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Itemc-2 1Ncidental Take and Mitigation Proposed STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES Division of Forestry and Wildlife Honolulu, HI 96813 September 27, 2019 Chairperson and Members Board of Land and Natural Resources State of Hawaii Honolulu, Hawaii SUBJECT: REQUEST FOR APPROVAL OF AMENDMENTS TO THE iNCIDENTAL TAKE LICENSE AND HABITAT CONSERVATION PLAN FOR THE KAWAILOA WIND ENERGY PROJECT ON THE ISLAND OF O’AHU, HAWAI’I Submitted for your approval are the Amendments to the Incidental Take License (ITL) and the Habitat Conservation Plan (HCP) for the Kawailoa Wind Farm Project (Project), on the island of O’ahu, Hawai’i. Amending the ITL and HCP are necessary because the take of the endangered Hawaiian Hoary Bat (Lasiurus cinereus semotus) has exceeded the permitted take authorized in the 2012 HCP and ITL. Additionally, take has occurred of the Hawaiian Petrel (Pterodroma sandwichensis), a species not included in the 2012 HCP and ITL. The amendments do not request changes for any other covered species. BACKGROUND: Kawailoa Wind, LLC operates a 30-turbine, 69-megawatt wind energy generation facility on agricultural lands in Kawailoa on the northern portion of O’ahu. Kawailoa Wind, LLC was issued a 20-year Incidental Take License, designated ITL-14, in January 2012 for the take of seven species. The Hawaiian Hoary Bat take authorized over three tier levels is 60 bats (after conversion of juvenile bat permitted take to adult take) over the course of the 20-year permit term. In 2017 model estimates showed that the calculated Hawaiian Hoary Bat take limit of 60 had been reached. Low wind speed curtailment has been implemented for increasing periods of time as an impact minimization measure, but bat take has continued to occur at levels higher than anticipated in the approved HCP. As of March31, 2019, the take of Hawaiian Hoary Bats by the Project is estimated with 80% confidence to be at or below 87. Acoustic bat deterrents were installed on all 30 turbines in May and June 2019. In July 2017 and August 2018 take occurred of a protected bird species, the threatened Hawaiian Petrel, a species not included in the 2012 approved HCP and ITL. As a result, the applicant has requested in their draft HCP amendment that the Hawaiian Petrel be added as a covered species for the remainder of the 20-year ITL term. 1 ITEMC-2 1NCIDENTAL TAKE AND MITIGATION PROPOSED: Kawailoa Wind, LLC has requested additional incidental take in three new tiers (4, 5, and 6) for the Hawaiian Hoary Bat and incidental take for the Hawaiian Petrel. Table 1 summarizes the take requested for these species. Tier 6 represents a 25% projected reduction in take in years 2020-2032 with implementation of deterrents. Table 1. Take Levels Requested by Tier (Revisions to the take in the February 2012 approved HCP Amendment are shown with underlined text.) Common Name Scientific Name Tier Level Requested Incidental Take Authorization ‘Ope’ape’a Lasiurus cinereus Tier 1 20 bats semotus Tier 2 40 bats Hawaiian Hoary Bat Tier 3 60 bats Tier 4 55 bats Tier 5 85 bats Tier 6 20 bats ‘Ua’u Pterodroma Not applicable 19 adults! fledglings sandwichensis 5 chicks! eggs Hawaiian Petrel ‘A’o Puffinus auricularis Tier 1 3 adults! immatures newelli 2 chicks! eggs Newell’s Shearwater Tier 2 6 adults! immatures 3 chicks!_eggs Koloa maoli Anas wyvilliana Tier 1 4 adults! immatures 4 ducklings Hawaiian Duck Tier 2 6 adults! immatures 6 ducklings Ae’o Himantopus Tier 1 8 adults! immatures mexicanus knudseni 4 fledglings Hawaiian Stilt Tier 2 12 adults! immatures 6 fledglings ‘Alae ke’oke’o Fulica alai Tier 1 8 adults! immatures 4 fledglings Hawaiian Coot Tier 2 12 adults! immatures 6 fledglings ‘Alae ‘ula Gallinula chioropus Tier 1 8 adults! immatures sandvicensis Take by 4 fledglings Hawaiian Common capture from Moorhen trapping 50 individuals Tier 2 12 adults! immatures Take by 6 fledglings ) capture from trapping 50 individuals 2 Common Name Scientific Name Tier Level Requested Incidental Take Authorization Pueo Asioflammeus Tier 1 4 adults! immatures sandwichensis 4 owlets Hawaiian Short- Tier 2 6 adults! immatures eared Owl 6 owlets Mitigation for Hawaiian Hoary Bat take for tier 4 would consist of the acquisition and resulting preservation of bat habitat. Mitigation for tiers 5 and 6 would consist of restoration of habitat for Hawaiian Hoary Bats or additional land acquisition and preservation. Mitigation for the Hawaiian Petrel take would include mitigation funding, predator control, and burrow monitoring at two colony sites in Hanakapiai and Hanakoa, Kaua’i. PUBLIC INVOLVEMENT The Division of Forestry and Wildlife (DOFAW) released the draft HCP for public comment in the October 23, 2018 and December 23, 2018, Office of Environmental Quality Control (OEQC) Environmental Notices with a deadline for comment specified as February 21, 2019. During the comment period, DOFAW received formal comments from members of the public. Public comments are included in Attachment C. As authorized by the Board of Land and Natural Resources (Board), DLNR conducted a public hearing relative to the Kawailoa Wind Farm energy facility on November 29, 2018 to receive public testimony on the draft HCP amendment. Public hearing comments are included in Attachment C. ENDANGERED SPECIES RECOVERY COMMITTEE (ESRC’) RECOMMENDATION On February 7, 2019 the ESRC conducted a site visit to the wind energy site location. The draft HCP was reviewed by the Endangered Species Recovery Committee at a regular meeting on July 25, 2019. At the July 25, 2019 meeting four ESRC members agreed to a motion to recommend approval of the HCP to the Board. One member voted against the motion, and one member abstained from voting. HRS CHAPTER 343 Related to the activities under the HCP, and pursuant to Hawai’i Revised Statutes Chapter 343, Kawailoa Wind, LLC published a Draft Supplemental Environmental Impact Statement (SEIS) in The Environmental Notice on May 8, 2019. The SETS provided supplemental impact analysis based on the increased take of the Hawaiian Hoary Bat and the take of the Hawaiian Petrel. Public comments on the Draft SETS were accepted during the 45-day comment period and the responses included in the Final SETS. The Final SETS has been submitted for BLNR acceptance along with and at the same time as this final HCP Amendment. 3 RECOMMENDATION: DLNR recommends that the Board: 1. Approve the Amended Incidental Take License and the Habitat Conservation Plan for the Kawailoa Wind Farm Project, on the island of O’ahu, Hawai’i. By approval of the Incidental Take License the Board makes the following determinations under Hawai ‘i Revised Statues § 1 95D-2 1 (b)( 1 )(A-C): (A) The plan will further the purposes of this chapter by protecting, maintaining, restoring, or enhancing identified ecosystems, natural communities, or habitat types upon which endangered, threatened, proposed, or candidate species depend within the area covered by the plan; (B) The plan will increase the likelihood of recovery of the endangered or threatened species that are the focus of the plan; and (C) The plan meets all requirements of Chapter 1 95D. By approval of the Incidental Take License the Board further determines that the Habitat Conservation Plan meets all the requirements of §195D-21(b)(2). By approval of the Incidental Take License the Board further determines that the Habitat Conservation Plan will not violate Hawai’i Revised Statues §195D-21(c) which reads as follows: The board shall disapprove a habitat conservation plan if the board determines, based upon the best scientific and other reliable data available at the time its determination is made, that the cumulative activities, if any, contemplated to be undertaken within the areas covered by the plan are not environmentally beneficial, or that implementation of the plan: (1) Is likely to jeopardize the continued existence of any endangered, threatened, proposed, or candidate species identified in the plan area; (2) Is likely to cause any native species not endangered or threatened at the time of plan submission to become threatened or endangered; (3) Fails to meet the criteria of subsections (a) and (b); or (4) Fails to meet the criteria of section 195D-4(g). The habitat conservation plan shall contain sufficient information for the board to ascertain with reasonable certainty the likely effect of the plan upon any endangered, threatened, proposed, or candidate species in the plan area and throughout its habitat range. 2. Authorize the Chairperson of the Board of Land and Natural Resources to issue the Amended Incidental Take License. 4 Respectfully u mitted, David G. Smith, Administrator Division of Forestry and Wildlife APPROVED FOR SUBMITTAL: 0 Suza e D. Case, Chairperson Board of Land and Natural Resources Attachment A: Habitat Conservation Plan Amendment Attachment B: Amended Incidental Take License Attachment C: Public Testimony and Public Comments . \.~ . ~. Kawailoa Wind Power • . ~., .~ ...::. ~ .~ - .. - - S.. - - _v~ _,~q I, ••~‘ -••• Habitat •-~.. — ~-~- ~ - Conservation ~ * .—‘• Plan C: Amendment -:-:-,-~.v ~ ~ ~ .•‘ ..——_ — .—‘: •1- . - ~ ., .~ --w.I~ ~ ~.. r-~~’ —~ - . •-~ •~q. .~..••, . S ~~-ç •~‘ •~ -:s•~• . • .....-‘-I~’~ ~-~-~-- ~ ~ Applicant ~ - Käwailoa Wind, LLC~’; •:~ ~-- 1166 A~en~ie of~the A~nericas, 9th Fl V New York~, NY19O3~’:~~: .. ~ . — .~ HCP Amendrnent~Prèpa~ed by~: /‘- .•-•~ Tetra Tech, Inc.~. :- 737 Bishop Street, Suite 2340.: Honolulu, HI 968~i3 / Revised September 2019 Kawailoa Wind Habitat Conservation Plan Amendment Table of Contents 1.0 INTRODUCTION AND PROJECT OVERVIEW 1 1.1
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