[Federal Register Volume 79, Number 210 (Thursday, October 30, 2014)]
[Notices]
[Pages 64619-64621]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-25796]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R6-ES-2014-0048; FF06E22000-145-FXES11130600000]


Endangered and Threatened Wildlife and Plants; Permits; Draft 
Environmental Impact Statement and Habitat Conservation Plan for the R-
Project Transmission Line in Nebraska

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of intent; announcement of public scoping meetings; 
request for public comments.

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SUMMARY: We, the U.S. Fish and Wildlife Service, intend to prepare a 
draft environmental impact statement (DEIS) under the National 
Environmental Policy Act (NEPA) to consider potential impacts on the 
human environment from the proposed issuance of an incidental take 
permit (permit) and required implementation of a Habitat Conservation 
Plan (HCP). The Nebraska Public Power District (NPPD) is proposing to 
apply for the permit for take of the American burying beetle associated 
with the construction, operation, and maintenance of the R-Project 
Transmission Line in north-central Nebraska. The American burying

[[Page 64620]]

beetle is federally listed as an endangered species.
    We provide this notice to (1) describe the proposed action; (2) 
advise other Federal and State agencies, potentially affected tribes, 
and the public of our intent to prepare an DEIS; (3) announce the 
initiation of a 60-day public scoping period; and (4) obtain 
suggestions and information on the scope of issues and possible 
alternatives to be included in the DEIS. The intended effect of this 
notice is to gather information from the public for consideration when 
developing alternatives to the proposed action that will avoid, 
minimize, and mitigate the effects of incidental take to the maximum 
extent practicable and to address other potential impacts to the human 
environment.

DATES: To ensure consideration, we must receive your written comments 
on or before December 29, 2014. Three scoping meetings will be held, 
from 4 p.m. until 7 p.m. on the following dates, at the following 
locations:

American Legion--November 18, 2014, 4 p.m. to 7 p.m., 657 G Street, 
Burwell, NE 68823;
Village Municipal Offices (Village of Sutherland Community Building)--
November 19, 2014, 4 p.m. to 7 p.m., 1200 First Street, Sutherland, NE 
69165; and
Thomas County Fairgrounds--November 20, 2014, 4 p.m. to 7 p.m., 83861 
Highway 83, Thedford, NE 69166.

ADDRESSES: Send your comments regarding the proposed action and the 
proposed DEIS by any one of the following methods:
    Electronically: www.regulations.gov. Follow the instructions for 
submitting comments on Docket No. FWS-R6-ES-2014-0048.
    U.S. Mail: Public Comments Processing, Attn: FWS-R6-ES-2014-0048; 
Division of Policy and Directives Management; U.S. Fish and Wildlife 
Service; MS: BPHC; 5275 Leesburg Pike; Falls Church, VA 22041-3803.
    In-Person Drop-off, Viewing, or Pickup: Written comments will also 
be accepted at the public meetings (see DATES).
    We request that you send comments only by the methods described 
above. We will post all comments on http://www.regulations.gov. This 
generally means that we will post any personal information you provide 
us (see the Public Availability of Comments section below for more 
information).

FOR FURTHER INFORMATION CONTACT: Eliza Hines, Acting Field Supervisor, 
by phone at (308) 382-6468, and by U.S. mail at U.S. Fish and Wildlife 
Service, 9325 South Alda Road, Wood River, NE 68883. Individuals who 
are hearing or speech impaired may call the Federal Relay Service at 
(800) 877-8337 for TTY assistance.
    Reasonable Accommodations: Persons needing reasonable 
accommodations to attend and participate in the public meetings should 
contact Eliza Hines. To allow sufficient time to accommodate requests, 
please call no later than one week before the meeting. Information 
regarding the proposed action is available in alternative formats upon 
request.

SUPPLEMENTARY INFORMATION: We intend to prepare a DEIS under NEPA (42 
U.S.C. 4321 et seq.) to consider potential impacts on the human 
environment from the proposed issuance of an incidental take permit 
(permit) and required implementation of a Habitat Conservation Plan 
(HCP). The Nebraska Public Power District (NPPD) is proposing to apply 
for the permit for take of the American burying beetle (Nicrophorous 
americanus) associated with the construction, operation, and 
maintenance of the R-Project Transmission Line in north-central 
Nebraska. The American burying beetle is federally listed as an 
endangered species.
    The NPPD is preparing a draft HCP as part of its application for 
the permit. The HCP must include measures to avoid, minimize, and 
mitigate the impacts of the take of covered species within the plan 
area during project construction, operation, and maintenance 
activities. We provide this notice to (1) describe the proposed action; 
(2) advise other Federal and State agencies, potentially affected 
tribes, and the public of our intent to prepare an DEIS; (3) announce 
the initiation of a 60-day public scoping period; and (4) obtain 
suggestions and information on the scope of issues and possible 
alternatives to be included in the DEIS. The intended effect of this 
notice is to gather information from the public for consideration when 
developing alternatives to the proposed action that will avoid, 
minimize, and mitigate the effects of incidental take to the maximum 
extent practicable and to address other potential impacts to the human 
environment.

Background

    Section 9 of the Endangered Species Act of 1973, as amended (16 
U.S.C. 1531 et seq.; ESA), and its implementing regulations (50 CFR 
part 17), prohibit ``take'' of threatened and endangered fish or 
wildlife species. Take is defined under the ESA as to harass, harm, 
pursue, hunt, shoot, wound, kill, trap, capture, collect, or to attempt 
to engage in any such conduct (16 U.S.C. 1532(19)). We further define 
``harm'' as an act, including significant habitat modification or 
degradation, that actually kills or injures wildlife by significantly 
impairing essential behavioral patterns, including breeding, feeding, 
or sheltering (50 CFR 17.3). We further define ``harass'' 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 behavioral patterns such as breeding, feeding, 
and sheltering.
    Under certain circumstances, we may issue permits to take listed 
species if such taking is incidental to, and not the purpose of, 
otherwise lawful activities. Regulations governing permits for 
threatened or endangered species incidental take are found at 50 CFR 
17.32 and 50 CFR 17.22, respectively.
    NEPA requires that Federal agencies conduct an environmental 
analysis of their proposed actions to determine if the actions may 
significantly affect the human environment. Under NEPA, a reasonable 
range of alternatives to a proposed project is developed and considered 
in the Service's environmental review. Alternatives considered for 
analysis in a DEIS for an HCP may include, but are not limited to: 
Variations in the scope of covered activities; variations in the 
location, amount, and type of conservation activities; variations in 
permit duration; or a combination of these elements.

Proposed Action

    The proposed Federal action is our issuance of a permit to NPPD 
that would authorize a specified amount and type of incidental take of 
American burying beetles during construction, operation, and 
maintenance of a 220-mile, 345-kilovolt (kV) transmission line and 
substations in the Sandhills of north-central Nebraska. The purpose of 
the R-Project is to enhance reliability of NPPD's electric transmission 
system, relieve congestion from existing lines within the transmission 
system, and provide additional opportunities for development of 
renewable energy projects. The proposed construction, operation, and 
maintenance of the NPPD R-Project may affect the American burying 
beetle directly, and possibly indirectly, through habitat fragmentation 
and temporary and permanent loss of habitat as a result of ground 
disturbance and soil compaction. As required for application for the 
permit, NPPD is developing a

[[Page 64621]]

HCP that will outline actions to avoid, minimize, and mitigate 
potential impacts to the American burying beetle. In coordination with 
NPPD, we will determine the duration of the HCP and permit, which would 
depend on the anticipated life of the project, time needed to realize 
benefits of the HCP's conservation measures, and the timeframe in which 
adverse effects to American burying beetles can be reliably predicted.
    Proposed American burying beetle conservation measures that may be 
considered for the HCP to adopt include: (1) Adjustment in timing of 
certain construction activities to avoid American burying beetle active 
periods; (2) avoidance of high-quality habitat areas; (3) reduction in 
habitat disturbance by prioritizing use of existing disturbed areas for 
laydown and structure placement; (4) reduction in direct disturbance by 
modifying construction techniques; (5) reclamation of temporarily 
disturbed areas; (6) compensation for habitat loss; and (7) removal of 
carrion. The HCP will also include monitoring and adaptive management 
features. Monitoring would help determine compliance with and 
effectiveness of the HCP; validate assumptions, information, and models 
used to develop the HCP; and provide information to support revisions, 
if necessary, to the conservation measures over the life of the HCP.

Public Scoping

    The primary purpose of the scoping process is for the public to 
assist the Service in developing a DEIS for the proposed permit action 
by identifying important issues and alternatives related to NPPD's 
proposed project, to provide the public with a general understanding of 
the background of the proposed HCP and activities it would cover, and 
an overview of the NEPA process. To ensure that we identify a range of 
issues and alternatives related to the proposed permit action, we 
invite comments and suggestions from all interested parties.
    The scoping meetings will consist of an open house format from 4 
p.m. to 7 p.m. about the proposed action and NEPA process. The open 
house format will provide interested members of the public an 
opportunity to learn about the proposed action, permit area, and the 
covered species. We will accept oral and written comments throughout 
the public meeting. A court reporter and an interpreter will be present 
if deemed necessary. You may also submit your comments and materials by 
one of the methods listed in the ADDRESSES section.

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. We and NPPD will consider these comments in developing the DEIS 
and the draft HCP related to the proposed project. We particularly seek 
comments on the following:
    1. The direct, indirect, and cumulative effects that implementation 
of any reasonable alternative to the proposed project could have on 
endangered or threatened species and other unlisted species, including 
migratory birds and their habitats;
    2. Other reasonable alternatives to the proposed project and permit 
issuance that should be considered;
    3. Relevant biological data and additional information concerning 
the American burying beetle;
    4. Current or planned activities in the subject area and their 
possible impacts on the American burying beetle;
    5. The presence of archaeological sites, buildings and structures, 
historic sites, sacred and traditional areas, and other historic 
preservation concerns;
    6. The scope of covered activities, including potential avoidance, 
minimization, and mitigation measures for incidental take of the 
American burying beetle;
    7. Appropriate monitoring and adaptive management provisions that 
should be included in the HCP; and
    8. Identification of any other environmental issues that should be 
considered regarding the proposed project and permit action.

Public Availability of Comments

    Comments and materials we receive in response to this notice and at 
the public meeting, as well as supporting documentation we use in 
preparing the DEIS, will become part of the public record and will be 
available for public inspection at www.regulations.gov (see ADDRESSES). 
Before including your address, phone number, email address, or other 
personal identifying information in your comments, you should be aware 
that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

Environmental Review and Next Steps

    The DEIS will include analyses of potential impacts on the American 
burying beetle from the HCP and the permit and from each identified 
alternative to the action. The DEIS will provide biological 
descriptions of 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, the local 
economy, and environmental justice. Following completion of the 
environmental review, we will publish a notice of availability and 
request for public comments on the DEIS, NPPD's permit application, and 
the draft HCP. The DEIS and draft HCP are expected to be completed and 
available for the public review during the first three months of the 
2016 calendar year.

Authority

    Our environmental review of this project will be conducted in 
accordance with the requirements of NEPA (42 U.S.C. 4321 et seq.), 
Council of Environmental Quality regulations (40 CFR parts 1500-1508), 
other applicable Federal laws and regulations, and the Service's 
applicable policies and procedures. This notice is being furnished in 
accordance with 40 CFR 1501.7 of the NEPA regulations to obtain 
suggestions and information from other agencies and the public on the 
scope of issues and alternatives to be addressed in the DEIS.

    Dated: October 8, 2014.
Nicole Alt,
Acting Assistant Regional Director--Ecological Services, Mountain-
Prairie Region, Denver, CO.
[FR Doc. 2014-25796 Filed 10-29-14; 8:45 am]
BILLING CODE 4310-55-P