Final Environmental Impact Statement

For the Proposed Habitat Conservation Plan for the Endangered American Burying Beetle for American Electric Power in Oklahoma, Arkansas, and Texas

Volume II: Appendices

September 2018 U.S. Fish and Wildlife Service Southwest Region Albuquerque, NM

Costs to Develop and Produce this EIS: Lead Agency $29,254 Applicant (Contractor) $341,531 Total Costs $370,785 Appendix A Acronyms and Glossary

Appendix A Acronyms and Glossary

ACRONYMS °F Fahrenheit ABB American burying beetle AEP American Electric Power Company AMM avoidance and minimization measures APE Area of Potential Effects APLIC Avian Power Line Interaction Committee APP Avian Protection Plan Applicant American Electric Power Company ATV all-terrain vehicles BGEPA Bald and Golden Eagle Protection Act BMP best management practices CE Common Era CFR Code of Federal Regulations Corps Army Corps of Engineers CPA Conservation Priority Areas CWA Clean Water Act DNL day-night average sound level EIS Environmental Impact Statement EMF electric magnetic fields EPA Environmental Protection Agency ESA Endangered Species Act FEMA Federal Emergency Management Agency FR Federal Register GHG greenhouse gases HCP American Electric Power Habitat Conservation Plan for American Burying Beetle in Oklahoma, Arkansas, and Texas ITP Incidental Take Permit MDL multi-district litigation NEPA National Environmental Policy Act NHD National Hydrography Dataset NOI Notice of Intent NPDES National Pollutant Discharge Elimination System NRCS Natural Resources Conservation Service NWI National Wetlands Inventory NWR National Wildlife Refuge OSHA Occupational Safety and Health Administration ROD Record of Decision ROW right-of-way

American Electric Power Habitat Conservation Plan September 2018 A-1 Environmental Impact Statement

U.S. Fish and Wildlife Service Acronyms and Glossary

Service U.S. Fish and Wildlife Service SWPPP Stormwater Pollution Prevention Plan USDA U.S. Department of Agriculture USGS U.S. Geological Survey UTV utility task vehicle VOCs volatile organic compounds WNS white-nose syndrome

American Electric Power Habitat Conservation Plan September 2018 A-2 Environmental Impact Statement

U.S. Fish and Wildlife Service Acronyms and Glossary

GLOSSARY

Adaptive Management – Adaptive management is a systematic approach for improving resource management by learning from management outcomes.

Affected environment – The current environmental conditions and resources that may be affected or impacted by the alternatives evaluated in the EIS.

Ambient Noise – Ambient or background noise levels represent the total amount of noise in an area and are used to compare the effects of a new noise source relative to existing conditions.

Area of Potential Effects (APE) – The APE is a term specific to Cultural Resources and for this document covers the Plan Area; however, Covered Activities are limited to the operation and maintenance of existing lines and facilities, the corridors where new transmission lines and facilities would be built, and the location of mitigation sites.

Avoidance and Minimization Measures (AMMs) – measures designed to reduce direct take of the ABB as Covered Activities are being conducted.

Biological opinion – The Service document issued at the conclusion of formal consultation pursuant to section 7(a)(2) of the ESA that generally includes: (1) the opinion of the Fish and Wildlife Service as to whether or not a Federal action is likely to jeopardize the continued existence of listed species, or result in the destruction or adverse modification of designated critical habitat; (2) a summary of the information on which the opinion is based; and (3) a detailed discussion of the effects of the action on listed species or designated critical habitat (50 CFR §§ 402.02, 402.14(h)).

Conservation bank – a parcel of land containing natural resource values that are conserved and managed in perpetuity, through a conservation easement held by an entity responsible for enforcing the terms of the easement, for specified listed species and used to offset impacts occurring elsewhere to the same resource values on non-bank lands. The values of the natural resources are translated into quantified "credits." Typically, the credit price will include funding for the long-term natural resource management and protection of those values.

Conservation Priority Area (CPA) - CPAs are areas where conservation of the ABB should be targeted. The ABB CPAs serve as areas where conservation efforts should be focused and where higher ratios of mitigation for impacts on ABBs should occur. The CPAs include areas with recent (within 10 years) documented ABB presence the Service believes are likely to contain important elements for ABB conservation, such as documented presence over multiple years; relatively high-density populations; suitable breeding, feeding, and sheltering habitat; and carrion resources.

Cooperating agencies – Federal, state, or local agencies other than a lead agency which have jurisdiction by law or special expertise with respect to any environmental impact involved in a proposal or reasonable alternative. Cooperating agencies for this EIS include the Bureau of Indian Affairs Southern Plains; Office of Surface Mining Reclamation and Enforcement; Arkansas Army National Guard – Fort Chaffee Joint Maneuver Training Center; Texas Army National Guard Environmental Branch; and U.S. Army - McAlester Army Ammunition Plant.

American Electric Power Habitat Conservation Plan September 2018 A-3 Environmental Impact Statement

U.S. Fish and Wildlife Service Acronyms and Glossary

Covered activities – Covered activities include those activities that would occur under the HCP that would result in ABB take; Covered activities include AEP’s repair, maintenance, and construction activities for electrical lines and support facilities (e.g., substations and switching facilities) within the Plan Area, as well as activities carried out as part of the HCP’s conservation strategy.

Covered species – Covered Species include species the U.S. Fish and Wildlife Service is considering incidental take authorization for under the action alternatives.

Criteria Pollutants – Criteria pollutants are air contaminants commonly emitted from a variety of sources and include CO, Pb, NO2, O3, PM10, PM2.5, and SO2.

Critical habitat – Specific geographic areas, whether occupied by a listed species or not, that are essential for its conservation and that have been formally designated by rule published in the Federal Register.

Cumulative Impact – Cumulative impacts are impacts that can result from individually minor but collectively noteworthy actions taking place over a period of time.

Ecoregion – Ecoregions are areas where the type, quality, and quantity of environmental resources— such as vegetation, wildlife, soils, geology, climate, hydrology, land use, and land form—are generally similar. Ecoregions serve as a spatial framework for resource management and are effective for regional state environmental reports, resource inventories, and assessments.

Endangered species - “Any species [including subspecies or qualifying distinct population segment] which is in danger of extinction throughout all or a significant portion of its range” (section 3(6) of the Endangered Species Act, 16 USC § 1532(6)).

Endangered species act (ESA) - 16 USC §§ 1513–1543; Federal legislation that provides means whereby the ecosystems upon which endangered species and threatened species depend may be conserved, and provides a program for the conservation of such endangered and threatened species.

Environmental Impact Statement (EIS) - A detailed written statement required by section 102(2)(C) of the National Environmental Policy Act containing, among other things, an analyses of environmental impacts of a proposed action and alternatives considered, adverse effects of the project that cannot be avoided, alternative courses of action, short-term uses of the environment versus the maintenance and enhancement of long-term productivity, and any irreversible and irretrievable commitment of resources (40 CFR §§ 1508.11, 1502).

Federal register - Daily publication of the United States government containing all proposed regulations, final regulations, and other activities of the Federal government.

Federally listed - The Federal Lists of Endangered and Threatened Wildlife and Plants.

Floodplain – Any land area susceptible to being inundated by floodwaters from any source.

Global Climate Change – refers to any long-term change in Earth's climate, or in the climate of a region or city. This includes warming, cooling and changes besides temperature.

American Electric Power Habitat Conservation Plan September 2018 A-4 Environmental Impact Statement

U.S. Fish and Wildlife Service Acronyms and Glossary

Habitat – The location where a particular taxon of plant or animal lives and its surroundings, both living and non-living; the term includes the presence of a group of particular environmental conditions surrounding an organism including air, water, soil, mineral elements, moisture, temperature, and topography.

Habitat conservation plan (HCP) - Under section 10(a)(2)(A) of the Endangered Species Act, a planning document that is a mandatory component of an incidental take permit application.

Important Farmland – The Farmland Protection Policy Act of 1981 (7 U.S.C. §§ 4201–4209) requires that Federal agencies and programs minimize conversion of farmland to nonagricultural uses. This includes prime farmland (most suitable for production of food, as determined by NRCS); unique farmland (land used for production of specific high-value crops), and farmland of state or local importance (other land capable of producing crops.

Incidental take – take of a listed fish or wildlife species that results from, but is not the purpose of, carrying out an otherwise lawful activity conducted by a Federal agency or applicant (50 CFR 402.02).

Incidental take permit (ITP) – A permit that exempts a permittee from the take prohibition of section 9 of the Endangered Species Act issued by the Service pursuant to section 10(a)(1)(B) of the Endangered Species Act. Also sometimes referred to as a “section 10(a)(1)(B),” “section 10 permit,” or “ITP.” “Permit” in this document refers to the incidental take permit associated with the HCP.

Invasive Plants – Invasive plants are plant species that are typically non-native, and whose introduction is likely to cause economic or environmental harm or harm to human health (Executive Order 13112). Invasive plants can adversely affect vegetation communities by outcompeting native vegetation, leading to a reduction in biodiversity and degradation of habitat. Humans are the primary source of invasive plant introduction, and once established, invasive plants are often difficult to contain, control, and eradicate.

Mitigation – an action that avoids, minimizes, reduces, rectifies, or compensates an impact.

National Environmental Policy Act (NEPA) - Federal legislation establishing national policy that environmental impacts would be evaluated as an integral part of any major Federal action. Requires the preparation of an Environmental Impact Statement for all major Federal actions significantly affecting the quality of the human environment (42 USC §§ 4321–4327).

National Register of Historic Places (NRHP) – The National Register of Historic Places is the official list of the Nation's historic places worthy of preservation. Authorized by the National Historic Preservation Act of 1966, the National Park Service's National Register of Historic Places is part of a national program to coordinate and support public and private efforts to identify, evaluate, and protect America's historic and archeological resources.

No Action Alternative – NEPA requires that an EIS alternatives analysis include consideration of a No Action Alternative, which serves as a baseline with which to compare the impacts of the proposed action and alternatives.

Notice of Intent (NOI) - Formal notice in the Federal Register to initiate the NEPA process (required for Environmental Impact Statements).

American Electric Power Habitat Conservation Plan September 2018 A-5 Environmental Impact Statement

U.S. Fish and Wildlife Service Acronyms and Glossary

Plan area – The Plan Area for the HCP includes areas where authorized incidental take would occur and conservation measures would take place. The Plan Area includes Oklahoma and Arkansas counties within known ABB range and Texas counties with ABB occurrence records. The Plan Area also includes counties in these states where ABB’s range could expand over the permit term. In total, the Plan Area amounts to almost 32 million acres

Proposed Federal Action – The proposed federal action being evaluated in this EIS is approval of the HCP and issuance of an ITP by the Service, under Section 10(a)(1)(B) of the ESA. The ITP would authorize incidental take of the ABB that could result from Covered Activities in the Plan Area over the 30-year term of the ITP.

Reconductoring – the replacement of old conductors (wires) on existing electric lines with new conductors to ensure system functionality.

Record of Decision (ROD) – A concise public document that records a Federal agency's decision(s) concerning a proposed action for which the agency has prepared an environmental impact statement.

Riparian - Pertaining to the banks of a river, stream, waterway, or other, typically, flowing body of water as well as to plant and animal communities along such bodies of water.

Scoping - The first document in the environmental review process to receive public comment. It is usually made available just prior to the Public Scoping Meeting.

Section 10(a)(1)(B) of ESA – The portion of section 10 of the Endangered Species Act that authorizes the Service to issue permits for the incidental take of threatened or endangered species.

Section 7 of ESA - The section of the Endangered Species Act that describes the responsibilities of Federal agencies in conserving threatened and endangered species. Section 7(a)(1) requires all Federal agencies “in consultation with and with the assistance of the Secretary [to] utilize their authorities in furtherance of the purposes of this Act by carrying out programs for the conservation of endangered species and threatened species.” Section 7(a)(2) requires Federal agencies to “ensure that any action authorized, funded, or carried out by such agency ... is not likely to jeopardize the continued existence of any endangered species or threatened species or result in the destruction or adverse modification of...” designated critical habitat.

Sedimentation – Sedimentation is the deposition by settling of a suspended material (e.g. soils sediment mobilized by surface water runoff that is deposited into a nearby waterbody).

Service – United States Fish and Wildlife Service.

Special-Status Species – In this EIS special status species include federally and state listed threatened and endangered species, federal candidate species for listing, bald and golden eagles, and birds of conservation concern.

Species of Greatest Conservation Need – Species for which there is a conservation concern due to population trends and threats to habitat and the species.

American Electric Power Habitat Conservation Plan September 2018 A-6 Environmental Impact Statement

U.S. Fish and Wildlife Service Acronyms and Glossary

Stray Voltage – a low-level electrical current that results primarily from an improperly grounded electrical distribution system. Stray voltage is a small voltage (less than 10 volts as defined by the U.S. Department of Agriculture) that can be measured between two possible contact points. When these two points are connected together by an object, such as a person, a current flows, and the person may experience an electrical shock.

Surface water – Surface waters include rivers, streams, creeks, lakes, ponds, and reservoirs. Surface water is maintained by precipitation and is lost through evaporation, seepage into the ground, or use by plants and animals.

Take – Under section 3(18) of the Endangered Species Act, “…to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct” with respect to federally listed endangered species of wildlife. Federal regulations provide the same taking prohibitions for threatened wildlife species (50 CFR 17.31(a)).

Threatened Species – Any species which is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range (Endangered Species Act § 3 (20), 16 USC § 1532(20)].

Turbidity – Turbidity is the measure of relative clarity of a liquid and typically associated with presence of suspended sediment in a surface water. It is an optical characteristic of water and is an expression of the amount of light that is scattered by material in the water when a light is shined through the water sample. The higher the intensity of scattered light, the higher the turbidity.

Watershed – an area of land that drains all the streams and rainfall to a common outlet such as the outflow of a reservoir, mouth of a bay, or any point along a stream channel.

Wetland - Wetlands are those areas where water saturation is the dominant factor determining the nature of soil development and the types of plant and animal communities living in the surrounding environment.

American Electric Power Habitat Conservation Plan September 2018 A-7 Environmental Impact Statement

Appendix B References

Appendix B References

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———. 2014a. American Burying Beetle Conservation Strategy for the Establishment, Management, and Operations of Mitigation Lands. May 21. Available: https://www.fws.gov/southwest/es/oklahoma/documents/abb/abb_icp/final%20abb%20con servation%20strategy%20and%20mitigation%20guidance%202014_05_21.pdf. Accessed: December 6, 2017.

———. 2014b. American Burying Beetle Impact Assessment for Project Reviews. Oklahoma Ecological Services Field Office. Available: https://www.fws.gov/southwest/es/oklahoma/documents/abb/abb%20impact%20assessmen t%20for%20project%20reviews_6mar2014.pdf Accessed: January 23, 2018.

———. 2017. American Burying Beetle Mitigation Lands Guidelines. Arkansas Ecological Services Field Office. Available: https://www.fws.gov/arkansas- es/docs/ABB%20Conservation%20Lands%20Guidelines%20in%20Arkansas.pdf Accessed: January 23, 2018.

Chapter 3 Affected Environment 3.2 Biological Resources Amaral, M., A.J. Kozol, and T. French. 1997. Conservation strategy and reintroduction of the endangered American burying beetle. Northeastern Naturalist 4(3):121–132.

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American Electric Power Habitat Conservation Plan September 2018 B-1 Environmental Impact Statement

U.S. Fish and Wildlife Service References

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American Electric Power Habitat Conservation Plan September 2018 B-2 Environmental Impact Statement

U.S. Fish and Wildlife Service References

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Howard, D.R., C.L. Hall, and E. Bestul. 2012. Annual status update of the endangered American burying beetle at The Nature Conservancy’s Tallgrass Prairie Preserve in Oklahoma. Unpublished report for The Nature Conservancy.

Jurzenski, J., and W.W. Hoback. 2011. Opossums and Leopard Frogs Consume the Federally Endangered American Burying Beetle (Coleoptera: Silphidae). The Coleopterists Bulletin 65(1):88–90.

Jurzenski, J., D.G. Snethen, M.L. Brust, and W.W. Hoback. 2011. New Records of Carrion Beetles in Nebraska Reveal Increased Presence of the American Burying Beetle, Nicrophorus americanus Olivier (Coleoptera: Silphidae). Great Plains Research 21:131–43.

American Electric Power Habitat Conservation Plan September 2018 B-3 Environmental Impact Statement

U.S. Fish and Wildlife Service References

Kempenaers, B., P. Borgstroem, P. Loes, E. Schlicht, and M. Valcu. 2010. Artificial Night Lighting Affects Dawn Song, Extra-Pair Siring Success, and Lay Date in Songbirds. Current Biology 20(19):1735–1739.

Kirchner, B.N., N.S. Green, D.A. Sergeant, J.N. Mink, and K.T. Wilkins. 2011. Responses of small mammals and vegetation to a prescribed burn in a tallgrass Blackland Prairie. American Midland Naturalist 166:122–125.

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Kozol, A.J. 1990. The natural history and reproductive strategies of the American burying beetle, Nicrophorus americanus. Report to the Service, Hadley, MA. Unpub. MS.

Kuijper, D., J. Schut, D. Van Dullemen, H. Toorman, N. Goossens, J. Ouwehand, and H. J. G. A. Limpens. 2008. Experimental evidence of light disturbance along the commuting routes of pond bats (Myotis dasycneme). Lutra 51(1):37–49.

Lomolino, M.V. and J.C. Creighton. 1996. Habitat selection, breeding success and conservation of the endangered American burying beetle, Nicrophorus americanus. Biological Conservation 77:235– 241.

Lomolino, M.V., J.C. Creighton, G.D. Schnell, and D.L. Certain. 1995. Ecology and conservation of the endangered American burying beetle, Nicrophorus americanus. Conservation Biology 9:605–614.

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Loss, S.R., T. Will, and P.P. Marra. 2014. Refining Estimates of Bird Collision and Electrocution Mortality at Power Lines in the United States. PLoS ONE 9(7): e101565.

Manville II, A.M. 2005. Bird Strikes and Electrocutions at Power Lines, Communication Towers, and Wind Turbines: State of the Art and State of the Science—Next Steps toward Mitigation. USDA Forest Service Gen. Tech. Rep. PSW-GTR-191.

Marvier, M., P. Kareiva, and M.G. Neubert. 2004. Habitat Destruction, Fragmentation, and Disturbance Promote Invasion by Habitat Generalists in a Multispecies Metapopulation. Risk Analysis 24(4):869–878.

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American Electric Power Habitat Conservation Plan September 2018 B-4 Environmental Impact Statement

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———. 2017. County by County List of Endangered and Threatened Species. Available: https://www.wildlifedepartment.com/wildlifemgmt/endangered/State_Listed_by_County.pdf. Accessed: September 8, 2017.

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American Electric Power Habitat Conservation Plan September 2018 B-5 Environmental Impact Statement

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Sikes, D.S., and C.J. Raithel. 2002. A review of hypotheses of decline of the endangered American burying beetle (Silphidae: Nicrophorus americanus Olivier). Journal of Insect Conservation 6:103– 113.

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Sutton Center. 2017. Bald Eagle Recovery. George Miksch Sutton Avian Research Center. Available: http://www.suttoncenter.org/conservation/saving-species/bald-eagles/recovery-efforts/. Accessed: November 2, 2017.

Telfer, T.C., J.L. Sincock, G.V. Byrd, and J.R. Reed. 1987. Attraction of Hawaiian Seabirds to Lights: Conservation Efforts and Effects of Moon Phase. Wildlife Society Bulletin 15(3):406–413.

Texas A&M, AgriLife Extension. The Texas Breeding Bird Atlas. 2007. Available: https://txtbba.tamu.edu/species-accounts/golden-eagle/. Accessed: September 28, 2017.

Texas Parks and Wildlife Department. 2005. East Texas Black Bear Conservation and Management Plan: 2005–2015. Austin, Texas. Available: https://tpwd.texas.gov/publications/pwdpubs/media/pwd_pl_w7000_1046.pdf. Accessed: September 25, 2017.

———. 2012. Texas Conservation Action Plan. Available: https://tpwd.texas.gov/landwater/land/tcap/. Accessed: September 7, 2018.

———. 2016. Wildlife Division, Diversity and Habitat Assessment Programs. TPWD County Lists of Protected Species and Species of Greatest Conservation Need. Accessed: September 8, 2017.

———. 2017. Rare, Threatened, and Endangered Species of Texas by County. Wildlife Habitat Assessment Program. Available: http://tpwd.texas.gov/gis/rtest/. Accessed: September 11, 2017.

U.S. Department of Agriculture, Animal and Plant Health Inspection Service. 2003. Imported Fire Ants: An agricultural pest and human health hazard. April 2006 Fact Sheet. Available: http://entoplp.okstate.edu/fireants/fs_ifa.pdf/. Accessed: October 19, 2017.

U.S. Department of Agriculture, Natural Resource Conservation Service. 2017a. Introduced, Invasive, and Noxious Plants. Available: https://plants.usda.gov/java/noxiousDriver#state. Accessed: September 8, 2017.

———. 2017b. Resource Library: Invasive Species Lists for Individual States. Available: https://www.invasivespeciesinfo.gov/resources/lists4states.shtml. Last Updated: September 3, 2017. Accessed: September 8, 2017.

American Electric Power Habitat Conservation Plan September 2018 B-6 Environmental Impact Statement

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U.S. Environmental Protection Agency. 2016. U.S. Level III and IV Ecoregions. Available: https://catalog.data.gov/dataset/u-s-level-iii-and-iv-ecoregions-u-s-epa. Accessed: September 20, 2017.

———. 2017. Ecoregions. Available: https://www.epa.gov/eco-research/ecoregions. Accessed: September 8, 2017.

U.S. Fish and Wildlife Service. 1991. American burying beetle (Nicrophorus americanus) recovery plan. Newton Corner, Massachusetts.

———. 2007. National Bald Eagle Management Guidelines. May. Available: https://www.fws.gov/northeast/ecologicalservices/pdf/NationalBaldEagleManagementGuideli nes.pdf. Accessed: September 28, 2017.

———. 2008a. American Burying Beetle (Nicrophorus americanus) 5-Year Review: Summary and Evaluation. New England Field Office. Concord, New Hampshire. March. Available: https://www.fws.gov/southwest/es/oklahoma/Documents/ABB/ABB%205%20%20yr%20rev iew%20FINAL%206-16-08.pdf. Accessed: September 8, 2017.

———. 2008b. Conservation Approach for the American Burying Beetle (ABB) in Counties Lacking or with Limited Recent Survey Data. Tulsa, Oklahoma.

———. 2008c. Birds of Conservation Concern 2008. Division of Migratory Bird Management, Arlington, Virginia. December. 85 pp. Available: https://www.fws.gov/birds/management/managed-species/birds-of-conservation- concern.php.

———. 2015a. American Burying Beetle Oklahoma Presence/Absence Live-trapping Survey Guidance. Oklahoma Ecological Services Field Office. Available: https://www.fws.gov/southwest/es/oklahoma/documents/abb/surveying%20final/abb%20o klahoma%20presence%20absence%20live-trapping%20surveyguidance_05072015.pdf. Accessed: October 19, 2017.

———. 2015b. Bald Eagle Facts. Arkansas Ecological Services Field Office. Available: https://www.fws.gov/arkansas-es/Species/Birds/baldeagle.html. Accessed: September 28, 2017.

———. 2015c. Biological Opinion for the Texas Army National Guard’s proposed military training activities and the implementation of the Camp Maxey Integrated Natural Resources Management Plan. September 22.

———. 2016. American Burying Beetle Impact Assessment for Project Reviews. Oklahoma Ecological Services Field Office. March. Available: https://www.fws.gov/southwest/es/oklahoma/documents/abb/surveying%20final/abb%20i mpact2assessment%20for%20project%20reviews_30march2016_final.pdf. Accessed: October 19, 2017.

———. 2017a. Threatened & Endangered Species Active Critical Habitat Report. Environmental Conservation Online System. Available: https://ecos.fws.gov/ecp/report/table/critical- habitat.html. Accessed: September 8, 2017.

American Electric Power Habitat Conservation Plan September 2018 B-7 Environmental Impact Statement

U.S. Fish and Wildlife Service References

———. 2017b. IPaC: Information for Planning and Consultation. Environmental Conservation Online System. Available: https://ecos.fws.gov/ipac/. Accessed: September 7, 2017.

———. 2017c. White-Nose Syndrome Zone around WNS/Pd Positive Counties/Districts (map). Northern Long-Eared Bat Final 4(d) Rule. Available: https://www.fws.gov/Midwest/endangered/mammals/nleb/4drule.html. Accessed: October 3, 2017.

U.S. Geological Survey. 2018. State Wildlife Action Plan Species Conservation Analysis Tool. Available: https://www1.usgs.gov/csas/swap/. Accessed: September 12, 2018.

Walker, T.L. and W. Hoback. 2007. Effects of invasive eastern red cedar on capture rates of Nicrophorus americanus and other Silphidae. Env. Entolol. 36(2):297–307.

Warriner, M.D. 2004. Survey for the American burying beetle (Nicrophorus americanus) on Arkansas Game and Fish Wildlife Management Areas (Coleoptera: Silphidae). Arkansas Nat. Heritage Comm. Unpub. rep. Little Rock, AR. 14 pp.

Wilcove, D.S., C.H. McLellan, and A.P. Dobson. 1986. Habitat fragmentation in the temperate zone. In M.E. Soule (ed.), Conservation Biology: The Science of Scarcity and Diversity, pp. 237–256. Sinauer Associates, Sunderlan, MA.

Willemssens, K.A. 2015. Soil Preferences of Nicrophorus Beetles and the Effects of Compaction on Burying Behavior. Dissertations & Theses in Natural Resources. Paper 112. Available: http://digitalcommons.unl.edu/natresdiss/112. Accessed: September 25, 2017. 3.3 Climate and Air Quality National Oceanic and Atmospheric Administration. 2017a. Earth System Research Laboratory. Trends in Atmospheric Carbon Dioxide. Available: http://www.esrl.noaa.gov/gmd/ccgg/trends/. Accessed: September 28, 2017.

______. 2017b. Climate of Arkansas. Retrieved from National Centers for Environmental Information: https://www.ncdc.noaa.gov/climatenormals/clim60/states/Clim_AR_01.pdf

______. 2017c. Climate of Oklahoma. Retrieved from National Centers for Environmental Information: https://www.ncdc.noaa.gov/climatenormals/clim60/states/Clim_OK_01.pdf

U.S. Environmental Protection Agency. 2016. Climate Change Indicators in the United States: Atmospheric Concentrations of Greenhouse Gases. Available: https://www.epa.gov/climate- indicators/climate-change-indicators-atmospheric-concentrations-greenhouse-gases. Accessed: September 28, 2017.

U.S. Environmental Protection Agency. 2017. NAAQS Table. Available: https://www.epa.gov/criteria-air-pollutants/naaqs-table. Accessed: September 28, 2017.

U.S. Global Change Research Program. 2014. Third National Climate Assessment. Available: http://www.globalchange.gov/nca3-downloads-materials. Accessed: September 28, 2017.

American Electric Power Habitat Conservation Plan September 2018 B-8 Environmental Impact Statement

U.S. Fish and Wildlife Service References

3.4 Water Resources Arkansas Department of Environmental Quality. 2016a. Integrated Water Quality Monitoring Assessment Report. Available: https://www.adeq.state.ar.us/water/planning/integrated/ 303d/pdfs/2016/final-2016-305b-report.pdf. Accessed: September 8, 2017.

Arkansas Department of Environmental Quality. 2016b. 303(d) Impaired Waters GIS dataset. Available: http://gis.arkansas.gov/?s=tmdl&post_type=product. Accessed: September 19, 2017

Battaglin, W., K.C. Rice, M.J. Focazio, S. Salmons, and R.X. Barry. 2009. The occurrence of glyphosate, atrazine, and other pesticides in vernal pools and adjacent streams in Washington, DC, Maryland, Iowa, and Wyoming, 2005–2006. Environmental Monitoring and Assessment 155:281– 307.

Cowardin, L.M., V. Carter, F.C. Golet, and E.T. LaRoe. 1979. Classification of Wetlands and Deepwater Habitats of the United States. Washington, DC: Office of Biological Services, U.S. Fish and Wildlife Service.

Federal Emergency Management Agency. 2017. National Flood Hazard Layer (NFHL) GIS data. Available: https://www.floodmaps.fema.gov/NFHL/status.shtml Accessed: September 19, 2017.

Federal Emergency Management Agency. 2007. Floodplain Management: Principles and Current Practices. Chapter 8: Floodplain Natural Resources and Functions. FEMA Emergency Management Institute. Available: https://training.fema.gov/hiedu/aemrc/courses/coursetreat/fm.aspx. Accessed: September 8, 2017.

Federal Interagency Floodplain Management Task Force. 1994. A Unified National Program for Floodplain Management. Available: http://www.fema.gov/media- library/assets/documents/18472. Accessed: September 11, 2017.

Natural Resources Conservation Service. 2013. National Soil Survey Handbook, Part 618 Soil Properties and Qualities. U.S. Department of Agriculture. Available: http://www.nrcs.usda.gov/wps/portal/nrcs/detail/soils/survey/?cid=nrcs142p2_054241. Accessed: September 8, 2017.

Natural Resources Conservation Service. 2017. GIS Soils Survey Data for Arkansas, Oklahoma, and Texas. Available: https://gdg.sc.egov.usda.gov/GDGOrder.aspx

Oklahoma Conservation Commission. 2000. The Oklahoma Wetlands Reference Guide (James E. Henley and Mark S. Harrison, authors). Oklahoma Conservation Commission, Oklahoma City, Oklahoma.

Oklahoma Department of Environmental Quality. 2014a. Water Quality in Oklahoma: 2014 Integrated Report. Available: http://www.deq.state.ok.us/WQDnew/305b_303d/2014/2014_OK_IR_documentFinal.pdf. Accessed: September 8, 2017.

Oklahoma Department of Environmental Quality. 2014b. Impaired 303(d) waters GIS data. Available: http://gisdata-deq.opendata.arcgis.com/datasets/waterweb-2014-303d- waterbodies/data Accessed: September 19, 2017

American Electric Power Habitat Conservation Plan September 2018 B-9 Environmental Impact Statement

U.S. Fish and Wildlife Service References

Texas Commission on Environmental Quality. 2015. 2014 Guidance for Assessing and Reporting Surface Water Quality in Texas. Available: https://www.tceq.texas.gov/assets/public/ waterquality/swqm/assess/14txir/2014_guidance.pdf. Accessed: September 8, 2017.

Texas Commission on Environmental Quality. 2016. Impaired 303(d) waters GIS data. Available: https://www.tceq.texas.gov/gis/download-tceq-gis-data Accessed: September 19, 2017

Texas Parks and Wildlife Department. 2003. Texas Treasures: Wetlands. PWD BK K0700-908. August.

U.S. Environmental Protection Agency. 2002. Functions and Values of Wetlands Factsheet. Office of Water. Office of Wetlands, Oceans, and Watersheds. EPA 843-F-01-002c. September. Available: https://nepis.epa.gov/Exe/ZyPDF.cgi/200053Q1.PDF?Dockey=200053Q1.PDF. Accessed: September 11, 2017.

U.S. Environmental Protection Agency and U.S. Geological Survey. 2012. EPA Office of Water (OW): National Hydrography Dataset Plus 2.1. Washington, D.C.

U.S. Fish and Wildlife Service. 2017. National Wetland Inventory GIS data. Available: https://www.fws.gov/wetlands/Data/State-Downloads.html Accessed: September 19, 2017.

U.S. Geological Survey. 2015. Watershed Boundary Dataset. Reston, VA. 3.5 Soils Natural Resources Conservation Service. 2017a. Web Soil Survey. United States Department of Agriculture. Available: http://websoilsurvey.nrcs.usda.gov/. Accessed: September 27, 2017.

———. 2017b. The Twelve Orders of Soil Taxonomy. Available: https://www.nrcs.usda.gov/wps/portal/nrcs/detail/soils/edu/?cid=nrcs142p2_053588. Accessed: October 3, 2017. 3.6 Cultural Resources Central Arkansas Library System. 2017. The Encyclopedia of Arkansas History & Culture. Available: http://www.encyclopediaofarkansas.net/encyclopedia/entry- detail.aspx?entryID=395&type=Time+Period&item=Pre-European+Exploration+(Prehistory+- +1540)&parent=&grandparent=.

National Park Service. 2015. National Register of Historic Places Program: Research – Data Downloads. Available: https://www.nps.gov/nr/research/data_downloads.htm.

Oklahoma Historical Society. 2017. The Encyclopedia of Oklahoma History and Culture. Available: http://www.okhistory.org/publications/enc/entry.php?entry=AM010.

Texas State Historical Association. 2010. Handbook of Texas. Available: https://www.tshaonline.org/handbook/online/articles/bfp02.

The University of Texas at Austin. 2016. Texas Beyond History. Available: http://www.texasbeyondhistory.net/.

U.S. Fish and Wildlife Service. 2017. Final Scoping Report for the American Electric Power Habitat Conservation Plan Environmental Impact Statement.

American Electric Power Habitat Conservation Plan September 2018 B-10 Environmental Impact Statement

U.S. Fish and Wildlife Service References

U.S. Fish and Wildlife Service and the National Marine Fisheries Service. 2016. Habitat Conservation Planning and Incidental Take Permit Processing Handbook, Appendix A: National Historic Preservation Act Compliance and Habitat Conservation Plans for the U.S. Fish and Wildlife Service. Available: https://www.fws.gov/endangered/what-we-do/hcp_handbook- chapters.html. 3.7 Visual Resources ArcGIS Online. 2017. Basemap Imagery, Terrain with Labels, and USA Topo Maps.

Fenneman, N.M. 1938. Physiography of Eastern United States. McGraw-Hill Book Company, New York, New York.

Google Earth Pro, Street View, 2017.

International Dark Sky Association. 2017. Accessed at http://www.darksky.org on October 5, 2017.

U.S. Geological Survey. 2016. GAP Analysis Program (GAP). Protected Areas Database of the United States (PAD-US), version 1.4 Combine Feature Class. Available: https://gapanalysis.usgs.gov/padus/data/download/ Accessed: October 5, 2017. 3.8 Land Use Natural Resources Conservation Service. 2013. Farmland Protections Policy Act. Available: http://www.nrcs.usda.gov/wps/portal/nrcs/detail/?cid=nrcs143_008275. Accessed: September 26, 2017.

Natural Resources Conservation Service. 2015. National Soil Survey Handbook, Part 622. Available: http://www.nrcs.usda.gov/wps/portal/nrcs/detail/soils/ref/?cid=nrcs142p2_054226. Accessed: September 26, 2017.

Natural Resources Conservation Service. 2017. Web Soil Survey. United States Department of Agriculture. Available: http://websoilsurvey.nrcs.usda.gov/. Accessed: September 27, 2017. 3.9 Traffic and Transportation Federal Highway Administration. 2003. Commercial Vehicle Size and Weight Program. Available: http://ops.fhwa.dot.gov/Freight/sw/overview/index.htm. Accessed: September 21, 2017. 3.10 Socioeconomics and Environmental Justice Arkansas Economic Development Institute. 2014. University of Arkansas at Little Rock. Available: http://iea.ualr.edu/population-estimates-a-projections.html. Accessed: September 22, 2017.

Bureau of Labor Statistics. 2015. Labor Force Statistics the Current Population Survey. Available: https://www.bls.gov/cps/. Accessed: October 18, 2017.

Chalmers, J.A., 2012. High-Voltage Transmission Lines and Rural, Western Real Estate Values. Appraisal Journal 80(1).

Chalmers, J.A. and F.A. Voorvaart. 2009. High-Voltage Transmission Lines: Proximity, Visibility and Encumbrance Effects. The Appraisal Journal 227–245. Available:

American Electric Power Habitat Conservation Plan September 2018 B-11 Environmental Impact Statement

U.S. Fish and Wildlife Service References

http://www.myappraisalinstitute.org/webpac/pdf/TAJ2009/TAJSU09pg.227-245.pdf Accessed: October 18, 2017.

Council on Environmental Quality. 1997. Environmental Justice. Guidance under the National Environmental Policy Act. Available: https://www.epa.gov/sites/production/files/2015- 02/documents/ej_guidance_nepa_ceq1297.pdf. Accessed: October 18, 2017.

Des Rosiers, F. 2002. Power Lines, Visual Encumbrance and House Values: A Microspatial Approach to Impact Measurement. Journal of Real Estate Research 23(3)275–301.

Housing Assistance Council. 2012. Race and Ethnicity in Rural America. Rural Research Brief. Available: http://www.ruralhome.org/storage/research_notes/rrn-race-and-ethnicity-web.pdf. Accessed: October 18, 2017.

Jackson, T. and J. Pitts. 2010. The effects of electric transmission lines on property values: a literature review. Journal of Real Estate Literature 18(2)239–259.

Oklahoma Department of Commerce. 2012. 2012 Demographic State of the State Report, Oklahoma State and County Population Projections through 2075. Available: http://okcommerce.gov/wp- content/uploads/2015/06/Population_Projections_Report-2012.pdf. Accessed: September 22, 2017.

Texas Demographic Center. 2016. Texas Population Estimates and Projections, Population Projections. Available: http://txsdc.utsa.edu/Data/TPEPP/Projections/. Accessed: September 22, 2017.

U.S. Census Bureau. 2015. American Community Survey, 5-Year Estimates, 2015. Available: https://factfinder.census.gov/faces/nav/jsf/pages/searchresults.xhtml. Accessed: September 22, 2017.

———. 2014. National Population Projections Tables. Available: https://www.census.gov/data/tables/2014/demo/popproj/2014-summary-tables.html. Accessed: September 22, 2017.

U.S. Department of Agriculture, Economic Research Service. 2015. Geography of Poverty. Available: http://www.ers.usda.gov/topics/rural-economy-population/rural-poverty-well- being/geography-of-poverty.aspx. Accessed: October 18, 2017.

Wolverton, M.L. and S.C. Bottemiller. 2003. Further Analysis of Transmission Line Impact on Residential Property Values. The Appraisal Journal 244–252. 3.11 Public Health and Safety Including Noise Bonneville Power Administration. 2007. Living and Working Safely Around High-Voltage Power Lines.

Federal Aviation Administration. 2001. Noise Levels for U.S. Certificated and Foreign Aircraft. Available: https://www.faa.gov/regulations_policies/advisory_circulars/index.cfm/go/document.informa tion/documentID/22942.

Federal Highway Administration. 2006. Construction Noise Handbook. Retrieved from U.S. Department of Transportation, Federal Highway Administration. Available:

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https://www.fhwa.dot.gov/environment/noise/construction_noise/handbook/handbook00.cf m. Accessed: September 20, 2017.

National Institutes of Health. 2002. Electric and Magnetic Fields. Retrieved from National Institute of Environmental Health Sciences. Available: https://www.niehs.nih.gov/health/topics/agents/emf/index.cfm. Accessed: September 29, 2017.

Public Service Commission of Wisconsin. 2013. Environmental Impacts of Transmission Lines. Available: https://psc.wi.gov/Documents/Enviromental%20Impacts%20TL.pdf. Accessed: September 29, 2017.

Rogers, A.L., J.F. Manwell, S. Wright. 2006. Wind Turbine Acoustic Noise. A white paper prepared by the Renewable Energy Research Laboratory Department of Mechanical and Industrial Engineering University of Massachusetts at Amherst. June 2002, amended January 2006.

U.S. Environmental Protection Agency. 1974. Information on Levels of Environmental Noise Requisite to Protect Public Health and Welfare with an Adequate Margin of Safety.

World Health Organization 2017. Electromagnetic fields (EMF). What are electromagnetic fields? Available: http://www.who.int/peh-emf/about/WhatisEMF/en/index1.html Accessed: October 18, 2017.

Chapter 4 Cumulative Impacts TransCanada Pipelines Limited (TransCanada). 2014. Gulf Coast Pipeline Project. http://www. transcanada.com/gulf-coast-pipeline-project.html

U.S. Department of State. 2011. Final Environmental Impact Statement Keystone XL Project. Issued August 26, 2011. http://keystonepipeline-xl.state.gov/archive/dos_docs/feis/

Exp Energy Services Inc. 2012. Final Environmental Assessment: TransCanada Keystone Pipeline, LP’s Gulf Coast Pipeline Project (ABB Range in Oklahoma). Prepared for TransCanada Keystone Pipeline, LP. October 29. 98 pp. http://www.fws.gov/southwest/es/oklahoma/ documents/te_species/keystone/final%20keystone%20ea%2020121029.pdf

Enercon Services, Inc. 2012. Final Habitat Conservation Plan: TransCanada Keystone Pipeline, LP Gulf Coast Project. Prepared for TransCanada Keystone Pipeline, LP. October. 80 pp. http://www.fws.gov/southwest/es/oklahoma/documents/te_species/keystone/final%20keyst one%20hcp%20with%20figures%20053087%2020121029.pdf

U.S. Fish and Wildlife Service (USFWS). 2012. Biological Opinion for the TransCanada Keystone Pipeline, LP Habitat Conservation Plan – Permit TE-80492A (Consultation No. 2012-F-1345). Ecological Services, Albuquerque, NM. 61 pp.

USFWS. 2013. Biological Opinion on Enbridge Pipelines (FSP) L.L.C.’s Flanagan South Pipeline Project. July 24, 2013. USFWS Midwest Regional Office, Bloomington, MN. viii + 78 pp.

Peacock, L.N. 2014. “Crude oil pipeline planned, would pass through three Game and Fish wildlife management areas.” Arkansas Times, March 20, 2014. Accessed December 12, 2017. Available

American Electric Power Habitat Conservation Plan September 2018 B-13 Environmental Impact Statement

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online: http://www.arktimes.com/arkansas/crude-oil-pipeline-planned-would-pass-throug h- three-g ame-and-fish-wildlife-management-areas/Content?oid=3247516

Tallgrass Energy. 2014. Pony Express Pipeline (PXP). http://www.tallgrassenergylp.com/ Pipelines/PonyExpress/

Federal Highway Administration. 2017a. Congressional High Priority Corridors on the National Highway System. Available: https://www.fhwa.dot.gov/Planning/national_highway_system/high_priority_corridors/hiprim ap_lg.jpg. Accessed: December 11, 2017.

Federal Highway Administration. 2017b. High Priority Corridors Designated as Future Interstates by Congress. Available: https://www.fhwa.dot.gov/Planning/national_highway_system/high_priority_corridors/hbcfi_l g.jpg. Accessed: December 11, 2017.

American Electric Power Habitat Conservation Plan September 2018 B-14 Environmental Impact Statement

Appendix C Regulatory Context

Appendix C Regulatory Context

This appendix provides background on the regulatory context for the Environmental Impact Statement (EIS) and resources addressed in the EIS.

C.1 Regulatory Context Related to the Incidental Take Permit, Habitat Conservation Plan, and Environmental Impact Statement C.1.1 National Environmental Policy Act The National Environmental Policy Act (NEPA) serves as the nation’s basic charter for determining how federal decisions affect the human environment. Issuance of an incidental take permit (ITP) is a major federal action subject to NEPA compliance. The United States Fish and Wildlife Service (Service) has prepared this EIS to evaluate the potential environmental consequences associated with the issuance of an ITP under the Habitat Conservation Plan (HCP), as well as the effects of alternatives, including a No Action Alternative.

The EIS process culminates in a Record of Decision (ROD) which will document the decision on the alternative selected for implementation; identify all alternatives considered and the environmentally preferable alternative (which is not always the same as the alternative selected); explain whether practicable means to avoid or minimize environmental harm from the alternative selected have been adopted, and if not, why they were not; and summarize the monitoring and enforcement program, where applicable, for mitigation. C.1.2 Federal Endangered Species Act The purpose of the federal Endangered Species Act (ESA) is to provide a means whereby the ecosystems upon which threatened and endangered species depend may be conserved, and to provide a program for the conservation of such species. The Service and National Oceanic and Atmospheric Administration (NOAA) Fisheries administer the ESA and have the responsibility to conserve and protect threatened and endangered species. NOAA Fisheries is responsible for enforcing provisions of the ESA for most marine species, including anadromous fish. The American burying beetle (ABB)—the only species covered in the HCP—is under the jurisdiction of the Service; we are responsible for terrestrial and freshwater organisms under the ESA.

Per the ESA, the Service may issue permits to authorize incidental take of listed fish and wildlife species. Section 10(a)(1)(B) defines incidental take as take that is “incidental to, and not the purpose of the carrying out of an otherwise lawful activity.” The section also contains provisions for issuing an ITP to non-federal entities for the take of endangered and threatened species, provided the following criteria are met:

 The taking will be incidental to an otherwise lawful activity.

American Electric Power Habitat Conservation Plan September 2018 C-1 Environmental Impact Statement

U.S. Fish and Wildlife Service Regulatory Context

 The applicant will, to the maximum extent practicable, minimize and mitigate the impact from such taking.

 The applicant will develop an HCP and ensure adequate funding for the plan will be provided.

 The taking will not appreciably reduce the likelihood of the survival and recovery of the species in the wild.

 The applicant will carry out any other measures the Secretary of the Interior may require as being necessary or appropriate for the purposes of the HCP (e.g., implementation agreement, conservation easements, and financial endowments).

Regulations governing permits for endangered and threatened species are found at 50 CFR §§ 13, 17.22, and 17.32. We also consider guidance and policy provided in the Handbook for Habitat Conservation Planning and Incidental Take Permitting Process (FWS and NOAA Fisheries 2016) during development, review, and implementation of habitat conservation plans. C.1.3 Applicable State Regulations Each state in the Plan Area has different regulatory requirements for electrical utility operations and development activities. Table C-1 summarizes the transmission line siting requirements for each state in the Plan Area. The proceeding sections describe the endangered species regulations for each state in the Plan Area.

Table C-1. State Regulatory Requirements for Siting Transmission Lines

State Regulation or Statute Description Arkansas Arkansas Code Annotated Title 23, The Arkansas Public Service Commission Subtitle 1, Chapter 3, Subchapter 2, requires a Certificate of Public Convenience Certificates of Convenience and and Necessity for all electric transmission Necessity; lines. A more extensive process requiring an Utility Facility Environmental and environmental analysis and review is Economic Protection Act Chapter 18 needed for lines ≥ 100 kV and > 10 miles in Subchapter 5; length and for lines ≥ 170 kV and > 1 mile in Arkansas Public Service Commission length. These types of facilities require a Rules of Practice and Procedure, Section Certificate of Environmental Compatibility 7 and Public Need Oklahoma Oklahoma Statutes Title 11 and Title 27 There are no statewide requirements for electric transmission lines in Oklahoma. Other state agency approvals are typically not required. In some cases, such as when a line crosses a wetland or navigable water, federal requirements may apply. Texas Chapter 25.101 Substantive Rules The Texas Public Utilities Commission of Applicable to Electric Service Providers; Texas approves all electric utility Public Utility Regulatory Act Chapter 37 transmission lines that are > 60 kV. Other Section 37.051-057 state agencies such as Texas Parks and Wildlife Department may become involved as necessary. Source: Edison Electric Institute 2013. kV = kilovolt

American Electric Power Habitat Conservation Plan September 2018 C-2 Environmental Impact Statement

U.S. Fish and Wildlife Service Regulatory Context

Arkansas Endangered Species Act The Arkansas Game and Fish Commission is charged by State Constitution Amendment No. 35 with “[t]he control, management, restoration, conservation and regulation of birds, fish, game, and wildlife resources of the State.” Under the Arkansas Endangered Species Act, it is unlawful to import, transport, sell, purchase, hunt, harass, or possess any threatened or endangered species of wildlife or parts (including without limitation those species listed under the ESA, 50 CFR §§ 17.11, 17.12, and Addendum Chapter P1.00). The ABB is listed as endangered in Arkansas.

Oklahoma Wildlife Conservation Code Oklahoma statute Title 29 Game and Fish, gives the state authority to list wildlife species as threatened or endangered within the state of Oklahoma. Currently, Oklahoma has listed four species as threatened or endangered. They are all aquatic species and occur in one or more counties in the Plan Area. The ABB is not listed as threatened or endangered by the state of Oklahoma. Under Title 29 §5-412, “no person may possess, hunt, chase, harass, capture, shoot at, wound or kill, take or attempt to take, trap or attempt to trap any endangered or threatened species or subspecies without specific written permission of the Director.”

Texas Threatened and Endangered Species Act In 1973, the Texas legislature authorized the Texas Parks and Wildlife Department (TPWD) to establish a list of endangered animals in the state. Endangered species are those species that the Executive Director of TPWD has named as being “threatened with statewide extinction.” Threatened species are those species that the TPWD Commission has determined likely to become endangered in the future. Regulations pertaining to endangered or threatened animal species are contained in TPWD Code Chapters 67 and 68 and Texas Administrative Code Title 31 §§ 65.171-.176.

TPWD regulations prohibit the taking, possession, transportation, or sale of any of the animal species designated by state law as endangered or threatened without the issuance of a permit. State laws and regulations prohibit commerce in threatened and endangered plants and the collection of listed plant species from public land without a permit issued by TPWD. The ABB is not listed as threatened or endangered under Texas law.

American Electric Power Habitat Conservation Plan September 2018 C-3 Environmental Impact Statement

U.S. Fish and Wildlife Service Regulatory Context

C.2 Regulatory Context Related to the Affected Environment and Environmental Consequences of the Resource Areas C.2.1 Biological Resources

Table C-2. Biological Resources Regulatory Overview

Location in U.S.C or Implementing Oversight Law or EO FR Regulation Agency Summary Bald and Golden 16 U.S.C. 50 CFR Part 22 Service Protects bald and golden Eagle Protection Act 668 et seq. eagles from the unauthorized capture, purchase, or transportation of the birds, their nests, or their eggs. Endangered Species 16 U.S.C. 50 CFR Parts Service; NOAA Provides a means whereby Act 1531– 17 and 402 Fisheries the ecosystems upon which 1544 threatened and endangered species depend may be conserved, and provides a program for the conservation of such species. Migratory Bird 16 U.S.C. 50 CFR Part 21 Service Protects migratory birds by Treaty Act 703 et seq. prohibiting intentional taking, selling, or conducting other activities that would harm migratory birds, their eggs, or nests, unless authorized under a special permit. Arkansas Not Not applicable Arkansas Gives the state the authority Endangered Species applicable Game and Fish to list a wildlife species as Act (Arkansas Game Commission endangered within the state. and Fish Code Book, Addendum Chapter P1.00) Oklahoma Wildlife Not Not applicable Oklahoma Gives the state the authority Conservation Code applicable Department of to list a wildlife species as (Oklahoma Statute Wildlife threatened or endangered Title 29, Game & Conservation within the state. Fish) Texas Parks & Not Not applicable Texas Parks Gives the state the authority Wildlife Code, applicable and Wildlife to list a wildlife species as Chapter 68; Texas Department threatened or endangered Administrative within the state. Code, Part 2, Chapter 65, Subchapter G, Rules §65.171–65.176

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Location in U.S.C or Implementing Oversight Law or EO FR Regulation Agency Summary EO 13112, Invasive 64 FR Not applicable Not applicable Federal agencies whose Species 6183, actions may affect the status (February of invasive species are 8, 1999) directed to use relevant programs and authorities, to the extent practicable and subject to available resources, to prevent the introduction of invasive species, and to provide for the restoration of native species and habitat conditions in ecosystems that have been invaded. EO 13186, 66 FR Not applicable Not applicable Directs Federal agencies to Responsibilities of 3853, take action to further Federal Agencies to (January implement the Migratory Bird Protect Migratory 17, 2001) Treaty Act. Birds CFR = Code of Federal Regulations; EO = Executive Order; FR = Federal Register; NOAA Fisheries = National Oceanic and Atmospheric Administration Fisheries; U.S.C. = United States Code; Service = U.S. Fish and Wildlife Service

C.2.2 Climate and Air Quality

 Environmental Protection Agency Mandatory Reporting of Greenhouse Gases Rule (40 Code of Federal Regulations [CFR] Part 98). Requires monitoring, reporting, and recordkeeping of greenhouse gas (GHG) emissions from suppliers of fossil fuels and facilities that emit greater than or equal to 25,000 metric tons (about 27,600 U.S. tons) of GHGs per year and greater than 30 million British thermal units per hour.

 Clean Air Act (42 U.S.C. Section 7401 et seq.). The Clean Air Act (CAA), as amended, is the primary Federal legislation that addresses air quality. The CAA requires EPA develop and enforce regulations to protect the public from air pollutants and their health impacts. Major programs under the CAA are described below.

 National Ambient Air Quality Standards (Table C-3). The National Ambient Air Quality Standards (NAAQS) specify the maximum acceptable ambient concentrations for six criteria air pollutants: carbon monoxide (CO), lead (Pb), nitrogen dioxide (NO2), ozone (O3), particulate matter up to 10 micrometers in size (PM10), particulate matter up to 2.5 micrometers in size (PM2.5), and sulfur dioxide (SO2). Under CAA Sec. 172, in nonattainment and maintenance areas the state must develop a State Implementation Plan that demonstrates how the area would reach attainment by the required date, and the plan must be approved by EPA.

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Table C-3. National Ambient Air Quality Standards

Primary Standards Secondary Standards Pollutant Levela Averaging Time Levela Averaging Time Carbon monoxide (CO) 9 ppm (10 8 hoursb None mg/m3) 35 ppm (40 1 hourb mg/m3) Lead 0.15 µg/m3 Rolling 3-month Same as primary standards average

Nitrogen dioxide (NO2) 0.053 ppm (100 Annual (arithmetic Same as primary standards µg/m3) mean) 0.100 ppm (188 1 hourc None µg/m3) Particulate matter (PM10) 150 µg/m3 24 hoursd Same as primary standards Particulate matter (PM2.5) 12.0 µg/m3 Annual (arithmetic 15.0 µg/m3 Annual mean)e (arithmetic mean)e 35 µg/m3 24 hoursf Same as primary standards Ozone 0.070 ppm 8 hoursg Same as primary standards

Sulfur dioxide (SO2) 0.075 ppm (200 1 hourh 0.5 ppm (1,300 3 hoursb µg/m3) µg/m3) Notes: a Units of measure for the standards are parts per million (ppm) by volume, milligrams per cubic meter of air (mg/m3), and micrograms per cubic meter (µg/m3) of air. b Not to be exceeded more than once per year. c To attain this standard, the 3-year average of the 98th percentile of the daily maximum 1-hour average NO2 concentrations at each monitor within an area must not exceed 0.100 ppm (effective January 22, 2010). d Not to be exceeded more than once per year on average over 3 years. e To attain this standard, the 3-year average of the weighted annual mean PM2.5 concentrations from single or multiple community-oriented monitors must not exceed 12.0 µg/m3 for the primary standard and 15.0 µg/m3 for the secondary standard. f To attain this standard, the 3-year average of the 98th percentile of 24-hour PM2.5 concentrations at each population-oriented monitor within an area must not exceed 35 µg/m3 (effective December 17, 2006). g To attain this standard, the 3-year average of the fourth-highest daily maximum 8-hour average ozone concentrations measured at each monitor in an area over each year must not exceed 0.070 ppm (effective December 28, 2015). h To attain this standard, the 3-year average of the 99th percentile of the daily maximum 1-hour average SO2 concentrations must not exceed 0.075 ppm. Source: 40 CFR Part 50, as presented in EPA 2017. ppm = parts per million; mg/m3 = milligrams per cubic meter of air; µg/m3 = micrograms per cubic meter; CFR = Code of Federal Regulations; EPA = U.S. Environmental Protection Agency; PM10 = particulate matter with a nominal aerodynamic diameter equal to or less than 10 microns; PM2.5 = particulate matter with a nominal aerodynamic diameter equal to or less than 2.5 microns

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 Hazardous Air Pollutants. The CAA requires EPA to regulate hazardous air pollutants (HAPs) through emission standards. Certain HAPs are associated with mobile (transportation) sources including construction equipment and motor vehicles.

 General Conformity Rule. The EPA General Conformity Rule (40 CFR Part 93, Subpart B) prohibits Federal entities from taking actions in nonattainment or maintenance areas that do not conform to the State Implementation Plans for those areas. The rule establishes emissions thresholds, known as de minimis levels, for use in evaluating the conformity of a project’s pollutants and their health impacts.

 Prevention of Significant Deterioration. The Prevention of Significant Deterioration program protects certain lands designated as mandatory Federal Class I areas because air quality is a special feature of the area. EPA has designated all other areas in the United States as Class II. In general, if a new major stationary source is located within 62 miles (100 kilometers) of a Class I area, its impacts on concentrations of criteria pollutants in the Class I area must be determined. In addition to criteria pollutant concentrations, damage to plants and ecosystems from O3 and PM2.5, visibility or regional haze, and acidic deposition are of concern in Class I areas.

 Visibility. EPA regulates visibility under the PSD program and the Regional Haze Regulations (40 CFR Part 51.300 et seq.). Visibility impacts occur when emissions absorb and scatter light in the atmosphere, causing haze and reducing the clarity of views.

 Regional Haze Rule. The EPA Regional Haze Rule (Section 169A of CAA, 40 CFR Parts 51 and 52) sets goals for visibility in many national parks, wilderness areas, and international parks and provides a comprehensive visibility protection program for mandatory Federal Class I areas.

 Acidic Deposition. To assess lake acidification, Federal land management agencies apply thresholds based on guidance from the U.S. Forest Service and other agencies.

 Air Quality Permit Requirements and Emission Standards. Each of the states in the Plan Area regulates air quality by means of permitting and other programs and may implement certain EPA regulations as well. Stationary emission sources (e.g., industrial plants) must obtain air quality permits from the state air quality agency whether they are located in attainment or nonattainment areas. To be granted the permit, the facility must demonstrate that its emissions would not cause or contribute to a violation of the NAAQS, and that certain stationary sources meet emissions limits specified in EPA New Source Performance Standards (40 CFR Part 60). There is no such permit requirement for mobile sources such as construction equipment and motor vehicles. The following regulations define the air quality programs of each state in the Plan Area.

 Oklahoma Department of Environmental Quality (Oklahoma Administrative Code 252:100 Air Pollution Control)

 Texas Commission on Environmental Quality (30 Texas Administrative Code 101, 106, 111– 118)

 Arkansas Department of Environmental Quality (Arkansas Pollution Control and Ecology Commission Regulations 7, 9, 18, 19, 21, 26, 31, 33)

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C.2.3 Water Resources

Table C-4. Water Resources Regulatory Overview

Regulation Summary Federal Clean Water Act Establishes the basic structure for regulating the discharge of pollutants into waters of the United States.a The sections of the CWA most applicable to the effects of ground disturbance activities are Section 303(d), Section 404, Section 401, and Section 402, which establishes the NPDES permit program. Rivers and Protects the navigability of waters used for commerce in the United States. Harbors Act Section 10 prohibits any work in, over, or under a navigable waters of the United States unless permitted by the U.S. Army Corps of Engineers (Corps). National Flood Established the National Flood Insurance Program, a voluntary floodplain Insurance Act management program for communities (cities, towns, or counties), and implemented by Federal Emergency Management Agency (FEMA). Any action within a FEMA-mapped floodplain in a participating community must follow the community’s FEMA-approved floodplain management regulations. Executive Order Requires Federal agencies to “avoid to the extent possible the long and short 11990, Protection term adverse impacts associated with the destruction or modification of of Wetlands wetlands and to avoid direct or indirect support of new construction in wetlands wherever there is a practicable alternative.” This Executive Order does not apply to the issuance by Federal agencies of permits, licenses, or allocations to private parties for activities involving wetlands on non-Federal property. Executive Order To reduce the risk of flood loss, to minimize impact of floods on human safety, 11988, Floodplain health and welfare, and to restore and preserve the natural and beneficial values Management served by floodplains. To meet these objectives, each agency has the responsibility to evaluate the potential effects of its actions on floodplains. Applies to management of federal lands and facilities; federally undertaken, financed, or assisted construction and improvements; and federal activities and programs affecting land use, including land resource planning, regulating, and licensing activities. State Oklahoma Requires a permit be applied for and obtained prior to diversion of surface Administrative water. Establishes surface water protection measures through water Codes: Sections classification, beneficial use designations, and numerical and narrative criteria 785:20 and 785:45 to maintain and protect such classifications Arkansas Water Prohibits the pollution of any of the waters of Arkansas or to place or cause to be and Air Pollution placed any sewage, industrial waste or other wastes in a location where it is Control Act likely to cause pollution of any waters of Arkansas. Texas Establishes water quality criteria applicable to all surface waters of the state Administrative unless exempted. Also establishes the state’s anti-degradation policy and Code: 30-1-307 implementation procedures that apply to regulated actions that could cause pollution of state waters. a See 40 CFR 230.3 and 33 CFR 328 for definition of waters of the United States.

C.2.4 Soils There are no Federal laws or Executive Orders governing the protection of soils.

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C.2.5 Cultural Resources The following are common federal and state regulations and statutes that are relevant to the analysis of cultural resources in this EIS.

National Historic Preservation Act (16 U.S.C. Section 470 et seq.). Establishes the Federal policy on historic preservation and the programs, including the National Register of Historic Places (NRHP), through which this policy is implemented. Under the National Historic Preservation Act (NHPA), significant cultural resources are referred to as historic properties and include any prehistoric or historic district, site, building, structure, object, or landscape included in, or determined eligible for inclusion in, the NRHP. Section 101(d)(6)(A) of the NHPA allows properties of traditional religious and cultural importance to a Native American tribe to be determined eligible for NRHP inclusion. This act also established the Advisory Council on Historic Preservation (ACHP), an independent agency responsible for implementing Section 106 of NHPA by developing procedures to protect cultural resources included in, or eligible for inclusion in, the NRHP. Regulations are published in 36 CFR Parts 60, 63, 800.

The implementing regulations of the NHPA (36 CFR Part 800) require that effects on historic properties be taken into consideration in any Federal undertaking. The process has five steps: (1) initiating the Section 106 process, (2) identifying historic properties, (3) assessing adverse effects, (4) resolving adverse effects, and (5) implementing stipulations in an agreement document. Section 106 of NHPA affords the ACHP and the State Historic Preservation Office (SHPO), as well as other consulting parties, a reasonable opportunity to comment on any undertaking that would adversely affect historic properties.

The NRHP uses the National Register eligibility criteria (36 CFR Section 60.4) to evaluate significance. A property must meet three main standards to qualify for listing on the NRHP: age, integrity, and significance. To meet the age criteria, a property generally must be at least 50 years old. To meet the integrity criteria, a property must “possess integrity of location, design, setting, materials, workmanship, feeling, and association” (36 CFR 60.4). Finally, a property must be significant according to one or more of the following criteria.

 Criterion A: Be associated with events that have made a significant contribution to the broad patterns of our history.

 Criterion B: Be associated with the lives of persons significant in our history.

 Criterion C: Embody the distinctive characteristics of a type, period, or method of construction, or represent the work of a master, or possess high artistic values, or represent a significant and distinguishable entity whose components may lack individual distinction.

 Criterion D: Have yielded, or may be likely to yield, information important in prehistory or history.

The Service’s Habitat Conservation Planning and Incidental Take Permit Processing Handbook (U.S. Fish and Wildlife Service and National Marine Fisheries Service 2016) contains specific guidance on how the Service should conduct NHPA Section 106 compliance in its issuance of incidental take permits.

Archaeological and Historic Preservation Act (16 USC Sections 469 to 469(c)-2). Provides for preserving significant historic or archaeological data that may otherwise be irreparably lost or

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destroyed by construction of a project by a Federal agency or under a federally licensed activity or program.

Archaeological Resource Protection Act of 1979. Ensures that specific requirements must be met prior to receiving a permit to remove or excavate any archaeological resource on Federal or Indian lands. Section 5 of the act states the curation conditions for any objects removed or excavated.

American Antiquities Act (16 USC Sections 431 to 433). Prohibits appropriation, excavation, injury, or destruction of “any historic or prehistoric ruin or monument, or any object of antiquity” located on lands owned or controlled by the Federal government. The act also establishes penalties for such actions and sets forth a permit requirement for collection of antiquities on federally owned lands.

Native American Graves Protection and Repatriation Act. Explains rights with respect to the treatment and disposition of Native American human remains, sacred objects, and funerary objects.

American Indian Religious Freedom Act (42 USC Section 1996). Protects and preserves the traditional religious rights and cultural practices of American Indians, Eskimos, Aleuts, and Native Hawaiians. The act requires policies of all governmental agencies to respect the free exercise of Native religion and to accommodate access to and use of religious sites to the extent that the use is practicable and is not inconsistent with an agency's essential functions.

Oklahoma Antiquities Law (Oklahoma Statute Chapter 20 Section 361). Protects archaeological sites on state-owned land in Oklahoma, requiring all excavations to be performed by trained and permitted researchers as well as all artifacts recovered to be curated in an Oklahoma museum or repository.

Oklahoma Burial Desecration Law (Oklahoma Statute Chapter 47 Section 1168.0–1168.6). Protects human remains and associated burial goods in unmarked graves on both state and privately owned land in Oklahoma from disturbance, purchase, or selling of human skeletal remains or associated items from unmarked graves. Encounter of unmarked graves requires the cessation of any further disturbance activities and the reporting of the find to an appropriate law enforcement officer in the county where the remains are found.

Arkansas Code Act 58 of 1967. Protects and preserves Arkansas’ archaeological heritage, its antiquities, artifacts, and sites on land owned or controlled by the state, its agencies, departments, and institutions by requiring all state agencies to cooperate fully with the Arkansas Archaeological Society in the preservation, protection, excavation, and evaluation of artifacts and sites.

Arkansas Code Act 753 of 1991. Prohibits the desecration of human skeletal burial remains in unregistered cemeteries as well as the trade or commercial display of human skeletal burial remains or associated burial furniture. The act also requires that all human burials and human skeletal burial remains be accorded equal treatment and respect for human dignity without reference to their ethnic origins, cultural backgrounds, religious affiliations, or date of burial.

The Antiquities Code of Texas (Natural Resources Code, Title 9, Chapter 191, as amended). Forbids the collection or excavation of artifacts on state and political subdivision lands without a permit issued to a qualified professional archaeologist. The Code also establishes the designation of State Antiquities Landmarks, under which eligible landmarks receive legal protection.

Texas Administrative Code Title 13, Part 2, Chapter 22, Cemeteries. Requires the cessation of construction if one or more graves are discovered during construction of improvements on a

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property and may only proceed in a manner that would not further disturb the grave or graves unless they are removed in accordance with the Texas Administrative Code Title 13, Part 2, Chapter 22, Rule 22.5. C.2.6 Visual Resources Analysis of potential impacts on visual resources from changes to the characteristic landscape are required by the National Environmental Policy Act (NEPA) and Council on Environmental Quality regulations. The following sections of NEPA relate to the human environment and aesthetics. (Section 101-b) In order to carry out the policy set forth in this Act, it is the continuing responsibility of the Federal Government to use all practicable means, consistent with other essential considerations of national policy, to improve and coordinate Federal plans, functions, programs, and resources to the end that the Nation may— (2) assure for all Americans safe, healthful, productive, and esthetically and culturally pleasing surroundings; (Section 102-2) all agencies of the Federal government shall— (A) utilize a systematic, interdisciplinary approach which will insure the integrated use of the natural and social sciences and the environmental design arts in planning and in decision making which may have an impact on man’s environment; (B) include in every recommendation or report on proposals for legislation and other major Federal actions significantly affecting the quality of the human environment, a detailed statement by the responsible official on— (i) the environmental impact of the proposed action,

(ii) any adverse environmental effects which cannot be avoided should the proposal be implemented C.2.7 Land Use The Farmland Protection Policy Act of 1981 requires that Federal agencies and programs minimize conversion of farmland to nonagricultural uses (7 U.S.C. Chapter 73).

Additionally, land use in the Plan Area is governed at the Federal, state, and local levels through land use or management plans and zoning laws and regulations. C.2.8 Traffic and Transportation Vehicles on the interstate highway system may not exceed weight and size limits established by the Federal Highway Administration (Federal Highway Administration 2003). State departments of transportation typically set size and weight limits for vehicles traveling on state roads and permits are required for vehicles exceeding those limits. The following regulations define the traffic and transportation programs of each state in the Plan Area.

 47 Oklahoma Statute Section 47-14. Regulates size, weight, and load of vehicles traveling on state roads in Oklahoma.

 43 Texas Administrative Code 219. Regulates size, weight, and load of vehicles traveling on state roads in Texas.

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 Arkansas Code Title 27-35. Regulates size, weight, and load of vehicles traveling on state roads in Arkansas.

In addition, counties within the Plan Area may require permits for oversize or overweight vehicles. C.2.9 Socioeconomics and Environmental Justice Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations, instructs agencies to identify and address disproportionately high and adverse human health or environmental effects of its program, policies, and activities on minority and low-income populations. The Council on Environmental Quality Environmental Justice Guidance under the National Environmental Policy Act provides guidance for agencies in complying with EO 12898 within the NEPA process (Council on Environmental Quality 1997). C.2.10 Public Health and Safety The OSHA standards 1910 (general industry) and 1926 (construction) provide industry guidelines for worker safety and accident prevention (29 CFR Parts 1910 and 1926). These standards apply to general construction activities as well as electric power generation, transmission, and distribution.

The International Building Code is a model building code developed by the International Code Council and has been adopted by Oklahoma, Texas, and Arkansas. The International Building Code provides general health and safety standards for all construction activities, including construction and maintenance activities on electrical transmission lines and associated infrastructure.

Additionally, various counties and local municipalities in the Plan Area have established building and electrical regulations that govern the standards and safety practices of all general construction and electrical work within their jurisdiction.

Many states and local jurisdictions have property line-based noise level limits set for daytime and nighttime, with lower nighttime noise limits to account for people’s increased sensitivity at night. Such property-line noise level limits are often expressed as a single value in terms of A-weighted decibels (dBA). However, the exact manner in which this is handled varies by jurisdiction. The EPA has also evaluated general public response to changes in noise levels (i.e., relative noise impacts) (U.S. Environmental Protection Agency 1974). In general, an increase above existing ambient noise levels of 5 decibels (dB) would be noticeable to most people and would be expected to elicit widespread complaints. An increase of 20 dB would be expected to result in vigorous community response. An increase of ambient noise levels of less than 3 dBA is generally considered insubstantial.

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Appendix D Final Scoping Report

Final Scoping Report for the American Electric Power Habitat Conservation Plan Environmental Impact Statement

May 2017

U.S. Fish and Wildlife Service Oklahoma Ecological Services Field Office

FINAL

Scoping Report for the American Electric Power Habitat Conservation Plan Environmental Impact Statement

U.S. Fish and Wildlife Service Oklahoma Ecological Services Field Office 9014 E. 21st Street Tulsa, OK 74129 Contact: Larry Levesque May 2017

Contents

Acronyms and Abbreviations ...... ii Chapter 1 Introduction ...... 1-1 1.1 Proposed Action Overview ...... 1-1 1.2 Purpose of the Proposed Action ...... 1-2 1.3 NEPA Compliance ...... 1-3 Chapter 2 Scoping Activities ...... 2-1 2.1 Scoping Notification ...... 2-1 2.1.1 Notice of Intent ...... 2-1 2.1.2 News Release ...... 2-1 2.1.3 Public Notice ...... 2-1 2.1.4 Stakeholder Notification ...... 2-1 2.1.5 Tribal Notification ...... 2-2 2.1.6 Service Websites ...... 2-2 2.2 Public Scoping Meetings ...... 2-2 Chapter 3 Summary of Comments Received ...... 3-1 3.1 Comment Summary ...... 3-1 Chapter 4 Next Steps in Planning Process ...... 4-1

Appendix A Notification Materials Appendix B Scoping Meeting Materials Appendix C Scoping Comments

Scoping Report for the American Electric Power Habitat May 2017 Conservation Plan Environmental Impact Statement i

Acronyms and Abbreviations

ABB American burying beetle AEP American Electric Power CFR Code of Federal Regulations EIS Environmental Impact Statement ESA Endangered Species Act of 1973, as amended FR Federal Register HCP Habitat Conservation Plan ICF ICF, consultant to the U.S. Fish and Wildlife Service ITP incidental take permit NEPA National Environmental Policy Act NOI Notice of Intent Service U.S. Fish and Wildlife Service USC United States Code

Scoping Report for the American Electric Power Habitat May 2017 Conservation Plan Environmental Impact Statement ii

Chapter 1 Introduction

1.1 Proposed Action Overview

The U.S. Fish and Wildlife Service (Service) is preparing an Environmental Impact Statement (EIS) to evaluate the potential impacts associated with issuance of an incidental take permit (ITP) under the Endangered Species Act of 1973, as amended (ESA), for the proposed American Electric Power (AEP) Habitat Conservation Plan (HCP). AEP is preparing an HCP because their activities associated with construction, operation, and/or maintenance of electrical transmission and distribution lines have the potential to incidentally take the endangered American burying beetle (Nicrophorus americanus [ABB]) known to occur in the Plan Area, which includes sixty-two counties in eastern Oklahoma, western Arkansas, and northeastern Texas. AEP has requested incidental take coverage for the ABB, which is protected as endangered under the ESA.

The activities covered under the AEP HCP, referred to as Covered Activities, include activities associated with construction, operation, and/or maintenance of electrical transmission and distribution lines or other associated infrastructure that will occur in the Plan Area. A preliminary list of covered activities includes:

• Electric Transmission and Distribution Lines: Operations and maintenance activities o Facility inspections, including land surveys and engineering assessments conducted prior to new and/or rebuild construction o Emergency response and outage repair o Vegetation management o Insulator replacement o Structure maintenance o Underground electric maintenance • Electric Transmission and Distribution Lines: New construction and rebuilds

o Construction of new above-ground electric lines o Line upgrades o Support facilities construction o Access road construction • Implementation of the Conservation Strategy

o On-site restoration after construction o Purchase of mitigation bank credits off-site o Species monitoring o Other actions (TBD) The proposed term of the AEP HCP is 30 years. AEP has requested a 30-year permit term to provide sufficient take coverage for its electric transmission and distribution system as well as to allow for sufficient conservation of species.

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U.S. Fish and Wildlife Service Introduction

The EIS will evaluate the environmental impacts resulting from the issuance of an ITP for the AEP HCP, as well as reasonable alternatives to the proposed action.

1.2 Purpose of the Proposed Action The purpose of the federal action is to review and approve a request for an ITP for the AEP HCP which, if granted, would authorize the incidental take of the endangered ABB resulting from electric transmission and distribution activities within the Plan Area. The purpose of the ITP issuance is to comply with the ESA by providing protection and conservation of certain listed species while enabling AEP to conduct legally authorized activities associated with their electric power operations. The ITP would also require implementation of the HCP.

Section 9 of ESA (16 United States Code [USC] 1531 et seq.) and its implementing regulations prohibit the take of animal species listed as endangered or threatened. The term take is defined in the ESA as: “to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or attempt to engage in such conduct” (16 USC 1532(19)). Harass is further defined in the Service’s regulations as “an intentional or negligent act or omission which creates the likelihood of injury to wildlife by annoying it to such an extent as to significantly disrupt normal behavioral patterns which include, but are not limited to, breeding, feeding, or sheltering” (50 Code of Federal Regulations [CFR] 17.3). Harm is further defined in the Service’s regulations as “an act which actually kills or injures listed wildlife. Such an act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding, and sheltering” (50 Code of Federal Regulations [CFR] 17.3).

Under Section 10(a) of ESA, the Service may issue permits to authorize incidental take of listed animal species. Incidental take is defined by the ESA as take that is "…incidental to, and not the purpose of, the carrying out of an otherwise lawful activity” (50 CFR 17.3). Section 10(a)(1)(B) of ESA contains provisions for issuing ITPs to non-federal entities for take of endangered and threatened species, provided the applicant prepares a conservation plan (ESA Section 10(a)(2)(A)) and satisfies the issuance criteria provided in ESA Section 10(a)(2)(B), which require that: • The taking will be incidental. • The applicant will, to the maximum extent practicable, minimize and mitigate the impacts of such taking. • The applicant will ensure that adequate funding for the HCP and procedures to deal with unforeseen circumstances will be provided. • The taking will not appreciably reduce the likelihood of survival and recovery of the species in the wild. • The applicant will ensure that other measures that the Service may require as being necessary or appropriate will be provided. • The Service has received such other assurances as may be required that the HCP will be implemented.

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U.S. Fish and Wildlife Service Introduction

1.3 NEPA Compliance The National Environmental Policy Act (NEPA) states that any federal agency undertaking a “major federal action” likely to “significantly affect the quality of the human environment” must prepare an EIS (42 USC 4332(2)(C)). Significance is determined by evaluating the context and intensity of impacts, as defined in 40 CFR 1508.27. Based on these guidelines, the Service determined that issuance of an ITP under the proposed AEP HCP may have significant effects on the human environment and requires preparation of an EIS before a decision to issue federal permits is made.

The EIS will consider the impacts of the proposed action—the issuance of an ITP—on the human environment. The EIS will also include analysis of a reasonable range of alternatives to the proposed action. Alternatives considered in the EIS may include, but are not limited to, variations in the permit term or permit structure; the quantity of take permitted; the amount, location, and/or type of conservation, monitoring, or mitigation provided in the AEP HCP; the scope of Covered Activities; or a combination of these. Additionally, a No Action Alternative will be evaluated in the EIS. The No Action Alternative provides a baseline for comparing the effects of the proposed action and other action alternatives considered in the EIS. The first formal step in the NEPA process is the scoping phase. The primary purpose of the scoping process is to provide interested parties such as the public, organizations, and agencies an opportunity to assist in developing the scope of the EIS analysis by identifying important issues and alternatives related to the proposed action that should be considered in the NEPA document.

This report summarizes comments, feedback, and input received during the 30-day scoping period for the AEP HCP EIS. The scoping period for this effort began January 19, 2017 and closed on February 21, 2017.

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Chapter 2 Scoping Activities

2.1 Scoping Notification The scoping period was announced through a Notice of Intent (NOI) published in the Federal Register, through email distribution to stakeholders, through a news release distributed to regional and local media, and through a public noticed placed in several newspapers within the Plan Area. As noted above, the scoping period began January 19, 2017 and closed on February 21, 2017. 2.1.1 Notice of Intent The Service published an NOI in the Federal Register (www.federalregister.gov) on January 19, 2017 (82 FR 6625). The NOI provides background information on the proposed action, the HCP, ESA, and NEPA processes, as well as information on how to participate in the EIS scoping process. A copy of the NOI is provided in Appendix A. 2.1.2 News Release A news release was posted on the Service’s Oklahoma, Arkansas, and Texas Field Office websites January 19, 2017. The new release announced the scoping phase of the EIS, the dates and locations of public scoping meetings and information on how to provide written comments. A copy of the news release and the list of media outlets is provided in Appendix A. 2.1.3 Public Notice A public notice was placed in five newspapers in the Plan Area where public meetings were held. The public notice included background information on the proposed action and the scoping phase of the EIS, the dates and locations of public scoping meetings and information on how to provide written comments. The public notice was published in the following newspapers:

• McAlester News-Capital – Sunday, January 22, 2017

• The Oklahoman - Monday, January 23, 2017

• Southwest Times Record (Fort Smith, AR) - Monday, January 23, 2017

• Texarkana Gazette - Monday, January 23, 2017

• Tulsa World – Monday, January 23, 2017

A copy of the public notice is provided in Appendix A. 2.1.4 Stakeholder Notification A total of 116 contacts representing state and federal agencies were notified when the scoping process was initiated. The stakeholders were notified via mail or email regarding the intent to

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U.S. Fish and Wildlife Service Scoping Activities

prepare an EIS, the scoping period, and how to provide a written comment. A copy of the stakeholder email letter distributed during the scoping period is included in Appendix A. 2.1.5 Tribal Notification A notification was distributed by mail or email to 38 federally recognized Native American tribes within the three-state Plan Area of eastern Oklahoma, western Arkansas, and north-eastern Texas. The Service has contacted those tribes based on contact information gathered from past coordination and communications on other projects. The notification and list of tribal contacts are included in Appendix A. 2.1.6 Service Websites Project information was distributed as an additional means of communicating with the public. Information about the EIS and HCP, including the dates and locations of the public scoping meetings were posted on the Oklahoma Ecological Services Office website, http://www.fws.gov/southwest/es/Oklahoma/; Arkansas Ecological Services Office website, https://www.fws.gov/arkansas-es/; and Arlington, Texas, Ecological Services Office website, https://www.fws.gov/southwest/es/ArlingtonTexas/. These website links were provided in the NOI and the link to the Oklahoma Ecological Services Office was provided in the public notice.

2.2 Public Scoping Meetings Four public scoping meetings were held throughout the Plan Area in February 2017. The dates and locations of meetings are listed below.

Date and Time Facility and Address February 6, 2017 Eastern Oklahoma State College, McAlester Campus Conference Center 5:30-7:30 p.m. CST 1802 E. College Avenue, McAlester, OK 74501 February 7, 2017 Texarkana College, Levi Hall Conference Room 5:30-7:30 p.m. CST 2500 North Robison Road, Texarkana, TX 75599 February 8, 2017 River Park Events Building, West Room 5:30-7:30 p.m. CST 121 Riverfront Drive, Fort Smith, AR 72901 February 9, 2017 Central Center Auditorium 5:30-7:30 p.m. CST 1028 East 6th Street, Tulsa, OK 74120

The primary purpose of the scoping meetings was to provide information to the public regarding the anticipated ITP application, draft HCP, and the Service’s permitting process and associated environmental review and to solicit suggestions and information on the scope of issues and alternatives for the Service to consider when drafting the EIS. The public scoping meetings also provided an opportunity for the public to ask questions regarding the NEPA and ITP processes and the proposed HCP, discuss issues with Service staff, and provide written comments. Each meeting started and ended as an open house, with a brief presentation on the proposed HCP and NEPA process provided by representatives of the Service about 30 minutes into each scoping meeting. A series of display boards were provided at each meeting describing the environmental review process, public involvement and how public input is used in the process, ESA and Incidental

Scoping Report for the American Electric Power Habitat May 2017 Conservation Plan Environmental Impact Statement 2-2

U.S. Fish and Wildlife Service Scoping Activities

Take Permits, HCP covered activities and Plan Area, and NEPA analysis and alternatives. Available handouts included a frequently asked questions document and a document detailing how to participate in the process. Comment forms were also available at each scoping meeting to aid attendees in providing scoping comments. Copies of all meeting materials are available in Appendix B.

The scoping meetings were attended by a total of 18 participants including individual citizens, state and federal agency representatives, and stakeholder organizations. The number of participants at each meeting is summarized below, and some individuals attended more than one meeting.

Date February 6, 2017 February 7, 2017 February 8, 2017 February 9, 2017

City McAlester, OK Texarkana, TX Fort Smith, AR Tulsa, OK Location Eastern Oklahoma Texarkana College, River Park Events Central Center State College, Truman Arnold Building McAlester Campus Student Center Total 9 1 5 6 Attendance

For purposes of recordkeeping and documentation for the administrative record, scoping comments were required to be submitted in writing. Scoping comments were submitted in hard copy format at the public scoping meetings, via U.S. mail, or electronically via email.

Scoping Report for the American Electric Power Habitat May 2017 Conservation Plan Environmental Impact Statement 2-3

Chapter 3 Summary of Comments Received

During the scoping period, three written comments were received; one from a federal agency, one from a tribal organization, and one from a state agency. Comments were received via letter and email.

Appendix C contains a copy of all written comments received during the scoping period.

The purpose of this scoping report is to summarize the scoping comments for consideration in preparation of the EIS.

3.1 Comment Summary One comment was received from the U.S. Department of the Interior, Office of Surface Mining Reclamation and Enforcement (OSMRE), a cooperating agency for the AEP HCP EIS. The comment stated that the OSMRE completed programmatic Section 7 consultations under a 1996 Biological Opinion, which was recently updated to the 2016 Biological Opinion. These opinions resulted in the Service’s opinion that surface coal mining and reclamation operations conducted in accordance with properly implemented Federal and State regulatory programs are not likely to jeopardize the continued existence of listed or proposed species, and are not likely to result in the destruction or adverse modification of designated or proposed critical habitats. OSMRE also stated that they are currently preparing geospatial data that may be of use during the EIS scoping period and in the cumulative effects analysis. Once completed, OSMRE will provide the data to the Service via electronic transmittal.

One comment was received from the Choctaw Nation of Oklahoma, who had no comments on the ITP or NEPA process, however, did ask to receive a copy of the EIS once it is available.

The third comment received was from the Texas Parks and Wildlife Department (TPWD). TPWD provided several recommendations for consideration in the HCP and the EIS. The comments were broken into the following categories:

American Burying Beetle

• Recommends the HCP include conducting valid and current ABB presence/absence surveys for activities in areas favorable for use by the ABB in Bowie, Fannin, Lamar, and Red River counties, Texas.

• Encourages mitigation in Texas for ABB habitat impacts that occur in Texas, to protect or restore ABB habitat in Texas. Additionally, TPWD recommends mitigation to include supporting research surveying for occupied habitat, habitat restoration and/or acquisition, and establishment of conservation easements.

• Notes that TPWD is currently funding an ABB survey effort which may result in adequate knowledge of the status of ABB in Texas. If data confirms ABB presence in Texas, TPWD recommends identifying a Texas Conservation Priority Area and developing a conservation bank.

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U.S. Fish and Wildlife Service Summary of Comments Received

Additional Species: Endangered Species

• Recommends the EIS assess potential impacts to all the threatened and endangered species identified in the AEP HCP EIS Federal Register notice, the bald eagle, the golden eagle, and the threatened red knot.

• For activities in or crossing the Red River, TPWD recommends the HCP include protections of sand bar habitat, protection of potential eagle nesting trees, and survey for interior least terns and bald eagles in areas of suitable habitat prior to construction during breeding and nesting season.

Additional Species: Migratory Birds

• Requests that the EIS evaluate impacts to migratory birds and that the HCP incorporate strategies for avoiding or minimizing impacts to migratory birds.

• Suggests the HCP and EIS address artificial nighttime lighting that can attract and disorient night-migrating birds. TPWD recommends AEP retrofit substations and other lighted infrastructure to minimize night-time light needed, and that lighting be down-shielded.

Additional Species: State-listed Species and Species of Greatest Conservation Need (SGCN)

• Recommends the EIS incorporate an assessment of potential impacts to state-listed species and SGCN. SGCN guidance can be found in the Texas Conservation Action Plan (TCAP).

• TPWD suggests reviewing the TCAP statewide handbook and additional ecoregion handbook for information on important habitats and SGCN, and incorporate TCAP priority issues and conservation needs into the EIS.

• Recommends that the HCP include a provision to report encounters of state-listed species, SGCN, and rare vegetative communities in the Plan Area within Texas to the Texas Natural Diversity Database. TPWD also notes that the Texas Natural Diversity Database is based on the best data available, is updated continuously, and the absence of information in the database does not imply that a species is absent from that area.

Additional Species: Invasive Species

• Recommends the EIS address invasive species prevention and management and that the HCP include provisions regarding invasive species. Specifically, TPWD calls attention to prevention of aquatic invasive species, and suggests a revegetation and maintenance plan to monitor, treat, and control invasive species within construction and operation right-of-ways.

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Chapter 4 Next Steps in Planning Process

The Service will consider all of the public scoping comments in its development of the EIS. Public scoping comments help identify issues for analysis and alternatives within the EIS. The Service will develop a reasonable range of alternatives to the proposed action which will be carried forward for full analysis in the EIS. For each of the reasonable alternatives carried forward for full analysis, the EIS will identify potentially affected resources and assess potential impacts on each of those resources. If needed, measures to mitigate resource impacts will be included.

Following completion of the environmental review process, the Service will publish a Notice of Availability and a request for comments on the Draft EIS. The Draft AEP HCP will be released for public review and comment concurrent with the Draft EIS. A comment period of no less than 60 days will follow the publication of the Draft EIS and may include meetings to accommodate public participation. The Service will consider all comments on the Draft EIS in the preparation of the Final EIS, which will include responses to all substantive comments received. Following the comment period, the Draft EIS may be modified based on the substantive comments received.

When complete, the Final EIS and responses to substantive comments will be made available to the public for a minimum 30-day review period. A Record of Decision will be issued by the Service following the review period of the Final EIS.

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Appendix A Notification Materials

Appendix A-1 Notice of Intent

Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Notices 6625

55 Broadway Reasons: Floodway II. Confirmation of HCFAC Objectives Cambridge MA Airport Rec Storage #5282 III. Presentations by Creative Marketing Landholding Agency: GSA Chiwawa Loop Rd Resource Property Number: 54201640008 Leavenworth WA 98826 IV. Review of Quality Housing Status: Excess Landholding Agency: Agriculture Counseling GSA Number: MA–0933–AA Property Number: 15201640024 V. Planning for Future HCFAC Meetings Directions: Disposal Agency: GSA; Status: Excess Landholding Agency: DOT; Bldg. 1 Directions: VI. Next Steps (211,654 sf.); bldg. 2 (21,970 sq.); bldg. 3 (2189.005511) 0767200 VII. Adjourn (67,977 sf.); bldg. 4 (46,899 sf.); 5 (13,856 Comments: Property located within floodway With advance registration, the public sf.); bldg. 6 (12,934 sf.) 56+ yrs. old; sf. which has not been correct or contained. is invited to attend this meeting via listed above; property well maintained; sits Reasons: Floodway teleconference. To register for this on 14 acres of land; property unavailable [FR Doc. 2017–00885 Filed 1–18–17; 8:45 am] meeting please access the below link: due to an expressed federal need BILLING CODE 4210–67–P Comments: Contact GSA for more http://www.hud.gov/emarc/ information. index.cfm?fuseaction=emar.register Event&eventId=2974&update=N. Unsuitable Properties DEPARTMENT OF HOUSING AND The toll-free call-in number will be Building URBAN DEVELOPMENT provided once registration is confirmed. Alaska [Docket No. FR–5858–N–04] Persons with hearing impairments may also follow the discussion by first Eielson Education Center Announcement of the Housing Eielson Air Force Base calling the Federal Relay Service (FRS): Eielson AFB AK 99702 Counseling Federal Advisory (800) 977–8339 and providing the FRS Landholding Agency: Air Force Committee Notice of Public Meeting operator with the conference call toll- free number, which will be provided Property Number: 18201640045 AGENCY: Office of the Assistant Status: Unutilized upon registration. Secretary for Housing—Federal Housing Comments: Public access denied and no Records and documents discussed Commissioner, Department of Housing alternative method to gain access without during the meeting, as well as other and Urban Development (HUD). compromising national security. information about the work of this Reasons: Secured Area ACTION: Notice of Housing Counseling Committee, will be available for public California Federal Advisory Committee (HCFAC) viewing as they become available at: public meeting. Naval Air Facility Substation http://www.facadatabase.gov/ Naval Air Weapons Station SUMMARY: This gives notice of a Housing committee/committee.;aspx?cid= China Lake CA 93555 Counseling Federal Advisory Committee 2492&aid=77 by clicking on the Landholding Agency: Navy (HCFAC) meeting on Wednesday, ‘‘Committee Meetings’’ link. Property Number: 77201640009 Status: Underutilized February 8, 2017, via conference phone, Dated: January 11, 2017. Directions: (RPUID:153148) and the proposed agenda. The meeting Edward L. Golding, Comments: Public access denied and no is open to the public and is accessible Principal Deputy Assistant Secretary, Office alternative method to gain access without to individuals with disabilities. of Housing/Federal Housing Administration. compromising national security. DATES: The meeting will be held on [FR Doc. 2017–01248 Filed 1–18–17; 8:45 am] Reasons: Secured Area Wednesday, February 8, 2017 from BILLING CODE 4210–67–P North Carolina 12:00 p.m. to 2:00 p.m. Eastern Daylight OLF NAS Oceana (Parcel 013) Time (EDT) via conference phone. NAS Oceana FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF THE INTERIOR Oceana NC Marjorie George, Housing Program Landholding Agency: GSA Technical Specialist, Office of Housing Fish and Wildlife Service Property Number: 54201640009 Counseling, U.S. Department of Housing Status: Surplus and Urban Development, 200 Jefferson [FWS–R2–ES–2016–N199; GSA Number: 4–D–NC–0831–AG FXES11140200000F2–178–FF02ENEH00] Directions: Avenue, Suite 300, Memphis, TN 38103; Landholding Agency: Navy; Disposal telephone number (901) 544–4228 (this Notice of Intent To Prepare a Draft Agency: GSA is not a toll-free number). Persons who Environmental Impact Statement for a Comments: Friable asbestos; Documented have difficulty hearing or speaking may Proposed Habitat Conservation Plan deficiencies: abandoned building; partially access this number via TTY by calling for the Endangered American Burying collapsing; collapsed ceiling; clear threat to the toll-free Federal Relay Service at Beetle for American Electric Power in physical safety (800) 877–8339. Individuals may also Oklahoma, Arkansas, and Texas Reasons: Extensive deterioration; email [email protected]. Contamination SUPPLEMENTARY INFORMATION: HUD is AGENCY: Fish and Wildlife Service, Washington convening the meeting of the HCFAC on Interior. Lake Wenatchee Ranger Station Wednesday, February 8, 2017 from ACTION: Notice of intent; announcement Compound 12:00 p.m. to 2:00 p.m. The meeting will of meetings; request for comments. 17420 N. Shore Drive be held via conference phone. This Leavenworth WA 98826 meeting notice is provided in SUMMARY: We, the U.S. Fish and Landholding Agency: Agriculture accordance with the Federal Advisory Wildlife Service (Service), are notifying Property Number: 15201640022 Committee Act, 5. U.S.C. App. 10(a)(2). the public that we intend to prepare a Status: Excess draft environmental impact statement Directions: 0767200 1203 (1058.005511); Agenda—Housing Counseling Federal 2071 (1077.005511); 2270 (1078.005511); (EIS) to evaluate the impacts of Advisory Committee Meeting— alternatives relating to the proposed 2274 (1067.005511); 2277 (1075.005511); February 8, 2017 2372 (48216010700); 2671 (1084.005511) issuance of an Endangered Species Act Comments: Property located within floodway I. Approval of November 1, 2016 (ESA) Incidental Take Permit (ITP) in which has not been correct or contained. Meeting Minutes response to the American Electric Power

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Habitat Conservation Plan (HCP). The covered area, which includes the ABB (1) The impact that will likely result ITP is needed to cover incidental take of range: Tulsa, OK; McAlester, OK; Fort from such taking; (2) the steps an the endangered American burying beetle Smith, AR; and Texarkana, TX. Exact applicant will take to minimize and (ABB) from activities associated with meeting locations and times will be mitigate that take to the maximum construction, operation, and/or announced in local newspapers and on extent practicable and the funding that maintenance of electric transmission Service Web sites at least 2 weeks prior will be available to implement such and distribution lines or other to each event (Oklahoma Ecological steps; (3) the alternative actions to such associated infrastructure. American Services Office Web site, http:// taking that an applicant considered and Electric Power (AEP) intends to apply www.fws.gov/southwest/es/Oklahoma/; the reasons why such alternatives are for an ITP under the ESA and agrees to Arkansas Ecological Services Office not being utilized; and (4) other develop and implement the proposed Web site, https://www.fws.gov/arkansas- measures that the Service may require HCP. We also are announcing the es/; and Arlington, Texas, Ecological as being necessary or appropriate for the initiation of a public scoping process to Services Office Web site, https:// purposes of the plan. Issuance criteria engage Federal, Tribal, State, and local www.fws.gov/southwest/es/ under section 10(a)(2)(B) for an governments and the public in the ArlingtonTexas/). The scoping meetings incidental take permit require the identification of issues and concerns, will provide the public with an Service to find that: (1) The taking will potential impacts, and possible opportunity to ask questions and be incidental to otherwise lawful alternatives to the proposed action. discuss issues with Service staff activities; (2) an applicant will, to the DATES: In order to be included in the regarding the EIS and provide written maximum extent practicable, minimize analysis, all comments must be received comments. and mitigate the impacts of such taking; or postmarked by February 21, 2017. Persons needing reasonable (3) an applicant has ensured that accommodations in order to attend and See SUPPLEMENTARY INFORMATION adequate funding for the plan will be regarding meeting dates. participate in a public meeting should provided; (4) the taking will not contact us at the address listed in ADDRESSES: Please provide comments in appreciably reduce the likelihood of the ADDRESSES no later than 1 week before writing, by one of the following survival and recovery of the species in the relevant public meeting. Information the wild; and (5) the measures, if any, methods: regarding this proposed action is Email: [email protected]; we require as necessary or appropriate available in alternative formats upon Facsimile: 918–581–7467, Attn: OKES for the purposes of the plan will be met. request. HCP EIS; or Regulations governing permits for We will accept written comments at U.S. mail: Field Supervisor, endangered and threatened species are each meeting. You may also submit Oklahoma Ecological Services Field at 50 CFR 17.22 and 17.32, respectively. written comments to the Field Office, U.S. Fish and Wildlife Service, Supervisor at the email or U.S. mail Public Scoping 9014 E. 21st St., Tulsa, OK 74129. Please specify that your information addresses in ADDRESSES. A primary purpose of the scoping request or comments concern the AEP Background process is to receive suggestions and information on the scope of issues and draft EIS/HCP (TE01909C). Section 9 of the ESA prohibits ‘‘take’’ SUPPLEMENTARY INFORMATION alternatives to consider when drafting See of fish and wildlife species listed as the EIS, and to identify significant regarding meeting locations. endangered or threatened (16 U.S.C. FOR FURTHER INFORMATION CONTACT: 1531–1544). Under section 3 of the ESA, issues and reasonable alternatives Jonna Polk, by U.S. mail at the U.S. Fish the term ‘‘take’’ means to harass, harm, related to the Service’s proposed action and Wildlife Service, Oklahoma pursue, hunt, shoot, wound, kill, trap, (issuance of the ITP under the AEP Ecological Services Field Office, 9014 E. capture, or collect, or to attempt to HCP). In order to ensure that we identify 21st St., Tulsa, OK 74129, or by phone engage in any such conduct (16 U.S.C. a range of issues and alternatives related at 918–581–7458. If you use a 1532(19)). The term ‘‘harm’’ is further to the proposed action, we invite telecommunications device for the deaf defined by regulation as an act that comments and suggestions from all (TDD), please call the Federal actually kills or injures wildlife. Such interested parties. We will conduct a Information Relay Service at 800–877– act may include significant habitat review of this project according to the 8339. modification or degradation where it requirements of NEPA and its regulations, other relevant Federal laws, SUPPLEMENTARY INFORMATION: We actually kills or injures wildlife by regulations, policies, and guidance, and publish this notice in compliance with significantly impairing essential our procedures for compliance with the National Environmental Policy Act behavioral patterns, including breeding, applicable regulations. of 1969 (NEPA), as amended (42 U.S.C. feeding, or sheltering (50 CFR 17.3). The Once the draft EIS and draft HCP are 4321 et seq.), and its implementing term ‘‘harass’’ is also further defined in completed, we will offer further regulations (40 CFR 1501.7, 1506.6, and the regulations as an intentional or opportunities for public comment on 1508.22), and section 10(c) of the negligent act or omission that creates the content of these documents through Endangered Species Act of 1973 (the the likelihood of injury to wildlife by additional public meetings and a 90-day Act), as amended (16 U.S.C. 1539(c)). annoying it to such an extent as to public comment period. We intend to gather the information significantly disrupt normal behavioral necessary to determine impacts and patterns, which include, but are not Alternatives alternatives to support a decision limited to, breeding, feeding, or No-Action Alternative regarding the potential issuance of an sheltering (50 CFR 17.3). incidental take permit to AEP, and the Under section 10(a)(1)(B) of the Act, Under the no-action alternative, AEP implementation of the supporting draft the Secretary of the Interior may would comply with the Act by avoiding habitat conservation plan (HCP). authorize the taking of federally listed impacts to (take of) the ABB where species if such taking occurs incidental practicable. If take cannot be avoided Meeting Information to otherwise legal activities and where and there is Federal involvement in the We will conduct four public scoping a conservation plan has been developed project (for example, a Federal permit, meetings within the 62-county proposed under section 10(a)(2)(A) that describes: such as a Corps of Engineers section 404

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Clean Water Act permit, authorization, avoid take. These species and their legal Other Alternatives or funding exists), AEP may receive take status include: We seek information regarding other coverage through a biological opinion • American alligator (Alligator reasonable alternatives during this issued by the Service to the Federal mississippiensis)—Threatened scoping period and will evaluate the action agency. If there is no Federal (Similarity of Appearance) impacts associated with such involvement in the project, AEP can • Arkansas fatmucket (Lampsilis alternatives in the draft EIS. apply for an incidental take permit from powellii)—Threatened the Service. This approach is more time • Arkansas River shiner (Notropis Public Availability of Comments consuming and less efficient, because girardi)—Threatened, Arkansas R. Basin Written comments we receive become permits would need to be considered population, with Critical Habitat part of the public record associated with and processed one project at a time, • Gray bat (Myotis grisescens)— this action. Before including your which could result in an isolated, Endangered address, phone number, email address, independent mitigation approach. • Harperella (Ptilimnium nodosum)— or other personal identifying Proposed Alternative Endangered information in your comment, you • Indiana bat (Myotis sodalis)— should be aware that the entire The proposed action is issuance of an Endangered comment—including your personal incidental take permit for the covered • Least tern (Sterna antillarum [now identifying information—may be made species during construction, operation, recognized as a subspecies publicly available at any time. While and/or maintenance of electric athalassos])—Endangered, interior you can ask us in your comment to transmission and distribution lines or population withhold your personal identifying other associated infrastructure. The • Leopard darter (Percina information from public review, we proposed HCP, which must meet the pantherina)—Threatened with Critical cannot guarantee that we will be able to requirements in section 10(a)(2)(A) of Habitat do so. the Act, would be developed in • Neosho madtom (Noturus Comments and materials we receive, coordination with the Service and placidus)—Threatened as well as supporting documentation we implemented by AEP. This alternative • Neosho mucket (Lampsilis use in preparing the EIS, will be will allow for a comprehensive rafinesqueana)—Endangered with available for public inspection, by mitigation approach for authorized Critical Habitat appointment, during normal business impacts and result in a more efficient • Northern long-eared bat (Myotis hours at the Service’s Oklahoma and timely permit processing effort for septentrionalis)—Threatened Ecological Services Field Office in the Service and AEP. Actions covered • Ouachita Rock pocketbook Tulsa, Oklahoma, (see ADDRESSES, under the requested incidental take (Arkansia wheeleri)—Endangered above). permit may include possible take of covered species associated with • Ozark big-eared bat (Corynorhinus Benjamin N. Tuggle, activities including, but not limited to, townsendii ingens)—Endangered Regional Director, Southwest Region, U.S. construction, operation, and/or • Ozark cavefish (Amblyopsis Fish and Wildlife Service. maintenance of electric transmission rosae)—Threatened [FR Doc. 2017–01176 Filed 1–18–17; 8:45 am] and distribution lines or other • Pink mucket (Lampsilis abrupta)— BILLING CODE 4333–15–P associated infrastructure. The proposed Endangered permit submitted by American Energy • Piping plover (Charadrius Power provides coverage for a period of melodus)—Threatened; except Great DEPARTMENT OF THE INTERIOR 30 years. Lakes watershed population Fish and Wildlife Service Sixty-two counties are in the • Rabbitsfoot (Quadrula cylindrica proposed permit area, including Adair, cylindrica)—Threatened with Critical [FWS–R8–ES–2016–N187; Atoka, Bryan, Carter, Cherokee, Habitat FXES111608M0000] Choctaw, Cleveland, Coal, Craig, Creek, • Red-cockaded woodpecker Marine Mammals; Incidental Take Delaware, Garvin, Haskell, Hughes, (Picoides borealis)—Endangered During Specified Activities; Proposed Johnston, Kay, Latimer, Le Flore, • Scaleshell mussel (Leptodea Incidental Harassment Authorization Lincoln, Logan, Love, Marshall, Mayes, leptodon)—Endangered McClain, McCurtain, McIntosh, Murray, • Spectaclecase (Cumberlandia AGENCY: Fish and Wildlife Service, Muskogee, Noble, Nowata, Okfuskee, monodonta)—Endangered Interior. • Whooping crane (Grus Oklahoma, Okmulgee, Osage, Ottawa, ACTION: Notice of receipt of application Pawnee, Payne, Pittsburg, Pontotoc, americana)—Endangered; except in the and proposed incidental harassment Pottawatomie, Pushmataha, Rogers, experimental population area authorization; request for comments. Seminole, Sequoyah, Tulsa, Wagoner, • Winged mapleleaf (Quadrula and Washington Counties in Oklahoma; fragosa)—Endangered; except where SUMMARY: We, the U.S. Fish and Clark, Crawford, Franklin, Hempstead, listed as experimental populations Wildlife Service (Service), have received Johnson, Little River, Logan, Miller, We do not anticipate that covered an application from the California Sebastian, Scott, and Yell Counties in activities will result in take of all these Department of Fish and Wildlife, Arkansas; and Bowie, Fannin, Lamar, species, but we seek comments to help Central Region, for authorization to take and Red River Counties in Texas. The inform our evaluation. small numbers of marine mammals by species covered under the requested We also will evaluate whether harassment incidental to construction incidental take permit is the ABB. We covered activities are likely to impact activities as part of a tidal marsh will be evaluating whether the covered the bald eagle (Haliaeetus restoration project within the Minhoto- activities will impact other species and leucocephalus) and golden eagle (Aquila Hester Marsh in Elkhorn Slough, whether they should be included on the chrysaetos), protected under the Bald Monterey County, California. In permit or if management practices can and Golden Eagle Protection Act (16 accordance with provisions of the be implemented that are sufficient to U.S.C. 668 et seq.). Marine Mammal Protection Act of 1972,

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Appendix A-2 News Release

January 18, 2017 Contact: Lesli Gray (972) 439-4542 [email protected]

Service Announces Public Scoping Process For American Electric Power’s Proposed Conservation Plan for the American Burying Beetle Project Covers 62 Counties in Oklahoma, Arkansas, and Texas

American Electric Power is developing a Habitat Conservation Plan (HCP) to address impacts to the endangered American burying beetle (ABB) that may result from the construction, operation and/or maintenance of electric transmission and distribution lines or other associated infrastructure in Oklahoma, Arkansas and Texas. The draft HCP would accompany American Electric Power’s request for an Incidental Take Permit (ITP).

The U.S. Fish and Wildlife Service will prepare a draft Environmental Impact Statement (dEIS) to evaluate the impacts associated with alternatives associated with issuing the ITP to American Electric Power. The Service’s dEIS will consider the proposed issuance of an Incidental Take Permit, supported by an HCP and a no action alternative. We are requesting public comment on the scope of the issues that the Service should consider in its environmental review of the proposed permit under the National Environmental Policy Act (NEPA). The Service will use the comments as part of the development of the environmental review as required by NEPA.

Written comments on alternatives and issues to be addressed must be received by the close of business on February 21, 2017. Comments may be submitted to the Service in one of the following ways:

 Electronically: [email protected]; or  Fax: 918-581-7467, Attn: OKES HCP EIS; or  U.S. Mail: Field Supervisor, Oklahoma Ecological Services Field Office, U.S. Fish and Wildlife Service, 9014 E. 21st Street, Tulsa, OK 74129.

During the 30-day public comment period, four public scoping meetings will be held from 5:30 p.m. – 7:30 p.m. in the following locations:

Monday, February 6th Tuesday, February 7th Eastern Oklahoma State College Texarkana College McAlester Campus Truman Arnold Student Center Conference Center Levi Hall Conference Room 1802 E College Avenue 2500 N. Robinson Road McAlester, OK 74501 Texarkana, TX 75599 Wednesday, February 8th Thursday, February 9th River Park Events Building Central Center 121 Riverfront Drive Auditorium Fort Smith, AR 72901 1028 E 6th Street Tulsa, OK 74120

The U.S. Fish and Wildlife Service works with others to conserve, protect, and enhance fish, wildlife, plants, and their habitats for the continuing benefit of the American people. For more information on our work and the people who make it happen, visit http://www.fws.gov/. Connect with our Facebook page, follow our tweets, watch our YouTube Channel and download photos from our Flickr page.

http://www.fws.gov/southwest/

Appendix A-3 Public Notice

NEWS-CAPITAL travel A7

www.mcalesternews.com Sunday January 22, 2017 Arkansas museum offers a piece of U.S. history, as told by purses

Kay & David Scott CNHI TRAVEL WRITERS

ast September we visited Arkansas for a canoe trip on the Buffalo National LRiver, a visit to a Hot Springs bathhouse and a tour of Fort Smith National Historic Site. One of our most interesting discoveries during that trip – at least for one of us – was a Little Rock museum that offers a window into American history through the prism of purses and handbags. It was yet another example of the unexpected pleasures encountered by travelers. Purses have held a special place in my heart since I was a little girl. The first purse I re- member owning was a small KAY AND DAVID SCOTT | CNHI Travel Writers wooden box with a plastic The ESSE Purse Museum and Store is located in a building that dates to 1946, in a part of Little Rock that has been revitalized over the past decade. handle. A design was painted served as a storehouse for a ization. A community activist, on the front, and the box collection of more than 2,000 Anita acquired and converted didn’t hold much more than a purses. Deciding to share her an empty lot into a garden, hankie, but it was all I needed treasure trove with the public, and she offered the public ac- as an 8-year-old. Anita hired two people to in- cess. The garden is now used I am now the owner of sev- ventory the collection and for special events such as the eral purses -- well, maybe help select several hundred annual Arkansas Cornbread more than several – all of that could illustrate a history Festival, and each Sunday which I use, at least occasion- of purses. from April to November, a ally. So I wouldn’t call myself The exhibit was well re- farmers’ market. a collector, at least compared ceived as it toured small histo- By the time the traveling ex- with Anita Davis. ry museums throughout the hibit returned to Little Rock, Anita, owner of Little Rock’s United States from 2006 Anita had settled on a suitable ESSE Purse Museum and through 2011. Its success led building for the museum. It Store, told me the fascinating Anita to consider a permanent was built in 1946 – the year story of her business. location for a display of a she was born. Collecting purses was her more extensive version of her Hoping to show visitors primary interest for more than collection. both purses that women car- 30 years, though she casually In 2004, the budding entre- ried, and what they carried, mentioned an interest in col- preneur began acquiring prop- Anita knew some additional lecting other things. I asked if erty in an area of Little Rock collecting was required. How- shoes might be one of these. that had suffered decay and ever, we’re talking about an She smiled and nodded. was sorely in need of revital- experienced collector here. Until 10 years ago, her attic She shouldered the search for new exhibits as a challenge, KAY AND DAVID SCOTT | CNHI Travel Writers rather than a burden. MID-CENTURY PURSES collected by the ESSE Purse Museum and Store reflect postwar The ESSE Purse Museum prosperity, from a time when the GI Bill allowed families to purchase new homes and and Store opened in June appliances that made housework easier. 2013 with the theme “What’s The museum has temporary An our-long visit to Anita’s tity and tells who she is.” Inside: A Century of Women exhibits showcasing handbag museum was certainly worth Now, I think it’s time to and Handbags 1900 – 1999.” designers and their work. The the $10 entry fee, and while I clean out mine and discard The museum features 10 special exhibit on display departed before making a pur- some things. showcases, each representing when I visited was “The Art of chase, the museum offers a a decade, with a sampling of the Handbag,” featuring de- website for those who leave • Kay Scott has been collecting purses, objects carried in purs- signs by the visual artist Kent empty handed. (www.essep- purses and handbags since age 8. es and a picture or two of Stetson. ursemuseum.com). She and David Scott are authors women carrying purses. Each His paintings weren’t sell- When I asked how she of “Complete Guide to the National showcase describes important ing, so he decided to turn one chose the name of her muse- Park Lodges” (Globe Pequot). Visit events that occurred during into a handbag. It sold quickly um, Anita noted that “esse” is them at www.valdosta.edu/~dlscott/ the period. in the shoe store where he Latin for “to be.” She added, “A Scott Additional thematic displays worked, and the rest is history. woman’s purse holds her iden- focus on evening bags (“A Night on the Town”) and suit- <:-PZOHUK>PSKSPML:LY]PJL cases, bags and other travel accessories (“By Land, Sea, or +YHM[,U]PYVUTLU[HS MVY Air.”) 0TWHJ[:[H[LTLU[ [OL It wasn’t until the museum opened, Anita said, that she re- (TLYPJHU,SLJ[YPJ7V^LY/HIP[H[*VUZLY]H[PVU7SHU alized what she had created – a museum of American wom- en’s history. U.S. Fish and Wildlife Service to Host Public Scoping Meetings As a fancier of purses, stroll- for the American Electric Power Habitat Conservation Plan ing through the museum and Environmental Impact Statement recognizing those similar to ones owned by my mother, The American Electric Power (AEP) company is preparing a Habitat Conservation Plan (HCP) grandmothers, aunts, sisters and intends to apply for an Incidental Take Permit (ITP) under the Endangered Species Act. and, of course, myself, was a The ITP is needed to cover incidental take of the endangered American burying beetle nostalgic journey. Seeing the from activities associated with construction, operation, and/or maintenance of electrical purses brought back pleasant transmission and distribution lines or other associated infrastructure in parts of Oklahoma, Arkansas, and Texas. KAY AND DAVID SCOTT | CNHI Travel Writers memories of shopping with my mother, going out on EXAMPLES OF CLUTCHES designed by visual artist Kent The U.S. Fish and Wildlife Service (Service) intends to prepare an Environmental Impact dates, and digging around for Statement (EIS) to evaluate the impacts of alternatives relating to the proposed issuance of Stetson, made from his paintings, are displayed in the coins, lipstick and the key to ESSE Museum Store. One example sold for $195. the ITP and has initiated the public scoping process. A primary purpose of the scoping our house. process is to engage federal, tribal, state and local governments and the public in the identifi cation of issues and concerns, potential impacts, and possible alternatives to the proposed action (issuance of the ITP).

Public Scoping Meetings The Service will host four public scoping meetings within the proposed covered area. The public scoping meetings will provide the public with an opportunity to ask questions and discuss issues with Service staff regarding the EIS and provide written comments. Public scoping meetings will be held at the following dates and locations.

Monday, February 6, 2017 Tuesday, February 7, 2017 5:30 – 7:30 p.m. 5:30 – 7:30 p.m. Eastern Oklahoma State College Texarkana College McAlester Campus Truman Arnold Student Center Conference Center Levi Hall Conference Room 1802 E College Avenue 2500 North Robison Road McAlester, OK 74501 Texarkana, TX 75599

Wednesday, February 8, 2017 Thursday, February 9, 2017 5:30 – 7:30 p.m. 5:30 – 7:30 p.m. River Park Events Building Central Center West Room Auditorium 121 Riverfront Drive 1028 East 6th Street Fort Smith, AR 72901 Tulsa, OK 74120

The public scoping meetings will be held in an open house format with a brief presentation at approximately 6:00 p.m. After the presentation, the open house will resume. The Service will accept written comments at each meeting. Comments can also be submitted by email to [email protected]; or mailed to Field Supervisor, Oklahoma Ecological Services Field Offi ce, U.S. Fish and Wildlife Service, 9014 E. 21st St., Tulsa, OK 74129. Please specify that your information request or comments concern the AEP draft EIS/HCP. Scoping comments are due by February 21, 2017. KAY AND DAVID SCOTT | CNHI Travel Writers AN ESSE PURSE MUSEUM and Store display shows bags and accessories used by For more information, please visit www.fws.gov/southwest/es/Oklahoma/. travelers in the early part of the 20th century. THE OKLAHOMAN | NEWSOK.COM MONDAY, JANUARY 23, 2017 5A Student says Thunderbird will help ‘turn me around’

BY JIMMIE TRAMEL Ximena, when they were Tulsa World Thunderbird students. [email protected] Now they have four children. He was serv- PRYOR — Robert Clem- ing in Afghanistan when ons, 16, has already lost his first child was born. both of his parents. He watched the birth on He was 8 when his Skype. mother died in a car acci- dent. He said his father Doing what’s best died three years later. “I’ve been house to Light mist was in the air house ever since,” Clem- as Clemons and other male ons said. candidates stood outside Stability, or at least Sanford Hall. They read 22 weeks’ worth of it, is cadet handbooks as fel- within his grasp. low candidates took turns Instead of attending going inside to be issued classes this semester with boots. fellow sophomores at Not everyone who was Rush Springs High School, handed boots will take Clemons is more than every step. 200 miles away. He’s liv- Altebaumer said Thun- ing out of a duffel bag in a derbird has a 70 to 75 barracks, surrounded by percent retention rate. strangers instead of his Sessions start with 150 friends, because he wants students selected through to change his life. a screening process. Usu- Clemons was among 143 ally, between 110 and 120 boys and girls ages 16 to 18 graduate. who reported for process- “It’s just like the mili- ing Jan. 15 at Thunderbird tary,” he said. “Some Youth Academy in Pryor. people just aren’t made for Thunderbird Youth this type of environment. Academy? And we have to accept that Isn’t that where the bad James Heston, right, says goodbye to Robert Clemons, 17, while dropping him off at Thunderbird Youth Academy. Heston fact.” kids go? is Clemons’ guardian, and the two live in Rush Springs. [PHOTO BY MIKE SIMONS, TULSA WORLD] Said Deputy Director Director John Alte- Chris Stout: “If we can get baumer hears that all the with a gold cross. It was a those who actually read them through the next two time. And, when he does, gift from his grandmother. the handbook, and things weeks, they typically stick he shifts into perception- The necklace wasn’t the are probably not going to it out.” busting mode. He said only thing Clemons tem- go well for those who just Clemons was nervous Thunderbird doesn’t have porarily lost. look at the pages. before beginning the pro- “bad kids.” Clemons lost his name. Among those who gram. Asked what he will Are there kids at the “You no longer have first escorted candidates to miss, he said, “I’m prob- academy who have names,” a sergeant told their first taste of military ably going to miss ice encountered issues at past students. “Your name is life was clad-in-fatigues cream. That’s the only schools or are dealing with candidate now.” (Candi- Kendall Nolting, 25. sweets I eat. I’m probably personal challenges? Sure. dates can graduate to cadet Nolting is a 2010 Thun- going to miss sports a little But Altebaumer said kids after two weeks.) derbird graduate. The bit. I will miss track sea- are not sent to Thunder- And Clemons, like other academy was a life- son, and my girlfriend. But bird by the court system. male students, lost his hair. changer for him. this is what’s best for me Not all of Thunderbird’s After changing into Thun- “I wouldn’t say I was and I have to get it done.” kids are troubled. Some derbird gear, candidates a bad kid, but I was defi- Clemons expressed con- are “legacy” students Robert Clemons has his hair cut. [PHOTO BY MIKE SIMONS, TULSA waited in a hallway for a nitely a brat,” he said. “It fidence that he can com- whose families value the WORLD] turn in Bridget McCoy’s just opened up my eyes plete the program. He said Thunderbird experience barber chair. to a different world. I he likes competition. This so much they keep send- James Heston trans- just endured a signifi- “Look down for me,” she got recruited out of here is sort of a competition, ing relatives. But, for those ported the parentless cant emotional moment. said, using a zero clipper to and joined the National but the stakes are higher kids who are troubled, the Clemons to the academy. And, speaking of signifi- shear off clumps of hair. Guard.” than a sporting event. goal is for Thunderbird Heston has known cant emotional moments, Thunderbird does not “This,” Clemons said, to give them the disci- the teen for about two their children were being Zero clipper? funnel students into the “is going to turn me pline and tools they need years. The relationship treated to a different kind military, but many gradu- around.” to tackle life when they was forged because Hes- of emotional moment in a “There is one shorter,” ates enter the military. One week down, 21 to return home. ton’s son and Clemons are building across the street. she said. “But one shorter Nolting met his wife, go. Twice-a-year sessions sports teammates. Heston “They are getting intro- is kind of bald.” last 22 weeks. The Tulsa became Clemons’ guard- duced to the military life- Some students (about World was granted cam- ian only three weeks before style,” Altebaumer said. 20 in nine years, according pus access for a series of shepherding him to Thun- to a Thunderbird staffer) stories that will appear derbird. Heston is in the Whole new world balk at getting their hair during the current ses- Oklahoma Army National cut. McCoy doesn’t get sion, which is scheduled Guard and knew about the The first two weeks at involved in persuasion. to conclude with a June academy’s program and the academy are like basic She leaves that to others. 17 graduation ceremony. benefits. training. Classes don’t Candidates were urged The intent of the series is Clemons was recep- begin until basic training is to read cadet handbooks to “put a face” on Thun- tive when Heston pitched completed. while waiting for haircuts derbird Youth Academy, Thunderbird to him. “We put them in a very, and other first-day occur- a military school which is Asked if Clemons is a very structured environ- rences. Things are prob- part of the National Guard good kid, Heston said, ment,” Altebaumer said. ably going to go well for Youth Challenge Program. “Yes. I believe in him. I “They will learn how to Clemons is among the strongly do. That’s part live a military life.” “faces.” He said he posted of Robert’s (problem). He A typical day once failing grades in school last has had a lot of people try classes begin: Wake up at 5 semester and has been get- to help him out and they a.m. Physical fitness train- ting into trouble. He said stopped believing in him. ing for 45 minutes to an it wasn’t “big trouble,” He’s a teenager. He makes hour. Breakfast. Barracks but his stumbles made teenage mistakes. Robert maintenance. Classes him realize he was headed is willing to try to correct from 8 a.m. to noon. Lunch down the wrong path. some of those past mis- (no speaking in the din- “I want to make some- takes and move forward.” ing facility; you’re there to thing out of myself,” he After the hugs ended, eat, not chat). Classes from said. “What I want to do is parents and guardians 1-3 p.m. More physical fit- I want to go to college and were taken to a room ness training. Dinner. Eve- play football, but I know I where they wrote letters to ning activities (tech school can’t do that if my grades be given to their children and church are among aren’t good. And I can’t do the following day. Phone options). Bedtime is 9 p.m. that if I keep on getting in calls are a no-no for the While on campus, there trouble. I have been kicked first two weeks of the pro- are no cellphones, no tele- out of a lot of houses, and gram. Letters are the only visions, no radios and I kept on hurting people form of communication no money (it just causes in the process of me doing between parents and stu- problems). Students are stuff I knew was wrong. I dents. restricted to campus don’t want to do that any- “Just because (the kids) unless granted a pass. more.” don’t write you back Ready or not, students doesn’t mean they don’t immediately enter a whole ‘I believe in him’ very much enjoy the letters new world. After detach- they are receiving, because ing from parents, they are Processing day is an every night they sit down told to line up against a emotional one at Thun- and read letters,” coun- wall. Leaning on the wall derbird Youth Academy. selor Jeannie Cale told stu- will get you scolded. Small There were hugs, tears and dents’ families. “Some of groups of students are follow-up hugs in a desig- them, it’s just so awkward marched single file — eyes nated area where parents for them to write. They are straight ahead, no talk- said goodbye to their chil- texters.” ing — to a building where dren. Meanwhile, the director they are issued a duffel bag If kids gut it out and stick chose parting words meant of Thunderbird apparel. around, they won’t see to put families at ease. There is no need for “civil- their mothers and fathers “I understand what you ian” clothes here. until about seven weeks are feeling right now,” New students go have passed. Altebaumer said. “You’re through a “shakedown” Are students permitted going, ‘I just turned my inspection. Translated, to quit? Yes. “But usu- child over to a bunch of they dump their personal ally the parents don’t let people and I have no idea belongings onto the floor them,” Altebaumer said. who they are.’ I under- so Thunderbird staffers Because Thunderbird stand that. Understand can confiscate unapproved Youth Academy is the that the program has been items and send the items only academy of its kind in going for 24 years. We’ve home with parents. Clem- Oklahoma, parents from got an idea of what we are ons got to keep sheets of all over the state drove doing.” paper with phone numbers their children to Pryor for Altebaumer told the and addresses. He didn’t the current session. parents he knows they like giving up his necklace A8 Monday, January 23, 2017 | TIMES RECORD

REGIONAL WEATHER RIVER LEVELS 7 a.m. 24 hr. Location Flood Yest. Change Arkansas River Basin/Arkansas River Lee Creek -- 2.48 -0.10 i l Van Buren 22 19.55 +0.12 Ozark L/D 357 337.66 -0.95 Dardanelle 32 5.22 -2.65 Morrilton 30 9.28 -1.40 Toad Suck Ferry 275 264.90 -0.36 FORT SMITH FIVE-DAY FORECAST Little Rock 23 7.63 -0.15 TODAY TUESDAY WEDNESDAY THURSDAY FRIDAY Pine Bluff 42 31.11 -0.23 a e Pendleton 31 26.20 +0.02 White River and Tributaries 56 35 70 36 49 28 4726 52 26 St. Joe 27 4.67 -0.12 Corning 15 5.78 +0.95 Pocahontas 17 5.92 +0.61 Black Rock 14 6.60 +0.16 Batesville Br. 14 7.72 -0.12 FO Newport 26 6.33 -0.29 Mulberry River Plenty of sun Partly sunny Cooler with Plenty of Times of and milder plenty of sunshine clouds and Mulberry 18 1.70 +0.02 sunshine sun Petit Jean River Danville 20 9.58 none Ouachita River HIGH: 87 LOW: -12 NATIONAL EXTREMES Miami, FL Antero Reservoir, CO Arkadelphia 17 5.28 +0.09 Camden 26 17.13 -0.13 Forecasts and graphics provided by AccuWeather, Inc. ©2017 LAKE LEVELS ALMANAC LOCAL AND STATE WEATHER 24 hr. Fort Smith through 6 p.m. yesterday Sun. Today Sun. Today Sun. Today Location Level Change Temperature City Hi/Lo/Prcp Hi/Lo/W City Hi/Lo/Prcp Hi/Lo/W City Hi/Lo/Prcp Hi/Lo/W Arkansas River Basin Lakes LOCAL Fayetteville 54/44/1.18 55/38/s Newport 58/53/0.22 52/36/s Blue Mountain Lake 383.58 -0.02 High ...... 58 Gage 56/38/0.04 67/42/s De Queen 59/48/0.14 60/39/s Paragould 60/53/0.16 51/35/s Nimrod Lake 338.73 +0.07 Low ...... 51 Hobart 61/37/0.00 64/39/s Harrison 54/48/0.68 52/36/s Pine Bluff 60/51/0.84 53/37/s White River Basin Lakes Normal high ...... 50 McAlester 60/47/0.14 58/46/s Hot Springs 58/52/0.42 56/38/s Rogers 51/48/0.89 52/40/s Normal low ...... 29 Beaver 1110.97 +0.09 Lawton 64/37/0.00 66/42/s Jacksonville 57/52/0.31 55/36/s Russellville 57/50/1.38 55/36/s Table Rock 907.53 +0.06 Record high ...... 78 in 1969 Oklahoma City 58/45/0.03 61/41/s Jonesboro 60/52/0.28 52/35/s Springdale 54/49/0.53 54/37/s Record low ...... -9 in 1930 Bull Shoals 649.71 +0.03 Ponca City 56/46/0.72 57/41/s Little Rock 55/48/0.38 53/35/s Texarkana 57/52/0.10 59/43/s Norfork 547.80 -0.04 Last year high ...... 44 Tulsa 57/49/1.67 57/42/s Magnolia 56/50/0.17 59/42/s West Memphis 58/55/0.44 50/36/pc Last year low ...... 28 Greers Ferry 455.05 +0.06 Wichita Falls 63/41/0.00 67/44/s Mountain Home 53/51/0.29 52/36/s Ouachita River Basin Lakes Precipitation STATE Monticello 60/49/1.10 57/40/s Weather(W): s- sunny, pc- partly cloudy, c- Blytheville 58/54/0.38 51/36/s cloudy, sh- showers, t- thunderstorms, r- rain, Lake Ouachita 569.94 +0.01 24 hours througgh 6 pp.m. yyest...... 1.04” North Little Rock 56/51/0.35 54/37/s El Dorado 59/51/0.68 59/40/s Mount Ida 57/52/0.63 59/39/s sf- snow flurries, sn- snow, i-ice Degray 403.12 +0.08 Month to date ...... 2.34” Lake Greeson 540.99 -0.03 Normal month to date ...... 1.96” Year to date ...... 2.34” NATIONAL WEATHER Normal year to date ...... 1.96” Today Tue. Today Tue. Today Tue. Today Tue. Wind City Hi/Lo/W Hi/Lo/W City Hi/Lo/W Hi/Lo/W City Hi/Lo/W Hi/Lo/W City Hi/Lo/W Hi/Lo/W Average wind speed ...... 10 mph Abilene 71/47/s 69/38/s Houston 69/52/s 80/63/s Los Angeles 55/43/t 56/41/sh Minneapolis 39/31/c 39/33/sn Highest wind gust ...... 35 mph Albany 40/32/sn 37/28/sn Indianappolis 46/36/r 48/40/ppc Louisville 54/40/r 52/44/pc Mobile 67/42/s 68/52/s Relative humidity Albuquerque 54/30/pc 41/20/s Jackson, MS 58/38/pc 70/53/s Madison 42/31/c 41/33/sn Montgomery 63/39/pc 65/45/s Amarillo 68/37/s 55/24/s Juneau 35/31/r 40/37/r Mempphis 53/38/ppc 63/51/s Nashville 52/37/r 58/48/s Average ...... 85% Anchorage 20/19/sn 29/24/sn Kansas City 48/35/s 55/33/pc Miami 78/59/pc 80/58/s New Orleans 65/47/s 71/58/s AccuWeather Cold index™ Atlanta 58/40/c 61/46/s Key West 77/68/pc 76/67/s Midland 74/43/s 65/34/s New York City 42/39/r 44/35/r Atlantic City 46/41/r 45/36/r Las Vegas 53/36/r 51/36/pc Milwaukee 44/35/c 42/36/r Norfolk, VA 62/43/sh 53/40/c Today ...... Low Austin 74/47/s 80/51/s Omaha 43/33/pc 45/31/r Tuesdayy ...... Low Baltimore 47/39/r 49/35/r Orlando 71/50/pc 73/46/s Wednesday ...... Low Baton Rougge 65/44/s 73/57/s Palm Sppringgs 57/41/t 59/39/ppc Thursday ...... Low Billings 28/19/c 26/14/c Philadelphia 45/39/r 45/35/r Friday ...... Low Birminggham 58/37/ppc 61/49/s Phoenix 59/42/sh 57/40/ppc The AccuWeather.com Cold Index combines Bismarck 31/21/pc 28/20/c Pittsburgh 48/35/r 44/36/c the effects of the local weather with a number Boston 40//37//r45//36//r Portland, OR 47/28/pc 43/31/pc of demographic factors to provide a scale Buffalo 45/31/sn 36/31/c Providence 42/37/r 49/34/r showing the overall probability of transmission Charleston,, SC 64/47/c 69/46/s Pueblo 57/31/pc 45/20/c and symptom severity of the common cold. Charleston, WV 52/42/r 51/39/c Reno 34/19/sf 32/11/pc Charlotte 60/43/r 64/42/s Richmond 59/40/r 56/38/ppc SUN AND MOON Cheyenne 47/20/pc 26/13/sn Sacramento 52/40/sh 53/34/pc Chicaggo 44/34/c 43/36/c St. Louis 49/34/ppc 55/41/ppc The Sun Rise Set Cincinnati 50/40/r 49/42/c Salt Lake City 41/25/sn 30/21/sn Today 7:23 a.m. 5:36 p.m. Cleveland 48/35/r 43/39/c San Antonio 75/48/s 84/52/s Tuesday 7:22 a.m. 5:37 p.m. Columbia, SC 63/45/r 69/43/s San Diego 57/48/t 58/45/sh Columbus,, OH 53/41/r 50/42/c San Francisco 54/44/sh 54/41/sh The Moon Rise Set Dallas 66/47/s 74/42/s Santa Fe 47/26/c 35/14/pc Today 3:39 a.m. 2:16 p.m. Denver 53/24/pc 34/15/sn Savannah 67/46/c 68/46/s Tuesday 4:31 a.m. 3:00 p.m. Des Moines 42/31/pc 44/32/r Seattle 46/33/pc 43/35/pc Detroit 47/37/r 45/38/c Shrevepport 63/46/s 75/53/ppc New First Full Last El Paso 65/47/pc 53/32/s Sioux City, IA 42/33/pc 39/30/sn Fairbanks -10/-14/pc 7/-3/pc Sioux Falls, SD 37/30/pc 35/26/sn Fargo 35/28/c 33/26/c Shown are noon positions of weather Tampa 71/58/pc 72/56/s Flagstaff 33/15/sn 27/6/sn systems and precipitation. Temperature Toppeka 52/35/s 56/33/sh bands are highs for the day. Jan 27 Feb 3 Feb 10 Feb 18 Green Bay 43/34/c 41/35/c Waco 68/45/s 74/42/s Harrisburg 45/37/r 45/35/r -10s -0s 0s 10s 20s 30s 40s 50s 60s 70s 80s 90s 100s 110s Washington, DC 50/41/r 51/38/pc Helena 23/10/c 20/6/sf Wichita 55/38/s 60/30/s Honolulu 82/69/s 81/69/sh T-storms Rain Showers Snow Flurries Ice Cold Front Warm Front Stationary Front Yuma 66/44/t 61/40/pc

CONTENTIOUS START Trump pledges to rise to moment By Jonathan Lemire very well be a great moment The Press.” She added: “I information, but Conway The Associated Press in history.” think it’s actually symbolic said she does not believe Trump’s reassurance of the way we’re treated by Americans care whether WASHINGTON — After came after a day marked the press.” Trump follows suit. a combative start to his by global protests against Trump on Saturday “He’s not going to release presidency, Donald Trump his presidency and his own declared he believed “it his tax returns. We litigated delivered a more unifying complaints about media looked like a million and a this all through the elec- message Sunday and sought coverage of his inaugu- half people.” tion. People didn’t care,” President Donald Trump speaks during a White House senior staff to reassure Americans he ration, a combination of But ridership on the Conway said on ABC’s swearing in ceremony in the East Room of the White House on was ready to begin govern- events that made for a Washington’s Metro “This Week.” Sunday in Washington. ANDREW HARNIK/THE ASSOCIATED PRESS ing a divided nation. contentious first full day in system didn’t match that Trump began rolling out office on Saturday. of recent inaugurations.         hisplansfordiplomaticout- But even as the White As of 11 a.m. Friday, there     reach, speaking with Israeli House tried to forge for- were 193,000 trips taken,  Prime Minister Benjamin ward, the president’s aides according to the transpor-       Netanyahu and announc- continued to defend the tation service’s Twitter           ing plans for early meetings president and his press account. At the same hour with Netanyahu and other secretary, both of whom eight years ago, there had world leaders. He thanked tore into journalists for been 513,000 trips. Four U.S. Fish and Wildlife Service to Host Public Scoping Meetings top law enforcement offi- accurately reporting that years later, there were for the American Electric Power Habitat Conservation Plan cers for their service and his swearing-in ceremony 317,000 for Obama’s support. And he swore-in a drew a smaller crowd than second inauguration. Environmental Impact Statement group of aides, telling them President Barack Obama Conway also declared The American Electric Power (AEP) company is preparing a Habitat Conservation Plan (HCP) he believed they were ready did eight years ago. On that Trump will not release and intends to apply for an Incidental Take Permit (ITP) under the Endangered Species Act. to rise to a daunting task. Sunday, a top adviser said his tax returns now that The ITP is needed to cover incidental take of the endangered American burying beetle “But with thefaith in each the Trump administration he’s taken office, breaking from activities associated with construction, operation, and/or maintenance of electrical other and the faith in God, was supplying “alternative a promise he made during transmission and distribution lines or other associated infrastructure in parts of Oklahoma, we will get the job done,” facts.” the campaign. Arkansas, and Texas. Trump said in a ceremony “There’s no way to really As a candidate, he said he The U.S. Fish and Wildlife Service (Service) intends to prepare an Environmental Impact in the White House East quantify crowds. We all would release his returns Statement (EIS) to evaluate the impacts of alternatives relating to the proposed issuance of Room. “We will prove know that. You can laugh at after an IRS audit was com- the ITP and has initiated the public scoping process. A primary purpose of the scoping worthy of this moment in me all you want,” Kellyanne pleted. Every president process is to engage federal, tribal, state and local governments and the public in the history. And I think it may Conway told NBC’s “Meet since 1976 has released the identification of issues and concerns, potential impacts, and possible alternatives to the proposed action (issuance of the ITP).

Public Scoping Meetings The rate study will cost Smith Public Library, 3201 BOARD The Service will host four public scoping meetings within the proposed covered area. The $150,000, as previously Rogers Ave. The board’s public scoping meetings will provide the public with an opportunity to ask questions and Continued from A1 reported in the Times next regular meeting will discuss issues with Service staff regarding the EIS and provide written comments. Public Record. be 6 p.m. Feb. 7 at the Fort scoping meetings will be held at the following dates and locations. from Sanitation Direc- The Board of Direc- Smith Public Schools Ser- tor Mark Schlievert to tors’ study session will be vice Center, 3205 Jenny Monday, February 6, 2017 Tuesday, February 7, 2017 Geffken. noon Tuesday at the Fort Lind Road. 5:30 – 7:30 p.m. 5:30 – 7:30 p.m. The selection commit- Eastern Oklahoma State College Texarkana College McAlester Campus Truman Arnold Student Center tee is recommending the Conference Center Levi Hall Conference Room firm based on similar- 1802 E College Avenue 2500 North Robison Road ity of work for the city’s McAlester, OK 74501 Texarkana, TX 75599 Water and Waste Water Department, familiarity Wednesday, February 8, 2017 Thursday, February 9, 2017 with the city’s adminis- 5:30 – 7:30 p.m. 5:30 – 7:30 p.m. tration and finance and River Park Events Building Central Center its completion of similar West Room Auditorium work with other clients in 121 Riverfront Drive 1028 East 6th Street Arkansas, according to the Fort Smith, AR 72901 Tulsa, OK 74120 memorandum. The public scoping meetings will be held in an open house format with a brief presentation The selection com- at approximately 6:00 p.m. After the presentation, the open house will resume. mittee is made up of Schlievert, Deputy City The Service will accept written comments at each meeting. Comments can also be submitted Administrator Jeff Ding- by email to [email protected]; or mailed to Field Supervisor, Oklahoma Ecological Services Field Office, U.S. Fish and Wildlife Service, 9014 E. 21st St., Tulsa, OK 74129. man, Finance Director Please specify that your information request or comments concern the AEP draft EIS/HCP. Jennifer Walker and Scoping comments are due by February 21, 2017. Sebastian County Solid Waste District Director For more information, please visit www.fws.gov/southwest/es/Oklahoma/. Randy Hall. 90 80 70 60 50 40 30 20 15 10 C M Y K 50 40 30 20 15 10

CYAN PLATE MAGENTA PLATE YELLOW PLATE BLACK PLATE PAGE !PAGE!A 08/14/2013 03:36 pm Updated

TEXARKANA GAZETTE 2MONDAY, JANUARY 23, 2017 METRO/STATE 3A

congressional roll call Ground broken

HOUSE for new church VOTERAMA The Way It Was: IN CONGRESS These were some of the stories reported Jan. 27: Ft. Worth, Beaumont and Texarkana, and by the Texarkana Gazette this week in MARRIAGE LICENCES WERE Shreveport, Alexandria, New Orleans, Baton +HUH·VKRZ history: Rouge, Lafayette and Lake Charles, La. DUHDPHPEHUV ISSUED TO THREE COUPLES RI&RQJUHVV County Clerk Fincher Eason issued the fol- Jan. 26: voted on major 100 years ago lowing marriage licenses yesterday; Albert issues in the Snead to Miss Ola Gilbert, Fouke; Herschel SUSPECT ARRESTED IN week ending Jan. 23, 1917: Kirkland to Miss Anna Griffin, of Cass ROBBERY OF FILLING STATION Jan 20. The TWO BIG LEAGUE PLAYERS County; Lake Hale and Miss Edna Moore of A 20-year-old was arrested in connec- House was not WESTERMAN RATCLIFFE GOHMERT Miller County. tion with the Monday robbery of the Rose in session. VISITORS TO TEXARKANA R-Ark. R-Texas R-Texas Oil Service station at Seventh and Texas There were two noted baseball stars Jan. 28: Avenue. The man walked into the office, visiting in Texarkana yesterday, and TEXARKANA TELEPHONE COMPANY pulled a .22 caliber pistol from his pocket SENATE while here they were the center of atten- and ordered Dan McCain, manager of the tion. They were Clyde WILL INSTALL UNDER GROUND station, to open the safe. McClain said the Milan, outfielder of While the streets of the Arkansas side are man took $178 from the cash register, told Vivian the Washington, D.C., being torn up for the big paving district, the him to lie down on the floor and fled. J.R. American League club, Texarkana Telephone Co. will take advan- Cheatham was taken into custody just 24 Osborne and Hub Northen, out- tage of the time and put in a considerable hours after the robbery by Sgt. Ira Scott. Columnist fielder of the Houston, amount of work. Under the plans as laid out, Texas, League team. an eight-way duct conduit system will be Jan. 27: Both boys are well put in from the central office to eight street, GROUND BROKEN FOR NEW CHURCH known in Texarkana, which will be the main arteries of supply for Groundbreaking ceremonies were held at both having played all of Texarkana. the site of the new Pleasant Grove Christian BOOZMAN COTTON CORNYN CRUZ league ball on the Jan. 29: Church with the pastor, the Rev. Louis Faust. R-Ark. R-Ark. R-Texas R-Texas Texarkana diamond. The new church is expected to be com- MATERIAL ARRIVING FOR pleted by early spring. The Pleasant Grove Jan. 24: Christian Church was organized in 1922 with SECURITY SECRETARY: PAVING SPRUCE STREET SENATE HONEY IS BEES’ The brick for paving Spruce Street from about 20 members on the roll. The church The Senate on Jan. 20 voted, now has 150 members on the roll. Three JAMES MADDIS, WINTER FOOD Front to Broad Street has begun to arrive, 88 for and 11 against, to confirm and was being placed on the street yes- charter members, Mrs. C.D. Allen, Miss Abel SECRETARY OF DEFENSE: retired Marine Gen. John F. Kelly The wise bee knows Allen and Mrs. William Pinkerton, were pres- The Senate on Jan. 20 voted, 98 winter will come, and makes provision for terday. Front street between State Street as the fifth secretary of home- and State Line Avenue in front of the ent for the groundbreaking ceremonies. for and one against, to confirm land security since the depart- it. Nectar is the normal food of the bees, Cosmopolitan Hotel, has been placed on Jan. 28: retired Maine Gen. James N. ment was established in 2002. honey an “emergency ration” manufac- the ground, paving will be completed with- Maddis, 66, as the 26th secre- Kelly, 66, was commander of the tured from it in as concentrated a form as in the next few weeks. NAVY MOTHERS WILL MAN tary of defense since the office U.S. Southern Command (span- possible. Nectar consists of 70 per cent of was established in 1947. When water, and the rest cane sugar and flavor- MARCH OF DIMES BOOTH ning South and Central America The March of Dimes Booth at Broad and Maddis retired from active duty and most of the Caribbean) when ing matter. In honey, on the other hand, in 2013, he was commander of there is 7 to 10 percent of water; and the 50 years ago Stateline will be manned today by members he retired in January 2016. He is of the Navy and Marines Mothers Club No. cane sugar, by process of digestion. the U.S. Central Command, which the highest ranking military offi- Jan. 23, 1967: 868, Mrs. Lela Lumpkin, commander, if the is directs American military oper- cial to have lost a child in Iraq or weather is not wet and cold. Members will ations in the Middle East, North Jan. 25: TO SERVE AS PAGE Afghanistan; his son, Marine 1st work in other areas of town to raise funds, Africa and Central Asia. Maddis Mary Jewel Griggs, daughter of Mrs. Lt. Robert Kelly, died in combat in CHARGED WITH BOOTLEGGING Thelma Johnson, has been selected to serve working in addition to Mrs. Lumpkin will be became the first member of Sidney Wright was given a trial before Mrs. Beatrice Hines, Mrs. Mamie Martin, President Donald Trump’s cabi- Afghanistan in November 2010. as a page in the Arkansas General Assembly Justice Uriah Carpenter yesterday on a this week in Little Rock. This opportunity is Mrs. Maudie Freeman, Mrs. Martin Ashley, net to receive confirmation. The A yes vote was to confirm Mrs. G.A. McAlister, Mrs. Esther Slimer, Mrs. Kelly to head the Department of charge of violating the local option law made available to students showing out- negative vote was cast by Sen. and was held to await the action of the standing ability in American government Merlene Slimer, Mrs. Cora Patten and Mrs. Kirsten Gillibrand, D-N.Y. Homeland Security. Sadie Atkins. “The ladies have not been ARKANSAS Bowie county grand jury under $300 bond. and civics. A senior Honor Society; reporter A yes vote was to confirm Also three women were also charged urged to work in the street campaign, how- Voting yes: Cotton, Boozman for the Mott Harold Mosley chapter of the Maddis to head the Department with bootlegging L. Smith, S. Davenport Future Teachers of America; and a member ever, when these wonderful ladies asked to TEXAS help…..how we could refuse them?” asked of Defense. and M. Green, who reside on Cedar Street of the Xinos, the youth affiliate of the nation- Mr. Karel, chairman for the March of Dimes. ARKANSAS Voting yes: Cornyn, Cruz between fourth and fifth. al sorority of Phi Delta Kappa. Voting yes: Tom Cotton, R, John Jan. 29: Boozman, R Jan. 26: Jan. 24: TEXAS KEY VOTES AHEAD In the week of January 23, the HEADS COUNCIL Voting yes: John Cornyn, R, Ted LIGHTING CIGAR SET GASOLINE FIRE ASTROS GROUP WILL Scharlotte Smith, a junior at Dunbar Senate will conduct confirmation Jacob Ballard, an oil wagon driver, light- Cruz, R VISIT IN TWIN CITIES High School, was elected president of the votes on Trump Administration ed his cigar in a confectionary store in The Houston Astros will go into orbit this East Texas District Association of Student cabinet nominees. The House the business district here today. His gas- Wednesday. In orbit around the southwest Councils at recent district meeting in JOHN KELLY, HOMELAND schedule was to be announced. oline “soaked” cloths ignited. Ballard ran spreading goodwill on a 17 city, 2,400 mile Woodville, Texas. Scharlotte, daughter of through the building and out into the street journey throughout Texas and Louisiana. The Mr. and Mrs. Lee A. Smith, is a member of where a soldier knocked him senseless and 17 cities to be visited on the eight-day jour- the Student Council, F.H.A., Tri-Hi-Y, Top put out the flames. Ballard is believed to be ney will be Victoria, Corpus Christi, Weslaco, Teens of Distinction, Xions and Union Hill in bad condition in a hospital here tonight. San Antonio, Austin, Lufkin Waco, Dallas- Baptist Church. Bowie County looks at making buildings more energy efficient Police: Don’t TexAmericas looks to finalize natural gas pipeline deal TexAmericas Center board ing at hiring the Costa Mesa, ing and technical service in NEW BOSTON, Texas— considerations, commission- leave purses members are looking at finaliz- Ca.-based Navitas Utility Co. to order to aid the center in devel- Making Bowie County- ers will also consider adver- ing an agreement during their install the natural gas pipeline oping a master plan for its east owned buildings more ener- tising for bids from roofing gy efficient will be one of firms to replace the court- or wallets 11:30 a.m. meeting Tuesday that system for the Expal USA ener- campus. The board will also the topics discussed at the house’s roof. will provide for having 15,000 getics firm (an explosives reuse consider allowing the Hooks, Commissioners Court meet- In other business, commis- feet of natural gas pipeline manufacturing firm). Texas, Youth Sports Association ing at 10 a.m. today. sioners will consider open- unattended installed for a business tenant. In other business, board mem- to use a baseball and softball Commissioners will con- ing bids received from com- The board, which will meet bers will consider hiring the field located near the main gate The Texarkana, Texas, inside the Nash Municipal Olsson Associates Engineering of the former Lone Star Army sider hiring the Carrollton, panies to repair Plantation Police Department is Texas-based Trane Company Road and Bent Tree Road reminding residents Training Center, will be look- firm to conduct both engineer- Ammunition Plant. to conduct an energy effi- inside County Road Precinct to be careful and not ciency study on the county’s 2. Commissioners will leave purses and wallets buildings in order to help also consider declaring unattended in shopping the county save money with some assorted county equip- carts and at workplaces. improved energy efficiency. ment as surplus and ready During the last few Strong winds leave many Houston-area homes without power Besides energy efficiency for sale. months, especially HOUSTON—Windy weath- knocked down power lines. That figure continued to steadily during the holiday sea- er has left thousands of homes CenterPoint Energy reported drop throughout the day as work son, police have also in the Houston area without Sunday more than 30,000 cus- crews fixed downed power lines. noticed a surge in fraud electricity as strong gusts have tomers were without power. —The Associated Press stemming from both credit and debit cards ON THE RECORD being stolen and used. <:-PZOHUK>PSKSPML:LY]PJL Presently, criminals are CIVIL COURT Kaylene Ann Parsons, Texarkana, working in small groups +YHM[,U]PYVUTLU[HS Bowie County Texas; Troy Lynn Jones and MVY to distract employees [OL Dealers Credit Express Inc. vs. Na-tasha Ro-shay Mayes, Nash, at business workplaces, 0TWHJ[:[H[LTLU[ Texas Pride Motors LLC, default; Texas; Casey Martin Bolejack and then gain access to back TD Bank USA vs. Evelyn K. Jackson, Aterra Rae Opal Warren, DeKalb, rooms or offices where (TLYPJHU,SLJ[YPJ7V^LY/HIP[H[*VUZLY]H[PVU7SHU default; Discover Bank vs. Justin Texas; Michael Edward Phipps purses or wallets may C. Young, default. and Diann Michelle Ray, Fouke, be kept in drawers or Miller County Ark.; Ronny Dallas Downs and under desks. Customers U.S. Fish and Wildlife Service to Host Public Scoping Meetings Village Park South vs. Gresheka Lydia Elaine Cook, Maud, Texas. are also being distracted for the American Electric Power Habitat Conservation Plan Merritt, unlawful detainer. Miller County while shopping, which Marvin Booth Acker and Kristin allows criminal accom- Environmental Impact Statement PROBATE COURT plices to grab wallets Bowie County Denise Sanders, Jacksonville, Texas; Oluwasegun Abayomi from open, unattend- The American Electric Power (AEP) company is preparing a Habitat Conservation Plan (HCP) and Juanita Frances McMillon, Animashaun and Omowunmi ed purses in shopping intends to apply for an Incidental Take Permit (ITP) under the Endangered Species Act. The ITP applies to probate will and for Aminat Agboola, Houston; Craig carts. is needed to cover incidental take of the endangered American burying beetle from activities issuance of letters testamentary Elton Hart, La Marque, Texas, and Police encourage associated with construction, operation, and/or maintenance of electrical transmission and of the estate of Wesley Boyce Rosalind Laverne Smith, Redfield, shoppers to carry only distribution lines or other associated infrastructure in parts of Oklahoma, Arkansas, and Texas. McMillan. the debit and cred- Miller County Ark.; Terry Dean Malone and Laurie The U.S. Fish and Wildlife Service (Service) intends to prepare an Environmental Impact Statement Lee Bennett, Texarkana, Ark.; it cards they need and No items reported. (EIS) to evaluate the impacts of alternatives relating to the proposed issuance of the ITP and James Burnice Mangum Jr. and never carry Social Security cards. has initiated the public scoping process. A primary purpose of the scoping process is to engage COURT OF APPEALS Delcie Marie Gearlds, Bloomburg, For more information, federal, tribal, state and local governments and the public in the identifi cation of issues and 6TH JUDICIAL DISTRICT Texas; Georgi Nikolaev Marinov call Sgt. Geoffrey Lewis concerns, potential impacts, and possible alternatives to the proposed action (issuance of the ITP). OPINIONS RENDERED and Heather Gabrielle Schlinkert, at 903-798-3113. Ricky J. Shugart v. David Arlington, Texas; Michael Ray Public Scoping Meetings Thompson, a.k.a. “Lead Agent,” Milligan, Atlanta, Texas, and Lisa The Service will host four public scoping meetings within the proposed covered area. The public a.k.a. “Agents” and Unknown Sweeney, Bivins, Texas; Jacoby scoping meetings will provide the public with an opportunity to ask questions and discuss issues Lynn Montgomery and Deyana Deputies, a.k.a. “Agents” Each Like the Texarkana Gazette with Service staff regarding the EIS and provide written comments. Public scoping meetings will in Their Individual and Official Roshawn West, Texarkana, Ark.; Capacities, Sheriff’s Department Elvis Wade Patterson, Idabel, be held at the following dates and locations. of Fannin County, Appeal from Okla., and Vickie Ann Pieratt, Tuesday, February 7, 2017 336th District Court (Fannin) Broken Bow, Okla.; Robert William Monday, February 6, 2017 - Judgment of the trial court 5:30 – 7:30 p.m. 5:30 – 7:30 p.m. Shelton and Shannon Ann Watson, facebook.com/texarkanagazette affirmed, reversed and remanded Stamps, Ark.; Oluwakayode Eastern Oklahoma State College Texarkana College to trial court; William R. and Susan Adekunle Sonoiki and Ruth Serifat McAlester Campus Truman Arnold Student Center M. Knoderer v. State Farm Lloyds, Onipe, Texarkana, Ark. Conference Center Levi Hall Conference Room Penni Perkins, and Tom Roberts, 1802 E College Avenue 2500 North Robison Road Appeal from 354th District Court DIVORCES GRANTED McAlester, OK 74501 Texarkana, TX 75599 (Hunt) - Judgment of the trial Bowie County court modified and as modified, Laura Gilley Martin and Rhad Wednesday, February 8, 2017 Thursday, February 9, 2017 affirmed. Butler; Ray Squires and Debra 5:30 – 7:30 p.m. 5:30 – 7:30 p.m. Sue Squires; Doris Faye Gooden WIN FREE CARPET River Park Events Building Central Center MARRIAGE LICENSES GRANTED West Room Auditorium Bowie County and Luster Lee Harris Jr.; Andrew CLEANING FOR LIFE! Joseph Ghio and Jamie Marie $ 121 Riverfront Drive 1028 East 6th Street Robert Clinton Beavers and 2929 A ROOM Fort Smith, AR 72901 Tulsa, OK 74120 Marna Lynn Ward, Texarkana, Presley; Natalie Abernathy and WOW! 3 ROOM SPECIAL Matthew Abernathy. Texas; Sascha Michael Anglin Miller County Tile & Grout 2 Upholstery and Angela Nicole Robardey, The public scoping meetings will be held in an open house format with a brief presentation at Teresa Hoover Brown and Stretching & Repairs 2 Pet Odor Removal approximately 6:00 p.m. After the presentation, the open house will resume. Texarkana, Texas; Johnathan 24 HR Emergency Flood Water Extraction Floyd Wayne Brown; John Van Ray Trusley and Jessica Nichole & Drying 2 Fully Insured & IICRC Certifi ed The Service will accept written comments at each meeting. Comments can also be submitted by Meter and Chasity Van Meter; Kessler, Texarkana, Ark.; Richard email to [email protected]; or mailed to Field Supervisor, Oklahoma Ecological Services Ursula Brooks and Bruce Brooks Cleaner Aubrey Slaughter III and Nannette Field Offi ce, U.S. Fish and Wildlife Service, 9014 E. 21st St., Tulsa, OK 74129. Please specify that E. Sloan, St. Petersburg, Fla.; III; Jennifer Brown and Jazmyne A Carpet your information request or comments concern the AEP draft EIS/HCP. Scoping comments are Demetric Dewayne Martin and Brown; Joe Polk and Julie Ellis; Antonio Taylor and Tonya RUSSELL DUDLEY due by February 21, 2017. Brandi Alexis Huntley, Little Rock; 903.838.2500 BSN, RN Donald Ray Mothershed Jr. and Taylor; Clifford Philyaw and Amy Jessica Diane Thomas, Texarkana, Philyaw; Brian Keith Richardson For more information, please visit www.fws.gov/southwest/es/Oklahoma/. Texas; Daniel Lee Markham and and Kimberly Richardson.

CYAN PLATE MAGENTA PLATE YELLOW PLATE BLACK PLATE 90 80 70 60 50 40 30 20 15 10 C M Y K 50 40 30 20 15 10 A6 MONDAY, JANUARY 23, 2017 tulsaworld.com TULSA WORLD

DATELINES WhereWhere heaheadlinesdldlilines arareebe bbeingeingmg mmadeade araroundoundoundtd tthehe woworldororldrrldld

RUSSIA CANADA U.K. Moscow

U.S. CHINA San Antonio, Adel, Ga. IRAN Texas INDIA Banjui, Gambia

Sanaa, Yemen BRAZIL Pacific People cheer as ECOWAS Senegalese troops take position Ocean Atlantic Indian outside the state house in the Gambian capital Banjul on Sunday, Ocean Ocean AUSTRALIA one day after Gambia’s defeated leader Yahya Jammeh went into exile. JEROME DELAY/Associated Press Gambia’s ex- leader made off with millions

administration, Fatty Exiled leader empties confirmed that Jammeh coffers, ships luxury made off with more than $11.4 million during a cars out of capital two-week period alone. before taking exile That is only what they have discovered so far ASSOCIATED PRESS since Jammeh and his family took an offer of BANJUL, Gambia — Ex- exile after more than 22 iled Gambian ruler Yahya years in power and de- Jammeh stole millions of parted late Saturday. dollars in his final weeks “The Gambia is in fi- in power, plundering the nancial distress. The cof- state coffers and shipping fers are virtually empty. out luxury vehicles by car- That is a state of fact,” go plane, a special adviser Fatty said. “It has been for the new president said confirmed by technicians Sunday. in the ministry of finance Meanwhile, a regional and the Central Bank of military force rolled in, the Gambia.” greeted by cheers, to se- Fatty also confirmed cure this tiny West African that a Chadian cargo nation so that democrati- plane had transported cally elected President luxury goods out of the Adama Barrow could re- country on Jammeh’s Jeff Bullard sits in what used to be the foyer of his home as his daughter, Jenny Bullard, looks through debris at their home that turn home. He remained behalf in his final hours was damaged by a tornado on Sunday in Adel, Georgia. Gov. Nathan Deal declared a state of emergency in several counties, in neighboring Senegal, in power, including an including Cook, that have suffered deaths, injuries and severe damage from weekend storms.BRANDEN CAMP/AP where he took the oath of unknown number of ve- office Thursday because of hicles. concerns for his safety. Fatty said officials at the Toll from Southeast tornadoes now 18 At a press conference Gambia airport have been in the Senegalese capital, ordered not to allow any Barrow’s special adviser of Jammeh’s belongings north Florida. Ford, who rushed out south Georgia — about 60 Mai Ahmad Fatty told to leave. Separately, it ap- Storms across At least 14 people were with other relatives Sun- miles southeast of Albany journalists that the presi- peared that some of his Georgia leave 14 killed Sunday in Georgia as day evening after hearing — shearing away siding, dent “will return home as goods remained in Guin- the fast-moving storms tore a reported twister had upending homes and kill- soon as possible.” ea, where Jammeh and dead, adding to across the state throughout overturned her nephew’s ing seven people. Underscoring the chal- his closest allies stopped Saturday’s toll of 4 the day, with at least one mobile home in the south- Coroner Tim Purvis lenges facing the new on their flight into exile. deadly tornado reported western Georgia city of of south Georgia’s Cook ASSOCIATED PRESS before dawn and violent Albany, the region’s larg- County confirmed that storms still rumbling after est city with some 76,000 seven people died at the ADEL, Ga. — A se- nightfall. Four people were residents. mobile home park, where vere storm system killed Saturday in Missis- The day’s deadliest toll about roughly half of the NEWS BRIEFS that spun off appar- sippi when the system be- came before daybreak 40 homes were “leveled.” ent tornadoes and left gan its deadly assault. Sunday when an appar- The other deaths in 1 dead, multiple injured in scattered destruction “There are houses just ent tornado blew through Georgia were reported have killed three alleged around the Southeast demolished,” said Norma a mobile home park in elsewhere. San Antonio mall shooting al-Qaida operatives in has claimed at least Yemen’s southwestern 18 lives on a two-day SAN ANTONIO — A Bayda province, security sweep across the re- robbery inside a San and tribal officials said, gion, authorities said. Antonio shopping mall the first such killings The enormous sys- ended with shots fired reported in the country tem put millions of on Sunday, leaving one since Donald Trump as- people in the South on person who tried to sumed the U.S. presidency edge during a weekend intervene dead, three Friday. of violent weather that others shot and another The two Saturday left crumpled trailer two people taken to hos- strikes killed Abu Anis homes, downed trees pital with non-shooting al-Abi, an area field com- and other damage in injuries, police and fire mander, and two others, the hardest-hit com- officials said. they said, speaking on munities from Missis- Police Chief William condition of anonymity as sippi to Georgia. The McManus said two sus- they were not authorized severe weather threat pects robbed a jewelry to release the information was still continuing store at the Rolling Oaks to journalists. Sunday night in some Mall on Sunday. After the parts, extending into suspects fled the store, a From wire reports the Carolinas and man, described by McMa- nus as a “good Samaritan” tried to stop the two men. One of the robbers then fatally shot the man, McManus said. Russia to decriminalize some domestic violence ad 100333320-01 MOSCOW — In Rus- sia, giving one’s spouse a slap is nothing extraor- dinary for many people. This week, the Russian parliament is expected to take a step closer toward decriminalizing it alto- gether. ad 100329846-01 In a bid to appeal to conservative voters, deputies in the lower house of parliament have given initial approval to a bill eliminating crimi- nal liability for domestic violence that stops short of serious bodily harm or rape. Alleged al-Qaida members killed in drone strikes SANAA, Yemen — Sus- pected U.S. drone strikes

Appendix A-4 Stakeholder Notification

Stakeholder Notification Organization Name Adair County Commissioners Arkansas Game and Fish Commission Arknasas Natural Heritage Commission Atoka County Commissioners Audubon Arkansas Bryan County Commissioners Bureau of Indian Affairs‐Eastern Oklahoma Bureau of Indian Affairs‐Southern Plains Bureau of Land Management‐Oklahoma Field Office Bureau of Land Management‐Southeastern States Field Office Carter County Commissioners Cherokee County Commissioners Choctaw County Commissioners Choctaw Nation of Oklahoma Clark County Cleveland County Commissioners Coal County Commissioners Craig County Commissioners Crawford County Creek County Commissioners Deep Fork National Wildlife Refuge Delaware County Commissioners Environmental Protection Agency, Region 6 Farm Services Agency‐Arkansas Farm Services Agency‐Oklahoma Federal Energy Regulatory Commission Federal Highway Administration Fort Chaffee Joint Maneuver Training Center Franklin County Garvin County Commissioners Haskell County Commissioners Hempstead County Hughes County Commissioners Johnson County Johnston County Commissioners Latimer County Commissioners Le Flore County Commissioners Little River County Little River National Wildlife Refuge Logan County Love County Commissioners Marshall County Commissioners Mayes County Commissioners Stakeholder Notification

McAlester Army Ammuniton Plant McClain County Commissioners McCurtain County Commissioners McIntosh County Commissioners Miller County Murray County Commissioners Muskogee County Commissioners National Park Service, Fort Smith Historic Site National Park Service, Regional Director Natural Resources Conservation Service‐Arkansas Natural Resources Conservation Service‐Oklahoma Natural Resources Conservation Service‐Texas Nowata County Commissioners NPS‐Chickasaw National Recreation Area Office of Surface Mining, Reclamation, and Enforcement Okfuskee County Commissioners Oklahoma Association of Conservation Districts Oklahoma Biological Survey Oklahoma Conservation Commission Oklahoma Corporation Commission Oklahoma Department of Agriculture Oklahoma Department of Environmental Quality Oklahoma Department of Mines Oklahoma Department of Transportation Oklahoma Department of Wildlife Conservation Oklahoma Department of Wildlife Conservation, Wildlife Division Offfice Oklahoma Fish and Wildlife Conservation Office Oklahoma Parks and Resorts Oklahoma Scenic Rivers Commission Oklahoma Secretary of Environment Oklahoma Water Resources Board Oklahoma Water Science Center Okmulgee County Commissioners Osage County Commissioners Ottawa County Commissioners Ozark Plateau National Wildlife Refuge Pawnee County Commissioners Pittsburg County Commissioners Pontotoc County Commissioners Pottawatomie County Commissioners Pushmataha County Commissioners Rogers County Commissioners Scott County Sebastian County Stakeholder Notification

Seminole County Commissioners Sequoyah County Commissioners Sequoyah National Wildlife Refuge Southwestern Power Administration Texas Army National Guard‐Environmental Texas Commission on Environmental Quality Texas Commission on Environmental Quality, Chief Engineer's Office Texas Department of Agriculture Texas Department of Transportation Texas General Land Office Texas Parks and Wildlife Department Texas Parks and Wildlife Department, District 6 Texas Parks and Wildlife Department, District 5 Texas State Comptroller's Office Texas Water Development Board The Nature Conservancy‐Arkansas Chapter Thlopthlocco Tribal Town Tishomingo National Wildlife Refuge Tulsa County Commissioners U.S. Army Corps of Engineers‐Fort Worth District U.S. Army Corps of Engineers‐Little Rock District U.S. Army Corps of Engineers‐Tulsa District U.S. Army Corps of Engineers‐Vicksburg District U.S. Forest Service Ouachita National Forest U.S. Forest Service Ozark‐St. Francis National Forest U.S. Forest Service‐National Forests & Grassland in Texas Wagoner County Commissioners Washington County Commissioners Yell County

Appendix A-5 Tribal Notification

Tribal Notification Organization Name Absentee‐Shawnee Tribe Alabama‐Quassarte Tribal Town Apache Tribe of Oklahoma Caddo Nation Cherokee Nation Cheyenne‐Arapaho Tribes Chickasaw Nation Choctaw Nation of Oklahoma Citizen Potawatomi Nation Comanche Nation of Oklahoma Delaware Nation of Oklahoma Delaware Tribe of Indians Eastern Shawnee Tribe of Oklahoma Fort Sill Apache Tribe Iowa Tribe of Oklahoma Kaw Nation Kialegee Tribal Town Kickapoo Tribe of Oklahoma Kiowa Tribe of Oklahoma Miami Tribe of Oklahoma Modoc Tribe of Oklahoma Muscogee (Creek) Nation Osage Nation of Oklahoma Otoe‐Missouria Tribe Ottawa Tribe of Oklahoma Pawnee Nation Peoria Tribe of Indians of Oklahoma Ponca Nation of Oklahoma Quapaw Tribe of Oklahoma Sac and Fox Seminole Nation of Oklahoma Seneca‐Cayuga Tribe of Oklahoma Shawnee Tribe Thlopthlocco Tribal Town Tonkawa Tribe of Oklahoma United Keetoowah Band of Cherokee Indians Wichita and Affiliated Tribes Wyandotte Nation Appendix B Scoping Meeting Materials

Appendix B-1 Presentation

Public Scoping Meetings for the American Electric Power Habitat Conservation Plan Environmental Impact Statement February 6-9, 2017

1

Proposed Action Overview

2 Proposed Action

. The American Electric Power Habitat Conservation Plan (AEP HCP) is being prepared by the American Electric Power Company.

. The AEP HCP addresses Endangered Species Act permit requirements.

3

Plan Area

Almost 32 million acres of known and potential range for American Burying Beetle in:

. 47 counties in Oklahoma . 11 counties in Arkansas . 4 counties in Texas

4 Covered Activities . Covered Activities reflect activities for which the Service is considering incidental take authorization of Covered Species. . Covered Activities for the AEP HCP comply with the ESA by including: . Avoidance, Minimization, & Mitigation including: • Implementation of the Conservation Strategy . On-site restoration after construction . Purchase of mitigation bank credits off-site . Species monitoring . Other actions

5

Covered Activities . Electric Transmission and Distribution Lines: Operations and maintenance activities . Facility inspections, including land surveys and engineering assessments conducted prior to new and/or rebuild construction . Emergency response and outage repair . Vegetation management . Insulator replacement . Structure Maintenance . Underground electric maintenance . Electric Transmission and Distribution Lines: New construction and rebuilds . Construction of new above-ground electric lines . Line upgrades . Support facilities construction . Access road construction

6 Covered Species

. Covered Species include species that may be affected by Covered Activities and that the Service is considering for an Incidental Take Permit. . The AEP HCP addresses one covered species: American Burying Beetle.

7

Endangered Species Act

. Section 9 of the Endangered Species Act (ESA) prohibits “take” of federally-listed fish and wildlife. • 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. 1532(19)). • Harm is further defined by the Service to 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. • Harass is defined by the Service as an intentional or negligent act or omission which creates the likelihood of injury to wildlife by annoying it to such an extent as to significantly disrupt normal behavior patterns which include, but are not limited to, breeding, feeding, or sheltering .

8 Incidental Take Permit Issuance . The Service may issue permits to authorize “incidental take” under Section 10(a) of the ESA. • Incidental take is defined as take that is incidental to, and not the purpose of, carrying out an otherwise lawful activity. • The Service may issue an incidental take permit provided certain criteria are met. . Section 10(a)(2)(B) of the ESA outlines criteria for issuing incidental take permits: • The taking will be incidental; • The applicant will, to the maximum extent practicable, minimize and mitigate the impact of such taking; • The applicant will develop a Habitat Conservation Plan (HCP) and ensure that adequate funding for the plan will be provided; • The taking will not appreciably reduce the likelihood of the survival and recovery of the species in the wild; and • The applicant will carry out any other measures that the Secretary may require as being necessary or appropriate for the purposes of the HCP. 9

Permit Term

. Proposed permit term is 30 years

• Term provide sufficient take coverage for AEP for its electric transmission and distribution system in the Plan Area.

• Term allows for sufficient conservation of species.

10 Environmental Review Process

11

National Environmental Policy Act

. The National Environmental Policy Act (NEPA) requires federal agencies to prepare an Environmental Impact Statement (EIS) for major federal actions.

. Issuance of incidental take permits by the Service under the AEP HCP is a federal action subject to NEPA review.

. The EIS will consider the direct, indirect, and cumulative effects of the Service’s federal action, including alternatives on the human environment.

12 Environmental Review Process

On the EIS

13

Public Comment Process

14 Comment Submittal

The Service encourages you to provide written comments on the following topics:

. Scope of the EIS Analysis – Specific topics or resources that should be considered in the EIS.

. Alternatives – Alternatives to the proposed action that should be evaluated in the EIS.

. Data or Information – Suggestions on data or information that should be considered in the EIS.

15

Keys to Making Effective Comments

. Focus your comments on reasonable alternatives and potential environmental issues. . Let us know what environmental and community factors you consider important for analysis in the Draft EIS. . Suggest methods for analysis of environmental impacts. . Submit comments that are clear, concise, and relevant to the project. . Provide constructive solutions with documentation or resources to support your comments or recommendations. . Comments that provide specific examples are more effective than comments simply stating opposition or making broad statements.

16 Comment Submittal . Please send written comments to: Field Supervisor, Oklahoma Ecological Services Field Office U.S. Fish and Wildlife Service 9014 E. 21st St. Tulsa, OK 74129 . Electronically: By email to [email protected] . At the Scoping Meetings: Leave comment forms and written comments in the comment box at the meetings.

Comments submitted electronically will be given the same weight as mailed comments. For additional information, visit: https://www.fws.gov/southwest/es/Oklahoma/

Scoping comments must be received or postmarked by

February 21, 2017 to be considered in the Draft EIS. 17

Adjourn

Thank you for your interest in the environmental review process. We will now resume the Open House portion of the meeting.

18

Appendix B-2 Large Display Boards

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Draft EIS Prepare and Release Draft EIS Hold Public Meetings

Final EIS Respond to Comments on Draft EIS Prepare and Release Final EIS

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Little Sherman Lamar Red River Fannin 35 River Hempstead

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Hard Copy – Submitted by U.S. Mail: Field Supervisor Oklahoma Ecological Services Field Office U.S. Fish and Wildlife Service 9014 E. 21st St. Tulsa, OK 74129 Electronically: Email to [email protected]

Please specify that your information request or comments concern the AEP Draft HCP/EIS. Comments must be postmarked by February 21, 2017 to be considered in the Draft EIS. U.S. Fish and Wildlife Service Draft Environmental for Impact Statement the American Electric Power Habitat Conservation Plan Thank You Thank you for participating in the public scoping meetings and providing your comments. Scoping comments must be received or postmarked by February 21, 2017 to be considered in the Draft EIS. Please remember to: n Complete a registration card to document your participation and receive future mailings n Submit your comments to the Service n Visit the Service website to learn more For more information, visit: https://www.fws.gov/southwest/es/Oklahoma/ Questions and comments should be addressed to: Field Supervisor Oklahoma Ecological Services Field Office U.S. Fish and Wildlife Service 9014 E. 21st St. Tulsa, OK 74129 [email protected] Appendix B-3 Handouts

Frequently Asked Questions & Answers

The following questions and answers summarize the permitting and conservation planning process and American Electric Power’s proposal, describe the National Environmental Policy Act (NEPA) process, and outline opportunities for public participation.

1. What action is the U.S. Fish and Wildlife Service taking? The U.S. Fish and Wildlife Service (Service) is responding to a request from the American Electric Power Company (AEP) for a permit under the Endangered Species Act. The Incidental Take Permit (ITP) would cover potential effects to the American burying beetle. Federal law requires the Service to consider the potential effects of the permit, in this case by preparing a Draft Environmental Impact Statement (EIS).

As the Service prepares to draft this document, we have opened a 30-day public comment period closing February 21, 2017, to receive input, suggestions and information on the scope of the Draft EIS.

2. Why does AEP need an ITP? Section 9 of the Endangered Species Act (ESA) prohibits the “take” of protected wildlife through direct harm or habitat destruction. However, the ESA also allows the Service to issue permits for the “incidental” take of endangered and threatened wildlife. Permit holders can proceed with an activity that is legal in all other respects, but that may incidentally take listed wildlife. An example would be the operation of electrical transmission lines through known American burying beetle habitat.

To receive a permit, applicants must design, implement and secure funding for a conservation plan that avoids, minimizes and offsets (mitigates) harm to wildlife impacted by their activity. That plan is commonly called a Habitat Conservation Plan, or HCP. HCPs are legally binding agreements between the Secretary of the Interior and the permit holder.

3. What is the AEP HCP? AEP proposes development of an HCP to allow for a more comprehensive mitigation approach for impacts. The HCP will cover activities including, but not limited to, construction, operation, and/or maintenance of electrical transmission and distribution lines or other associated infrastructure and will address how these activities may incidentally take the endangered American burying beetle. Additional information on the plan area, covered activities, and covered species is provided below.

4. What species are covered by the HCP? The AEP HCP will address incidental take of the American burying beetle that could be affected by electric power transmission and distribution activities. The American burying beetle is protected as endangered under the ESA.

U.S. Fish and Wildlife Service Page 1 February 2017

5. Area other species covered by the HCP? Numerous other species listed as either threatened or endangered under the ESA are found in the HCP plan area. The Service will evaluate whether the covered activities will impact other species and whether they should be included on the permit or if management practices can be implemented that are sufficient to avoid take. While the Service does not anticipate that covered activities will result in take of these other species, we seek comments to help inform our evaluation. Refer to the project website for the full list of federally protected species in the plan area: www.fws.gov/southwest/es/Oklahoma/.

6. What geographic area is covered by the proposed HCP? The geographic area covered by the HCP is referred to as the plan area. The plan area includes counties within the known range of American burying beetle as well as counties in Texas with occurrence records. It also includes counties where the species range could expand over the next 30 years. In total, the plan area encompasses almost 32 million acres of known and potential range of American burying beetle across sixty-two counties in eastern Oklahoma, western Arkansas, and north- eastern Texas.

7. What activities would the Service issue an ITP for under the AEP HCP? AEP has requested incidental take authorization for covered activities associated with electric power transmission and distribution. A preliminary list of covered activities includes:

. Electric Transmission and Distribution Lines: Operations and maintenance activities − Facility inspections, including land surveys and engineering assessments conducted prior to new and/or rebuild construction − Emergency response and outage repair − Vegetation management − Insulator replacement − Structure maintenance − Underground electric maintenance . Electric Transmission and Distribution Lines: New construction and rebuilds − Construction of new above-ground electric lines − Line upgrades − Support facilities construction − Access road construction . Implementation of the Conservation Strategy − On-site restoration after construction − Purchase of mitigation bank credits off-site − Species monitoring − Other actions (TBD)

U.S. Fish and Wildlife Service Page 2 February 2017

8. What permit term is the Service considering under the AEP HCP? AEP has requested a 30-year permit. The permit term is intended to provide sufficient take coverage for American Electric Power for its electric transmission and distribution system as well as to allow for sufficient conservation of species.

9. Why is an EIS needed? NEPA requires federal agencies to consider and disclose the environmental impacts of their proposed actions. This federal law promotes better agency decision-making by ensuring that the best available information is provided to agency officials and the public before an agency decides whether and how to undertake a major federal action.

Due to the scope of this project, the Service determined that an EIS should be prepared to analyze the potential effects of the proposed federal action (ITP) and alternatives to that proposed action. The analysis provided in the EIS will be used to inform the Service’s decision on whether or not to issue an incidental take permit for the AEP HCP.

Through the NEPA process, the public has an opportunity to learn about proposed federal actions and to provide timely information and comments. An HCP is a planning document required as part of an application for an ITP. Issuance of the ITP by the Service is a federal action subject to review under NEPA.

10. Where are we in this process? The Service is in the scoping phase, which is the first step in preparing an EIS. The purpose of scoping is to ask for early input from the public, other government agencies, the scientific community, tribes, industry and other interested parties. We want to hear from others about what resource areas, topics, and alternatives that should be evaluated in the EIS, as well as suggestions on data or information that should be considered in the EIS analysis. During the scoping period, you can learn about the proposed action and the EIS process, attend a public scoping meeting and talk with representatives of the Service, and provide written comments on the scope and approach for completing the EIS.

11. When is scoping and what type of input does the Service need? The scoping period for this EIS is 30 days, from January 19, 2017 to February 21, 2017, during which time a public comment period is open. Comments should be emailed or postmarked by February 21, 2017 to be considered in the Draft EIS.

During the scoping period, the Service requests your comments on the scope of the EIS, including the following topics such as:

. Scope of the EIS analysis – Specific topics or resource concerns that should be considered in the EIS . Alternatives – Alternatives to the proposed action that should be evaluated in the EIS . Data or information – Suggestions on data or information that should be considered in the EIS

U.S. Fish and Wildlife Service Page 3 February 2017

Comments may be submitted using one of the following methods:

. Hard Copy – Submitted by U.S. Mail: Field Supervisor, Oklahoma Ecological Services Field Office U.S. Fish and Wildlife Service 9014 E. 21st St. Tulsa, OK 74129 . Electronically: By email to [email protected]. . At the Public Scoping Meetings: You will have the opportunity to submit written comments at the public scoping meetings.

12. Where are public scoping meetings being held? Four public scoping meetings are being held to provide the public with an opportunity to ask questions and discuss issues with representatives of the Service regarding the EIS and provide written comments. The meetings will be held at the following locations:

Date and Time Location Eastern Oklahoma State College, McAlester Campus February 6, 2017 Conference Center 5:30-7:30 p.m. CST 1802 E. College Avenue, McAlester, OK 74501 Texarkana College, Truman Arnold Student Center February 7, 2017 Levi Hall Conference Room 5:30-7:30 p.m. CST 2500 North Robison Road, Texarkana, TX 75599 River Park Events Building February 8, 2017 West Room 5:30-7:30 p.m. CST 121 Riverfront Drive, Fort Smith, AR 72901 Central Center February 9, 2017 Auditorium 5:30-7:30 p.m. CST 1028 East 6th Street, Tulsa, OK 74120

The public scoping meetings will be held in an open house format with a brief presentation at approximately 6:00 p.m. After the presentation, the open house will resume.

13. What are the next steps? After the scoping period closes, the Service will prepare a Draft EIS that evaluates the effects of the HCP and any alternatives identified during scoping. A second opportunity for public comment will be provided when the Draft EIS is completed. The Service anticipates a Draft EIS will be ready for public review in the summer/fall of 2017.

For more information about the AEP HCP, the EIS, and the NEPA process, contact us by mail at the U.S. Fish and Wildlife Service, Oklahoma Ecological Services Field Office, 9014 E. 21st St., Tulsa, OK 74129 or by phone at (918) 581-7458.

U.S. Fish and Wildlife Service Page 4 February 2017

How to Participate in the Process The U.S. Fish and Wildlife Service (Service) is considering potential issuance of an Incidental Take Permit (ITP) to American Electric Power to authorize take of American burying beetle from the covered activities in the plan area. The plan area includes 32 million acres of known and potential range of American burying beetle across sixty-two counties in eastern Oklahoma, western Arkansas, and north-eastern Texas. Issuance of an ITP by the Service is a federal action subject to review under the National Environmental Policy Act (NEPA). The Service will prepare an Environmental Impact Statement (EIS) for this action.

Learn About the Project: Visit the project website, participate and ask questions during public scoping meetings, and read the materials provided at meetings and on the Service website. Sign up to receive notifications about the project.

Participate During Review and Comment Periods: The NEPA process provides several formal opportunities for public input at key project milestones. During these milestones, the Service will post notices in the Federal Register, issue press releases, and provide updates on the Service website.

The Service may also host public meetings during these periods.

Formal Review and Comment Periods Timeframes Scoping A 30-day period at the start of the NEPA process intended to The scoping period for this allow the public to learn about the action and provide input on project is open from the scope of the EIS, including: January 19, 2017 to February 21, 2017. . Alternatives – Alternatives to the proposed action that

should be evaluated in the EIS Comments need to be . Data or information – Suggestions on data or information emailed or postmarked by that should be considered in the EIS February 21, 2017 to be . Analysis – Specific topics or resource concerns that considered in the Draft EIS. should be analyzed in the EIS Public Review of the Proposed Habitat Conservation Plan (HCP) and Draft EIS A 60-day period to allow the public to review and comment on Draft EIS anticipated to be the HCP and the accompanying Draft EIS. ready for public review in the summer/fall of 2017. Availability Period of the HCP, Final EIS, and Record of Decision A 30-day period to allow the public to review document Final EIS anticipated to be revisions and inform the public of the Service’s decision. ready for public review in late 2017.

U.S. Fish and Wildlife Service Page 1 February 2017

Provide Substantive Comments During Open Comment Periods: The best and most useful comments have substance and are relevant to the federal action under review. Try not to provide comments that offer opinion only or make broad statements with no supporting information.

How To Submit Your Comments: . All comments must be provided in writing. . Comments must be received or postmarked by the close of the open period for full consideration in the next step of the process. . Comments submitted electronically will be given the same weight as mailed comments. . Comments only need to be submitted once via one method noted below. . Duplicate comments with no new or additional information will not be considered and are unnecessary.

Send your written comments to the Service using one of the following methods: . Hard Copy – Submitted by U.S. Mail: Field Supervisor, Oklahoma Ecological Services Field Office U.S. Fish and Wildlife Service 9014 E. 21st St. Tulsa, OK 74129 . Electronically: By email to [email protected] . In-Person at public meetings: Leave comment forms and written comments in the comment box at the meetings

For additional information about the American Electric Power HCP, Draft EIS, and the NEPA process: . Visit: https://www.fws.gov/southwest/es/Oklahoma/ . Contact the Service: • By mail at the U.S. Fish and Wildlife Service, Oklahoma Ecological Services Field Office, 9014 E. 21st St., Tulsa, OK 74129 • By phone at (918) 581-7458

U.S. Fish and Wildlife Service Page 2 February 2017

Appendix B-4 Comment Form U.S. Fish and Wildlife Service Draft Environmental for Impact Statement the American Electric Power Habitat Conservation Plan

How Do I Submit Comments?

• Written Comments: Complete and submit this form at a public scoping meeting, or mail your comments to the U.S. Fish and Wildlife Service (Service) address at the bottom of this page.

• Electronic Comments: Submit electronic comments by email to [email protected].

Please specify that your comments concern the AEP draft EIS/HCP. Scoping comments must be postmarked by February 21, 2017 to be considered in the Draft Environmental Impact Statement.

NOTE: When an individual chooses to submit a public comment or other information, his or her personal contact information is considered public information and is shared within and outside of the Service without additional authorization.

NAME: Comments may be submitted today or mailed to:

ADDRESS: Field Supervisor Oklahoma Ecological Services CITY, STATE, ZIP CODE: Field Office U.S. Fish and Wildlife Service PHONE: 9014 E. 21st St. Tulsa, OK 74129 E-MAIL:

For more information, please visit www.fws.gov/southwest/es/Oklahoma/. Appendix B-5 Registration Card U.S. Fish and Wildlife Service Draft Environmental for Impact Statement the American Electric Power Habitat Conservation Plan Public Scoping Meeting Registration Card

MEETING LOCATION AND DATE (CHECK ONE): FEBRUARY 6, 2017 MCALESTER, OK FEBRUARY 8, 2017 FORT SMITH, AR FEBRUARY 7, 2017 TEXARKANA, TX FEBRUARY 9, 2017 TULSA, OK

FIRST NAME LAST NAME ORGANIZATION/TITLE

MAILING ADDRESS

CITY STATE ZIP CODE E-MAIL

Yes, please include my name and address on the mailing list so I can recieve information on the project. Please indicate your preferred method of correspondence: Mail or E-mail

Appendix C Scoping Comments

From: Daniel R. Ragle Date: Sat, Feb 18, 2017 at 12:26 PM Subject: RE: Service Announces Public Scoping Process For American Electric Power’s Proposed Conservation Plan for the American Burying Beetle To: "OK ES HCP EIS, FW2"

Thank you for the correspondence regarding the above referenced project. The Choctaw Nation of Oklahoma has no comments for the Incidental Take Permit, regarding the American Burying Beetle. Please send the Environmental Impact Statement, once one is available. If you have any questions, please contact me by email.

Daniel Ragle

Compliance Review Officer

Historic Preservation Dept.

Choctaw Nation of Oklahoma

(800) 522-6170 Ext. 2727

[email protected]

www.choctawnation.com

www.choctawnationculture.com

February 27,2107

Ms. Jonna Polk Field Supervisor Oklahoma Ecological Services Office Life's better• outside."' U.S. Fish and Wildlife Service 9014 E. 2JSt Street Tulsa, OK 74129 Commissioners Re: Scoping for DEIS for AEP American Burying Beetle HCP T. Dan Friedkin Chairman 62 Counties in Oklahoma, Arkansas and Texas Houston TPWD Project 37564 Ralph H. Duggins Vice-Chairman Fort Worth Dear Ms. Jonna Polk:

Anna B. Galo Laredo The Texas Parks and Wildlife Department (TPWD) received the January 18, 2017 Bill Jones bulletin regarding the U.S. Fish and Wildlife Service (USFWS) notice of intent to Austin prepare a draft Environmental Impact Statement (DEIS) to evaluate the impacts of Jeanne W. Latimer San Antonio alternatives related to the proposed issuance of an Incidental Take Permit (ITP) in

James H. Lee response to American Electric Power's (AEP) Habitat Conservation Plan for the Houston endangered American burying beetle (Nicrophorus americanus) (ABB). AEP is S. Reed Morian developing an HCP to address impacts to the ABB that may result from the Houston construction, operation, and/or maintenance of electric transmission and distribution Dick Scott Wimberley lines or other associated infrastructure in 62 counties in Oklahoma, Arkansas and Texas. The draft HCP would accompany AEP's request for an ITP. The DEIS will Kelcy L. Warren Dallas consider the proposed issuance of an ITP, which would be supported by an HCP, and Lee M. Bass a no action alternative. In Texas, the permit area would include Bowie, Fannin, Lamar, Chairman-Emeritus Fort Worth and Red River Counties. Although the species covered under the requested ITP is the ABB, the USFWS will be evaluating whether the covered activities would impact other species and whether other species should be included on the ITP or if management Carter P. Smith practices can be implemented that are sufficient to avoid take. Executive Director As the state agency with primary responsibility for protecting the state's fish and wildlife resources and in accordance with the authority granted by Parks and Wildlife Code § 12.0011 and through coordination under the National Environmental Policy Act, the TPWD has considered the no alternative and the proposed ITP and draft HCP alternative and offers the following comments and recommendations.

Conservation Priority Areas (CPA) of the ABB range include areas with recent (within 10 years) documented ABB presence that USFWS believes are likely to contain important elements for ABB conservation and recovery, such as documented presence over multiple years, relatively high density populations, suitable breeding, feeding and sheltering habitat, and carrion resources. At this time all CPAs are located within Oklahoma and serve as areas where conservation efforts are focused and where higher ratios of mitigation for impacts to ABB occur.

4200 SMITH SCHOOL ROAD AUSTIN, TEXAS 76744·3291 512 .369.4600 To manage and conserve the natural and cultural resources of Texas and to provide hunting, fishing www.tpwd.texas.gov and outdoor recreation opportunities for the use and enjoyment of present and future generations. Ms. Jonna Polk Page 2 February 27, 2017

At this time, TPWD does not have information on current populations of ABB in Texas, with long term surveying efforts indicating absence in survey areas or loss of populations over the survey term. The last ABB in Texas was recorded in Lamar County in 2008, so technically still considered a recent ABB presence, however, the ten year timeframe for considering the population recent is coming to an end. TPWD is currently funding an ABB survey effort through a Section 6 grant, and depending on those results, TPWD may have adequate knowledge of the status of ABB in Texas, or TPWD and USFWS may recognize the need for additional research or surveying.

With the lack of current ABB populations in survey areas in Texas, TPWD can understand that the USFWS may want to mitigate in Oklahoma CP As for ABB habitat impacts that occur in Texas, however, TPWD does not want to continue to lose ABB habitat in Texas which could support ABB populations in the future with appropriate restoration efforts. Lack of mitigation in Texas coupled with impacts to ABB habitat in Texas could lead to a range contraction and/or extirpation in Texas.

Recommendation: TPWD recommends that the HCP for AEP include conducting valid and current ABB presence/absence surveys for activities in areas favorable for use by the ABB in Bowie, Fannin, Lamar and Red River counties, Texas.

Recommendation: TPWD encourages mitigation in Texas for ABB habitat impacts that occur in Texas, to protect or restore ABB habitat in Texas. TPWD recommends the USFWS consider the following as acceptable mitigation practices: support research surveying for occupied habitat, habitat restoration and/or acquisition, and establishment of conservation easements.

Recommendation: If data confirming ABB presence in Texas becomes available, TPWD recommends the USFWS identify a Texas-CPA and develop a conservation bank, foregoing the need for multiple years of documented presence to assign a Texas-CPA. It is essential that populations in Texas be protected from take and provided mitigation in Texas when an ITP is the only feasible alternative.

Additional Species

Additional Species: Endangered Species

The federal register notice, provided by a link on the USFWS Oklahoma Ecological Services website (https://www.fws.gov/southwest/es/oklahoma/Documents/ ABB/ AEP%20HCP%20EI S%20NOI.pdf), indicates that the DEIS will evaluate whether covered activities will result in take of a list of other federally-listed threatened and endangered species, which are protected under the Endangered Species Act (ESA), and if activities would impact the bald eagle (Haliaeetus leucocephalus) and golden eagle (Aquila chrysaetos), which are protected under the Bald and Golden Eagle Protection Act (BGEPA). The bald eagle is also a state-listed threatened species in Texas.

Recommendation: Regarding additional species that should be considered in the DEIS with regard to the ITP and HCP alternative, TPWD recommends the DEIS assess the potential impacts to all the threatened and endangered species identified Ms. Jonna Polk Page 3 February 27, 2017

in the federal register notice, the bald eagle, the golden eagle, as well as the threatened red knot (Calidris canutus rufa), which did not appear on the list.

Of the species listed and potentially occurring in Bowie, Fannin, Lamar and Red River counties, the interior least tern (Sterna antillarum athalassos) may utilize sand bars in the Red River for nesting and bald eagles may nest in trees along the Red River.

Recommendation: For proposed activities in or crossing the Red River, TPWD recommends that the HCP for AEP include protections of sand bar habitat, protection of potential eagle nesting trees, and surveys for interior least terns and bald eagles in areas of suitable habitat prior to construction within the breeding and nesting season.

Additional Species: Migratory Birds

The federal register notice does not indicate if the DEIS would evaluate potential impacts to migratory birds, other than those already afforded protection under the ESA and BGEPA.

Birds typically establish flight corridors along and within river and creek drainages. Riparian corridors, creeks, wetlands, and lakes provide habitat for a host of wildlife species including wading birds, waterfowl and predator species. There is potential for collision of large-bodied wading birds, waterfowl and avian predators with electrical wires near water features. Measures should be taken to ensure that migratory bird species within and near the project area are not adversely impacted by construction, maintenance, and operation activities.

The USFWS Information for Planning and Conservation (IPaC) web-based tool offers a list of migratory birds that may occur within a project area, some of which are state­ listed or identified as species of greatest conservation need (SGCN) in the Texas Conservation Action Plan (TCAP).

Recommendation: TPWD recommends the DEIS evaluate impacts to migratory birds and recommends the HCP for AEP incorporate strategies for avoiding or minimizing impacts to migratory birds, including surveying for active nests during ground disturbance activities and implementing practices to minimize bird collisions with transmission lines. TPWD recommends the HCP for AEP incorporate electric utility conservation measures that can be found on the USFWS website at https://www.fws.gov/birds/management/project-assessment-tools-and­ guidance/conservation-measures/electric-utility.php including the Avian Power Line Interaction Committee guidance. Implementing the conservation measures for migratory birds would also protect federally-listed species such as the endangered whooping crane (Grus americana), as well as state-listed species and SGCN, such as the state-listed threatened wood stork (Mycteria americana).

Recommendation: Because artificial nighttime lighting can attract and disorient night-migrating birds, TPWD recommends that the HCP and DEIS address AEP substations and other lighted infrastructure. TPWD recommends AEP retrofit substations and other lighted infrastructure to utilize the minimum amount of night- Ms. Jonna Polk Page 4 February 27, 2017

time lighting needed for safety and security. TPWD recommends lighting be down­ shielded to light only the ground and reduce glare.

Additional Species: State-listed Species and SGCN

Section 68.015 ofthe Parks and Wildlife Code regulates state-listed species. Please note that there is no provision for capture, trap, take, or kill (incidental or otherwise) of state-listed species. The TPWD Guidelines for Protection of State-Listed Species includes a list of penalties for capture, trap, take, or kill of state-listed species, http://www. tpwd.texas.gov /huntwi ld/wi ld/wildlife _diversity/habitat_assessment /medi a/tpwd_statelisted_species.pdf. For purposes of relocation, surveys, monitoring, and research, terrestrial state-listed species may only be handled by persons authorized through the TPWD Wildlife Permits Office, http://www.tpwd.texas.gov/business/permits/land/wildlife/research/. For the above­ listed activities that involve aquatic species please contact the TPWD Kills and Spills Team (KAST) for the appropriate authorization, http://www.tpwd.texas.gov/landwater/water/environconcerns/kills_and_spills/regions /.

The Texas Natural Diversity Database (TXNDD) is intended to assist users in avoiding harm to rare species or significant ecological features. Given the small proportion of public versus private land in Texas, the TXNDD does not include a representative inventory of rare resources in the state. Please note that absence of information in the database does not imply that a species is absent from that area. Although it is based on the best data available to TPWD regarding rare species, the data from the TXNDD do not provide a definitive statement as to the presence, absence or condition of special species, natural communities, or other significant features within your project area. These data are not inclusive and cannot be used as presence/absence data. This information cannot be substituted for on-the-ground surveys. The TXNDD is updated continuously based on new, updated and undigitized records. For questions regarding a record or to obtain digital data, please contact TexasN atural.D iversity Database@tpwd. texas.gov.

A search of the TXNDD identified known occurrences of state-listed species and other sensitive resources within or near the four Texas counties of the HCP area, including but not limited to, the bald eagle, the interior least tern, native prairie communities, colonial waterbird rookeries, SGCN plants, and the Southern crawfish frog (Lithobates areolatus areolatus). Specific locations of rare resources may not be known by TPWD or included in the TXNDD, therefore rare resources may exist where suitable habitat characteristics are present.

The Texas Conservation Action Plan (TCAP) provides guidance toward addressing species of greatest conservation need (SGCN) and important habitats and includes a statewide handbook as well as handbooks for each ecoregion of the state. In Texas, the AEP HCP area would occur in the Texas Blackland Prairies, East Central Texas Plains (also known as the Post Oak Savannah) and Western Gulf Coastal Plain (also known as South Central Plains or Pineywoods) ecoregions. To help guide your planning efforts, information on the TCAP, handbooks and lists ofSGCN can be found at http://www.tpwd.state.tx.us/landwater/land/tcap/. The TCAP identifies priority Ms. Jonna Polk Page 5 February 27, 2017 habitats as well as priority issues affecting conservation and conservation action needs for the ecoregion, including electric power transmission and distribution issues.

Please note that in addition to the TCAP SGCN lists by ecoregion, TPWD maintains a website that identifies state-listed species and SGCN that have the potential to occur in each Texas county and are available at http://tpwd.texas.gov/gis/rtest/. Using this web­ based tool will allow you to produce one complete list of state-listed species and SGCN for Bowie, Fannin, Lamar, and Red River counties.

Recommendation: Because an EIS is meant to assess potential impacts to all environmental resources, TPWD recommends the DEIS incorporate an assessment of potential impacts to state-listed species and SGCN.

Recommendation: TPWD recommends reviewing the TCAP statewide handbook and the Texas Blackland Prairies, East Central Texas Plains and Western Gulf Coastal Plain ecoregion handbood for information on important habitats and SGCN within the project area and incorporating TCAP priority issues and conservation needs into the DEIS, as applicable.

Recommendation: To aid in the scientific knowledge of a resource's status and current range, TPWD recommends that the HCP include a provision to report encounters of state-listed species, SGCN, and rare vegetative communities in the AEP HCP area in Texas to the TXNDD according to the data submittal instructions found at http://tpwd.texas.gov/txndd.

Additional Species: Invasive Species

Invasive species can affect native resources, thus it is important to consider the prevention, monitoring and control of invasive species with respect to conservation of endangered species and other fish and wildlife resources. Although surface waters are generally spanned by transmission lines, temporary and permanent stream crossings installed to accommodate machinery and vehicle access may require work within surface waters. Equipment coming in contact with surface waters could transport aquatic invasive species where mud, plant debris, and/or water can accumulate. Infestations of terrestrial invasive plant species can occur in disturbed areas without proper prevention, revegetation and maintenance practices.

Recommendation: TPWD recommends the DEIS address invasive species prevention and management and recommends that the AEP HCP include provisions regarding invasive species. If equipment would come in contact with inland streams or waterbodies, such as during construction/demolition of temporary and permanent crossings, TPWD recommends AEP prepare and follow an aquatic invasive species transfer prevention plan which outlines BMPs for preventing inadvertent transfer of aquatic invasive plants and animals on project equipment. For information on how to avoid spreading harmful aquatic invasive species, please refer to the TPWD Clean/Drain/Dry Procedures and Zebra Mussel Decontamination Procedures for Contractors Working in Inland Public Waters which can be obtained at http://tpwd.texas.gov/huntwild/wild/wildlife_ Ms. Jonna Polk Page 6 February 27, 2017

diversity/habitat_ assessment/media/WHAB _ ZebraMussel_ CleanDrainDryDecont aminationProcedures_Final_02052015 .pdf.

Recommendation: TPWD recommends AEP prepare and follow a revegetation and maintenance plan to monitor, treat and control invasive species within the construction and operation ROWs. Revegetation should be conducted such that it provides native vegetation appropriate for the ecoregion and site characteristics.

Thank you for considering the fish and wildlife resources of Texas in your project planning efforts. If you have any questions, please contact me at (903) 322-5001 or Karen.Hardin@tpwd. texas.gov.

Sincerely, ~-6-+1~'~---- Karen B. Hardin Wildlife Habitat Assessment Program Wildlife Division kbh/37564 Appendix E Biological Resources

Appendix E Biological Resources

This appendix contains additional material that supports EIS Section 3.2, Biological Resources, including the following:

 Ecoregions and vegetation communities and species in the study area (Table E-1)

 National Land Cover Database definitions (Table E-2)

 Invasive plants listed under state statute or regulation in the study area (Table E-3)

 Common or typical wildlife species in the study area by ecoregion (Table E-4)

 Migratory birds of conservation concern that occur or have the potential to occur in study area (Table E-5)

American Electric Power Habitat Conservation Plan September 2018 E-1 Environmental Impact Statement

U.S. Fish and Wildlife Service Biological Resources

Table E-1. Ecoregions and Vegetation Communities and Species in the Study Area

Ecoregion Amount in Study Area (acres) Name Common Vegetation Communities and Species AR OK TX Total Arkansas Natural vegetation included oak savanna and oak-hickory-pine forests. Post 1,930,431 3,078,991 0 5,009,422 Valley oak, blackjack oak, southern red oak, hickory, shortleaf pine, some planted loblolly pine. Floodplains have bottomland oaks, sycamore, sweetgum, willow, eastern cottonwood, green ash, elm. Boston Mostly oak-hickory forests: red oak, white oak, post oak, blackjack oak, and 618,470 530,433 0 1,148,903 Mountains hickories remain the dominant tree species, although shortleaf pine and eastern red cedar are found in many of the lower areas and on some south- and west-facing slopes. Mesophytic forests in ravines and on north-facing slopes have sugar maple, beech, red oak, white oak, basswood, and hickory. Central Great Once a transitional, mostly mixed-grass prairie, with some scattered low trees 0 3,205,341 0 3,205,341 Plains and shrubs in the south, much of this ecoregion is now cropland. Little bluestem, big bluestem, sideoats grama, blue grama, Indiangrass, sand bluestem, sand dropseed were typical. To the south are Texas wintergrass, buffalograss, white tridens, along with some honey mesquite, lotebush, sand sagebrush, and yucca. Central The historical vegetation is a grassland/forest mosaic with forested strips 0 3,334,151 0 3,334,151 Irregular along the streams. The grassland was an all-grass prairie with little bluestem, Plains big bluestem, switchgrass, and Indiangrass, and the forests are oak-hickory woodlands with red oak, white oak, bur oak, chinkapin oak, post oak, shagbark hickory, and bitternut hickory. Cross Transitional “cross-timbers” vegetation consists of little bluestem grassland 0 7,530,191 0 7,530,191 Timbers with scattered blackjack oak and post oak trees. Big bluestem, Indiangrass, switchgrass, elm, black hickory, greenbriar, and Virginia creeper also occur. A dense woody understory forms in the absence of fire. East Central The land was originally covered by post oak savanna vegetation, in contrast to 0 242,447 848,237 1,090,684 Texas Plains the more open prairie-type ecoregions to the north, south, and west, and the pine forests to the east. Oak savannas or oak-hickory forest stands with post oak, blackjack oak, black hickory, and grasses of little bluestem, purpletop, curly threeawn, and yellow Indiangrass. The forest understory is of yaupon, eastern red cedar, winged elm, American beautyberry, and farkleberry.

American Electric Power Habitat Conservation Plan Environmental Impact September 2018 E-2 Statement

U.S. Fish and Wildlife Service Biological Resources

Ecoregion Amount in Study Area (acres) Name Common Vegetation Communities and Species AR OK TX Total Flint Hills The Flint Hills mark the western edge of the tallgrass prairie, and contain the 0 618,385 0 618,385 largest remaining intact tallgrass prairie in the Great Plains. Big bluestem, switchgrass, Indiangrass, and little bluestem are the dominant grasses. Ouachita Once covered by oak-hickory-pine forests, most of this region is now in 825,922 2,589,828 0 3,415,750 Mountains loblolly and shortleaf pine. The remaining hardwood forest species include southern red oak, black oak, post oak, white oak, and hickories. Ozark Oak-hickory and oak-hickory-pine forest stands are typical. Some savannas 0 1,511,438 0 1,511,438 Highlands and tallgrass prairies were once common in the vegetation mosaic. Post oak, blackjack oak, black oak, white oak, hickories, shortleaf pine, little bluestem, Indiangrass, big bluestem, eastern red cedar glades. South Central The natural vegetation of the region's uplands was historically dominated by 1,649,503 1,694,423 891,054 4,234,980 Plains longleaf pine woodlands and savannas in the south, and shortleaf pine/hardwood forests in the north. Southern red oak, post oak, white oak, hickories, and loblolly pine were common, with small areas of beech and magnolia in the south. Southern floodplain forest of water oak, willow oak, swamp chestnut oak, sweetgum, blackgum, red maple, bald cypress, and water tupelo typify bottomlands. Texas Historically, the region was a tallgrass prairie of little bluestem, big bluestem, 0 0 701,725 701,725 Blackland yellow Indiangrass, tall dropseed, eastern gamagrass and many forbs, such as Prairies asters, clovers, and black-eyed susan. Almost the entire prairie has now been converted to other uses. Riparian areas have bur oak, Shumard oak, sugar hackberry, elm, ash, eastern cottonwood, and pecan. Sources: U.S. Environmental Protection Agency 2016; Wiken et al. 2011 AR = Arkansas; OK = Oklahoma; TX = Texas

American Electric Power Habitat Conservation Plan Environmental Impact September 2018 E-3 Statement

U.S. Fish and Wildlife Service Biological Resources

Table E-2. National Land Cover Database Definitions

Land Cover Class Description Barren Land Areas of bedrock, desert pavement, scarps, talus, slides, volcanic material, glacial debris, sand dunes, strip mines, gravel pits, and other accumulations of earthen material. Generally, vegetation accounts for less than 15 percent of total cover. Cultivated Crops Areas used for the production of annual crops, such as corn, soybeans, vegetables, tobacco, and cotton, and also perennial woody crops such as orchards and vineyards. Crop vegetation accounts for greater than 20 percent of total vegetation. This class also includes all land being actively tilled. Deciduous Forest Areas dominated by trees generally greater than 5 meters tall, and greater than 20 percent of total vegetation cover. More than 75 percent of the tree species shed foliage simultaneously in response to seasonal change. Developed, High Highly developed areas where people reside or work in high numbers. Intensity Examples include apartment complexes, row houses, and commercial/industrial. Impervious surfaces account for 80 percent to 100 percent of the total cover. Developed, Low Areas with a mixture of constructed materials and vegetation. Impervious Intensity surfaces account for 20 percent to 49 percent of total cover. These areas most commonly include single-family housing units. Developed, Medium Areas with a mixture of constructed materials and vegetation. Impervious Intensity surfaces account for 50 percent to 79 percent of the total cover. These areas most commonly include single-family housing units. Developed, Open Space Areas with a mixture of some constructed materials, but mostly vegetation in the form of lawn grasses. Impervious surfaces account for less than 20 percent of total cover. These areas most commonly include large-lot single- family housing units, parks, golf courses, and vegetation planted in developed settings for recreation, erosion control, or aesthetic purposes. Emergent Herbaceous Areas where perennial herbaceous vegetation accounts for greater than 80 Wetlands percent of vegetative cover and the soil or substrate is periodically saturated with or covered with water. Evergreen Forest Areas dominated by trees generally greater than 5 meters tall, and greater than 20 percent of total vegetation cover. More than 75 percent of the tree species maintain their leaves all year. Canopy is never without green foliage. Grassland/Herbaceous Areas dominated by gramanoid or herbaceous vegetation, generally greater than 80 percent of total vegetation. These areas are not subject to intensive management such as tilling, but can be used for grazing. Mixed Forest Areas dominated by trees generally greater than 5 meters tall, and greater than 20 percent of total vegetation cover. Neither deciduous nor evergreen species are greater than 75 percent of total tree cover. Open Water Areas of open water, generally with less than 25 percent cover of vegetation or soil. Pasture/Hay Areas of grasses, legumes, or grass-legume mixtures planted for livestock grazing or the production of seed or hay crops, typically on a perennial cycle. Pasture/hay vegetation accounts for greater than 20 percent of total vegetation.

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U.S. Fish and Wildlife Service Biological Resources

Land Cover Class Description Shrub/Scrub Areas dominated by shrubs; less than 5 meters tall with shrub canopy typically greater than 20 percent of total vegetation. This class includes true shrubs, young trees in an early successional stage or trees stunted from environmental conditions. Woody Wetlands Areas where forest or shrubland vegetation accounts for greater than 20 percent of vegetative cover and the soil or substrate is periodically saturated with or covered with water. Source: Homer et al. 2015.

Table E-3. Invasive Plants Listed Under State Statute or Regulation in the Study Area

Scientific Name Common Name State Aeschynomene virginica Curly indigo AR Agrostemma githago Corncockle AR Alhagi camelorum Camelthorn TX Allium spp. Wild onion and/or wild garlic AR Alternanthera spp. Alligatorweed AR, TX Arundo donax Giant reed TX Bromus secalinus or B. commutatus Rye brome or meadow brome (cheat or chess) AR Calonyction muricatum Moonflower AR Calystegia sepium Hedge bindweed AR, TX Cardiospermum halicacabum Balloonvine AR, TX Carduus, Cirsium, Onopordum, Thistle AR Silybum, Scolymus, Salsola, and other genera Carduus nutans Musk thistle OK Cirsium arvense Canada thistle OK Convolvulus arvenis Field bindweed AR Crotalaria spp. Crotalaria AR Cuscuta spp. Dodder AR, TX Cynodon dactylon Bermudagrass AR Cyperus rotundus Nut grass AR Echinochloa crusgalli Barnyardgrass AR Eichhornia azurea Rooted waterhyacinth TX E. crassipes Waterhyacinth TX Helianthus ciliaris Blueweed AR Hydrilla verticillata Hydrilla TX Imperota cylindrical Cogongrass AR Ipomoea spp. Morning glory AR I. aquatic Water spinach TX Lagarosiphon major Lagarosiphon TX Lolium temulentum Darnel AR Lygodium japonicum Japanese climbing fern TX

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Scientific Name Common Name State Lythrum salicaria Purple loosestrife AR, TX Melaleuca quinquenervia Paperbark TX Melia azedarach Chinaberry TX Myriophyllum spicatum Eurasian watermilfoil TX Nassella trichotoma Serrated tussock AR, TX Onopordum acanthiumq Scotch thistle OK Orobanche ramosa Broomrape TX Oryza sativa Red rice AR Panicum repens Torpedograss TX Pistia stratiotes Waterlettuce TX Plantago aristata Bracted plantain AR P. lanceolata Buckhorn plantain AR Pueraria montana var. lobata Kudzu TX Rottboellia exaltata Itchgrass AR, TX Rumex spp. Dock, sorrel AR Salvinia spp. Salvinia TX S. molesta Giant salvinia AR Schinus terebinthifolius Brazilian peppertree TX Sesbania exaltata Tall indigo or coffee bean AR Setaria faberi Giant foxtail AR Solanum carolinense Horsenettle AR S. elaeagnifolium Purple nightshade AR S. viarum dunal Tropical soda apple AR, TX Sorghum halapense Johnson grass AR Spirodela oligorrhiza Giant duckweed TX Striga spp. Witchweed AR Tamarix spp. Saltcedar TX Triadica sebifera Chinese tallow tree TX Xanthium spp. Cocklebur AR Sources: Arkansas Administrative Rule 003.11.83-004; Oklahoma Administrative Code 800:20-1-2; Texas Administrative Code Title 4 §19.300(a). AR = Arkansas; OK = Oklahoma; TX = Texas

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Table E-4. Common or Typical Wildlife Species in the Study Area by Ecoregion

Ecoregion Name Common or Typical Wildlife Species State Arkansas Valley White-tailed deer, coyote, bobcat, swamp rabbit, beaver, AR, OK raccoon, armadillo, wild turkey, mourning dove, box turtle Boston Mountains Black bear, white-tailed deer, coyote, red fox, gray fox, bobcat, AR, OK beaver, skunk, mink, muskrat, gray squirrel, wild turkey, wood thrush, hooded warbler, box turtle, many sensitive fish species Central Great Plains White-tailed deer, mule deer, pronghorn, coyote, jackrabbit, OK cottontail rabbit, plains pocket mouse, sandhill crane, burrowing owl, prairie falcon, lark sparrow, Great Plains toad Central Irregular White-tailed deer, badger, raccoon, skunk, muskrat, cottontail OK Plains rabbit, mink, Canada geese, bobwhite quail, western meadowlark, ring-neck pheasant Cross Timbers White-tailed deer, bobcat, gray fox, raccoon, cottontail rabbit, OK black-tailed jackrabbit, prairie chicken, wild turkey, mourning dove, eastern meadowlark, lark sparrow, box turtle, and rattlesnake East Central Texas White-tailed deer, javelina, coyote, ring-tail cat, raccoon, OK, TX Plains opossum, bobcat, armadillo, jackrabbit, cottontail rabbit, Cooper’s hawk, mockingbird, scaled quail, white-winged dove, mourning dove Flint Hills White-tailed deer, coyote, bobcat, red fox, badger, raccoon, OK cottontail rabbit, fox squirrel, plains pocket gopher, prairie vole, meadowlarks, Cooper’s hawk Ouachita Mountains White-tailed deer, black bear, coyote, bobcat, gray fox, gray AR, OK squirrel, muskrat, mink, eastern fox squirrel, pine vole, wild turkey, wood thrush, red-eyed vireo, Carolina wren, box turtle, timber rattlesnake, Fourche Mountain salamander Ozark Highlands White-tailed deer, coyote, bobcat, beaver, gray bat, wild turkey, AR, OK eastern bluebird, bobwhite, warblers, collared lizard, many salamanders South Central Plains White-tailed deer, coyote, beaver, raccoon, muskrat, mink, river AR, OK, TX otter, swamp rabbit, cottontail rabbit, armadillo, mourning dove, white ibis, Mississippi kite Texas Blackland Coyote, ringtail cat, armadillo, raccoon, skunk, cottontail rabbit, TX Prairies plains pocket gopher, turkey vulture, lark sparrow, northern cardinal, mourning dove Source: Wiken et al. 2011. AR = Arkansas; OK = Oklahoma; TX = Texas

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Table E-5. Migratory Birds of Conservation Concern that Occur or Have the Potential to Occur in Study Area

Species Season Acadian flycatchter (Empidonax virescens) Breeding American bittern (Botaurus lentiginosus) Wintering American kestrel (Falco sparverius paulus) Year-round Bachman’s Sparrow (Peucaea aestivalis) Year-round Bald eagle (Haliaeetus leucocephalus) Year-round Bell’s vireo (Vireo bellii) Breeding Bewick’s wren (Thryomanes bewickii ssp. bewickii) Year-round Black-crowned night-heron (Nycticorax nycticorax) Breeding Blue-winged warbler (Vermivora pinus) Breeding Brown-headed nuthatch (Sitta pusilla) Year-round Burrowing owl (Athene cunicularia) Breeding Cassin’s sparrow (Peucaea cassinii) Breeding Cerulean warbler (Dendroica cerulea) Breeding Chestnut-collared longspur (Calcarius ornatus) Wintering Chuck-will’s-widow (Caprimulgus carolinensis) Breeding Dickcissel (Spiza americana) Breeding Field sparrow (Spizella pusilla) Year-round Fox sparrow (Passerella iliaca) Wintering Golden eagle (Aquila chrysaetos) Wintering Grasshopper sparrow (Ammodramus savannarum) Breeding Harris’s sparrow (Zonotrichia querula) Wintering Henslow’s sparrow (Ammodramus henslowii) Breeding, Wintering Hudsonian godwit (Limosa haemastica) Migrating Kentucky warbler (Oporornis formosus) Breeding Lark bunting (Calamospiza melanocorys) Breeding, Wintering Le Conte’s sparrow (Ammodramus leconteii) Wintering Least bittern (Ixobrychus exilis) Breeding Lesser yellowlegs (Tringa flavipes) Wintering Lewis’s woodpecker (Melanerpes lewis) Wintering Little blue heron (Egretta caerulea) Breeding Loggerhead shrike (Lanius ludovicianus) Year-round Long-billed curlew (Numenius americanus) Breeding Louisiana waterthrush (Parkesia motacilla) Breeding Mississippi kite (Ictinia mississippiensis) Breeding Northern flicker (Colaptes auratus) Year-round Orchard oriole (Icterus spurius) Breeding Painted bunting (Passerina ciris) Breeding Pied-billed grebe (Podilymbus podiceps) Year-round Prairie warbler (Dendroica discolor) Breeding

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Species Season Prothonotary warbler (Protonotaria citrea) Breeding Red-headed woodpecker (Melanerpes erythrocephalus) Year-round Rufous-crowned sparrow (Aimophila ruficeps) Year-round Rusty blackbird (Euphagus carolinus) Wintering Scissor-tailed flycatcher (Tyrannus forficatus) Breeding Sedge wren (Cistothorus platensis) Migrating Short-eared owl (Asio flammeus) Wintering Snowy plover (Charadrius alexandrinus) Breeding Sprague’s pipit (Anthus spragueii) Wintering Swainson’s hawk (Buteo swainsoni) Breeding Swainson’s warbler (Limnothlypis swainsonii) Breeding Upland sandpiper (Bartramia longicauda) Breeding Willow flycatcher (Empidonax traillii) Breeding Wood thrush (Hylocichla mustelina) Breeding Worm-eating warbler (Helmitheros vermivorum) Breeding

References

Homer, C.G., J.A. Dewitz, L. Yang, S. Jin, P. Danielson, G. Xian, J. Coulston, N.D. Herold, J.D. Wickham, and K. Megown. 2015. Completion of the 2011 National Land Cover Database for the conterminous United States-Representing a decade of land cover change information. Photogrammetric Engineering and Remote Sensing, v. 81, no. 5, p. 345–354. Available: https://www.mrlc.gov/nlcd2011.php. Accessed: September 21, 2017.

U.S. Environmental Protection Agency. 2016. U.S. Level III and IV Ecoregions. Available: https://catalog.data.gov/dataset/u-s-level-iii-and-iv-ecoregions-u-s-epa. Accessed: September 20, 2017.

Wiken, E., F.J. Nava, and G. Griffith. 2011. North American Terrestrial Ecoregions—Level III. Commission for Environmental Cooperation, Montreal, Canada. Available: http://www3.cec.org/islandora/en/item/10415-north-american-terrestrial-ecoregionslevel-iii- en.pdf. Accessed: September 20, 2017.

American Electric Power Habitat Conservation Plan September 2018 E-9 Environmental Impact Statement

Appendix F Visual Resources

Appendix F Visual Resources

This appendix contains additional material that supports EIS Section 3.7, Visual Resources, including the following:

 Viewshed Sensitive Features in Study Area by Jurisdiction and State (Table F-1)

 Descriptions of Physiographic Provinces in the Study Area

American Electric Power Habitat Conservation Plan September 2018 F-1 Environmental Impact Statement

U.S. Fish and Wildlife Service Visual Resources

Table F-1. Viewshed Sensitive Features in the Study Area by Jurisdiction and State Sensitive Federal Lands Holla Bend National Wildlife Boggy Depot Deep Fork National Wildlife Refuge Refuge Pond Creek National Wildlife Kenwood Indian Reservation Little River National Wildlife Refuge Refuge Fort Smith National Historic Site Arcadia Lake Ozark Plateau National Wildlife Refuge President William Jefferson Birch Lake Sequoyah National Wildlife Clinton Birthplace Home National Refuge Historic Site Fort Smith National Historic Site Broken Bow Lake Tishomingo National Wildlife Refuge ACEP-WRE _Sebastian Copan Lake Fort Smith National Historic Site Blue Mountain Recreation Area Eufaula Lake Chickasaw National Recreation Area Dardanelle Recreation Area Fort Gibson Lake Chickasaw National Recreation Area J.P. Hammerschmidt Recreation Heyburn Lake WRP_Atoka, OK (40005) Area Millwood Recreation Area Hugo Lake Tonkawa Tribe Trust Land Nimrod Recreation Area Hulah Lake Camp Gruber Ozark Recreation Area Kaw Lake McAlester AAP Blue Mountain Lake Keystone Lake Tinker Air Force Base Dardanelle Lake Oologah Lake Tinker Support Annex DeGray Lake Pine Creek Lake Thlopthlocco Tribal Town (Creek) DeGray Reservoir Robert S. Kerr Lake Hurricane Creek, Arkansas National Wild and Scenic River Millwood Lake Sardis Lake Mulberry River, Arkansas National Wild and Scenic River Nimrod Lake Skiatook Lake Hurricane Creek, Arkansas National Wild and Scenic River Ozark Lake Tenkiller Ferry Lake Absentee-Shawnee Tribe Trust Land Robert S. Kerr Lake Wister Lake Eastern Shawnee Tribe Trust Land Blue Mountain Beech Creek Iowa Tribe Trust Land Devils Canyon Rich Mountain Kaw Nation Trust Land Gee Creek Beech Creek National Botanical Kickapoo Tribe Trust Land Area Indian Creek Robert S. Kerr National Botanical Otoe-Missouria Tribe Trust Land Area Black Mountain National Game Indian Nations National Scenic Ottawa Tribe Trust Land Refuge And Wildlife Area Haw Creek National Game Refuge Winding Stair Mountain National Pawnee Indian Tribe Trust Land Recreation Area Pigeon Creek National Game Beech Creek National Scenic Peoria Tribe Trust Land Refuge Area Ouachita National Forest Tiak Ponca Tribe Trust Land Ozark-St. Francis National Forest Black Fork Mountain Wilderness Quapaw Tribe Trust Land

American Electric Power Habitat Conservation Plan September 2018 F-2 Environmental Impact Statement

U.S. Fish and Wildlife Service Visual Resources

Region 08 National Forest Upper Kiamichi River Sac and Fox Nation Trust Land Wilderness Ouachita National Wildlife Refuge Little River National Wildlife Seneca-Cayuga Tribe Trust Land Refuge Black Fork Mountain Wilderness Wright Patman Recreation Area Deep Fork National Wildlife Refuge Dry Creek Wilderness Pat Mayse Lake Ozark Plateau National Wildlife Refuge Hurricane Creek Wilderness Wright Patman Lake Mulberry River, Arkansas National Wild and Scenic River Poteau Mountain Wilderness Tulsa IAP Big Piney Creek, Arkansas National Wild and Scenic River Sensitive State Lands - Arkansas Cherokee Prairie Natural Area Ozan Ozark Plateau Wildlife Management Area Dardanelle Rock Natural Area Petit Jean Old Washington Historic State Park H.E. Flanagan Prairie Natural Area Rick Evans Grandview Prairie De Gray State Park Nacatoch Ravines Natural Area Sulphur River Lake Dardanelle State Park Terre Noire Natural Area Nimrod State Game Management Lake Fort Smith State Park Area White Cliffs Natural Area Bois D'arc Millwood State Park Rest Area / Wayside Park Galla Creek Mount Nebo State Park Wayside Park Hope Upland Little River Blevins Sensitive State Lands - Oklahoma Oliver's Woods Disney State Park Schooler Public Fishing Area OSU McPherson Preserve Dog Iron Ranch & Will Rogers Skiatook Wildlife Management Birthplace Area Arcadia Conservation Education Greenleaf State Park Sparrowhawk Wildlife Area Management Area Atoka Public Hunting Area Hochatown State Park Spavinaw Game Management Area Atoka Wildlife Management Area Honey Creek State Park Spavinaw Public Hunting Area Blue River Public Fishing & Hugo Lake State Park Stringtown Wildlife Management Hunting Area Area Broken Bow Wildlife Management Keystone State Park Tenkiller Wildlife Management Area Area Candy Creeek Wildlife Lake Eufula State Park Texoma/Washita Arm Wildlife Management Area Management Area Cherokee Game Management Lake Tenkiller State Park Tishomingo Wildlife Management Area Unit Cherokee Public Hunting Area Lake Thunderbird State Park Whitegrass Flats Wildlife Management Area Chickasaw National Recreation Mcgee Creek State Park Wister Wildlife Management Area Area & Waterfowl Refuge Cookson Wildlife Management Natural Falls State Park Yourman Wildlife Management Area Area Copan Wildlife Management Area Okmulgee/dripping State Park Arrowhead State Park Cross Timbers Wildlife Osage Hills State Park Bernice State Park Management Area Deep Fork Wildlife Management Pawnee Bill Museum State Park Boswell State Park Area

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Eufaula Wildlife Management Raymond Gary State Park Cherokee Landing State Park Area Fobb Bottom Wildlife Sequoyah Bay State Park Cherokee State Park Management Area Fort Gibson Public Hunting Area Snowdale State Park Clayton Lake State Park & Waterfowl Refuge Portion Gary Sherrer Wildlife State Parkavinaw State Park McGee Creek Wildlife Management Area Management Area Grassy Slough Wildlife Twin Bridges State Park Nanih Waiya Public Fishing Area Management Area Heyburn Wildlife Management Walnut Creek State Park Okmulgee Game Management Area Area Hickory Creek Wildlife Wister State Park Okmulgee Public Hunting Areaa Management Area Honobia Creek Wildlife Beavers Bend State Resort Park Oologah Wildlife Management Management Area Area Hugo Wildlife Management Area Lake Murray State Resort Park Osage Wildlife Management Area Hulah Wildlife Management Area Lake Texoma State Resort Park Ozark Plateau Wildlife Management Area James Collins Wildlife Robbers Cave State Resort Park Ozzie Cobb Public Fishing Area Management Area John Dahl Wildlife Management Western Hills Guest Pine Creek Wildlife Management Area Ranch/Sequoya Sp State Resort Area Kaw Wildlife Management Area Robbers Cave Wildlife Pushmataha Wildlife Management Management Area Area Keystone Wildlife Management McClellan Kerr Wildlife Raymond Gary Public Fishing Area Management Area Area Lexington Wildlife Management McCurtain County Wilderness Red Slough Wildlife Management Area Area Area & Waterfowl Refuge Portion Love Valley Wildlife Management Lower Illinois River Public Area Fishing and Hunting Area Sensitive State Lands - Texas Sam Bell Maxey House State Bonham State Park Sulphur River Historic Site Sensitive Local Lands - Arkansas Boston Mountains Fee WRP_Crawford WRP_Sebastian Cherokee Prairie East Fee WRP_Franklin WRP_Yell Lee Creek - Devils Den Karst Fee WRP_Hempstead Fort Smith Miller County Sandhill Fee WRP_Johnson Nacatoch Ravines Natural Area Mulberry River Site Fee WRP_Little River GRP_Little River Nacatoch Ravines Fee WRP_Miller WRP_Bowie Terre Noire Fee GRP_Hempstead EWPP-FPE_Yell Sensitive Local Lands - Oklahoma Redbud Valley Nature Preserve Wyckoff WRP_Kay Heavener Runestone Park Bridgestone WRP_Latimer Martin Park Nature Center Northwest Passage WRP_Le Flore Stinchcomb Wildlife Refuge Osage Trail (Barnsdall) WRP_Lincoln Brushy Lake Park Powell Trail (River Parks) WRP_Love Lake Eucha Park Sivadon / AAP WRP_Mayes Lake Hefner Tomsen WRP_McCurtain Lake Overholser EWPP-FPE_Bryan WRP_McIntosh Lake Stanley Draper GRP_Craig WRP_Muskogee Turner Falls Park GRP_Haskell WRP_Noble

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Lake Hefner GRP_Kay WRP_Nowata Lake Overholser GRP_Nowata WRP_Okfuskee Lake Stanley Draper GRP_Osage WRP_Okmulgee Mohawk Park WRP_Adair WRP_Osage Adair Park WRP_Atoka WRP_Ottawa Keystone Ancient Forest WRP_Bryan WRP_Pawnee Chitwood WRP_Cherokee WRP_Payne FRPP_Johnston(40069) WRP_Choctaw WRP_Pittsburg Greater Flint Hills Easement WRP_Craig WRP_Pottawatomie Keystone Woodlands Easement WRP_Creek WRP_Red River Pennington Creek Easement WRP_Garvin WRP_Rogers Rich Mountain Easement WRP_Haskell WRP_Washington US-OK-40-1 WRP_Hughes HFRP_Adair White Oak Prairie Easement Nickel 11 HFRP_Delaware Driskill Nickel 12 Camp Classen YMCA Melton - Forest Park Nickel 13 Camp Lutherhoma Preservation District Pontotoc Ridge Fee Sportsman Lake Recreation Area Wild Mountain Redbud Valley Restriction Kerr Center For Sustainable Agriculture Northwest Passage F-1 Rich Mountain Fee Ray Thompson Northwest Passage F-2 Tulsa Least Tern Nesting Area Valley Park (Tract A) Fee Northwest Passage P-1 White Oak Prairie Fee Valley Park (Tract B) Pedestal Oil Brewster Greater Flint Hills Tulsa Audubon Society Bald Eagle James Harrison Greater Flint Hills Agreement Preserve Blue River Fee Mull (N. Tract) Greater Flint Hills Fee Boehler Seeps And Sandhills Fee Mull (S. Tract Greater Flint Hills Lease Brave Heirs Perkins Greater Flint Hills Restriction Cookson Hills Fee Sensitive Local Lands - Texas Lake Crook Scott Joplin Park GRP_Bowie Lake Gibbons Simpson Park GRP_Lamar Gambill Goose Refuge Spring Lake Park WRP_Bowie Bell Park Stephenson Park WRP_Delta Beverly Park T & P Trailhead Park WRP_Fannin Bringle Lake Park Wade Park WRP_Lamar ByWaters Park Walker Park WRP_Lamar Catron Park Lennox Woods Fee WRP_Red River Cubertson Park Tridens Prairie Fee Leon Williams Park Ferguson Park Karrh Park Oak Park Findley Street Park Kidtopia Grady T. Wallace Park Lake Bonham Recreation Park Heritage Park Source: U.S. Geological Survey 2016 ACEP-WRE = Agricultural Conservation Easement Program – Wetland Reserve Enhancement; WRP = Wetland Reserve Program; AAP = Army Ammunition Plan; IAP=International Airport; OSU = Oklahoma State University; GRP = Grassland Reserve Program; EWPP-FPE = Emergency Watershed Protection Plan – Floodplain Easement; FRPP = Farm and Ranch Lands Protection Plan; HFRP = Healthy Forests Reserve Program; YMCA = Young Men’s Christian Association.

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U.S. Fish and Wildlife Service Visual Resources

Physiographic Provinces in the Study Area Central Lowlands Province Landforms in this region of Oklahoma within the Plan Area are of slight relief with flat and smooth topography (with the exception of the Arbuckle Mountains). Natural vegetation includes eastern hardwood forest, floodplain forest, mixed grass prairie, tall grass prairie, and tall grass savanna. Cultural vegetation includes residential plantings, orchards, hedgerows, hay/pastures, and cultivated crops. Major reservoirs, lakes, and rivers with viewing opportunities include Atoka Reservoir, Copan Lake, Grand Lake of the Cherokees, Greenleaf Lake, Hulah Lake, Kaw Lake, Keystone Lake, Lake Eufaula, Lake Murray, Oolaga Reservoir, Skiatook Lake, the Arkansas River, the Little River, and the Spring River. Population centers include Norman, Oklahoma City, Stillwater, and Tulsa and their suburbs, and numerous towns and villages. The province is intersected by Interstates 35, 40 (Historic Route 66) and 44, U.S. Highways 69, 75, and 412, and numerous state and local highways and roads. Figure F-1 provides an example of a common landscape of the Central Lowlands Province.

Figure F-1. Common Landscape of the Central Lowlands Province

Source: Google Earth 2017 Coastal Plain Province Landforms of this region of Arkansas, Oklahoma, and Texas within the Plan Area are unvaried with extremely flat topography (with the exception of the Caddo Hills), and areas of finely dissected slopes. Natural vegetation includes eastern hardwood forest, floodplain forest, southern mixed forest, tall grass prairie, and tall grass savanna. Cultural vegetation includes residential plantings,

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orchards, hedgerows, pastures, and field crops. Major reservoirs, lakes, and rivers with viewing opportunities include Hugo Lake, Lake Texoma, McGee Creek Reservoir, Pat Mayse Lake, South Lake, Wright Patman Lake, and the Sulphur River. Population centers include Arkadelphia, Paris, Texarkana, and several towns and villages. The province is intersected by Interstate 10, U.S. Highways 69, 70, 75, 82, 271, and 377, and numerous state and local highways and roads. Figure F-2 provides an example of a common landscape of the Coastal Plain Province.

Figure F-2. Common Landscape of the Coastal Plain Province

Source: Google Earth 2017 Ouachita Province Landforms of this region of Arkansas and Oklahoma within the Plan Area consist of numerous mountains and mountain ranges, which are typified by linear escarpments and moderate to steep topography. Natural vegetation includes eastern hardwood forest, floodplain forest, southern mixed forest, and tall grass savanna. Cultural vegetation includes residential plantings, orchards, hedgerows, pastures, and field crops. Major reservoirs, lakes, and rivers with viewing opportunities include Blue Mountain Lake, DeGray Lake, Lake Dardanelle, Lake Hinkle, Nimrod Lake, Robert S. Kerr Reservoir, Tenkiller Lake, Wister Lake, the Arkansas River, the Canadian River, and the Poteau River. Population centers include Clarksville, Fort Smith, Muskogee, Van Buren, and numerous towns and villages. The province is intersected by Interstates 40 and 540, U.S. Highways 71 and 59, and numerous state and local highways and roads. Figure F-3 provides an example of a common landscape of the Ouachita Province.

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U.S. Fish and Wildlife Service Visual Resources

Figure F-3. Common Landscape of the Ouachita Province

Source: Google Earth 2017 Ozark Plateaus Province Landforms of this region of Arkansas and Oklahoma within the Plan Area are thoroughly dissected with numerous steep mountains and mountain ranges and narrow valley floors. Natural vegetation includes eastern hardwood forest, southern mixed forest, and tall grass savanna. Cultural vegetation includes residential plantings, orchards, hedgerows, pastures, and field crops. Major reservoirs, lakes, and rivers with viewing opportunities include Fort Gibson Reservoir, Lake Eucha, Lake Fort Smith, Tenkiller Lake, and the Neosho River. Population centers include Fort Gibson, Grove, Muskogee, Tahlequah, and numerous towns and villages. The province is intersected by Interstate 540, U.S. Highways 71, 59, and 412, and numerous state and local highways and roads. Figure F-4 provides an example of a common landscape of the Ozark Plateaus Province.

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Figure F-4. Common Landscape of the Ozark Plateaus Province

Source: Google Earth 2017

References

Google Earth Pro, Street View, 2017.

U.S. Geological Survey. 2016. GAP Analysis Program (GAP). Protected Areas Database of the United States (PAD-US), version 1.4 Combine Feature Class. Available: https://gapanalysis.usgs.gov/padus/data/download/ Accessed: October 5, 2017.

American Electric Power Habitat Conservation Plan September 2018 F-9 Environmental Impact Statement

Appendix G Public Comment and Agency Response Appendix G Public Comment and Agency Response

G.1 Introduction This appendix responds to public comments we received on the draft environmental impact statement (EIS) and habitat conservation plan (HCP), and describes how and where those comments led to changes in the Final EIS and Final HCP. We published a Notice of Availability (NOA) for the Draft EIS and HCP in the Federal Register on July 3, 2018. During the 45-day public comment period, we received eight individual comment submissions through Regulations.gov, as well as a letter from the Osage Nation and U.S. Environmental Protection Agency.

G.2 Responses to Comments Table G-1 lists all of the commenters that submitted comments and the unique ID assigned to each commenter. Following the table, the comments are displayed below in numerical order in the format in which they were received. Please note that we did not edit the comments for grammar, spelling, or format.

All comments submitted online at www.regulations.gov can be viewed online by searching on the docket number of this project: FWS-R2-ES-2017-0105. The two comments that were not submitted via Regulations.gov are included as attachments at the end of Appendix G.

Table G-1. Individual Comment Submissions on the Draft EIS and HCP Commenter Regulations.gov Comment Number Jean Publieee FWS-R2-ES-2017-0105-0005 Anonymous FWS-R2-ES-2017-0105-0006 Anonymous FWS-R2-ES-2017-0105-0007 Anonymous FWS-R2-ES-2017-0105-0008 Joshua Bolduc FWS-R2-ES-2017-0105-0009 Texas Parks and Wildlife* FWS-R2-ES-2017-0105-0010 Anonymous FWS-R2-ES-2017-0105-0011 Anonymous FWS-R2-ES-2017-0105-0012 U.S. Environmental Protection Agency* N/A; submitted via email Osage Nation* N/A; submitted via mail *Comment letters are attached at the end of Appendix G

Comment ID: FWS-R2-ES-2017-0105-0005 (Jean Publieee) THE BURYING BEETLE IS ENDANGERD AND PROTECTED. FOR THAT REASON, AMERICNA ELECTRIC POWER

SHOULD BUILD SOMEWHERE ELSE THAT IT DOES NOT HURT THIS PROTECTED SPECIES THE REASON FOR THEM BEING PROTECTED IS THAT THEY ARE PRECIOUS AND PART OF THE ECOLOGICAL

American Electric Power Habitat Conservation Plan September 2018 G-1 Environmental Impact Statement

U.S. Fish and Wildlife Service Public Comment and Agency Response

SCHEME. OBVIOSLY THIS PROFITEER THINKS IT DOESNT NEED TO OBSERVEANY LAWS OR SAVE ANY PART OF NATURE AND CAN JUST RIDE ROUGHSHOD OVER ALL OUR ENDANGRED SPECIES.

TELL AEP TO GO TO HELL. THAT WE NEED TO PROTECT THE ENVIRONMENT BECAUSE WHEN WE KILL THE ENVIRONMENT, WE ARE KILLIGN OURSLEVES AND EVERYTHING THAT MAKES LIFE WORTH LIVING.

THERE IS ALWAYS ANOTHER PATH. STOP DESTROYING OUR NATURAL RESOURCES WITH THESE LINES.

Response to Comment 0005 American Electric Power (AEP) has a defined service area in order to meet public demand for electricity. AEP and its operating companies, Public Service Company of Oklahoma and Southwestern Electric Power Company, maintain and operate facilities and infrastructure in Arkansas, Oklahoma, and Texas. The locations and types of new facilities depend on the service demands of its customers and input from Federal Energy Regulatory Commission–approved Regional Transmission Organizations, which manage planning and operation of the nation’s electric grid.

One of the purposes of the HCP is for AEP and us to identify avoidance and minimization measures (AMMs) so that take of the American burying beetle (ABB) is minimized to the maximum extent practicable. We will not issue an incidental take permit (ITP) to AEP unless we find the following:

• The taking will be incidental to otherwise lawful activities.

• AEP will, to the maximum extent practicable, minimize and mitigate the impacts of such takings.

• AEP will ensure that adequate funding for the HCP and procedures to deal with unforeseen circumstances will be provided.

• The taking will not appreciably reduce the likelihood of the survival and recovery of ABB in the wild.

• AEP has met the measures, if any, required by the director of the U.S. Fish and Wildlife Service as being necessary or appropriate for the purposes of the plan.

• The Secretary of the Interior has received assurances, as required, that the plan will be implemented.

Comment ID: FWS-R2-ES-2017-0105-0006 (Anonymous) "Today, coal-fueled power plants account for approximately 47 percent of AEP's generating capacity."

Yeah, this is an environmentally responsible company. Not. Ryan "Garrison Flag" Zinke would approve, since they're using his favorite stone age fossil fuel.

Response to Comment 0006 Thank you for your comment.

American Electric Power Habitat Conservation Plan September 2018 G-2 Environmental Impact Statement

U.S. Fish and Wildlife Service Public Comment and Agency Response

Comment ID: FWS-R2-ES-2017-0105-0007 (Anonymous) Wildfires should be part of Carbon emissions standards. (CSAPR) , which the regulation failed to consider. States that restrict forest service work, and allow forest fuel to build up need to pay their fair share. If we add Wildfire to the cause of climate Ozone impact then we could save billions on Regulations of the wrong industries the past administration was fighting. Environmentalist activists like to blame drought, but California received record-breaking rains in the winter of 2016-2017, with historic levels of tree die-off, makes you wonder who is watching the hen house.

WILDFIRES contain substantial amounts of MERCURY emissions (2 to 7 mg Hg-m-2 per fire event) due to the build-up in surface material over long time periods. Large wildfires have a considerable impact on the atmospheric concentrations of CO2, CO, O3, NOx, and carbon dioxide C02 carbon monoxide (CO) and METHANE (CH4) across North America. Carbon releases can be as high as 4 to 8 kg C-m-2 per fire event. Wildfire emissions significantly affect concentrations far downwind. Atmospheric measurements have pointed to wildfires as a significant source of CO to the atmosphere. With CO, O3, nitrogen oxides, and equivalent black carbon show fires to be of great levels of these gas to a hemispheric scale. Large regional fire events over short time periods produce very high rates of emissions.

PAST ADMINSTRATION BACKWARD THINKING.Last year fire management alone consumed 56 percent of the USDA Forest Service's national budget. As fire suppression ( AFTER THE FIRE), costs continue to grow as a percentage of the USDA Forest Services budget, funding is shrinking for non-fire programs( BEFORE THE FIRE STARTS), that protect watersheds and restore forests, making them more resilient to wildfire and drought. Most of fire budget should be for before fires not after fires.

During summer 2004 there were times when CO from the Alaska/Canada fires exceeded anthropogenic CO in the New England region and exacerbated ozone levels as far south as Houston. Wildfire increase regional and global carbon and trace gas emissions.

Chronic litigation is hindering our Forest Service, Agriculture, Fish and wildlife, and other resource/land management professionals.

With a staggering all time high of 129 million dead trees in California along, impacts have MAJOR ISSUE on Ozone atmospheric conditions.

Government spend billions to fight oil, gas, coal, factories under the pretense of flawed reports, yet the clear and present danger is Wildfire emission CO2, CO, O3, NOx, and CH4 and (PM2.5) but nothing is spend to stop the flawed ideas of not cutting and thinning old growth. Possible shell game by Environmental activist, or global religion called diversion strategies which diverts the regulators from these serious concerns.

Estimates of NOx, formaldehyde, and glyoxal emissions from biomass burning events derived from enhancements measured by a OMI (Ozone Monitoring Instrument). The location of a particular ozone isopleth is defined by the ratio of the VOC and NOx coordinates of the point, referred to as the VOC/ NOx ratio. The VOC/NOx ratio is important in the behavior of the VOC-NOx-O3 system. Moreover, it has a major effect on how reductions in VOC and NOx affect ozone concentrations. The increase in peak ozone concentration at relatively low VOC/NOx ratios that occurs when NOx is reduced has been a major issue in the development of ozone control strategies. NOx reductions will have significantly different effects depending on the particular VOC/NOx ratio, which varies significantly within an air basin

Public exposure to wildfire smoke is a concern because a large proportion of wildland fire smoke emissions is fine particulate matter (PM2.5) that can penetrate to the deepest parts of the lungs. are 2.5

American Electric Power Habitat Conservation Plan September 2018 G-3 Environmental Impact Statement

U.S. Fish and Wildlife Service Public Comment and Agency Response micrometers in diameter or smaller, and can only be seen with an electron microscope. Fine particles are produced from all types of combustion, including residential wood burning, forest fires.

December 11, 2017 The USDA Forest Service additional 27 million trees, died throughout California since November 2016, to an historic 129 million on 8.9 million acres.

The dead trees pose a hazard to people and critical infrastructure. The number of dead and dying trees has continued to rise, along with the risks to communities and firefighters. Regional Forester of the USDA Forest Service. Californias trees remain vulnerable increased wildfire threat. The USDA Forest Service focus on mitigating hazard trees and thinning overly dense forests so they are healthier and better able to survive stressors like this in the future.

Fires are very large and often severe in many ecosystems of the region. In 2004, more than 5.8 million ha burned in Canada and Alaska, one of the largest fire year on record for the North American. Forest Service needs to stop the environmentalist for doing their job to protect the lands and people.

Response to Comment 0007 This comment does not pertain to the draft EIS or HCP. It appears this comment was uploaded to the wrong docket.

Comment ID: FWS-R2-ES-2017-0105-0008 (Anonymous) Not only does Wind hurt our Proud Eagles , Birds and Bats, Wind and Solar does Not reduce emissions ., example is failed policy in EU, Germans are paying more, getting less and emitting more carbon dioxide. In 2017, of the 27 member countries in the European Union, 20 member countries had increased rates of carbon dioxide emissions . France and Italy each increased their carbon dioxide emissions in 2017 by 3.2 percent. Spain increased its carbon dioxide emissions by 7.4 percent in 2017 despite generating power from wind, solar and hydroelectric resources. Spain accounted for a 7.7 percent share of Europes total emissions output in 2017. despite massive investments in renewable energy, the European Union is far from hitting this goal. Germany invested heavily in wind and solar power, but it remains the Europes largest emitter of carbon dioxide emissions. Germany spent an estimated 189 billion euros around $222 billion on subsidies for renewable energy since 2000 while its carbon dioxide emissions have remained at about 2009 levels. The country decreased its carbon dioxide emissions by just 0.2 percent from their 2016 levels in 2017.

The wind industry in Europe is burying millions of tons of toxic waste, as wind units near the end of their 20-year operating life. The European Union believed that intermittent renewables were the answer to meeting its carbon dioxide reduction goals. But, the regions carbon dioxide emissions rose by almost 2 percent in 2017 despite massive investments in renewable energy. A study of the wind industry in Europe has shown that wind energy produces idle capacity and expensive electricity as duplicative power sources must exist to provide power when the wind is not blowing and when wind capacity is not operating. Germany's onshore wind turbine boom is set to come to a halt next year with a government- requested report projecting only 9 GW to be added over the coming five years compared to 22 GW coming online over the past five years. New onshore wind additions will plunge to just 1.3 GW next year, the lowest annual growth since 2009 with additions only slowly recovering in 2020 and 2021. 2018, the report predicts some 3.3 GW, dMonthly additions in May plunged to a four-year low, the latest data published this week shows, with only 1.5 GW added so far this year.

American Electric Power Habitat Conservation Plan September 2018 G-4 Environmental Impact Statement

U.S. Fish and Wildlife Service Public Comment and Agency Response

Germany decided in 2014 to move from fixed feed-in-tariffs to competitive auctions to reduce the overall costs for renewable subsidies with prices in the first auctions in 2017 dropping sharply and averaging below Eur40/MWh. Some 16 GW of old turbines will run out of their fixed 20-year contracts between 2021 and 2025,

Germanys Energiewende has not made a major contribution to the environment or to Germanys climate. But since renewable energy subsidies are financed through electric bills, Energiewende is a major reason why prices for German consumers have doubled since 2000. Germans now pay about three times more than consumers in the United States.

German wind farm operators will be forced to dismantle and recycle their turbines, which is very expensive and not included in their price of the wind power. Further, the large blades, which are made of fiberglass composite materials and whose components cannot be separated from each other, are almost impossible to recycle and burning the blades is extremely difficult, toxic and energy-intensive. According to German law, the massive 3000-metric ton reinforced concrete turbine base must be removed. Some of the concrete bases reach depths of 20 meters and penetrate multiple ground layers, which can cost several hundreds of thousands of euros to remove. Many wind farm operators have not provided for this expense. Wind farm operators are trying to circumvent this expense by removing just the top two meters of the concrete and steel base, hiding the rest with a layer of soil.

Germany has made it more difficult to obtain approvals for new wind farms due to an unstable power grid, noise pollution, blighted views and health hazards. So with fewer new turbines coming online, wind energy production in Germany is likely to recede in the future.

Germanys 29,000 wind turbines are approaching 20 years of operating life and for the most part are outdated, requiring maintenance and expensive repairs. That means their earnings will not cover the cost of their operation. Further, the generous subsidies granted at the time of their installation will soon expire, further making them unprofitable. After 2020, thousands of turbines will lose their subsidies with each successive year, and must be taken offline and mothballed. It is estimated that about 5700 turbines with an installed capacity of 45 megawatts will see their subsidies expire by 2020 and approximately 14,000 megawatts of installed capacity will lose their subsidies by 2023,

2018 june, The Chinese governments announce significant cut down in subsidies offered to the nations solar projects,

Response to Comment 0008 This comment does not pertain to the draft EIS or HCP. It appears this comment was uploaded to the wrong docket.

Comment ID: FWS-R2-ES-2017-0105-0009 (Johsua Bolduc) I think that this EIS is unacceptable due to the fact that it allows incidental takes for 30 years! The American Burying Beetle is already endangered, mostly due to habitat loss. How can allowing more of its habitat to be destroyed be helpful for its recovery? This EIS is absurd and needs to be revoked an re- examined.

Response to Comment 0009 We are evaluating AEP’s application for a 30-year ITP. American Electric Power chose 30 years because it provides a reasonable planning horizon to implement the Covered Activities and to realize the cost

American Electric Power Habitat Conservation Plan September 2018 G-5 Environmental Impact Statement

U.S. Fish and Wildlife Service Public Comment and Agency Response savings from HCP implementation as compared to the cost of preparing the HCP. A 30-year time period also allows for the full implementation and evaluation of the conservation strategy, including monitoring and adaptive management.

One of the alternatives analyzed in the Draft EIS (Alternative C) was a reduced permit term of 20 years. Our Record of Decision (ROD) will be published in the Federal Register and will identify the selected alternative.

One of the purposes of the HCP is for AEP and us to identify AMMs so that take of ABB is minimized to the maximum extent practicable. We will not issue ITP to AEP unless we find the following:

• The taking will be incidental to otherwise lawful activities.

• AEP will, to the maximum extent practicable, minimize and mitigate the impacts of such takings.

• AEP will ensure that adequate funding for the HCP and procedures to deal with unforeseen circumstances will be provided.

• The taking will not appreciably reduce the likelihood of the survival and recovery of ABB in the wild.

• AEP has met the measures, if any, required by the director of the U.S. Fish and Wildlife Service as being necessary or appropriate for the purposes of the plan.

• The Secretary of the Interior has received assurances, as required, that the plan will be implemented.

Comment ID: FWS-R2-ES-2017-0105-0010 (Texas Parks and Wildlife)

Section 1.2.3.1 Species Considered for Coverage lists all federally and state-listed species that occur or have the potential to occur within the plan area. Even though the HCP states the likelihood of adversely affecting listed species is highly project specific and better managed on an individual basis, TPWD recommends that the HCP include a provision to report state-listed species, species of greatest conservation need (SGCN) (as identified in the Texas Conservation Action Plan (TCAP)), and rare vegetative communities encountered in the plan area in Texas to the Texas Natural Diversity Database (TXNDD) according to data submittal instructions found on their webpage.

Response to Comment

American Electric Power conducts database searches for state-listed species, SGCN, and rare species in areas where potential impacts would occur as part of its project planning and review process. If such species are identified during the course of normal ABB survey activities on federal or state lands, they will be reported to the TXNDD. If such species are identified on private lands, reporting them to the TXNDD is at the discretion of the landowner.

Comment ID: FWS-R2-ES-2017-0105-0010 (Texas Parks and Wildlife)

In Section 4.2.5 Altered Soil Moisture, the HCP states that reduction of vegetation to height less than 8 inches may reduce soil moisture sufficiently to hinder ABB burial of carcasses. TPWD would like to see citations or additional discussion of how the HCP authors have concluded that 8 inches is the threshold for reducing soil moisture.

American Electric Power Habitat Conservation Plan September 2018 G-6 Environmental Impact Statement

U.S. Fish and Wildlife Service Public Comment and Agency Response

Response to Comment

In our American Burying Beetle Impact Assessment for Project Reviews (March 2016), we identify areas with vegetation height less than 8 inches as unfavorable for ABB. The HCP is consistent with our findings. HCP Section 4.2.5, Altered Soil Moisture, was revised to clarify this point and to include references to our document noted above and the following study:

Hoback, W.W. 2016. Effects of Compaction and Soil Moisture on American Burying Beetles. A Report on Research Sponsored By: Nebraska Department of Transportation and Federal Highway Administration. 56 pages.

Comment ID: FWS-R2-ES-2017-0105-0010 (Texas Parks and Wildlife)

In Section 4.3 Estimated Incidental Take and Impact of the Taking, the HCP states that avoidance, minimization, and mitigation requirements apply only to the known range of the ABB as defined by the USFWS. TPWD would like clarification as to whether Lamar and Red River counties are being considered as part of the current ABB range. TPWD recommends that Lamar and Red River counties be considered part of the range since both counties have documented occurrences of the ABB. TPWD wants to protect ABB habitat in Texas which could support ABB populations in the future. Therefore, TPWD encourages AEP to implement avoidance and minimization measures in all Texas counties within the HCP plan area. Also, it is not clear whether ABB surveys will be conducted outside of the defined range when implementing projects. TPWD recommends that the HCP includes conducting valid ABB surveys for activities in areas favorable for use by the ABB within the plan area and not just within the designated range.

Response to Comment

American Electric Power is committed to implementing the HCP’s conservation strategy, including conducting valid ABB surveys and implementing AMMs, within our designated ABB range within the Plan Area. The Plan Area accounts for potential ABB range expansion over the permit term, and therefore includes Lamar, Red River, Bowie, and Fannin counties in Texas. Our designated range in the Plan Area currently exists in Oklahoma and Arkansas, but not in Texas. HCP Section 6.3.1.4, Changes to ABB Range and CPAs, notes that AEP will implement the conservation strategy within our designated range for the ABB, should it be designated in Texas. If TPWD has evidence to suggest that ABB range should be expanded to Lamar and Red River counties, please provide that information to us.

Comment ID: FWS-R2-ES-2017-0105-0010 (Texas Parks and Wildlife)

The HCP also states in the aforementioned section that the Public Service Company of Oklahoma estimated that 7.3 percent of distribution circuits occur in areas that could support ABB habitat and that the Southwestern Electric Power Company estimated that 5.5 percent and 0.7 percent occur in habitat that could support ABB in Arkansas and Texas, respectively. TPWD would like to see additional details on how these estimates were obtained since these numbers affect estimates of overall impact for covered projects.

Response to Comment

Distribution lines commonly occur within urban areas or along roadsides, which are areas unlikely to support ABB habitat that potentially could be impacted by Covered Activities. Public Service Company of Oklahoma and Southwestern Electric Power Company estimated the proportion of existing distribution

American Electric Power Habitat Conservation Plan September 2018 G-7 Environmental Impact Statement

U.S. Fish and Wildlife Service Public Comment and Agency Response lines occurring in these areas, and subtracted this proportion from the total amount of distribution lines to determine which lines occur in areas with the potential to impact ABB. Only a small proportion of existing distribution lines are in areas where ABB could exist. The HCP is conservative in these estimates, likely overstating the amount of distribution lines occurring in ABB habitat to minimize AEP’s risk of running out of authorized take under the ITP.

Comment ID: FWS-R2-ES-2017-0105-0010 (Texas Parks and Wildlife)

In Section 5.4 Avoidance and Minimization Measures, the HCP states that take is not expected in areas with negative survey results. How will areas with recent records but in which the most recent survey failed to produce ABB be treated? Occupancy is patchy on the landscape and detection is imperfect, so TPWD would like to see discussion about how sites that are known ABB habitat but for which occupancy is temporally patchy or for which detection is imperfect could still be treated as ABB habitat where take could occur.

Response to Comment

The HCP is designed to include a consistent and repeatable approach to determining ABB take that is consistent with our American Burying Beetle Impact Assessment for Project Reviews (March 2016). The estimated impact area from AEP’s Covered Activities is conservative and likely overestimates impacts to ABB habitat over the permit term to minimize AEP’s risk of running out of authorized take under the ITP.

Comment ID: FWS-R2-ES-2017-0105-0010 (Texas Parks and Wildlife)

Sections 5.4.1 – 5.4.7: Minimization measures primarily list measures that are already required by state law or are standard practice for the company. TPWD recommends that these sections explicitly emphasize minimization measures that go beyond regulation and standard practice in addition to acknowledging how legally required or standard practices reduce impacts on the species.

Response to Comment

American Electric Power is committed to implementing AMMs during the 30-year permit term that will minimize and mitigate the effects of its actions to ABB to the maximum extent practicable and to achieve the goals and objectives identified in the HCP, consistent with the ESA and its implementing regulations, regardless of whether these AMMs are already required by state law or adopted industry standards. These measures, together with the proposed mitigation, are deemed sufficient to fully offset the effect of the taking, Therefore, AEP did not propose additional measures.

Comment ID: FWS-R2-ES-2017-0105-0010 (Texas Parks and Wildlife)

In Section 5.5.1.1: Relief of soil compaction, disking to break up compacted soil is mentioned as a mitigation measure. Is this a practice recommended by USFWS or one that is shown in the literature to improve ABB habitat? TPWD has concerns that this could result in more take of ABB. Additionally, TPWD would like to see additional discussion about how a determination will be made for when disking is warranted (i.e. how compacted does the soil need to be and in what specific scenarios is this expected to occur?).

American Electric Power Habitat Conservation Plan September 2018 G-8 Environmental Impact Statement

U.S. Fish and Wildlife Service Public Comment and Agency Response

Response to Comment

American Electric Power is committed to disking in laydown areas and material storage areas, where ABB habitat was already impacted, to relieve soil compaction after construction activities. We recommend this practice to encourage restoration of ABB habitat after the ABB habitat impact occurs. Disking in laydown and material storage areas will be based on site conditions and the level of soil compaction post-construction.

Comment ID: FWS-R2-ES-2017-0105-0010 (Texas Parks and Wildlife)

In Section 5.5.1.2: Revegetation for Temporary and Permanent Cover Change Impacts, the HCP states that vegetation will be re-established with a native species composition similar to the surrounding area prior to impacts. However, will vegetation surveys be conducted prior to disturbance to know the densities and species present? Furthermore, have seed and plant sources been identified?

Response to Comment

In areas with temporary or permanent cover change impacts, AEP is committed to re-establish vegetation with a native species composition similar to that of the surrounding area or of the same vegetation type that existed prior to impacts. HCP Section 6.2.1.1, Annual Reporting, notes that for transmission and other large projects, project level pre-construction reports will identify and map the land cover types to be affected. American Electric Power revised the HCP to note that vegetation communities will also be identified in these reports. Annual monitoring reports will also include digital photographs of areas with temporary and permanent cover change impacts to evaluate restoration progress and document achievement of restoration success criteria. Seed and nursery stock will be free of invasive species seeds and will be obtained locally, when feasible and pending availability.

Comment ID: FWS-R2-ES-2017-0105-0010 (Texas Parks and Wildlife)

With regard to reducing erosion during construction activities, the dEIS discusses implementing stormwater best management practices such as “silt fencing, hay bales, water bars, and other efforts...” (Page 2-12: lines 1-3). In order to further minimize impacts to wildlife, TPWD recommends erosion and seed/mulch stabilization materials that avoid entanglement hazards to snakes and other wildlife species. Because the mesh found in many erosion control blankets or mats pose an entanglement hazard to wildlife, TPWD recommends the use of no-till drilling, hydromulching and/or hydroseeding due to a reduced risk to wildlife. If erosion control blankets or mats will be used, the product should contain no netting or contain loosely woven, natural fiber netting in which the mesh design allows the threads to move, therefore allowing expansion of the mesh openings. Plastic mesh matting should be avoided.

Response to Comment

American Electric Power revised HCP Section 5.4.1, Reduce Erosion by Implementing Stormwater Best Management Practices, and we have revised EIS Section 2.3.2.4, Conservation Strategy, to specify that AEP will use erosion and sedimentation control measures that minimize entanglement risk to wildlife (e.g., hydromulching and/or hydroseeding and loosely woven, natural fiber netting for erosion control mats).

Comment ID: FWS-R2-ES-2017-0105-0010 (Texas Parks and Wildlife)

American Electric Power Habitat Conservation Plan September 2018 G-9 Environmental Impact Statement

U.S. Fish and Wildlife Service Public Comment and Agency Response

The dEIS mentions numerous times throughout the document that “vegetation will be re-established with a native species composition similar to that of the surrounding area (typically warm season grasses) or of the same vegetation type that existed prior to the impacts”. The dEIS also mentions using seeds free of invasive species seeds. However, it is not clear in the statement “…or of the same vegetation type that existed prior to the impacts” that the applicant will restore only native species in those areas that may have been populated by non-native and/or invasive species prior to impacts. TPWD recommends that the applicant commit to using native species in all vegetation restoration or re- establishment regardless of previous vegetation composition of impact area.

Response to Comment

American Electric Power will re-establish vegetation with a native species composition similar to that of the surrounding area (typically warm season grasses) or of the same vegetation type that existed prior to impacts within the affected area, as stated in HCP Section 5.5.1.2, Revegetation for Temporary and Permanent Cover Change Impacts. At certain sites (e.g., pasture or field), existing vegetation conditions in ABB habitat may be predominantly non-native species. In these cases, restoring native species may be infeasible and conflict with the landowner’s desired vegetation conditions. Seeds used during vegetation re-establishment will be free of invasive species seeds.

Comment ID: FWS-R2-ES-2017-0105-0010 (Texas Parks and Wildlife)

On Page 3-4: lines 8-9 and lines 12-13, the dEIS states that TPWD’s 2005 State Wildlife Action Plan was used as a source to describe general fish and wildlife species in the study area and to garner information about Species of Greatest Conservation Need. The 2005 Texas State Wildlife Action Plan is outdated, therefore TPWD recommends revising all relevant portions of this document that used that 2005 document as a source. The USFWS approved the Texas Conservation Action Plan (TCAP; formerly called the Texas Comprehensive Wildlife Conservation Strategy) in 2013 and it includes 11 regionally-specific Ecoregion Handbooks, a statewide/multi-region handbook, and an overview document. The TCAP and all of its associated documents can be located on the TPWD website.

Response to Comment

We revised EIS Sections 3.2.1.2, General Fish and Wildlife, and 3.2.2.2, General Fish and Wildlife, to reflect the information found in the correct reference (2012 Texas Conservation Action Plan).

Comment ID: FWS-R2-ES-2017-0105-0010 (Texas Parks and Wildlife)

On Page 3-15: Lines 2-3 of the dEIS, it states that the most recent record for the ABB in Texas is from 2004 in Red River County on Camp Maxey. This is incorrect. The most recent record is from 2008 in Lamar County on Camp Maxey. Please update all aspects of the dEIS and HCP that reference the inaccurate 2004 observation date.

Response to Comment

We updated EIS Section 3.2.2.3, Covered Species, to reflect the most recent record of ABB in Texas is from 2008 in Lamar County on Camp Maxey. Also, AEP updated HCP Section 3.4.4.1, Distribution in the Plan Area.

Comment ID: FWS-R2-ES-2017-0105-0010 (Texas Parks and Wildlife)

American Electric Power Habitat Conservation Plan September 2018 G-10 Environmental Impact Statement

U.S. Fish and Wildlife Service Public Comment and Agency Response

On Page 3-26: Lines 2-3, the dEIS states conducting ROW clearing outside the nesting period of migratory birds (mid-March to mid-July). TPWD recommends that the applicant also implement this best management practice during all vegetation maintenance activities as well.

Response to Comment

American Electric Power conducts vegetation management to comply with reliability and outage obligations under Federal Energy Regulatory Commission requirements. American Electric Power informed us it is not feasible to meet these requirements while voluntarily avoiding vegetation management activities during the migratory bird nesting season. Nonetheless, AEP is committed to avoiding active migratory bird nests.

Comment ID: FWS-R2-ES-2017-0105-0010 (Texas Parks and Wildlife)

On Page 3-27: Line 14, the dEIS states that the applicant's Avian Protection Plan (APP) can be found in Appendix E of the document; however the referenced APP was not located in Appendix E or any other areas of the document. Please rectify.

Response to Comment

Referencing Appendix E was an oversight. American Electric Power has internal policies that guide their activities to reduce impacts to birds, according to guidance from us and the Avian Power Line Interaction Committee. These policies are documented in their APP, which we have reviewed. The purpose of their APP is to reduce the incidences of bird electrocutions and collisions with AEP’s equipment, and to reduce the frequency of bird-caused outages.

Comment ID: FWS-R2-ES-2017-0105-0010 (Texas Parks and Wildlife)

The dEIS states that if active migratory bird nests are located that construction activities will be delayed or "the area around the nest(s) left undisturbed until the nest(s) is no longer active" (Page 3-39: Lines 5- 6). TPWD recommends that the applicant specify that a 150-foot buffer of vegetation remain around any active nests until the eggs have hatched and the young have fledged.

Response to Comment

American Electric Power is committed to avoiding active migratory bird nests as currently stated in the EIS.

Comment ID: FWS-R2-ES-2017-0105-0011 (Anonymous)

Massive Wildfires in California, Aug 2018 and the effects on air quality from those fires can extend far beyond the states borders. In addition to ash and smoke, fires release carbon monoxide into the atmosphere. Carbon monoxide is a pollutant that can persist in the atmosphere for about a month and can be transported great distances. New images made with data acquired by the Atmospheric Infrared Sounder (AIRS) on NASAs Aqua satellite show the high concentrations of carbon monoxide emitted from the fires (in orange/red) between July 29 and August 8. As the time series progresses, carbon monoxide high in the atmosphere is shown drifting east -- with one branch moving southward toward Texas and the other forking to the northeast. From space, AIRS measures carbon monoxide high up in the atmosphere -- where it has little effect on the air we breathe. However, strong winds can carry this pollutant downward to where it can have significant effects on air quality. The time series of images shows just how far the carbon monoxide from Californias wildfires has travelled eastward and what

American Electric Power Habitat Conservation Plan September 2018 G-11 Environmental Impact Statement

U.S. Fish and Wildlife Service Public Comment and Agency Response areas may be at greater risk of experiencing its effects. Other NASA instruments contribute to the study of carbon monoxide as well, including the Measurement of Pollution In The Troposphere (MOPITT), which looks at carbon monoxide in the lower atmosphere. Staggering 129 million dead trees in California. The USDA Forest Service should focus on mitigating hazard trees by logging and thinning overly dense forests so they are healthier and better able to survive stressors like this in the future. The term “hazardous fuels management” means any vegetation management activities that reduce the risk of wildfire. Policy makers in California must be held accountability for the ongoing statewide failed policies and bad ideas, that create large fire incident, bad air, bad water, ecological Risks. report from Scientists study estimated that Fires in US release millions metric tons of carbon dioxide per year. Wildfires can produce more greenhouse gas (GHG) emissions then gas and oil, therefore we should manage forest better by stopping the regulations against clear cutting to help prevent co2 from mass wildfires in western states. US Forest service page; fuels buildup to unnatural levels and forests become overcrowded. This led to forests being more susceptible to insects and disease outbreaks, but also to unnaturally large fires on the landscape.

California Governments failure is unarguable with Forest management and wildfires. That failure is generally excused by labeling wildfires as an act of nature, thus uncontrollable and unpreventable, that excuse unacceptable. A California governments primary responsibilities; to secure the life, liberty, and property of its citizens. So far, wildfires this year have killed 10 people, consumed hundreds of homes, and infringed upon freedom of movement of hundreds of thousands.

Response to Comment 0011

This comment does not pertain to the draft EIS or HCP. It appears this comment was uploaded to the wrong docket.

Comment ID: FWS-R2-ES-2017-0105-0012 (Anonymous)

Neil Cavuto: Do you believe climate change is real and that man is the cause?

Ryan "Garrison Flag" Zinke: There’s no dispute that the climate is changing, although it has always changed. Whether man is the direct result, how much that result is, thats still being disputed.

To be clear: Zinke is an anti-science, anti-environment, drill-baby-drill simp. Among climate scientists there is no serious dispute that the climate is currently warming at a rapid pace due to human activity. Only among GOP wingnuts, energy lobbyists and corporate profiteers is there any dispute. And these are the same nutters that disputed the link between smoking and lung cancer.

Response to Comment 0012

This comment does not pertain to the draft EIS or HCP. Comment from the U.S. Environmental Protection Agency (EPA)

Based on our review of the DEIS, we have rated the preferred alternative as Lack of Objections (LO). A description of the EPA's rating system can be found at https://www.epa.gov/nepa/environmental- impact-statement-rating-system-criteria. Response to the EPA

Thank you for your comment.

American Electric Power Habitat Conservation Plan September 2018 G-12 Environmental Impact Statement

U.S. Fish and Wildlife Service Public Comment and Agency Response

Comment from the Osage Nation

We appreciate your letter bringing our attention the proposed project DOI, USFWS, American Electric Power (AEP), Three State American Burying Beetle Habitat Conservation Plan, Oklahoma, Arkansas and Texas. I have reviewed the draft Environmental Impact Statement. The Cultural Resources section has no specific information. This project encompasses an area that contains hundreds of known Osage ancestral sites and dozens of historic and precontact Osage trails. There is also the understanding that there are innumerable undiscovered Osage cultural resources in the proposed area of impact.

The Osage Nation and the ONHPO request that we review any undertaking that comes from this plan and project when a more define Area of Potential Effects is realized. In accordance with the National Historic Preservation Act, (NHPA) [54 U. S.C. § 300 101 et seq.) 1966, undertakings subject to the review process are referred in 54 U.S.C. § 302706 (a), which clarifies that historic properties may have religious and cultural significance to Indian tribes. Additionally, Section 106 of NHPA requires Federal agencies to consider the effects of their actions on historic properties (36 CFR Part 800) as does the National Environmental Policy Act (43 U.S.C. 4321 and 4331-35 and 40 CFR 1501.7(a) of 1969).

Should you have any questions or need any additional information, please feel free to contact me at the number listed below. I look forward to reviewing the additional survey of the new alignment.

Thank you for consulting with the Osage Nation on this matter. Response to the Osage Nation

We appreciate the comment. We have clarified the text in Section 3.6, Cultural Resources, of the EIS, which outlines our process for complying with Section 106 of the NHPA as well as consulting with Tribes. Per the approach outlined in the EIS, which has also been appended to the HCP, AEP will conduct the appropriate level of pre-project studies and coordinate with the appropriate federal agency and/or State Historic Preservation Officer to ensure compliance with Section 106. The AEP archeologist may discuss any project concerns with the Tribal Historic Preservation Officer. However, we will lead the consultation with applicable Tribes in order to satisfy our obligations. Findings from AEP’s pre-project review, and findings from cultural resources field studies for those projects that require them, will be detailed in a report and submitted to us. Reports will be prepared according to state-specific guidelines. We will then prepare project notification letters and disseminate the cultural resources reports to appropriate agencies and Tribes. This approach will facilitate us in fulfilling the requirements of Section 106 and its implementing regulations.

American Electric Power Habitat Conservation Plan September 2018 G-13 Environmental Impact Statement