[Federal Register Volume 85, Number 65 (Friday, April 3, 2020)]
[Notices]
[Pages 19014-19016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06977]


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

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R1-ES-2019-N084; FXES11140100000-190-FF01E00000]


Record of Decision for the Final Environmental Impact Statement 
for the Skookumchuck Wind Energy Project Habitat Conservation Plan, 
Lewis and Thurston Counties, Washington

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; record of decision.

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

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the 
availability of a record of decision (ROD) for the proposed issuance of 
an Endangered Species Act (ESA) permit for the Skookumchuck Wind Energy 
Project (project) and final habitat conservation plan (HCP). The ROD 
documents the Service's decision to issue an incidental take permit 
(ITP) to Skookumchuck Wind Energy Project, LLC (applicant). As 
summarized in the ROD, the Service has selected Alternative 1--the 
Proposed Action, which includes implementation of the HCP and issuance 
of the ITP authorizing incidental take of one threatened species listed 
under the ESA and two species protected under the Bald and Golden Eagle 
Protection Act (BGEPA) that may occur as a result of operation of the 
project over a 30-year period.

ADDRESSES: You may obtain copies of the ROD and other documents 
associated with the decision by the following methods.
     Internet: Documents may be viewed and downloaded on the 
internet at http://www.fws.gov/wafwo/.
     U.S. Mail: You may obtain a CD-ROM with electronic copies 
of these documents if you make a request within 30 days after the date 
of publication of this notice by writing to Curtis Tanner, U.S. Fish 
and Wildlife Service, Washington Fish and Wildlife Office, 510 Desmond 
Dr. SE, Suite 102, Lacey, WA 98503.

[[Page 19015]]

     Telephone: Call 360-753-4326 during regular business 
hours.

FOR FURTHER INFORMATION CONTACT: Curtis Tanner, by mail at U.S. Fish 
and Wildlife Service, Washington Fish and Wildlife Office (see 
ADDRESSES); by phone at 360-753-4326; or via email at 
[email protected]. Hearing or speech impaired individuals may call 
the Federal Relay Service at 800-877-8339 for TTY assistance.

SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service 
(Service), announce the availability of a record of decision (ROD) for 
the proposed issuance of an Endangered Species Act (ESA) section 
10(a)(1)(B) incidental take permit (ITP) to Skookumchuck Wind Energy 
Project, LLC (applicant) for the Skookumchuck Wind Energy Project 
(project) and final habitat conservation plan (HCP). The ROD documents 
the Service's decision to issue an ITP to the applicant. As summarized 
in the ROD, the Service has selected Alternative 1- the Proposed Action 
(described below), which includes implementation of the HCP and 
issuance of the ITP authorizing incidental take of the following 
covered species that may occur as a result of project operations during 
a 30-year period--the marbled murrelet (Brachyramphus marmoratus), 
which is a threatened species listed under the ESA, and the bald eagle 
(Haliaeetus leucocephalus) and the golden eagle (Aquila chrysaetos), 
which are not listed under the ESA but are protected under the Bald and 
Golden Eagle Protection Act (BGEPA).
    We are advising the public of the availability of the ROD, 
developed in compliance with the agency decision-making requirements of 
the National Environmental Policy Act of 1969, as amended (NEPA), as 
well as the final HCP as submitted by the applicant. All alternatives 
have been described in detail, evaluated, and analyzed in our draft 
environmental impact statement (DEIS) and final environmental impact 
statement (FEIS). Our notice of availability of the FEIS and HCP was 
published in the Federal Register on May 31, 2019 (84 FR 25299), with a 
minor correction published in the Federal Register on June 6, 2019 (84 
FR 26423).

Background

    The project site encompasses approximately 9,700 acres of 
forestlands in Thurston and Lewis Counties, Washington. The applicant 
intends to initiate turbine operations in 2019, or as soon as possible 
thereafter. A detailed description of the project is presented in 
chapter 2 of the HCP. The majority of the project, including all 38 
wind turbines, is located in Lewis County, Washington. Some supporting 
infrastructure is located in Thurston County, Washington. The wind 
energy generation facility is located on a prominent ridgeline on the 
Weyerhaeuser Company's Vail Tree Farm, located approximately 18 miles 
east of Centralia, Washington. The project is expected to produce an 
output of approximately 137 megawatts (MW) of electricity from 38 wind 
turbines, each of which is 492 feet tall (from ground to vertical blade 
tip), with rotor diameters of 446 feet. The turbine operating 
prescriptions presented in chapter 2 of the HCP include curtailment 
regimes and site management prescriptions.
    Pre-project monitoring identified the presence of each covered 
species in the project area. The applicant determined that adverse 
effects to each of the covered species are unavoidable, and developed 
the HCP to cover take of those species caused by project operations 
over a period of 30 years. The HCP details measures the applicant will 
implement to minimize, mitigate, and monitor the unavoidable incidental 
take of the covered species.
    Avoidance and minimization measures in the HCP to benefit the 
marbled murrelet include seasonal curtailment of turbine blades 
(turbine blades are fully stopped and feathered into the wind) and site 
management prescriptions to maintain transmission and distribution line 
flight diverters, shield artificial light sources, and minimize the 
artificial increase of potential nest predators in the project area. 
Mitigation measures in the HCP to benefit the marbled murrelet include 
acquisition and permanent 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 in which murrelets can become entangled and drown.
    Avoidance and minimization measures in the HCP to benefit the bald 
eagle and the golden eagle include site management prescriptions to 
remove carrion to reduce scavenging by eagles on the project site, 
minimize cover for prey animals such as rabbits to reduce prey-based 
attractions of eagles to the project site, and testing of eagle 
detection-based turbine curtailment technologies intended to reduce 
eagle collisions with operating turbine blades. If effective, the 
turbine curtailment triggered by automated eagle-detection will be 
implemented routinely. Mitigation measures in the HCP intended to 
benefit bald eagles and golden eagles consist of retrofitting power 
poles to reduce the occurrence of eagle collisions with power lines and 
electrocution. Eagles will also receive marginal benefit from the 
conservation lands in the form of nesting, roosting, and foraging 
habitat.

Purpose and Need

    The Service's purpose and need is to respond to the ITP application 
submitted by the applicant, and to approve, approve with conditions, or 
deny the ITP application. This assessment is complete, and was be made 
pursuant to the requirements of ESA section 10(a)(1)(B) and the BGEPA, 
and their respective implementing regulations. Any ITP issued by the 
Service must meet all applicable requirements of the ESA, BGEPA, and 
their implementing regulations.

Alternatives

    Our FEIS analyzed the environmental impacts of no action, and the 
following three action alternatives related to the issuance of the ITP 
and implementation of the HCP: (A) The Proposed Action (Alternative 1); 
(B) a modified site design for the Proposed Action (Alternative 2); and 
(C) an enhanced curtailment regime for the Proposed Action (Alternative 
3).
    No-Action Alternative: Under the No-Action Alternative (Options A 
and B), no permit would be issued, and the applicant's HCP would not be 
implemented. This alternative 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 FEIS because the applicant informed the 
Service that it may initiate and complete construction of the project 
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 on the human environment would result from the project.
    Alternative 1 (Proposed Action): Issuance of the requested permit 
and implementation of the conservation program described in the 
applicant's HCP. Alternative 1 is the Service's preferred alternative.
    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

[[Page 19016]]

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 and site management 
activities.
    Alternative 3: Under the Enhanced Curtailment Regime of the 
Proposed Action 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 
covered activities in accordance with the additional curtailment 
measures.
    The environmental consequences of each alternative were analyzed in 
the FEIS. The types of effects on covered species were similar across 
action alternatives, with take resulting from project operations being 
mitigated through land acquisition, derelict net removal, and power 
pole retrofits. Increasing the use of avoidance and minimization 
measures through different turbine curtailment regimes can reduce the 
amount of take of the covered species and the amount of renewable 
electricity produced; a commensurate reduction in the amount of 
derelict net removal and power pole retrofits are expected with 
alternatives that increase turbine curtailment.
    Public comments received in response to the DEIS were considered, 
and the FEIS reflects clarifications of the existing analysis to 
address public comments.
    The FEIS does not identify an environmentally preferred 
alternative. Pursuant to NEPA implementing regulations found at 40 CFR 
15.2(b), the Service identified the No Action Alternative--Option B (no 
approval of the HCP/no issuance of the ITP/no project construction) as 
the environmentally preferred alternative in the ROD.

Decision and Rationale for Decision

    Based on our review of the alternatives and their environmental 
consequences as described in our FEIS, we have selected the Proposed 
Action option (Alternative 1). The Proposed Action includes the 
applicant's implementation of the final HCP and the Service's issuance 
of an ITP authorizing incidental take of the covered species that may 
occur as a result of project operations.
    In order to issue an ITP for covered species under the ESA, we must 
determine that the HCP meets the issuance criteria set forth in 16 
U.S.C. 1539(a)(2)(B). In addition, in order to issue an ITP covering 
bald eagles and golden eagles, we must determine that the HCP meets the 
issuance criteria set forth in 50 CFR 22.26(f). We have made the 
determination that the HCP meets both sets of criteria, as described 
further in the ROD.

Authority

    We provide this notice in accordance with the requirements of 
section 10(c) of the ESA (16 U.S.C. 1539(c)) and its implementing 
regulations (50 CFR 17.22 and 17.32), and NEPA (42 U.S.C. 4321 et seq.) 
and its implementing regulations (40 CFR 1506.6; 43 CFR part 46).

Robyn Thorson,
Regional Director, U.S. Fish and Wildlife Service.
[FR Doc. 2020-06977 Filed 4-2-20; 8:45 am]
BILLING CODE 4333-15-P