83 FR 40782 - Receipt of Application Incidental Take Permit; Draft Low-Effect Habitat Conservation Plan for the Morro Shoulderband Snail; Phillips Single-Family Residence, Community of Los Osos, San Luis Obispo County, California

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 83, Issue 159 (August 16, 2018)

Page Range		40782-40783
FR Document		2018-17663

We, the U.S. Fish and Wildlife Service (Service), have received an application from Richard Phillips for an incidental take permit under the Endangered Species Act of 1973, as amended. The permit would authorize take of the federally endangered Morro shoulderband snail that would occur incidental to otherwise lawful activities associated with the construction and maintenance of a single-family residence and associated uses addressed in the draft low-effect habitat conservation plan prepared for the project. We invite public comment.

Federal Register, Volume 83 Issue 159 (Thursday, August 16, 2018)

[Federal Register Volume 83, Number 159 (Thursday, August 16, 2018)]
[Notices]
[Pages 40782-40783]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-17663]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2018-N025; FXES11140800000-189-FF08EVEN00]


Receipt of Application Incidental Take Permit; Draft Low-Effect 
Habitat Conservation Plan for the Morro Shoulderband Snail; Phillips 
Single-Family Residence, Community of Los Osos, San Luis Obispo County, 
California

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comments.

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

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have 
received an application from Richard Phillips for an incidental take 
permit under the Endangered Species Act of 1973, as amended. The permit 
would authorize take of the federally endangered Morro shoulderband 
snail that would occur incidental to otherwise lawful activities 
associated with the construction and maintenance of a single-family 
residence and associated uses addressed in the draft low-effect habitat 
conservation plan prepared for the project. We invite public comment.

DATES: Written comments should be received on or before September 17, 
2018.

ADDRESSES: To obtain documents: You may download a copy of the draft 
habitat conservation plan and draft low-effect screening form and 
environmental action statement at http://www.fws.gov/ventura/, or you 
may request copies of the documents by sending U.S. mail to our Ventura 
office, or by phone (see FOR FURTHER INFORMATION CONTACT).
    To submit written comments: Please send us your written comments 
using one of the following methods:
     U.S. mail: Send your comments to: Stephen P. Henry, Field 
Supervisor, Ventura Fish and Wildlife Office, U.S.

[[Page 40783]]

Fish and Wildlife Service, 2493 Portola Road, Suite B, Ventura, CA 
93003.
     Facsimile: Fax your comments to 805-644-3958.

FOR FURTHER INFORMATION CONTACT: Julie M. Vanderwier, Fish and Wildlife 
Biologist, 805-677-3400 (phone), or at the Ventura address in 
ADDRESSES.

SUPPLEMENTARY INFORMATION: We have received an application for an 
incidental take permit (ITP) pursuant to section 10(a)(1)(B) of the 
Endangered Species Act (ESA; 16 U.S.C. 1531 et seq.). The application 
addresses take of the federally endangered Morro shoulderband snail 
(Helminthoglypta walkeriana) that would occur incidental to the 
construction and maintenance of a single-family residence and 
associated uses. The requested permit term is 10 years and the permit 
would be subject to renewal. Issuance of an ITP pursuant to this 
habitat conservation plan (HCP) has been determined to be eligible for 
a categorical exclusion under the National Environmental Policy Act 
(NEPA; 42 U.S.C. 4321 et seq.). We invite comments from the public on 
the draft HCP, draft low-effect screening form, and environmental 
action statement.

Background

    The Morro shoulderband snail was listed as endangered on December 
15, 1994 (59 FR 64613). Section 9 of the ESA and its implementing 
regulations prohibit the take of fish or wildlife species listed as 
endangered or threatened. Under the ESA, ``take'' is defined to include 
the following activities: ``to harass, harm, pursue, hunt, shoot, 
wound, kill, trap, capture, or collect, or to attempt to engage in any 
such conduct'' (16 U.S.C. 1532). Under section 10(a)(1)(B) of the ESA, 
we may issue permits to authorize take of listed species if it is 
incidental to other lawful activities and not the purpose of carrying 
out that activity. The Code of Federal Regulations provides regulations 
governing incidental take permits for endangered and threatened species 
at 50 CFR 17.22 and 17.32, respectively. Issuance of an ITP must not 
jeopardize the existence of any federally listed fish, wildlife or 
plant species. Under the ESA, protections for federally listed plants 
differ from the protections afforded to federally listed animals. The 
permittee would receive assurances under our ``No Surprises'' 
regulations (50 CFR 17.22(b)(5) and 17.32(b)(5)) for species included 
in the ITP.

Applicant's Proposed Activities

    The proposed project involves the construction and maintenance of a 
single-family residence and associated uses on an existing, legal, one 
acre parcel in the unincorporated community of Los Osos, County of San 
Luis Obispo, California. The take would occur in association with site 
preparation activities necessary for construction. The HCP includes 
minimization measures for the covered species and compensation for 
unavoidable take of the species through payment of a fee to an Impact-
Directed Environmental Account held by the National Fish and Wildlife 
Foundation. Collected fees from this account will fund recovery actions 
for Morro shoulderband snail identified in the 1998 recovery plan for 
this species and four plant species from western San Luis Obispo 
County. The HCP supports an application to the Service seeking issuance 
of an ITP that would authorize take of the Morro shoulderband snail. 
The County of San Luis Obispo requires demonstration that property 
owners are in compliance with the ESA regarding Morro shoulderband 
snail as part of their issuance of County permits that would allow land 
development in Los Osos.

Our Preliminary Determination

    The Service has made a preliminary determination that issuance of 
the ITP is neither a major Federal action that will significantly 
affect the quality of the human environment within the meaning of 
section 102(2)(C) of NEPA (42 U.S.C. 4321 et seq.,) nor that it will, 
individually or cumulatively, have more than a negligible effect on 
Morro shoulderband snail, the only species covered in the HCP. 
Therefore, the permit qualifies for a categorical exclusion under NEPA.

Public Comments

    If you wish to comment on the draft HCP and associated documents, 
you may submit comments by one of the methods in ADDRESSES.
    Before including your address, phone number, email address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment, including your personal identifying 
information, may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public view, we cannot guarantee that we will be able 
to do so.

Authority

    We provide this notice under section 10 of the ESA (16 U.S.C. 1531 
et seq.) and NEPA regulations (40 CFR 1506.6).

    Dated: August 10, 2018.
Stephen P. Henry,
Field Supervisor, Ventura Fish and Wildlife Office, Ventura, 
California.
[FR Doc. 2018-17663 Filed 8-15-18; 8:45 am]
 BILLING CODE 4333-15-P

40782 Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Notices

10(a)(2)(A) of the ESA (16 U.S.C. 1531 Proactive management over the past Authority
et seq.) and our regulations governing 25 years has resulted in an increase in We provide this notice under section
the taking of endangered species in the the Interior least tern population nesting 10(c) of the ESA (16 U.S.C. 1531 et seq.)
Code of Federal Regulations (CFR) at 50 at Gibson Generating Station and and its implementing regulations (50
CFR 17. Submit your written data, surrounding areas. However, no CFR 17.22) and NEPA (42 U.S.C. 4321
comments, or request for a copy of the incidental take of least terns has et seq.) and its implementing
complete application and Habitat occurred during that time. Actions that regulations (40 CFR 1506.6 and 43 CFR
Conservation Plan (HCP) to either may result in take include human 46.305).
address shown in ADDRESSES. disturbance during management and
operations, including foot traffic, Dated: May 29, 2018.
Background Sean O. Marsan,
vehicle or construction equipment, ash
In 1986, a single pair of endangered placement, waste disposal, and Acting Assistant Regional Director, Ecological
harassment due to the presence of Services, Midwest Region.
Interior least terns (Sterna antillarum)
nested at Cinergy Corporation’s people and equipment. [FR Doc. 2018–17664 Filed 8–15–18; 8:45 am]
(Cinergy) Gibson Generating Station in Duke proposes to continue to manage BILLING CODE 4333–15–P

Gibson County, Indiana. Since that time, its property to protect least terns. In
the least tern colony at the facility has addition, Duke has committed to
grown. During the 1990s, Cinergy monitor the result of its activities and DEPARTMENT OF THE INTERIOR
worked cooperatively with the Indiana the effect on the population of least Fish and Wildlife Service
Department of Natural Resources (IDNR) terns at Gibson Generating Station and
and the Service to maintain favorable the surrounding state and Federal lands. [FWS–R8–ES–2018–N025;
conditions for successful tern FXES11140800000–189–FF08EVEN00]
Public Comments
production at the Gibson Generating
Receipt of Application Incidental Take
Station. Between 1986 and 1999, the We seek public review and comments
Permit; Draft Low-Effect Habitat
largest number of terns recorded in a on this permit application. Please refer
Conservation Plan for the Morro
single year (1998) included an estimated to permit number TE016724 when you
Shoulderband Snail; Phillips Single-
85 adult terns, 63 nests, and 72 fledged submit comments. The Habitat
Family Residence, Community of Los
young. In the late 1990s, Cinergy Conservation Plan, Incidental Take
Osos, San Luis Obispo County,
worked cooperatively with the IDNR Permit renewal application, and NEPA
California
and the Service to develop a Habitat determination are available for public
Conservation Plan (HCP) regarding inspection on the Midwest Region AGENCY: Fish and Wildlife Service,
continued operation of the facility, and, website at http://www.fws.gov/midwest/ Interior.
in late 1999, the Service issued an endangered/permits/hcp/r3hcps.html. ACTION: Notice of availability; request
Incidental Take Permit (ITP) to Cinergy. In addition, the documents are available for comments.
In 2005, the ITP was renewed. for public inspection by appointment
Management of the facility under the during normal business hours (8 a.m. to SUMMARY: We, the U.S. Fish and
HCP has promoted the continued 4:30 p.m.) at the U.S. Fish and Wildlife Wildlife Service (Service), have received
growth of the tern colony. In 2010, an Service, Midwest Regional Office, 5600 an application from Richard Phillips for
estimated 150 adults, 110 nests, and 165 American Blvd., West, 10th Floor, an incidental take permit under the
fledged young were recorded. In Bloomington, Minnesota 55437–1458, Endangered Species Act of 1973, as
addition to the growth in numbers, the (612–713–5194) and at the U.S. Fish and amended. The permit would authorize
tern colony has expanded to areas Wildlife Service, Ecological Services take of the federally endangered Morro
beyond the original location along a Field Office, 620 South Walker Street, shoulderband snail that would occur
splitter dike adjacent to a cooling pond. Bloomington, Indiana 47403 (812–334– incidental to otherwise lawful activities
Nesting has now been documented on 4261). associated with the construction and
the splitter dike, adjacent to ash ponds, maintenance of a single-family
a coal combustion waste landfill, Public Availability of Comments residence and associated uses addressed
construction areas, and station access Written comments we receive become in the draft low-effect habitat
roads. The expansion of the tern nesting part of the administrative record conservation plan prepared for the
area presents management challenges associated with this action. Before project. We invite public comment.
for the generating station and associated including your address, phone number, DATES: Written comments should be
facilities. email address, or other personal received on or before September 17,
identifying information in your 2018.
Applicant’s Proposal
comment, you should be aware that ADDRESSES: To obtain documents: You
Duke Power Company purchased and your entire comment—including your may download a copy of the draft
merged with Cinergy Corp. to form Duke personal identifying information—may habitat conservation plan and draft low-
Energy Corporation (Duke) in 2006. be made publicly available at any time. effect screening form and environmental
Duke has continued to operate the While you can request in your comment action statement at http://www.fws.gov/
facility in accordance with the HCP and that we withhold your personal ventura/, or you may request copies of
the ITP. Duke has applied to the Service identifying information from public the documents by sending U.S. mail to
for renewal of its ITP number TE016724. review, we cannot guarantee that we
sradovich on DSK3GMQ082PROD with NOTICES

our Ventura office, or by phone (see FOR
An HCP accompanies this renewal will be able to do so. All submissions FURTHER INFORMATION CONTACT).
application. The HCP describes from organizations or businesses, and To submit written comments: Please
management activities in and around from individuals identifying themselves send us your written comments using
the Gibson Generating Station, as representatives or officials of one of the following methods:
including water management, predator organizations or businesses, will be • U.S. mail: Send your comments to:
control, and minimization of human made available for public disclosure in Stephen P. Henry, Field Supervisor,
disturbance due to recreational use. their entirety. Ventura Fish and Wildlife Office, U.S.

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Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Notices 40783

Fish and Wildlife Service, 2493 Portola single-family residence and associated Dated: August 10, 2018.
Road, Suite B, Ventura, CA 93003. uses on an existing, legal, one acre Stephen P. Henry,
• Facsimile: Fax your comments to parcel in the unincorporated Field Supervisor, Ventura Fish and Wildlife
805–644–3958. community of Los Osos, County of San Office, Ventura, California.
FOR FURTHER INFORMATION CONTACT: Julie Luis Obispo, California. The take would [FR Doc. 2018–17663 Filed 8–15–18; 8:45 am]
M. Vanderwier, Fish and Wildlife occur in association with site BILLING CODE 4333–15–P
Biologist, 805–677–3400 (phone), or at preparation activities necessary for
the Ventura address in ADDRESSES. construction. The HCP includes
SUPPLEMENTARY INFORMATION: We have
minimization measures for the covered DEPARTMENT OF THE INTERIOR
received an application for an incidental species and compensation for
unavoidable take of the species through Fish and Wildlife Service
take permit (ITP) pursuant to section
10(a)(1)(B) of the Endangered Species payment of a fee to an Impact-Directed
[FWS–R1–ES–2018–N076;
Act (ESA; 16 U.S.C. 1531 et seq.). The Environmental Account held by the
FXES11140100000–189–FF01E00000]
application addresses take of the National Fish and Wildlife Foundation.
federally endangered Morro Collected fees from this account will Habitat Conservation Plan for the Yelm
shoulderband snail (Helminthoglypta fund recovery actions for Morro Subspecies of the Mazama Pocket
walkeriana) that would occur incidental shoulderband snail identified in the Gopher, Thurston County, Washington
to the construction and maintenance of 1998 recovery plan for this species and
four plant species from western San AGENCY: Fish and Wildlife Service,
a single-family residence and associated
Luis Obispo County. The HCP supports Interior.
uses. The requested permit term is 10
years and the permit would be subject an application to the Service seeking ACTION: Notice of availability; request
to renewal. Issuance of an ITP pursuant issuance of an ITP that would authorize for comments.
to this habitat conservation plan (HCP) take of the Morro shoulderband snail.
The County of San Luis Obispo requires SUMMARY: We, the U.S. Fish and
has been determined to be eligible for a Wildlife Service (Service), received an
categorical exclusion under the National demonstration that property owners are
in compliance with the ESA regarding application from Mr. Todd Tveten for an
Environmental Policy Act (NEPA; 42 incidental take permit (ITP) pursuant to
U.S.C. 4321 et seq.). We invite Morro shoulderband snail as part of
their issuance of County permits that the Endangered Species Act of 1973, as
comments from the public on the draft amended (ESA). The ITP would
HCP, draft low-effect screening form, would allow land development in Los
Osos. authorize ‘‘take’’ of the Yelm pocket
and environmental action statement. gopher, incidental to otherwise lawful
Background Our Preliminary Determination activities during construction of a
The Service has made a preliminary single-family home and agricultural
The Morro shoulderband snail was
determination that issuance of the ITP is shop in Thurston County, Washington.
listed as endangered on December 15,
neither a major Federal action that will The application includes a habitat
1994 (59 FR 64613). Section 9 of the
significantly affect the quality of the conservation plan (HCP) with measures
ESA and its implementing regulations
human environment within the meaning to minimize and mitigate the impacts of
prohibit the take of fish or wildlife
of section 102(2)(C) of NEPA (42 U.S.C. the taking on the covered species. We
species listed as endangered or
4321 et seq.,) nor that it will, have also prepared a draft
threatened. Under the ESA, ‘‘take’’ is
individually or cumulatively, have more environmental action statement (EAS)
defined to include the following
than a negligible effect on Morro for our preliminary determination that
activities: ‘‘to harass, harm, pursue,
shoulderband snail, the only species the HCP and permit decision may be
hunt, shoot, wound, kill, trap, capture,
covered in the HCP. Therefore, the eligible for categorical exclusion under
or collect, or to attempt to engage in any
permit qualifies for a categorical the National Environmental Policy Act.
such conduct’’ (16 U.S.C. 1532). Under
exclusion under NEPA. We provide this notice to open a public
section 10(a)(1)(B) of the ESA, we may
comment period and invite comments
issue permits to authorize take of listed Public Comments from all interested parties regarding the
species if it is incidental to other lawful
If you wish to comment on the draft documents.
activities and not the purpose of
carrying out that activity. The Code of HCP and associated documents, you DATES: To ensure consideration, please
Federal Regulations provides may submit comments by one of the submit written comments by September
regulations governing incidental take methods in ADDRESSES. 17, 2018.
permits for endangered and threatened Before including your address, phone ADDRESSES: To request further
species at 50 CFR 17.22 and 17.32, number, email address, or other information or submit written
respectively. Issuance of an ITP must personal identifying information in your comments, please use one of the
not jeopardize the existence of any comment, you should be aware that following methods:
federally listed fish, wildlife or plant your entire comment, including your • Internet: You may view or
species. Under the ESA, protections for personal identifying information, may download copies of the HCP and obtain
federally listed plants differ from the be made publicly available at any time. additional information on the internet at
protections afforded to federally listed While you can ask us in your comment http://www.fws.gov/wafwo/.
animals. The permittee would receive to withhold your personal identifying • Email: wfwocomments@fws.gov.
information from public view, we Include ‘‘Tveten HCP’’ in the subject
sradovich on DSK3GMQ082PROD with NOTICES

assurances under our ‘‘No Surprises’’
regulations (50 CFR 17.22(b)(5) and cannot guarantee that we will be able to line of the message.
17.32(b)(5)) for species included in the do so. • U.S. Mail: Public Comments
ITP. Processing, Attn: FWS–R1–ES–2018–
Authority
N076; U.S. Fish and Wildlife Service;
Applicant’s Proposed Activities We provide this notice under section Washington Fish and Wildlife Office;
The proposed project involves the 10 of the ESA (16 U.S.C. 1531 et seq.) 510 Desmond Drive SE, Suite 102;
construction and maintenance of a and NEPA regulations (40 CFR 1506.6). Lacey, WA 98503.

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Document Created: 2018-08-16 01:02:54
Document Modified: 2018-08-16 01:02:54

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of availability; request for comments.
Dates		Written comments should be received on or before September 17, 2018.
Contact		Julie M. Vanderwier, Fish and Wildlife
FR Citation		83 FR 40782

83 FR 40782 - Receipt of Application Incidental Take Permit; Draft Low-Effect Habitat Conservation Plan for the Morro Shoulderband Snail; Phillips Single-Family Residence, Community of Los Osos, San Luis Obispo County, California

DEPARTMENT OF THE INTERIORFish and Wildlife Service

Federal Register Volume 83, Issue 159 (August 16, 2018)

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service