[Federal Register Volume 84, Number 204 (Tuesday, October 22, 2019)]
[Notices]
[Pages 56469-56471]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23022]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R2-ES-2019-N137; FXES11140200000-201-FF02ENEH00]


Draft Environmental Assessment for an Application for an 
Incidental Take Permit; Diamond Spring Wind Project Habitat 
Conservation Plan for the Endangered American Burying Beetle in 
Pontotoc and Johnston Counties, Oklahoma

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comments.

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SUMMARY: We, the U.S. Fish and Wildlife Service, have received an 
application from Diamond Spring Wind, LLC for an ITP pursuant to the 
Endangered Species Act. The application includes habitat conservation 
plan (HCP) for the American burying beetle (ABB) in Pontotoc and 
Johnston Counties, Oklahoma. The HCP and associated incidental take 
permit (ITP) would authorize incidental take resulting from activities 
covered by the HCP (e.g., construction, infrastructure, maintenance and 
habitat restoration). We also announce the availability of a draft 
environmental assessment (dEA) that has been prepared to evaluate the 
ITP application in accordance with the requirements of the National 
Environmental Policy Act. We are making the permit application package, 
including the HCP and dEA, available for public review and comment.

DATES: Submission of Comments: We will accept comments received or 
postmarked on or before November 21, 2019.

ADDRESSES: Obtaining documents: The documents this notice announces, as 
well as any comments and other materials that we receive, are available 
for public inspection by any of the following means.

[[Page 56470]]

     Internet: You may obtain electronic copies of the dEA and 
HCP on the Service's website at http://www.fws.gov/southwest/es/oklahoma/.
     In-Person: Copies of the DEA and HCP are available for 
public inspection and review, by appointment (telephone 918-581-7458) 
and written request only, between the hours of 8 a.m. to 4:30 p.m. at 
the following locations:
    [rtarr8] U.S. Fish and Wildlife Service, 500 Gold Avenue SW, Room 
6034, Albuquerque, NM 87103
    [rtarr8] U.S. Fish and Wildlife Service, 9014 East 21st Street, 
Tulsa, OK 74129.
    Submitting comments: You may submit written comments by one of the 
following methods:
     Email: [email protected]; or
     Facsimile: 918-581-7467, Attn: OKES Diamond Spring Wind 
HCP EA.
     U.S. mail: Field Supervisor, Oklahoma Ecological Services 
Field Office (at the Tulsa street address above).
    Please specify that your information request or comments concern 
the Diamond Spring Wind EA/HCP.

FOR FURTHER INFORMATION CONTACT: Jonna Polk, by U.S. mail at the U.S. 
Fish and Wildlife Service, Oklahoma Ecological Services Field Office 
(at the Tulsa street address above), or by phone at 918-581-7458. If 
you use a telecommunications device for the deaf (TDD), please call the 
Federal Information Relay Service at 800-877-8339.

SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service 
(Service), have received an application from Diamond Spring Wind, LLC 
for an incidental take permit (ITP) pursuant to section 10(c) of the 
Endangered Species Act, as amended (ESA; 16 U.S.C. 1539(c)). The 
application includes a habitat conservation plan (HCP) for the American 
burying beetle (ABB) in Pontotoc and Johnston Counties, Oklahoma. 
Diamond Spring Wind, LLC is developing the Diamond Spring Wind project 
in Pontotoc and Johnston Counties, Oklahoma. The ITP would authorize 
incidental take of ABB resulting from activities associated with 
construction of approximately 137 wind turbines (i.e., 112 primary and 
25 alternate turbine locations); associated infrastructure facilities, 
including roads, underground collector lines, meteorological towers, a 
substation, a 345-kV transmission line, crane paths, and/or 
maintenance; and habitat restoration activities. We also announce 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, as amended 
(NEPA; 42 U.S.C. 4321 et seq.), and its implementing regulations (40 
CFR 1501.7, 1506.6, and 1508.22). We are making the ITP application 
package, including the HCP and dEA, available for public review and 
comment.

Background

    Section 9 of the ESA prohibits ``take'' of fish and wildlife 
species listed as endangered or threatened (16 U.S.C. 1531-1544). Under 
section 3 of the ESA, the term ``take'' means to harass, harm, pursue, 
hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to 
engage in any such conduct (16 U.S.C. 1532(19)). The term ``harm'' is 
further defined by regulation as an act which actually kills or injures 
wildlife. Such acts 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).
    Under section 10(a)(1)(B) of the ESA, the Secretary of the Interior 
may authorize the taking of federally listed species if such taking 
occurs incidental to otherwise legal activities and where a 
conservation plan has been developed under ESA section 10(a)(2)(A) that 
describes (1) the impact that will likely result from such taking; (2) 
the steps an applicant will take to minimize and mitigate that take to 
the maximum extent practicable, and the funding that will be available 
to implement such steps; (3) the alternative actions to such taking 
that an applicant considered and the reasons why such alternatives are 
not being utilized; and (4) other measures that the Service may require 
as being necessary or appropriate for the purposes of the plan. 
Issuance criteria under section 10(a)(2)(B) for an incidental take 
permit requires the Service to find that (1) the taking will be 
incidental to otherwise lawful activities; (2) an applicant will, to 
the maximum extent practicable, minimize and mitigate the impacts of 
such taking; (3) an applicant has ensured 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 measures, if any, we require as necessary or appropriate for 
the purposes of the plan will be met. Regulations governing permits for 
endangered and threatened species are at 50 CFR 17.22 and 17.32, 
respectively.

Proposed Action

    The proposed action is the issuance of a 5-year ITP to authorize 
incidental take of ABB resulting from activities covered by the HCP and 
associated with construction of the proposed Diamond Spring Wind 
project in Johnston and Pontotoc Counties, Oklahoma. The plan area is 
930.4 acres (ac), of which 568.74 ac are considered favorable ABB 
habitat and 361.67 ac are considered unfavorable ABB habitat.
    The proposed HCP, which must meet the requirements in section 
10(a)(2)(A) of the ESA, was developed in coordination with the Service 
and would be implemented by Diamond Spring Wind, LLC. The proposed 
action will allow for Diamond Spring Wind, LLC to comply with the ESA, 
and their renewable wind-generated energy would be made available to 
public utilities. Covered activities in the HCP include construction of 
approximately 137 wind turbines (including 112 primary and 25 alternate 
turbine locations); associated infrastructure facilities, including 
roads, underground collector lines, meteorological towers, a 
substation, a 345-kV transmission line, an operation and maintenance 
building, and construction areas; and habitat restoration activities. 
The applicant proposes to minimize and mitigate impacts to ABB through 
conservation measures identified in the HCP, as well as through the 
purchase of 177.92 credits (ac) at a Service-approved conservation bank 
with a service territory that includes the plan area, or through the 
undertaking of other measures approved by the Service consistent with 
existing mitigation policies.

Alternatives

    We considered one alternative to the proposed action as part of the 
environmental assessment process: The no-action alternative. The no-
action alternative represents estimated future conditions without the 
application for, or issuance of, an ITP. No-action represents the 
status quo.
    Under the no-action alternative, Diamond Spring Wind, LLC would 
comply with the ESA by avoiding impacts (take) to the ABB where 
practicable. If take could not be avoided and there is Federal 
involvement in the project (for example, a Federal permit such as a 
Corps of Engineers section 404 Clean Water Act permit, authorization, 
or funding exists), Diamond Spring Wind, LLC could receive take 
coverage through a biological opinion issued by the Service to the 
Federal action agency. If there is no Federal involvement in the 
project, Diamond Spring Wind, LLC could apply for an ITP from the 
Service.

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Next Steps

    We will evaluate the permit application, associated documents, and 
comments we receive to determine whether the permit application meets 
the requirements of the ESA, NEPA, and implementing regulations. If we 
determine all requirements are met, we will approve the HCP and issue 
the ITP under section 10(a)(1)(B) of the ESA to Diamond Spring Wind, 
LLC for take of ABB in accordance with the terms of the HCP and 
specific terms and conditions of the authorizing permit. We will not 
make our final decision until after the end of the 30-day public 
comment period, and we will fully consider all comments we receive 
during the public comment period.

Public Availability of Comments

    Written comments we receive become part of the public record 
associated with this action. Requests for copies of comments will be 
handled in accordance with the Freedom of Information Act, NEPA, and 
Service and Department of the Interior policies and procedures. Before 
including your address, phone number, email address, or other personal 
identifying information in your comment, you should be aware that the 
entire comment--including your personal identifying information--may 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. 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 the authority of section 10(c) of the 
ESA and its implementing regulations (50 CFR 17.22 and 17.32) and NEPA 
(42 U.S.C 4371 et seq.) and its implementing regulations (40 CFR 
1506.6).

    Dated: October 10, 2019.
Amy Lueders,
Regional Director, Southwest Region.
[FR Doc. 2019-23022 Filed 10-21-19; 8:45 am]
 BILLING CODE 4333-15-P