83 FR 44652 - Draft Environmental Impact Statement and Draft Habitat Conservation Plan; Receipt of an Application for an Incidental Take Permit for Midwestern Bat and Bird Species; MidAmerican Energy Company, Iowa
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service Federal Register Volume 83, Issue 170 (August 31, 2018)
Fish and Wildlife Service
Federal Register Volume 83, Issue 170 (August 31, 2018)
| Page Range | 44652-44654 | |
| FR Document | 2018-18989 |
[Federal Register Volume 83, Number 170 (Friday, August 31, 2018)] [Notices] [Pages 44652-44654] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-18989] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [Docket No. FWS-R3-ES-2018-0037; FXES11130300000-189-FF03E00000] Draft Environmental Impact Statement and Draft Habitat Conservation Plan; Receipt of an Application for an Incidental Take Permit for Midwestern Bat and Bird Species; MidAmerican Energy Company, Iowa AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of availability; request for comments. ----------------------------------------------------------------------- SUMMARY: In accordance with the Endangered Species Act, as amended (ESA), and the National Environmental Policy Act (NEPA), we, the U.S. Fish and Wildlife Service (Service), announce the availability of a draft habitat conservation plan (HCP) in support of an application from MidAmerican Energy Company (applicant) for an incidental take permit (ITP) for the federally endangered Indiana bat, federally threatened northern long-eared bat, and federally protected bald eagle; also included in the permit would be the little brown bat and tricolored bat. The take is expected to result from operation of wind turbines in 22 counties in Iowa. Also available for review is the Service's draft environmental impact statement (DEIS), which was prepared in response to the application. We are seeking public comments on the draft HCP and DEIS. DATES: Submitting Comments: We will accept hardcopy comments received or postmarked on or before October 1, 2018. Comments submitted online at https://www.regulations.gov/ (see ADDRESSES) must be received by 11:59 p.m. Eastern Time on October 15, 2018. Public Involvement: The Service will announce future meetings and any other public involvement activities at least 15 days in advance through public notices, media releases, mailings, and/or online postings at https://www.fws.gov/midwest/rockisland/te/MidAmericanHCP.html. ADDRESSES: Obtaining Documents for Review: The documents this notice announces, as well as any comments and other materials that we receive, will be available for public inspection online in Docket No. FWS-R3-ES- 2018-0037 at http://www.regulations.gov. Submitting Comments: You may submit comments by one of the following methods:Online: http://www.regulations.gov. Follow the instructions for submitting comments on Docket No. FWS-R3-ES-2018-0037. U.S. mail or hand-delivery: Public Comments Processing, Attn: Docket No. FWS-R3-ES-2018-0037; U.S. Fish and Wildlife Service; MS: BPHC; 5275 Leesburg Pike, Falls Church, VA 22041-3803. We will post all comments on http://www.regulations.gov. This generally means that we will post online any personal information that you provide (see Public Availability of Comments under SUPPLEMENTARY INFORMATION). We request that you send comments by only the methods described above. Reviewing EPA comments on the draft HCP and DEIS: See EPA's Role in the EIS Process under SUPPLEMENTARY INFORMATION. FOR FURTHER INFORMATION CONTACT: Amber Schorg or Kraig McPeek, by phone at 309-757-5800. SUPPLEMENTARY INFORMATION: The Service has received an incidental take permit (ITP) application from the MidAmerican Energy Company in accordance with the requirements of the Endangered Species Act, as amended (ESA; 16 U.S.C. 1531 et seq.). The applicant has prepared a draft habitat conservation plan (HCP) in support of the ITP application and is seeking authorization for take of the federally endangered Indiana bat, federally threatened northern long-eared bat, and federally protected bald eagle, in addition to the little brown bat and tricolored bat. Little brown bat and tricolored bat are not federally protected, but they are currently being evaluated for protection under ESA. The applicant has chosen to include these as covered species, and they will be treated as if they were ESA listed. The ITP, if issued, would authorize incidental take of these species that may occur as a result of the operation of wind facilities in 22 Iowa counties over a 30-year permit term. The draft HCP describes how impacts to the covered species will be minimized and mitigated. The draft HCP also describes the covered species' life history and ecology, biological goals [[Page 44653]] and objectives, the estimated take and its potential impact on covered species' populations, adaptive management and monitoring, and mitigation measures. The Service has prepared a draft environmental impact statement (DEIS) in response to the ITP application in accordance with requirements of the National Environmental Policy Act (NEPA; 42 U.S.C. 4321 et seq.). We are making the draft HCP and the DEIS available for public review and comment. Background Section 9 of the ESA and its implementing regulations prohibit the ``take'' of animal species listed as endangered or threatened. Take is defined under the ESA as to ``harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect listed animal species, or to attempt to engage in such conduct'' (16 U.S.C. 1538). Under section 10(a)(1)(B) of the ESA, the Service may issue permits to authorize incidental take of listed species. Incidental take is defined by the ESA as take that is incidental to, and not the purpose of, carrying out an otherwise lawful activity. Section 10(a)(1)(B) of the ESA contains provisions for issuing incidental take permits to non-Federal entities for the incidental take of endangered and threatened species, provided the following criteria are met: (a) The taking will be incidental; (b) the applicant will minimize and mitigate, to the maximum extent practicable, the impact of such taking; (c) the applicant will develop an HCP and ensure that adequate funding for the plan will be provided; (d) the taking will not appreciably reduce the likelihood of the survival and recovery of the species in the wild; and (e) the applicant will carry out any other measures that the Secretary of the Interior may require as being necessary or appropriate for the purposes of the HCP. An applicant may choose to cover nonlisted species in the HCP, and these species will be treated as ESA-listed species. Proposed Action We propose to issue a 30-year permit for incidental take of the Indiana bat, northern long-eared bat, bald eagle, little brown bat, and tricolored bat if the MidAmerican HCP meets all the section 10(a)(1)(B) permit issuance criteria. The permit would authorize the take of these species incidental to the applicant's operation of wind projects. Applicant's Project MidAmerican Energy currently operates 22 Projects in Iowa, consisting of 2,021 turbines that vary by type and project. Detailed descriptions of the projects are found in section 2.0 of the HCP. All projects and turbines are within the range of the northern long-eared bat, little brown bat, tricolored bat, and eagle. Four projects have turbines within Indiana bat range (375 turbines). MidAmerican has developed a conservation program to avoid, minimize, and mitigate for impacts to covered species. Bald eagle-specific avoidance and minimization measures will include carrion removal in the vicinity of projects and livestock operator outreach. Reductions in scavenging opportunities are expected to reduce eagle use near wind projects. Bat- specific minimization measures were informed by extensive species presence-absence surveys, migration telemetry studies, and mortality monitoring. Minimization measures will include blade feathering below manufacturer's cut-in speed at all projects from March 15 through November 15 from sunset to sunrise. Additionally, 4 projects (265 turbines) that are expected to have the highest risk to covered bat species and all bats will be feathered below 5.0 meters per second (m/ s) July 15 through September 30 from sunset to sunrise when temperatures are below 10 degrees Celsius (50 degrees Fahrenheit). Blade feathering consists of turning turbine blades parallel to the prevailing wind direction to reduce rotation of the turbine rotors, which in turn reduces the likelihood of bat-turbine collisions. MidAmerican will conduct an annual monitoring program at each project throughout the life of the permit to confirm take permit compliance. MidAmerican has committed to fully offsetting the impacts of the taking for all covered bat species through habitat restoration, preservation, and enhancement, as well as restoration and preservation of at-risk occupied artificial roost structures. Measures to offset the impacts to taking of bald eagles will include funding local or regional eagle rehabilitation, a toxic substance education and abatement program, and protection of key eagle nesting or foraging habitat. National Environmental Policy Act In compliance with NEPA (42 U.S.C. 4321 et seq.), the Service has prepared a DEIS, in which we analyze the proposed action and a reasonable range of alternatives to the proposed action. Seven alternatives are analyzed in the DEIS. No-action alternative: No permit would be issued, and no HCP would be implemented. Alternative A: 5.0 m/s cut-in speed across all turbines for the entire bat active season. Alternative B: 5.0 m/s cut-in speed during fall bat migration at all turbines and at turbines within 1,000 ft of suitable habitat for Indiana and northern long-eared bats during the entire bat active season. Alternative C: 5.0 m/s cut-in speed during fall bat migration. Alternative D: Manufacturer's cut-in speed for the entire bat active season. The applicant's HCP alternative. Participation in the Midwest Wind MSHCP alternative. The environmental consequences of each alternative were analyzed to determine if significant environmental impacts would occur. EPA's Role in the EIS Process The EPA is charged with reviewing all Federal agencies' EISs and commenting on the adequacy and acceptability of the environmental impacts of proposed actions in EISs. Therefore, EPA is publishing a notice in the Federal Register announcing this DEIS, as required under section 309 of the Clean Air Act. The publication date of EPA's notice of availability is the official beginning of the public comment period. EPA's notices are published on Fridays. EPA serves as the repository (EIS database) for EISs prepared by Federal agencies. All EISs must be filed with EPA, which publishes a notice of availability on Fridays in the Federal Register. You may search for EPA comments on EISs, along with EISs themselves, at https://cdxnodengn.epa.gov/cdx-enepa-public/action/eis/search. Public Availability of Comments We will post on http://regulations.gov all public comments and information received electronically or via hardcopy. Written comments we receive become part of the administrative record associated with this action. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment--including your personal identifying information--may be made publicly available at any time. While you can request in your comment that we withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. All submissions from organizations or businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, will be [[Page 44654]] made available for public disclosure in their entirety. 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). Charles M. Wooley, Acting Regional Director, Midwest Region. [FR Doc. 2018-18989 Filed 8-30-18; 8:45 am] BILLING CODE 4333-15-P
![44652 Federal Register / Vol. 83, No. 170 / Friday, August 31, 2018 / Notices
The Federal Register notice that HUD encourages interested parties to midwest/rockisland/te/MidAmerican
solicited public comment on the submit comment in response to these HCP.html.
information collection for a period of 60 questions. ADDRESSES: Obtaining Documents for
days was published on May 22, 2018 at Authority: Section 3507 of the Paperwork Review: The documents this notice
83 FR 23719. Reduction Act of 1995, 44 U.S.C. Chapter 35. announces, as well as any comments
A. Overview of Information Collection Dated: August 22, 2018. and other materials that we receive, will
Inez C. Downs, be available for public inspection online
Title of Information Collection:
in Docket No. FWS–R3–ES–2018–0037
Survey to Assess Operational and Department Reports Management Officer,
Office of the Chief Information Officer. at http://www.regulations.gov.
Capacity Status of Housing Counseling Submitting Comments: You may
Agencies after a Disaster. [FR Doc. 2018–19001 Filed 8–30–18; 8:45 am]
submit comments by one of the
OMB Approved Number: 2502–0615. BILLING CODE 4210–67–P
Type of Request: Reinstatement following methods:
• Online: http://www.regulations.gov.
without change of a previously
Follow the instructions for submitting
approved collection. DEPARTMENT OF THE INTERIOR
Form Number: None. comments on Docket No. FWS–R3–ES–
Description of the need for the 2018–0037.
Fish and Wildlife Service • U.S. mail or hand-delivery: Public
information and proposed use: This
Disaster Survey collects post-disaster [Docket No. FWS–R3–ES–2018–0037; Comments Processing, Attn: Docket No.
information needed for the Office of FXES11130300000–189–FF03E00000] FWS–R3–ES–2018–0037; U.S. Fish and
Housing Counseling to determine the Wildlife Service; MS: BPHC; 5275
Draft Environmental Impact Statement Leesburg Pike, Falls Church, VA 22041–
ability of the housing counseling
and Draft Habitat Conservation Plan; 3803.
agencies to perform their required
Receipt of an Application for an We will post all comments on http://
functions during the disaster recovery
Incidental Take Permit for Midwestern www.regulations.gov. This generally
period. Responses are required from
Bat and Bird Species; MidAmerican means that we will post online any
HUD participating housing counseling
Energy Company, Iowa personal information that you provide
agencies for HUD to assess the operating
and capacity status of HUD participating (see Public Availability of Comments
AGENCY: Fish and Wildlife Service,
housing counseling agencies in the under SUPPLEMENTARY INFORMATION). We
Interior.
aftermath of major disasters. The request that you send comments by only
ACTION: Notice of availability; request the methods described above.
information collected will help HUD to for comments. Reviewing EPA comments on the draft
identify and provide recovery support
SUMMARY: In accordance with the HCP and DEIS: See EPA’s Role in the
and assistance to HUD participating
Endangered Species Act, as amended EIS Process under SUPPLEMENTARY
housing counseling agencies and their
INFORMATION.
clients. Response is mandatory. (ESA), and the National Environmental
Respondents (i.e. affected public): Policy Act (NEPA), we, the U.S. Fish FOR FURTHER INFORMATION CONTACT:
Not-for-profit institutions, State, Local and Wildlife Service (Service), Amber Schorg or Kraig McPeek, by
or Tribal Government. announce the availability of a draft phone at 309–757–5800.
Estimated Number of Respondents: habitat conservation plan (HCP) in SUPPLEMENTARY INFORMATION: The
100.00. support of an application from Service has received an incidental take
Estimated Number of Responses: MidAmerican Energy Company permit (ITP) application from the
200.00. (applicant) for an incidental take permit MidAmerican Energy Company in
Frequency of Response: 200.00. (ITP) for the federally endangered accordance with the requirements of the
Average Hours per Response: 0.50. Indiana bat, federally threatened Endangered Species Act, as amended
Total Estimated Burdens: 100.00.
northern long-eared bat, and federally (ESA; 16 U.S.C. 1531 et seq.). The
B. Solicitation of Public Comment protected bald eagle; also included in applicant has prepared a draft habitat
This notice is soliciting comments the permit would be the little brown bat conservation plan (HCP) in support of
from members of the public and affected and tricolored bat. The take is expected the ITP application and is seeking
parties concerning the collection of to result from operation of wind authorization for take of the federally
information described in Section A on turbines in 22 counties in Iowa. Also endangered Indiana bat, federally
the following: available for review is the Service’s draft threatened northern long-eared bat, and
(1) Whether the proposed collection environmental impact statement (DEIS), federally protected bald eagle, in
of information is necessary for the which was prepared in response to the addition to the little brown bat and
proper performance of the functions of application. We are seeking public tricolored bat. Little brown bat and
the agency, including whether the comments on the draft HCP and DEIS. tricolored bat are not federally
information will have practical utility; DATES: protected, but they are currently being
(2) The accuracy of the agency’s Submitting Comments: We will accept evaluated for protection under ESA. The
estimate of the burden of the proposed hardcopy comments received or applicant has chosen to include these as
collection of information; postmarked on or before October 1, covered species, and they will be treated
(3) Ways to enhance the quality, 2018. Comments submitted online at as if they were ESA listed. The ITP, if
utility, and clarity of the information to https://www.regulations.gov/ (see issued, would authorize incidental take
be collected; and ADDRESSES) must be received by 11:59 of these species that may occur as a
daltland on DSKBBV9HB2PROD with NOTICES
(4) Ways to minimize the burden of p.m. Eastern Time on October 15, 2018. result of the operation of wind facilities
the collection of information on those Public Involvement: The Service will in 22 Iowa counties over a 30-year
who are to respond: Including through announce future meetings and any other permit term. The draft HCP describes
the use of appropriate automated public involvement activities at least 15 how impacts to the covered species will
collection techniques or other forms of days in advance through public notices, be minimized and mitigated. The draft
information technology, e.g., permitting media releases, mailings, and/or online HCP also describes the covered species’
electronic submission of responses. postings at https://www.fws.gov/ life history and ecology, biological goals
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![44654 Federal Register / Vol. 83, No. 170 / Friday, August 31, 2018 / Notices
made available for public disclosure in The plat, in 4 sheets, incorporating SUMMARY: This order withdraws
their entirety. the field notes of the dependent 694,838.84 acres of public land in
resurvey in Township 2 South, Range 73 Churchill, Lyon, Mineral, Nye, and
Authority
West, Sixth Principal Meridian, Pershing Counties, Nevada from all
We provide this notice under section Colorado, was accepted on July 9, 2018. forms of appropriation under the public
10(c) of the ESA (16 U.S.C. 1531 et seq.) The plat, in 2 sheets, incorporating land laws, including location and entry
and its implementing regulations (50 the field notes of the dependent under the United States mining laws,
CFR 17.22) and the NEPA (42 U.S.C. resurvey and subdivision of section 23 and leasing under the mineral and
4371 et seq.) and its implementing in Township 41 North, Range 2 East, geothermal leasing laws, subject to valid
regulations (40 CFR 1506.6; 43 CFR part New Mexico Principal Meridian, existing rights, for four years for land
46). Colorado, was accepted on July 23, management evaluation purposes. In
2018. addition, 68,809.44 acres of Federal
Charles M. Wooley,
The plat, in 2 sheets, incorporating land in the Dixie Valley area (Churchill
Acting Regional Director, Midwest Region. County, Nevada) are withdrawn from
the field notes of the dependent
[FR Doc. 2018–18989 Filed 8–30–18; 8:45 am] leasing under the mineral leasing laws.
resurvey and subdivision of section 27
BILLING CODE 4333–15–P
in Township 4 South, Range 72 West, Including the 8,722.47 acres of
Sixth Principal Meridian, Colorado, was Department of the Navy (DON) lands,
accepted on August 9, 2018. the total Federal land withdrawn by this
DEPARTMENT OF THE INTERIOR Public Land Order is 772,370.75 acres.
A person or party who wishes to
protest any of the above surveys must Non-Federal lands totaling 66,160.53
Bureau of Land Management
file a written notice of protest within 30 acres are described within the
[LLCO956000 L14400000.BJ0000 18X] calendar days from the date of this withdrawal area. Any current or future
publication at the address listed in the Federal estate interest in these non-
Notice of Filing of Plats of Survey, ADDRESSES section of this notice. A Federal lands are subject to this
Colorado statement of reasons for the protest may withdrawal.
be filed with the notice of protest and DATES: This Public Land Order takes
AGENCY: Bureau of Land Management,
Interior. must be filed within 30 calendar days effect on August 31, 2018.
after the protest is filed. If a protest FOR FURTHER INFORMATION CONTACT:
ACTION: Notice of official filing.
against the survey is received prior to Colleen Dingman, BLM, Carson City
SUMMARY: The plats of survey of the the date of official filing, the filing will District Office, 775–885–6168; address:
following described lands are scheduled be stayed pending consideration of the 5665 Morgan Mill Rd., Carson City, NV
to be officially filed in the Bureau of protest. A plat will not be officially filed 89701; email: cjdingman@blm.gov.
Land Management (BLM), Colorado until the day after all protests have been Persons who use a telecommunications
State Office, Lakewood, Colorado, 30 dismissed or otherwise resolved. Before device for the deaf (TDD) may call the
calendar days from the date of this including your address, phone number, Federal Relay Service (FRS) at 1–800–
publication. The surveys, which were email address, or other personal 877–8339 to contact the above
executed at the request of the U.S. identifying information in your protest, individual during normal business
Forest Service and the BLM, are please be aware that your entire protest, hours. The FRS is available 24 hours a
necessary for the management of these including your personal identifying day, 7 days a week, to leave a message
lands. information, may be made publicly or question with the above individual.
available at any time. While you can ask You will receive a reply during normal
DATES: Unless there are protests of this
us in your comment to withhold your business hours.
action, the plats described in this notice
personal identifying information from SUPPLEMENTARY INFORMATION: This
will be filed on October 1, 2018.
public review, we cannot guarantee that withdrawal keeps the lands identified
ADDRESSES: You may submit written we will be able to do so. below from the specified forms of
protests to the BLM Colorado State appropriation in order to maintain the
Office, Cadastral Survey, 2850 Authority: 43 U.S.C. Chap. 3.
current environmental baseline, relative
Youngfield Street, Lakewood, CO Randy A. Bloom, to mineral exploration and development
80215–7093. Chief Cadastral Surveyor. for land management evaluation, subject
FOR FURTHER INFORMATION CONTACT: [FR Doc. 2018–18991 Filed 8–30–18; 8:45 am] to valid existing rights, to allow the
Randy Bloom, Chief Cadastral Surveyor BILLING CODE 4310–JB–P DON time to complete its environmental
for Colorado, (303) 239–3856; rbloom@ evaluations under the National
blm.gov. Persons who use a Environmental Policy Act (NEPA). The
telecommunications device for the deaf DEPARTMENT OF THE INTERIOR DON’s environmental evaluations and
may call the Federal Relay Service at 1– NEPA analysis are for a potential
800–877–8339 to contact the above Bureau of Land Management legislative withdrawal of these acres of
individual during normal business land at Naval Air Station Fallon that the
hours. The Service is available 24 hours [LLNVC01000.L19200000.ET0000; DON intends to propose to Congress to
a day, seven days a week, to leave a LRORF1709600; MO# 4500124053] withdraw and reserve for military use.
message or question with the above
individual. You will receive a reply Public Land Order No. 7873; Order
daltland on DSKBBV9HB2PROD with NOTICES
during normal business hours. Withdrawal of Public Land for Land By virtue of the authority vested in
SUPPLEMENTARY INFORMATION: The plat
Management Evaluation Purposes; the Secretary of the Interior by Section
and field notes of the dependent Nevada 204 of the Federal Land Policy and
resurvey in Township 14 South, Range AGENCY: Bureau of Land Management, Management Act of 1976, 43 U.S.C.
99 West, Sixth Principal Meridian, Interior. 1714, it is ordered as follows:
Colorado, were accepted on July 5, 1. Subject to valid existing rights, the
ACTION: Public Land Order.
2018. following described public lands are hereby
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Document Created: 2018-08-31 00:53:42
Document Modified: 2018-08-31 00:53:42
| 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; request for comments. | |
| Dates | Submitting Comments: We will accept hardcopy comments received or postmarked on or before October 1, 2018. Comments submitted online at | |
| Contact | Amber Schorg or Kraig McPeek, by phone at 309-757-5800. | |
| FR Citation | 83 FR 44652 |
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