[Federal Register Volume 75, Number 101 (Wednesday, May 26, 2010)]
[Notices]
[Pages 29575-29577]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-12668]


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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.

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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: <a href="/cdn-cgi/l/email-protection#3075465542605f475542787360705647431e575f46"><span class="__cf_email__" data-cfemail="6326150611330c1406112b2033230514104d040c15">[email protected]</span></a>; 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

[[Page 29576]]

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 
build-out 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

[[Page 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 post-construction 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


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