Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Notices 44297 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

[FWS–R2–ES–2018–N078; 

FXES11130200000–189–FF02ENEH00] 

Draft Safe Harbor Agreement 

Amendment and Application for an 

Enhancement of Survival Permit for 

the Rio Salado Project, in Tempe, 

Arizona 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of availability; request 

for comment. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), announce 

receiving the City of Tempe’s survival 

enhancement permit application, under 

the Endangered Species Act. The 

requested amended permit would allow 

for the City of Tempe to conduct, to a 

greater degree, adaptive biological 

monitoring and would authorize 

incidental take of the yellow-billed 

cuckoo as a result of operation and 

maintenance activities associated with 

the Rio Salado Project, in the City of 

Tempe (Tempe Reach), Maricopa 

County, AZ. In accordance with 

National Environmental Policy Act 

(NEPA) requirements, we have 

determined that the proposed action 

qualifies under a categorical exclusion. 

We are accepting comments on the draft 

safe harbor agreement amendment (Draft 

SHA Amendment), and draft NEPA 

screening form supporting the use of a 

categorical exclusion. 

DATES: Submission of Comments: We 

will accept comments received or 

postmarked on or before October 1, 

2018. 

ADDRESSES:

Obtaining Documents: You may 

obtain copies of the documents at 

https://www.fws.gov/southwest/es/ 

arizona/. Alternatively, you may obtain 

CD–ROMs with electronic copies of the 

documents by writing to the Acting 

Field Supervisor, U.S. Fish and Wildlife 

Service, 9828 North 31st Avenue, 

Phoenix, AZ 85051–2517; calling (602) 

242–0210; faxing (602) 242–2513, as 

well as by email. A limited number of 

printed copies of the documents are also 

available, by request, from the Acting 

Field Supervisor. Copies of the 

documents are also available for public 

inspection and review, by appointment 

only, at the Service’s Phoenix office 

(above) or at U.S. Fish and Wildlife 

Service, 500 Gold Avenue SW, Room 

6093, Albuquerque, NM 87102. 

Submitting Comments: To submit 

written comments, please use one of the 

following methods, and note that your 

comment is in reference to the Draft 

SHA Amendment and Application for 

an Enhancement of Survival Permit for 

the Rio Salado, Tempe, AZ. 

• U.S. Mail: Brenda Smith, Acting 

Field Supervisor, Phoenix office 

(address above). 

• Fax: (602) 242–2513. 

• Email: FW2_HCP_Permits@fws.gov. 

We request that you submit comments 

only by the methods described above. 

Generally, we will post any personal 

information you provide us (see Public 

Availability of Comments for more 

information). 

FOR FURTHER INFORMATION CONTACT: 

Brenda Smith, Acting Field Supervisor, 

(602) 242–0210 (telephone). 

SUPPLEMENTARY INFORMATION: We, the 

U.S. Fish and Wildlife Service (Service), 

announce receiving the City of Tempe’s 

application to amend an existing 

enhancement of survival permit under 

the Endangered Species Act of 1973, as 

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

The requested amended permit would 

allow for the City of Tempe to conduct, 

to a greater degree, adaptive biological 

monitoring (annual monitoring until 

2020, and then at least every 3 years 

after), and would authorize incidental 

take of the yellow-billed cuckoo as a 

result of operation and maintenance 

activities associated with the Rio Salado 

Project, Tempe Reach (approximately 

from McClintock Drive to Priest Drive, 

excluding Tempe Town Lake within the 

Salt River floodplain). The amended 

permit would expire on May 1, 2058, to 

coincide with the expiration date of the 

original permit (50 years after the 

issuing date of May 1, 2008). We invite 

the public to review and comment on 

the Draft SHA Amendment and draft 

NEPA screening form supporting the 

use of a categorical exclusion in 

accordance with the National 

Environmental Policy Act (NEPA; 42 

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

The applicant plans to conduct 

operation and maintenance activities 

associated with the Rio Salado Project, 

Tempe Reach, including maintenance of 

vegetation, roads, trails, water delivery 

system, flood control capacity, and 

storm water facilities. Initial 

implementation of the Rio Salado 

Project, Tempe Reach, was a cooperative 

project between the Applicant and the 

U.S. Army Corps of Engineers to restore, 

enhance, and maintain 159 acres of 

native riparian and wetland vegetation 

along the lower Salt River in Maricopa 

County, Arizona. 

Background 

Enhancement of survival permits 

issued for safe harbor agreements 

encourage non-Federal landowners, 

including non-Federal operators holding 

easements on private lands, to 

implement conservation measures for 

habitat that is, or is likely to develop 

into, suitable habitat for listed species, 

by assuring landowners/operators that 

they will not be subjected to increased 

property use restrictions if suitable 

habitat develops and the covered 

species is detected in the future. 

Application requirements and 

enhancement of survival permit 

issuance criteria for safe harbor 

agreements are provided under section 

10(c) of the ESA and its implementing 

regulations from the Code of Federal 

Regulations (CFR) at 50 CFR 17.22, and 

the NEPA and its implementing 

regulations at 40 CFR 1506.6. 

Proposed Action 

The proposed action is the Service’s 

issuance of a permit for covered 

activities in the permit area for up to 50 

years, pursuant to section 10(a)(1)(A) of 

the ESA. The permit would cover ‘‘take’’ 

of the yellow-billed cuckoo associated 

with covered activities occurring within 

the permit area. 

The Draft SHA Amendment commits 

the City of Tempe to implement 

conservation measures to improve 

habitat for the covered species on Rio 

Salado lands uses while allowing for 

covered activities within the project 

area to continue. 

To meet section 10(a)(1)(A) permit 

requirements, the applicant developed 

and proposes to implement the SHA 

and SHA Amendment, which describe 

the actions the City of Tempe has agreed 

to undertake to improve habitat within 

the Rio Salado Project, Tempe Reach, 

area. 

Expected benefits include, but may 

not be limited to: Improvement of 

riparian habitat which can be used by 

both covered species and other native 

fauna, limiting the amount of new 

disturbance to riparian habitat, and 

improving environmental exposure to 

the public. 

We will evaluate the permit 

application, associated documents, and 

comments we receive to determine 

whether the permit application meets 

the requirements of the ESA, NEPA, and 

implementing regulations. If we 

determine that all requirements are met, 

we will approve the SHA Amendment. 

We will fully consider all comments we 

receive during the public comment 

period, and we will not make our final 

decision until after the comment period 

ends. 


amozie on DSK3GDR082PROD with NOTICES1
44298 Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Notices 

Public Availability of Comments 

All comments we receive become part 

of the public record associated with this 

action. Requests for copies of comments 

will be handled in accordance with the 

Freedom of Information Act, NEPA, and 

Service and Department of the Interior 

policies and procedures. Before 

including your address, phone number, 

email address, or other personal 

identifying information in your 

comment, you should be aware that 

your entire comment—including your 

personal identifying information—may 

be made publicly available at any time. 

While you can ask us to withhold your 

personal identifying information from 

public review, we cannot guarantee that 

we will be able to do so. All 

submissions from organizations or 

businesses, and from individuals 

identifying themselves as 

representatives or officials of 

organizations or businesses, will be 

made available for public disclosure in 

their entirety. 

Authority 

We provide this notice under section 

10(c) of the ESA and ESA implementing 

regulations (50 CFR 17.22 and 17.32) 

and NEPA (42 U.S.C. 4371 et seq.) and 

it’s implementing regulations (40 CFR 

1506.6). 

Dated: August 20, 2018. 

James Broska, 

Acting Deputy Regional Director, Southwest 

Region, Albuquerque, New Mexico. 

[FR Doc. 2018–18809 Filed 8–29–18; 8:45 am] 

BILLING CODE 4333–15–P 

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: 


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