[Federal Register Volume 81, Number 82 (Thursday, April 28, 2016)]
[Notices]
[Pages 25414-25417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-09945]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R3-ES-2016-N046; FVES59420300000F2 14X FF03E00000]


MidAmerican Wind Energy Habitat Conservation Plan; Draft 
Environmental Impact Statement

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of intent to prepare an environmental impact statement; 
notice of scoping meetings; and request for comments.

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SUMMARY: Pursuant to the National Environmental Policy Act of 1969, as 
amended (NEPA), we are advising the public that we intend to prepare an 
environmental impact statement (EIS) on a proposed Endangered Species 
Act (ESA) incidental take permit (ITP) application from MidAmerican 
Energy

[[Page 25415]]

Company (MEC) for the federally endangered Indiana bat, the federally 
threatened northern long-eared bat, the little brown bat, and the bald 
eagle. We are also announcing the initiation of a public scoping 
process to engage Federal, Tribal, State, and local governments; 
special interest groups; and the public in the identification of issues 
and concerns, potential impacts, and possible alternatives to the 
proposed action.
    MEC is currently operating (20) and constructing (2) wind energy 
facilities in the State of Iowa capable of generating more than 4,040 
megawatts (MW) of wind generation capacity, and expects to construct 
additional wind energy projects over the next 30 years. MEC is 
preparing a habitat conservation plan (HCP) in support of its ITP 
application for both MEC's existing facilities and facilities presently 
under construction.
    Construction, operation, maintenance, decommissioning, reclamation, 
and repowering of wind energy facilities, as well as activities 
associated with the management of mitigation land, have the potential 
to impact certain bat and bird species. Species to be covered in the 
MEC HCP include the federally listed endangered Indiana bat, the 
federally listed threatened northern long-eared bat, the unlisted 
little brown bat and the bald eagle, which is protected under the Eagle 
Act. As allowed under the Eagle Act, we anticipate extending Eagle Act 
take authorization for bald eagle through an ESA Section 10(a)(1)(B) 
permit associated with the HCP, provided MEC is in full compliance with 
the terms and conditions of the permit and Eagle Act.

DATES: Public scoping will begin with the publication of this NOI in 
the Federal Register and will continue through May 31, 2016. We will 
consider all comments on the scope of the EIS analysis that are 
received or postmarked by this date. Comments received or postmarked 
after this date will be considered to the extent practicable. We will 
conduct two public scoping meetings during the scoping period. The 
scoping meetings will provide the public with an opportunity to ask 
questions, discuss issues with Service and State staff regarding the 
EIS, and provide written comments.
     May 17, 2016--Council Bluffs Public Library, 400 Willow 
Avenue Council Bluffs, Iowa, 5:30 to 7 p.m.
     May 18, 2016--FFA Enrichment Center, 1055 SW Prairie Trail 
Parkway, Ankeny, Iowa, 5:30 to 7 p.m.
    In addition, we will host an online webinar on April 20, 2016 at 
1:00 p.m. Central Time. Additional information on the proposed action, 
including how to participate in the webinar, is provided on the 
Internet at: http://www.fws.gov/midwest/rockisland/te/index.html.

ADDRESSES: Send written comments via U.S. mail to the Field Supervisor, 
U.S. Fish and Wildlife Service, Rock Island Field Office, 1511 47th 
Avenue, Moline, Illinois 61265; by facsimile at 309-757-5807; or by 
electronic mail to [email protected].

FOR FURTHER INFORMATION CONTACT: Amber Schorg at 309-757-5800, 
extension 222 (telephone) or [email protected] (email). If you use a 
telecommunications device for the deaf, please call the Federal 
Information Relay Service at (800) 877-8339.

SUPPLEMENTARY INFORMATION:

Introduction

    Pursuant to the NEPA, 42 U.S.C. 4321 et seq., we advise the public 
that we intend to prepare an environmental impact statement (EIS) to 
evaluate impacts associated with several alternatives related to the 
potential issuance of ITPs to MEC (Service's proposed action). ITPs 
would be expected to cover the federally endangered Indiana bat (Myotis 
sodalis), the federally threatened northern long-eared bat (Myotis 
septentrionalis), the little brown bat (Myotis lucifugus), and the bald 
eagle (Haliaeetus leucocephalus). We are also announcing the initiation 
of a public scoping process to engage Federal, Tribal, State, and local 
governments, special interest groups, and the public in the 
identification of issues and concerns, potential impacts, and possible 
alternatives to our proposed action.
    Section 9 of the ESA prohibits ``take'' of fish and wildlife 
species listed as endangered under section 4 (16 U.S.C. 1538, and 1533, 
respectively). The ESA implementing regulations extend, under certain 
circumstances, the prohibition of take to threatened species (50 CFR 
17.31). Under section 3 of the ESA, the term ``take'' means to harass, 
harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or 
attempt to engage in any such conduct (16 U.S.C. 1532(19)). The term 
``harm'' is defined by regulation as an act which actually kills or 
injures wildlife. Such act may include significant habitat modification 
or degradation where it actually kills or injures wildlife by 
significantly impairing essential behavioral patterns, including 
breeding, feeding, or sheltering (50 CFR 17.3). The term ``harass'' is 
defined in the regulations 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 normal behavioral 
patterns which include, but are not limited to, breeding, feeding, or 
sheltering (50 CFR 17.3).
    Under section 10 of the ESA, the Service may issue permits to 
authorize incidental take of federally listed fish and wildlife 
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''. To obtain an ITP, an applicant must submit an HCP that 
specifies (1) the impact that will likely result from the taking; (2) 
what steps the applicant will take to monitor, minimize and mitigate 
the impacts, and the funding that will be available to implement such 
steps; (3) what alternative actions to the taking the applicant 
considered and the reasons why the alternatives are not being utilized; 
and (4) how the applicant will carry out any other measures that we may 
require as being necessary or appropriate for purposes of the HCP. 50 
CFR 17.22(b)(1)(iii); 50 CFR 17.32(b)(1)(iii)(C). If we find, after 
opportunity for public comment, with respect to the permit application 
and the related HCP that (1) the taking will be incidental; (2) the 
applicant will, to the maximum extent practicable, minimize and 
mitigate the impacts of such taking; (3) the applicant will ensure that 
adequate funding for the HCP will be provided, as well as procedures to 
deal with unforeseen circumstances; (4) the taking will not appreciably 
reduce the likelihood of the survival and recovery of the species in 
the wild; and (5) the measures, if any, required by us will be carried 
out; and we have received assurances that the plan will be implemented, 
then we will issue MEC the requested permit(s). 50 CFR 17.22, 
17.32(b)(2)(i).
    Eagles are protected under the Eagle Act, which prohibits take and 
disturbance of individuals and nests. ``Take'' under the Eagle Act 
includes any actions that pursue, shoot, shoot at, poison, wound, kill, 
capture, trap, collect, destroy, molest, and disturb eagles. 16 U.S.C. 
668c. ``Disturb'' is further defined in 50 CFR 22.3 as to agitate or 
bother a bald or golden eagle to a degree that causes, or is likely to 
cause, based on the best scientific information available, (1) injury 
to an eagle, (2) a decrease in its productivity, by substantially 
interfering with normal breeding, feeding, or sheltering behavior, or 
(3) nest abandonment, by substantially interfering with normal 
breeding, feeding, or sheltering behavior. Our regulations at 50 CFR 
22.11 allow Eagle Act take authorization to be extended to permittees 
authorized

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to take eagles by an ITP issued pursuant to section 10(a)(1)(B) of the 
ESA. Take coverage for bald eagles provided through an ITP applies for 
the duration of the permit, or until the amount or level of take 
authorized has been met, provided the permittee complies with all terms 
and conditions provided in the ITP.

Proposed MEC HCP

    The purpose of the HCP process and subsequent issuance of an ITP is 
to authorize the incidental take of threatened or endangered species 
and eagles, not to authorize the underlying activities that result in 
take. This process ensures that the effects of the authorized 
incidental take will be adequately minimized and mitigated to the 
maximum extent practicable.
    The MEC HCP will encompass land within the State of Iowa where MEC 
facilities currently exist, are presently under construction, and where 
MEC may develop future facilities. MEC currently has approximately 
4,050 megawatts (MW) of wind generation capacity installed or under 
construction and anticipates developing additional wind generation 
capacity over the requested 30-year term of their ITPs. Activities to 
be covered by the proposed HCP include those necessary to construct, 
operate, maintain and repair, decommission and reclaim, and repower 
utility-scale, multi-turbine wind energy projects within the State of 
Iowa. Covered activities also include development and management of 
mitigation lands and monitoring.
    The MEC HCP would potentially cover four species that are subject 
to injury or mortality at wind generation facilities, including two 
federally listed species and two unlisted species. The two federally 
listed species are the Indiana bat and the northern long-eared bat. The 
two unlisted species are the little brown bat and the bald eagle. 
Species may also be added or deleted as the MEC HCP is developed, based 
on further analysis, new information, agency consultation, and public 
involvement.

Environmental Impact Statement

    NEPA (42 U.S.C. 4321 et seq.) requires that Federal agencies 
conduct an environmental analysis of their proposed actions to 
determine if the actions may significantly affect the human 
environment. Based on 40 CFR 1508.27 and 40 CFR 1508.2, we have 
determined that implementation of the proposed MEC HCP may have 
significant impacts on the human environment. Therefore, before 
deciding whether to issue ITPs to MEC, we will prepare an EIS to 
analyze the environmental impacts associated with those actions. The 
EIS will also include an analysis of a reasonable range of alternatives 
to the proposed action. Alternatives considered in the EIS may include, 
but are not limited to, variations in the permit term or permit 
structure; the level of take allowed; the level, location, or type of 
conservation, monitoring, or mitigation provided in the MEC HCP; the 
scope of covered activities; the list of covered species; or a 
combination of these factors. Additionally, a no action alternative 
will be included.
    The EIS is intended to analyze and disclose potential environmental 
impacts that could result from the issuance of ITPs to MEC for its 
existing and future facilities in the State of Iowa, including 
subsequent implementation of its proposed HCP. For permitting decisions 
on existing facilities (20) and facilities presently under construction 
(2), the EIS will address potential environmental impacts at specific 
temporal and spatial scales. For permitting decisions on future 
facilities with uncertain temporal and/or spatial scales, the EIS will 
evaluate environmental impacts programmatically, and include a process 
for assessing the need for subsequent NEPA review on future permitting 
decisions. If we find that our initial NEPA review has sufficiently 
analyzed potential environmental impacts, we will rely upon the 
analysis provided in our initial NEPA review. On the other hand, if 
there is significant new information of relevance to the proposed 
action or its impacts, we may choose to supplement our NEPA review by 
developing separate, stand-alone environmental documents that make use 
of tiering and incorporation by reference.

Request for Information

    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 will consider these comments in developing the draft EIS. We 
also seek specific comments on:
    1. Biological information and relevant data concerning covered 
species;
    2. Additional information concerning the range, distribution, 
population size, and population trends of covered species;
    3. Direct, indirect, and cumulative impacts that implementation of 
the proposed covered activities could have on endangered, threatened, 
and other covered species, and their communities or habitats;
    4. Other possible alternatives to the proposed action that the 
Service should consider;
    5. Other current or planned activities in the subject area and 
their possible cumulative impacts on covered species;
    6. The presence of archaeological sites, buildings and structures, 
historic events, sacred and traditional areas, and other historic 
preservation concerns, which are required to be considered in project 
planning by the National Historic Preservation Act;
    7. Issues, questions, or concerns with developing an EIS which may 
be supplemented in the future to support additional ITP applications 
from MEC; and
    8. Identification of any other environmental issues that should be 
considered with regard to the proposed MEC HCP and permit action.

Public Availability of Comments

    You may submit your comments and materials by one of the methods 
listed above in the ADDRESSES section. Before including your address, 
phone number, or other personal identifying information in your 
comment, you should be aware that your entire comment--including your 
personal identifying information--might 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.
    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 the 
Services' Rock Island Field Office in Moline, Illinois. (see FOR 
FURTHER INFORMATION CONTACT).

Scoping Meetings

    See DATES for the date/s and time/s of our public scoping meetings. 
The primary purpose of these meetings and public comment period is to 
provide the public with a general understanding of the background of 
the proposed action and to solicit suggestions and information on the 
scope of issues and alternatives we should consider when drafting the 
EIS. Written comments will be accepted at the meetings. Comments can 
also be submitted by methods listed in the ADDRESSES section. Once the 
draft EIS and proposed MEC HCP are complete and made available for 
review, there will be additional opportunity for public comment on the 
content of those documents.

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    Persons needing reasonable accommodations in order to attend and 
participate in the public meetings should contact the Service using one 
of the methods listed above in ADDRESSES no later than one week before 
the public meeting. Information regarding this proposed action is 
available in alternative formats, upon request.

Authority

    We provide this notice under section 10 of the ESA (16 U.S.C. 1531 
et seq.), section 668a of the Eagle Act (16 U.S.C. 668a-668d), NEPA (42 
U.S.C. 4321 et seq.), and NEPA regulations (40 CFR 1501.7, 1506.5, 
1506.6 and 1508.22).

    Dated: April 11, 2016.
Lynn Lewis,
Assistant Regional Director, Ecological Services, Midwest Region.
[FR Doc. 2016-09945 Filed 4-27-16; 8:45 am]
 BILLING CODE 4333-15-P