[Federal Register Volume 81, Number 227 (Friday, November 25, 2016)]
[Notices]
[Pages 85250-85254]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28336]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[Docket No. FWS-R5-ES-2016-0135; FXES11120500000-167-FF05E00000]


Proposed Oil & Gas Coalition Multi-State Habitat Conservation 
Plan for Ohio, Pennsylvania, and West Virginia

AGENCY: Fish and Wildlife Service, Interior.

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

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[[Page 85251]]

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce our 
intent to prepare a draft environmental impact statement (EIS) for 
proposed issuance of an incidental take permit (ITP) under section 
10(a)(1)(B) of the Endangered Species Act (ESA) for the draft Oil & Gas 
Coalition Multi-State Habitat Conservation Plan (O&G HCP). The O&G HCP 
is being developed to streamline environmental permitting and 
compliance with the ESA for nine companies in conjunction with their 
respective midstream and upstream oil and gas exploration, production, 
and maintenance activities in Ohio, Pennsylvania, and West Virginia 
over a 50-year period. We announce a public scoping period during which 
we invite input regarding development of the draft EIS, which will 
evaluate the impacts to the human environment associated with issuance 
of an ITP and implementation of the O&G HCP, and alternatives. We will 
hold public informational meetings and request comments during this 
public scoping period.

DATES: Comment submission: We will accept comments received or 
postmarked on or before December 27, 2016. Comments submitted 
electronically using the Federal eRulemaking Portal (see ADDRESSES) 
must be received by 11:59 p.m. Eastern Time on the closing date.
    Public meetings: The Service will host five public information and 
scoping meetings, as well as an informational webinar. Information 
about the scoping meetings and webinar is provided below in 
SUPPLEMENTARY INFORMATION under Scoping Meetings and also on the 
Service's project Web page: www.fws.gov/northeast/ecologicalservices/hcp/oghcp.html. Please note that the scoping meetings will be hosted by 
the Service in an open house format from 5:00 to 7:00 p.m. Eastern 
Time, with a presentation provided from 6:00 to 6:30 p.m. Eastern Time.

ADDRESSES: You may submit written comments by one of the following 
methods:
    Electronically: Go to the Federal eRulemaking Portal Web site at: 
http://www.regulations.gov. In the Search box, enter FWS-R5-ES-2016-
0135, which is the docket number for this notice. Click on the 
appropriate link to locate this document and submit a comment.
    By hard copy: Submit by U.S. mail or hand-delivery to Public 
Comments Processing, Attn: FWS-R5-ES-2016-0135, Division of Policy, 
Performance, and Management Programs; U.S. Fish and Wildlife Service; 
5275 Leesburg Pike, ABHC-PPM; Falls Church, VA 22041-3803.
    At the scoping meetings: You will have the opportunity to submit 
comments either electronically or in hard copy format at five public 
scoping meetings. The addresses for the meetings are set forth below in 
SUPPLEMENTARY INFORMATION under Scoping Meetings. Comment forms and a 
computer station will be available for use at the meeting venues.
    We request that you send comments by only one of the methods 
described above. We will post all information received in the docket at 
http://www.regulations.gov. This generally means that we will post any 
personal information you provide us (see the Public Comments section 
below for more information).

FOR FURTHER INFORMATION CONTACT: Pamela R. Shellenberger, by mail at 
U.S. Fish and Wildlife Service, 110 Radnor Rd, Suite 101, State 
College, PA 16801, or by telephone at (814) 234-4090, extension 7459. 
If you use a telecommunications device for the deaf, please call the 
Federal Relay Service at (800) 877-8339.

SUPPLEMENTARY INFORMATION: The O&G HCP is being developed by a 
coalition of nine companies (collectively called ``the companies'') 
that individually conduct upstream and/or midstream oil and gas 
activities within the three-State plan area. The coalition members are: 
Antero Resources Corporation; Ascent Resources, LLC; Chesapeake Energy 
Corporation; EnLink Midstream L.P.; EQT Corporation; MarkWest Energy 
Partners, L.P., MPLX L.P., and Marathon Petroleum Corporation (all part 
of same corporate enterprise); Rice Energy, Inc.; Southwestern Energy 
Company; and The Williams Companies, Inc. The companies, which will be 
co-permittees, intend to seek ITP coverage because their respective oil 
and gas exploration, production, and maintenance activities have the 
potential to incidentally take species that are known to occur in the 
three-State plan area and that are protected by the Endangered Species 
Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.). Therefore, the 
companies' ITP application will include a draft HCP that addresses 
these activities. The companies have indicated that they intend to 
request ITP coverage for five bat species: The endangered Indiana bat 
(Myotis sodalis), the threatened northern long-eared bat (Myotis 
septentrionalis), the little brown bat (Myotis lucifugus), the eastern 
small-footed bat (Myotis leibii), and the tri-colored bat (Perimyotis 
subflavus).
    We publish this notice under the authority of the National 
Environmental Policy Act of 1969, as amended (NEPA; 42 U.S.C. 4231 et 
seq.), its implementing regulations in the Code of Federal Regulations 
at 40 CFR 1501.7, 1506.6, and 1508.22 and the Department of the 
Interior's NEPA implementing regulations at 43 CFR 46.235, and pursuant 
to section 10(c) of the ESA. We intend to prepare a draft EIS to 
evaluate the impacts to the human environment associated with the 
companies' anticipated permit application and draft O&G HCP and several 
alternatives. In advance of receiving the companies' ITP application, 
the Service is providing this notice to request information from other 
agencies, Tribes, and the public on the scope of the Service's review 
as well as issues to consider in the NEPA analysis. The primary purpose 
of the scoping process is to allow the public, Tribes, and other 
agencies to provide input to the Service for development of the draft 
EIS by identifying important issues and alternatives related to the 
Service's proposed action (issuance of an ITP based on the companies' 
anticipated application and draft O&G HCP).

Project Summary

    The companies' draft HCP is being prepared to streamline 
environmental permitting and compliance with the ESA in conjunction 
with their respective midstream and upstream oil and gas exploration, 
production, and maintenance activities in Ohio, Pennsylvania, and West 
Virginia. The geographic extent of the companies' activities within the 
three-State O&G HCP plan area over the requested 50-year permit term 
will in part be informed by predictive modeling.
    Midstream and upstream oil and gas exploration, production, and 
maintenance activities will potentially affect covered species (see 
Covered Species, below) in the plan area. A model of the proposed 
covered activities will be used to estimate potential impacts to the 
covered species by overlaying the predicted covered activity 
implementation (including the type and location of infrastructure 
build-out) on the covered species' habitats. The draft HCP will include 
measures to ensure that impacts from incidental take of covered species 
and impacts to those species' habitats associated with the covered 
activities (see Covered Activities, below) will be minimized and 
mitigated to the maximum extent practicable.

[[Page 85252]]

Background

    Section 9 of the ESA prohibits ``take'' of fish and wildlife 
species listed as endangered under section 4 (16 U.S.C. 1538, 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).
    Pursuant to section 10(a)(1)(B) of the ESA, the Secretary of the 
Interior may issue permits to authorize ``incidental take'' of listed 
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. Service regulations governing permits for endangered species 
and threatened species, respectively, appear at 50 CFR 17.22 and 17.32. 
Section 10(a)(2)(B) of the ESA contains provisions for issuing an ITP 
to a non-Federal entity for the take of endangered and threatened 
species, provided the following criteria are met:
     The taking will be incidental;
     The applicant will, to the maximum extent practicable, 
minimize and mitigate the impact of such taking;
     The applicant will develop an HCP and ensure that adequate 
funding for the plan will be provided;
     The taking will not appreciably reduce the likelihood of 
survival and recovery of the species in the wild; and
     The applicant will carry out any other measures that the 
Secretary may require as being necessary or appropriate for the 
purposes of the HCP.

Plan Area

    The companies' oil and gas development activities will be conducted 
within a three-State plan area of Ohio, Pennsylvania, and West 
Virginia. This plan area was developed to ensure that the natural 
resources that might be affected by covered activities can be 
adequately assessed at a regional scale and that sufficient mitigation 
opportunities are available. The companies intend that any resulting 
permit will cover their activities wherever they may occur within the 
three-State area, though the draft plan may identify a subset of that 
area where certain activities may or may not occur.

Covered Activities

    The companies intend to develop an HCP to address their oil and gas 
exploration, production, and maintenance activities that will occur in 
the plan area over a proposed 50-year ITP term. Their specific 
midstream and upstream oil and gas activities that are proposed for 
coverage in the HCP include the following:
     Upstream (Well) Development Activities:
    [ssquf] Development activities, including those associated with 
access roads, staging areas, and seismic operations, as well as 
geophysical exploration, which includes surveying/staking, land/tree 
clearing, explosives use, boring, and vehicle traffic.
    [ssquf] Well field development activities, including those 
associated with production wells, well pads, drilling rigs, pump/well 
heads, reserve pits, storage tanks, fuel tanks, water tanks, electric 
equipment, drilling pipe storage, water wells, waterlines, surface 
water intakes, disposal wells, water impoundments, borrow pits, reserve 
pits, electric distribution lines, and communication towers.
    [ssquf] Construction activities associated with well pads, 
ancillary features, and onsite components, including but not limited to 
surveying/staking; land/tree clearing; grading; stormwater and erosion 
and sediment control; wetland, stream, and sensitive area mitigation/
protection; trenching/boring; surface water pumping; spoil/debris 
placement; vegetation pile placement, vehicle traffic, drilling/well 
pad development and completion activities; and office, control, 
utility, storage, and maintenance structure construction or placement 
incidental to specific projects.
    [ssquf] Production and operations activities, including those 
related to access roads, production, gas flaring, vehicle traffic, 
post-construction stormwater management, maintenance of well pads and 
ancillary features and components (supporting infrastructure 
installation, repair and replacement, equipment upgrades, inspections 
and repairs, workovers and recompletions, minor amounts of soil 
disturbance, vegetation maintenance, road maintenance, etc.).
    [ssquf] Decommissioning and reclamation activities, including those 
associated with vehicle traffic, land/tree clearing, land excavation/
backfilling, vegetation restoration, and well plugging.
     Midstream (Pipeline) Development Activities
    [ssquf] Construction of gathering, transmission, and distribution 
pipelines and associated activities, including but not limited to 
access road construction, staging area establishment, pipe storage/
laydown area establishment, stream and water crossing construction, 
road boring, surveying/staking, land/tree clearing, stormwater and 
erosion and sediment control, grading, trenching/boring, stockpiling, 
pipeline assembly, trench backfilling, vehicle traffic, revegetation, 
and surface impact reclamation.
    [ssquf] Construction of surface features, including but not limited 
to access roads, staging areas, and storage yards; booster, compressor, 
and pump stations and related facilities; meter stations; mainline 
valves; pig launcher/receiver facilities; regular facilities; 
facilities to process, refine, stabilize, and store natural gas and/or 
other hydrocarbons; communication towers; electric distribution lines; 
electric substations; capacitor stations; transformer stations; office/
control/utility/storage/maintenance structures incidental to specific 
projects; parking areas; cathodic protection facilities; and storage 
tanks.
    [ssquf] Operation and maintenance of pipeline and surface 
facilities and related activities, including but not limited to vehicle 
traffic, equipment upgrades, inspections and repairs/replacements, leak 
detection, pigging, painting, minor amounts of soil disturbance, 
vegetation maintenance to preserve the right of way, road maintenance, 
and odor reduction.
    [ssquf] Installation of new culverts/ditches, gas flaring, blow 
downs, and hydrostatic testing and discharge.
    [ssquf] Decommissioning and reclamation of pipeline and surface 
facilities and related activities, including but not limited to vehicle 
traffic, land excavation/backfilling, and vegetative restoration.

Covered Species

    The companies intend to seek incidental take coverage for five 
species of bats: The Indiana bat, northern long-eared bat, little brown 
bat, eastern small-footed bat, and tri-colored bat. The Indiana bat is 
listed as an endangered species, and the northern long-eared bat is 
listed as threatened under the ESA. A rule issued under

[[Page 85253]]

section 4(d) of the ESA for northern long-eared bats (81 FR 1900, 
January 14, 2016) prohibits certain actions that do not include the 
incidental take of northern long-eared bats resulting from most 
otherwise lawful activities, including take due to the removal of 
habitat and disturbance from human activities, and intentional take 
caused by human activities in most areas. The companies anticipate that 
they may include northern long-eared bats in the O&G HCP, so that the 
species could be covered under the ITP should the section 4(d) rule be 
rescinded or amended or if the species were to be uplisted to 
endangered under the ESA during the permit term. The little brown bat, 
eastern small-footed bat, and tri-colored bat are included as covered 
species under the HCP so that the species are addressed in the event 
that any or all were to be listed under the ESA within the term of the 
proposed permit.

Permit Term

    The companies anticipate requesting a 50-year ITP term. Their 
reasoning for their request includes the following: Oil and gas 
infrastructure has a long production and economic life; the extensive 
oil and gas resources in the plan area are expected to be developed 
over the long term; preliminary information indicates that ongoing 
operations and maintenance and decommissioning may result in incidental 
take after facility construction; and facility construction schedules 
are responsive to dynamic market pressures. The Service will determine 
the permit term consistent with applicable legal requirements.

Environmental Impact Statement

    The 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 1508.8, we have determined 
that the proposed action (i.e., issuance of a section 10(a)(1)(B) 
permit (ITP) to the companies for implementation of the proposed O&G 
HCP) may have significant effects on the human environment. Therefore, 
before deciding whether to issue an ITP to the companies, the Service 
intends to prepare an EIS to analyze the impacts associated with that 
action and alternatives to it. We will first develop a draft EIS, which 
will be subject to public review, before finalizing the EIS and making 
a permit decision.
    The draft EIS will consider the impacts of the proposed action on 
the human environment. The draft EIS will also include analysis of a 
reasonable range of alternatives to the proposed action. Alternatives 
to be analyzed in the draft EIS may include, but are not limited to, 
measures such as: Variations in the permit term or permit structure; 
the quantity of take permitted; the amount, location, and/or type of 
conservation, monitoring, or mitigation provided in the O&G HCP; the 
scope of covered activities; or a combination of these factors. 
Additionally, a no-action alternative (i.e., no permit issuance) will 
be evaluated in the draft EIS.
    The draft EIS will identify and describe direct, indirect, and 
cumulative impacts on the human environment, which may include 
biological resources, land use, air quality, water quality, water 
resources, socioeconomics, climate, and other environmental resources 
that could occur with the implementation of the proposed action and 
alternatives. Following scoping for the draft EIS, and after receipt of 
the companies' permit application, including the proposed O&G HCP, the 
Service will publish a notice of availability, which will request 
comments on the application and on the Service's draft EIS.

Public Comments

    We request data, comments, information, and suggestions from the 
public, other concerned governmental agencies, the scientific 
community, Tribes, industry, and any other interested party regarding 
the scope of our NEPA analysis, and impacts to the human environment 
resulting from the proposed action and alternatives. We will consider 
these comments when developing the draft EIS. We particularly seek 
comments on the following:
    (1) Aspects of the human environment that warrant examination 
(e.g., biological resources, land use, air quality, water quality, 
water resources, socioeconomics, climate, and other environmental 
resources, etc.) and any baseline information that could inform the 
analyses.
    (2) Information concerning the range, distribution, population 
size, and population trends concerning the covered species in the plan 
area.
    (3) Additional biological information concerning the covered 
species or other federally listed species that occur in the plan area.
    (4) Direct, indirect, and/or cumulative impacts that implementation 
of the proposed action (i.e., covered activities) will have on the 
covered species or other federally listed species.
    (5) Information about measures that can be implemented to avoid, 
minimize, and mitigate impacts to the covered species.
    (6) Other possible alternatives to the proposed action that the 
Service should consider.
    (7) Whether there are connected, similar, or reasonably foreseeable 
cumulative actions (i.e., current or planned activities) and their 
potential impacts on covered species or other federally listed species 
in the plan area.
    (8) The presence of archaeological sites, buildings and structures, 
historic events, sacred and traditional areas, and other historic 
preservation concerns within the plan area that are required to be 
considered in project planning by the National Historic Preservation 
Act.
    (9) Any other environmental issues that should be considered with 
regard to the proposed HCP and potential permit issuance.
    You may submit your comments and materials by one of the methods 
listed in ADDRESSES.
    The Service will post all public comments and information received 
electronically or via hardcopy in the docket at: http://regulations.gov. All comments received, including names and addresses, 
will become part of the administrative record and will be available to 
the public. Before including your address, phone number, electronic 
mail address, or other personal identifying information in your 
comment, you should be aware that your entire comment--including your 
personal identifying information--will be publicly available. If you 
submit a hardcopy comment that includes personal identifying 
information, you may request at the top of your document that we 
withhold this information from public review. However, we cannot 
guarantee that we will be able to do so.

Scoping Meetings

    The purpose of the scoping meetings will be to provide the public 
with information regarding the anticipated application, draft HCP, and 
the Service's permitting process, and its associated environmental 
review. The Service will provide information on the scope of issues and 
alternatives that may be initially considered. The companies' HCP 
contractor will also be available to answer questions about the draft 
HCP under development. Written comments will be accepted at the 
meeting. Comments can also be submitted by methods listed in ADDRESSES. 
Once the draft EIS and draft HCP are complete and made available for 
review, there will be additional opportunity for public comment on the 
content of these

[[Page 85254]]

documents through an additional public comment period.
    The scoping meetings will be held from 5:00 to 7:00 p.m. Eastern 
Time at the following locations on the following dates:
    1. Chartiers Township Community Center (Banquet Room; 2013 
Community Center Drive, Houston, PA 15342) on Monday, December 12, 
2016.
    2. Southgate Hotel (Banquet Rooms 1 and 2; 2248 Southgate Parkway, 
Cambridge, OH 43725) on Tuesday, December 13, 2016.
    3. Beni Kedem Temple (Ballroom; 100 Quarrier Street, Charleston, WV 
25301) on Wednesday, December 14, 2016.
    4. Village Square Conference Center (Ballroom A; Rt. 19 South/1489 
Milford Street, Clarksburg, WV 26301) on Thursday, December 15, 2016.
    5. Genetti Hotel (Washington Room; 200 West Fourth Street, 
Williamsport, PA 17701) on Friday, December 16, 2016.
    The webinar will be held on Tuesday, December 20, 2016, at 6:00 
p.m. Eastern Time. Registration and log-in information for the webinar 
is available on the Service's project Web page: www.fws.gov/northeast/ecologicalservices/hcp/oghcp.html.
    Persons needing reasonable accommodations to attend and participate 
in the public meetings should contact Pam Shellenberger at 814-234-
4090, extension 7459, as soon as possible. To allow sufficient time to 
process requests, please call at least 1 week before the public 
meetings. Information regarding this proposed action is available in 
alternative formats upon request.

    Dated: November 15, 2016.
Paul Phifer,
Assistant Regional Director, Ecological Services, Northeast Region.
[FR Doc. 2016-28336 Filed 11-23-16; 8:45 am]
 BILLING CODE 4333-15-P