82_FR_7865 82 FR 7852 - Availability of Record of Decision for Eagle Take Permits for the Chokecherry and Sierra Madre Phase I Wind Energy Project

82 FR 7852 - Availability of Record of Decision 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 82, Issue 13 (January 23, 2017)

Page Range7852-7854
FR Document2017-01346

We, the U.S. Fish and Wildlife Service (Service or USFWS), have prepared a record of decision (ROD) on the final environmental impact statement (Final EIS) for Eagle Take Permits for the Chokecherry and Sierra Madre Phase I Wind Energy Project (CCSM Phase I Project). The ROD and Final EIS were prepared under the National Environmental Policy Act of 1969 (NEPA), as amended, in response to an application from Power Company of Wyoming LLC (PCW) for eagle take permits (ETPs) pursuant to the Bald and Golden Eagle Protection Act (BGEPA) and its implementing regulations. PCW has applied for both a standard and a programmatic ETP for the CCSM Phase I Project in Carbon County, Wyoming. The ROD is a concise statement of the purpose and need for the action, description of the project, the action alternatives considered, decisions made, and acceptable mitigation measures identified and committed to for avoiding or minimizing environmental impacts. The ROD also summarizes potential effects of the selected alternative, the public involvement process, and comments on the Final EIS.

Federal Register, Volume 82 Issue 13 (Monday, January 23, 2017)
[Federal Register Volume 82, Number 13 (Monday, January 23, 2017)]
[Notices]
[Pages 7852-7854]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-01346]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R6-MB-2017-N008; FF06M00000-XXX-FRMB48720660090]


Availability of Record of Decision 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 (Service or USFWS), 
have prepared a record of decision (ROD) on the final environmental 
impact statement (Final EIS) for Eagle Take Permits for the Chokecherry 
and Sierra Madre Phase I Wind Energy Project (CCSM Phase I Project). 
The ROD and Final EIS were prepared under the National Environmental 
Policy Act of 1969 (NEPA), as amended, in response to an application 
from Power Company of Wyoming LLC (PCW) for eagle take permits (ETPs) 
pursuant to the Bald and Golden Eagle Protection Act (BGEPA) and its 
implementing regulations. PCW has applied for both a standard and a 
programmatic ETP for the CCSM Phase I Project in Carbon County, 
Wyoming. The ROD is a concise statement of the purpose and need for the 
action, description of the project, the action alternatives considered, 
decisions made, and acceptable mitigation measures identified and 
committed to for avoiding or minimizing environmental impacts. The ROD 
also summarizes potential effects of the selected alternative, the 
public involvement process, and comments on the Final EIS.

ADDRESSES: Copies of the ROD are available 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 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). The ROD, the Final EIS, the permit application and 
the supporting eagle conservation plan 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 ROD via the following methods:
     Email: [email protected].
     U.S. Mail: Chokecherry and Sierra Madre EIS, U.S. Fish and 
Wildlife Service, Mountain-Prairie Region,

[[Page 7853]]

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 ROD on the Final EIS under NEPA, as amended 
(42 U.S.C. 4321 et seq.), in response to an application from PCW for 
ETPs pursuant to BGEPA, (16 U.S.C. 668-668c) and its implementing 
regulations. PCW has applied for both a standard and programmatic ETP 
for the CCSM Phase I Project in Carbon County, Wyoming.

Public Coordination

    As noted in the notice of availability for the Final EIS (81 FR 
89133, December 9, 2016), the public was notified of the intent to 
prepare an EIS, and was earlier notified of the availability of the 
Draft EIS for review and comment. 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, and the 
Final EIS via mail and email.

The Selected Alternative

    In the Final EIS, the Service analyzed four alternatives as 
described below. The Service identified the proposed action as the 
preferred alternative. In the ROD, the proposed action was identified 
as the selected alternative for implementation.
    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. As compensatory mitigation PCW has 
proposed to retrofit existing high-risk power poles, thereby reducing 
ongoing eagle mortality from electrocution.

Other Alternatives Considered

    Four alternatives, including the proposed action, were analyzed in 
the Final EIS. The other three alternatives analyzed included:
    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 mitigation 
than proposed in its ETP applications. We considered 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 Only the Phase I of Sierra Madre Wind 
Development Area. 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 represented 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 was 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 included 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 Council on Environmental Quality (CEQ) regulations (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 analyzed both a ``No Build'' scenario 
and a ``Build Without ETPs'' scenario.

Environmentally Preferable Alternative

    After review of the programmatic ETP application and completion of 
the NEPA process, we determined that Alternative 3 (Issue ETPs for Only 
Phase I of Sierra Madre Wind Development Area) and the No Build option 
of Alternative 4 (No Action: Denial of ETPs) are the Environmentally 
Preferable Alternatives. Although Alternative 3 would result in lower 
eagle take and fewer environmental impacts than Alternative 1, we have 
not received a permit application for this or any other smaller subset 
of the CCSM Phase I Project. As described in the Final EIS, we 
considered Alternative 3 as an example of a different development 
scenario and stated that Alternative 3 would have been eligible for 
selection only if we were to determine that Alternative 1 did not meet 
regulatory criteria for a standard ETP and programmatic ETP. Because 
Alternative 1 did meet regulatory criteria, we did not select 
Alternative 3 for implementation.
    Because the Alternative 4 No Build option would result in no 
construction or operation impacts from developing the proposed CCSM 
Phase I Project, including no take of eagles, we have identified the No 
Build option as an Environmentally Preferred Alternative. However, 
because we find that Alternative 1 meets permitting regulatory 
criteria, and have identified no other basis for denying the ETP 
applications, we are not selecting Alternative 4. In addition, the No 
Build option of Alternative 4 would be inconsistent with Secretarial 
Order 3285, which encourages development of renewable energy generation 
projects in the United States. We also note that Alternative 4 would 
deny the ETP applications, but would not necessarily result in the No 
Build scenario, and that if Alternative 4 would result in the CCSM 
Phase I Project being built without conservation measures that would 
otherwise be required by an ETP, it would not constitute an 
environmentally preferred alternative.

[[Page 7854]]

Minimization of Impacts

    The Final EIS addresses public concerns, potential impacts, and 
methods to minimize impacts. The Service considered that all identified 
practicable means to avoid or minimize environmental impacts associated 
with implementing the selected alternative will be utilized.

Decision

    The Service's decision is to implement Alternative 1: Proposed 
Action, and issue a standard and a programmatic eagle take permit for 
the CCSM Phase I Project.
    This decision is based on the information contained in the Final 
EIS for Eagle Take Permits for the CCSM Phase I Project, which updated 
and supplemented the information contained in the Draft EIS.

National Environmental Policy Act Compliance

    Our decision of whether to issue standard and programmatic ETPs to 
PCW triggered compliance with NEPA. NEPA required the Service to 
analyze the direct, indirect, and cumulative impacts of the CCSM Phase 
I Project before we made our decision, and to make our analysis 
available to the public. We 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.

Authorities

    This notice is published in accordance with NEPA; 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.

Noreen Walsh,
Regional Director, USFWS Mountain-Prairie Region.
[FR Doc. 2017-01346 Filed 1-19-17; 8:45 am]
 BILLING CODE 4333-15-P



                                                  7852                                   Federal Register / Vol. 82, No. 13 / Monday, January 23, 2017 / Notices

                                                                                               Community                                                                           Community map repository address

                                                  City of Hepburn ........................................................................................      Hepburn City Office, 501 Railroad Street, Clarinda, IA 51632.
                                                  City of Northboro ......................................................................................      Clarinda City Building, 200 South 15th Street, Clarinda, IA 51632.
                                                  City of Shambaugh ...................................................................................         City Hall, 307 Main Street, Shambaugh, IA 51651.
                                                  City of Shenandoah ..................................................................................         City Hall, 500 West Clarinda Avenue, Shenandoah, IA 51601.
                                                  City of Yorktown .......................................................................................      Clarinda City Building, 200 South 15th Street, Clarinda, IA 51632.
                                                  Unincorporated Areas of Page County ....................................................                      Clarinda City Building, 200 South 15th Street, Clarinda, IA 51632.

                                                                                                                      St. Mary Parish, Louisiana and Incorporated Areas
                                                                                                                                  Docket No.: FEMA–B–1543

                                                  Chitimacha Tribe of Louisiana ..................................................................              Chitimacha Tribe of Louisiana, St. Mary Parish Courthouse, Planning
                                                                                                                                                                  and Zoning Office, 500 Main Street, 5th Floor, Franklin, LA 70538.
                                                  City of Franklin .........................................................................................    City Hall, 300 Iberia Street, Franklin, LA 70538.
                                                  City of Morgan City ...................................................................................       Planning and Zoning Department, 509 2nd Street, Morgan City, LA
                                                                                                                                                                  70380.
                                                  City of Patterson .......................................................................................     City Hall, 1314 Main Street, Patterson, LA 70392.
                                                  Town of Baldwin .......................................................................................       Town Hall, 800 Main Street, Baldwin, LA 70514.
                                                  Town of Berwick .......................................................................................       Town Hall, 3225 3rd Street, Berwick, LA 70342.
                                                  Unincorporated Areas of St. Mary Parish ................................................                      St. Mary Parish Courthouse, Planning and Zoning Office, 500 Main
                                                                                                                                                                  Street, 5th Floor, Franklin, LA 70538.

                                                                                                                    Olmsted County, Minnesota and Incorporated Areas
                                                                                                                      Docket Nos.: FEMA–B–1329 and FEMA–B–1557

                                                  City of Chatfield ........................................................................................    Municipal Offices, 21 Southeast 2nd Street, Chatfield, MN 55923.
                                                  City of Dover .............................................................................................   City Hall, 218 North Chatfield Street, Dover, MN 55929.
                                                  City of Eyota .............................................................................................   City Hall, 38 South Front Street Southwest, Eyota, MN 55934.
                                                  City of Pine Island ....................................................................................      City Hall, 250 South Main Street, Pine Island, MN 55963.
                                                  City of Rochester ......................................................................................      City Hall, 201 4th Street Southeast, Rochester, MN 55904.
                                                  City of Stewartville ....................................................................................     City Hall, 105 East 1st Street, Stewartville, MN 55976.
                                                  Unincorporated Areas of Olmsted County ...............................................                        Olmsted County Government Center, 151 4th Street Southeast, Roch-
                                                                                                                                                                  ester, MN 55904.

                                                                                                                     Roseau County, Minnesota and Incorporated Areas
                                                                                                                      Docket Nos.: FEMA–B–1310 and FEMA–B–1548

                                                  City of Badger ...........................................................................................    City Hall, 111 North Main Street, Badger, MN 56714.
                                                  City of Greenbush ....................................................................................        City Hall, 244 Main Street North, Greenbush, MN 56726.
                                                  City of Roseau ..........................................................................................     City Center, 121 Center Street East, Suite 202, Roseau, MN 56751.
                                                  City of Warroad ........................................................................................      City Office, 121 Main Avenue Northeast, Warroad, MN 56763.
                                                  Unincorporated Areas of ..........................................................................            Roseau County Courthouse, 606 5th Avenue Southwest, Room 130,
                                                  Roseau County .........................................................................................         Roseau, MN 56751.



                                                  [FR Doc. 2017–01372 Filed 1–19–17; 8:45 am]                              ROD and Final EIS were prepared under                          Rawlins, Wyoming; the Saratoga Public
                                                  BILLING CODE 9110–12–P                                                   the National Environmental Policy Act                          Library at 503 West Elm Street,
                                                                                                                           of 1969 (NEPA), as amended, in                                 Saratoga, Wyoming; the USFWS
                                                                                                                           response to an application from Power                          Wyoming Ecological Services Office at
                                                  DEPARTMENT OF THE INTERIOR                                               Company of Wyoming LLC (PCW) for                               5353 Yellowstone Road, Suite 308A,
                                                                                                                           eagle take permits (ETPs) pursuant to                          Cheyenne, Wyoming (contact Nathan
                                                  Fish and Wildlife Service                                                the Bald and Golden Eagle Protection                           Darnall to coordinate access, at nathan_
                                                  [FWS–R6–MB–2017–N008; FF06M00000–
                                                                                                                           Act (BGEPA) and its implementing                               darnall@fws.gov or 307–772–2374 ext.
                                                  XXX–FRMB48720660090]                                                     regulations. PCW has applied for both a                        246); and the USFWS Region 6 Office at
                                                                                                                           standard and a programmatic ETP for                            134 South Union Boulevard, Lakewood,
                                                  Availability of Record of Decision for                                   the CCSM Phase I Project in Carbon                             Colorado (contact Louise Galiher to
                                                  Eagle Take Permits for the                                               County, Wyoming. The ROD is a concise                          coordinate access, at louise_galiher@
                                                  Chokecherry and Sierra Madre Phase I                                     statement of the purpose and need for                          fws.gov or 303–236–8677). The ROD, the
                                                  Wind Energy Project                                                      the action, description of the project, the                    Final EIS, the permit application and
                                                                                                                           action alternatives considered, decisions                      the supporting eagle conservation plan
                                                  AGENCY:   Fish and Wildlife Service,                                     made, and acceptable mitigation
                                                  Interior.                                                                                                                               are also available electronically on the
                                                                                                                           measures identified and committed to                           USFWS Web site at https://
                                                  ACTION: Notice of availability.                                          for avoiding or minimizing                                     www.fws.gov/mountain-prairie/wind/
                                                  SUMMARY:  We, the U.S. Fish and                                          environmental impacts. The ROD also                            ChokecherrySierraMadre/index.html.
mstockstill on DSK3G9T082PROD with NOTICES




                                                  Wildlife Service (Service or USFWS),                                     summarizes potential effects of the
                                                                                                                           selected alternative, the public                                 You may contact us regarding the
                                                  have prepared a record of decision                                                                                                      ROD via the following methods:
                                                  (ROD) on the final environmental                                         involvement process, and comments on
                                                  impact statement (Final EIS) for Eagle                                   the Final EIS.                                                   • Email: CCSM_EIS@fws.gov.
                                                  Take Permits for the Chokecherry and                                     ADDRESSES:   Copies of the ROD are                               • U.S. Mail: Chokecherry and Sierra
                                                  Sierra Madre Phase I Wind Energy                                         available at the Carbon County Library                         Madre EIS, U.S. Fish and Wildlife
                                                  Project (CCSM Phase I Project). The                                      System at 215 West Buffalo Street,                             Service, Mountain-Prairie Region,


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                                                                                Federal Register / Vol. 82, No. 13 / Monday, January 23, 2017 / Notices                                             7853

                                                  Attention: Louise Galiher, P.O. Box                     management practices, and                              provides a baseline against which to
                                                  25486 DFC, Denver, CO 80225.                            compensatory mitigation described in                   compare the environmental impacts of
                                                    • Hand-Delivery/Courier:                              detail in the EIS and in PCW’s                         the proposed action and other
                                                  Chokecherry and Sierra Madre EIS, U.S.                  application and ECP. As compensatory                   reasonable alternatives. ETPs are not
                                                  Fish and Wildlife Service, Mountain-                    mitigation PCW has proposed to retrofit                required in order for PCW to construct
                                                  Prairie Region, Attention: Louise                       existing high-risk power poles, thereby                and operate the project; therefore, if we
                                                  Galiher, 134 Union Blvd., Lakewood,                     reducing ongoing eagle mortality from                  deny the ETPs, PCW may choose to
                                                  CO 80228.                                               electrocution.                                         construct and operate the Phase I CCSM
                                                  FOR FURTHER INFORMATION CONTACT:                        Other Alternatives Considered                          Project without ETPs and without
                                                  Louise Galiher, at 303–236–8677                                                                                adhering to an ECP. Alternative 4
                                                                                                             Four alternatives, including the                    analyzed both a ‘‘No Build’’ scenario
                                                  (phone) or louise_galiher@fws.gov
                                                                                                          proposed action, were analyzed in the                  and a ‘‘Build Without ETPs’’ scenario.
                                                  (email); or Clint Riley, at 303–236–5231
                                                                                                          Final EIS. The other three alternatives
                                                  (phone) or clint_riley@fws.gov (email).
                                                                                                          analyzed included:                                     Environmentally Preferable Alternative
                                                  Persons who use a telecommunications                       Alternative 2: Proposed Action with
                                                  device for the deaf may call the Federal                Different Mitigation. Under Alternative                   After review of the programmatic ETP
                                                  Relay Service at 1–800–877–8339 to                      2, the Service would issue ETPs for the                application and completion of the NEPA
                                                  contact the above individuals. The                      construction and operation of the Phase                process, we determined that Alternative
                                                  Federal Relay Service is available 24                   I CCSM Project as under Alternative 1,                 3 (Issue ETPs for Only Phase I of Sierra
                                                  hours a day, 7 days a week, for you to                  but would require PCW to implement a                   Madre Wind Development Area) and the
                                                  leave a message or question with the                    different form of compensatory                         No Build option of Alternative 4 (No
                                                  above individuals. You will receive a                   mitigation than proposed in its ETP                    Action: Denial of ETPs) are the
                                                  reply during normal business hours.                     applications. We considered mitigation                 Environmentally Preferable
                                                  SUPPLEMENTARY INFORMATION: We, the                      of older wind facilities, lead abatement,              Alternatives. Although Alternative 3
                                                  U.S. Fish and Wildlife Service (Service),               carcass removal, carcass avoidance,                    would result in lower eagle take and
                                                  have prepared a ROD on the Final EIS                    wind conservation easements, habitat                   fewer environmental impacts than
                                                  under NEPA, as amended (42 U.S.C.                       enhancement (focusing on prey habitat),                Alternative 1, we have not received a
                                                  4321 et seq.), in response to an                        and rehabilitation of injured eagles as                permit application for this or any other
                                                  application from PCW for ETPs                           possible alternative forms of                          smaller subset of the CCSM Phase I
                                                  pursuant to BGEPA, (16 U.S.C. 668–                      compensatory mitigation.                               Project. As described in the Final EIS,
                                                  668c) and its implementing regulations.                    Alternative 3: Issue ETPs for Only the              we considered Alternative 3 as an
                                                  PCW has applied for both a standard                     Phase I of Sierra Madre Wind                           example of a different development
                                                  and programmatic ETP for the CCSM                       Development Area. The Service                          scenario and stated that Alternative 3
                                                  Phase I Project in Carbon County,                       received numerous comments during                      would have been eligible for selection
                                                  Wyoming.                                                the scoping process requesting that we                 only if we were to determine that
                                                                                                          examine a different development                        Alternative 1 did not meet regulatory
                                                  Public Coordination                                     scenario from that proposed by PCW.                    criteria for a standard ETP and
                                                     As noted in the notice of availability               However, to issue an ETP, we must                      programmatic ETP. Because Alternative
                                                  for the Final EIS (81 FR 89133,                         analyze a specific project and ECP to                  1 did meet regulatory criteria, we did
                                                  December 9, 2016), the public was                       determine if it meets the requirements                 not select Alternative 3 for
                                                  notified of the intent to prepare an EIS,               for an ETP. Alternative 3 represented an               implementation.
                                                  and was earlier notified of the                         example of a different development
                                                  availability of the Draft EIS for review                scenario PCW could present in a new                       Because the Alternative 4 No Build
                                                  and comment. The alternatives analyzed                  application if the Service were to                     option would result in no construction
                                                  in the Draft EIS were carried forward for               determine that the Phase I CCSM Project                or operation impacts from developing
                                                  full analysis in the Final EIS. Agencies,               would meet all the criteria for issuing an             the proposed CCSM Phase I Project,
                                                  tribes, organizations, and interested                   ETP, but not at the scale proposed.                    including no take of eagles, we have
                                                  parties provided comments on the Draft                  Alternative 3 was for the Service to                   identified the No Build option as an
                                                  EIS via mail, email, and public                         issue ETPs for the construction of Phase               Environmentally Preferred Alternative.
                                                  meetings, and the Final EIS via mail and                I infrastructure and the construction and              However, because we find that
                                                  email.                                                  operation of wind turbines only in the                 Alternative 1 meets permitting
                                                                                                          Sierra Madre Wind Development Area                     regulatory criteria, and have identified
                                                  The Selected Alternative                                                                                       no other basis for denying the ETP
                                                                                                          (WDA) (298 turbines total). This
                                                    In the Final EIS, the Service analyzed                alternative included avoidance and                     applications, we are not selecting
                                                  four alternatives as described below.                   minimization measures, best                            Alternative 4. In addition, the No Build
                                                  The Service identified the proposed                     management practices, and                              option of Alternative 4 would be
                                                  action as the preferred alternative. In the             compensatory mitigation described in                   inconsistent with Secretarial Order
                                                  ROD, the proposed action was identified                 PCW’s application as they apply to the                 3285, which encourages development of
                                                  as the selected alternative for                         Sierra Madre WDA.                                      renewable energy generation projects in
                                                  implementation.                                            Alternative 4: No Action. Under                     the United States. We also note that
                                                    Alternative 1: Proposed Action.                       Alternative 4, the Service would deny                  Alternative 4 would deny the ETP
                                                  Alternative 1 is for the Service to issue               PCW standard and programmatic ETPs                     applications, but would not necessarily
mstockstill on DSK3G9T082PROD with NOTICES




                                                  ETPs for the construction of the Phase                  for construction and operation of the                  result in the No Build scenario, and that
                                                  I wind turbines and infrastructure                      Phase I CCSM Project. In addition to                   if Alternative 4 would result in the
                                                  components and for the operation of the                 being a potential outcome of the permit                CCSM Phase I Project being built
                                                  Phase I CCSM project, based on the ETP                  review process, analysis of the No                     without conservation measures that
                                                  applications submitted by PCW. The                      Action alternative is required by                      would otherwise be required by an ETP,
                                                  proposed action includes avoidance and                  Council on Environmental Quality                       it would not constitute an
                                                  minimization measures, best                             (CEQ) regulations (40 CFR 1502.14) and                 environmentally preferred alternative.


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                                                  7854                          Federal Register / Vol. 82, No. 13 / Monday, January 23, 2017 / Notices

                                                  Minimization of Impacts                                 SUMMARY:    In accordance with the Oil                 was also released into the environment
                                                    The Final EIS addresses public                        Pollution Act of 1990 (OPA), the                       as a result of the spill.
                                                  concerns, potential impacts, and                        National Environmental Policy Act                         The Deepwater Horizon State and
                                                  methods to minimize impacts. The                        (NEPA), the Consent Decree, and the                    Federal natural resource trustees
                                                  Service considered that all identified                  Final Programmatic Damage Assessment                   (Trustees) conducted the natural
                                                  practicable means to avoid or minimize                  Restoration Plan and Final                             resource damage assessment (NRDA) for
                                                  environmental impacts associated with                   Programmatic Environmental Impact                      the Deepwater Horizon oil spill under
                                                  implementing the selected alternative                   Statement, the Federal and State natural               the Oil Pollution Act 1990 (OPA; 33
                                                  will be utilized.                                       resource trustee agencies for the                      U.S.C. 2701 et seq.). Pursuant to OPA,
                                                                                                          Louisiana Trustee Implementation                       Federal and State agencies act as
                                                  Decision                                                Group (Trustees) have approved the                     trustees on behalf of the public to assess
                                                    The Service’s decision is to                          ‘‘Louisiana Trustee Implementation                     natural resource injuries and losses and
                                                  implement Alternative 1: Proposed                       Group Final Restoration Plan #1:                       determine actions required to
                                                  Action, and issue a standard and a                      Restoration of Wetlands, Coastal, and                  compensate the public for those injuries
                                                  programmatic eagle take permit for the                  Nearshore Habitats; Habitat Projects on                and losses. OPA further instructs the
                                                  CCSM Phase I Project.                                   Federally Managed Lands; and Birds’’                   designated trustees to develop and
                                                    This decision is based on the                         (Restoration Plan #1). The Trustees have               implement a plan for the restoration,
                                                  information contained in the Final EIS                  selected to fund engineering and design                rehabilitation, replacement, or
                                                  for Eagle Take Permits for the CCSM                     activities for six projects intended to                acquisition of the equivalent of the
                                                  Phase I Project, which updated and                      continue the process of restoring natural              injured natural resources under their
                                                  supplemented the information                            resources and services injured or lost as              trusteeship, including the loss of use
                                                  contained in the Draft EIS.                             a result of the Deepwater Horizon oil                  and services from those resources from
                                                                                                          spill, which occurred on or about April                the time of injury until the time of
                                                  National Environmental Policy Act                       20, 2010, in the Gulf of Mexico.                       restoration to baseline (the resource
                                                  Compliance                                              ADDRESSES: Obtaining Documents: You                    quality and conditions that would exist
                                                     Our decision of whether to issue                     may download the ‘‘Louisiana Trustee                   if the spill had not occurred) is
                                                  standard and programmatic ETPs to                       Implementation Group Final Restoration                 complete.
                                                  PCW triggered compliance with NEPA.                     Plan #1: Restoration of Wetlands,                         The Trustees are:
                                                  NEPA required the Service to analyze                    Coastal, and Nearshore Habitats, Habitat                  • U.S. Department of the Interior
                                                  the direct, indirect, and cumulative                    Projects on Federally Managed Lands;                   (DOI), as represented by the National
                                                  impacts of the CCSM Phase I Project                     and Birds’’ at any of the following sites:             Park Service, U.S. Fish and Wildlife
                                                  before we made our decision, and to                     • http://www.gulfspillrestoration.                     Service, and Bureau of Land
                                                  make our analysis available to the                         noaa.gov.                                           Management;
                                                  public. We prepared the Final EIS to                    • http://www.doi.gov/                                     • National Oceanic and Atmospheric
                                                  inform the public of our proposed                          deepwaterhorizon.                                   Administration (NOAA), on behalf of
                                                  permit action, alternatives to that action,             • http://la-dwh.com.                                   the U.S. Department of Commerce;
                                                  the environmental impacts of the                                                                                  • U.S. Department of Agriculture
                                                                                                          Alternatively, you may request a CD of                 (USDA);
                                                  alternatives, and measures to minimize
                                                                                                          the Final Restoration Plan # 1 (see FOR                   • U.S. Environmental Protection
                                                  adverse environmental effects.
                                                                                                          FURTHER INFORMATION CONTACT). You
                                                                                                                                                                 Agency (EPA);
                                                  Authorities                                             may also view the document at any of
                                                                                                                                                                    • State of Louisiana Coastal
                                                    This notice is published in                           the public facilities listed at http://
                                                                                                                                                                 Protection and Restoration Authority
                                                  accordance with NEPA; the CEQ’s                         www.gulfspillrestoration.noaa.gov.
                                                                                                                                                                 (CPRA), Oil Spill Coordinator’s Office
                                                  regulations for implementing NEPA, 40                   FOR FURTHER INFORMATION CONTACT:               Liz     (LOSCO), Department of Environmental
                                                  CFR parts 1500 through 1508; and the                    Williams, at LATIG@la.gov.                             Quality (LDEQ), Department of Wildlife
                                                  Department of the Interior’s NEPA                       SUPPLEMENTARY INFORMATION:                             and Fisheries (LDWF), and Department
                                                  regulations, 43 CFR part 46.                                                                                   of Natural Resources (LDNR);
                                                                                                          Introduction                                              • State of Mississippi Department of
                                                  Noreen Walsh,
                                                                                                            On or about April 20, 2010, the                      Environmental Quality;
                                                  Regional Director, USFWS Mountain-Prairie
                                                  Region.                                                 mobile offshore drilling unit Deepwater                   • State of Alabama Department of
                                                                                                          Horizon, which was being used to drill                 Conservation and Natural Resources and
                                                  [FR Doc. 2017–01346 Filed 1–19–17; 8:45 am]
                                                                                                          a well for BP Exploration and                          Geological Survey of Alabama;
                                                  BILLING CODE 4333–15–P
                                                                                                          Production, Inc. (BP), in the Macondo                     • State of Florida Department of
                                                                                                          prospect (Mississippi Canyon 252–                      Environmental Protection and Fish and
                                                                                                          MC252), experienced a significant                      Wildlife Conservation Commission; and
                                                  DEPARTMENT OF THE INTERIOR
                                                                                                          explosion, fire, and subsequent sinking                   • For the State of Texas: Texas Parks
                                                  [FWS–R4–FHC–2017–N003;                                  in the Gulf of Mexico, resulting in an                 and Wildlife Department, Texas General
                                                  FVHC98220410150–XXX–FF04G01000]                         unprecedented volume of oil and other                  Land Office, and Texas Commission on
                                                                                                          discharges from the rig and from the                   Environmental Quality.
                                                  Deepwater Horizon Oil Spill; Louisiana                  wellhead on the seabed. The Deepwater                     Upon completion of the NRDA, the
                                                  Trustee Implementation Group Final                      Horizon oil spill is the largest oil spill             Trustees reached and finalized a
mstockstill on DSK3G9T082PROD with NOTICES




                                                  Restoration Plan #1: Restoration of                     in U.S. history, discharging millions of               settlement of their natural resource
                                                  Wetlands, Coastal, and Nearshore                        barrels of oil over a period of 87 days.               damage claims with BP in a Consent
                                                  Habitats; Habitat Projects on Federally                 In addition, well over 1 million gallons               Decree approved by the United States
                                                  Managed Lands; and Birds                                of dispersants were applied to the                     District Court for the Eastern District of
                                                  AGENCY:   Department of the Interior.                   waters of the spill area in an attempt to              Louisiana. Pursuant to that Consent
                                                                                                          disperse the spilled oil. An                           Decree, restoration projects in Louisiana
                                                  ACTION:   Notice of availability.
                                                                                                          undetermined amount of natural gas                     are now chosen and managed by the


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Document Created: 2017-01-20 01:29:25
Document Modified: 2017-01-20 01:29:25
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of availability.
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 Citation82 FR 7852 

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