[Federal Register Volume 78, Number 220 (Thursday, November 14, 2013)]
[Notices]
[Pages 68465-68466]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-27230]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R3-ES-2013-N199; FXES11120300000F2-234-FF03E00000]


NiSource, Inc.; Record of Decision, Habitat Conservation Plan, 
Environmental Impact Statement, and Permit Issuance

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability.

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    We, the U.S. Fish and Wildlife Service (Service), are advising the 
public of the availability of the Record of Decision (hereafter, 
``ROD'') on an Incidental Take Permit (hereafter, ``ITP'') issued 
pursuant to the Endangered Species Act of 1973, as amended (ESA). The 
ITP authorizes NiSource, Inc., to take 10 federally listed species over 
a 50-year period. For availability of the record of decision and 
associated documents, see ADDRESSES.

DATES: The ROD is available effective September 13, 2013.

ADDRESSES: Document availability: The ROD and other documents 
associated with the decision are available for review, subject to the 
requirements of the Privacy Act of 1974 (5 U.S.C. 552a.) and Freedom of 
Information Act, by any of the following methods:
     Internet: You may access an electronic copy of the ROD and 
related documents on the Internet at http://www.fws.gov/midwest/endangered/permits/hcp/r3hcps.html.
     U.S. Mail: You may obtain an electronic copy of the ROD, 
Final Environmental Impact Statement, and Multi-Species Habitat 
Conservation Plan on compact disk by submitting a request in writing to 
the U.S. Fish and Wildlife Service within 30 days of the date of 
publication of this notice; see FOR FURTHER INFORMATION CONTACT.
     In-Person: Printed copies of the documents are available 
for public inspection and review (by appointment only), at the office 
listed under FOR FURTHER INFORMATION CONTACT.

FOR FURTHER INFORMATION CONTACT: Thomas J. Magnuson, Regional HCP 
Coordinator, U.S. Fish and Wildlife Service, 5600 American Blvd. West, 
Suite 990, Bloomington, MN 55437-1458; 612-713-5467.

SUPPLEMENTARY INFORMATION: We are advising the public of the 
availability of the ROD associated with an ITP application received 
from NiSource, Inc., pursuant to the ESA. The ITP issued to NiSource 
authorizes the take of 10 federally listed species over a 50-year 
period.
    NiSource prepared a multi-species habitat conservation plan (MSHCP) 
to cover a suite of activities associated with operation, maintenance, 
and construction of their existing natural gas pipeline system in the 
States of Delaware, Indiana, Kentucky, Louisiana, Maryland, 
Mississippi, New Jersey, New York, North Carolina, Ohio, Pennsylvania, 
Tennessee, Virginia, and West Virginia.
    The Service was the lead Federal agency for review of the 
application and preparation of the Final Environmental Impact Statement 
(FEIS) for the proposed permit issuance. The Federal Energy Regulatory 
Commission (FERC), the U.S. Army Corps of Engineers (USACE), the U.S. 
Department of Agriculture (USDA) Forest Service (FS) Eastern Region and 
Southern Region, and the National Park Service (NPS) Southeast Region 
served as cooperating agencies. Availability of the FEIS was published 
in the Federal Register on June 7, 2013 (78 FR 34402), and June 14, 
2013 (78 FR 35928).

Background

    NiSource, Inc., headquartered in Merrillville, Indiana, is engaged 
in natural gas transmission, storage, and distribution, as well as 
electric generation, transmission, and distribution. NiSource, Inc.'s 
wholly owned pipeline subsidiaries, Columbia Gas Transmission, LLC; 
Columbia Gulf Transmission LLC; Crossroads Pipeline Company; Central 
Kentucky Transmission Company; and NiSource Gas Transmission and 
Storage Company (companies referred to collectively as ``NiSource''), 
are interstate natural gas companies whose primary operations are 
subject to the Natural Gas Act (15 U.S.C. 717) and fall under the 
jurisdiction of the Federal Energy Regulatory Commission (FERC) and the 
U.S. Department of Transportation (USDOT). NiSource applied for 
authorization under the ESA to take species in the course of engaging 
in otherwise lawful gas transmission and storage operations. An ITP 
application under the ESA requires submission of a Habitat Conservation 
Plan in conjunction with the application.
    On July 16, 2009, NiSource filed an application with the Service 
for a section 10(a)(1)(B) ITP for 10 ESA-listed species known to occur 
within NiSource's operating territory. These species include the 
Indiana bat (Myotis sodalis), bog turtle (Glyptemys muhlenbergii), 
Madison Cave isopod (Antrolana lira), clubshell mussel (Pleurobema 
clava), northern riffleshell mussel (Epioblasma torulosa rangiana), 
fanshell mussel (Cyprogenia stegaria), James spinymussel (Pleurobema 
collina), sheepnose mussel (Plethobasus cyphyus), Nashville crayfish 
(Orconectes shoupi), and American burying beetle (Nicrophorus 
americanus). The MSHCP was prepared to cover a 50-year timeframe.
    The Covered Land for the MSHCP and ITP includes 12 counties in 
Maryland, Ohio, Pennsylvania, and West Virginia, and a 1-mile-wide 
corridor associated with 15,562 miles of existing NiSource right-of-way 
within the 14 aforementioned States.
    The Covered Activities, or those NiSource activities that fall 
under the purview of the MSHCP, include a wide range of operation, 
maintenance, and new construction activities that are specific to 
NiSource's wholly owned pipeline subsidiaries and to the Covered Land 
specified in the MSHCP.
    The MSHCP evaluated 42 species that could potentially occur within 
the NiSource Covered Land, and that could potentially be impacted by 
NiSource Covered Activities. However, after analysis of the 42 species 
and the Covered Land, it was concluded that NiSource Covered Activities 
will not adversely impact 32 of the 42 species evaluated. Therefore, 
NiSource requested incidental take for the remaining 10 species, for 
which take could be minimized, but not avoided.
    In addition to the 42 species evaluated in the MSHCP, 47 additional 
ESA-listed, proposed, or candidate species are either known to occur or 
potentially occur within the NiSource Covered Land. Potential impacts 
to these species are discussed in the FEIS and in the Service's 
Biological Opinion.

NEPA Compliance

    Issuance of an ITP by the Service to NiSource is a Federal action 
that may affect the quality of the human environment and therefore is 
subject to

[[Page 68466]]

review under the National Environmental Policy Act (NEPA). To comply 
with the NEPA, the Service prepared an FEIS which analyzed potential 
impacts that could result from issuance of an ITP to NiSource and the 
subsequent implementation of their MSHCP. The ROD that is made 
available at this time announces the Service's decision to issue the 
ITP and is the final decision under the NEPA.

Public Involvement

    On October 11, 2007, the Service published a Notice of Intent (NOI) 
to prepare an EIS in the Federal Register (72 FR 57953), to solicit 
participation of Federal, State, and local agencies, Tribes, and the 
public to determine the scope of the EIS and provide input relative to 
issues associated with the proposed MSHCP project. In addition to the 
publication of the NOI, the scoping process included informal 
stakeholder and agency consultations, 13 public scoping meetings, and a 
mailing to approximately 1,300 known interested parties. Public scoping 
continued until December 8, 2007, and the Scoping Report is appended to 
the FEIS.
    In accordance with the NEPA, a draft EIS and MSHCP were circulated 
for public review and comment. The public review period was initiated 
with the publication of the Notice of Availability (NOA) in the Federal 
Register on July 13, 2011 (76 FR 41288), and the public comment period 
was extended for an additional 90 days (76 FR 63950). Three public 
meetings were announced in the NOA, and were held in Columbus, Ohio, on 
August 16, 2011; Lexington, Kentucky, on August 17, 2011; and 
Charleston, West Virginia, on August 18, 2011. The comment period 
closed on December 13, 2011. A variety of comments were received on the 
DEIS and associated MSHCP, and are available for request by the methods 
described under ADDRESSES. Responses to these comments are appended to 
the FEIS.
    Availability of the FEIS was announced in the Federal Register on 
June 7, 2013 (78 FR 34402), and June 14, 2013 (78 FR 35928). Comments 
received in response to the Notice of Availability of the FEIS are 
discussed in the ROD.

Authority

    We provide this notice under Section 10(c) of the ESA (16 U.S.C. 
1531, 1539(c)) and its implementing regulations (50 CFR 17.22 and 
17.32), and the NEPA (42 U.S.C. 4321 et seq.) and its implementing 
regulations (40 CFR 1506.6; 43 CFR Part 46). We evaluated the 
application, associated documents, and comments submitted to determine 
whether the application met the requirements of section 10(a)(1)(B) of 
the ESA. The Service has made its decision to issue an ITP to NiSource 
for the take of 10 species in accordance with their MSHCP and 
associated IA.

    Dated: November 6, 2013.
Lynn Lewis,
Assistant Regional Director, Ecological Services, Midwest Region.
[FR Doc. 2013-27230 Filed 11-13-13; 8:45 am]
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