Notice of Availability of Draft Habitat Conservation Plan; Receipt of Application for Incidental Take Permit; Commonwealth Edison, 16041-16043 [2014-06300]
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Federal Register / Vol. 79, No. 56 / Monday, March 24, 2014 / Notices
traditional, and cultural importance
central to the Hopi Tribe and culture,
rather than being property owned by an
individual. The Hopi Cultural
Preservation Office, representing the
cultural specialists and religious
leaders, has requested repatriation of
these objects.
Determinations Made by the USDA
Forest Service
Officials of the USDA Forest Service
have determined that:
• Pursuant to 25 U.S.C. 3001(3)(D),
the three cultural items described above
have ongoing historical, traditional, or
cultural importance central to the
Native American group or culture itself,
rather than property owned by an
individual.
• Pursuant to 25 U.S.C. 3001(2), there
is a relationship of shared group
identity that can be reasonably traced
between the objects of cultural
patrimony and Hopi Tribe of Arizona.
Additional Requestors and Disposition
Representatives of any Indian tribe
not identified in this notice that wish to
claim these objects of cultural
patrimony should submit a written
request with information in support of
the claim to Dr. Frank E. Wozniak,
NAGPRA Coordinator, Southwestern
Region, USDA Forest Service, 333
Broadway Blvd. SE., Albuquerque, NM
87102, telephone (505) 842–3238, email
fwozniak@fs.fed.us., by April 23, 2014.
After that date, if no additional
claimants have come forward, transfer
of control of these objects of cultural
patrimony to the Hopi Tribe of Arizona
may proceed.
The USDA Forest Service is
responsible for notifying the Hopi Tribe
of Arizona and the Zuni Tribe of the
Zuni Reservation, New Mexico, that this
notice has been published.
Melanie O’Brien,
Acting Manager, National NAGPRA Program.
[FR Doc. 2014–06270 Filed 3–21–14; 8:45 am]
BILLING CODE 4312–50–P
DEPARTMENT OF THE INTERIOR
WREIER-AVILES on DSK5TPTVN1PROD with NOTICES
Fish and Wildlife Service
[FWS–R3–ES–2014–N037] [30120–
FXHC11220300000–145]
Notice of Availability of Draft Habitat
Conservation Plan; Receipt of
Application for Incidental Take Permit;
Commonwealth Edison
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability.
AGENCY:
VerDate Mar<15>2010
14:29 Mar 21, 2014
Jkt 232001
We, the U.S. Fish and
Wildlife Service (Service), have received
an application from Commonwealth
Edison, for an incidental take permit
(ITPs) under the Endangered Species
Act of 1973 (ESA). If approved, the
permit would authorize incidental take
of the federally endangered Hine’s
emerald dragonfly, Illinois threatened
black-billed cuckoo, and Illinois
endangered Blanding’s turtle and
spotted turtle. The applicant has
prepared a low-effect habitat
conservation plan (HCP) to cover
activities associated with electrical
utility right-of-way maintenance in
Cook, DuPage, and Will Counties,
Illinois. We invite public comments on
the application and draft HCP.
DATES: To ensure consideration, please
send your written comments on or
before April 23, 2014.
ADDRESSES: Send written comments via
one of the following methods: U.S. mail:
Field Supervisor, Attn: Louise
Clemency, U.S. Fish and Wildlife
Service, 1250 S. Grove, Ste. 103,
Barrington, IL 60010; Fax: 847–381–
2285; or Email: louise_clemency@
fws.gov.
FOR FURTHER INFORMATION CONTACT:
Kristopher Lah, 847–381–2253
(telephone); 1–800–877–8339 (TTY).
SUPPLEMENTARY INFORMATION: We have
received an application from
Commonwealth Edison (ComEd), for an
incidental take permit (ITP) (TE28464B)
under the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.; ESA). If
approved, the permit would authorize
incidental take of the Hine’s emerald
dragonfly (Somatochlora hineana),
Illinois threatened black-billed cuckoo
(Coccyzus erythropthalmus), and
Illinois endangered Blanding’s turtle
(Emydoidea blandingii) and spotted
turtle (Clemmys guttata) (listed species).
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 listed species.
SUMMARY:
Background
The planning area includes 403 acres
of right of way (ROW) and easements
within Hine’s emerald dragonfly critical
habitat units 1–7 in Cook, DuPage, and
Will Counties, Illinois. ComEd operates
and maintains approximately 7 miles of
electric transmission lines and
approximately 12 miles of ROW within
the planning area. The permit period is
20 years, with annual updates of
information to assess if the HCP needs
to be updated or amended.
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Fmt 4703
Sfmt 4703
16041
ComEd’s activities within the
planning area include continuing line
maintenance; routine inspections;
performing switching operations;
repairing, replacing, removing and relocating power lines and structures; and
managing vegetation under power lines.
Specifically, all distribution and
transmission structures located in the
planning area will be either (1) relocated
outside of critical habitat or (2) replaced
in kind over the next 20 years as part
of normal operations and planned
replacement. Although all ComEd
structures in the planning area have
been included as part of the covered
activities in this HCP, ComEd does not
anticipate replacing each structure, but
has provided them as a reference for
planning and to determine appropriate
mitigation. No work will occur within
Hine’s emerald dragonfly larval habitat
areas. Existing and proposed paths will
be used to access structures, and
matting will be used in wetland areas to
minimize impacts. Proposed work
includes plans for access to all
structures and facilities within the
planning area. Measures will be
implemented to mitigate take from the
proposed activities.
Planned work that will occur year
round without restrictions includes:
(1) Access and visual line inspections
conducted on foot in wetland and
upland areas.
(2) Access by foot or operational
vehicles along existing trails or paths to
structures or lines in upland areas.
(3) Vegetation management in upland
and wetland areas that can be
completed on foot.
(4) Utilizing brush hogs or similar
equipment in upland areas.
(5) Stockpiling or burning piles of cut
vegetation in uplands. Stockpiles will
be burned as soon as possible after
cutting to avoid potential impacts to
turtles and other species.
(6) Spot applying herbicides on cutstumps within wetlands within 65 feet
(20 meters) of Hine’s emerald dragonfly
larval habitat. The only accepted
herbicide within the 65-foot buffer will
be one formulated for aquatic use. No
surfactants or adjuvants of any kind will
be added to the commercial herbicide
formula that has been approved for
aquatic use. Herbicide will be applied to
cut-stump immediately after cutting and
will be dripped onto the stump with the
head of the nozzle touching the stump.
Herbicides will not be applied within 72
hours of forecasted precipitation events.
(7) Maintenance of existing roads and
access paths in upland areas.
Planned work that will occur outside
the Hine’s emerald dragonfly flight
season (i.e., May 15 through September
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Federal Register / Vol. 79, No. 56 / Monday, March 24, 2014 / Notices
15) each year includes: (1) Boom
spraying herbicide over woody
vegetation in wetland and upland areas
with amphibious vehicles or all-terrain
vehicles outside of Hine’s emerald
larval habitat; (2) Use of a helicopter to
conduct inspections, maintenance,
repairs and structure removal; and (3)
Utilizing an Unmanned Aerial Vehicle
to remotely inspect ComEd structures
and equipment. These units are
typically less than 4 feet across, fly
between 25 and 35 mph, and weigh only
a few pounds.
Planned work that will occur year
round but not within Hine’s emerald
dragonfly larval habitat (65-foot
established buffer) or within the vicinity
of known leafy prairie clover and
Lakeside daisy plants includes: (1)
Foliar spot treatment of invasive woody
species and tall-growing woody
vegetation within wetlands; (2) Mowing
woody vegetation with mower weighing
+/- 14,000 pounds in upland areas; (3)
Access by amphibious vehicles and
boats at wetland locations with water
levels deeper than 12 inches; (4)
Crossing wetlands with amphibious
vehicles (e.g., wide track vehicle) to
reach a structure; (5) Access by
operational vehicles on matting in
wetland areas; (6) Installation and
removal of matting by cranes in wetland
areas; (7) Installation and removal of silt
fence or other temporary sediment
controls; (8) Relocation, removal, or
replacement of structures; (9)
Installation of structures in new
locations; and (10) Ground disturbing
activities.
Planned work located within 65 feet
of Hine’s emerald dragonfly larval
habitat areas or within the vicinity of
known leafy prairie clover and Lakeside
daisy plants that will be limited to
November 1 through March 15 includes:
(1) Mowing woody vegetation with
mower weighing +/- 14,000 pounds; (2)
Access by operational vehicles on
matting in wetland areas; (3) Use of a
bridge that spans the Hine’s emerald
dragonfly larvae occupied rivulet; (4)
Installation and removal of matting by
cranes; (5) Installation and removal of
silt fence or other temporary sediment
controls; (6) Relocation, removal, or
replacement of structures; (7)
Installation of structures in new
locations; and (8) Ground-disturbing
activities.
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
VerDate Mar<15>2010
14:29 Mar 21, 2014
Jkt 232001
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 403 acres of ROW and easement
within the planning area. The draft HCP
analyzes take attributable to the
applicant’s proposed activities. If
issued, the ITP would authorize
potential incidental take of the listed
species 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.
The FWS has determined that the
ComEd HCP qualifies as a low-effect
HCP, as defined by our Habitat
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Fmt 4703
Sfmt 4703
Conservation Planning Handbook
(November 1996). Determination of loweffect HCP is based on the following
three criteria: (1) Implementation of the
proposed HCP would result in minor or
negligible effects on federally listed,
proposed, and candidate species and
their habitats; (2) implementation of the
proposed 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.
We request comments on the ComEd
permit application, including the HCP,
and our preliminary determination that
the HCP qualifies as a low-effect HCP,
eligible for a categorical exclusion under
the National Environmental Policy Act
of 1969, as amended (NEPA). We
explain the basis for this determination
in our Low Effect Screening Form,
which is also available for public
review, upon request. Based upon our
preliminary determinations, we do not
intend to prepare further NEPA
documentation.
Reviewing Documents and Submitting
Comments
Please refer to permit number
TE28464B when submitting comments.
The permit application and supporting
documents (ITP application, HCP) may
be obtained on the Internet at https://
www.fws.gov/midwest/endangered/
permits/hcp/r3hcps.html.
Persons without access to the Internet
may obtain copies of the draft HCP by
contacting the U.S. Fish and Wildlife
Service office given 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
given under ADDRESSES above.
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.
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Federal Register / Vol. 79, No. 56 / Monday, March 24, 2014 / Notices
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 12, 2014.
Lynn Lewis,
Assistant Regional Director, Ecological
Services, Midwest Region.
[FR Doc. 2014–06300 Filed 3–21–14; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R1–ES–2014–N050;
FXES11130100000–145–FF01E00000]
Endangered Wildlife and Plants;
Recovery Permit Applications
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability; request
for comments.
AGENCY:
We, the U.S. Fish and
Wildlife Service, invite the public to
comment on the following applications
for recovery permits to conduct
activities with the purpose of enhancing
the survival of endangered species. The
Endangered Species Act of 1973, as
amended (Act), prohibits certain
activities with endangered species
unless a Federal permit allows such
activity. The Act also requires that we
invite public comment before issuing
such permits.
DATES: To ensure consideration, please
send your written comments by April
23, 2014.
ADDRESSES: Program Manager for
Restoration and Endangered Species
Classification, Ecological Services, U.S.
Fish and Wildlife Service, Pacific
Regional Office, 911 NE 11th Avenue,
Portland, OR 97232–4181. Please refer
to the permit number for the application
when submitting comments.
FOR FURTHER INFORMATION CONTACT:
Colleen Henson, Fish and Wildlife
Biologist, at the above address or by
telephone (503–231–6131) or fax (503–
231–6243).
SUPPLEMENTARY INFORMATION:
WREIER-AVILES on DSK5TPTVN1PROD with NOTICES
SUMMARY:
Background
The Act (16 U.S.C. 1531 et seq.)
prohibits certain activities with respect
to endangered and threatened species
unless a Federal permit allows such
activity. Along with our implementing
regulations in the Code of Federal
VerDate Mar<15>2010
14:29 Mar 21, 2014
Jkt 232001
Regulations (CFR) at 50 CFR 17, the Act
provides for certain permits, and
requires that we invite public comment
before issuing these permits for
endangered species.
A permit granted by us under section
10(a)(1)(A) of the Act authorizes the
permittee to conduct activities
(including take or interstate commerce)
with respect to U.S. endangered or
threatened species for scientific
purposes or enhancement of
propagation or survival. Our regulations
implementing section 10(a)(1)(A) of the
Act for these permits are found at 50
CFR 17.22 for endangered wildlife
species, 50 CFR 17.32 for threatened
wildlife species, 50 CFR 17.62 for
endangered plant species, and 50 CFR
17.72 for threatened plant species.
Applications Available for Review and
Comment
We invite local, State, and Federal
agencies, and the public to comment on
the following applications. Please refer
to the appropriate permit number for the
application when submitting comments.
Documents and other information
submitted with these applications are
available for review by request from the
Program Manager for Restoration and
Endangered Species Classification at the
address listed in the ADDRESSES section
of this notice, subject to the
requirements of the Privacy Act (5
U.S.C. 552a) and the Freedom of
Information Act (5 U.S.C. 552).
Permit Number: TE–08913A
16043
Permit Number: TE–043638
Applicant: Directorate of Public Works,
U.S. Army, Schofield Barracks, Hawaii
The applicant requests an amendment
to an existing recovery permit to take
(collect for captive propagation)
Hawaiian picture-wing flies Drosophila
aglaia, D. hemipeza, D. montgomeryi, D.
obatai, D. substenoptera, and D.
tarphytrichia, and to remove and reduce
to possession Tetramolopium lepidotum
ssp. Lepidotum (no common name) on
Oahu Island, Hawaii, in conjunction
with life-history studies for the purpose
of enhancing their survival.
Public Availability of Comments
All comments and materials we
receive in response to this request will
be available for public inspection, by
appointment, during normal business
hours at the address listed in the
ADDRESSES section of this notice.
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 review, we
cannot guarantee that we will be able to
do so.
Authority
We provide this notice under section
10 of the Act (16 U.S.C. 1531 et seq.).
Applicant: Greg S. Fitzpatrick, Corvallis,
Oregon
The applicant requests an amendment
of a recovery permit to take (pursue,
capture, and establish new populations)
the Fender’s blue butterfly (Icaricia
icarioides fenderi) in conjunction with
surveys and establishment of new
populations throughout its range in
Oregon for the purpose of enhancing the
species’ survival.
Dated: March 13, 2014.
Jason Holm,
Acting Regional Director, Pacific Region, U.S.
Fish and Wildlife Service.
Permit Number: TE–096741
[DR.5B814.IA001213]
Applicant: Naval Facilities Engineering
Command Pacific, Pearl Harbor, Hawaii
The applicant requests an amendment
to an existing recovery permit to take
(collect eggshells, monitor nests and
nest temperature, locate with tapedplayback calls, capture, band, measure,
mark, collect blood and feather samples,
radio-tag, and release) the Micronesian
megapode (Megapodius laperouse
laperouse) in conjunction with
scientific research in the
Commonwealth of the Northern Mariana
Islands for the purpose of enhancing the
species’ survival.
Renewal of Agency Information
Collection for Application for Job
Placement and Training Services
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[FR Doc. 2014–06289 Filed 3–21–14; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Bureau of Indian Affairs,
Interior.
ACTION: Notice of request for comments.
AGENCY:
In compliance with the
Paperwork Reduction Act of 1995, the
Assistant Secretary—Indian Affairs is
seeking comments on the renewal of
Office of Management and Budget
(OMB) approval for the collection of
information for the Application for Job
Placement and Training Services
SUMMARY:
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]]>Agencies
[Federal Register Volume 79, Number 56 (Monday, March 24, 2014)]
[Notices]
[Pages 16041-16043]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-06300]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R3-ES-2014-N037] [30120-FXHC11220300000-145]
Notice of Availability of Draft Habitat Conservation Plan;
Receipt of Application for Incidental Take Permit; Commonwealth Edison
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have
received an application from Commonwealth Edison, for an incidental
take permit (ITPs) under the Endangered Species Act of 1973 (ESA). If
approved, the permit would authorize incidental take of the federally
endangered Hine's emerald dragonfly, Illinois threatened black-billed
cuckoo, and Illinois endangered Blanding's turtle and spotted turtle.
The applicant has prepared a low-effect habitat conservation plan (HCP)
to cover activities associated with electrical utility right-of-way
maintenance in Cook, DuPage, and Will Counties, Illinois. We invite
public comments on the application and draft HCP.
DATES: To ensure consideration, please send your written comments on or
before April 23, 2014.
ADDRESSES: Send written comments via one of the following methods: U.S.
mail: Field Supervisor, Attn: Louise Clemency, U.S. Fish and Wildlife
Service, 1250 S. Grove, Ste. 103, Barrington, IL 60010; Fax: 847-381-
2285; or Email: louise_clemency@fws.gov.
FOR FURTHER INFORMATION CONTACT: Kristopher Lah, 847-381-2253
(telephone); 1-800-877-8339 (TTY).
SUPPLEMENTARY INFORMATION: We have received an application from
Commonwealth Edison (ComEd), for an incidental take permit (ITP)
(TE28464B) under the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.; ESA). If approved, the permit would authorize incidental take of
the Hine's emerald dragonfly (Somatochlora hineana), Illinois
threatened black-billed cuckoo (Coccyzus erythropthalmus), and Illinois
endangered Blanding's turtle (Emydoidea blandingii) and spotted turtle
(Clemmys guttata) (listed species).
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 listed species.
Background
The planning area includes 403 acres of right of way (ROW) and
easements within Hine's emerald dragonfly critical habitat units 1-7 in
Cook, DuPage, and Will Counties, Illinois. ComEd operates and maintains
approximately 7 miles of electric transmission lines and approximately
12 miles of ROW within the planning area. The permit period is 20
years, with annual updates of information to assess if the HCP needs to
be updated or amended.
ComEd's activities within the planning area include continuing line
maintenance; routine inspections; performing switching operations;
repairing, replacing, removing and re-locating power lines and
structures; and managing vegetation under power lines. Specifically,
all distribution and transmission structures located in the planning
area will be either (1) relocated outside of critical habitat or (2)
replaced in kind over the next 20 years as part of normal operations
and planned replacement. Although all ComEd structures in the planning
area have been included as part of the covered activities in this HCP,
ComEd does not anticipate replacing each structure, but has provided
them as a reference for planning and to determine appropriate
mitigation. No work will occur within Hine's emerald dragonfly larval
habitat areas. Existing and proposed paths will be used to access
structures, and matting will be used in wetland areas to minimize
impacts. Proposed work includes plans for access to all structures and
facilities within the planning area. Measures will be implemented to
mitigate take from the proposed activities.
Planned work that will occur year round without restrictions
includes:
(1) Access and visual line inspections conducted on foot in wetland
and upland areas.
(2) Access by foot or operational vehicles along existing trails or
paths to structures or lines in upland areas.
(3) Vegetation management in upland and wetland areas that can be
completed on foot.
(4) Utilizing brush hogs or similar equipment in upland areas.
(5) Stockpiling or burning piles of cut vegetation in uplands.
Stockpiles will be burned as soon as possible after cutting to avoid
potential impacts to turtles and other species.
(6) Spot applying herbicides on cut-stumps within wetlands within
65 feet (20 meters) of Hine's emerald dragonfly larval habitat. The
only accepted herbicide within the 65-foot buffer will be one
formulated for aquatic use. No surfactants or adjuvants of any kind
will be added to the commercial herbicide formula that has been
approved for aquatic use. Herbicide will be applied to cut-stump
immediately after cutting and will be dripped onto the stump with the
head of the nozzle touching the stump. Herbicides will not be applied
within 72 hours of forecasted precipitation events.
(7) Maintenance of existing roads and access paths in upland areas.
Planned work that will occur outside the Hine's emerald dragonfly
flight season (i.e., May 15 through September
[[Page 16042]]
15) each year includes: (1) Boom spraying herbicide over woody
vegetation in wetland and upland areas with amphibious vehicles or all-
terrain vehicles outside of Hine's emerald larval habitat; (2) Use of a
helicopter to conduct inspections, maintenance, repairs and structure
removal; and (3) Utilizing an Unmanned Aerial Vehicle to remotely
inspect ComEd structures and equipment. These units are typically less
than 4 feet across, fly between 25 and 35 mph, and weigh only a few
pounds.
Planned work that will occur year round but not within Hine's
emerald dragonfly larval habitat (65-foot established buffer) or within
the vicinity of known leafy prairie clover and Lakeside daisy plants
includes: (1) Foliar spot treatment of invasive woody species and tall-
growing woody vegetation within wetlands; (2) Mowing woody vegetation
with mower weighing +/- 14,000 pounds in upland areas; (3) Access by
amphibious vehicles and boats at wetland locations with water levels
deeper than 12 inches; (4) Crossing wetlands with amphibious vehicles
(e.g., wide track vehicle) to reach a structure; (5) Access by
operational vehicles on matting in wetland areas; (6) Installation and
removal of matting by cranes in wetland areas; (7) Installation and
removal of silt fence or other temporary sediment controls; (8)
Relocation, removal, or replacement of structures; (9) Installation of
structures in new locations; and (10) Ground disturbing activities.
Planned work located within 65 feet of Hine's emerald dragonfly
larval habitat areas or within the vicinity of known leafy prairie
clover and Lakeside daisy plants that will be limited to November 1
through March 15 includes: (1) Mowing woody vegetation with mower
weighing +/- 14,000 pounds; (2) Access by operational vehicles on
matting in wetland areas; (3) Use of a bridge that spans the Hine's
emerald dragonfly larvae occupied rivulet; (4) Installation and removal
of matting by cranes; (5) Installation and removal of silt fence or
other temporary sediment controls; (6) Relocation, removal, or
replacement of structures; (7) Installation of structures in new
locations; and (8) Ground-disturbing activities.
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 403 acres of ROW and easement within the planning
area. The draft HCP analyzes take attributable to the applicant's
proposed activities. If issued, the ITP would authorize potential
incidental take of the listed species 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.
The FWS has determined that the ComEd HCP qualifies as a low-effect
HCP, as defined by our Habitat Conservation Planning Handbook (November
1996). Determination of low-effect HCP is based on the following three
criteria: (1) Implementation of the proposed HCP would result in minor
or negligible effects on federally listed, proposed, and candidate
species and their habitats; (2) implementation of the proposed 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.
We request comments on the ComEd permit application, including the
HCP, and our preliminary determination that the HCP qualifies as a low-
effect HCP, eligible for a categorical exclusion under the National
Environmental Policy Act of 1969, as amended (NEPA). We explain the
basis for this determination in our Low Effect Screening Form, which is
also available for public review, upon request. Based upon our
preliminary determinations, we do not intend to prepare further NEPA
documentation.
Reviewing Documents and Submitting Comments
Please refer to permit number TE28464B when submitting comments.
The permit application and supporting documents (ITP application, HCP)
may be obtained on the Internet at https://www.fws.gov/midwest/endangered/permits/hcp/r3hcps.html.
Persons without access to the Internet may obtain copies of the
draft HCP by contacting the U.S. Fish and Wildlife Service office given
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 given under ADDRESSES above.
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.
[[Page 16043]]
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 12, 2014.
Lynn Lewis,
Assistant Regional Director, Ecological Services, Midwest Region.
[FR Doc. 2014-06300 Filed 3-21-14; 8:45 am]
BILLING CODE 4310-55-P
