[Federal Register Volume 84, Number 249 (Monday, December 30, 2019)]
[Notices]
[Pages 71972-71975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-28112]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[Docket No. FWS-R3-ES-2019-0107; FXES11130300000-201-FF03E00000]


Draft Environmental Assessment and Draft Habitat Conservation 
Plan; Receipt of an Application for an Incidental Take Permit, Blue 
Creek Wind Farm, Van Wert and Paulding Counties, Ohio

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 Blue Creek Wind Farm, LLC (applicant), for an 
incidental take permit (ITP) under the Endangered Species Act of 1973, 
as amended, for its Blue Creek Wind Farm project. If approved, the ITP 
would authorize the incidental take of the Indiana bat and the northern 
long-eared bat. The applicant has prepared a draft habitat conservation 
plan (HCP), which is available for public review. We also announce the 
availability of a draft

[[Page 71973]]

environmental assessment, which has been prepared in accordance with 
the requirements of the National Environmental Policy Act. We request 
public comment on the application and associated documents.

DATES: We will accept comments received or postmarked on or before 
January 29, 2020.

ADDRESSES: Obtaining documents: Electronic copies of the documents this 
notice announces will be available online in Docket No. FWS-R3-ES-2019-
0107 at http://www.regulations.gov. Public comments will also be 
available online at http://www.regulations.gov.
    Paper copies of the documents this notice announces will be 
available at the following libraries: Brumback Library, 215 W. Main 
St., Van Wert, OH 45891; and Paulding County Carnegie Library, 205 S. 
Main St., Paulding, OH 45879.
    Submitting comments: Please specify whether your comment addresses 
the draft HCP, DEA, or any combination of the aforementioned documents, 
or other supporting documents. Please submit written comments by one of 
the following methods:
     Online: http://www.regulations.gov. Search for and submit 
comments on Docket No. FWS-R3-ES-2019-0107.
     By hard copy: Submit comments by U.S. mail or hand 
delivery to Public Comments Processing, Attn: Docket No. FWS-R3-ES-
2019-0107; U.S. Fish and Wildlife Service; 5275 Leesburg Pike, MS: JAO/
lN; Falls Church, VA 22041-3803.

FOR FURTHER INFORMATION CONTACT: Megan Seymour, Wildlife Biologist, or 
Patrice Ashfield, Ohio Ecological Services Office Project Leader, via 
phone at 614-416-8993, via the Federal Relay Service at 800-877-8339, 
or via U.S. mail at the U.S. Fish and Wildlife Service, Ohio Field 
Office, 4625 Morse Road, Suite 104, Columbus, OH 43230.

SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service 
(Service), have received an application from Blue Creek Wind Farm, LLC 
(applicant), for an incidental take permit (ITP) under the Endangered 
Species Act (ESA; 16 U.S.C. 1531 et seq.). If approved, the ITP would 
be for a 35-year period and would authorize incidental take of the 
endangered Indiana bat (Myotis sodalis) and the threatened northern 
long-eared bat (Myotis septentrionalis).
    The applicant has prepared a draft habitat conservation plan (HCP), 
which covers the operation of the Blue Creek Wind Farm (project). The 
project consists of a wind-powered electric generation facility located 
in an approximately 40,426-acre area in Paulding and Van Wert Counties, 
Ohio. The draft HCP describes the following:
    1. Permit duration;
    2. Covered lands;
    3. Covered species;
    4. Project description and covered activities;
    5. Environmental baseline and affected species;
    6. Impact assessment and take authorization request for Indiana 
bats and northern long-eared bats;
    7. Conservation plan, which includes the Biological Goals and 
Objectives, and measures to avoid, minimize, and mitigate the impact of 
the taking;
    8. Monitoring and adaptive management;
    9. Funding assurances;
    10. Alternatives to the taking; and
    11. Changed and unforeseen circumstances.
    Under the National Environmental Policy Act (NEPA; 43 U.S.C. 4321 
et seq.) and the ESA, the Service announces that we have gathered the 
information necessary to:
    1. Determine the impacts and formulate alternatives for an EA 
related to:
    a. Issuance of an ITP to the applicant for the take of the Indiana 
bat and the northern long-eared bat, and
    b. Implementation of the associated HCP; and
    2. Evaluate the application for ITP issuance, including the HCP, 
which provides measures to minimize and mitigate the effects of the 
proposed incidental take of the Indiana bat and the northern long-eared 
bat.

Background

    The Blue Creek project includes 152 operating 2.0-megawatt (MW) 
Gamesa G90 wind turbines with a total energy generating capacity of 304 
MW. The project achieved commercial operation in June 2012. The need 
for the proposed action (i.e., issuance of an ITP) is based on the 
potential that operation of the Blue Creek Wind Farm could result in 
take of Indiana bats and northern long-eared bats.
    The HCP provides a detailed conservation plan to ensure that the 
incidental take caused by the operation of the project will not 
appreciably reduce the likelihood of the survival and recovery of the 
Indiana bat and northern long-eared bat, and provides mitigation to 
fully offset the impact of the taking. Further, the HCP provides a 
long-term monitoring and adaptive management strategy to ensure that 
the ITP terms are satisfied, and to account for changed and unforeseen 
circumstances.

Purpose and Need for Action

    In accordance with NEPA, the Service has prepared a draft 
environmental assessment (DEA) to analyze the impacts to the human 
environment that would occur if the requested ITP were issued and the 
associated HCP were implemented.

Proposed Action

    Section 9 of the ESA prohibits the ``taking'' of threatened and 
endangered species. However, provided certain criteria are met, the 
Service is authorized to issue permits under section 10(a)(1)(B) of the 
ESA for take of federally listed species when, among other things, such 
a taking is incidental to, and not the purpose of, otherwise lawful 
activities. Under the ESA, the term ``take'' means to harass, harm, 
pursue, hunt, shoot, wound, kill, trap, capture, or collect endangered 
and threatened species, or to attempt to engage in any such conduct. 
Our implementing regulations in title 50 of the Code of Federal 
Regulations define ``harm'' as an act which actually kills or injures 
wildlife, and such act may include significant habitat modification or 
degradation that results in death or injury to listed species by 
significantly impairing essential behavioral patterns, including 
breeding, feeding, or sheltering (50 CFR 17.3).
    The HCP analyzes, and the ITP would authorize, take from killing of 
bats due to the operation of the Blue Creek project. If issued, the ITP 
would authorize incidental take consistent with the applicant's HCP and 
the ITP. To issue the ITP, the Service must find that the application, 
including its HCP, satisfies the criteria of section 10(a)(1)(B) of the 
ESA and the Service's implementing regulations at 50 CFR part 13 and 
Sec.  17.22. If the ITP is issued, the applicant would receive 
assurances under the Service's No Surprises policy, as codified at 50 
CFR 17.22(b)(5).
    The applicant proposes to operate a maximum of 152 wind turbines 
and associated facilities for a period of 35 years in Paulding and Van 
Wert Counties, Ohio. The project consists of wind turbines, associated 
gravel pads and access roads, underground and aboveground electrical 
collection circuits, two substations, two permanent un-guyed 
meteorological towers, and an Operations and Maintenance Facility 
consisting of an approximately 5,000-square-foot building.
    The draft HCP describes the impacts of take associated with the 
operation of the Blue Creek Wind Farm and includes measures to avoid, 
minimize, mitigate, and monitor the impacts of incidental

[[Page 71974]]

take on the Indiana bat and the northern long-eared bat. The applicant 
will mitigate for take and associated impacts through one or more 
methods including restoration, if necessary, and permanent protection 
of documented maternity colony habitat and/or swarming habitat, and/or 
gating of a hibernaculum within the State of Ohio. Habitat mitigation, 
including any restored habitat, will occur on private land and be 
permanently protected by a conservation easement, fee simple 
acquisition with deed restrictions, or another site protection 
instrument that provides an equivalent level of protection, and will be 
approved by the Service. Chapter 5 of the HCP describes the 
Conservation Plan, including details of avoidance and minimization 
measures and compensatory mitigation that will limit and mitigate for 
the take of Indiana bats and northern long-eared bats. Chapter 6 of the 
HCP describes Monitoring and Adaptive Management to ensure take stays 
within permitted levels and mitigation sites are maintained as suitable 
habitat for the Indiana bat and northern long-eared bat.
    The Service is soliciting information regarding the adequacy of the 
HCP to avoid, minimize, mitigate, and monitor the proposed incidental 
take of the covered species and to provide for adaptive management. In 
compliance with section 10(c) of the ESA (16 U.S.C. 1539(c)), the 
Service is making the ITP application materials available for public 
review and comment as described above.
    We invite comments and suggestions from all interested parties on 
the draft documents associated with the ITP application (HCP and HCP 
Appendices), and request that comments be as specific as possible. In 
particular, we request information and comments on the following 
topics:
    1. Whether adaptive management, mitigation, and monitoring 
provisions in the proposed action alternative are sufficient;
    2. Any threats to the Indiana bat and the northern long-eared bat 
that may influence their populations over the life of the ITP that are 
not addressed in the draft HCP or DEA;
    3. Any new information on white-nose syndrome effects on the 
Indiana bat and the northern long-eared bat; and
    4. Any other information pertinent to evaluating the effects of the 
proposed action on the Indiana bat and the northern long-eared bat.

Alternatives in the Draft EA

    The DEA contains an analysis of four alternatives: (1) No Action 
alternative, in which the Service would not issue a permit to the 
applicant, and the project turbines would be feathered until wind 
speeds reach 6.9 m/s from a half-hour before sunset to a half-hour 
after sunrise during the entirety of the fall migration season (August 
1 through October 31) and spring migration season (March 15 through May 
15), under which conditions take of listed species is unlikely to 
occur; (2) the Applicant's Proposed Project alternative in which the 
Service would issue an ITP to authorize incidental take of Covered 
Species associated with the project's operations as described in the 
applicant's HCP. In this alternative, the project turbines would be 
feathered until wind speeds reach 3.0 m/s during the spring migration 
season and summer (April 1 through July 31) from a half-hour before 
sunset to a half-hour after sunrise, and during the fall migration 
season (August 1 through October 15) project turbines would be 
feathered until wind speeds reach 5.0 m/s when temperatures are greater 
than 10 degrees Celsius ([deg]C), from a half-hour before sunset to a 
half-hour after sunrise. In this alternative, the applicant estimated 
take of Indiana and northern long-eared bats using an approach that 
addresses inherent uncertainty in take estimates by incorporating a 70 
percent confidence bound around the mean estimate, and a 30 percent 
reduction in take from application of the proposed cut-in speed regime. 
Under this alternative, 4.39 Indiana bats per year, for a total of 154 
Indiana bats over the 35-year permit term, and take of 2.96 northern 
long-eared bats per year, for a total of 103 northern long-eared bats 
over the 35-year permit term, would be permitted. To be consistent and 
comparable in our analysis of all NEPA alternatives, the Service used a 
simplified method to estimate take across this and all other 
alternatives, which generated a take estimate for this alternative of 
2.5 Indiana bats per year, for a total of 87.5 Indiana bats over the 
permit term, and take of 1.6 northern long-eared bats per year, for a 
total of 57.7 northern long-eared bats over the permit term; (3) More 
Restrictive Operations alternative, in which the Service would issue an 
ITP for the HCP, but turbine operations would be different than the 
Applicant's Proposed Project. All turbines would be feathered when the 
ambient temperature is above 10[deg]C based on a 5-minute rolling 
average from one half-hour before sunset to one half-hour after 
sunrise, during the spring migration season and summer (April 1 through 
July 31) up to 3.0 m/s, and during the fall migration season (August 1 
through October 15) up to 6.5 m/s. In this alternative, take of 1.4 
Indiana bats per year, for a total of 49 Indiana bats over the 35-year 
permit term, and take of 1 northern long-eared bat per year, for a 
total of 34.1 northern long-eared bats over the 35-year permit term, 
would be permitted; (4) Less Restrictive Operations alternative, in 
which the Service would issue an ITP for the HCP, but turbine 
operations would be different than the Applicant's Proposed Project. 
All turbines would be feathered when the ambient temperature is above 
10[deg]C based on a 5-minute rolling average from one half-hour before 
sunset to one half-hour after sunrise during the spring migration 
season and summer (April 1 through July 31) up to 3.0 m/s, and during 
the fall migration season (August 1 through October 15) up to 4.0 m/s. 
In this alternative, take of 2.6 Indiana bats per year, for a total of 
91 Indiana bats over the 35-year permit term, and take of 1.8 northern 
long-eared bats per year, for a total of 62.2 northern long-eared bats 
over the 35-year permit term, would be permitted. The quantity of 
mitigation needed to offset the impact of the taking and the level of 
effort of monitoring varies between the alternatives, although 
mitigation, monitoring, adaptive management, and funding assurances are 
components of all three action alternatives.
    The DEA considers the direct, indirect, and cumulative effects of 
the alternatives, including any measures intended to minimize and 
mitigate such impacts. The DEA also identifies additional alternatives 
that were considered but were eliminated from analysis as detailed in 
section 2.4 of the DEA.
    The Service invites comments and suggestions from all interested 
parties on the content of the DEA. In particular, information and 
comments regarding the following topics are requested:
    1. The direct, indirect, or cumulative effects that implementation 
of any alternative could have on the human environment;
    2. Whether or not the significance of the impact on various aspects 
of the human environment has been adequately analyzed; and
    3. Any other information pertinent to evaluating the effects of the 
proposed action on the human environment.

Public Comments

    You may submit your comments and materials related to the draft 
HCP, DEA, or other supporting documents by one of the methods listed in 
ADDRESSES. We request you send comments using only one of the methods 
described in ADDRESSES.

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    Comments and materials we receive, as well as documents associated 
with the notice, will be available for public inspection by 
appointment, during normal business hours, at the Ohio Ecological 
Services Field Office in Columbus, Ohio (see FOR FURTHER INFORMATION 
CONTACT). 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 
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.

Authority

    We provide this notice under section 10(c) of the ESA (16 
U.S.C.1539(c)) and its implementing regulations (50 CFR 17.22) and the 
NEPA (42 U.S.C. 4321 et seq.) and its implementing regulations (40 CFR 
1506.6; 43 CFR part 46).

Lori Nordstrom,
Assistant Regional Director.
[FR Doc. 2019-28112 Filed 12-27-19; 8:45 am]
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