[Federal Register Volume 80, Number 113 (Friday, June 12, 2015)]
[Notices]
[Pages 33535-33537]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-14194]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R1-ES-2015-N008; FXES11120100000-156-FF01E00000]


Draft Environmental Impact Statement and Draft Habitat 
Conservation Plan for the Na Pua Makani Wind Energy Project, Oahu, HI

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comments.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have 
received an application from Na Pua Makani Power Partners, LLC 
(applicant), for an incidental take permit (ITP) under the Endangered 
Species Act of 1973, as amended (ESA). The applicant is requesting an 
ITP to authorize take of one threatened and six endangered species 
(``covered species''). If issued, the ITP would authorize incidental 
take of the covered species that may occur as a result of the 
construction and operation of the Na Pua Makani Wind Energy Project 
(Project). The ITP application includes a draft Habitat Conservation 
Plan (HCP) describing the applicant's actions and the measures the 
applicant will implement to minimize, mitigate, and monitor incidental 
take of the covered species. The Service also announces the 
availability of a draft Environmental Impact Statement (EIS) that has 
been prepared in response to the permit application in accordance with 
requirements of the National Environmental Policy Act (NEPA). We are 
making the ITP application, including the draft HCP and the draft EIS, 
available for public review and comment.

DATES: To ensure consideration, please send your written comments by 
August 11, 2015.

ADDRESSES: To request further information or submit written comments, 
please use one of the following methods, and note that your information 
request or comments are in reference to the Na Pua Makani HCP, draft 
EIS, and the proposed issuance of the ITP:
     Internet: Documents may be viewed on the internet at 
http://www.fws.gov/pacificislands/.
     Email: [email protected]. Include ``Na Pua Makani HCP 
and draft EIS'' in the subject line of the message.
     U.S. Mail: Field Supervisor, U.S. Fish and Wildlife 
Service, Pacific Islands Fish and Wildlife Office, 300 Ala Moana 
Boulevard, Room 3-122, Honolulu, Hawaii 96850.
     Fax: 808-792-9581, Attn: Field Supervisor. Include ``Na 
Pua Makani HCP and draft EIS'' in the subject line of the message.
     In-Person Drop-off, Viewing, or Pickup: Comments and 
materials received will be available for public inspection, by 
appointment, during normal business hours at the U.S. Fish and Wildlife 
Service, Pacific Islands Fish and Wildlife Office, 300 Ala Moana 
Boulevard, Room 3-122, Honolulu, Hawaii 96850. Written comments can be 
dropped off during regular business hours at the above address on or 
before the closing date of the public comment period (see DATES).

FOR FURTHER INFORMATION CONTACT: Ms. Jodi Charrier (Renewable Energy 
Coordinator) or Mr. Aaron Nadig (Oahu, Kauai, American Samoa Geographic 
Deputy Field Supervisor), U.S. Fish and Wildlife Service (see ADDRESSES 
above); by telephone 808-792-9400; or by email at 
[email protected]. If you use a telecommunications device for the 
deaf, please call the Federal Information Relay Service at 800-877-
8339.

SUPPLEMENTARY INFORMATION: We have received an application from Na Pua 
Makani Power Partners, LLC (applicant), a subsidiary of Champlin Hawaii 
Wind Holdings, LLC, for an incidental take permit (ITP) under the ESA 
(16 U.S.C. 1531 et seq.). The applicant is requesting an ITP to 
authorize take of the threatened Newell's shearwater (Puffinus 
auricularis newelli), and the endangered Hawaiian stilt (Himantopus 
mexicanus knudseni), Hawaiian coot (Fulica americana alai), Hawaiian 
moorhen, (Gallinula chloropus sandvicensis), Hawaiian duck (Anas 
wyvilliana), Hawaiian goose (Branta

[[Page 33536]]

sandvicensis), and Hawaiian hoary bat (Lasiurus cinereus semotus) 
(collectively these seven species are hereafter referred to as the 
``covered species''). If issued, the ITP would authorize incidental 
take of the covered species that may occur as a result of the 
construction and operation of the Na Pua Makani Wind Energy Project 
(Project). The ITP application includes a draft Habitat Conservation 
Plan (HCP) describing the applicant's actions and the measures the 
applicant will implement to minimize, mitigate, and monitor incidental 
take of the covered species. The Service also announces the 
availability of a draft Environmental Impact Statement (EIS) that has 
been prepared in response to the permit application in accordance with 
requirements of the National Environmental Policy Act (NEPA). We are 
making the ITP application, including the draft HCP and the draft EIS, 
available for public review and comment.

Background

    Section 9 of the ESA prohibits take of fish and wildlife species 
listed as endangered or threatened under section 4 of the ESA. Under 
the ESA, 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 (16 U.S.C. 1532(19)). The term ``harm,'' as defined in our 
regulations, includes significant habitat modification or degradation 
that results in death or injury to listed species by significantly 
impairing essential behavioral patterns, including breeding, feeding, 
or sheltering (50 CFR 17.3). The term ``harass'' is defined in our 
regulations as to carry out actions that create the likelihood of 
injury to listed species 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).
    However, under specified circumstances, the Service may issue 
permits that authorize take of federally listed species, provided the 
take is incidental to, but not the purpose of, an otherwise lawful 
activity. Regulations governing permits for endangered and threatened 
species are at 50 CFR 17.22 and 17.32, respectively. Section 
10(a)(1)(B) of the ESA contains provisions for issuing such incidental 
take permits to non-Federal entities for the take of endangered and 
threatened species, provided the following criteria are met:
    (1) The taking will be incidental;
    (2) The applicant will prepare a conservation plan that, to the 
maximum extent practicable, identifies the steps the applicant will 
take to minimize and mitigate the impact of such taking;
    (3) The applicant will ensure 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 applicant will carry out any other measures that the 
Service may require as being necessary or appropriate for the purposes 
of the plan.

Proposed Action

    The applicant proposes to construct and operate the wind energy 
generation Project on approximately 707 acres of public and private 
lands near the town of Kahuku on the island of Oahu, Hawaii. The 
western portion of the Project would be located on about 254 acres of 
State of Hawaii lands managed by the Department of Land and Natural 
Resources (DLNR). The eastern portion of the Project would be located 
on about 452 acres of land owned by the Malaekahana Hui West, LLC. 
Additional parcels would be used to access the Project, for which the 
applicant would utilize temporary entry permits, licenses or easements.
    The proposed Project would have a generating capacity of up to 
approximately 25 megawatts (MW) and would supply wind-generated 
electricity to the Hawaii Electric Company (HECO). The Project would 
consist of up to 10 wind turbine generators (WTGs), 1 permanent un-
guyed lattice-frame meteorological tower, up to 5.5 miles of new and 
existing access roads, an operations and maintenance facility, 
electrical collection and interconnection infrastructure, an electrical 
substation, and a temporary laydown area. The applicant is considering 
a variety of WTG models ranging in height and generating capacity. 
Project WTGs could range in generating capacity from 1.7 MW models to 
3.3 MW, and the maximum blade tip height could range from 427 feet to 
512 feet above ground level. The applicant will select the most 
appropriate WTGs prior to construction.
    The proposed Project area is surrounded by agricultural farm lands 
to the north; residential housing, community infrastructure, and 
agricultural farm lands to the east; a mixture of agricultural farm 
lands and undeveloped forest lands to the south; and undeveloped forest 
lands to the west. The James Campbell National Wildlife Refuge is 
approximately 0.75 mile to the north, and the Malaekahana State 
Recreation Area is 0.1 mile to the east. The operational 30-MW Kahuku 
wind project abuts the proposed Project area to the northwest.
    The proposed Project is located on Oahu, where Hawaiian hoary bats 
are known to have collided with wind turbine structures at the existing 
30-MW Kahuku and 69-MW Kawailoa wind projects. The Hawaiian goose and 
Hawaiian hoary bat are also known to have collided with wind turbine 
structures at the existing 30-MW Kaheawa I and the 21-MW Kaheawa II 
wind projects on Maui. The Hawaiian hoary bat is also known to have 
collided with wind turbine structures at the existing the 21-MW Auwahi 
wind project on Maui. The Hawaiian goose occurs in the vicinity of the 
proposed Project and may collide with Project structures. Acoustic 
monitoring indicates that the Hawaii hoary bat flies in the area 
proposed for wind turbine development, and that this species may roost 
in the Project site. Although there have been no known occurrences of 
Newell's shearwaters, Hawaiian stilts, Hawaiian coots, Hawaiian 
moorhens, or Hawaiian ducks colliding with wind turbine structures 
within the State of Hawaii, these covered species may be affected by 
the applicant's activities associated with the construction and 
operation of the Project.
    The applicant has developed a draft HCP that addresses the 
incidental take of the seven covered species that may occur as a result 
of the construction and operation of the Project over a period of 21 
years. The draft HCP addresses proposed measures the applicant will 
implement to minimize, mitigate, and monitor incidental take of the 
covered species. The applicant has also applied for a State of Hawaii 
incidental take license under Hawaii State law.
    To offset anticipated take, the applicant is proposing mitigation 
measures on Oahu that include: (1) Funding research to support 
management of Newell's shearwaters; (2) fencing and predator control to 
conserve the Hawaiian goose at James Campbell National Wildlife Refuge; 
(3) a combination of bat research and native forest restoration and 
management to increase Hawaiian hoary bat habitat; (4) acoustic surveys 
to document the occupancy of the Hawaiian hoary bat; and (5) fencing 
and public outreach at Hamakua Marsh to benefit conservation of the 
Hawaiian stilt, Hawaiian coot, Hawaiian moorhen and the Hawaiian duck. 
This HCP incorporates adaptive management provisions to allow for 
modifications to the mitigation and monitoring measures as knowledge is 
gained during implementation of the HCP.

[[Page 33537]]

    The Service proposes to approve the HCP and to issue an ITP with a 
term of 21 years to the applicant for incidental take of the covered 
species caused by covered activities associated with the construction 
and operation of the Project, if permit issuance criteria are met.

National Environmental Policy Act Compliance

    The development of the draft HCP and the proposed issuance of an 
ITP under this plan is a Federal action that triggers the need for 
compliance with NEPA (42 U.S.C. 4321 et seq.). We have prepared a draft 
EIS to analyze the environmental impacts of three alternatives related 
to the issuance of the ITP and implementation of the conservation 
program under the proposed HCP. The three alternatives include the 
proposed action, a no-action alternative, and a larger wind energy 
generation project alternative.
    The proposed action alternative is construction and operation of 
the Project, implementation of the HCP, and issuance of the ITP.
    Under the no-action alternative, the proposed Project would not be 
constructed, the proposed HCP would not be implemented, and no ITP 
would be issued.
    The larger wind energy generation project alternative would include 
the construction and operation of a larger generation facility of up to 
42 MW. This alternative would consist of up to 12 WTGs, each with a 
generating capacity of up to 3.3 MW, implementation of a HCP, and 
issuance of the ITP.

Public Comments

    You may submit your comments and materials by one of the methods 
listed in the ADDRESSES section. We specifically request information, 
views, and opinions from the public on our proposed Federal action, 
including identification of any other aspects of the human environment 
not already identified in the draft EIS pursuant to NEPA regulations in 
the Code of Federal Regulations (CFR) at 40 CFR 1506.6. Further, we 
specifically solicit information regarding the adequacy of the Na Pua 
Makani Wind Energy Project pursuant to the requirements for ITPs at 50 
CFR parts 13 and 17.

Public Availability of Comments

    All comments and materials we receive become part of the public 
record associated with this action. Before including your address, 
phone number, email address, or other personally identifiable 
information in your comments, you should be aware that your entire 
comment--including your personally identifiable information--may be 
made publicly available at any time. While you can ask us in your 
comment to withhold your personally identifiable 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. Comments and materials we receive, as well as supporting 
documentation we use in preparing the EIS, will be available for public 
inspection by appointment, during normal business hours, at our Pacific 
Islands Field Office (see ADDRESSES).

Next Steps

    We will evaluate the permit application, associated documents, and 
public comments in reaching a final decision on whether the application 
meets the requirements of section 10(a) of the ESA (16 U.S.C. 1531 et 
seq.). The HCP and EIS may change in response to public comments. We 
will prepare responses to public comments and publish a notice of 
availability of the final HCP and final EIS. We will also evaluate 
whether the proposed permit action would comply with section 7 of the 
ESA by conducting an intra-Service section 7 consultation. We will use 
the results of this consultation, in combination with the above 
findings, in our final analysis to determine whether or not to issue an 
ITP. If the requirements are met, we will issue the ITP to the 
applicant. We will issue a record of decision and issue or deny the ITP 
no sooner than 30 days after publication of the notice of availability 
of the final EIS.

Authority

    We provide this notice in accordance with the requirements of 
section 10(c) of the ESA and its implementing regulations (50 CFR 17.22 
and 17.32) and NEPA and its implementing regulations (40 CFR 1506.6).

Richard Hannan,
Deputy Regional Director, Pacific Region, U.S. Fish and Wildlife 
Service, Portland, Oregon.
[FR Doc. 2015-14194 Filed 6-11-15; 8:45 am]
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