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

10(a)(2)(A) of the ESA (16 U.S.C. 1531 

et seq.) and our regulations governing 

the taking of endangered species in the 

Code of Federal Regulations (CFR) at 50 

CFR 17. Submit your written data, 

comments, or request for a copy of the 

complete application and Habitat 

Conservation Plan (HCP) to either 

address shown in ADDRESSES. 

Background 

In 1986, a single pair of endangered 

Interior least terns (Sterna antillarum) 

nested at Cinergy Corporation’s 

(Cinergy) Gibson Generating Station in 

Gibson County, Indiana. Since that time, 

the least tern colony at the facility has 

grown. During the 1990s, Cinergy 

worked cooperatively with the Indiana 

Department of Natural Resources (IDNR) 

and the Service to maintain favorable 

conditions for successful tern 

production at the Gibson Generating 

Station. Between 1986 and 1999, the 

largest number of terns recorded in a 

single year (1998) included an estimated 

85 adult terns, 63 nests, and 72 fledged 

young. In the late 1990s, Cinergy 

worked cooperatively with the IDNR 

and the Service to develop a Habitat 

Conservation Plan (HCP) regarding 

continued operation of the facility, and, 

in late 1999, the Service issued an 

Incidental Take Permit (ITP) to Cinergy. 

In 2005, the ITP was renewed. 

Management of the facility under the 

HCP has promoted the continued 

growth of the tern colony. In 2010, an 

estimated 150 adults, 110 nests, and 165 

fledged young were recorded. In 

addition to the growth in numbers, the 

tern colony has expanded to areas 

beyond the original location along a 

splitter dike adjacent to a cooling pond. 

Nesting has now been documented on 

the splitter dike, adjacent to ash ponds, 

a coal combustion waste landfill, 

construction areas, and station access 

roads. The expansion of the tern nesting 

area presents management challenges 

for the generating station and associated 

facilities. 

Applicant’s Proposal 

Duke Power Company purchased and 

merged with Cinergy Corp. to form Duke 

Energy Corporation (Duke) in 2006. 

Duke has continued to operate the 

facility in accordance with the HCP and 

the ITP. Duke has applied to the Service 

for renewal of its ITP number TE016724. 

An HCP accompanies this renewal 

application. The HCP describes 

management activities in and around 

the Gibson Generating Station, 

including water management, predator 

control, and minimization of human 

disturbance due to recreational use. 

Proactive management over the past 

25 years has resulted in an increase in 

the Interior least tern population nesting 

at Gibson Generating Station and 

surrounding areas. However, no 

incidental take of least terns has 

occurred during that time. Actions that 

may result in take include human 

disturbance during management and 

operations, including foot traffic, 

vehicle or construction equipment, ash 

placement, waste disposal, and 

harassment due to the presence of 

people and equipment. 

Duke proposes to continue to manage 

its property to protect least terns. In 

addition, Duke has committed to 

monitor the result of its activities and 

the effect on the population of least 

terns at Gibson Generating Station and 

the surrounding state and Federal lands. 

Public Comments 

We seek public review and comments 

on this permit application. Please refer 

to permit number TE016724 when you 

submit comments. The Habitat 

Conservation Plan, Incidental Take 

Permit renewal application, and NEPA 

determination are available for public 

inspection on the Midwest Region 

website at http://www.fws.gov/midwest/ 

endangered/permits/hcp/r3hcps.html. 

In addition, the documents are available 

for public inspection by appointment 

during normal business hours (8 a.m. to 

4:30 p.m.) at the U.S. Fish and Wildlife 

Service, Midwest Regional Office, 5600 

American Blvd., West, 10th Floor, 

Bloomington, Minnesota 55437–1458, 

(612–713–5194) and at the U.S. Fish and 

Wildlife Service, Ecological Services 

Field Office, 620 South Walker Street, 

Bloomington, Indiana 47403 (812–334– 

4261). 

Public Availability of Comments 

Written comments we receive become 

part of the administrative 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 

your entire comment—including your 

personal identifying information—may 

be made publicly available at any time. 

While you can request in your comment 

that we 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 (16 U.S.C. 1531 et seq.) 

and its implementing regulations (50 

CFR 17.22) and NEPA (42 U.S.C. 4321 

et seq.) and its implementing 

regulations (40 CFR 1506.6 and 43 CFR 

46.305). 

Dated: May 29, 2018. 

Sean O. Marsan, 

Acting Assistant Regional Director, Ecological 

Services, Midwest Region. 

[FR Doc. 2018–17664 Filed 8–15–18; 8:45 am] 

BILLING CODE 4333–15–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

[FWS–R8–ES–2018–N025; 

FXES11140800000–189–FF08EVEN00] 

Receipt of Application Incidental Take 

Permit; Draft Low-Effect Habitat 

Conservation Plan for the Morro 

Shoulderband Snail; Phillips SingleFamily Residence, Community of Los 

Osos, San Luis Obispo County, 

California 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of availability; request 

for comments. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), have received 

an application from Richard Phillips for 

an incidental take permit under the 

Endangered Species Act of 1973, as 

amended. The permit would authorize 

take of the federally endangered Morro 

shoulderband snail that would occur 

incidental to otherwise lawful activities 

associated with the construction and 

maintenance of a single-family 

residence and associated uses addressed 

in the draft low-effect habitat 

conservation plan prepared for the 

project. We invite public comment. 

DATES: Written comments should be 

received on or before September 17, 

2018. 

ADDRESSES: To obtain documents: You 

may download a copy of the draft 

habitat conservation plan and draft loweffect screening form and environmental 

action statement at http://www.fws.gov/ 

ventura/, or you may request copies of 

the documents by sending U.S. mail to 

our Ventura office, or by phone (see FOR

FURTHER INFORMATION CONTACT). 

To submit written comments: Please 

send us your written comments using 

one of the following methods: 

• U.S. mail: Send your comments to: 

Stephen P. Henry, Field Supervisor, 

Ventura Fish and Wildlife Office, U.S. 


sradovich on DSK3GMQ082PROD with NOTICES
Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Notices 40783 

Fish and Wildlife Service, 2493 Portola 

Road, Suite B, Ventura, CA 93003. 

• Facsimile: Fax your comments to 

805–644–3958. 

FOR FURTHER INFORMATION CONTACT: Julie 

M. Vanderwier, Fish and Wildlife 

Biologist, 805–677–3400 (phone), or at 

the Ventura address in ADDRESSES. 

SUPPLEMENTARY INFORMATION: We have 

received an application for an incidental 

take permit (ITP) pursuant to section 

10(a)(1)(B) of the Endangered Species 

Act (ESA; 16 U.S.C. 1531 et seq.). The 

application addresses take of the 

federally endangered Morro 

shoulderband snail (Helminthoglypta 

walkeriana) that would occur incidental 

to the construction and maintenance of 

a single-family residence and associated 

uses. The requested permit term is 10 

years and the permit would be subject 

to renewal. Issuance of an ITP pursuant 

to this habitat conservation plan (HCP) 

has been determined to be eligible for a 

categorical exclusion under the National 

Environmental Policy Act (NEPA; 42 

U.S.C. 4321 et seq.). We invite 

comments from the public on the draft 

HCP, draft low-effect screening form, 

and environmental action statement. 

Background 

The Morro shoulderband snail was 

listed as endangered on December 15, 

1994 (59 FR 64613). Section 9 of the 

ESA and its implementing regulations 

prohibit the take of fish or wildlife 

species listed as endangered or 

threatened. Under the ESA, ‘‘take’’ is 

defined to include the following 

activities: ‘‘to harass, harm, pursue, 

hunt, shoot, wound, kill, trap, capture, 

or collect, or to attempt to engage in any 

such conduct’’ (16 U.S.C. 1532). Under 

section 10(a)(1)(B) of the ESA, we may 

issue permits to authorize take of listed 

species if it is incidental to other lawful 

activities and not the purpose of 

carrying out that activity. The Code of 

Federal Regulations provides 

regulations governing incidental take 

permits for endangered and threatened 

species at 50 CFR 17.22 and 17.32, 

respectively. Issuance of an ITP must 

not jeopardize the existence of any 

federally listed fish, wildlife or plant 

species. Under the ESA, protections for 

federally listed plants differ from the 

protections afforded to federally listed 

animals. The permittee would receive 

assurances under our ‘‘No Surprises’’ 

regulations (50 CFR 17.22(b)(5) and 

17.32(b)(5)) for species included in the 

ITP. 

Applicant’s Proposed Activities 

The proposed project involves the 

construction and maintenance of a 

single-family residence and associated 

uses on an existing, legal, one acre 

parcel in the unincorporated 

community of Los Osos, County of San 

Luis Obispo, California. The take would 

occur in association with site 

preparation activities necessary for 

construction. The HCP includes 

minimization measures for the covered 

species and compensation for 

unavoidable take of the species through 

payment of a fee to an Impact-Directed 

Environmental Account held by the 

National Fish and Wildlife Foundation. 

Collected fees from this account will 

fund recovery actions for Morro 

shoulderband snail identified in the 

1998 recovery plan for this species and 

four plant species from western San 

Luis Obispo County. The HCP supports 

an application to the Service seeking 

issuance of an ITP that would authorize 

take of the Morro shoulderband snail. 

The County of San Luis Obispo requires 

demonstration that property owners are 

in compliance with the ESA regarding 

Morro shoulderband snail as part of 

their issuance of County permits that 

would allow land development in Los 

Osos. 

Our Preliminary Determination 

The Service has made a preliminary 

determination that issuance of the ITP is 

neither a major Federal action that will 

significantly affect the quality of the 

human environment within the meaning 

of section 102(2)(C) of NEPA (42 U.S.C. 

4321 et seq.,) nor that it will, 

individually or cumulatively, have more 

than a negligible effect on Morro 

shoulderband snail, the only species 

covered in the HCP. Therefore, the 

permit qualifies for a categorical 

exclusion under NEPA. 

Public Comments 

If you wish to comment on the draft 

HCP and associated documents, you 

may submit comments by one of the 

methods in ADDRESSES. 

Before including your address, phone 

number, email address, or other 

personal identifying information in your 

comment, you should be aware that 

your entire comment, including your 

personal identifying information, may 

be made publicly available at any time. 

While you can ask us in your comment 

to withhold your personal identifying 

information from public view, we 

cannot guarantee that we will be able to 

do so. 

Authority 

We provide this notice under section 

10 of the ESA (16 U.S.C. 1531 et seq.) 

and NEPA regulations (40 CFR 1506.6). 

Dated: August 10, 2018. 

Stephen P. Henry, 

Field Supervisor, Ventura Fish and Wildlife 

Office, Ventura, California. 

[FR Doc. 2018–17663 Filed 8–15–18; 8:45 am] 

BILLING CODE 4333–15–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

[FWS–R1–ES–2018–N076; 

FXES11140100000–189–FF01E00000] 

Habitat Conservation Plan for the Yelm 

Subspecies of the Mazama Pocket 

Gopher, Thurston County, Washington 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of availability; request 

for comments. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), received an 

application from Mr. Todd Tveten for an 

incidental take permit (ITP) pursuant to 

the Endangered Species Act of 1973, as 

amended (ESA). The ITP would 

authorize ‘‘take’’ of the Yelm pocket 

gopher, incidental to otherwise lawful 

activities during construction of a 

single-family home and agricultural 

shop in Thurston County, Washington. 

The application includes a habitat 

conservation plan (HCP) with measures 

to minimize and mitigate the impacts of 

the taking on the covered species. We 

have also prepared a draft 

environmental action statement (EAS) 

for our preliminary determination that 

the HCP and permit decision may be 

eligible for categorical exclusion under 

the National Environmental Policy Act. 

We provide this notice to open a public 

comment period and invite comments 

from all interested parties regarding the 

documents. 

DATES: To ensure consideration, please 

submit written comments by September 

17, 2018. 

ADDRESSES: To request further 

information or submit written 

comments, please use one of the 

following methods: 

• Internet: You may view or 

download copies of the HCP and obtain 

additional information on the internet at 

http://www.fws.gov/wafwo/. 

• Email: wfwocomments@fws.gov. 

Include ‘‘Tveten HCP’’ in the subject 

line of the message. 

• U.S. Mail: Public Comments 

Processing, Attn: FWS–R1–ES–2018– 

N076; U.S. Fish and Wildlife Service; 

Washington Fish and Wildlife Office; 

510 Desmond Drive SE, Suite 102; 

Lacey, WA 98503. 


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