[Federal Register Volume 81, Number 222 (Thursday, November 17, 2016)]
[Notices]
[Pages 81151-81153]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27635]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R1-ES-2016-N185; FXES11120100000-167-FF01E00000]


Final Habitat Conservation Plan and Supplemental Final 
Environmental Impact Statement; Na Pua Makani Wind Energy Project, 
Oahu, Hawaii

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; notice of permit application; request 
for comments.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), received an 
incidental take permit application from Na Pua Makani Power Partners, 
LLC, pursuant to the Endangered Species Act of 1973, as amended (ESA). 
The requested permit would authorize the take of one threatened and six 
endangered species caused by covered activities associated with a wind 
energy generation project on the island of Oahu, Hawaii. The permit 
application included the proposed Na Pua Makani Wind Energy Project 
Habitat Conservation Plan (HCP), which described the activities that 
may result in the incidental taking of listed species, and the measures 
the applicant will take to minimize, mitigate, and monitor for adverse 
impacts to the covered species. The applicant modified the proposed 
action in the HCP in response to public comments and the modified HCP 
is available for public review pursuant to this notice. The Service 
also announces the availability of a Supplemental Final Environmental 
Impact Statement (SEIS) addressing the modified proposed action in 
accordance with the requirements of the National Environmental Policy 
Act of 1969 (NEPA). 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) over a 
21-year period. We are making the permit application package, including 
the modified HCP and SEIS, available for public review and comment.

DATES: To ensure consideration, written comments must be received from 
interested parties no later than December 19, 2016.
    The Service's decision on issuance of an ITP will occur no sooner 
than 30 days after the publication of the U.S. Environmental Protection 
Agency's notice of the SEIS in the Federal Register and will be 
documented in a Record of Decision (ROD). (For information about the 
EPA notice, see The Environmental Protection Agency's Role in the EIS 
Process under SUPPLEMENTARY INFORMATION.)

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 Wind Energy 
Project HCP.
     Internet: Documents may be viewed and downloaded on the 
Internet at http://www.fws.gov/pacificislands/.
     Email: [email protected].
     U.S. Mail: You may obtain a compact disk with electronic 
copies of these documents by writing to Mary Abrams, Field Supervisor; 
U.S. Fish and Wildlife Service; Pacific Islands Fish and Wildlife 
Office; 300 Ala Moana Boulevard, Room 3-122; Honolulu, HI 96850.
     Telephone: Call 808-792-9400 during regular business 
hours.

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

[[Page 81152]]


SUPPLEMENTARY INFORMATION: The Na Pua Makani Power Partners, LLC 
(applicant) a subsidiary of Champlin Hawaii Wind Holdings, LLC, is 
requesting an ITP for a 21-year permit term to authorize take of the 
threatened Newell's shearwater (Puffinus 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 sandvicensis), 
and Hawaiian hoary bat (Lasiurus cinereus semotus) that may occur as a 
result of the construction and operation of the project. Based on a 
public comment, the applicant modified its HCP to reduce the maximum 
number of wind turbines that could be built from ten to nine. The 
modified HCP also provides for an increase in the maximum size of those 
turbines to maintain the same generating capacity. The Service is 
providing an opportunity for the public to review and comment on this 
modified HCP. The Service has also prepared the SEIS and is providing 
an additional opportunity for public review and comment on the modified 
proposed action option (the refined Project design with fewer but 
larger wind turbines).

Background

    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 
proposed project, as modified, would have a generating capacity of up 
to approximately 25 megawatts (MW) and would supply wind-generated 
electricity to the Hawaii Electric Company. The project would consist 
of up to nine wind turbine generators (WTG), one permanent un-guyed 
lattice-frame meteorological tower, up to 4.9 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, each ranging from 427 feet to 656 feet in 
height, and having up to 3.3 MW of generating capacity. The applicant 
would select the most appropriate WTG models prior to construction. The 
SEIS analyzes whether there would be any different impacts to the 
covered species and other environmental resources from the modified 
proposed action.
    To offset anticipated take associated with construction and 
operation of the project over a period of 21 years, the applicant is 
proposing mitigation measures on Oahu that include: (1) Funding 
research to support effective 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 occupancy of the affected 
area by 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 Hawaiian duck.

National Environmental Policy Act Compliance

    The development of the HCP and the proposed issuance of an ITP 
under this plan are Federal actions that trigger the need for 
compliance with NEPA (42 U.S.C. 4321 et seq.). The DEIS included three 
alternatives: No-action (alternative 1), proposed action (alternative 
2), and a larger wind energy generation project alternative 
(alternative 3). The option of fewer but larger turbines was not 
considered in the DEIS. In response to a comment suggesting 
consideration of an alternative with fewer turbines, we included a 
modified proposed action in the FEIS as alternative 2a.
    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 proposed action alternative is construction and 
operation of the project, consisting of between 8 and 10 wind turbines, 
implementation of the HCP, and issuance of the ITP. In response to 
public comments on the draft EIS related to visual impacts and 
consideration of fewer turbines with larger generating capacities, a 
modified proposed action option with a reduced maximum number of 
turbines consisting of only nine turbines with larger generating 
capacities and taller dimensions was added to the final EIS. The 
modified proposed action option also includes implementation of the HCP 
and issuance of the ITP. 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 an HCP, and issuance of the ITP.
    In accordance with NEPA (40 CFR 1502.14(e)), the Service has 
identified the proposed action (alternative 2) including the modified 
proposed action option (alternative 2a) as the preferred alternative. 
Under NEPA, the ``agency's preferred alternative'' is a preliminary 
indication of the Federal responsible official's preference of action, 
which is chosen from among the alternatives analyzed in an EIS. It is 
the alternative which the agency believes would fulfill its statutory 
mission and responsibilities, giving consideration to economic, 
environmental, technical and other factors (43 CFR 46.420(d)). The 
preferred alternative is not a final agency decision; rather, it is an 
indication of the agency's preference. The final agency decision is 
presented in the Record of Decision.
    Based on input from the public, the Service has concluded that 
providing an additional opportunity for public review of the modified 
HCP and SEIS would further the purposes of the ESA and NEPA. The SEIS 
provides the public with an opportunity to review and comment on the 
effects of the Modified Proposed Action Alternative (the refined 
project design with fewer but larger wind turbines). Clarification on 
the following topics is also included in the SEIS:
     The effect of the modified proposed action option on 
estimates of incidental take of threatened and endangered species (see 
SEIS Section 4.11--Threatened and Endangered Species);
     Traffic and associated impacts along the Kahuku 
Agricultural Park Interior Roadway, accessing the DLNR portion of the 
wind farm site (see SEIS Section 4.17--Traffic); and
     Best available science regarding wind turbines and public 
health (see SEIS Section 4.18--Public Health and Safety).

The Environmental Protection Agency's Role in the EIS Process

    The Environmental Protection Agency (EPA) is charged under section 
309 of the Clean Air Act to review all Federal agencies' EISs and to 
comment on the adequacy and the acceptability of the environmental 
impacts of proposed actions described in the EISs.
    EPA also serves as the repository (EIS database) for EISs prepared 
by Federal agencies and provides notice of their availability in the 
Federal Register. The EIS database provides information about EISs 
prepared by Federal agencies, as well as EPA's comments concerning the 
EISs. All EISs are filed with EPA, which publishes a notice of 
availability on Fridays in the Federal Register.
    For more information, see http://www.epa.gov/compliance/nepa/eisdata.html. You may search for EPA comments on EISs, along with the 
EISs themselves, at https://

[[Page 81153]]

cdxnodengn.epa.gov/cdx-enepa-public/action/eis/search.

Public Involvement

    The draft EIS began as a joint document between the Service and The 
State of Hawaii's Department of Land and Natural Resources (DLNR). Due 
to differences in procedural requirements, the environmental process 
diverged after the draft EIS was published and the project incorporated 
the modified proposed action alternative.
    In May of 2013, the applicant began holding community meetings, 
small focus group meetings with stakeholders, and individual meetings 
with community leaders and legislators to discuss the proposed project 
and engage the public in the project's planning and design.
    On November 5, 2013, the Service published a notice of intent (NOI) 
to prepare a draft EIS in the Federal Register (78 FR 66377). The NOI 
also announced a public scoping period (November 5 to December 5, 
2013), during which we invited interested parties to provide written 
comments related to the proposal. A public scoping meeting was held in 
Kahuku, Hawaii, on November 13, 2013, in accordance with NEPA (40 CFR 
1501.7).
    Utilizing public scoping comments, we prepared a draft EIS to 
analyze the effects of project alternatives on the human environment. 
The Service published a notice of availability (NOA) of the draft EIS 
in the Federal Register on June 12, 2015 (80 FR 33535), opening a 60-
day public comment period. The Service also posted the Federal Register 
NOA, Notice of Public Scoping Meeting, draft HCP, draft EIS, and a news 
release on their Web site at http://www.fws.gov/pacificislands/. A 
public open-house meeting was held on June 23, 2015, in Kahuku, Hawaii, 
to solicit additional input from the public on the draft EIS and draft 
HCP. A total of 90 comment letters and emails were received from the 
public. The official comment period ended on August 11, 2015. The NOA 
of the final EIS and final HCP was published in the Federal Register by 
the Service on July 12, 2016 (81 FR 45174-45176), initiating a 30-day 
waiting period.
    The State of Hawaii's environmental impact statement preparation 
notice (EISPN) was distributed to interested parties for review between 
December 23, 2013, and January 23, 2014, and again between November 8 
and December 8, 2014 (republished to reflect the addition of a second 
access into the project site). During the initial public scoping period 
for the EISPN, three public scoping meetings were held at Kahuku 
Community Center: On November 13, 2013, January 10, 2014, and November 
19, 2014. In addition to the public meetings, a media advisory was sent 
out prior to each meeting. DLNR hosted a public hearing at the Kahuku 
Community Center on June 4, 2015. The draft EIS was published in the 
State of Hawaii Office of Environmental Quality Control's The 
Environmental Notice on June 8, 2015, in accordance with requirements 
set forth under the Hawaii Environmental Policy Act (HRS Sec.  343-3). 
Public comments were accepted during the 45-day State public comment 
period. On April 23, 2016, DLNR published a second draft EIS with an 
additional 45-day State public comment period to address the modified 
proposed action option. The Board of Land and Natural Resources 
published acceptance of the final EIS in The Environmental Notice on 
August 8, 2016, which initiated a 60-day legal challenge period that 
ended on October 8, 2016.

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.). We will evaluate whether the proposed permit action would comply 
with section 7 of the ESA by conducting an intra-Service section 7 
consultation on the proposed permit action. 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 incidental take 
permit. If the requirements are met, we will issue the permit to the 
applicant. We will issue a Record of Decision and issue or deny the 
permit no sooner than 30 days after publication of the U.S. 
Environmental Protection Agency's notice of availability of the SEIS.

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).

Theresa Rabot,
Deputy Regional Director, Pacific Region, U.S. Fish and Wildlife 
Service, Portland, Oregon.
[FR Doc. 2016-27635 Filed 11-16-16; 8:45 am]
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