Federal Register / Vol. 75, No. 101 / Wednesday, May 26, 2010 / Notices 29575 

would be authorized to occur within 

nine days of the first harvest. 

Both action alternatives would 

manage harvest activities under the 

guidelines of a harvest management 

plan cooperatively developed by the 

NPS and the HIA. NPS would conduct 

monitoring activities to ensure that park 

resources and values were not impacted. 

The Superintendent would retain the 

authority to close gull colonies to 

harvest. 

Victor W. Knox, 

Acting Regional Director, Alaska. 

[FR Doc. 2010–12608 Filed 5–25–10; 8:45 am] 

BILLING CODE 4312–HX–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

[FWS–R3–ES–2010–N094; 30120–1113–000– 

F6] 

Endangered and Threatened Wildlife 

and Plants; Indiana Bat; Notice of 

Intent To Prepare a Draft 

Environmental Impact Statement for a 

Proposed Habitat Conservation Plan 

and Incidental Take Permit 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of intent to prepare a 

draft environmental impact statement 

and draft habitat conservation plan; 

request for comments. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service) intend to 

prepare a draft environmental impact 

statement (EIS) to evaluate the impacts 

of several alternatives relating to the 

proposed issuance of an Endangered 

Species Act Permit to EverPower Wind 

Holdings, Inc., its subsidiary Buckeye 

Wind LLC, and its affiliates (applicant) 

for incidental take of the Indiana bat 

(Myotis sodalis), a Federal endangered 

species, from activities associated with 

the construction and operation of a 

wind power project in Champaign 

County, Ohio. We also announce a 

public comment period. 

DATES: To ensure consideration, please 

send your written comments by June 25, 

2010. 

ADDRESSES: You may submit comments 

by one of the following methods: 

U.S. mail or hand-delivery: Ms. 

Megan Seymour, U.S. Fish and Wildlife 

Service, Ohio Field Office, 4625 Morse 

Rd., Suite 104, Columbus, OH 43230; 

E-mail comments: 

EverPowerHCP@fws.gov; or 

Fax: (614) 416–8994 (Attention: 

Megan Seymour). 

FOR FURTHER INFORMATION CONTACT: Ms. 

Megan Seymour, at (614) 416–8993, 

extension 16. Individuals who are 

hearing-impaired or speech-impaired 

may call the Federal Relay Service at 

(800) 877–8337 for TTY assistance. 

SUPPLEMENTARY INFORMATION: We 

publish this notice in compliance with 

the National Environmental Policy Act 

(NEPA) of 1969, as amended (42 U.S.C. 

4321 et seq.), and its implementing 

regulations (40 CFR 1506.6), and section 

10(c) of the Endangered Species Act of 

1973, as amended (Act; 16 U.S.C. 1531 

et seq.). We intend to gather the 

information necessary to determine 

impacts and alternatives to support a 

decision regarding the potential 

issuance of an incidental take permit to 

the applicant, and the implementation 

of the supporting draft HCP. We intend 

to prepare an EIS to evaluate the 

impacts of several alternatives relating 

to the proposed issuance of an 

incidental take permit under the Act. 

The applicant proposes to apply for an 

incidental take permit through 

development and implementation of an 

HCP. The proposed HCP will cover take 

of the Indiana bat that is incidental to 

activities associated with the 

construction and operation of the 

applicant’s Buckeye Wind Energy 

project and will include measures 

necessary to minimize and mitigate 

impacts to the Indiana bat and its 

habitat to the maximum extent 

practicable. 

Public Comments 

We request data, comments, new 

information, or suggestions from the 

public, other concerned governmental 

agencies, the scientific community, 

Tribes, industry, or any other interested 

party on this notice. These comments 

will be considered by the Service in 

developing a draft EIS and in the 

development of an HCP and ITP. We 

particularly seek comments concerning: 

(1) Biological information concerning 

the Indiana bat; 

(2) Relevant data concerning wind 

power and bat interactions; 

(3) Additional information concerning 

the range, distribution, population size, 

and population trends of the Indiana 

bat; 

(4) Current or planned activities in the 

subject area and their possible impacts 

on the Indiana bat; 

(5) The presence of archeological 

sites, buildings and structures, historic 

events, sacred and traditional areas, and 

other historic preservation concerns, 

which are required to be considered in 

project planning by the National 

Historic Preservation Act; and 

(6) Identification of any other 

environmental issues that should be 

considered with regard to the proposed 

development and permit action. 

You may submit your comments and 

materials considering this notice by one 

of the methods listed in the ADDRESSES

section. If you previously submitted 

comments on this project during the 

public comment period associated with 

Federal Register notice 75 FR 4840 

(published January 29, 2010), you need 

not resubmit your comments. All 

previously received comments on this 

project will be considered in 

development of the draft EIS. 

Comments and materials we receive, 

as well as supporting documentation we 

use in preparing the NEPA document, 

will be available for public inspection 

by appointment, during normal business 

hours, at the U.S. Fish and Wildlife 

Service, Ohio Field Office (see FOR

FURTHER INFORMATION CONTACT section). 

You may obtain copies of this notice on 

the Internet at: http://www.fws.gov/ 

midwest/Endangered/permits/hcp/ 

r3hcps.html, or by mail from the Ohio 

Field Office (see FOR FURTHER

INFORMATION CONTACT section). 

Background 

Section 9 of the Act prohibits ‘‘taking’’ 

of fish and wildlife species listed as 

endangered under section 4 of the Act. 

The Act’s implementing regulations 

extend, under certain circumstances, the 

prohibition of take to threatened 

species. Under section 3 of the Act, the 

term ‘‘take’’ means ‘‘to harass, harm, 

pursue, hunt, shoot, wound, kill, trap, 

capture, or collect, or to attempt to 

engage in any such conduct.’’ The term 

‘‘harm’’ is defined by regulation as ‘‘an 

act which actually kills or injures 

wildlife. Such act may include 

significant habitat modification or 

degradation where it actually kills or 

injures wildlife by significantly 

impairing essential behavioral patterns, 

including breeding, feeding, or 

sheltering’’ (50 CFR 17.3). The term 

‘‘harass’’ is defined in the regulations as 

‘‘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). 

Section 10(a)(1)(B) of the Act requires 

an applicant for an incidental take 

permit to prepare an HCP that describes: 

(1) The impact that will result from such 

taking; (2) the steps the applicant will 

take to minimize and mitigate that take 

to the maximum extent practicable, and 

the funding that will be available to 

implement such steps; (3) the 


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alternative actions to such taking that 

the applicant considered and the 

reasons why such alternatives are not 

being utilized; and (4) the other 

measures that the Service may require 

as being necessary or appropriate for the 

purposes of the plan. The Act requires 

the Service to issue an incidental take 

permit to an applicant when we 

determine that: (1) The taking will be 

incidental to otherwise lawful activities; 

(2) the applicant will, to the maximum 

extent practicable, minimize and 

mitigate the impacts of such taking; (3) 

the applicant has ensured that adequate 

funding for the plan will be provided; 

(4) the taking will not appreciably 

reduce the likelihood of the survival 

and recovery of the species in the wild; 

and (5) the measures, if any, we require 

as necessary or appropriate for the 

purposes of the plan will be met. 

Regulations governing permits for 

endangered and threatened species are 

at 50 CFR 17.22 and 17.32. 

The Indiana bat was added to the list 

of Endangered and Threatened Wildlife 

and Plants on March 11, 1967 (32 FR 

4001). It is currently listed as an 

endangered species under the Act. The 

population decline of this species is 

attributed to habitat loss and 

degradation of both winter hibernation 

habitat and summer roosting habitat, 

human disturbance during hibernation, 

and possibly pesticides. An additional 

and emerging threat to Indiana bats is 

White-Nose Syndrome, a recently 

discovered fungus (Geomyces 

destructans) that invades the skin of 

bats, causing ulcers which may alter 

hibernation arousal patterns, and which 

can cause emaciation. The range of the 

Indiana bat includes much of the 

eastern United States, and Ohio is 

located within the core maternity range 

of the bat. Winter habitat for the Indiana 

bat includes caves and mines that 

support high humidity and cool but 

stable temperatures. In the summer, 

Indiana bats roost under the loose bark 

of dead or dying trees. During summer 

males roost alone or in small groups, 

while females and their offspring roost 

in larger groups of up to 100 or more. 

Indiana bats forage for insects in and 

along the edges of forested areas and 

wooded stream corridors. Maternity 

colonies of Indiana bats have recently 

been detected in Champaign County, 

Ohio, though no Indiana bat hibernacula 

have been documented in this county. 

Proposed Action 

The proposed action is issuance of an 

incidental take permit for the Indiana 

bat during construction and operation of 

the applicant’s Buckeye Wind Energy 

project. The proposed HCP, which must 

meet the requirements in section 

10(a)(2)(A) of the Act, would be 

developed and implemented by the 

applicant. 

The applicant is planning the 

development of a wind power project in 

Champaign County, Ohio. The project 

would be spread across 80,370 acres 

within portions of Union, Wayne, 

Urbana, Salem, Rush, and Goshen 

Townships. Development of the wind 

power project would include 

installation of up to 100 wind turbines 

and associated collection lines, access 

roads, utility lines, substations, 

operation and maintenance facility 

buildings, and temporary staging areas 

and concrete batch plants. The wind 

turbine hub height will be 

approximately 100 meters (m), and the 

rotor diameter will be approximately 

100 m, for an approximate total height 

of 150 m at the rotor apex. Installation 

of each individual turbine will 

temporarily impact an area of 

approximately 2.9 acres, while the final 

footprint of each turbine will be 

approximately 0.2 acres. Access roads to 

the turbines will have a temporary 

width of up to 55 feet during 

construction, and a permanent width of 

16–20 feet. Despite the relatively small 

acreage of land to be affected by the 

project, impacts to wildlife, particularly 

birds and bats, are anticipated. 

The project is located in a rural 

setting, with the landscape primarily 

composed of agricultural properties. 

Woodlots are scattered throughout the 

project area. Several small towns 

(Mutual and Cable) occur within the 

project area, and individual homes and 

low-density residential areas are also 

scattered throughout. 

The applicant, in conjunction with 

the Service, has determined that take of 

Indiana bats is likely to occur from 

development of the proposed wind 

power project. To authorize take, the 

applicant plans to develop an HCP and 

request issuance of an ITP from the 

Service. 

Alternatives 

Three action alternatives relating to 

the proposed issuance of an ITP to the 

applicant for activities associated with 

the construction and operation of the 

wind power project will be considered 

in the draft EIS, along with the potential 

impacts associated with each 

alternative. Each action alternative 

analyzed in the draft EIS will be 

compared to the No-Action alternative. 

The No-Action alternative represents 

estimated future conditions to which 

the proposed action can be compared. 

No-Action Alternative 

Under the No Action Alternative, an 

Incidental Take Permit (ITP) pursuant to 

Section 10 (a)(1)(B) of the Act would not 

be issued for development of the 

Buckeye Wind Project. The proposed 

Buckeye Wind Project and HCP would 

not occur without issuance of an ITP. 

According to the applicant, the Action 

Area would be reconsidered and the 

existing land uses would be maintained 

at the sites of proposed turbines and 

other Facility appurtenances until and 

unless an ITP could be secured. The 

proposed project purpose and need 

would not be met under the No Action 

Alternative. 

Maximally Restricted Operations 

Alternative 

Under the Maximally Restricted 

Operations Alternative, the Facility 

would be constructed as described 

under Proposed Action—i.e., full buildout of up to 100 turbines. Minimization 

for potential impacts to Indiana bats 

would include shutting down turbines 

at night during the period from April 1 

through October 31, the active period 

for Indiana bats, every year the Buckeye 

Wind Project is in operation. 

Modified Operations Alternative 

Under the Modified Operations 

Alternative, the Facility would be 

constructed as described under 

Proposed Action, i.e. full build-out of 

up to 100 turbines. Minimization for 

potential impacts to Indiana bats would 

include curtailment of turbines based on 

the habitat suitability for Indiana bats at 

each proposed turbine location. Habitat 

suitability will be determined based on 

habitat conditions at 43 roost locations 

and 1,124 foraging locations derived 

from radio telemetry data from 21 

Indiana bats that were captured during 

mist-netting activity in 2008 and 2009 

in Champaign, Logan, and Hardin 

Counties. 

Non-Restricted Operations Alternative 

Under the Non-Restricted Operations 

Alternative, the Facility would be 

constructed as described under 

Proposed Action—i.e., full build-out of 

up to 100 turbines. No operational 

minimization for potential impacts to 

Indiana bats would occur. 

Any preferred alternative developed 

by the Service is likely to contain 

various measures to avoid and minimize 

impacts to Indiana bats, including the 

impact of lethal take. Various methods 

that may be considered include, but are 

not limited to: Protection of roost trees 

and surrounding habitat, set-back 

distances from known roost trees, 

mapping and avoidance of foraging 


wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1
Federal Register / Vol. 75, No. 101 / Wednesday, May 26, 2010 / Notices 29577 

areas, protection and enhancement of 

Indiana bat habitat outside the project 

area, various curtailment regimes for 

turbines during prime activity or 

migration periods, and postconstruction monitoring for fatalities. 

Environmental Review 

The Service will conduct an 

environmental review to analyze 

various alternatives for implementing 

the proposed action and the associated 

impacts of each. The draft EIS will be 

the basis for the impact evaluation for 

Indiana bats and the range of 

alternatives to be addressed. The draft 

EIS is expected to provide biological 

descriptions of the affected species and 

habitats, as well as the effects of the 

alternatives on other resources such as 

vegetation, wetlands, wildlife, geology 

and soils, air quality, water resources, 

water quality, cultural resources, land 

use, recreation, water use, local 

economy, and environmental justice. 

Following completion of the 

environmental review, the Service will 

publish a notice of availability and a 

request for comments on the draft EIS 

and the applicant’s permit application, 

which will include the draft HCP. The 

draft EIS and draft HCP are expected to 

be completed and available to the public 

in mid-2010. 

Authority 

This notice is being furnished as 

provided for by the NEPA Regulations 

(40 CFR 1501.7 and 1508.22). The intent 

of the notice is to obtain suggestions and 

additional information from other 

agencies and the public on the scope of 

issues to be considered. Comments and 

participation in this scoping process are 

solicited. 

Dated: May 13, 2010. 

Lynn M. Lewis, 

Assistant Regional Director, Ecological 

Services, Region 3, Fort Snelling, MN. 

[FR Doc. 2010–12668 Filed 5–25–10; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[LLNM915000L14200000.BJ0000] 

Notice of Filing of Plats of Survey, New 

Mexico 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Notice of filing of plats of 

survey. 

SUMMARY: The plats of survey described 

below are scheduled to be officially 

filed in the New Mexico State Office, 

Bureau of Land Management (BLM), 

Santa Fe, New Mexico, thirty (30) 

calendar days from the date of this 

publication. 

FOR FURTHER INFORMATION CONTACT: 

These plats will be available for 

inspection in the New Mexico State 

Office, Bureau of Land Management, 

301 Dinosaur Trail, Santa Fe, New 

Mexico. Copies may be obtained from 

this office upon payment. Contact 

Marcella Montoya at 505–954–2097, or 

by e-mail at 

Marcella_Montoya@nm.blm.gov, for 

assistance. 

SUPPLEMENTARY INFORMATION: 

New Mexico Principal Meridian, New 

Mexico (NM) 

The plat, in four sheets, representing the 

dependent resurvey and survey in Township 

13 North, Range 4 East, of the New Mexico 

Principal Meridian, accepted March 21, 2010, 

for Group 1094 NM. 

The plat representing the dependent 

resurvey and survey in Township 29 North, 

Range 11 West, of the New Mexico Principal 

Meridian, accepted April 16, 2010, for Group 

1101 NM. 

The plat, in two sheets, representing the 

dependent resurvey and survey in Township 

25 North, Range 10 West, of the New Mexico 

Principal Meridian, accepted April 13, 2010, 

for Group 1085 NM. 

The plat, representing the dependent 

resurvey and survey, in Township 3 North, 

Range 7 West, of the New Mexico Principal 

Meridian, accepted April 20, 2010, for Group 

1089 NM. 

Indian Meridian, Oklahoma (OK) 

The plat, in two sheets, representing the 

dependent resurvey and survey in Township 

19 North, Range 8 East, of the Indian 

Meridian, accepted October 13, 2009, for 

Group 157 OK. 

The plat representing the dependent 

resurvey and survey in Township 28 North, 

Range 23 East, of the Indian Meridian, 

accepted March 18, 2010, for Group 183 OK. 

The plat representing the dependent 

resurvey and survey in Township 19 North, 

Range 22 East, of the Indian Meridian, 

accepted April 28, 2010, for Group 178 OK. 

The plat, in eighteen sheets, representing 

the dependent resurvey and survey in 

Township 10 North, Range 25 East, of the 

Indian Meridian, accepted April 30, 2010, for 

Group 61 OK. 

Polk County, Texas (TX) 

The plat representing the dependent 

resurvey and survey of the AlabamaCoushatta Indian Reservation, accepted April 

8, 2010, for Group 5 TX. 

If a protest against a survey, as shown 

on any of the above plats, is received 

prior to the date of official filing, the 

filing will be stayed pending 

consideration of the protest. A plat will 

not be officially filed until the day after 

all protests have been dismissed and 

become final or appeals from the 

dismissal affirmed. 

A person or party who wishes to 

protest against any of these surveys 

must file a written protest with the New 

Mexico State Director, Bureau of Land 

Management, stating that they wish to 

protest. 

A statement of reasons for a protest 

may be filed with the notice of protest 

to the State Director or the statement of 

reasons must be filed with the State 

Director within thirty (30) days after the 

protest is filed. 

Robert A. Casias, 

Chief, Branch of Cadastral, Survey/ 

GeoSciences. 

[FR Doc. 2010–12672 Filed 5–25–10; 8:45 am] 

BILLING CODE 4310–FB–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

Rate Adjustments for Indian Irrigation 

Projects 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice of Rate Adjustments. 

SUMMARY: The Bureau of Indian Affairs 

(BIA) owns, or has an interest in, 

irrigation projects located on or 

associated with various Indian 

reservations throughout the United 

States. We are required to establish 

irrigation assessment rates to recover the 

costs to administer, operate, maintain, 

and rehabilitate these projects. We are 

notifying you that we have adjusted the 

irrigation assessment rates at several of 

our irrigation projects and facilities to 

reflect current costs of administration, 

operation, maintenance, and 

rehabilitation. 

DATES: Effective Date: The irrigation 

assessment rates shown in the tables as 

final are effective as of January 1, 2010. 

FOR FURTHER INFORMATION CONTACT: For 

details about a particular BIA irrigation 

project or facility, please use the tables 

in the SUPPLEMENTARY INFORMATION

section to contact the regional or local 

office where the project or facility is 

located. 

SUPPLEMENTARY INFORMATION: 

I. Effect of this Notice 

II. Responses to Comments on Proposed Rate 

Adjustments 

III. Further Information on This Notice 

IV. Administrative Requirements 

I. Effect of This Notice 

Does this notice affect me? 

This notice affects you if you own or 

lease land within the assessable acreage 


wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1