82 FR 15232 - Environmental Assessment and Habitat Conservation Plan; Heart of Texas Wind Project; McCulloch County, Texas
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service Federal Register Volume 82, Issue 57 (March 27, 2017)
Fish and Wildlife Service
Federal Register Volume 82, Issue 57 (March 27, 2017)
| Page Range | 15232-15234 | |
| FR Document | 2017-05969 |
[Federal Register Volume 82, Number 57 (Monday, March 27, 2017)] [Notices] [Pages 15232-15234] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-05969] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS-R2-ES-2016-N212; FXES11140200000-178-FF02ENEH00] Environmental Assessment and Habitat Conservation Plan; Heart of Texas Wind Project; McCulloch County, Texas AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of availability; draft environmental assessment, draft habitat conservation plan, and permit application. ----------------------------------------------------------------------- SUMMARY: Heart of Texas Wind, LLC (applicant), has applied to the U.S. Fish and Wildlife Service (Service) for an incidental take permit under the Endangered Species Act of 1973, as amended. If granted, the permit would be in effect for 30 years and would authorize incidental take of the black-capped vireo (covered species), a bird listed as endangered under the Act. The applicant has completed a draft HCP (dHCP) as part of the application package. The Service also announces the availability of a draft Environmental Assessment (dEA) that has been prepared to evaluate the permit application in accordance with the requirements of the National Environmental Policy Act. We are making the permit application package, including the dHCP, and dEA, available for public review and comment. DATES: To ensure consideration, written comments must be received or postmarked on or before April 26, 2017. ADDRESSES: Reviewing the Draft Environmental Assessment and Draft Environmental Assessment You may obtain copies of the dEA and dHCP by going to the Service's Web site at http://www.fws.gov/southwest/es/AustinTexas/. Alternatively, you may [[Page 15233]] obtain CD-ROM copies of these documents by writing to the Field Supervisor, U.S. Fish and Wildlife Service, 10711 Burnet Road, Suite 200, Austin, TX 78758; by calling (512) 490-0057; or by faxing (512) 490-0974. A limited number of printed copies of the dEA and dHCP are also available, by request, from the Field Supervisor. Copies of the dEA and dHCP are also available for public inspection and review at the following locations (by appointment only at government offices):Department of the Interior, Natural Resources Library, 1849 C St. NW., Washington, DC 20240. U.S. Fish and Wildlife Service, 500 Gold Avenue SW., Room 4012, Albuquerque, NM 87102. U.S. Fish and Wildlife Service, 10711 Burnet Road, Suite 200, Austin, TX 78758. Reviewing the Incidental Take Permit Application Persons wishing to review the application may obtain a copy by writing to the Regional Director, U.S. Fish and Wildlife Service, P.O. Box 1306, Room 4012, Albuquerque, NM 87103. Submitting Comments or Information To submit written comments, please use one of the following methods: Email: [email protected]. Please note that your request is in reference to the Heart of Texas Wind, LLC, HCP (TE- 13632C). Hard copy: Send your comments via U.S. mail to Mr. Adam Zerrenner, Austin Ecological Services Field Office, 10711 Burnet Road, Suite 200, Austin, TX 78758-4460; or via fax to 512-490-0974. Please note that your request is in reference to the Heart of Texas Wind, LLC, HCP (TE-13632C). FOR FURTHER INFORMATION CONTACT: Mr. Adam Zerrenner, via U.S. mail at U.S. Fish and Wildlife Service, 10711 Burnet Road, Suite 200, Austin, TX 78758; or via phone at (512) 490-0057. SUPPLEMENTARY INFORMATION: Heart of Texas Wind, LLC (HoT, applicant), has applied to the U.S. Fish and Wildlife Service (Service) for an incidental take permit (ITP, TE-13632C) under section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.; Act). The requested permit, which would be in effect for a period of 30 years, if granted, would authorize incidental take of the black-capped vireo (Vireo atricapilla) (BCVI, covered species), a bird species that is listed as endangered under the Act. Incidental take would be covered within 10,808 acres in McCulloch County, Texas, for construction of a wind energy facility. Covered activities include clearing for construction of turbine pads, access roads, underground medium voltage collection cables (MV collection cables), a substation, overhead high voltage transmission line, and other necessary infrastructure; installation of turbines and other infrastructure; ongoing operations and maintenance of the proposed project; and any activities necessary to manage habitat for the covered species that could temporarily result in incidental take. The applicant has completed a draft HCP (dHCP) as part of the application package. The Service also announces the availability of a draft Environmental Assessment (dEA) that has been prepared to evaluate the permit application in accordance with the requirements of the National Environmental Policy Act (42 U.S.C. 4321 et seq.; NEPA). We are making the permit application package, including the dHCP, and dEA available for public review and comment. Proposed Action The proposed action involves the issuance of an ITP by the Service for the covered activities in the permit area, pursuant to section 10(a)(1)(B) of the Act. The ITP would cover ``take'' of the covered species associated with construction of a wind energy facility within the permit area. The requested term of the ITP is 30 years. To meet the requirements of a section 10(a)(1)(B) ITP, the applicant developed and proposes to implement their dHCP, which describes the conservation measures the applicant has agreed to undertake to minimize and mitigate for the impacts of the proposed incidental take of the covered species to the maximum extent practicable, and ensure that incidental take will not appreciably reduce the likelihood of the survival and recovery of these species in the wild. Alternatives Two alternatives to the proposed action we are considering as part of this process are: 1. No Action Alternative. Under the No Action Alternative, HoT would not seek, and the Service would not issue, an ITP. HoT could elect either not to proceed with construction of the proposed project or to proceed with construction without an ITP or an HCP. If construction occurs, the Service assumes that HoT would construct the proposed project in a manner that complies with the Act and avoids take of BCVI. No permanent conservation of BCVI habitat would occur. 2. Preferred Alternative: Construction of the HoT wind energy facility under the HCP. This preferred alternative would involve issuance of the requested section 10(a)(1)(B) ITP contingent on the implementation of the Heart of Texas Wind Project HCP. The HCP includes the installation of up to 70 wind turbines, access roads, MV collection cables, substation, high-voltage transmission line, and other related infrastructure constructed within the project area. The covered activities will remove approximately 122.39 acres of occupied BCVI habitat within the plan area and indirectly affect an additional 602.62 acres of BCVI habitat. The applicant has proposed to allow 91.86 acres of BCVI habitat to regenerate within the plan area. The applicant has proposed to mitigate by securing up to 454.23 acres of permanently conserved BCVI habitat. The HoT HCP incorporates actions to minimize and mitigate unavoidable incidental take and includes micro-siting, seasonal clearing restrictions, post-construction habitat restoration, contractor training, and mechanisms to adapt management strategies and respond to emergencies. Section 9 of the Act and its implementing regulations prohibit ``take'' of fish and wildlife species listed as threatened or endangered under section 4 of the Act. However, section 10(a) of the Act authorizes us to issue permits to take listed wildlife species where such take is incidental to, and not the purpose of, otherwise lawful activities and where the applicant meets certain statutory requirements. Public Availability of Comments Written comments we receive become part of the public record associated with this action. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment--including your personal identifying information--may be made publicly available at any time. While you can request in your comment that we withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. We will not consider anonymous comments. All submissions from organizations or businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, will be made available for public disclosure in their entirety. Authority We provide this notice under section 10(c) of the Act and its implementing [[Page 15234]] regulations (50 CFR 17.22 and 17.32) and NEPA and its implementing regulations (40 CFR 1506.6). Benjamin N. Tuggle, Regional Director, Southwest Region, Albuquerque, New Mexico. [FR Doc. 2017-05969 Filed 3-24-17; 8:45 am] BILLING CODE 4333-15-P
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the use of appropriate automated, address FEMA-Information-Collections- electronic, mechanical, or other
electronic, mechanical, or other Management@fema.dhs.gov. technological collection techniques or
technological collection techniques or SUPPLEMENTARY INFORMATION: This other forms of information technology,
other forms of information technology, proposed information collection e.g., permitting electronic submission of
e.g., permitting electronic submission of previously published in the Federal responses.
responses. Register on November 23, 2016 at 81 FR Dated: March 17, 2017.
Dated: March 17, 2017. 84605 with a 60 day public comment William H. Holzerland,
William H. Holzerland, period. No comments were received. Senior Director for Information Management,
Senior Director for Information Management, This information collection expired on Office of the Chief Administrative Officer,
Office of the Chief Administrative Officer December 31, 2016. The purpose of this Mission Support, Federal Emergency
Mission Support, Federal Emergency notice is to inform the public that FEMA Management Agency, Department of
Management Agency, Department of will submit the information collection Homeland Security.
Homeland Security. abstracted below to the Office of [FR Doc. 2017–05963 Filed 3–24–17; 8:45 am]
[FR Doc. 2017–05997 Filed 3–24–17; 8:45 am] Management and Budget for BILLING CODE 9111–52–P
BILLING CODE 9110–52–P reinstatement and clearance.
Collection of Information
DEPARTMENT OF THE INTERIOR
DEPARTMENT OF HOMELAND Title: Write Your Own (WYO)
SECURITY Company Participation Criteria; New Fish and Wildlife Service
Applicant.
Federal Emergency Management Type of Information Collection: [FWS–R2–ES–2016–N212;
Agency Reinstatement, without change, of a FXES11140200000–178–FF02ENEH00]
previously approved information
[Docket ID: FEMA–2016–0031; OMB No. Environmental Assessment and
1660–0086] collection for which approval has
Habitat Conservation Plan; Heart of
expired.
OMB Number: 1660–0086. Texas Wind Project; McCulloch
Agency Information Collection County, Texas
Activities: Submission for OMB FEMA Forms: There is no FEMA form
Review; Comment Request; Write Your number. AGENCY: Fish and Wildlife Service,
Own (WYO) Company Participation Abstract: Under the NFIP, WYO Interior.
Criteria; New Applicant Program, FEMA may enter into
ACTION: Notice of availability; draft
arrangements with individual private
environmental assessment, draft habitat
AGENCY: Federal Emergency sector insurance companies that are
conservation plan, and permit
Management Agency, DHS. licensed to engage in the business of
application.
ACTION: Notice. offering NFIP flood insurance coverage.
The federal government acts as SUMMARY: Heart of Texas Wind, LLC
SUMMARY: The Federal Emergency underwriter of this flood insurance. To (applicant), has applied to the U.S. Fish
Management Agency will submit the ensure that a company seeking to return and Wildlife Service (Service) for an
information collection abstracted below or participate in the WYO program is incidental take permit under the
to the Office of Management and Budget qualified, FEMA requires an initial Endangered Species Act of 1973, as
for reinstatement and clearance in submission of information to determine amended. If granted, the permit would
accordance with the requirements of the the company’s qualifications, as set be in effect for 30 years and would
Paperwork Reduction Act of 1995. The forth in 44 CFR 62.24. authorize incidental take of the black-
reinstatement submission will describe Affected Public: Business or other for- capped vireo (covered species), a bird
the nature of the information collection, profit. listed as endangered under the Act. The
the categories of respondents, the Number of Respondents: 5. applicant has completed a draft HCP
estimated burden (i.e., the time, effort Number of Responses: 5. (dHCP) as part of the application
and resources used by respondents to Estimated Total Annual Burden
package. The Service also announces
respond) and cost, and the actual data Hours: 35.
the availability of a draft Environmental
collection instruments FEMA will use. Estimated Cost: $1727.95.
Assessment (dEA) that has been
DATES: Comments must be submitted on Comments prepared to evaluate the permit
or before April 26, 2017. application in accordance with the
Comments may be submitted as
ADDRESSES: Submit written comments indicated in the ADDRESSES caption requirements of the National
on the proposed information collection above. Comments are solicited to (a) Environmental Policy Act. We are
to the Office of Information and evaluate whether the proposed data making the permit application package,
Regulatory Affairs, Office of collection is necessary for the proper including the dHCP, and dEA, available
Management and Budget. Comments performance of the agency, including for public review and comment.
should be addressed to the Desk Officer whether the information shall have DATES: To ensure consideration, written
for the Department of Homeland practical utility; (b) evaluate the comments must be received or
Security, Federal Emergency accuracy of the agency’s estimate of the postmarked on or before April 26, 2017.
Management Agency, and sent via burden of the proposed collection of
asabaliauskas on DSK3SPTVN1PROD with NOTICES
ADDRESSES:
electronic mail to oira.submission@ information, including the validity of
omb.eop.gov. the methodology and assumptions used; Reviewing the Draft Environmental
FOR FURTHER INFORMATION CONTACT: (c) enhance the quality, utility, and Assessment and Draft Environmental
Requests for additional information or clarity of the information to be Assessment
copies of the information collection collected; and (d) minimize the burden You may obtain copies of the dEA and
should be made to Director, Records of the collection of information on those dHCP by going to the Service’s Web site
Management Division, 500 C Street SW., who are to respond, including through at http://www.fws.gov/southwest/es/
Washington, DC 20472–3100, or email the use of appropriate automated, AustinTexas/. Alternatively, you may
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![15234 Federal Register / Vol. 82, No. 57 / Monday, March 27, 2017 / Notices
regulations (50 CFR 17.22 and 17.32) SUPPLEMENTARY INFORMATION: Notice is together in piles, while the skeletal
and NEPA and its implementing here given in accordance with the material from Area A were scattered,
regulations (40 CFR 1506.6). Native American Graves Protection and disarticulated, and badly mixed. In
Repatriation Act (NAGPRA), 25 U.S.C. addition to Areas A and B,
Benjamin N. Tuggle,
3003(d)(3), of the completion of an approximately four individuals were
Regional Director, Southwest Region, inventory of human remains under the removed from two other areas of the
Albuquerque, New Mexico.
control of the Alaska Region USFWS. island; these were designated as sites 14
[FR Doc. 2017–05969 Filed 3–24–17; 8:45 am] The human remains and associated and 21.
BILLING CODE 4333–15–P funerary objects were removed from In the early 1960s, these human
Chirikof Island, Kodiak Island Borough, remains were held at the University of
AK. Wisconsin-Madison. In the late 1960s,
DEPARTMENT OF THE INTERIOR This notice is published as part of the most of the collection was loaned to Dr.
National Park Service’s administrative Neal Tappen at the University of
National Park Service
responsibilities under NAGPRA, 25 Wisconsin-Milwaukie. In 1982, a
[NPS–WASO–NAGPRA–22938; U.S.C. 3003(d)(3). The determinations in doctoral student brought the remains to
PPWOCRADN0–PCU00RP14.R50000] this notice are the sole responsibility of Indiana University in Bloomington, IN.
the museum, institution, or Federal In March 2016, the collection was
Notice of Inventory Completion: U.S. agency that has control of the Native transferred to the USACE St. Louis
Fish and Wildlife Service, Alaska American human remains and District for inventory and rehousing in
Region, Anchorage, AK associated funerary objects. The anticipation of their return to Alaska.
AGENCY: National Park Service, Interior. National Park Service is not responsible The human remains are believed to be
for the determinations in this notice. interments stemming from a continuous
ACTION: Notice.
Consultation occupation of the island between 1798
SUMMARY: The U.S. Fish and Wildlife and 1870 by administrators as well as
Service, Alaska Region, Anchorage, AK A detailed assessment of the human conscript and paid laborers hunting
(Alaska Region USFWS), has completed remains was made by the Alaska Region ground squirrels for the Russian-
an inventory of human remains and USFWS professional staff and U.S. American Company. The preponderance
associated funerary objects, in Army Corps of Engineers (USACE St. of records, including lists of residents
consultation with the appropriate Louis District) staff in consultation with for the period 1833–1870, point to the
Indian tribes or Native Hawaiian representatives of the Sun’aq Tribe of Chirikof population as being mainly
organizations, including Alaska Native Kodiak (previously listed as the Kodiak Island Alutiiq from the
Tribes, and has determined that there is Shoonaq’ Tribe of Kodiak). southwest portion of the island
a cultural affiliation between the human History and Description of the Remains including those on Tugidak and
remains and associated funerary objects, In August 1962, human remains Sitkinak islands. Therefore, the Chirikof
and present-day Indian tribes or Native representing, at minimum, 109 Island human remains are likely Native
Hawaiian organizations. Lineal individuals were removed from American and most closely affiliated
descendants or representatives of any multiple sites in the Southwest with the modern Kodiak Alutiiq people.
Indian tribe or Native Hawaiian Anchorage of Chirikof Island, in Kodiak Determinations Made by the Alaska
organization, including Alaska Native Island Borough, AK. The human Region USFWS
Tribes, not identified in this notice that remains represent a minimum of 61
wish to request transfer of control of Officials of the Alaska Region USFWS
individuals, 48 adults and 13 juveniles, have determined that:
these human remains and associated from blowout A (also referred to as Site
funerary objects, should submit a • Pursuant to 25 U.S.C. 3001(9), the
1); a minimum of 42 individuals 30 human remains described in this notice
written request to the Alaska Region adults and 12 juveniles, from blowout B;
USFWS. If no additional requestors represent the physical remains of 109
two adult individuals from Site 2 (also individuals of Native American
come forward, transfer of control of the listed as the Midden Site, a secondary
human remains to the lineal ancestry.
descendants, Indian tribes, Native
site at blowout B); and four adult • Pursuant to 25 U.S.C. 3001(3)(A),
individuals from the additional the 47 objects described in this notice
Hawaiian, Alaska Native Tribes, or locations on the island. No known
organizations stated in this notice may are reasonably believed to have been
individuals were identified. The 47 placed with or near individual human
proceed. associated funerary objects include 4 remains at the time of death or later as
DATES: Representatives of any Indian vials of blue European trading beads, 2 part of the death rite or ceremony.
tribes or Native Hawaiian organizations, vials white European trading beads, 34 • Pursuant to 25 U.S.C. 3001 (2),
including Alaska Native Tribes, not amber beads, and 1 animal bone shaft there is a relationship of shared group
identified in this notice that wish to all from burial 2 at Site 2; 3 labrets, 2 identity that can be reasonably traced
request transfer of control of these jet and 1 ivory were recovered from Site between the Native American human
human remains should submit a written 1 on Chirikof Island. remains and the Sun’aq Tribe of Kodiak
request with information in support of Anthropologists collected exposed (previously listed as the Shoonaq’ Tribe
the request to the Alaska Region USFWS human remains from two areas of Kodiak).
at the address in this notice by April 26, designated blowout Area A and B. Area
asabaliauskas on DSK3SPTVN1PROD with NOTICES
2017. A was a deflating dune trending east- Additional Requestors and Disposition
ADDRESSES: Edward J. DeCleva, Regional west 200 meters from the shoreline of Lineal descendants or representatives
Historic Preservation Officer, U.S. Fish the Southwest Anchorage, and Area B is of any Indian tribe or Native Hawaiian
and Wildlife Service, Alaska Region, described as an area approximately 200 organization not identified in this notice
1011 East Tudor Road, MS–235, by 100 meters located east of Area A that wish to request transfer of control
Anchorage, AK 99503, telephone (907) across a river. At the time of the of these human remains and associated
786–3399, email Edward_decleva@ collection, most of the human remains funerary objects should submit a written
fws.gov. from Area B were found stacked request with information in support of
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Document Created: 2017-03-25 00:21:43
Document Modified: 2017-03-25 00:21:43
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of availability; draft environmental assessment, draft habitat conservation plan, and permit application. | |
| Dates | To ensure consideration, written comments must be received or postmarked on or before April 26, 2017. | |
| Contact | Mr. Adam Zerrenner, via U.S. mail at U.S. Fish and Wildlife Service, 10711 Burnet Road, Suite 200, Austin, TX 78758; or via phone at (512) 490-0057. | |
| FR Citation | 82 FR 15232 |
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