Notice of Availability of Draft Habitat Conservation Plan; Receipt of Application for Incidental Take Permit; Enbridge Pipelines (Lakehead), L.L.C., 15374-15376 [2013-05524]
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15374
Federal Register / Vol. 78, No. 47 / Monday, March 11, 2013 / Notices
Place: National Institutes of Health, 6701
Rockledge Drive, Bethesda, MD 20892
(Telephone Conference Call).
Contact Person: Eduardo A Montalvo,
Ph.D., Scientific Review Officer, Center for
Scientific Review, National Institutes of
Health, 6701 Rockledge Drive, Room 5108,
MSC 7852, Bethesda, MD 20892, (301) 435–
1168, montalve@csr.nih.gov.
(Catalogue of Federal Domestic Assistance
Program Nos. 93.306, Comparative Medicine;
93.333, Clinical Research, 93.306, 93.333,
93.337, 93.393–93.396, 93.837–93.844,
93.846–93.878, 93.892, 93.893, National
Institutes of Health, HHS)
Dated: March 5, 2013.
Michelle Trout,
Program Analyst, Office of Federal Advisory
Committee Policy.
[FR Doc. 2013–05510 Filed 3–8–13; 8:45 am]
BILLING CODE 4140–01–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5447–C–01]
Notice of Formula Allocations and
Program Requirements for
Neighborhood Stabilization Program
Formula Grants; Correction
Office of the Assistant
Secretary for Community Planning and
Development, HUD.
ACTION: Notice of Formula Allocations
and Program Requirements for
Neighborhood Stabilization Program
Formula Grants; Correction.
AGENCY:
On October 19, 2010, HUD
published the ‘‘Notice of Formula
Allocations and Program Requirements
for Neighborhood Stabilization Program
Formula Grants’’ (Unified NSP Notice)
in the Federal Register, at 75 FR 64322.
That notice provided unified program
requirements for the NSP1 grantees and
NSP3 grantees. The allocation formula,
application process and program
requirements for NSP1 grantees were
originally published in an October 6,
2008 Federal Register Notice at 73 FR
58330 and amended by a June 19, 2009,
April 9, 2010, and an August 27, 2010
Federal Register Notice at 74 FR 29223,
75 FR 18228 and 75 FR 52772,
respectively. This notice is revising the
Unified NSP Notice to include the
provision of corrective action(s) or
sanctions among HUD’s remedial
actions for failure of NSP1 grantees to
meet the four year expenditure
requirement.
FOR FURTHER INFORMATION CONTACT:
Stanley Gimont, Director, Office of
Block Grant Assistance, Office of
Community Planning and Development,
Department of Housing and Urban
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SUMMARY:
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16:19 Mar 08, 2013
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Development, 451 Seventh Street SW.,
Room 7286, Washington, DC 20410,
telephone number 202–708–3587 (this
is not a toll-free number). Persons with
hearing or speech impairments may
access this number via TTY by calling
the Federal Relay Service at 800–877–
8339. FAX inquiries may be sent to Mr.
Gimont at 202–401–2044.
SUPPLEMENTARY INFORMATION:
Program Background and Purpose
The Neighborhood Stabilization
Program (or NSP) was established by the
Housing and Economic Recovery Act of
2008 (HERA) (Pub. L. 110–289,
approved July 30, 2008), specifically
Division B, Title III of HERA, for the
purpose of stabilizing communities that
have suffered from foreclosures and
abandonment. HERA appropriated $3.92
billion to be made available to all states
and selected local governments on a
formula basis, commonly referred to as
NSP1.
The purpose of the funds awarded
under NSP is to target the stabilization
of neighborhoods negatively affected by
properties that have been foreclosed
upon and abandoned. The Unified NSP
Notice provides further background for
the program, the program principles,
and the objectives and outcomes of the
NSP program.
NSP is a component of the CDBG
program, authorized under Housing and
Community Development Act of 1974
(HCD Act) (42 U.S.C. 5301 et seq.).
Summary of Corrections
M. Timeliness of Use and Expenditure
of NSP Funds
Background
This notice is revising section II.M of
the Unified NSP Notice to include
providing for corrective action(s) or
sanctions among HUD’s remedial
actions for failure of NSP1 grantees to
meet the 4 year expenditure
requirement. As provided in the
‘‘Background’’ of section M of the
Unified NSP Notice, HUD intended that
recapture, corrective actions or
sanctions be among the available
remedies for all NSP grantees. However,
two of these remedies were
inadvertently omitted from the
requirement. This revision adds the
omitted language.
Revised Requirement
Section II.M.2 of the Unified NSP
Notice is revised to read:
Timely expenditure of NSP1 funds.
The timely distribution or expenditure
requirements of sections 24 CFR
570.494 and 570.902 are waived to the
extent necessary to allow the following
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alternative requirement: All NSP1
grantees must expend on eligible NSP
activities an amount equal to or greater
than the initial allocation of NSP1 funds
within 4 years of receipt of those funds
or HUD will recapture and reallocate the
amount of funds not expended or
provide for other corrective action(s) or
sanction.
Dated: March 1, 2013.
Mark Johnston,
Deputy Assistant Secretary for Special Needs.
[FR Doc. 2013–05526 Filed 3–8–13; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R3–ES–2013–N051;
FXES11130300000–134–FF03E00000]
Notice of Availability of Draft Habitat
Conservation Plan; Receipt of
Application for Incidental Take Permit;
Enbridge Pipelines (Lakehead), L.L.C.
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service, USFWS), have
received an application from Enbridge
Pipelines (Lakehead) L.L.C. (applicant),
for an incidental take permit (ITP) under
the Endangered Species Act of 1973
(ESA). If approved, the ITP would
authorize incidental take of the federally
endangered Hine’s Emerald Dragonfly
(hereafter ‘‘HED’’). The applicant has
prepared a low-effect habitat
conservation plan (HCP) to cover
activities associated with pipeline
maintenance work in Garfield
Township, Mackinac County, Michigan.
We invite comments from the public on
the application, which includes the loweffect HCP, which has been determined
to be eligible for a Categorical Exclusion
under the National Environmental
Policy Act of 1969, as amended (NEPA).
DATES: To ensure consideration, please
send your written comments on or
before April 10, 2013.
ADDRESSES: Send written comments via
U.S. mail to the Field Supervisor, Attn:
Barbara Hosler, U.S. Fish and Wildlife
Service, 2651 Coolidge Road East, Ste.
101, Lansing, MI 48823. Phone: 517–
351–2555. Fax: 517–351–1443. TTY: 1–
800–877–8339, or by electronic mail to
Barbara_Hosler@fws.gov.
FOR FURTHER INFORMATION CONTACT: Barb
Hosler, (517) 351–6326
SUPPLEMENTARY INFORMATION: We have
received an application from Enbridge
SUMMARY:
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Federal Register / Vol. 78, No. 47 / Monday, March 11, 2013 / Notices
mstockstill on DSK4VPTVN1PROD with NOTICES
Pipelines (Lakehead) L.L.C., Inc., for an
incidental take permit (ITP) under the
Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.; ESA). If approved,
the ITP would authorize incidental take
of the Hine’s Emerald Dragonfly
(hereafter ‘‘HED’’; Somatochlora
hineana).
Under the ESA, we announce that we
have gathered the information necessary
to evaluate the application for permit
issuance, including the HCP, which
provides measures to minimize and
mitigate the effects of the proposed
incidental take of the HED.
Background
Pipeline maintenance work is
planned by Enbridge Pipelines
(Lakehead) L.L.C. (Enbridge) in Garfield
Township, Mackinac County, Michigan.
The purpose of the planned work is to
inspect and, if necessary, repair three
sections of Enbridge’s Line 5 (30-inch
diameter) pipeline located in and
adjacent to a tributary to O’Niel Creek
and associated wetlands. The sections of
pipe require excavation in order to
complete. The proposed excavation is
estimated to be 30 ft wide, 140 ft long,
and up to 10 ft deep.
The maintenance of the pipeline at
the identified locations is being
completed as required by the
Department of Transportation (DOT)
regulations in the Code of Federal
Regulations (CFR) at 49 CFR Part
195.452 on Integrity Management. The
proposed work is expected to take
approximately 14 to 21 days to complete
during winter months in early 2013, and
will be initiated after the required
permits are obtained. The permits will
cover all activities associated with
accessing the work site during winter,
including excavation, pipeline
inspection and repair, dewatering,
temporary work area and spoil pile
stock, backfilling excavation, and site
restoration. The area included is 2.64
acres. The extent of direct impact by the
project is 0.97 acres within the HCP
boundary.
Surveys have not been conducted for
Hine’s Emerald Dragonfly at the project
site. An Incidental Take Permit is being
sought because potential habitat is
present and will be impacted by the
proposed project. Temporary impacts
will result from winter excavation,
dewatering, and backfilling, which may
destroy overwintering dragonfly larvae.
No impacts to adults, or adult foraging
and breeding habitat, are anticipated.
Based on population estimates of
known populations within Michigan,
the number of larvae within the 4,200
ft2 (390 m2) excavation footprint could
be within the range of 156—328 larvae.
VerDate Mar<15>2010
16:19 Mar 08, 2013
Jkt 229001
Assuming the worst-case impact using
highest larval densities reported for
Michigan, direct impact could be
mortality of 328 larvae from winter-time
excavation. The impact area of the
excavation represents approximately 3.5
percent of the potential habitat at this
site. If number of larvae in the habitat
is proportional to the habitat area, the
density estimate of 0.84 larvae/m2
yields an overall population estimate of
over 9,300 larvae. The maximum
estimated impact of 328 larvae
represents 3.5 percent of this total.
Upon completion of the work, the site
will be restored and mulched. The
stream bank will be reinforced with a
biolog consisting of coconut fibers that
have been compressed and stuffed into
a netting. Biolog anchorage shall be in
accordance with the manufacturer’s
recommendations. The excavation will
be mulched with weed-free mulch or an
erosion control mat. The excavation area
will be revegetated after soil thaw (May
1–June 1) with a wet meadow seed
mixture comprised of regionally
appropriate native species. Seeding will
be done by hand or with a hand-held
seeder.
Compensatory mitigation will consist
of a one-time payment of $12,000 to the
National Fish and Wildlife Foundation
(NFWF). The payment will be made at
the time the incidental take permit is
issued and will be earmarked for
conservation programs to benefit Hine’s
emerald dragonfly.
Monitoring will be conducted during
and after pipeline maintenance to
document the extent of actual
excavation and site restoration. No
surveys are proposed for adult or larval
dragonflies.
Proposed Action
Section 9 of the ESA prohibits the
‘‘taking’’ of threatened and endangered
species. However, provided certain
criteria are met, we are authorized to
issue permits under section 10(a)(1)(B)
of the ESA for take of federally listed
species, when, among other things, such
a taking is incidental to, and not the
purpose of, otherwise lawful activities.
Under the ESA, the term ‘‘take’’ means
to harass, harm, pursue, hunt, shoot,
wound, kill, trap, capture, or collect
endangered and threatened species, or
to attempt to engage in any such
conduct. Our implementing regulations
define ‘‘harm’’ as 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 (50 CFR 17.3).
Harass, as defined, means ‘‘an
intentional or negligent act or omission
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Fmt 4703
Sfmt 4703
15375
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 CFR 17.3). However,
under specified circumstances, the
Service may issue permits that allow the
take of federally listed species, provided
that the take that occurs is incidental to,
but not the purpose of, an otherwise
lawful activity.
Regulations governing permits for
endangered and threatened species are
at 50 CFR 17.22 and 17.32, respectively.
Section 10(a)(1)(B) of the Act contains
provisions for issuing such incidental
take permits to non-Federal entities for
the take of endangered and threatened
species, provided the following criteria
are met: (1) The taking will be
incidental; (2) The applicant will, to the
maximum extent practicable, minimize
and mitigate the impact of such taking;
(3) The applicant will develop a
proposed HCP and ensure that adequate
funding for the HCP will be provided;
(4) The taking will not appreciably
reduce the likelihood of the survival
and recovery of the species in the wild;
and (5) The applicant will carry out any
other measures that the Service may
require as being necessary or
appropriate for the purposes of the HCP.
The applicant seeks an incidental take
permit for proposed covered activities
within a 2.64-acre permit area. The draft
HCP analyzes take attributable to the
applicant’s proposed activities. If
issued, the ITP would authorize
potential incidental take of HED
consistent with the applicant’s HCP. To
issue the permit, the Service must find
that the application, including its HCP,
satisfies the criteria of section
10(a)(1)(B) of the ESA and the Service’s
implementing regulations at 50 CFR Part
13, 17.22, and 17.32.
Reviewing Documents and Submitting
Comments
Please refer to the Enbridge HCP
when submitting comments. The permit
application and supporting documents
(ITP application, HCP, EAS) may be
obtained on the Internet at the following
address: https://www.fws.gov/midwest/
endangered/permits/hcp/r3hcps.html.
Persons without access to the Internet
may obtain copies of the draft HCP and
associated documents by contacting the
Service office described under
ADDRESSES, above. The draft document
will also be available for public
inspection, by appointment, during
normal business hours (8 a.m. to 4 p.m.)
at the office described under ADDRESSES
above.
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15376
Federal Register / Vol. 78, No. 47 / Monday, March 11, 2013 / Notices
Written comments will be accepted as
described under ADDRESSES, above.
Public Availability of Comments
Written comments we receive become
part of the public record associated with
this action. Before including your
address, phone number, email address,
or other personal identifying
information in your comment, you
should be aware that the entire
comment, including your personal
identifying information, may be made
available at any time. While you can 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(c) of the ESA (16 U.S.C. 1531 et seq.)
and its implementing regulations (50
CFR 17.22), and NEPA (42 U.S.C. 4371
et seq.) and its implementing
regulations (40 CFR 1506.6; 43 CFR part
46).
Dated: March 4, 2013.
Lynn Lewis,
Assistant Regional Director, Ecological
Services, Midwest Region.
April 9, 2012 that it would conduct full
reviews (77 FR 24221, April 23, 2012).
Notice of the scheduling of the
Commission’s reviews and of a public
hearing to be held in connection
therewith was given by posting copies
of the notice in the Office of the
Secretary, U.S. International Trade
Commission, Washington, DC, and by
publishing the notice in the Federal
Register on May 30, 2012 (77 FR 31877)
(schedule revised effective November 2,
2012 (77 FR 67395, November 9, 2012)).
The hearing was held in Washington,
DC, on January 9, 2013, and all persons
who requested the opportunity were
permitted to appear in person or by
counsel.
The Commission transmitted its
determinations in these reviews to the
Secretary of Commerce on March 5,
2013. The views of the Commission are
contained in USITC Publication 4388
(March 2013), entitled CorrosionResistant Carbon Steel Flat Products
from Germany and Korea: Investigation
Nos. 701–TA–350 and 731–TA–616 and
618 (Third Review).
Issued: March 5, 2013.
By order of the Commission.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013–05524 Filed 3–8–13; 8:45 am]
BILLING CODE 4310–55–P
[FR Doc. 2013–05536 Filed 3–8–13; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
DEPARTMENT OF JUSTICE
[Investigation Nos. 701–TA–350 and 731–
TA–616 and 618 (Third Review)]
Determinations: Corrosion-Resistant
Carbon Steel Flat Products From
Germany and Korea
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On the basis of the record 1 developed
in the subject five-year reviews, the
United States International Trade
Commission (Commission) determines,
pursuant to section 751(c) of the Tariff
Act of 1930 (19 U.S.C. 1675(c)), that
revocation of the countervailing duty
order on corrosion-resistant carbon steel
flat products from Korea and the
antidumping duty orders on corrosionresistant carbon steel flat products from
Germany and Korea would not be likely
to lead to continuation or recurrence of
material injury to an industry in the
United States within a reasonably
foreseeable time.
Background
The Commission instituted these
reviews on January 3, 2012 (77 FR 301,
January 4, 2012) and determined on
1 The record is defined in sec. 207.2(f) of the
Commission’s Rules of Practice and Procedure (19
CFR 207.2(f)).
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16:19 Mar 08, 2013
Jkt 229001
Notice of Lodging of Proposed
Consent Decree Amendment Under the
Clean Air Act; the Clean Water Act; the
Resource Conservation and Recovery
Act; the Emergency Planning and
Community Right-To-Know Act; and
the Comprehensive Environmental
Response, Compensation and Liability
Act
On March 4, 2013, the Department of
Justice lodged with the United States
District Court for the Eastern District of
Missouri a proposed First Amendment
to the Consent Decree in the lawsuit
entitled United States v. The Doe Run
Resources Corporation, et al., Civil
Action No. 4:10-cv-1895–JCH.
The Consent Decree, entered by the
Court on December 21, 2011 (Dkt. Item
No. 116), resolved a joint multimedia
action by the United States and the State
of Missouri against The Doe Run
Resources Corporation, The Doe Run
Resources Corporation d/b/a The Doe
Run Company, and The Buick Resource
Recycling Facility, LLC, (collectively
‘‘Doe Run’’) for violations of the Clean
Air Act, the Resource Conservation and
Recovery Act, the Clean Water Act, the
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Frm 00036
Fmt 4703
Sfmt 4703
Emergency Planning and Community
Right-to-Know Act, the Comprehensive
Environmental Response,
Compensation, and Liability Act, and
Missouri law at several mining, milling
and smelting operations located in
Missouri. The Consent Decree required
Doe Run to perform injunctive relief and
mitigation projects and to pay a $7
million civil penalty. The Consent
Decree also required Doe Run to cease
certain operations at the Herculaneum
Lead Smelter Facility by December 31,
2013. In the interim, the Consent Decree
imposed certain limits on the smelter’s
operation. The proposed Amendment
would temporarily increase the
Herculaneum Lead Smelter Facility 12month rolling average limit for SO2
emissions and the 12-month rolling
average limit for lead production for
three months in 2013. To offset this
temporary increase, the proposed
Amendment requires Doe Run to lower
the 12-month rolling SO2 emission limit
for five months in 2013 to ensure an
overall net reduction in SO2 emissions
for 2013. The Amendment does not
allow Doe Run to produce more lead at
the Herculaneum Lead Smelter Facility
for calendar year 2013 than it otherwise
would under the original Consent
Decree. In addition, the Amendment
does not change the short-term lead
production limit or the short-term SO2
emission limits for the Herculaneum
Lead Smelter Facility set forth in the
Consent Decree.
The publication of this notice opens
a period for public comment on the First
Amendment to the Consent Decree.
Comments should be addressed to the
Assistant Attorney General,
Environment and Natural Resources
Division, and should refer to United
States v. The Doe Run Resources
Corporation, et al., Civil Action No.
4:10–cv–1895, D.J. Ref. No. 90–5–2–1–
07390/1. All comments must be
submitted no later than fifteen (15) days
after the publication date of this notice.
Comments may be submitted either by
email or by mail:
To submit
comments:
Send them to:
By email ...
pubcommentees.enrd@usdoj.gov.
Assistant Attorney General, U.S.
DOJ—ENRD, P.O. Box 7611,
Washington, DC 20044–7611.
By mail .....
During the public comment period,
the First Amendment to the Consent
Decree may be examined and
downloaded at this Justice Department
Web site: https://www.usdoj.gov/enrd/
Consent_Decrees.html. We will provide
E:\FR\FM\11MRN1.SGM
11MRN1
]]>Agencies
[Federal Register Volume 78, Number 47 (Monday, March 11, 2013)]
[Notices]
[Pages 15374-15376]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-05524]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R3-ES-2013-N051; FXES11130300000-134-FF03E00000]
Notice of Availability of Draft Habitat Conservation Plan;
Receipt of Application for Incidental Take Permit; Enbridge Pipelines
(Lakehead), L.L.C.
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service, USFWS), have
received an application from Enbridge Pipelines (Lakehead) L.L.C.
(applicant), for an incidental take permit (ITP) under the Endangered
Species Act of 1973 (ESA). If approved, the ITP would authorize
incidental take of the federally endangered Hine's Emerald Dragonfly
(hereafter ``HED''). The applicant has prepared a low-effect habitat
conservation plan (HCP) to cover activities associated with pipeline
maintenance work in Garfield Township, Mackinac County, Michigan. We
invite comments from the public on the application, which includes the
low-effect HCP, which has been determined to be eligible for a
Categorical Exclusion under the National Environmental Policy Act of
1969, as amended (NEPA).
DATES: To ensure consideration, please send your written comments on or
before April 10, 2013.
ADDRESSES: Send written comments via U.S. mail to the Field Supervisor,
Attn: Barbara Hosler, U.S. Fish and Wildlife Service, 2651 Coolidge
Road East, Ste. 101, Lansing, MI 48823. Phone: 517-351-2555. Fax: 517-
351-1443. TTY: 1-800-877-8339, or by electronic mail to Barbara_Hosler@fws.gov.
FOR FURTHER INFORMATION CONTACT: Barb Hosler, (517) 351-6326
SUPPLEMENTARY INFORMATION: We have received an application from
Enbridge
[[Page 15375]]
Pipelines (Lakehead) L.L.C., Inc., for an incidental take permit (ITP)
under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.; ESA).
If approved, the ITP would authorize incidental take of the Hine's
Emerald Dragonfly (hereafter ``HED''; Somatochlora hineana).
Under the ESA, we announce that we have gathered the information
necessary to evaluate the application for permit issuance, including
the HCP, which provides measures to minimize and mitigate the effects
of the proposed incidental take of the HED.
Background
Pipeline maintenance work is planned by Enbridge Pipelines
(Lakehead) L.L.C. (Enbridge) in Garfield Township, Mackinac County,
Michigan. The purpose of the planned work is to inspect and, if
necessary, repair three sections of Enbridge's Line 5 (30-inch
diameter) pipeline located in and adjacent to a tributary to O'Niel
Creek and associated wetlands. The sections of pipe require excavation
in order to complete. The proposed excavation is estimated to be 30 ft
wide, 140 ft long, and up to 10 ft deep.
The maintenance of the pipeline at the identified locations is
being completed as required by the Department of Transportation (DOT)
regulations in the Code of Federal Regulations (CFR) at 49 CFR Part
195.452 on Integrity Management. The proposed work is expected to take
approximately 14 to 21 days to complete during winter months in early
2013, and will be initiated after the required permits are obtained.
The permits will cover all activities associated with accessing the
work site during winter, including excavation, pipeline inspection and
repair, dewatering, temporary work area and spoil pile stock,
backfilling excavation, and site restoration. The area included is 2.64
acres. The extent of direct impact by the project is 0.97 acres within
the HCP boundary.
Surveys have not been conducted for Hine's Emerald Dragonfly at the
project site. An Incidental Take Permit is being sought because
potential habitat is present and will be impacted by the proposed
project. Temporary impacts will result from winter excavation,
dewatering, and backfilling, which may destroy overwintering dragonfly
larvae. No impacts to adults, or adult foraging and breeding habitat,
are anticipated.
Based on population estimates of known populations within Michigan,
the number of larvae within the 4,200 ft\2\ (390 m\2\) excavation
footprint could be within the range of 156--328 larvae. Assuming the
worst-case impact using highest larval densities reported for Michigan,
direct impact could be mortality of 328 larvae from winter-time
excavation. The impact area of the excavation represents approximately
3.5 percent of the potential habitat at this site. If number of larvae
in the habitat is proportional to the habitat area, the density
estimate of 0.84 larvae/m\2\ yields an overall population estimate of
over 9,300 larvae. The maximum estimated impact of 328 larvae
represents 3.5 percent of this total.
Upon completion of the work, the site will be restored and mulched.
The stream bank will be reinforced with a biolog consisting of coconut
fibers that have been compressed and stuffed into a netting. Biolog
anchorage shall be in accordance with the manufacturer's
recommendations. The excavation will be mulched with weed-free mulch or
an erosion control mat. The excavation area will be revegetated after
soil thaw (May 1-June 1) with a wet meadow seed mixture comprised of
regionally appropriate native species. Seeding will be done by hand or
with a hand-held seeder.
Compensatory mitigation will consist of a one-time payment of
$12,000 to the National Fish and Wildlife Foundation (NFWF). The
payment will be made at the time the incidental take permit is issued
and will be earmarked for conservation programs to benefit Hine's
emerald dragonfly.
Monitoring will be conducted during and after pipeline maintenance
to document the extent of actual excavation and site restoration. No
surveys are proposed for adult or larval dragonflies.
Proposed Action
Section 9 of the ESA prohibits the ``taking'' of threatened and
endangered species. However, provided certain criteria are met, we are
authorized to issue permits under section 10(a)(1)(B) of the ESA for
take of federally listed species, when, among other things, such a
taking is incidental to, and not the purpose of, otherwise lawful
activities. Under the ESA, the term ``take'' means to harass, harm,
pursue, hunt, shoot, wound, kill, trap, capture, or collect endangered
and threatened species, or to attempt to engage in any such conduct.
Our implementing regulations define ``harm'' as 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 (50 CFR 17.3). Harass, as
defined, means ``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
CFR 17.3). However, under specified circumstances, the Service may
issue permits that allow the take of federally listed species, provided
that the take that occurs is incidental to, but not the purpose of, an
otherwise lawful activity.
Regulations governing permits for endangered and threatened species
are at 50 CFR 17.22 and 17.32, respectively. Section 10(a)(1)(B) of the
Act contains provisions for issuing such incidental take permits to
non-Federal entities for the take of endangered and threatened species,
provided the following criteria are met: (1) The taking will be
incidental; (2) The applicant will, to the maximum extent practicable,
minimize and mitigate the impact of such taking; (3) The applicant will
develop a proposed HCP and ensure that adequate funding for the HCP
will be provided; (4) The taking will not appreciably reduce the
likelihood of the survival and recovery of the species in the wild; and
(5) The applicant will carry out any other measures that the Service
may require as being necessary or appropriate for the purposes of the
HCP.
The applicant seeks an incidental take permit for proposed covered
activities within a 2.64-acre permit area. The draft HCP analyzes take
attributable to the applicant's proposed activities. If issued, the ITP
would authorize potential incidental take of HED consistent with the
applicant's HCP. To issue the permit, the Service must find that the
application, including its HCP, satisfies the criteria of section
10(a)(1)(B) of the ESA and the Service's implementing regulations at 50
CFR Part 13, 17.22, and 17.32.
Reviewing Documents and Submitting Comments
Please refer to the Enbridge HCP when submitting comments. The
permit application and supporting documents (ITP application, HCP, EAS)
may be obtained on the Internet at the following address: https://www.fws.gov/midwest/endangered/permits/hcp/r3hcps.html.
Persons without access to the Internet may obtain copies of the
draft HCP and associated documents by contacting the Service office
described under ADDRESSES, above. The draft document will also be
available for public inspection, by appointment, during normal business
hours (8 a.m. to 4 p.m.) at the office described under ADDRESSES above.
[[Page 15376]]
Written comments will be accepted as described under ADDRESSES,
above.
Public Availability of Comments
Written comments we receive become part of the public record
associated with this action. Before including your address, phone
number, email address, or other personal identifying information in
your comment, you should be aware that the entire comment, including
your personal identifying information, may be made available at any
time. While you can 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(c) of the ESA (16 U.S.C.
1531 et seq.) and its implementing regulations (50 CFR 17.22), and NEPA
(42 U.S.C. 4371 et seq.) and its implementing regulations (40 CFR
1506.6; 43 CFR part 46).
Dated: March 4, 2013.
Lynn Lewis,
Assistant Regional Director, Ecological Services, Midwest Region.
[FR Doc. 2013-05524 Filed 3-8-13; 8:45 am]
BILLING CODE 4310-55-P
