83_FR_40482 83 FR 40325 - Draft Environmental Assessment and Draft Habitat Conservation Plan; Receipt of an Application for an Incidental Take Permit, Headwaters Wind Farm, Randolph County, Indiana

83 FR 40325 - Draft Environmental Assessment and Draft Habitat Conservation Plan; Receipt of an Application for an Incidental Take Permit, Headwaters Wind Farm, Randolph County, Indiana

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 83, Issue 157 (August 14, 2018)

Page Range40325-40327
FR Document2018-17485

We, the U.S. Fish and Wildlife Service (Service), have received an application from Headwaters Wind Farm LLC (applicant), for an incidental take permit (ITP) under the Endangered Species Act of 1973, as amended (ESA), for its Headwaters Wind Farm (Headwaters) (project). If approved, the ITP would be for a 27-year period and would authorize the incidental take of an endangered species, the Indiana bat, and a threatened species, the northern long-eared bat. The applicant has prepared a draft habitat conservation plan (HCP) that describes the actions and measures that the applicant would implement to avoid, minimize, and mitigate incidental take of the Indiana bat and northern long-eared bat. We also announce the availability of a draft Environmental Assessment (DEA), which has been prepared in response to the permit application in accordance with the requirements of the National Environmental Policy Act (NEPA). We request public comment on the application and associated documents.

Federal Register, Volume 83 Issue 157 (Tuesday, August 14, 2018)
[Federal Register Volume 83, Number 157 (Tuesday, August 14, 2018)]
[Notices]
[Pages 40325-40327]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-17485]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R3-ES-2018-N044; FXES11130300000-189-FF03E00000]


Draft Environmental Assessment and Draft Habitat Conservation 
Plan; Receipt of an Application for an Incidental Take Permit, 
Headwaters Wind Farm, Randolph County, Indiana

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comments.

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

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have 
received an application from Headwaters Wind Farm LLC (applicant), for 
an incidental take permit (ITP) under the Endangered Species Act of 
1973, as amended (ESA), for its Headwaters Wind Farm (Headwaters) 
(project). If approved, the ITP would be for a 27-year period and

[[Page 40326]]

would authorize the incidental take of an endangered species, the 
Indiana bat, and a threatened species, the northern long-eared bat. The 
applicant has prepared a draft habitat conservation plan (HCP) that 
describes the actions and measures that the applicant would implement 
to avoid, minimize, and mitigate incidental take of the Indiana bat and 
northern long-eared bat. We also announce the availability of a draft 
Environmental Assessment (DEA), which has been prepared in response to 
the permit application in accordance with the requirements of the 
National Environmental Policy Act (NEPA). We request public comment on 
the application and associated documents.

DATES: We will accept comments received or postmarked on or before 
September 14, 2018.

ADDRESSES: Document availability:
     Internet: You may obtain copies of the documents on the 
internet at https://www.fws.gov/midwest/endangered/permits/hcp/r3hcps.html.
     U.S. Mail: You can obtain the documents by mail from the 
Indiana Ecological Services Field Office (see FOR FURTHER INFORMATION 
CONTACT).
     In-Person: To view hard copies of the documents in person, 
go to one of the Ecological Services Offices (8 a.m. to 4 p.m.) listed 
under FOR FURTHER INFORMATION CONTACT.
    Comment submission: In your comment, please specify whether your 
comment addresses the draft HCP, DEA, or any combination of the 
aforementioned documents, or other supporting documents. You may submit 
written comments by one of the following methods:
     Electronically: Submit by email to IndianaFO@fws.gov.
     By hard copy: Submit by U.S. mail or hand-delivery to U.S. 
Fish and Wildlife Service, Indiana Ecological Services Field Office, 
620 S Walker Street, Bloomington, IN 47403.

FOR FURTHER INFORMATION CONTACT: Scott Pruitt, Field Supervisor, 
Bloomington, Indiana, Ecological Services Field Office, U.S. Fish and 
Wildlife Service, 620 South Walker Street, Bloomington, IN 47403; 
telephone: 812-334-4261, extension 214; or Erik Olson, Fish and 
Wildlife Biologist, Ecological Services, Midwest Regional Office, U.S. 
Fish and Wildlife Service, 5600 American Blvd., West, Suite 990, 
Bloomington, MN 55437-1458; telephone: 612-713-5488.

SUPPLEMENTARY INFORMATION: We have received an application from 
Headwaters Wind Farm LLC (HWF) for an incidental take permit under the 
ESA (16 U.S.C. 1531 et seq.). If approved, the ITP would be for a 27-
year period and would authorize incidental take of the endangered 
Indiana bat (Myotis sodalis) and the threatened northern long-eared bat 
(Myotis septentrionalis).
    The applicant has prepared a draft HCP that covers the operation of 
the Headwaters Wind Farm (Headwaters). The project consists of a wind-
powered electric generation facility located in an approximately 
53,808-acre area in Randolph County, Indiana. The draft HCP describes 
the following: (1) Biological goals and objectives of the HCP; (2) 
covered activities; (3) permit duration; (4) project area; (5) 
alternatives to the taking that were considered; (5) public 
participation; (6) life history of the Indiana bat and northern long-
eared bat; (6) quantification of the take for which authorization is 
requested; (7) assessment of direct and indirect effects of the taking 
on the Indiana bat within the Midwest Recovery Unit (as delineated in 
the 2007 Indiana Bat Draft Recovery Plan, Service) and rangewide; (8) 
assessment of direct and indirect effects of the taking on the northern 
long-eared bat within the Service's Midwest region and rangewide; (9) 
conservation program consisting of avoidance and minimization measures, 
mitigation, monitoring, and adaptive management; (10) funding for the 
HCP; (11) procedures to deal with changed and unforeseen circumstances; 
and (12) methods for ITP amendments.
    Under the NEPA (43 U.S.C. 4321 et seq.) and the ESA, the Service 
announces that we have gathered the information necessary to:
    1. Determine the impacts and formulate alternatives for an EA 
related to:
    a. Issuance of an ITP to the applicant for the take of the Indiana 
bat and the northern long-eared bat, and
    b. Implementation of the associated HCP; and
    2. Evaluate the application for ITP issuance, including the HCP, 
which provides measures to minimize and mitigate the effects of the 
proposed incidental take of the Indiana bat and the northern long-eared 
bat.

Background

    The HWF application is unusual in that the wind facility has been 
operational since 2014. The project includes 100 Vestas V110 2.0 
megawatt wind turbines and has a total energy capacity of 200 MW. The 
need for the proposed action (i.e., issuance of an ITP) is based on the 
potential that operation of the Headwaters Wind Farm could result in 
take of Indiana bats and northern long-eared bats.
    The HCP provides a detailed conservation plan to ensure that the 
incidental take caused by the operation of the project will not 
appreciably reduce the likelihood of the survival and recovery of the 
Indiana bat and northern long-eared bat, and provides mitigation to 
fully offset the impact of the taking. Further, the HCP provides a 
long-term monitoring and adaptive management strategy to ensure that 
the ITP terms are satisfied, and to account for changed and unforeseen 
circumstances.

Purpose and Need for Action

    In accordance with NEPA, the Service has prepared an EA to analyze 
the impacts to the human environment that would occur if the requested 
ITP were issued and the associated HCP were implemented.

Proposed Action

    Section 9 of the ESA prohibits the ``taking'' of threatened and 
endangered species. However, provided certain criteria are met, the 
Service is authorized to issue permits under section 10(a)(1)(B) of the 
ESA for take of federally listed species when, among other things, such 
a taking is incidental to, and not the purpose of, otherwise lawful 
activities. Under the ESA, the term ``take'' means to harass, harm, 
pursue, hunt, shoot, wound, kill, trap, capture, or collect endangered 
and threatened species, or to attempt to engage in any such conduct. 
Our implementing regulations in title 50 of the Code of Federal 
Regulations define ``harm'' as an act which actually kills or injures 
wildlife, and such act may include significant habitat modification or 
degradation that results in death or injury to listed species by 
significantly impairing essential behavioral patterns, including 
breeding, feeding, or sheltering (50 CFR 17.3). Harass, as defined in 
our regulations, means ``an intentional or negligent act or omission 
which creates the likelihood of injury to wildlife by annoying it to 
such an extent as to significantly disrupt normal behavioral patterns 
which include, but are not limited to, breeding, feeding, or 
sheltering'' (50 CFR 17.3).
    The HCP analyzes, and the ITP would cover, take from harassment and 
harm, and killing of bats due to the operation of the Headwaters 
project. If issued, the ITP would authorize incidental take consistent 
with the applicant's HCP and the ITP. To issue the ITP, the Service 
must find that the application, including its HCP, satisfies the 
criteria of section 10(a)(1)(B) of the ESA and the Service's 
implementing regulations at 50 CFR part 13 and Sec.  17.22. If the ITP

[[Page 40327]]

is issued, the applicant would receive assurances under the Service's 
No Surprises policy, as codified at 50 CFR 17.22(b)(5).
    The applicant proposes to operate a maximum of 100 wind turbines 
and associated facilities (described below) for a period of 27 years in 
Randolph County, Indiana. The project consists of wind turbines, 
associated access roads, an underground and aboveground electrical 
collector system, one substation containing transformers that feed 
electricity into an existing 345-kilovolt (kV) electrical tie-in line, 
a 10-mile generator lead line, three permanent meteorological towers, 
and an operations and maintenance building. Project facilities and 
infrastructure are placed on private land via long-term easement 
agreements between the applicant and respective landowners.
    The draft HCP describes the impacts of take associated with the 
operation of the Headwaters Wind Farm and includes measures to avoid, 
minimize, mitigate, and monitor the impacts of incidental take on the 
Indiana bat and the northern long-eared bat. The applicant will 
mitigate for take and associated impacts through protection and 
restoration of maternity colony habitat and/or swarming habitat, and 
gating of an Indiana bat hibernacula. Habitat mitigation, including any 
restored habitat, will occur on private land and be permanently 
protected by restrictive covenants approved by the Service. Chapter 5 
of the HCP describes the Conservation Program, including details of 
avoidance and minimization measures, compensatory mitigation, and 
adaptive management that will limit and mitigate for the take of 
Indiana bats and northern long-eared bats.
    The Service is soliciting information regarding the adequacy of the 
HCP to avoid, minimize, mitigate, and monitor the proposed incidental 
take of the covered species and to provide for adaptive management. In 
compliance with section 10(c) of the ESA (16 U.S.C. 1539(c)), the 
Service is making the ITP application materials available for public 
review and comment as described above.
    We invite comments and suggestions from all interested parties on 
the draft documents associated with the ITP application (HCP and HCP 
Appendices), and request that comments be as specific as possible. In 
particular, we request information and comments on the following 
topics:
    1. Whether adaptive management and monitoring provisions in the 
Proposed Action alternative are sufficient;
    2. Any threats to the Indiana bat and the northern long-eared bat 
that may influence their populations over the life of the ITP that are 
not addressed in the draft HCP or draft EA;
    3. Any new information on white-nose syndrome effects on the 
Indiana bat and the northern long-eared bat; and
    4. Any other information pertinent to evaluating the effects of the 
proposed action on the Indiana bat and the northern long-eared bat.

Alternatives in the Draft EA

    The DEA contains an analysis of four alternatives: (1) No Action 
alternative, in which all 100 turbines would be feathered from \1/2\ 
hour before sunset to \1/2\ hour after sunrise up to 5.0 meters per 
second (m/s) from March 15 through May 15 and up to 6.9 m/s from August 
1 through October 15. In addition, 10 turbines within 1,000 feet of 
suitable habitat would be feathered up to 6.9 m/s with the rest of the 
turbines feathered up to manufacturer's cut-in speed (3.0 m/s) from May 
16 through July 31. This curtailment regime would occur each year 
during the operational life (27 years) of Headwaters; (2) the 5.0 m/s 
Cut-In Speed (feathered) Alternative including implementation of the 
HCP and issuance of a 27-year ITP; (3) the 6.5 m/s Cut-In Speed 
(feathered) Alternative, including implementation of the HCP and 
issuance of a 27-year ITP; and (4) the 4.0 m/s Cut-In Speed (feathered) 
Alternative, including implementation of the HCP and issuance of a 27-
year ITP. The DEA considers the direct, indirect, and cumulative 
effects of the alternatives, including any measures under the Proposed 
Action alternative intended to minimize and mitigate such impacts. The 
DEA also identifies two additional alternatives that were considered 
but were eliminated from analysis as detailed in Section 3.4 of the 
DEA.
    The Service invites comments and suggestions from all interested 
parties on the content of the DEA. In particular, information and 
comments regarding the following topics are requested:
    1. The direct, indirect, or cumulative effects that implementation 
of any alternative could have on the human environment;
    2. Whether or not the significance of the impact on various aspects 
of the human environment has been adequately analyzed; and
    3. Any other information pertinent to evaluating the effects of the 
proposed action on the human environment.

Public Comments

    You may submit your comments and materials related to the draft 
HCP, DEA, or other supporting documents by one of the methods listed in 
ADDRESSES. We request that you send comments by only one of the methods 
described in ADDRESSES.
    Comments and materials we receive, as well as documents associated 
with the notice, will be available for public inspection by 
appointment, during normal business hours, at the Indiana Ecological 
Services Field Office in Bloomington, Indiana (see FOR FURTHER 
INFORMATION CONTACT). 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 you comment to withhold your personal 
identifying information from public review, we cannot guarantee that we 
will be able to do so.

Authority

    We provide this notice under section 10(c) of the ESA (16 U.S.C. 
1531 et seq.) and its implementing regulations (50 CFR 17.22) and the 
NEPA (42 U.S.C. 4371 et seq.) and its implementing regulations (40 CFR 
1506.6; 43 CFR part 46).

    Dated: April 18, 2018.
Lori H. Nordstrom,
Assistant Regional Director, Ecological Services, Midwest Region.
[FR Doc. 2018-17485 Filed 8-13-18; 8:45 am]
 BILLING CODE 4333-15-P



                                                                                      Federal Register / Vol. 83, No. 157 / Tuesday, August 14, 2018 / Notices                                                                             40325

                                              • Severe: Greater than $7,500 of FEMA                                       or 50 percent of Area Median Income. Units                               to repair the home, which is generally more
                                                  inspected personal property damage or                                   occupied by a tenant with income less than                               than the FEMA estimates on the cost to make
                                                  determined destroyed and/or 6 or more                                   the greater of the Federal poverty level or 50                           the home habitable.
                                                  feet of flooding on the first floor.                                    percent of Area Median Income are used to                                  For each household determined to have
                                                For rental properties, to meet the statutory                              calculate likely unmet needs for affordable                              unmet housing needs (as described above),
                                              requirement of ‘‘most impacted’’ in this                                    rental housing.                                                          their estimated average unmet housing need
                                              legislative language, homes are determined to                                  The average cost to fully repair a home for                           less assistance from FEMA and SBA
                                              have a high level of damage if they have                                    a specific disaster to code within each of the                           provided for repair to homes with serious
                                              damage of ‘‘major-low’’ or higher. That is,                                 damage categories noted above is calculated                              unmet needs. No unmet housing need cost
                                              they have a FEMA personal property damage                                   using the median real property damage repair                             multiplier can be less than the 25th
                                              assessment of $2,000 or greater or flooding                                 costs determined by the Small Business                                   percentile estimate across all disasters of
                                              over 1 foot.                                                                Administration for its disaster loan program                             2017. Those minimum cost multipliers are:
                                                Furthermore, landlords are presumed to                                    for the subset of homes inspected by both                                $40,323 for major damage (low); $55,812 for
                                              have adequate insurance coverage unless the                                 SBA and FEMA for each eligible disaster.                                 major damage (high); and $77,252 for severe
                                              unit is occupied by a renter with income less                               Because SBA is inspecting for full repair                                damage. The multipliers used for each
                                              than the greater of the Federal poverty level                               costs, it is presumed to reflect the full cost                           disaster is shown below.

                                                                                                                                                                                                    Serious Unmet Housing Need Multipliers

                                                                                                                                                                                                   Major-Low        Major-High          Severe

                                              California ......................................................................................................................................        $40,323           $55,812          $124,481
                                              Florida ..........................................................................................................................................       $42,837           $56,113           $79,096
                                              Georgia ........................................................................................................................................         $40,323           $55,812           $77,252
                                              Missouri ........................................................................................................................................        $40,323           $66,545          $100,947
                                              Puerto Rico ..................................................................................................................................           $40,323           $55,812           $77,252
                                              Texas ...........................................................................................................................................        $56,342           $75,414          $101,390
                                              Virgin Islands ...............................................................................................................................           $80,142           $97,672          $116,351



                                              Methods for estimating unmet economic                                           Virgin Islands) for ‘‘enhanced or improved                           billion remaining after allocation of 100% of
                                              revitalization needs                                                            electrical power systems.’’ This is allocated                        unmet needs) is allocated proportionally
                                                Based on SBA disaster loans to businesses                                     between Puerto Rico and the Virgin Islands                           based on each grantee’s relative share of the
                                              as of 3–22–2018, HUD calculates the median                                      based on their relative share of total                               $22.425 billion of CDBG–DR funds allocated
                                              real estate and content loss by the following                                   estimated Category F Public Assistance                               for unmet needs to disasters occurring in
                                              damage categories for each state:                                               cost to repair public utilities.                                     2015, 2016, and 2017. For example, the
                                                                                                                                                                                                   combination of all grants to Puerto Rico for
                                              • Category 1: real estate + content loss =                                  Allocation Calculation
                                                                                                                                                                                                   unmet needs represents 52 percent of the
                                                below 12,000                                                                Once eligible entities are identified using                            $22.425 billion allocated for unmet needs. As
                                              • Category 2: real estate + content loss =                                  the above criteria, the allocation to                                    a result, Puerto Rico receives 52 percent of
                                                12,000–30,000                                                             individual grantees represents their                                     the $15.935 billion made available for
                                              • Category 3: real estate + content loss =                                  proportional share of the estimated unmet                                mitigation funding.
                                                30,000–65,000                                                             needs. For the formula allocation, HUD
                                              • Category 4: real estate + content loss =                                  calculates total serious unmet recovery needs                            [FR Doc. 2018–17365 Filed 8–13–18; 8:45 am]
                                                65,000–150,000                                                            as the aggregate of:                                                     BILLING CODE 4210–67–P
                                              • Category 5: real estate + content loss =
                                                                                                                          • Serious unmet housing needs in most
                                                above 150,000
                                                                                                                            impacted counties less amounts of CDBG–
                                                For properties with real estate and content                                 DR previously allocated for serious unmet                              DEPARTMENT OF THE INTERIOR
                                              loss of $30,000 or more, HUD calculates the                                   housing needs
                                              estimated amount of unmet needs for small                                   • Serious unmet business needs less                                      Fish and Wildlife Service
                                              businesses by multiplying the median                                          amounts of CDBG–DR previously allocated
                                              damage estimates for the categories above by                                                                                                         [FWS–R3–ES–2018–N044;
                                                                                                                            for serious business needs
                                                                                                                                                                                                   FXES11130300000–189–FF03E00000]
                                              the number of small businesses denied an                                    • FEMA Public Assistance Category C to G
                                              SBA loan, including those denied a loan                                       local cost share and the $2 billion
                                              prior to inspection due to inadequate credit                                  additional amount for enhanced or                                      Draft Environmental Assessment and
                                              or income (or a decision had not been made),                                  improved electrical power systems in                                   Draft Habitat Conservation Plan;
                                              under the assumption that damage among                                        Puerto Rico and the Virgin Islands                                     Receipt of an Application for an
                                              those denied at pre-inspection have the same                                                                                                         Incidental Take Permit, Headwaters
                                                                                                                             Prior allocations for 2017 disasters are
                                              distribution of damage as those denied after                                                                                                         Wind Farm, Randolph County, Indiana
                                                                                                                          subtracted from this amount. Because this
                                              inspection.
                                                                                                                          results in less than $11 billion being                                   AGENCY:   Fish and Wildlife Service,
                                              Methods for estimating unmet infrastructure                                 allocated to Maria affected disasters (Puerto
                                                                                                                          Rico and the Virgin Islands) from Public Law
                                                                                                                                                                                                   Interior.
                                              needs
                                                                                                                          115–123, an additional amount is added to                                ACTION: Notice of availability; request
                                                To calculate unmet needs for infrastructure
                                              projects, HUD is using data obtained from                                   those two grantees to reach $11 billion based                            for comments.
                                              FEMA as of March 30, 2018, showing the                                      on their relative share of needs as calculated
                                              amount FEMA estimates will be needed to                                     under the three bullets above.                                           SUMMARY:   We, the U.S. Fish and
                                                                                                                             This results in an estimate of unmet needs                            Wildlife Service (Service), have received
amozie on DSK3GDR082PROD with NOTICES1




                                              repair the permanent public infrastructure
                                              (Categories C to G) to their pre-storm                                      to be allocated from Public Law 115–123 of                               an application from Headwaters Wind
                                              condition. HUD uses these data to calculate                                 $12.031 billion, allowing $3.935 billion to be                           Farm LLC (applicant), for an incidental
                                              two infrastructure unmet needs:                                             allocated to mitigation.                                                 take permit (ITP) under the Endangered
                                              • The estimated local cost share for Public                                 Allocating for mitigation                                                Species Act of 1973, as amended (ESA),
                                                Assistance Category C to G projects.                                        The allocation of $15.935 billion in                                   for its Headwaters Wind Farm
                                              • An allocation of $2 billion for Maria                                     mitigation funds (the $12 billion                                        (Headwaters) (project). If approved, the
                                                affected disasters (Puerto Rico and the                                   appropriated for mitigation plus the $3.935                              ITP would be for a 27-year period and


                                         VerDate Sep<11>2014         19:13 Aug 13, 2018          Jkt 244001       PO 00000        Frm 00114        Fmt 4703       Sfmt 4703       E:\FR\FM\14AUN1.SGM     14AUN1


                                              40326                        Federal Register / Vol. 83, No. 157 / Tuesday, August 14, 2018 / Notices

                                              would authorize the incidental take of                  ITP would be for a 27-year period and                   The HCP provides a detailed
                                              an endangered species, the Indiana bat,                 would authorize incidental take of the                conservation plan to ensure that the
                                              and a threatened species, the northern                  endangered Indiana bat (Myotis sodalis)               incidental take caused by the operation
                                              long-eared bat. The applicant has                       and the threatened northern long-eared                of the project will not appreciably
                                              prepared a draft habitat conservation                   bat (Myotis septentrionalis).                         reduce the likelihood of the survival
                                              plan (HCP) that describes the actions                      The applicant has prepared a draft                 and recovery of the Indiana bat and
                                              and measures that the applicant would                   HCP that covers the operation of the                  northern long-eared bat, and provides
                                              implement to avoid, minimize, and                       Headwaters Wind Farm (Headwaters).                    mitigation to fully offset the impact of
                                              mitigate incidental take of the Indiana                 The project consists of a wind-powered                the taking. Further, the HCP provides a
                                              bat and northern long-eared bat. We also                electric generation facility located in an            long-term monitoring and adaptive
                                              announce the availability of a draft                    approximately 53,808-acre area in                     management strategy to ensure that the
                                              Environmental Assessment (DEA),                         Randolph County, Indiana. The draft                   ITP terms are satisfied, and to account
                                              which has been prepared in response to                  HCP describes the following: (1)                      for changed and unforeseen
                                              the permit application in accordance                    Biological goals and objectives of the                circumstances.
                                              with the requirements of the National                   HCP; (2) covered activities; (3) permit
                                                                                                                                                            Purpose and Need for Action
                                              Environmental Policy Act (NEPA). We                     duration; (4) project area; (5)
                                              request public comment on the                           alternatives to the taking that were                     In accordance with NEPA, the Service
                                              application and associated documents.                   considered; (5) public participation; (6)             has prepared an EA to analyze the
                                                                                                      life history of the Indiana bat and                   impacts to the human environment that
                                              DATES: We will accept comments
                                                                                                      northern long-eared bat; (6)                          would occur if the requested ITP were
                                              received or postmarked on or before
                                                                                                      quantification of the take for which                  issued and the associated HCP were
                                              September 14, 2018.
                                                                                                      authorization is requested; (7)                       implemented.
                                              ADDRESSES: Document availability:
                                                 • Internet: You may obtain copies of                 assessment of direct and indirect effects             Proposed Action
                                              the documents on the internet at https://               of the taking on the Indiana bat within
                                                                                                      the Midwest Recovery Unit (as                            Section 9 of the ESA prohibits the
                                              www.fws.gov/midwest/endangered/                                                                               ‘‘taking’’ of threatened and endangered
                                              permits/hcp/r3hcps.html.                                delineated in the 2007 Indiana Bat Draft
                                                                                                      Recovery Plan, Service) and rangewide;                species. However, provided certain
                                                 • U.S. Mail: You can obtain the                                                                            criteria are met, the Service is
                                              documents by mail from the Indiana                      (8) assessment of direct and indirect
                                                                                                      effects of the taking on the northern                 authorized to issue permits under
                                              Ecological Services Field Office (see FOR                                                                     section 10(a)(1)(B) of the ESA for take of
                                              FURTHER INFORMATION CONTACT).                           long-eared bat within the Service’s
                                                                                                      Midwest region and rangewide; (9)                     federally listed species when, among
                                                 • In-Person: To view hard copies of                                                                        other things, such a taking is incidental
                                              the documents in person, go to one of                   conservation program consisting of
                                                                                                                                                            to, and not the purpose of, otherwise
                                              the Ecological Services Offices (8 a.m. to              avoidance and minimization measures,
                                                                                                                                                            lawful activities. Under the ESA, the
                                              4 p.m.) listed under FOR FURTHER                        mitigation, monitoring, and adaptive
                                                                                                                                                            term ‘‘take’’ means to harass, harm,
                                              INFORMATION CONTACT.                                    management; (10) funding for the HCP;
                                                                                                                                                            pursue, hunt, shoot, wound, kill, trap,
                                                 Comment submission: In your                          (11) procedures to deal with changed
                                                                                                                                                            capture, or collect endangered and
                                              comment, please specify whether your                    and unforeseen circumstances; and (12)
                                                                                                                                                            threatened species, or to attempt to
                                              comment addresses the draft HCP, DEA,                   methods for ITP amendments.
                                                                                                         Under the NEPA (43 U.S.C. 4321 et                  engage in any such conduct. Our
                                              or any combination of the                                                                                     implementing regulations in title 50 of
                                              aforementioned documents, or other                      seq.) and the ESA, the Service
                                                                                                      announces that we have gathered the                   the Code of Federal Regulations define
                                              supporting documents. You may submit                                                                          ‘‘harm’’ as an act which actually kills or
                                              written comments by one of the                          information necessary to:
                                                                                                         1. Determine the impacts and                       injures wildlife, and such act may
                                              following methods:                                                                                            include significant habitat modification
                                                 • Electronically: Submit by email to                 formulate alternatives for an EA related
                                                                                                      to:                                                   or degradation that results in death or
                                              IndianaFO@fws.gov.                                                                                            injury to listed species by significantly
                                                 • By hard copy: Submit by U.S. mail                     a. Issuance of an ITP to the applicant
                                                                                                      for the take of the Indiana bat and the               impairing essential behavioral patterns,
                                              or hand-delivery to U.S. Fish and                                                                             including breeding, feeding, or
                                              Wildlife Service, Indiana Ecological                    northern long-eared bat, and
                                                                                                         b. Implementation of the associated                sheltering (50 CFR 17.3). Harass, as
                                              Services Field Office, 620 S Walker                                                                           defined in our regulations, means ‘‘an
                                              Street, Bloomington, IN 47403.                          HCP; and
                                                                                                         2. Evaluate the application for ITP                intentional or negligent act or omission
                                              FOR FURTHER INFORMATION CONTACT:                        issuance, including the HCP, which                    which creates the likelihood of injury to
                                              Scott Pruitt, Field Supervisor,                         provides measures to minimize and                     wildlife by annoying it to such an extent
                                              Bloomington, Indiana, Ecological                        mitigate the effects of the proposed                  as to significantly disrupt normal
                                              Services Field Office, U.S. Fish and                    incidental take of the Indiana bat and                behavioral patterns which include, but
                                              Wildlife Service, 620 South Walker                      the northern long-eared bat.                          are not limited to, breeding, feeding, or
                                              Street, Bloomington, IN 47403;                                                                                sheltering’’ (50 CFR 17.3).
                                              telephone: 812–334–4261, extension                      Background                                               The HCP analyzes, and the ITP would
                                              214; or Erik Olson, Fish and Wildlife                      The HWF application is unusual in                  cover, take from harassment and harm,
                                              Biologist, Ecological Services, Midwest                 that the wind facility has been                       and killing of bats due to the operation
                                              Regional Office, U.S. Fish and Wildlife                 operational since 2014. The project                   of the Headwaters project. If issued, the
                                              Service, 5600 American Blvd., West,                     includes 100 Vestas V110 2.0 megawatt                 ITP would authorize incidental take
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                                              Suite 990, Bloomington, MN 55437–                       wind turbines and has a total energy                  consistent with the applicant’s HCP and
                                              1458; telephone: 612–713–5488.                          capacity of 200 MW. The need for the                  the ITP. To issue the ITP, the Service
                                              SUPPLEMENTARY INFORMATION: We have                      proposed action (i.e., issuance of an ITP)            must find that the application,
                                              received an application from                            is based on the potential that operation              including its HCP, satisfies the criteria
                                              Headwaters Wind Farm LLC (HWF) for                      of the Headwaters Wind Farm could                     of section 10(a)(1)(B) of the ESA and the
                                              an incidental take permit under the ESA                 result in take of Indiana bats and                    Service’s implementing regulations at
                                              (16 U.S.C. 1531 et seq.). If approved, the              northern long-eared bats.                             50 CFR part 13 and § 17.22. If the ITP


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                                                                           Federal Register / Vol. 83, No. 157 / Tuesday, August 14, 2018 / Notices                                                 40327

                                              is issued, the applicant would receive                    2. Any threats to the Indiana bat and               or other supporting documents by one
                                              assurances under the Service’s No                       the northern long-eared bat that may                  of the methods listed in ADDRESSES. We
                                              Surprises policy, as codified at 50 CFR                 influence their populations over the life             request that you send comments by only
                                              17.22(b)(5).                                            of the ITP that are not addressed in the              one of the methods described in
                                                 The applicant proposes to operate a                  draft HCP or draft EA;                                ADDRESSES.
                                              maximum of 100 wind turbines and                          3. Any new information on white-                      Comments and materials we receive,
                                              associated facilities (described below)                 nose syndrome effects on the Indiana
                                                                                                                                                            as well as documents associated with
                                              for a period of 27 years in Randolph                    bat and the northern long-eared bat; and
                                                                                                                                                            the notice, will be available for public
                                              County, Indiana. The project consists of                  4. Any other information pertinent to
                                                                                                      evaluating the effects of the proposed                inspection by appointment, during
                                              wind turbines, associated access roads,                                                                       normal business hours, at the Indiana
                                              an underground and aboveground                          action on the Indiana bat and the
                                                                                                      northern long-eared bat.                              Ecological Services Field Office in
                                              electrical collector system, one                                                                              Bloomington, Indiana (see FOR FURTHER
                                              substation containing transformers that                 Alternatives in the Draft EA                          INFORMATION CONTACT). Before including
                                              feed electricity into an existing 345-                                                                        your address, phone number, email
                                              kilovolt (kV) electrical tie-in line, a 10-                The DEA contains an analysis of four
                                                                                                      alternatives: (1) No Action alternative,              address, or other personal identifying
                                              mile generator lead line, three                                                                               information in your comment, you
                                              permanent meteorological towers, and                    in which all 100 turbines would be
                                                                                                      feathered from 1⁄2 hour before sunset to              should be aware that your entire
                                              an operations and maintenance                           1⁄2 hour after sunrise up to 5.0 meters               comment—including your personal
                                              building. Project facilities and
                                                                                                      per second (m/s) from March 15 through                identifying information—may be made
                                              infrastructure are placed on private land
                                                                                                      May 15 and up to 6.9 m/s from August                  publicly available at any time. While
                                              via long-term easement agreements
                                                                                                      1 through October 15. In addition, 10                 you can ask us in you comment to
                                              between the applicant and respective
                                                                                                      turbines within 1,000 feet of suitable                withhold your personal identifying
                                              landowners.
                                                                                                      habitat would be feathered up to 6.9 m/               information from public review, we
                                                 The draft HCP describes the impacts                                                                        cannot guarantee that we will be able to
                                              of take associated with the operation of                s with the rest of the turbines feathered
                                                                                                      up to manufacturer’s cut-in speed (3.0                do so.
                                              the Headwaters Wind Farm and
                                              includes measures to avoid, minimize,                   m/s) from May 16 through July 31. This                Authority
                                              mitigate, and monitor the impacts of                    curtailment regime would occur each
                                              incidental take on the Indiana bat and                  year during the operational life (27                    We provide this notice under section
                                              the northern long-eared bat. The                        years) of Headwaters; (2) the 5.0 m/s                 10(c) of the ESA (16 U.S.C. 1531 et seq.)
                                              applicant will mitigate for take and                    Cut-In Speed (feathered) Alternative                  and its implementing regulations (50
                                              associated impacts through protection                   including implementation of the HCP                   CFR 17.22) and the NEPA (42 U.S.C.
                                              and restoration of maternity colony                     and issuance of a 27-year ITP; (3) the 6.5            4371 et seq.) and its implementing
                                              habitat and/or swarming habitat, and                    m/s Cut-In Speed (feathered)                          regulations (40 CFR 1506.6; 43 CFR part
                                              gating of an Indiana bat hibernacula.                   Alternative, including implementation                 46).
                                              Habitat mitigation, including any                       of the HCP and issuance of a 27-year
                                                                                                                                                              Dated: April 18, 2018.
                                              restored habitat, will occur on private                 ITP; and (4) the 4.0 m/s Cut-In Speed
                                                                                                      (feathered) Alternative, including                    Lori H. Nordstrom,
                                              land and be permanently protected by
                                                                                                      implementation of the HCP and                         Assistant Regional Director, Ecological
                                              restrictive covenants approved by the                                                                         Services, Midwest Region.
                                              Service. Chapter 5 of the HCP describes                 issuance of a 27-year ITP. The DEA
                                              the Conservation Program, including                     considers the direct, indirect, and                   [FR Doc. 2018–17485 Filed 8–13–18; 8:45 am]

                                              details of avoidance and minimization                   cumulative effects of the alternatives,               BILLING CODE 4333–15–P

                                              measures, compensatory mitigation, and                  including any measures under the
                                              adaptive management that will limit                     Proposed Action alternative intended to
                                              and mitigate for the take of Indiana bats               minimize and mitigate such impacts.                   DEPARTMENT OF THE INTERIOR
                                              and northern long-eared bats.                           The DEA also identifies two additional
                                                                                                      alternatives that were considered but                 Fish and Wildlife Service
                                                 The Service is soliciting information
                                                                                                      were eliminated from analysis as
                                              regarding the adequacy of the HCP to
                                                                                                      detailed in Section 3.4 of the DEA.                   [FWS–R2–ES–2018–N065;
                                              avoid, minimize, mitigate, and monitor
                                                                                                         The Service invites comments and                   FXES11140200000–189–FF02ENEH00]
                                              the proposed incidental take of the
                                                                                                      suggestions from all interested parties
                                              covered species and to provide for
                                                                                                      on the content of the DEA. In particular,             Incidental Take Permit Applications
                                              adaptive management. In compliance
                                                                                                      information and comments regarding                    Received To Participate in the
                                              with section 10(c) of the ESA (16 U.S.C.
                                                                                                      the following topics are requested:                   American Burying-Beetle Amended Oil
                                              1539(c)), the Service is making the ITP                    1. The direct, indirect, or cumulative             and Gas Industry Conservation Plan in
                                              application materials available for                     effects that implementation of any                    Oklahoma
                                              public review and comment as                            alternative could have on the human
                                              described above.                                        environment;                                          AGENCY:     Fish and Wildlife Service,
                                                 We invite comments and suggestions                      2. Whether or not the significance of              Interior.
                                              from all interested parties on the draft                the impact on various aspects of the
                                              documents associated with the ITP                       human environment has been                            ACTION: Notice of availability; request
                                              application (HCP and HCP Appendices),                   adequately analyzed; and                              for public comments.
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                                              and request that comments be as                            3. Any other information pertinent to
                                              specific as possible. In particular, we                 evaluating the effects of the proposed                SUMMARY:  Under the Endangered
                                              request information and comments on                     action on the human environment.                      Species Act (ESA), as amended, we, the
                                              the following topics:                                                                                         U.S. Fish and Wildlife Service, invite
                                                 1. Whether adaptive management and                   Public Comments                                       the public to comment on Federally-
                                              monitoring provisions in the Proposed                     You may submit your comments and                    listed American burying-beetle
                                              Action alternative are sufficient;                      materials related to the draft HCP, DEA,              incidental take permit (ITP)


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Document Created: 2018-08-14 02:19:44
Document Modified: 2018-08-14 02:19:44
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; request for comments.
DatesWe will accept comments received or postmarked on or before September 14, 2018.
ContactScott Pruitt, Field Supervisor, Bloomington, Indiana, Ecological Services Field Office, U.S. Fish and Wildlife Service, 620 South Walker Street, Bloomington, IN 47403; telephone: 812-334-4261, extension 214; or Erik Olson, Fish and Wildlife Biologist, Ecological Services, Midwest Regional Office, U.S. Fish and Wildlife Service, 5600 American Blvd., West, Suite 990, Bloomington, MN 55437-1458; telephone: 612-713-5488.
FR Citation83 FR 40325 

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