[Federal Register Volume 79, Number 12 (Friday, January 17, 2014)]
[Notices]
[Pages 3224-3225]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-00609]



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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R3-ES-2013-0032; FXES11120300000F2-134-FF03E00000]


Final Environmental Impact Statement, Habitat Conservation Plan, 
Implementing Agreement, and Programmatic Agreement, Fowler Ridge Wind 
Farm, Benton County, Indiana

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability

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SUMMARY: Under the National Environmental Policy Act (NEPA), the U.S. 
Fish and Wildlife Service (Service) is advising the public of the 
availability of the final Environmental Impact Statement (FEIS) 
associated with an application received from Fowler Ridge Wind Farm 
LLC, Fowler Ridge II Wind Farm LLC, Fowler Ridge III Wind Farm LLC, and 
Fowler Ridge IV Wind Farm LLC, collectively referred to as Fowler Ridge 
(applicant), for an incidental take permit (permit) pursuant to the 
Endangered Species Act of 1973, as amended (ESA). We also announce the 
availability of the final Fowler Ridge Wind Farm (FRWF; project) 
Habitat Conservation Plan (HCP), prepared in accordance with the ESA, 
and the availability of a final Programmatic Agreement (PA) to address 
the National Historic Preservation Act (NHPA) and its implementing 
regulations, ``Protection of Historic Properties.'' Fowler Ridge 
submitted the HCP, as well as a proposed Implementing Agreement (IA), 
as part of its incidental take permit application. If issued, the 
permit would authorize incidental take of the federally endangered 
Indiana bat (Myotis sodalis) from operation of Phases I-IV of the 
project. Fowler Ridge is requesting a 21-year permit term.
    The Service is furnishing this notice to allow other agencies and 
the public an opportunity to review these documents. For locations to 
review the documents, please see the Availability of Documents section 
below.

DATES: The Service's decision on issuance of the permit will occur no 
sooner than 30 days after the publication of the Environmental 
Protection Agency notice of the FEIS in the Federal Register and will 
be documented in a Record of Decision February 18, 2014.

ADDRESSES: Document availability:
     Internet: You may obtain copies of the documents on the 
Internet at http://www.regulations.gov [FWS-R3-ES-2013-0032] or http://www.fws.gov/midwest/endangered/permits/hcp/r3hcps.html.
     U.S. Mail: You can obtain an electronic copy of the 
documents by mail from the Ecological Services Office in the Midwest 
Regional Office (see FOR FURTHER INFORMATION CONTACT).
     In-Person: To view hard copies of the documents in person, 
go to the Ecological Services Office (8 a.m. to 4 p.m.) listed under 
FOR FURTHER INFORMATION CONTACT, or to one of the following libraries 
during normal business hours: Benton County Public Library, (765) 884 -
1720, 102 N. Van Buren Avenue, Fowler, IN 47944; or Otterbein Public 
Library (www.otterbeinpubliclibrary.org), (765) 583-2107, 23 E. 1st 
Street, Otterbein, IN 47970.

FOR FURTHER INFORMATION CONTACT: Scott Pruitt, Field Supervisor, 
Bloomington, Indiana, Ecological Services Field Office, U.S. Fish and 
Wildlife Service, 620 South Walker Street, Bloomington, IN 47403; 
telephone: (812) 334-4261, extension 214; or Rick Amidon, Fish and 
Wildlife Biologist, Ecological Services, Midwest Regional Office, U.S. 
Fish and Wildlife Service, 5600 American Blvd. West, Suite 990, 
Bloomington, MN 55437-1458; telephone: (612) 713-5164.

SUPPLEMENTARY INFORMATION: 

Background

    We have received an application from Fowler Ridge Wind Farm LLC, 
Fowler Ridge II Wind Farm LLC, Fowler Ridge III Wind Farm LLC, and 
Fowler Ridge IV Wind Farm LLC, collectively referred to as Fowler 
Ridge, for an incidental take permit (TE95012A) under the ESA (16 
U.S.C. 1531 et seq.). If approved, the permit would be for a 21-year 
period and would authorize incidental take of the endangered Indiana 
bat (Myotis sodalis).
    The applicant has prepared an HCP that covers the operation of 
Phases I-IV of the project. The project consists of a wind-powered 
electric generation facility located in an approximately 72,947-acre 
area (the project area including a one-half-mile buffer around the 
outside turbines) in Benton County, Indiana. The HCP describes the 
following: (1) Biological goals and objectives of the HCP; (2) covered 
activities; (3) permit duration; (4) project area; (5) alternatives to 
the taking that were considered; (5) public participation; (6) life 
history of the Indiana bat; (6) quantification of the take for which 
authorization is requested; (7) assessment of direct and indirect 
effects of the taking on the Indiana bat within the Midwest Recovery 
Unit (as delineated in the 2007 Indiana Bat Draft Recovery Plan, 
Service) and range-wide; (8) a conservation program consisting of 
avoidance and minimization measures, mitigation, monitoring, and 
adaptive management; (9) funding for implementation of the HCP; (10) 
procedures to deal with changed and unforeseen circumstances; and (11) 
methods for permit amendments.
    In addition to the HCP, the applicant has prepared an IA to 
document the responsibilities of the parties. Pursuant to the NHPA (16 
U.S.C. 470, 470f), the Service has initiated Section 106 consultation 
with the Indiana State Historic Preservation Office regarding the 
construction of turbines under Phase IV of the FRWF project and the 
implementation of mitigation projects in accordance with the terms of 
the HCP. Sites have not been selected for the Phase IV turbines or for 
any required mitigation. Therefore, future efforts will be required to 
identify archaeological sites that may be adversely affected by the 
construction of Phase IV turbines and implementation of mitigation. 
Following siting of the Phase IV turbines and location of mitigation 
sites, archaeological surveys will be conducted, with plans and reports 
submitted to the Indiana State Historic Preservation Office for review. 
The PA between the Service, Fowler Ridge, and the Indiana State 
Historic Preservation Office describes the process for conducting the 
surveys, evaluating the results of the surveys, and determining if 
resources can be avoided or if additional surveys or mitigation are 
necessary before the Section 106 process is completed. The final PA 
will be signed prior to issuance of the EIS Record of Decision. The 
Section 106 process will be completed and a memorandum of agreement 
signed prior to construction or mitigation beginning.

Public Involvement

    The Service formally initiated public scoping and an environmental 
review of the project through publication of a Notice of Intent to 
prepare an Environmental Impact Statement in the Federal Register on 
May 25, 2011 (76 FR 30384-30386). Utilizing the public scoping 
comments, the Service prepared a draft EIS to analyze the effects of 
the alternatives on the human environment. The draft EIS was released 
for a 60-day public comment on April 5, 2013 (78 FR 20690-20692). A 
public meeting was held on April 18, 2013, at the Benton County 
Government Annex, 410 South Adeway, Suite A, Fowler, IN to solicit 
additional input from the public on the

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HCP and Draft EIS. The official comment period ended on June 4, 2013.

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), NEPA 
(42 U.S.C. 4321 et seq.) and its implementing regulations (40 CFR 
1506.6; 43 CFR Part 46), and Section 106 of the NHPA (16 U.S.C. 470, 
470f) and its implementing regulations (36 CFR Part 800). We will 
evaluate the application, associated documents, and comments submitted 
to determine whether the application meets the requirements of section 
10(a) of the ESA. A permit decision will be made no sooner than 30 days 
after the publication of the EPA's FEIS notice in the Federal Register 
and completion of the Record of Decision. If we determine that all 
requirements are met, we will issue an incidental take permit under 
section 10(a)(1)(B) of the ESA to Fowler Ridge for take of the Indiana 
bat, incidental to otherwise lawful activities in accordance with the 
HCP, the IA, and the permit.

    Dated: February 11, 2013.
Lynn Lewis,
Assistant Regional Director, Ecological Services, Midwest Region.
[FR Doc. 2014-00609 Filed 1-16-14; 8:45 am]
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