[Federal Register Volume 79, Number 56 (Monday, March 24, 2014)]
[Notices]
[Pages 16041-16043]
From the Federal Register Online via the Government Publishing 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: [email protected].

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 http://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