83 FR 44297 - Draft Safe Harbor Agreement Amendment and Application for an Enhancement of Survival Permit for the Rio Salado Project, in Tempe, Arizona
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service Federal Register Volume 83, Issue 169 (August 30, 2018)
Fish and Wildlife Service
Federal Register Volume 83, Issue 169 (August 30, 2018)
| Page Range | 44297-44298 | |
| FR Document | 2018-18809 |
[Federal Register Volume 83, Number 169 (Thursday, August 30, 2018)] [Notices] [Pages 44297-44298] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-18809] [[Page 44297]] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS-R2-ES-2018-N078; FXES11130200000-189-FF02ENEH00] Draft Safe Harbor Agreement Amendment and Application for an Enhancement of Survival Permit for the Rio Salado Project, in Tempe, Arizona AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of availability; request for comment. ----------------------------------------------------------------------- SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce receiving the City of Tempe's survival enhancement permit application, under the Endangered Species Act. The requested amended permit would allow for the City of Tempe to conduct, to a greater degree, adaptive biological monitoring and would authorize incidental take of the yellow-billed cuckoo as a result of operation and maintenance activities associated with the Rio Salado Project, in the City of Tempe (Tempe Reach), Maricopa County, AZ. In accordance with National Environmental Policy Act (NEPA) requirements, we have determined that the proposed action qualifies under a categorical exclusion. We are accepting comments on the draft safe harbor agreement amendment (Draft SHA Amendment), and draft NEPA screening form supporting the use of a categorical exclusion. DATES: Submission of Comments: We will accept comments received or postmarked on or before October 1, 2018. ADDRESSES: Obtaining Documents: You may obtain copies of the documents at https://www.fws.gov/southwest/es/arizona/. Alternatively, you may obtain CD-ROMs with electronic copies of the documents by writing to the Acting Field Supervisor, U.S. Fish and Wildlife Service, 9828 North 31st Avenue, Phoenix, AZ 85051-2517; calling (602) 242-0210; faxing (602) 242-2513, as well as by email. A limited number of printed copies of the documents are also available, by request, from the Acting Field Supervisor. Copies of the documents are also available for public inspection and review, by appointment only, at the Service's Phoenix office (above) or at U.S. Fish and Wildlife Service, 500 Gold Avenue SW, Room 6093, Albuquerque, NM 87102. Submitting Comments: To submit written comments, please use one of the following methods, and note that your comment is in reference to the Draft SHA Amendment and Application for an Enhancement of Survival Permit for the Rio Salado, Tempe, AZ.U.S. Mail: Brenda Smith, Acting Field Supervisor, Phoenix office (address above). Fax: (602) 242-2513. Email: [email protected]. We request that you submit comments only by the methods described above. Generally, we will post any personal information you provide us (see Public Availability of Comments for more information). FOR FURTHER INFORMATION CONTACT: Brenda Smith, Acting Field Supervisor, (602) 242-0210 (telephone). SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service (Service), announce receiving the City of Tempe's application to amend an existing enhancement of survival permit under the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.). The requested amended permit would allow for the City of Tempe to conduct, to a greater degree, adaptive biological monitoring (annual monitoring until 2020, and then at least every 3 years after), and would authorize incidental take of the yellow-billed cuckoo as a result of operation and maintenance activities associated with the Rio Salado Project, Tempe Reach (approximately from McClintock Drive to Priest Drive, excluding Tempe Town Lake within the Salt River floodplain). The amended permit would expire on May 1, 2058, to coincide with the expiration date of the original permit (50 years after the issuing date of May 1, 2008). We invite the public to review and comment on the Draft SHA Amendment and draft NEPA screening form supporting the use of a categorical exclusion in accordance with the National Environmental Policy Act (NEPA; 42 U.S.C. 4321 et seq.). The applicant plans to conduct operation and maintenance activities associated with the Rio Salado Project, Tempe Reach, including maintenance of vegetation, roads, trails, water delivery system, flood control capacity, and storm water facilities. Initial implementation of the Rio Salado Project, Tempe Reach, was a cooperative project between the Applicant and the U.S. Army Corps of Engineers to restore, enhance, and maintain 159 acres of native riparian and wetland vegetation along the lower Salt River in Maricopa County, Arizona. Background Enhancement of survival permits issued for safe harbor agreements encourage non-Federal landowners, including non-Federal operators holding easements on private lands, to implement conservation measures for habitat that is, or is likely to develop into, suitable habitat for listed species, by assuring landowners/operators that they will not be subjected to increased property use restrictions if suitable habitat develops and the covered species is detected in the future. Application requirements and enhancement of survival permit issuance criteria for safe harbor agreements are provided under section 10(c) of the ESA and its implementing regulations from the Code of Federal Regulations (CFR) at 50 CFR 17.22, and the NEPA and its implementing regulations at 40 CFR 1506.6. Proposed Action The proposed action is the Service's issuance of a permit for covered activities in the permit area for up to 50 years, pursuant to section 10(a)(1)(A) of the ESA. The permit would cover ``take'' of the yellow-billed cuckoo associated with covered activities occurring within the permit area. The Draft SHA Amendment commits the City of Tempe to implement conservation measures to improve habitat for the covered species on Rio Salado lands uses while allowing for covered activities within the project area to continue. To meet section 10(a)(1)(A) permit requirements, the applicant developed and proposes to implement the SHA and SHA Amendment, which describe the actions the City of Tempe has agreed to undertake to improve habitat within the Rio Salado Project, Tempe Reach, area. Expected benefits include, but may not be limited to: Improvement of riparian habitat which can be used by both covered species and other native fauna, limiting the amount of new disturbance to riparian habitat, and improving environmental exposure to the public. We will evaluate the permit application, associated documents, and comments we receive to determine whether the permit application meets the requirements of the ESA, NEPA, and implementing regulations. If we determine that all requirements are met, we will approve the SHA Amendment. We will fully consider all comments we receive during the public comment period, and we will not make our final decision until after the comment period ends. [[Page 44298]] Public Availability of Comments All comments we receive become part of the public record associated with this action. Requests for copies of comments will be handled in accordance with the Freedom of Information Act, NEPA, and Service and Department of the Interior policies and procedures. 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 to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. All submissions from organizations or businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, will be made available for public disclosure in their entirety. Authority We provide this notice under section 10(c) of the ESA and ESA implementing regulations (50 CFR 17.22 and 17.32) and NEPA (42 U.S.C. 4371 et seq.) and it's implementing regulations (40 CFR 1506.6). Dated: August 20, 2018. James Broska, Acting Deputy Regional Director, Southwest Region, Albuquerque, New Mexico. [FR Doc. 2018-18809 Filed 8-29-18; 8:45 am] BILLING CODE 4333-15-P
![Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Notices 44297
DEPARTMENT OF THE INTERIOR following methods, and note that your Background
comment is in reference to the Draft Enhancement of survival permits
Fish and Wildlife Service SHA Amendment and Application for issued for safe harbor agreements
[FWS–R2–ES–2018–N078; an Enhancement of Survival Permit for encourage non-Federal landowners,
FXES11130200000–189–FF02ENEH00] the Rio Salado, Tempe, AZ. including non-Federal operators holding
• U.S. Mail: Brenda Smith, Acting easements on private lands, to
Draft Safe Harbor Agreement Field Supervisor, Phoenix office implement conservation measures for
Amendment and Application for an (address above). habitat that is, or is likely to develop
Enhancement of Survival Permit for into, suitable habitat for listed species,
the Rio Salado Project, in Tempe, • Fax: (602) 242–2513.
by assuring landowners/operators that
Arizona • Email: FW2_HCP_Permits@fws.gov. they will not be subjected to increased
We request that you submit comments property use restrictions if suitable
AGENCY: Fish and Wildlife Service,
only by the methods described above. habitat develops and the covered
Interior.
Generally, we will post any personal species is detected in the future.
ACTION: Notice of availability; request Application requirements and
information you provide us (see Public
for comment. enhancement of survival permit
Availability of Comments for more
SUMMARY: We, the U.S. Fish and information). issuance criteria for safe harbor
Wildlife Service (Service), announce agreements are provided under section
FOR FURTHER INFORMATION CONTACT: 10(c) of the ESA and its implementing
receiving the City of Tempe’s survival
Brenda Smith, Acting Field Supervisor, regulations from the Code of Federal
enhancement permit application, under
(602) 242–0210 (telephone). Regulations (CFR) at 50 CFR 17.22, and
the Endangered Species Act. The
the NEPA and its implementing
requested amended permit would allow SUPPLEMENTARY INFORMATION: We, the
regulations at 40 CFR 1506.6.
for the City of Tempe to conduct, to a U.S. Fish and Wildlife Service (Service),
greater degree, adaptive biological announce receiving the City of Tempe’s Proposed Action
monitoring and would authorize application to amend an existing The proposed action is the Service’s
incidental take of the yellow-billed enhancement of survival permit under issuance of a permit for covered
cuckoo as a result of operation and the Endangered Species Act of 1973, as activities in the permit area for up to 50
maintenance activities associated with amended (ESA; 16 U.S.C. 1531 et seq.). years, pursuant to section 10(a)(1)(A) of
the Rio Salado Project, in the City of The requested amended permit would the ESA. The permit would cover ‘‘take’’
Tempe (Tempe Reach), Maricopa allow for the City of Tempe to conduct, of the yellow-billed cuckoo associated
County, AZ. In accordance with to a greater degree, adaptive biological with covered activities occurring within
National Environmental Policy Act monitoring (annual monitoring until the permit area.
(NEPA) requirements, we have 2020, and then at least every 3 years The Draft SHA Amendment commits
determined that the proposed action after), and would authorize incidental the City of Tempe to implement
qualifies under a categorical exclusion. take of the yellow-billed cuckoo as a conservation measures to improve
We are accepting comments on the draft result of operation and maintenance habitat for the covered species on Rio
safe harbor agreement amendment (Draft activities associated with the Rio Salado Salado lands uses while allowing for
SHA Amendment), and draft NEPA Project, Tempe Reach (approximately covered activities within the project
screening form supporting the use of a from McClintock Drive to Priest Drive, area to continue.
categorical exclusion. excluding Tempe Town Lake within the To meet section 10(a)(1)(A) permit
DATES: Submission of Comments: We Salt River floodplain). The amended requirements, the applicant developed
will accept comments received or permit would expire on May 1, 2058, to and proposes to implement the SHA
postmarked on or before October 1, coincide with the expiration date of the and SHA Amendment, which describe
2018. original permit (50 years after the the actions the City of Tempe has agreed
issuing date of May 1, 2008). We invite to undertake to improve habitat within
ADDRESSES: the Rio Salado Project, Tempe Reach,
Obtaining Documents: You may the public to review and comment on
the Draft SHA Amendment and draft area.
obtain copies of the documents at Expected benefits include, but may
https://www.fws.gov/southwest/es/ NEPA screening form supporting the
use of a categorical exclusion in not be limited to: Improvement of
arizona/. Alternatively, you may obtain riparian habitat which can be used by
CD–ROMs with electronic copies of the accordance with the National
Environmental Policy Act (NEPA; 42 both covered species and other native
documents by writing to the Acting fauna, limiting the amount of new
Field Supervisor, U.S. Fish and Wildlife U.S.C. 4321 et seq.).
disturbance to riparian habitat, and
Service, 9828 North 31st Avenue, The applicant plans to conduct improving environmental exposure to
Phoenix, AZ 85051–2517; calling (602) operation and maintenance activities the public.
242–0210; faxing (602) 242–2513, as associated with the Rio Salado Project, We will evaluate the permit
well as by email. A limited number of Tempe Reach, including maintenance of application, associated documents, and
printed copies of the documents are also vegetation, roads, trails, water delivery comments we receive to determine
available, by request, from the Acting system, flood control capacity, and whether the permit application meets
Field Supervisor. Copies of the storm water facilities. Initial the requirements of the ESA, NEPA, and
documents are also available for public implementation of the Rio Salado implementing regulations. If we
amozie on DSK3GDR082PROD with NOTICES1
inspection and review, by appointment Project, Tempe Reach, was a cooperative determine that all requirements are met,
only, at the Service’s Phoenix office project between the Applicant and the we will approve the SHA Amendment.
(above) or at U.S. Fish and Wildlife U.S. Army Corps of Engineers to restore, We will fully consider all comments we
Service, 500 Gold Avenue SW, Room enhance, and maintain 159 acres of receive during the public comment
6093, Albuquerque, NM 87102. native riparian and wetland vegetation period, and we will not make our final
Submitting Comments: To submit along the lower Salt River in Maricopa decision until after the comment period
written comments, please use one of the County, Arizona. ends.
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![44298 Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Notices
Public Availability of Comments accompanying proposed habitat preliminary determination that the
All comments we receive become part conservation plan (HCP) qualifies as low proposed HCP qualifies as a low-effect
of the public record associated with this effect, eligible for a categorical HCP, eligible for a categorical exclusion
action. Requests for copies of comments exclusion under the National under the National Environmental
will be handled in accordance with the Environmental Policy Act. The basis for Policy Act of 1969, as amended (NEPA;
this determination is discussed in our 42 U.S.C. 4321 et seq.). The basis for
Freedom of Information Act, NEPA, and
environmental action statement (EAS) this determination is discussed in our
Service and Department of the Interior
and associated low-effect screening EAS and associated low-effect screening
policies and procedures. Before
form, which are also available for public form, which are also available for public
including your address, phone number,
review. review.
email address, or other personal
identifying information in your DATES: Written comments should be Background
comment, you should be aware that received on or before October 1, 2018.
ADDRESSES:
Section 9 of the ESA and its
your entire comment—including your implementing Federal regulations
personal identifying information—may Submitting Comments: You may
submit comments by one of the prohibit the take of animal species listed
be made publicly available at any time. as endangered or threatened. ‘‘Take’’ is
While you can ask us to withhold your following methods. Please include ‘‘OC
Mine HCP’’ at the beginning of your defined under the ESA as to ‘‘harass,
personal identifying information from harm, pursue, hunt, shoot, wound, kill,
public review, we cannot guarantee that comments.
• U.S. Mail: Field Supervisor, trap, capture, or collect [listed animal
we will be able to do so. All species], or to attempt to engage in such
Carlsbad Fish and Wildlife Office, U.S.
submissions from organizations or conduct’’ (16 U.S.C. 1538). ‘‘Harm’’
Fish and Wildlife Service, 2177 Salk
businesses, and from individuals includes significant habitat modification
Avenue, Suite 250, Carlsbad, CA 92008.
identifying themselves as • Fax: Field Supervisor, 760–431– or degradation that actually kills or
representatives or officials of 9624. injures listed wildlife by significantly
organizations or businesses, will be • Email: fw8cfwocomments@fws.gov. impairing essential behavioral patterns
made available for public disclosure in Obtaining Documents: You may such as breeding, feeding, or sheltering
their entirety. obtain copies of the documents by the (50 CFR 17.3). However, under section
Authority following methods: 10(a) of the ESA, the Service may issue
• Internet: https://www.fws.gov/ permits to authorize incidental take of
We provide this notice under section carlsbad/HCPs/HCP_Docs.html. listed species. ‘‘Incidental taking’’ is
10(c) of the ESA and ESA implementing • Telephone: 760–431–9440. defined by the ESA implementing
regulations (50 CFR 17.22 and 17.32) • U.S. Mail: Carlsbad Fish and regulations as taking that is incidental
and NEPA (42 U.S.C. 4371 et seq.) and Wildlife Office (address above). to, and not the purpose of, carrying out
it’s implementing regulations (40 CFR • In-Person: You may examine the an otherwise lawful activity (50 CFR
1506.6). documents by appointment during 17.3). Regulations governing incidental
Dated: August 20, 2018. regular business hours at the Carlsbad take permits for endangered and
James Broska,
Fish and Wildlife Office (address threatened species, respectively, are
above). Please call to make an found in the Code of Federal
Acting Deputy Regional Director, Southwest
appointment (see FOR FURTHER Regulations at 50 CFR 17.22 and 50 CFR
Region, Albuquerque, New Mexico.
INFORMATION CONTACT). 17.32.
[FR Doc. 2018–18809 Filed 8–29–18; 8:45 am]
FOR FURTHER INFORMATION CONTACT: Ms.
BILLING CODE 4333–15–P
Karen Goebel, Assistant Field Applicant’s Proposed Project
Supervisor, Carlsbad Fish and Wildlife The project is located on a 14-acre
DEPARTMENT OF THE INTERIOR Office, 760–431–9440. If you use a property in the City of Orange in Orange
telecommunications device for the deaf County, California. The applicant
Fish and Wildlife Service (TDD), please call the Federal Relay requests a 10-year permit under section
Service (FRS) at 800–877–8339. 10(a)(1)(B) of the ESA. If we approve the
[FWS–R8–ES–2018–N081; permit, the applicant anticipates taking
SUPPLEMENTARY INFORMATION: We, the
FXES11140800000–178–FF08ECAR00]
U.S. Fish and Wildlife Service (Service), vireo as a result of permanent impacts
Habitat Conservation Plan for the have received an application from to 2.0 acres of riparian woodland that
Least Bell’s Vireo; Categorical Chandler’s Sand and Gravel, LLC the species uses for breeding, feeding,
Exclusion for Chandler’s Sand and (applicant) for a 10-year incidental take and sheltering. The take would be
Gravel Project, Orange, California permit for one covered species pursuant incidental to the applicant’s activities
to section 10(a)(1)(B) of the Endangered associated with the regrading of the
AGENCY: Fish and Wildlife Service, Species Act of 1973, as amended (ESA; property and filling the abandoned pit
Interior. 16 U.S.C. 1531 et seq.). The application mine on site.
ACTION: Notice of availability; request addresses the anticipated ‘‘take’’ of the The applicant proposes to mitigate
for comments. endangered least Bell’s vireo (Vireo permanent impacts to 2.0 acres of
bellii pusillus; vireo) associated with occupied vireo habitat through the
SUMMARY: We, the U.S. Fish and regrading a 14-acre property and filling creation of 1.48 acres and enhancement
Wildlife Service, have received an an abandoned pit mine on site in the of 1.88 acres of vireo habitat on site and
application from Chandler’s Sand and City of Orange, Orange County, enhancement of 2.53 acres of vireo
amozie on DSK3GDR082PROD with NOTICES1
Gravel, LLC for a 10-year incidental take California. A conservation program to habitat off site. All of the created and
permit for the endangered least Bell’s avoid, minimize, and mitigate for enhanced habitat will be conserved and
vireo pursuant to the Endangered project activities would be implemented managed in perpetuity.
Species Act, as amended. We are as described in the applicant’s proposed The applicant’s proposed HCP also
requesting comments on the permit habitat conservation plan (HCP). contains measures to minimize the
application and on our preliminary We are requesting comments on the effects of construction activities on the
determination that the applicant’s permit application and on our vireo, including the following:
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Document Created: 2018-08-30 01:20:37
Document Modified: 2018-08-30 01:20:37
| 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 comment. | |
| Dates | Submission of Comments: We will accept comments received or postmarked on or before October 1, 2018. | |
| Contact | Brenda Smith, Acting Field Supervisor, (602) 242-0210 (telephone). | |
| FR Citation | 83 FR 44297 |
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