[Federal Register Volume 82, Number 57 (Monday, March 27, 2017)]
[Notices]
[Pages 15232-15234]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05969]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R2-ES-2016-N212; FXES11140200000-178-FF02ENEH00]


Environmental Assessment and Habitat Conservation Plan; Heart of 
Texas Wind Project; McCulloch County, Texas

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; draft environmental assessment, draft 
habitat conservation plan, and permit application.

-----------------------------------------------------------------------

SUMMARY: Heart of Texas Wind, LLC (applicant), has applied to the U.S. 
Fish and Wildlife Service (Service) for an incidental take permit under 
the Endangered Species Act of 1973, as amended. If granted, the permit 
would be in effect for 30 years and would authorize incidental take of 
the black-capped vireo (covered species), a bird listed as endangered 
under the Act. The applicant has completed a draft HCP (dHCP) as part 
of the application package. The Service also announces the availability 
of a draft Environmental Assessment (dEA) that has been prepared to 
evaluate the permit application in accordance with the requirements of 
the National Environmental Policy Act. We are making the permit 
application package, including the dHCP, and dEA, available for public 
review and comment.

DATES: To ensure consideration, written comments must be received or 
postmarked on or before April 26, 2017.

ADDRESSES:

Reviewing the Draft Environmental Assessment and Draft Environmental 
Assessment

    You may obtain copies of the dEA and dHCP by going to the Service's 
Web site at http://www.fws.gov/southwest/es/AustinTexas/. 
Alternatively, you may

[[Page 15233]]

obtain CD-ROM copies of these documents by writing to the Field 
Supervisor, U.S. Fish and Wildlife Service, 10711 Burnet Road, Suite 
200, Austin, TX 78758; by calling (512) 490-0057; or by faxing (512) 
490-0974. A limited number of printed copies of the dEA and dHCP are 
also available, by request, from the Field Supervisor. Copies of the 
dEA and dHCP are also available for public inspection and review at the 
following locations (by appointment only at government offices):
     Department of the Interior, Natural Resources Library, 
1849 C St. NW., Washington, DC 20240.
     U.S. Fish and Wildlife Service, 500 Gold Avenue SW., Room 
4012, Albuquerque, NM 87102.
     U.S. Fish and Wildlife Service, 10711 Burnet Road, Suite 
200, Austin, TX 78758.

Reviewing the Incidental Take Permit Application

    Persons wishing to review the application may obtain a copy by 
writing to the Regional Director, U.S. Fish and Wildlife Service, P.O. 
Box 1306, Room 4012, Albuquerque, NM 87103.

Submitting Comments or Information

    To submit written comments, please use one of the following 
methods:
     Email: [email protected]. Please note that your 
request is in reference to the Heart of Texas Wind, LLC, HCP (TE-
13632C).
     Hard copy: Send your comments via U.S. mail to Mr. Adam 
Zerrenner, Austin Ecological Services Field Office, 10711 Burnet Road, 
Suite 200, Austin, TX 78758-4460; or via fax to 512-490-0974. Please 
note that your request is in reference to the Heart of Texas Wind, LLC, 
HCP (TE-13632C).

FOR FURTHER INFORMATION CONTACT: Mr. Adam Zerrenner, via U.S. mail at 
U.S. Fish and Wildlife Service, 10711 Burnet Road, Suite 200, Austin, 
TX 78758; or via phone at (512) 490-0057.

SUPPLEMENTARY INFORMATION: Heart of Texas Wind, LLC (HoT, applicant), 
has applied to the U.S. Fish and Wildlife Service (Service) for an 
incidental take permit (ITP, TE-13632C) under section 10(a)(1)(B) of 
the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.; 
Act). The requested permit, which would be in effect for a period of 30 
years, if granted, would authorize incidental take of the black-capped 
vireo (Vireo atricapilla) (BCVI, covered species), a bird species that 
is listed as endangered under the Act. Incidental take would be covered 
within 10,808 acres in McCulloch County, Texas, for construction of a 
wind energy facility. Covered activities include clearing for 
construction of turbine pads, access roads, underground medium voltage 
collection cables (MV collection cables), a substation, overhead high 
voltage transmission line, and other necessary infrastructure; 
installation of turbines and other infrastructure; ongoing operations 
and maintenance of the proposed project; and any activities necessary 
to manage habitat for the covered species that could temporarily result 
in incidental take. The applicant has completed a draft HCP (dHCP) as 
part of the application package. The Service also announces the 
availability of a draft Environmental Assessment (dEA) that has been 
prepared to evaluate the permit application in accordance with the 
requirements of the National Environmental Policy Act (42 U.S.C. 4321 
et seq.; NEPA). We are making the permit application package, including 
the dHCP, and dEA available for public review and comment.

Proposed Action

    The proposed action involves the issuance of an ITP by the Service 
for the covered activities in the permit area, pursuant to section 
10(a)(1)(B) of the Act. The ITP would cover ``take'' of the covered 
species associated with construction of a wind energy facility within 
the permit area. The requested term of the ITP is 30 years. To meet the 
requirements of a section 10(a)(1)(B) ITP, the applicant developed and 
proposes to implement their dHCP, which describes the conservation 
measures the applicant has agreed to undertake to minimize and mitigate 
for the impacts of the proposed incidental take of the covered species 
to the maximum extent practicable, and ensure that incidental take will 
not appreciably reduce the likelihood of the survival and recovery of 
these species in the wild.

Alternatives

    Two alternatives to the proposed action we are considering as part 
of this process are:
    1. No Action Alternative. Under the No Action Alternative, HoT 
would not seek, and the Service would not issue, an ITP. HoT could 
elect either not to proceed with construction of the proposed project 
or to proceed with construction without an ITP or an HCP. If 
construction occurs, the Service assumes that HoT would construct the 
proposed project in a manner that complies with the Act and avoids take 
of BCVI. No permanent conservation of BCVI habitat would occur.
    2. Preferred Alternative: Construction of the HoT wind energy 
facility under the HCP. This preferred alternative would involve 
issuance of the requested section 10(a)(1)(B) ITP contingent on the 
implementation of the Heart of Texas Wind Project HCP. The HCP includes 
the installation of up to 70 wind turbines, access roads, MV collection 
cables, substation, high-voltage transmission line, and other related 
infrastructure constructed within the project area. The covered 
activities will remove approximately 122.39 acres of occupied BCVI 
habitat within the plan area and indirectly affect an additional 602.62 
acres of BCVI habitat. The applicant has proposed to allow 91.86 acres 
of BCVI habitat to regenerate within the plan area. The applicant has 
proposed to mitigate by securing up to 454.23 acres of permanently 
conserved BCVI habitat. The HoT HCP incorporates actions to minimize 
and mitigate unavoidable incidental take and includes micro-siting, 
seasonal clearing restrictions, post-construction habitat restoration, 
contractor training, and mechanisms to adapt management strategies and 
respond to emergencies.

Section 9 of the Act and its implementing regulations prohibit ``take'' 
of fish and wildlife species listed as threatened or endangered under 
section 4 of the Act. However, section 10(a) of the Act authorizes us 
to issue permits to take listed wildlife species where such take is 
incidental to, and not the purpose of, otherwise lawful activities and 
where the applicant meets certain statutory requirements.

Public Availability of Comments

    Written comments we receive become part of the public record 
associated with this action. Before including your address, phone 
number, email address, or other personal identifying information in 
your comment, you should be aware that your entire comment--including 
your personal identifying information--may be made publicly available 
at any time. While you can request in your comment that we withhold 
your personal identifying information from public review, we cannot 
guarantee that we will be able to do so. We will not consider anonymous 
comments. 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.

Authority

    We provide this notice under section 10(c) of the Act and its 
implementing

[[Page 15234]]

regulations (50 CFR 17.22 and 17.32) and NEPA and its implementing 
regulations (40 CFR 1506.6).

Benjamin N. Tuggle,
Regional Director, Southwest Region, Albuquerque, New Mexico.
[FR Doc. 2017-05969 Filed 3-24-17; 8:45 am]
 BILLING CODE 4333-15-P