83 FR 23288 - Draft Environmental Assessment for the Potential Issuance of a Bald Eagle Take Permit for Courtenay Wind Farm, Stutsman County, ND

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 83, Issue 97 (May 18, 2018)

Page Range		23288-23289
FR Document		2018-10629

The U.S. Fish and Wildlife Service announces the availability of a draft Environmental Assessment (DEA) under the National Environmental Policy Act (NEPA) for the potential issuance of a take permit for bald eagles pursuant to the Bald and Golden Eagle Protection Act (Eagle Act), in association with the operation of the Courtenay Wind Farm (project) in Stutsman County, North Dakota. The DEA was prepared in response to an application from Northern States Power Company--Minnesota, doing business as Xcel Energy (applicant), for a 5- year take permit for bald eagles (Haliaeetus leucocephalus) under the Eagle Act. The applicant would implement a conservation program to avoid and minimize the project's impacts to eagles, as described in the applicant's Eagle Conservation Plan. We invite public comment on the DEA.

Federal Register, Volume 83 Issue 97 (Friday, May 18, 2018)

[Federal Register Volume 83, Number 97 (Friday, May 18, 2018)]
[Notices]
[Pages 23288-23289]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-10629]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R6-MB-2017-N185; FF06M00000-XXX-FRMB48720660190]


Draft Environmental Assessment for the Potential Issuance of a 
Bald Eagle Take Permit for Courtenay Wind Farm, Stutsman County, ND

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability.

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SUMMARY: The U.S. Fish and Wildlife Service announces the availability 
of a draft Environmental Assessment (DEA) under the National 
Environmental Policy Act (NEPA) for the potential issuance of a take 
permit for bald eagles pursuant to the Bald and Golden Eagle Protection 
Act (Eagle Act), in association with the operation of the Courtenay 
Wind Farm (project) in Stutsman County, North Dakota. The DEA was 
prepared in response to an application from Northern States Power 
Company--Minnesota, doing business as Xcel Energy (applicant), for a 5-
year take permit for bald eagles (Haliaeetus leucocephalus) under the 
Eagle Act. The applicant would implement a conservation program to 
avoid and minimize the project's impacts to eagles, as described in the 
applicant's Eagle Conservation Plan. We invite public comment on the 
DEA.

DATES: To ensure consideration, please send your written comments by 
June 18, 2018.

ADDRESSES: To request further information or submit written comments, 
please use one of the following methods, and note that your information 
request or comments are in reference to the Courtenay Wind Farm DEA:
     Internet: Documents may be viewed on the internet at 
https://www.fws.gov/mountain-prairie/wind/.
     Email: [email protected]. Include ``Courtenay Wind 
Farm DEA'' in the subject line of the message.
     U.S. Mail: Courtenay Wind Farm DEA, U.S. Fish and Wildlife 
Service, Mountain-Prairie Region, Attention: Hillary White, P.O. Box 
25486 DFC, Denver, CO 80225.
     Hand-Delivery/Courier: Courtenay Wind Farm DEA, U.S. Fish 
and Wildlife Service, Mountain-Prairie Region, Attention: Hillary 
White, 134 Union Blvd., Lakewood, CO 80228.

FOR FURTHER INFORMATION CONTACT: Hillary White, Migratory Bird Program, 
at [email protected] (email) or 303-236-4770 (telephone); or Brian 
Smith, at [email protected] (email) or 303-236-4403 (telephone). 
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 for the above 
individuals. You will receive a reply during normal business hours.

SUPPLEMENTARY INFORMATION:

Introduction

    The U.S. Fish and Wildlife Service (Service) is considering an 
application under the Bald and Golden Eagle Protection Act (16 U.S.C. 
668a-d; Eagle Act) for a bald eagle (Haliaeetus leucocephalus) take 
permit from Northern States Power Company--Minnesota, doing business as 
Xcel Energy (applicant), for a 5-year take permit for bald eagles under 
the 2009 regulations (74 FR 46836, September 11, 2009). The Service 
published changes to eagle permitting regulations (81 FR 91494, 
December 16, 2016), which took effect on January 15, 2017. Applicants 
who submitted permit applications before July 14, 2017, may choose to 
be considered for issuance of an eagle take permit under either the 
original 2009 regulations or the 2016 revised regulations (81 FR 
91494). The applicant submitted the permit application on April 11, 
2016, and has chosen to be considered under the 2009 regulations. The 
project is an existing operational wind facility in Stutsman County, 
North Dakota. The application includes an Eagle Conservation Plan (ECP) 
as the foundation of the applicant's permit application. The ECP 
describes actions that have been taken, as well as proposed future 
actions, to avoid and minimize adverse effects on eagles.
    We have prepared this DEA to evaluate the impacts of issuing or not 
issuing the eagle take permit for compliance with our Eagle Act 
permitting regulations in the Code of Federal Regulations (CFR) at 50 
CFR 22.26, as well as impacts of implementing the supporting ECP, which 
is included as an appendix to the DEA.

Background

    The Eagle Act allows us to authorize bald eagle take ``for the 
protection . . . of agricultural or other interests in any particular 
locality.'' The 2009 regulations authorize the limited take of bald 
eagles under the Eagle Act, where the take to be authorized is 
associated with otherwise lawful activities (74 FR 46836). The Eagle 
Act's implementing regulations define ``take'' as to ``pursue, shoot, 
shoot at, poison, wound, kill, capture, trap, collect, destroy, molest, 
or disturb'' individuals, their nests and eggs (50 CFR 22.3); and 
``disturb'' is further defined as ``to agitate or bother a bald or 
golden eagle to a degree that causes . . . (1) injury to an eagle, . . 
. (2) a decrease in its productivity, . . . or (3) nest abandonment'' 
(50 CFR 22.3). The project is predicted to result in recurring bald 
eagle mortalities over the life of the project, so the appropriate type 
of take permit is the permit under 50 CFR 22.26.
    We may consider issuance of eagle take permits if (1) the 
incidental take is necessary to protect legitimate interests; (2) the 
take is compatible with the preservation standard of the Eagle Act--
providing for stable or increasing breeding populations; and (3) the 
take has been avoided and minimized to the degree achievable through 
implementation of Advanced Compensation Practices, and the remaining 
take is unavoidable. The Service must determine that the direct and 
indirect effects of the take, together

[[Page 23289]]

with the cumulative effects of other permitted take and additional 
factors affecting eagle populations, are compatible with the 
preservation of bald eagles and golden eagles.

Proposed Action

    The permit applicant, Northern States Power Company--Minnesota, 
doing business as Xcel Energy, is operating an approximately 200.5-
megatwatt commercial wind energy facility in Stutsman County, North 
Dakota. The 100-turbine project, sited entirely on private land, became 
operational on December 1, 2016.
    The applicant developed an ECP based on our guidance contained in 
the Eagle Conservation Plan Guidance Module 1: Land-Based Wind Energy 
Version 2 (Service 2013) (ECP Guidance) (https://www.fws.gov/migratorybirds/pdf/management/eagleconservationplanguidance.pdf).
    As recommended in the Service's ECP Guidance, the applicant's plan 
outlines avoidance and minimization measures, contains a risk 
assessment, and includes advanced conservation practices and adaptive 
management. The applicant submitted the ECP as part of the permit 
application, and if we issue the permit, then the conservation 
commitments would become conditions of the permit.
    The Service independently evaluated the risk of bald eagle 
fatalities from project operations and compared that risk to the 
conservation measures to which the applicant committed. We used our 
Collision Risk Model to estimate the number of annual bald eagle 
fatalities resulting from operation and maintenance of the project. 
This is an essential step in the Service's evaluation of an application 
for a permit for take of eagles because issuing criteria require 
permitted take to comply with the Eagle Act's preservation standard. In 
the DEA, we evaluate the risk and offsetting conservation measures, and 
the implications for direct, indirect, and cumulative effects of 
issuing a permit and a No Action alternative.

National Environmental Policy Act Compliance

    Our consideration of whether or not to issue a 5-year ETP is an 
action subject to the National Environmental Policy Act (NEPA). Our DEA 
analyzes the risk of bald eagle take associated with operation and 
maintenance of the project, and assesses the potential effects of 
permit issuance and a No Action alternative (i.e., do not issue an ETP) 
on the human and natural environment.

Public Comments

    We invite public comment on the proposed DEA. If you wish, you may 
submit comments by any one of the methods discussed in ADDRESSES. We 
will consider public comments on the DEA when making the final 
determination on NEPA compliance and permit issuance.

Public Availability of Comments

    All comments and materials we receive become part of the public 
record associated with this action. Before including your address, 
phone number, email address, or other 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 ask us in your comment to withhold 
your personal identifying information from public review, we cannot 
guarantee that we will be able to do so. All submissions from 
organizations or businesses, and from individuals identifying 
themselves as representatives or officials of organizations or 
businesses, and from individuals identifying themselves as 
representatives or officials of organizations or businesses, will be 
made available for public disclosure in their entirety.

Next Steps

    The public process for the proposed Federal permit action will be 
completed after the public comment period, at which time we will 
evaluate the permit application and comments submitted thereupon to 
determine whether the application meets the permitting requirements 
under the Eagle Act, applicable regulations, and NEPA requirements. 
Upon completion of that evaluation, we will select our course of 
action.

Authority

    We provide this notice under section 668a of the Eagle Act (16 
U.S.C. 668-668d) and the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) and its implementing regulations (40 CFR 1506.6 
and 43 CFR 46.300).

Matt Hogan,
Deputy Regional Director, USFWS Mountain-Prairie Region, Lakewood, 
Colorado.
[FR Doc. 2018-10629 Filed 5-17-18; 8:45 am]
 BILLING CODE 4333-15-P

23288 Federal Register / Vol. 83, No. 97 / Friday, May 18, 2018 / Notices

a. United States Police Canine as Xcel Energy (applicant), for a 5-year who submitted permit applications
Association (USPCA), take permit for bald eagles (Haliaeetus before July 14, 2017, may choose to be
b. North American Police Working leucocephalus) under the Eagle Act. The considered for issuance of an eagle take
Dog Association (NAPWDA), applicant would implement a permit under either the original 2009
c. International Police Working Dog conservation program to avoid and regulations or the 2016 revised
Association (IPWDA), minimize the project’s impacts to eagles, regulations (81 FR 91494). The
d. Bureau of Alcohol, Tobacco, as described in the applicant’s Eagle applicant submitted the permit
Firearms and Explosives (ATF), Conservation Plan. We invite public application on April 11, 2016, and has
Department of Defense (DoD), or other comment on the DEA. chosen to be considered under the 2009
Federal government agencies, DATES: To ensure consideration, please regulations. The project is an existing
e. TSA, or send your written comments by June 18, operational wind facility in Stutsman
f. Similar organization that TSA 2018. County, North Dakota. The application
approves as having a commensurate ADDRESSES: To request further
includes an Eagle Conservation Plan
level of certifications for the purpose of information or submit written (ECP) as the foundation of the
the 3PK9–CP. comments, please use one of the applicant’s permit application. The ECP
6. Can provide 3PK9–C certifications following methods, and note that your describes actions that have been taken,
at air cargo/shipping locations information request or comments are in as well as proposed future actions, to
throughout the United States as defined avoid and minimize adverse effects on
reference to the Courtenay Wind Farm
in 49 CFR part 1500.3. eagles.
DEA:
7. Must have capability to video We have prepared this DEA to
• Internet: Documents may be viewed
record certification events and maintain evaluate the impacts of issuing or not
on the internet at https://www.fws.gov/
recordings in digital format for a issuing the eagle take permit for
mountain-prairie/wind/.
minimum of two years. • Email: FW6WindEnergy@fws.gov. compliance with our Eagle Act
8. Must ensure the applicant will not permitting regulations in the Code of
Include ‘‘Courtenay Wind Farm DEA’’
conduct assessments for which there Federal Regulations (CFR) at 50 CFR
in the subject line of the message.
exists a conflict of interest as defined in • U.S. Mail: Courtenay Wind Farm 22.26, as well as impacts of
the 3PK9–C Certifier Order. DEA, U.S. Fish and Wildlife Service, implementing the supporting ECP,
Interested persons can obtain a copy Mountain-Prairie Region, Attention: which is included as an appendix to the
of the application instructions by Hillary White, P.O. Box 25486 DFC, DEA.
submitting a request for information to Denver, CO 80225. Background
the email address noted under • Hand-Delivery/Courier: Courtenay The Eagle Act allows us to authorize
ADDRESSES. Wind Farm DEA, U.S. Fish and Wildlife bald eagle take ‘‘for the protection . . .
Dated: May 14, 2018. Service, Mountain-Prairie Region, of agricultural or other interests in any
Kimberly Walton, Attention: Hillary White, 134 Union particular locality.’’ The 2009
Chief of Mission Support. Blvd., Lakewood, CO 80228. regulations authorize the limited take of
[FR Doc. 2018–10636 Filed 5–17–18; 8:45 am] FOR FURTHER INFORMATION CONTACT: bald eagles under the Eagle Act, where
BILLING CODE 9110–05–P
Hillary White, Migratory Bird Program, the take to be authorized is associated
at FW6WindEnergy@fws.gov (email) or with otherwise lawful activities (74 FR
303–236–4770 (telephone); or Brian 46836). The Eagle Act’s implementing
Smith, at FW6WindEnergy@fws.gov regulations define ‘‘take’’ as to ‘‘pursue,
DEPARTMENT OF THE INTERIOR
(email) or 303–236–4403 (telephone). shoot, shoot at, poison, wound, kill,
Fish and Wildlife Service Persons who use a telecommunications capture, trap, collect, destroy, molest, or
device for the deaf may call the Federal disturb’’ individuals, their nests and
[FWS–R6–MB–2017–N185; FF06M00000– Relay Service at 1–800–877–8339 to eggs (50 CFR 22.3); and ‘‘disturb’’ is
XXX–FRMB48720660190] contact the above individuals. The further defined as ‘‘to agitate or bother
Federal Relay Service is available 24 a bald or golden eagle to a degree that
Draft Environmental Assessment for
hours a day, 7 days a week, for you to causes . . . (1) injury to an eagle, . . .
the Potential Issuance of a Bald Eagle
leave a message or question for the (2) a decrease in its productivity, . . . or
Take Permit for Courtenay Wind Farm,
above individuals. You will receive a (3) nest abandonment’’ (50 CFR 22.3).
Stutsman County, ND
reply during normal business hours. The project is predicted to result in
AGENCY: Fish and Wildlife Service, SUPPLEMENTARY INFORMATION: recurring bald eagle mortalities over the
Interior. life of the project, so the appropriate
Introduction type of take permit is the permit under
ACTION: Notice of availability.
The U.S. Fish and Wildlife Service 50 CFR 22.26.
SUMMARY: The U.S. Fish and Wildlife (Service) is considering an application We may consider issuance of eagle
Service announces the availability of a under the Bald and Golden Eagle take permits if (1) the incidental take is
draft Environmental Assessment (DEA) Protection Act (16 U.S.C. 668a–d; Eagle necessary to protect legitimate interests;
under the National Environmental Act) for a bald eagle (Haliaeetus (2) the take is compatible with the
Policy Act (NEPA) for the potential leucocephalus) take permit from preservation standard of the Eagle Act—
issuance of a take permit for bald eagles Northern States Power Company— providing for stable or increasing
pursuant to the Bald and Golden Eagle Minnesota, doing business as Xcel breeding populations; and (3) the take
daltland on DSKBBV9HB2PROD with NOTICES

Protection Act (Eagle Act), in Energy (applicant), for a 5-year take has been avoided and minimized to the
association with the operation of the permit for bald eagles under the 2009 degree achievable through
Courtenay Wind Farm (project) in regulations (74 FR 46836, September 11, implementation of Advanced
Stutsman County, North Dakota. The 2009). The Service published changes to Compensation Practices, and the
DEA was prepared in response to an eagle permitting regulations (81 FR remaining take is unavoidable. The
application from Northern States Power 91494, December 16, 2016), which took Service must determine that the direct
Company—Minnesota, doing business effect on January 15, 2017. Applicants and indirect effects of the take, together

VerDate Sep<11>2014 16:38 May 17, 2018 Jkt 244001 PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 E:\FR\FM\18MYN1.SGM 18MYN1

Federal Register / Vol. 83, No. 97 / Friday, May 18, 2018 / Notices 23289

with the cumulative effects of other Public Comments DEPARTMENT OF THE INTERIOR
permitted take and additional factors
affecting eagle populations, are We invite public comment on the Fish and Wildlife Service
compatible with the preservation of bald proposed DEA. If you wish, you may
[FWS–R8–R–2018–N008; FF08RSDC00–
eagles and golden eagles. submit comments by any one of the 189–F1611MD–FXRS12610800000]
methods discussed in ADDRESSES. We
Proposed Action will consider public comments on the Otay River Estuary Restoration
The permit applicant, Northern States DEA when making the final Project, South San Diego Bay Unit of
Power Company—Minnesota, doing determination on NEPA compliance and the San Diego Bay National Wildlife
business as Xcel Energy, is operating an permit issuance. Refuge, California; Final
approximately 200.5-megatwatt Environmental Impact Statement
Public Availability of Comments
commercial wind energy facility in AGENCY: Fish and Wildlife Service,
Stutsman County, North Dakota. The All comments and materials we Interior.
100-turbine project, sited entirely on receive become part of the public record ACTION: Notice of availability; final
private land, became operational on associated with this action. Before environmental impact statement.
December 1, 2016. including your address, phone number,
The applicant developed an ECP email address, or other personal SUMMARY: We, the U.S. Fish and
based on our guidance contained in the identifying information in your Wildlife Service, announce the
Eagle Conservation Plan Guidance comment, you should be aware that availability of a final environmental
Module 1: Land-Based Wind Energy your entire comment—including your impact statement (EIS) for a proposed
Version 2 (Service 2013) (ECP Guidance) personal identifying information—may project to restore coastal wetlands at the
(https://www.fws.gov/migratorybirds/ be made publicly available at any time. south end of San Diego Bay. The Otay
pdf/management/eagleconservation While you can ask us in your comment River Estuary Restoration Project is
planguidance.pdf). to withhold your personal identifying located within the South San Diego Bay
As recommended in the Service’s ECP information from public review, we Unit of the San Diego Bay National
Guidance, the applicant’s plan outlines Wildlife Refuge (NWR) in San Diego
cannot guarantee that we will be able to
avoidance and minimization measures, County, California. This notice advises
do so. All submissions from
contains a risk assessment, and includes the public that the final EIS is now
organizations or businesses, and from
advanced conservation practices and available to the public. The final EIS
individuals identifying themselves as describes the alternatives identified to
adaptive management. The applicant representatives or officials of
submitted the ECP as part of the permit restore two portions of the South San
organizations or businesses, and from Diego Bay Unit of the San Diego Bay
application, and if we issue the permit, individuals identifying themselves as
then the conservation commitments NWR to coastal wetlands to benefit
representatives or officials of native fish, wildlife, and plant species.
would become conditions of the permit. organizations or businesses, will be ADDRESSES: Document Availability: You
The Service independently evaluated made available for public disclosure in may obtain copies of the EIS and related
the risk of bald eagle fatalities from their entirety. documents in the following places:
project operations and compared that • Internet: https://www.fws.gov/
risk to the conservation measures to Next Steps
refuge/San_Diego_Bay/what_we_do/
which the applicant committed. We Resource_Management/Otay_
The public process for the proposed
used our Collision Risk Model to Restoration.html.
estimate the number of annual bald Federal permit action will be completed
after the public comment period, at • In Person:
eagle fatalities resulting from operation Æ San Diego National Wildlife Refuge
and maintenance of the project. This is which time we will evaluate the permit
application and comments submitted Complex Headquarters, 1080
an essential step in the Service’s Gunpowder Point Drive, Chula Vista,
evaluation of an application for a permit thereupon to determine whether the
CA 91910; telephone: 619–476–9150,
for take of eagles because issuing criteria application meets the permitting
extension 103.
require permitted take to comply with requirements under the Eagle Act, Æ Chula Vista Public Library, Civic
the Eagle Act’s preservation standard. In applicable regulations, and NEPA Center Branch, 365 F Street, Chula
the DEA, we evaluate the risk and requirements. Upon completion of that Vista, CA 91910; telephone: 619–691–
offsetting conservation measures, and evaluation, we will select our course of 5069.
the implications for direct, indirect, and action. Æ San Diego County Library, Imperial
cumulative effects of issuing a permit Beach Branch Library, 810 Imperial
Authority
and a No Action alternative. Beach Blvd. Imperial Beach, CA 91932;
National Environmental Policy Act We provide this notice under section telephone: 619–424–6981.
Compliance 668a of the Eagle Act (16 U.S.C. 668– Æ Chula Vista Public Library, South
668d) and the National Environmental Chula Vista Branch, 389 Orange
Our consideration of whether or not Policy Act of 1969 (42 U.S.C. 4321 et Avenue, Chula Vista, CA 91911;
to issue a 5-year ETP is an action subject seq.) and its implementing regulations telephone: 619–585–5755.
to the National Environmental Policy (40 CFR 1506.6 and 43 CFR 46.300). FOR FURTHER INFORMATION CONTACT:
Act (NEPA). Our DEA analyzes the risk Brian Collins, Refuge Manager, San
daltland on DSKBBV9HB2PROD with NOTICES

of bald eagle take associated with Matt Hogan, Diego Bay National Wildlife Refuge at
operation and maintenance of the Deputy Regional Director, USFWS Mountain- 619–575–2704, extension 302
project, and assesses the potential Prairie Region, Lakewood, Colorado. (telephone) or brian_collins@fws.gov
effects of permit issuance and a No [FR Doc. 2018–10629 Filed 5–17–18; 8:45 am] (email); or Andy Yuen, Project Leader,
Action alternative (i.e., do not issue an BILLING CODE 4333–15–P 619–476–9150, extension 100
ETP) on the human and natural (telephone), or andy_yuen@fws.gov
environment. (email).

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Document Created: 2018-05-18 02:16:25
Document Modified: 2018-05-18 02:16:25

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.
Dates		To ensure consideration, please send your written comments by June 18, 2018.
Contact		Hillary White, Migratory Bird Program, at [email protected] (email) or 303-236-4770 (telephone); or Brian Smith, at [email protected] (email) or 303-236-4403 (telephone). 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 for the above individuals. You will receive a reply during normal business hours.
FR Citation		83 FR 23288

83 FR 23288 - Draft Environmental Assessment for the Potential Issuance of a Bald Eagle Take Permit for Courtenay Wind Farm, Stutsman County, ND

DEPARTMENT OF THE INTERIORFish and Wildlife Service

Federal Register Volume 83, Issue 97 (May 18, 2018)

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service