[Federal Register Volume 83, Number 231 (Friday, November 30, 2018)]
[Notices]
[Pages 61664-61667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25969]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[Docket No. FWS-R1-ES-2018-0095; FXES11140100000-190-FF01E00000]


Draft Environmental Impact Statement and Draft Habitat 
Conservation Plan; Receipt of an Application for an Incidental Take 
Permit for Marbled Murrelets, Bald Eagles, and Golden Eagles; 
Skookumchuck Wind Energy Project, Lewis and Thurston Counties, 
Washington

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comments.

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SUMMARY: In accordance with the Endangered Species Act (ESA) and the 
National Environmental Policy Act, we, the U.S. Fish and Wildlife 
Service (Service), announce the availability of a draft habitat 
conservation plan (HCP) in support of an application from Skookumchuck 
Wind Energy Project, LLC, an affiliate of Renewable Energy Services 
(applicant), for an incidental take permit (ITP) for the marbled 
murrelet, listed as threatened under the ESA, and the bald eagle and 
golden eagle, both of which are protected under the Bald and Golden 
Eagle Protection Act. Incidental take is expected to result from the 
operation of 38 commercial wind turbines and associated infrastructure 
located near Centralia, Washington, in Lewis and Thurston Counties. 
Also available for review is the Service's draft environmental impact 
statement (DEIS), which was prepared in response to the application. We 
are seeking public comments on the draft HCP and DEIS.

DATES: We will accept hardcopy comments received or postmarked on or 
before January 14, 2019. Comments submitted online at https://www.regulations.gov/ (see ADDRESSES) must be received by 11:59 p.m. 
Eastern Time on January 14, 2019.
    Public Meetings: The Service will host two open house public 
meetings at the following times during the public comment and review 
period:
     Chehalis, WA: Wednesday, December 5, 2018, from 6 to 8 
p.m.
     Lacey, WA: Monday, December 10, 2018, from 6 to 8 p.m.

ADDRESSES: Obtaining Documents for Review: The documents this notice 
announces, as well as any comments and other material that we receive, 
will be available for public inspection online in Docket No. FWS-R1-ES-
2018-0095 at http://www.regulations.gov/.

[[Page 61665]]

    Submitting Comments: You may submit comments by one of the 
following methods:
     Online: http://www.regulations.gov. Follow instructions 
for submitting comments on Docket No. FWS-R1-ES-2018-0095.
     U.S. mail or hand-delivery: U.S. Fish and Wildlife 
Service, c/o Tim Romanski, 510 Desmond Dr. SE, Suite 102, Lacey, WA 
98503.
     Public meetings: You may also submit written comments 
during public meetings. The meetings will be held at the following 
locations:
     100 SW Veterans Way, Chehalis, WA 98532
     4220 6th Avenue SE, Room 194, Lacey, WA 98503
    We will post all comments on http://www.regulations.gov. This 
generally means that we will post online any personal information that 
you provide (see Public Availability of Comments under SUPPLEMENTARY 
INFORMATION). We request that you send comments by only the methods 
described above.
    Reviewing U.S. Environmental Protection Agency (EPA) comments on 
the draft HCP and DEIS: See EPA's Role in the EIS Process under 
SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Tim Romanski, by telephone at 360-753-
5823, or by email at [email protected]. Hearing or speech impaired 
individuals may call the Federal Relay Service at 800-877-8339 for TTY 
assistance.

SUPPLEMENTARY INFORMATION: The Service received an incidental take 
permit (ITP) application from the Skookumchuck Wind Energy Project, LLC 
(applicant) in accordance with the requirements of the Endangered 
Species Act, as amended (ESA; 16 U.S.C. 1531 et seq.). The applicant 
prepared a draft habitat conservation plan (HCP) in support of the ITP 
application and is seeking authorization for take of the marbled 
murrelet (Brachyamphus marmoratus), listed as threatened under the ESA, 
and the bald eagle (Haliaeetus leucocephalus) and golden eagle (Aquila 
chrysaetos), which are not listed species under the ESA but are 
protected by the Bald and Golden Eagle Protection Act (BGEPA; 16 U.S.C. 
668-668d). Hereafter, the marbled murrelet, bald eagle, and golden 
eagle are collectively referred to as the ``covered species.''
    The ITP, if issued, would authorize incidental take of the covered 
species that may occur as a result of the operation and maintenance of 
the 38 commercial wind turbines over the 30-year permit term. This 
includes, without limitation, ITP coverage for covered species 
colliding with both stationary and operating project structures during 
the permit term. In contrast, the applicant does not seek ITP coverage 
for the construction phase of the wind project, which would include, 
without limitation, constructing roads and turbine pads, and erecting 
wind turbines. Nor does the applicant seek ITP coverage for the 
facility-decommissioning phase of the project. The applicant 
anticipates undertaking phased construction over a 9- to 12-month 
period beginning in mid-2019.
    The draft HCP describes how impacts to covered species would be 
minimized and mitigated. The draft HCP also describes the covered 
species' life history and ecology, as well as biological goals and 
objectives of the HCP, the estimated take and its potential impact on 
covered species' populations, adaptive management, monitoring, and 
mitigation measures.
    The Service prepared a draft environmental impact statement (DEIS) 
in response to the ITP application in accordance with the requirements 
of the National Environmental Policy Act (NEPA; 42 U.S.C. 4321 et 
seq.). We are making the draft HCP and DEIS available for public review 
and comment.

Background

    Skookumchuck Wind Energy Project, LLC, intends to initiate 
construction of a wind turbine facility in 2019, and commence wind 
turbine operations as soon as possible. Detailed descriptions of the 
project are found in section 2.0 of the HCP. The majority of the wind 
project, including all of the 38 turbines, is located in Lewis County, 
Washington, with some supporting infrastructure located in Thurston 
County, Washington. The wind turbines are proposed to be constructed on 
a prominent ridgeline on the Weyerhaeuser Vail Tree Farm, approximately 
18 miles east of Centralia, Washington.
    The project consists of a maximum of 38 wind turbines, with an 
expected output of 137 megawatts (MW); a maximum wind turbine height of 
492 feet (from ground to vertical blade tip); a maximum rotor diameter 
of 446 feet; approximately 36.5 miles of existing roads that will be 
upgraded; approximately 3.9 miles of new road that will be constructed; 
17 miles of buried medium-voltage collection cable that will transport 
power to a substation along the ridgeline; and 15 miles of transmission 
line that will transport power to the Tono Substation.
    The applicant has proposed a conservation program to avoid, 
minimize, and mitigate for impacts to covered species. Avoidance and 
minimization measures to benefit the marbled murrelet include project 
design and planning efforts, and operational practices including 
seasonal curtailment of turbine blades, installation of transmission 
and distribution line flight diverters, shielding of artificial light 
sources, measures to reduce murrelet collisions with vehicles on the 
project site, and measures to prevent the artificial increase of 
potential nest predators in the project area. Mitigation measures 
intended to benefit the marbled murrelet include acquisition and 
management of conservation lands to promote the preservation and 
enhancement of suitable nesting habitat for the species, and funding 
the removal of abandoned or derelict fishing nets in the Salish Sea.
    Avoidance and minimization measures to benefit the bald eagle and 
the golden eagle include project design and planning efforts, a mammal 
carrion reporting program to reduce scavenging by eagles on the project 
site, efforts that minimize creating cover for prey animals such as 
rabbits to reduce eagle use near the wind project, and 2 years of 
IdentiFlight[supreg] technology testing intended to reduce eagle 
collisions with operating turbine blades. Mitigation measures intended 
to benefit bald eagles and golden eagles consist of retrofitting power 
poles to reduce probability of collision and electrocution.

Proposed Action

    We propose to issue a 30-year permit for incidental take of marbled 
murrelet, bald eagle, and golden eagle if the Skookumchuck Wind Energy 
Project HCP meets all section 10(a)(1)(B) permit issuance criteria and, 
with respect to bald eagles and golden eagles, all BGEPA permit 
issuance criteria identified in 50 CFR 22.26 . The permit would 
authorize take of each of the covered species incidental to the 
operation and maintenance of the wind energy project.

Endangered Species Act

    Section 9 of the ESA and its implementing regulations prohibit 
``take'' of fish and wildlife species listed as endangered. 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. 1538). Under section 10(a) of the ESA, 
the Service may issue permits to authorize

[[Page 61666]]

incidental take of 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. Section 
10(a)(1)(B) of the ESA contains provisions for issuing ITPs 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, to the maximum extent practicable, 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 
HCP.

Bald and Golden Eagle Protection Act

    Though the applicant is requesting incidental take for bald and 
golden eagles under section 10(a)(1)(B) of the ESA, consistency with 
the requirements of BGEPA (16 U.S.C. 668-668d) is also necessary. The 
BGEPA prohibits take of eagles where ``take'' is defined as ``pursue, 
shoot, shoot at, poison, wound, kill, capture, trap, collect, destroy, 
molest, or disturb'' and where ``disturb'' is further defined 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 (50 CFR 22.3).
    Under 50 CFR 22.26, the Service has the authority to authorize take 
of bald and golden eagles (generally, disturbance, injury, or killing) 
that occurs incidental to an otherwise lawful activity. For the Service 
to issue such a permit, the following required determinations must be 
met (see 50 CFR 22.26(f)):
    1. The taking will be compatible with the preservation of the bald 
or golden eagle (further defined by the Service to mean ``consistent 
with the goals of maintaining stable or increasing breeding populations 
in all eagle management units and the persistence of local populations 
throughout the geographic range of each species'');
    2. The taking will protect an interest in a particular locality;
    3. The taking will be associated with, but not the purpose of, the 
activity;
    4. The taking will be avoided and minimized by the applicant to the 
extent practicable;
    5. The applicant will have applied all appropriate and practical 
compensatory mitigation measures, when required pursuant to 50 CFR 
22.26(c);
    6. Issuance of the permit will not preclude issuance of another 
permit necessary to protect an interest of higher priority as set forth 
in 50 CFR 22.26(e)(7); and
    7. Issuance of the permit will not interfere with ongoing civil or 
criminal action concerning unpermitted past eagle take at the project.
    The Service can provide eagle take authorization through an ITP for 
an HCP, which confers take authorization under the BGEPA without the 
need for a separate permit, as long as the permit issuance criteria 
under both ESA and BGEPA will be met by the conservation measures 
included in the applicant's HCP. See 50 CFR 22.11(a).

National Environmental Policy Act

    In compliance with NEPA (42 U.S.C. 4321 et seq.), the Service 
prepared a DEIS, in which we analyze the proposed action and a 
reasonable range of alternatives to the proposed action. Four 
alternatives are analyzed in the DEIS.
     No-action Alternative (Options A and B): No permit would 
be issued, and the applicant's HCP would not be implemented. The No 
Action consists of two options: Option A--No Project Operations and 
Option B--No Project. Option A assumes the applicant would construct 
the project before the Service makes a final permit decision, but would 
not operate the project without an ITP. Option A is included in the 
DEIS because the Applicant informed the Service that it may initiate 
and complete construction before the Service makes a decision on the 
ITP application. Option B assumes that the applicant would not 
construct the project without an ITP. Under this option, nothing would 
change from current conditions and no impacts would result from the 
project.
     The Proposed Alternative: Issuance of the requested permit 
and implementation of the conservation program described in the 
applicant's HCP.
     Alternative 2: Under the Modified Project Site Design 
Alternative, the project would not operate the five wind turbine 
generators (WTGs) closest to documented marbled murrelet nest locations 
for the duration of the ITP. The Service would issue an ITP authorizing 
the level of incidental take expected to result from operation and 
maintenance of the remaining 33 WTGs.
     Alternative 3: Under the Enhanced Curtailment Alternative, 
all 38 WTGs would operate under an expanded set of curtailment measures 
intended to minimize the potential for take of the Covered Species. The 
Service would issue an ITP authorizing the level of incidental take 
expected to result from operation and maintenance of the project in 
accordance with the additional curtailment measures.
    The environmental consequences of each alternative were analyzed to 
determine if significant environmental impacts would occur.

EPA's Role in the EIS Process

    The EPA is charged with reviewing all Federal agencies' EISs and 
commenting on the adequacy and acceptability of the environmental 
impacts of proposed actions in EISs. Therefore, EPA is publishing a 
notice in the Federal Register announcing this EIS, as required under 
section 309 of the Clean Air Act. The publication date of EPA's notice 
of availability is the official beginning of the public comment period. 
EPA's notices are published on Fridays.
    EPA serves as the repository (EIS database) for EISs prepared by 
Federal agencies. All EISs must be filed with EPA. You may search for 
EPA comments on EISs, along with EISs themselves, at https://cdxnodengn.epa.gov/cdx-enepa-public/action/eis/search.

Public Comments

    You may submit your comments and materials by one of the methods in 
ADDRESSES. We will also accept written comments at the public meetings. 
We specifically request information on the following:
    1. The identification and evaluation of archaeological and historic 
resources that the proposed project may affect;
    2. The proposed adaptive management framework for marbled murrelets 
and for bald and golden eagles;
    3. Potential impacts to the human environment that may occur during 
the construction or decommissioning phases of the project (e.g., 
through collisions with construction equipment, stationary wind 
turbines, or associated infrastructure);
    4. Biological information and relevant data concerning the covered 
species and other wildlife;
    5. Information on bald eagle, golden eagle, and marbled murrelet 
collisions with both stationary and moving objects such as wind 
turbines in the terrestrial

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environment, particularly in a forested environment;
    6. Potential direct, indirect, and cumulative impacts that 
implementation of the proposed wind project and mitigation/minimization 
measures could have on the covered species; and other endangered or 
threatened species, and their associated ecological communities or 
habitats; and other aspects of the human environment;
    7. Whether there are additional connected, similar, or reasonably 
foreseeable cumulative actions and their possible impacts on the human 
environment including, without limitation, marbled murrelet, bald 
eagle, and golden eagle, which were not identified in the DEIS;
    8. Other possible reasonable alternatives to the proposed permit 
action that the Service should consider, including additional or 
alternative avoidance, minimization, and mitigation measures; and
    9. Other information relevant to the proposed wind project and 
impacts to the human environment.

Public Availability of Comments

    We will post on http://regulations.gov all public comments and 
information received electronically or via hardcopy. Written comments 
we receive become part of the administrative 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. 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.

Reasonable Accommodations

    Persons needing reasonable accommodations in order to attend and 
participate in the public meetings should contact the Service's 
Washington Fish and Wildlife Office, using one of the methods listed in 
ADDRESSES as soon as possible. In order to allow sufficient time to 
process requests, please make contact no later than one week before the 
public meetings. Information regarding this proposed action is 
available in alternative formats upon request.

    Authority: We provide this notice in accordance with the 
requirements of section 10 of the ESA (16 U.S.C. 1531 et seq.) and 
NEPA regulations (40 CFR 1501.7, 40 CFR 1506.5, 1506.6, and 
1508.22).

Katherine B. Hollar,
Acting Deputy Regional Director, Pacific Region, U.S. Fish and Wildlife 
Service.
[FR Doc. 2018-25969 Filed 11-29-18; 8:45 am]
BILLING CODE 4333-15-P