83 FR 44298 - Habitat Conservation Plan for the Least Bell's Vireo; Categorical Exclusion for Chandler's Sand and Gravel Project, Orange, California
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 | 44298-44299 | |
| FR Document | 2018-18908 |
[Federal Register Volume 83, Number 169 (Thursday, August 30, 2018)] [Notices] [Pages 44298-44299] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-18908] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS-R8-ES-2018-N081; FXES11140800000-178-FF08ECAR00] Habitat Conservation Plan for the Least Bell's Vireo; Categorical Exclusion for Chandler's Sand and Gravel Project, Orange, California AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of availability; request for comments. ----------------------------------------------------------------------- SUMMARY: We, the U.S. Fish and Wildlife Service, have received an application from Chandler's Sand and Gravel, LLC for a 10-year incidental take permit for the endangered least Bell's vireo pursuant to the Endangered Species Act, as amended. We are requesting comments on the permit application and on our preliminary determination that the applicant's accompanying proposed habitat conservation plan (HCP) qualifies as low effect, eligible for a categorical exclusion under the National Environmental Policy Act. The basis for this determination is discussed in our environmental action statement (EAS) and associated low-effect screening form, which are also available for public review. DATES: Written comments should be received on or before October 1, 2018. ADDRESSES: Submitting Comments: You may submit comments by one of the following methods. Please include ``OC Mine HCP'' at the beginning of your comments.U.S. Mail: Field Supervisor, Carlsbad Fish and Wildlife Office, U.S. Fish and Wildlife Service, 2177 Salk Avenue, Suite 250, Carlsbad, CA 92008. Fax: Field Supervisor, 760-431-9624. Email: fw8cfwocomments@fws.gov. Obtaining Documents: You may obtain copies of the documents by the following methods: Internet: https://www.fws.gov/carlsbad/HCPs/HCP_Docs.html. Telephone: 760-431-9440. U.S. Mail: Carlsbad Fish and Wildlife Office (address above). In-Person: You may examine the documents by appointment during regular business hours at the Carlsbad Fish and Wildlife Office (address above). Please call to make an appointment (see FOR FURTHER INFORMATION CONTACT). FOR FURTHER INFORMATION CONTACT: Ms. Karen Goebel, Assistant Field Supervisor, Carlsbad Fish and Wildlife Office, 760-431-9440. If you use a telecommunications device for the deaf (TDD), please call the Federal Relay Service (FRS) at 800-877-8339. SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service (Service), have received an application from Chandler's Sand and Gravel, LLC (applicant) for a 10-year incidental take permit for one covered species pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.). The application addresses the anticipated ``take'' of the endangered least Bell's vireo (Vireo bellii pusillus; vireo) associated with regrading a 14-acre property and filling an abandoned pit mine on site in the City of Orange, Orange County, California. A conservation program to avoid, minimize, and mitigate for project activities would be implemented as described in the applicant's proposed habitat conservation plan (HCP). We are requesting comments on the permit application and on our preliminary determination that the proposed HCP qualifies as a low- effect HCP, eligible for a categorical exclusion under the National Environmental Policy Act of 1969, as amended (NEPA; 42 U.S.C. 4321 et seq.). The basis for this determination is discussed in our EAS and associated low-effect screening form, which are also available for public review. Background Section 9 of the ESA and its implementing Federal regulations prohibit the take of animal species listed as endangered or threatened. ``Take'' is defined under the ESA as to ``harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect [listed animal species], or to attempt to engage in such conduct'' (16 U.S.C. 1538). ``Harm'' includes significant habitat modification or degradation that actually kills or injures listed wildlife by significantly impairing essential behavioral patterns such as breeding, feeding, or sheltering (50 CFR 17.3). However, under section 10(a) of the ESA, the Service may issue permits to authorize incidental take of listed species. ``Incidental taking'' is defined by the ESA implementing regulations as taking that is incidental to, and not the purpose of, carrying out an otherwise lawful activity (50 CFR 17.3). Regulations governing incidental take permits for endangered and threatened species, respectively, are found in the Code of Federal Regulations at 50 CFR 17.22 and 50 CFR 17.32. Applicant's Proposed Project The project is located on a 14-acre property in the City of Orange in Orange County, California. The applicant requests a 10-year permit under section 10(a)(1)(B) of the ESA. If we approve the permit, the applicant anticipates taking vireo as a result of permanent impacts to 2.0 acres of riparian woodland that the species uses for breeding, feeding, and sheltering. The take would be incidental to the applicant's activities associated with the regrading of the property and filling the abandoned pit mine on site. The applicant proposes to mitigate permanent impacts to 2.0 acres of occupied vireo habitat through the creation of 1.48 acres and enhancement of 1.88 acres of vireo habitat on site and enhancement of 2.53 acres of vireo habitat off site. All of the created and enhanced habitat will be conserved and managed in perpetuity. The applicant's proposed HCP also contains measures to minimize the effects of construction activities on the vireo, including the following: [[Page 44299]] Oversight of project activities by a biological monitor; fencing the project limits; removing vegetation outside the vireo nesting season; implementing a Storm Water Pollution Prevention Plan to avoid and minimize erosion, sedimentation, and pollution in adjacent native habitat; removing invasive plant species from the project work area; minimizing the use of project lighting; storing and removing trash; controlling dust; ensuring that fire suppression equipment at all times; and monitoring and reporting to the Service upon project completion. Proposed Action and Alternatives The Proposed Action consists of the issuance of an incidental take permit and implementation of the proposed HCP, which includes measures to avoid, minimize, and mitigate impacts to the vireo. If we approve the permit, take of vireo would be authorized for the applicant's activities associated with the implementation of the OC Reclamation Mine project. In the proposed HCP, the applicant considers the No Action Alternative. Under the No Action Alternative, no incidental take of least Bell's vireo resulting from habitat modification would occur, and no long-term protection and management would be afforded to the species. The No Action Alternative would not meet the primary goal of the proposed Project, which is serve as a receiver site for excess fill and to fill the abandoned pit mine. Because the abandoned pit mine contains the habitat supporting the vireo, it is not possible to implement the project and avoid incidental take of vireo. Our Preliminary Determination The Service has made a preliminary determination that approval of the HCP and issuance of an incidental take permit qualify for categorical exclusion under NEPA (42 U.S.C. 4321 et seq.), as provided by the Department of the Interior implementing regulations in part 46 of title 43 of the Code of Federal Regulations (43 CFR 46.205, 46.210, and 46.215), and that the HCP qualifies as a low-effect plan as defined by the Habitat Conservation Planning Handbook (December 2016). We base our determination that a HCP qualifies as a low-effect plan on the following three criteria: (1) Implementation of the HCP would result in minor or negligible effects on federally listed, proposed, and candidate species and their habitats; (2) Implementation of the HCP would result in minor or negligible effects on other environmental values or resources; and (3) Impacts of the HCP, considered together with the impacts of other past, present, and reasonably foreseeable similarly situated projects, would not result, over time, in cumulative effects to environmental values or resources that would be considered significant. Based upon this preliminary determination, we do not intend to prepare further NEPA documentation. We will consider public comments in making the final determination on whether to prepare such additional documentation. Next Steps We will evaluate the proposed HCP and comments we receive to determine whether the permit application meets the requirements and issuance criteria under section 10(a) of the ESA (16 U.S.C. 1531 et seq.). We will also evaluate whether issuance of a section 10(a)(1)(B) incidental take permit would comply with section 7 of the ESA by conducting an intra-Service consultation. We will use the results of this consultation, in combination with the above findings, in our final analysis to determine whether or not to issue a permit. If the requirements and issuance criteria under section 10(a) are met, we will issue the permit to the applicant for incidental take of vireo. Public Availability of Comments 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 may ask us in your comment to withhold your personal identifying information from public review, 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). G. Mendel Stewart, Field Supervisor, Carlsbad Fish and Wildlife Office, Carlsbad, California. [FR Doc. 2018-18908 Filed 8-29-18; 8:45 am] BILLING CODE 4333-15-P
![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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![Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Notices 44299
Oversight of project activities by a (3) Impacts of the HCP, considered DEPARTMENT OF THE INTERIOR
biological monitor; fencing the project together with the impacts of other past,
limits; removing vegetation outside the present, and reasonably foreseeable Office of the Secretary
vireo nesting season; implementing a similarly situated projects, would not [189D0102DM DLSN00000.000000
Storm Water Pollution Prevention Plan result, over time, in cumulative effects DS61200000 DX61201; OMB Control
to avoid and minimize erosion, to environmental values or resources Number 1090–0011]
sedimentation, and pollution in that would be considered significant.
adjacent native habitat; removing Agency Information Collection
invasive plant species from the project Based upon this preliminary Activities; Submission to the Office of
work area; minimizing the use of project determination, we do not intend to Management and Budget for Review
lighting; storing and removing trash; prepare further NEPA documentation. and Approval; DOI Generic Clearance
controlling dust; ensuring that fire We will consider public comments in for the Collection of Qualitative
suppression equipment at all times; and making the final determination on Feedback on Agency Service Delivery
monitoring and reporting to the Service whether to prepare such additional
upon project completion. AGENCY: Office of the Secretary, Interior.
documentation.
ACTION: Notice of information collection;
Proposed Action and Alternatives Next Steps request for comment.
The Proposed Action consists of the
issuance of an incidental take permit We will evaluate the proposed HCP SUMMARY: In accordance with the
and implementation of the proposed and comments we receive to determine Paperwork Reduction Act of 1995, we,
HCP, which includes measures to avoid, whether the permit application meets the Office of the Secretary are proposing
minimize, and mitigate impacts to the the requirements and issuance criteria to renew an information collection.
vireo. If we approve the permit, take of under section 10(a) of the ESA (16 DATES: Interested persons are invited to
vireo would be authorized for the U.S.C. 1531 et seq.). We will also submit comments on or before October
applicant’s activities associated with the evaluate whether issuance of a section 1, 2018.
implementation of the OC Reclamation 10(a)(1)(B) incidental take permit would ADDRESSES: Send written comments on
Mine project. In the proposed HCP, the comply with section 7 of the ESA by this information collection request (ICR)
applicant considers the No Action conducting an intra-Service to the Office of Management and
Alternative. Under the No Action consultation. We will use the results of Budget’s Desk Officer for the
Alternative, no incidental take of least this consultation, in combination with Department of the Interior by email at
Bell’s vireo resulting from habitat the above findings, in our final analysis OIRA_Submission@omb.eop.gov; or via
modification would occur, and no long- to determine whether or not to issue a facsimile to (202) 395–5806. Please
term protection and management would permit. If the requirements and issuance provide a copy of your comments to
be afforded to the species. The No criteria under section 10(a) are met, we Jeffrey Parrillo, 1849 C Street NW,
Action Alternative would not meet the will issue the permit to the applicant for Washington, DC 20240; or by email to
primary goal of the proposed Project, incidental take of vireo. jeffrey_parrillo@ios.doi.gov. Please
which is serve as a receiver site for reference OMB Control Number 1090–
excess fill and to fill the abandoned pit Public Availability of Comments 0011 in the subject line of your
mine. Because the abandoned pit mine comments.
contains the habitat supporting the Before including your address, phone
number, email address, or other FOR FURTHER INFORMATION CONTACT: To
vireo, it is not possible to implement the
personal identifying information in your request additional information about
project and avoid incidental take of
comment, you should be aware that this ICR, contact Jeffrey Parrillo, 1849 C
vireo.
your entire comment—including your Street NW, Washington, DC 20240; or by
Our Preliminary Determination personal identifying information—may email to jeffrey_parrillo@ios.doi.gov.
The Service has made a preliminary be made publicly available at any time. You may also view the ICR at http://
determination that approval of the HCP www.reginfo.gov/public/do/PRAMain.
While you may ask us in your comment
and issuance of an incidental take to withhold your personal identifying SUPPLEMENTARY INFORMATION: In
permit qualify for categorical exclusion information from public review, we accordance with the Paperwork
under NEPA (42 U.S.C. 4321 et seq.), as cannot guarantee that we will be able to Reduction Act of 1995, we provide the
provided by the Department of the general public and other Federal
do so.
Interior implementing regulations in agencies with an opportunity to
part 46 of title 43 of the Code of Federal Authority comment on new, proposed, revised,
Regulations (43 CFR 46.205, 46.210, and and continuing collections of
46.215), and that the HCP qualifies as a We provide this notice under section information. This helps us assess the
low-effect plan as defined by the Habitat 10 of the ESA (16 U.S.C. 1531 et seq.) impact of our information collection
Conservation Planning Handbook and NEPA regulations (40 CFR 1506.6). requirements and minimize the public’s
(December 2016). G. Mendel Stewart,
reporting burden. It also helps the
We base our determination that a HCP public understand our information
Field Supervisor, Carlsbad Fish and Wildlife collection requirements and provide the
qualifies as a low-effect plan on the Office, Carlsbad, California.
following three criteria: requested data in the desired format.
[FR Doc. 2018–18908 Filed 8–29–18; 8:45 am] A Federal Register notice with a 60-
(1) Implementation of the HCP would
amozie on DSK3GDR082PROD with NOTICES1
result in minor or negligible effects on BILLING CODE 4333–15–P day public comment period soliciting
federally listed, proposed, and comments on this collection of
candidate species and their habitats; information was published on March
(2) Implementation of the HCP would 22, 2018 (83 FR 12590). No comments
result in minor or negligible effects on were received.
other environmental values or We are again soliciting comments on
resources; and the proposed ICR that is described
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Document Created: 2018-08-30 01:20:50
Document Modified: 2018-08-30 01:20:50
| 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 October 1, 2018. | |
| Contact | Ms. Karen Goebel, Assistant Field Supervisor, Carlsbad Fish and Wildlife Office, 760-431-9440. If you use a telecommunications device for the deaf (TDD), please call the Federal Relay Service (FRS) at 800-877-8339. | |
| FR Citation | 83 FR 44298 |
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