Notice2022-02649
Draft Environmental Assessment and Proposed Habitat Conservation Plan; Receipt of an Application for an Incidental Take Permit, Headwaters II Wind Farm, Randolph County, Indiana
Primary source
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Published
February 9, 2022
Issuing agencies
Interior DepartmentFish and Wildlife Service
Abstract
We, the U.S. Fish and Wildlife Service, have received an application from Headwaters II Wind Farm LLC (applicant) a subsidiary of EDP Renewables North America LLC, for an incidental take permit (ITP) under the Endangered Species Act, for its Headwaters II Wind Farm (project). If approved, the ITP would be for a 30-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 habitat conservation plan 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, which has been prepared in response to the permit application in accordance with the requirements of the National Environmental Policy Act. We request public comment on the application and associated documents.
Full Text
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<title>Federal Register, Volume 87 Issue 27 (Wednesday, February 9, 2022)</title>
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[Federal Register Volume 87, Number 27 (Wednesday, February 9, 2022)]
[Notices]
[Pages 7491-7492]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-02649]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS-R3-ES-2021-0160; FXES11140300000-223]
Draft Environmental Assessment and Proposed Habitat Conservation
Plan; Receipt of an Application for an Incidental Take Permit,
Headwaters II Wind Farm, Randolph County, Indiana
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for comment and information.
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SUMMARY: We, the U.S. Fish and Wildlife Service, have received an
application from Headwaters II Wind Farm LLC (applicant) a subsidiary
of EDP Renewables North America LLC, for an incidental take permit
(ITP) under the Endangered Species Act, for its Headwaters II Wind Farm
(project). If approved, the ITP would be for a 30-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 habitat conservation plan 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, which has been prepared in response to the
permit application in accordance with the requirements of the National
Environmental Policy Act. We request public comment on the application
and associated documents.
DATES: We will accept comments received or postmarked on or before
March 11, 2022.
ADDRESSES:
Document availability: Electronic copies of the documents this
notice announces, along with public comments received, will be
available online in Docket No. FWS-R3-ES-2021-0160 at <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
Comment submission: Please specify whether your comment addresses
the proposed HCP, draft EA, or any combination of the aforementioned
documents, or other supporting documents. You may submit written
comments by one of the following methods:
<bullet> Online: <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Search for and submit
comments on Docket No. FWS-R3-ES-2021-0160.
<bullet> By hard copy: Submit comments by U.S. mail to Public
Comments Processing, Attn: Docket No. FWS-R3-ES-2021-0160; U.S. Fish
and Wildlife Service; 5275 Leesburg Pike, MS: PRB/3W; Falls Church, VA
22041-3803.
FOR FURTHER INFORMATION CONTACT: Scott Pruitt, Field Supervisor,
Indiana Ecological Services Field Office by email at
<a href="/cdn-cgi/l/email-protection#7201111d06062d0200071b0606321405015c151d04"><span class="__cf_email__" data-cfemail="8af9e9e5fefed5faf8ffe3fefecaecfdf9a4ede5fc">[email protected]</span></a>, or telephone at 812-334-4261, extension 214; or
Andrew Horton, Regional HCP Coordinator, Interior Region 3 by email at
<a href="/cdn-cgi/l/email-protection#ff9e919b8d9a88a097908d8b9091bf99888cd1989089"><span class="__cf_email__" data-cfemail="e4858a80968193bb8c8b96908b8aa4829397ca838b92">[email protected]</span></a> or telephone at 612-713-5337.
Individuals who are hearing impaired or speech impaired may call
the Federal Relay Service at 1-800-877-8339 for TTY assistance.
SUPPLEMENTARY INFORMATION:
Background
Section 9 of the Endangered Species Act of 1973, as amended (ESA;
16 U.S.C. 1531 et seq.), 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). However, under
section 10(a) of the ESA, we 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. Regulations governing incidental take
permits for endangered and threatened species, respectively, are found
in the Code of Federal Regulations at 50 CFR 17.22 and 50 CFR 17.32.
Applicant's Proposed Project
The applicant requests a 30-year ITP to take the federally
endangered Indiana bat (Myotis sodalis) and threatened northern long-
eared bat (Myotis septentrionalis). The applicant determined that take
is reasonably certain to occur incidental to operation of 49 wind
turbines that have a total generating capacity of 198 megawatts and
cover approximately 10,435 acres of private land. The proposed
conservation strategy in the applicant's proposed HCP is designed to
avoid, minimize, and mitigate the impacts of the covered activity on
the covered species. The biological goals and objectives are to
minimize potential take of Indiana bats and northern long-eared bats
through on-site minimization measures and to provide habitat
conservation measures for Indiana bats and northern long-eared bats to
offset any impacts from operations of the project. The HCP provides on-
site avoidance and minimization measures, which include turbine
operational adjustments. The authorized level of take from the project
is 359 Indiana bats and 93 northern long-eared bats over the 30-year
project duration. To offset the impacts of the taking of Indiana bats
and northern long-eared bats, the applicant proposes to protect known
maternity colony habitat and staging/swarming habitat.
National Environmental Policy Act
The issuance of an ITP is a Federal action that triggers the need
for compliance with NEPA. We prepared a draft EA that analyzes the
environmental impacts on the human environment resulting from three
alternatives: A no-action alternative, the proposed action, and a more
restrictive alternative consisting of feathering at a rate of wind
speed that results in less impacts to bats.
Next Steps
The Service will evaluate the permit application and the comments
received to determine whether the application meets the requirements of
section 10(a) of the ESA. We will also conduct an intra-Service
consultation pursuant to section 7 of the ESA to evaluate the effects
of the proposed take. After considering the above findings, we will
determine whether the permit issuance criteria of section 10(a)(l)(B)
of the ESA have been met. If met, the Service will issue the requested
ITP to the applicant.
Request for Public Comments
The Service invites comments and suggestions from all interested
parties during a 30-day public comment period (see DATES). In
particular, information and comments regarding the following topics are
requested:
1. The environmental 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;
3. 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 proposed HCP or EA; and
[[Page 7492]]
4. Any other information pertinent to evaluating the effects of the
proposed action on the human environment.
Availability of Public Comments
You may submit comments by one of the methods shown under
ADDRESSES. We will post on <a href="http://regulations.gov">http://regulations.gov</a> all public comments
and information received electronically or via hardcopy. All comments
received, including names and addresses, will 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 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).
Lori Nordstrom,
Assistant Regional Director, Ecological Services.
[FR Doc. 2022-02649 Filed 2-8-22; 8:45 am]
BILLING CODE 4333-15-P
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