; and where                  accept and evaluate future right-of-way
                                                  period. The comment period was                          take is unavoidable. The Service will                 applications subject to the requirements
                                                  subsequently reopened for 2 weeks after                 issue permits for such take only after an             of all future wind energy development
                                                  it was discovered that a hyphen                         applicant has committed to undertake                  described therein (ROD at 6–1).
                                                  replaced an underscore in the public                    all practicable measures to avoid and                    PCW has since submitted to the BLM
                                                  comment email address in several                        minimize such take and mitigate                       site-specific plans of development from
                                                  outreach materials. The draft EIS                       anticipated take to the maximum extent                which the BLM is developing site-
                                                  provided discussion of the potential                    achievable to be compatible with the                  specific tiered EAs. In 2014, the BLM
                                                  impacts of the proposed action and an                   preservation of eagles. Standard ETPs                 published a final EA 1, which analyzes
                                                  analysis of reasonable alternatives to the              authorize eagle take in an identifiable               major components of project
                                                  proposed action. Two public comment                     timeframe and location. Programmatic                  infrastructure, including the haul road,
                                                  meetings for the draft EIS were held, on                ETPs authorize eagle take that is                     rail facility, and rock quarry. On March
                                                  June 6 and 7, 2016.                                     recurring and not within a specific,                  9, 2016, BLM published EA 2, which
                                                     The alternatives analyzed in the draft               identifiable timeframe and/or location.               analyzes the wind turbines and pads,
                                                  EIS were carried forward for full                       Standard and programmatic ETPs may                    access roads, laydown areas, electrical
                                                  analysis in the final EIS. Agencies,                    be issued for a period of up to 5 years.              and communication lines, and a
                                                  tribes, organizations, and interested                      B. Power Company of Wyoming                        construction camp.
                                                                                                          Application. As proposed by PCW, the                     The Service has incorporated by
                                                  parties provided comments on the draft
                                                                                                          CCSM Phase I Project will consist of                  reference information from the BLM
                                                  EIS via mail, email, and public
                                                                                                          approximately 500 wind turbines, a                    FEIS, ROD, EA1, and EA2 into our
                                                  meetings.
                                                                                                          haul road, a quarry to supply materials               environmental analysis in the final EIS
                                                  Background Information                                  for road construction, access roads, a                in order to avoid redundancy and
                                                                                                          rail distribution facility, underground               unnecessary paperwork. Council for
                                                     A. Migratory Birds and Eagle
                                                                                                          and overhead electrical and                           Environmental Quality (CEQ)
                                                  Protections. Raptors and most other
                                                                                                          communication lines, laydown areas,                   regulations authorize incorporation by
                                                  birds in the United States are protected
                                                                                                          operation and maintenance facilities,                 reference (40 CFR 1502.21, CEQ 40 Most
                                                  by the Migratory Bird Treaty Act (16
                                                                                                          and other supporting infrastructure                   Asked Questions #30; see also 43 CFR
                                                  U.S.C. 703–711). The President’s
                                                                                                          needed for Phase I to become fully                    46.135).
                                                  Executive Order 13186 directs agencies
                                                                                                          operational. PCW has applied for a                    Alternatives
                                                  to consider migratory birds in
                                                                                                          standard ETP for disturbance related to
                                                  environmental planning by avoiding or                                                                            In the final EIS, the Service analyzed
                                                                                                          construction of CCSM Phase I wind
                                                  minimizing to the extent practicable                                                                          the proposed action alternative, the
                                                                                                          turbines and infrastructure components,
                                                  adverse impacts on migratory bird                       and a programmatic ETP for operation                  proposed action with different
                                                  resources when conducting agency                        of the CCSM Phase I Project.                          mitigation, an alternative to issue ETPs
                                                  actions, and by ensuring environmental                     The applicant has prepared an ECP                  for Phase I of Sierra Madre Wind
                                                  analyses of Federal actions as required                 identifying measures it intends to                    Development Area only, and the no-
                                                  by NEPA or other established                            undertake to avoid, minimize, and                     action alternative. The Service
                                                  environmental review processes.                         compensate for potential impacts to                   identified the proposed action as the
                                                     Bald eagles and golden eagles are                    bald and golden eagles. To help meet                  preferred alternative.
                                                  provided further protection under                       requirements of the Migratory Bird                       Alternative 1: Proposed Action.
                                                  BGEPA, which prohibits anyone                           Treaty Act, the applicant has also                    Alternative 1 is for the Service to issue
                                                  without a permit issued by the Secretary                prepared a Bird and Bat Conservation                  ETPs for the construction of the Phase
                                                  of the Interior from ‘‘taking’’ eagles,                 Strategy (BBCS) containing measures                   I wind turbines and infrastructure
                                                  including their parts, nests, or eggs. An               the applicant proposes to implement to                components and for the operation of the
                                                  ETP authorizes the take of live eagles                  avoid or minimize impacts of the project              Phase I CCSM project, based on the ETP
                                                  and their eggs where the take is                        on other migratory birds. The Service                 applications submitted by PCW. The
                                                  associated with, but not the purpose of,                has considered the information                        proposed action includes avoidance and
                                                  a human activity or project that is                     presented in the ECP and BBCS in our                  minimization measures, best
                                                  otherwise a lawful activity. Regulations                analysis of environmental impacts in                  management practices, and
                                                  governing permits for bald and golden                   the final EIS.                                        compensatory mitigation described in
                                                  eagles can be found in the Code of                         C. The BLM’s NEPA Review. The                      detail in the EIS and in PCW’s
                                                  Federal Regulations at 50 CFR 22.26.                    CCSM Phase I Project would be situated                application and ECP. PCW has proposed
                                                  The Service is in the process of                        in an area of alternating sections of                 to retrofit high-risk power poles as
                                                  finalizing revisions to these regulations.              private, State, and Federal lands that are            compensatory mitigation, thereby
                                                  However, because PCW’s application                      administered by the BLM. In 2012, the                 reducing eagle mortality from
                                                  has already been submitted, it is                       BLM completed a final EIS (FEIS) to                   electrocution.
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                                                  governed by the existing regulations.                   evaluate whether the project area would                  Alternative 2: Proposed Action with
                                                  The proposed new regulations, if                        be acceptable for development of a wind               Different Mitigation. Under Alternative
                                                  finalized, would authorize this course of               facility in a manner compatible with                  2, the Service would issue ETPs for the
                                                  action, i.e., the new regulations would                 applicable Federal laws. On October 9,                construction and operation of the Phase
                                                  allow the Service to issue eagle take                   2012, BLM published a record of                       I CCSM Project as under Alternative 1,
                                                  permits to PCW under the currently                      decision (ROD) determining that the                   but would require PCW to implement a
                                                  applicable regulations.                                 portions of the area for which PCW                    different form of compensatory


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                                                                               Federal Register / Vol. 81, No. 237 / Friday, December 9, 2016 / Notices                                         89135

                                                  mitigation than proposed in its ETP                     PCW triggers compliance with NEPA.                    Service (Service), have jointly
                                                  applications. We are considering                        NEPA requires the Service to analyze                  developed a draft environmental impact
                                                  mitigation of older wind facilities, lead               the direct, indirect, and cumulative                  statement (DEIS) addressing an
                                                  abatement, carcass removal, carcass                     impacts of the CCSM Phase I project                   amendment to the 1997 WDNR Habitat
                                                  avoidance, wind conservation                            before we make our decision, and to                   Conservation Plan (HCP) to cover
                                                  easements, habitat enhancement                          make our analysis available to the                    implementation of a long-term
                                                  (focusing on prey habitat), and                         public. We have prepared the final EIS                conservation strategy (LTCS) for the
                                                  rehabilitation of injured eagles as                     to inform the public of our proposed                  marbled murrelet. The DEIS also
                                                  possible alternative forms of                           permit action, alternatives to that action,           addresses an amendment to the
                                                  compensatory mitigation.                                the environmental impacts of the                      Endangered Species Act (ESA) section
                                                     Alternative 3: Issue ETPs for Phase I                alternatives, and measures to minimize                10 incidental take permit (ITP) for the
                                                  of Sierra Madre Wind Development                        adverse environmental effects.                        WDNR HCP to cover implementation of
                                                  Area Only. The Service received                                                                               the LTCS. The DEIS is intended to
                                                  numerous comments during the scoping                    Public Availability of Submissions
                                                                                                                                                                satisfy the requirements of both the
                                                  process requesting that we examine a                      Before including your address, phone                National Environmental Policy Act
                                                  different development scenario from                     number, email address, or other                       (NEPA) and the Washington State
                                                  that proposed by PCW. However, to                       personal identifying information in your              Environmental Policy Act (SEPA). We
                                                  issue an ETP, we must analyze a                         correspondence, you should be aware                   request comments on these documents.
                                                  specific project and ECP to determine if                that your entire correspondence—                      DATES: To ensure consideration, please
                                                  it meets the requirements for an ETP.                   including your personal identifying                   send your written comments by March
                                                  Alternative 3 represents an example of                  information—may be made publicly                      9, 2017.
                                                  a different development scenario PCW                    available at any time. While you can ask                 Public Meetings and Webinar: Four
                                                  could present in a new application if the               us to withhold your personal identifying              public meetings will be held to solicit
                                                  Service were to determine that the                      information for public review, we                     public comments on the DEIS. For
                                                  Phase I CCSM Project would meet all                     cannot guarantee that we will be able to              locations, dates and times of the public
                                                  the criteria for issuing an ETP, but not                do so.                                                meetings and webinar, see Public
                                                  at the scale proposed. Alternative 3 is                   Comments and materials received will                Meetings and Webinar under
                                                  for the Service to issue ETPs for the                   be available for public inspection, by                SUPPLEMENTARY INFORMATION.
                                                  construction of Phase I infrastructure                  appointment, during normal business
                                                  and the construction and operation of                                                                         ADDRESSES: To view documents, request
                                                                                                          hours at the offices where the comments
                                                  wind turbines only in the Sierra Madre                  are being submitted.                                  further information, or submit
                                                  Wind Development Area (WDA) (298                                                                              comments, please use one of the
                                                  turbines total). This alternative includes              Authorities                                           following methods, and note that your
                                                  avoidance and minimization measures,                      This notice is published in                         information request or comments are in
                                                  best management practices, and                          accordance with the National                          reference to the DEIS addressing an
                                                  compensatory mitigation described in                    Environmental Policy Act of 1969; the                 amendment to the 1997 WDNR HCP and
                                                  PCW’s application as they apply to the                  CEQ’s regulations for implementing                    ITP to cover implementation of a
                                                  Sierra Madre WDA.                                       NEPA, 40 CFR parts 1500 through 1508;                 marbled murrelet LTCS:
                                                     Alternative 4: No Action. Under                      and the Department of the Interior’s                     Viewing Documents:
                                                  Alternative 4, the Service would deny                   NEPA regulations, 43 CFR part 46.                        • Internet: You can view the DEIS on
                                                  PCW standard and programmatic ETPs                                                                            the Internet at www.fws.gov/WWFWO/
                                                                                                          Stephen A. Smith,                                     or www.dnr.wa.gov/non-project-actions.
                                                  for construction and operation of the
                                                  Phase I CCSM Project. In addition to                    Acting Regional Director, Mountain-Prairie               • Hard Copies: There are limited
                                                                                                          Region                                                numbers of hard copies of the DEIS
                                                  being a potential outcome of the permit
                                                  review process, analysis of the No                      [FR Doc. 2016–29333 Filed 12–8–16; 8:45 am]           available for distribution (see FOR
                                                  Action alternative is required by CEQ                   BILLING CODE 4333–15–P                                FURTHER INFORMATION CONTACT).
                                                  regulation (40 CFR 1502.14) and                                                                                  • Comments and materials we
                                                  provides a baseline against which to                                                                          receive, as well as supporting
                                                                                                          DEPARTMENT OF THE INTERIOR                            documentation we use in preparing the
                                                  compare the environmental impacts of
                                                  the proposed action and other                                                                                 DEIS, will be available for public
                                                                                                          Fish and Wildlife Service                             inspection by appointment, during
                                                  reasonable alternatives. ETPs are not
                                                  required in order for PCW to construct                  [FWS–R1–ES–2016–N170;                                 normal business hours, at our
                                                  and operate the project; therefore, if we               FXES11120100000–167–FF01E00000]                       Washington Fish and Wildlife Office
                                                  deny the ETPs, PCW may choose to                                                                              (see FOR FURTHER INFORMATION CONTACT).
                                                                                                          Draft Environmental Impact Statement;                    Submitting Comments:
                                                  construct and operate the Phase I CCSM
                                                  Project without ETPs and without
                                                                                                          Amendment to the 1997 Washington                         • Email: Comments may be submitted
                                                                                                          State Department of Natural Resources                 electronically to WDNR at sepacenter@
                                                  adhering to an ECP. Alternative 4                       Habitat Conservation Plan and
                                                  analyzes both a ‘‘No Build’’ scenario                                                                         dnr.wa.gov. WDNR will transmit all
                                                                                                          Incidental Take Permit for the Long-                  comments received to the Service.
                                                  and a ‘‘Build Without ETPs’’ scenario.
                                                     This final EIS further incorporates
                                                                                                          Term Conservation Strategy for the                       • U.S. Mail: Comments may be
                                                                                                          Marbled Murrelet                                      submitted in writing to Lily Smith,
                                                  information received during the public
                                                                                                                                                                SEPA Responsible Official, Washington
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                                                  comment period for the draft EIS, and                   AGENCY:   Fish and Wildlife Service,
                                                  finalizes the analyses and conclusions                  Interior.                                             Department of Natural Resources, SEPA
                                                  in the document.                                                                                              Center, P.O. Box 47001, Olympia, WA
                                                                                                          ACTION: Notice of availability; request
                                                                                                                                                                98504–7015. WDNR will transmit all
                                                  National Environmental Policy Act                       for comments.
                                                                                                                                                                comments received to the Service.
                                                  Compliance                                              SUMMARY:With the Washington State                     FOR FURTHER INFORMATION CONTACT:
                                                    Our decision on whether to issue                      Department of Natural Resources                       Mark Ostwald, U.S. Fish and Wildlife
                                                  standard and programmatic ETPs to                       (WDNR), we, the U.S. Fish and Wildlife                Service, by telephone at (360) 753–9564,


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Document Created: 2018-02-14 09:03:39
Document Modified: 2018-02-14 09:03:39
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 final EIS is available for public review for 30 days, after which we will issue a record of decision.
ContactLouise Galiher, at 303-236-8677 (phone) or [email protected] (email); or Clint Riley, at 303-236- 5231 (phone) or [email protected] (email). Persons who use a telecommunications device for the deaf may call the Federal Relay Service at 1-800-877-8339 to contact the above individuals. The Federal Relay Service is available 24 hours a day, 7 days a week, for you to leave a message or question with the above individuals. You will receive a reply during normal business hours.
FR Citation81 FR 89133 

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