80 FR 34168 - Endangered and Threatened Wildlife and Plants; Availability of Proposed Low-Effect Habitat Conservation Plans, Lake, Brevard, and Volusia County, FL
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service Federal Register Volume 80, Issue 114 (June 15, 2015)
Fish and Wildlife Service
Federal Register Volume 80, Issue 114 (June 15, 2015)
| Page Range | 34168-34169 | |
| FR Document | 2015-14650 |
[Federal Register Volume 80, Number 114 (Monday, June 15, 2015)] [Notices] [Pages 34168-34169] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-14650] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS-R4-ES-2015-N109; FXES11130400000EA-123-FF04EF1000] Endangered and Threatened Wildlife and Plants; Availability of Proposed Low-Effect Habitat Conservation Plans, Lake, Brevard, and Volusia County, FL AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of availability; request for comment/information. ----------------------------------------------------------------------- SUMMARY: We, the Fish and Wildlife Service (Service), have received three applications for incidental take permits (ITPs) under the Endangered Species Act of 1973, as amended (Act). DCS Capital Investments I, LLC requests a 15-year ITP; Preferred Materials, Inc., doing business as Conrad Yelvington Distributers, requests a 3-year ITP; and Wickham Summerbrook, LLC requests a 5-year ITP. We request public comment on the permit applications and accompanying proposed habitat conservation plans (HCPs), as well as on our preliminary determination that the plans qualify as low-effect under the National Environmental Policy Act (NEPA). To make this determination, we used our environmental action statement and low-effect screening form, which are also available for review. DATES: To ensure consideration, please send your written comments by July 15, 2015. ADDRESSES: If you wish to review the applications and HCPs, you may request documents by email, U.S. mail, or phone (see below). These documents are also available for public inspection by appointment during normal business hours at the office below. Send your comments or requests by any one of the following methods. Email: [email protected]. Use ``Attn: Permit number TE52650B-0'' as your message subject line for DCS Capital Investments I, LLC; ``Attn: Permit number TE66050B-0'' for Preferred Materials, Inc.; and ``Attn: Permit number TE66047B-0'' for Wickham Summerbrook, LLC. Fax: Field Supervisor, (904) 731-3191, Attn: Permit number [Insert permit number]. U.S. mail: Field Supervisor, Jacksonville Ecological Services Field Office, Attn: Permit number [Insert permit number], U.S. Fish and Wildlife Service, 7915 Baymeadows Way, Suite 200, Jacksonville, FL 32256. In-person drop-off: You may drop off information during regular business hours at the above office address. FOR FURTHER INFORMATION CONTACT: Erin M. Gawera, telephone: (904) 731- 3121; email: [email protected]. SUPPLEMENTARY INFORMATION: Background Section 9 of the Act (16 U.S.C. 1531 et seq.) and our implementing Federal regulations in the Code of Federal Regulations (CFR) at 50 CFR 17 prohibit the ``take'' of fish or wildlife species listed as endangered or threatened. Take of listed fish or wildlife is defined under the Act as ``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). However, under limited circumstances, we issue permits to authorize incidental take--i.e., take that is incidental to, and not the purpose of, the carrying out of an otherwise lawful activity. Regulations governing incidental take permits for threatened and endangered species are at 50 CFR 17.32 and 17.22, respectively. The Act's take prohibitions do not apply to federally listed plants on private lands unless such take would violate State law. In addition to meeting other criteria, an incidental take permit's proposed actions must not jeopardize the existence of federally listed fish, wildlife, or plants. Applicants' Proposals DCS Capital Investments I, LLC DCS Capital Investments I, LLC is requesting take of approximately .99 ac of occupied sand skink foraging and sheltering habitat incidental to construction of residential developments, and they seek a 15-year permit. The 86.99-ac project is located on parcel #s 05-22-26- 000300000600 and 05-22-26-000400001300 within Section 5, Township 22 South and Range 26 East, Lake County, Florida. The project includes construction of a residential development and the associated infrastructure, and landscaping. The applicant proposes to mitigate for the take of the sand skink by the purchase of 2.0 mitigation credits within the Hatchineha Conservation Bank. Preferred Materials, Inc. (Conrad Yelvington Distributers) Preferred Materials, Inc. (Conrad Yelvington Distributers) is requesting take of approximately .68 ac of occupied Florida scrub-jay foraging and sheltering habitat incidental to construction of an industrial park, and they seek a 3-year permit. The 15-ac project is located on parcel #04-19-30-16-00-000I within Section 4, Township 19 South and Range 30 East, Volusia County, Florida. The project includes construction of an industrial park and the associated infrastructure, and landscaping. The applicant proposes to mitigate for the take of the Florida scrub-jay through the deposit of funds in the amount of $20,844.72 to the Nature Conservancy's Conservation Fund, for the management and conservation of the Florida scrub-jay based on Service Mitigation Guidelines. [[Page 34169]] Wickham Summerbrook, LLC Wickham Summerbrook, LLC is requesting take of approximately 4.64 ac of occupied Florida scrub-jay foraging and sheltering habitat incidental to construction of a commercial development, and they seek a 5-year permit. The 8.98-ac project is located on parcel #26-37-31-00- 00262.0-0000.00 within Section 31, Township 26 South and Range 37 East, Brevard County, Florida. The project includes construction of a commercial development and the associated infrastructure, and landscaping. The applicant proposes to mitigate for the take of the Florida scrub-jay through the preservation of approximately 9.5 acres of high-quality Florida scrub-jay habitat within the Valkaria Site of the Brevard Coastal Scrub Ecosystem. The Applicant will preserve and donate six currently unencumbered parcels (Brevard County tax account numbers 2955405, 2955273, 2955322, 2955313, 2955314, and 2954810) to the Brevard County Environmentally Endangered Lands (EEL) Program so that these parcels can be managed and maintained as suitable Florida scrub-jay habitat in perpetuity. The Applicant will also provide the EEL Program with a $1,200.00/acre (totaling $11,400.00) management endowment to ensure the continued success of monitoring and maintaining these lands as suitable Florida scrub-jay habitat. Our Preliminary Determination We have determined that the applicants' proposals, including the proposed mitigation and minimization measures, would have minor or negligible effects on the species covered in their HCPs. Therefore, we determined that the ITPs for each of the applicants are ``low-effect'' projects and qualify for categorical exclusion under the National Environmental Policy Act (NEPA), as provided by the Department of the Interior Manual (516 DM 2 Appendix 1 and 516 DM 6 Appendix 1). A low- effect HCP is one involving (1) Minor or negligible effects on federally listed or candidate species and their habitats, and (2) minor or negligible effects on other environmental values or resources. Next Steps We will evaluate the HCPs and comments we receive to determine whether the ITP applications meet the requirements of section 10(a) of the Act (16 U.S.C. 1531 et seq.). If we determine that the applications meet these requirements, we will issue ITP #s TE52650B-0, TE66050B-0, and TE66047B-0. We will also evaluate whether issuance of the section 10(a)(1)(B) ITP complies with section 7 of the Act by conducting an intra-Service section 7 consultation. We will use the results of this consultation, in combination with the above findings, in our final analysis to determine whether or not to issue the ITPs. If the requirements are met, we will issue the permits to the applicants. Public Comments If you wish to comment on the permit applications, HCPs, and associated documents, you may submit comments by any one of the methods in ADDRESSES. Public Availability of Comments Before including your address, phone number, email address, or other personal identifying information in your comments, 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 and NEPA regulations (40 CFR 1506.6). Dated: June 5, 2015. Jay B. Herrington, Field Supervisor, Jacksonville Field Office, Southeast Region. [FR Doc. 2015-14650 Filed 6-12-15; 8:45 am] BILLING CODE 4310-55-P
![34168 Federal Register / Vol. 80, No. 114 / Monday, June 15, 2015 / Notices
Butte, Colusa, Glenn, Sacramento, ACTION:Notice of availability; request of listed fish or wildlife is defined under
Sutter, and Yolo Counties. As with for comment/information. the Act as ‘‘to harass, harm, pursue,
Alternatives A and B, the Service could hunt, shoot, wound, kill, trap, capture,
acquire up to 3,321 additional acres of We, the Fish and Wildlife
SUMMARY: or collect, or to attempt to engage in any
Service-owned lands from willing Service (Service), have received three such conduct’’ (16 U.S.C. 1532).
landowners in the North Central Valley applications for incidental take permits However, under limited circumstances,
WMA. (ITPs) under the Endangered Species we issue permits to authorize incidental
Act of 1973, as amended (Act). DCS take—i.e., take that is incidental to, and
Public Meetings Capital Investments I, LLC requests a not the purpose of, the carrying out of
The locations, dates, and times of 15-year ITP; Preferred Materials, Inc., an otherwise lawful activity.
public meetings will be listed in a doing business as Conrad Yelvington
planning update distributed to the Distributers, requests a 3-year ITP; and Regulations governing incidental take
project mailing list and posted on the Wickham Summerbrook, LLC requests a permits for threatened and endangered
refuge planning Web site at http:// 5-year ITP. We request public comment species are at 50 CFR 17.32 and 17.22,
www.fws.gov/refuge/Sacramento/. For on the permit applications and respectively. The Act’s take prohibitions
deadlines and instructions on accompanying proposed habitat do not apply to federally listed plants
requesting reasonable accommodations conservation plans (HCPs), as well as on on private lands unless such take would
at the public meetings, please send your our preliminary determination that the violate State law. In addition to meeting
request to the email address or fax plans qualify as low-effect under the other criteria, an incidental take
number in the ADDRESSES section. National Environmental Policy Act permit’s proposed actions must not
(NEPA). To make this determination, we jeopardize the existence of federally
Review and Comment listed fish, wildlife, or plants.
used our environmental action
Copies of the Draft CCP/EA may be statement and low-effect screening form, Applicants’ Proposals
obtained by contacting to Sandy Osborn which are also available for review.
(see ADDRESSES). Copies of the Draft DCS Capital Investments I, LLC
DATES: To ensure consideration, please
CCP/EA may be viewed at the same send your written comments by July 15, DCS Capital Investments I, LLC is
address and local libraries. The Draft 2015. requesting take of approximately .99 ac
CCP/EA will also be available for
ADDRESSES: If you wish to review the of occupied sand skink foraging and
viewing and downloading online at
applications and HCPs, you may request sheltering habitat incidental to
http://www.fws.gov/refuge/Sacramento/.
Comments on the Draft CCP/EA documents by email, U.S. mail, or construction of residential
should be addressed to Sandy Osborn phone (see below). These documents are developments, and they seek a 15-year
(see ADDRESSES). also available for public inspection by permit. The 86.99-ac project is located
At the end of the review and comment appointment during normal business on parcel #s 05–22–26–000300000600
period for this Draft CCP/EA, comments hours at the office below. Send your and 05–22–26–000400001300 within
will be analyzed by the Service and comments or requests by any one of the Section 5, Township 22 South and
addressed in the Final CCP/EA. Before following methods. Range 26 East, Lake County, Florida.
including your address, phone number, Email: northflorida@fws.gov. Use The project includes construction of a
email address, or other personal ‘‘Attn: Permit number TE52650B–0’’ as residential development and the
identifying information in your your message subject line for DCS associated infrastructure, and
comment, you should be aware that Capital Investments I, LLC; ‘‘Attn: landscaping. The applicant proposes to
your entire comment—including your Permit number TE66050B–0’’ for mitigate for the take of the sand skink
personal identifying information—may Preferred Materials, Inc.; and ‘‘Attn: by the purchase of 2.0 mitigation credits
be made publicly available at any time. Permit number TE66047B–0’’ for within the Hatchineha Conservation
While you can ask us in your comment Wickham Summerbrook, LLC. Bank.
to withhold your personal identifying Fax: Field Supervisor, (904) 731–
Preferred Materials, Inc. (Conrad
information from public review, we 3191, Attn: Permit number [Insert
Yelvington Distributers)
cannot guarantee that we will be able to permit number].
do so. U.S. mail: Field Supervisor, Preferred Materials, Inc. (Conrad
Jacksonville Ecological Services Field Yelvington Distributers) is requesting
Alexandra Pitts, Office, Attn: Permit number [Insert take of approximately .68 ac of occupied
Acting Regional Director, Pacific Southwest permit number], U.S. Fish and Wildlife Florida scrub-jay foraging and sheltering
Region, Sacramento, California. Service, 7915 Baymeadows Way, Suite habitat incidental to construction of an
[FR Doc. 2015–14655 Filed 6–12–15; 8:45 am] 200, Jacksonville, FL 32256. industrial park, and they seek a 3-year
BILLING CODE 4310–55–P In-person drop-off: You may drop off permit. The 15-ac project is located on
information during regular business parcel #04–19–30–16–00–000I within
hours at the above office address. Section 4, Township 19 South and
DEPARTMENT OF THE INTERIOR FOR FURTHER INFORMATION CONTACT: Erin Range 30 East, Volusia County, Florida.
Fish and Wildlife Service M. Gawera, telephone: (904) 731–3121; The project includes construction of an
email: erin_gawera@fws.gov. industrial park and the associated
[FWS–R4–ES–2015–N109; infrastructure, and landscaping. The
asabaliauskas on DSK5VPTVN1PROD with NOTICES
SUPPLEMENTARY INFORMATION:
FXES11130400000EA–123–FF04EF1000] applicant proposes to mitigate for the
Background take of the Florida scrub-jay through the
Endangered and Threatened Wildlife
Section 9 of the Act (16 U.S.C. 1531 deposit of funds in the amount of
and Plants; Availability of Proposed
et seq.) and our implementing Federal $20,844.72 to the Nature Conservancy’s
Low-Effect Habitat Conservation Plans,
regulations in the Code of Federal Conservation Fund, for the management
Lake, Brevard, and Volusia County, FL
Regulations (CFR) at 50 CFR 17 prohibit and conservation of the Florida scrub-
AGENCY: Fish and Wildlife Service, the ‘‘take’’ of fish or wildlife species jay based on Service Mitigation
Interior. listed as endangered or threatened. Take Guidelines.
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![Federal Register / Vol. 80, No. 114 / Monday, June 15, 2015 / Notices 34169
Wickham Summerbrook, LLC whether issuance of the section DATES: The Review Committee will meet
Wickham Summerbrook, LLC is 10(a)(1)(B) ITP complies with section 7 November 18–19, 2015, 8:30 a.m. until
requesting take of approximately 4.64 ac of the Act by conducting an intra- 5:00 p.m. (Central), and if necessary, on
of occupied Florida scrub-jay foraging Service section 7 consultation. We will December 14, 2015, from 2:00 p.m. until
and sheltering habitat incidental to use the results of this consultation, in approximately 4:00 p.m. (Eastern). For
construction of a commercial combination with the above findings, in the November meeting, presentation
development, and they seek a 5-year our final analysis to determine whether requests and accompanying materials
permit. The 8.98-ac project is located on or not to issue the ITPs. If the must be received by October 14, 2015;
parcel #26–37–31–00–00262.0–0000.00 requirements are met, we will issue the requests for culturally unidentifiable
within Section 31, Township 26 South permits to the applicants. (CUI) disposition must be received by
and Range 37 East, Brevard County, September 9, 2015; requests for findings
Public Comments
Florida. The project includes of fact must be received by August 26,
If you wish to comment on the permit 2015; and requests to convene parties
construction of a commercial
applications, HCPs, and associated and facilitate the resolution of a dispute
development and the associated
documents, you may submit comments must be received by July 22, 2015.
infrastructure, and landscaping. The
by any one of the methods in ADDRESSES: The Review Committee will
applicant proposes to mitigate for the
ADDRESSES. meet on November 18–19, 2015, at the
take of the Florida scrub-jay through the
preservation of approximately 9.5 acres Public Availability of Comments Riverwind Hotel and Casino, 1544 State
of high-quality Florida scrub-jay habitat Highway 9, Norman, OK 73072.
Before including your address, phone Electronic submissions of materials or
within the Valkaria Site of the Brevard number, email address, or other
Coastal Scrub Ecosystem. The Applicant requests are to be sent to nagpra_dfo@
personal identifying information in your nps.gov.
will preserve and donate six currently comments, you should be aware that
unencumbered parcels (Brevard County SUPPLEMENTARY INFORMATION: The
your entire comment—including your
tax account numbers 2955405, 2955273, Review Committee was established in
personal identifying information—may
2955322, 2955313, 2955314, and Section 8 of the Native American Graves
be made publicly available at any time.
2954810) to the Brevard County Protection and Repatriation Act of 1990
While you can ask us in your comment
Environmentally Endangered Lands (NAGPRA), 25 U.S.C. 3006.
to withhold your personal identifying
(EEL) Program so that these parcels can information from public review, we November 18–19, 2015
be managed and maintained as suitable cannot guarantee that we will be able to
Florida scrub-jay habitat in perpetuity. The Review Committee will meet on
do so. November 18–19, 2015, at the
The Applicant will also provide the EEL
Program with a $1,200.00/acre (totaling Authority Riverwind Hotel and Casino, Norman,
$11,400.00) management endowment to OK, from 8:30 a.m. to 5:00 p.m.
We provide this notice under Section
ensure the continued success of (Central). This meeting will be open to
10 of the Act and NEPA regulations (40
monitoring and maintaining these lands the public. The agenda for this meeting
CFR 1506.6).
as suitable Florida scrub-jay habitat. will include a report from the National
Dated: June 5, 2015. NAGPRA Program; the discussion and
Our Preliminary Determination Jay B. Herrington, possible finalization of the Review
We have determined that the Field Supervisor, Jacksonville Field Office, Committee Report to Congress for 2015;
applicants’ proposals, including the Southeast Region. subcommittee reports and discussion;
proposed mitigation and minimization [FR Doc. 2015–14650 Filed 6–12–15; 8:45 am] and other topics related to the Review
measures, would have minor or BILLING CODE 4310–55–P Committee’s responsibilities under
negligible effects on the species covered Section 8 of NAGPRA. In addition, the
in their HCPs. Therefore, we determined agenda may include requests to the
that the ITPs for each of the applicants DEPARTMENT OF THE INTERIOR Review Committee for a
are ‘‘low-effect’’ projects and qualify for recommendation to the Secretary of the
categorical exclusion under the National National Park Service Interior that an agreed-upon disposition
Environmental Policy Act (NEPA), as of Native American human remains
provided by the Department of the [NPS–WASO–NAGPRA–18434; determined to be culturally
PPWOCRADN0–PCU00RP15.R50000] unidentifiable proceed; presentations by
Interior Manual (516 DM 2 Appendix 1
and 516 DM 6 Appendix 1). A low-effect Indian tribes, Native Hawaiian
Native American Graves Protection
HCP is one involving (1) Minor or organizations, museums, Federal
and Repatriation Review Committee:
negligible effects on federally listed or agencies, associations, and individuals;
Meeting
candidate species and their habitats, public comment; requests to the Review
and (2) minor or negligible effects on AGENCY: National Park Service, Interior. Committee, pursuant to 25 U.S.C.
other environmental values or ACTION: Meeting notice. 3006(c)(3), for review and findings of
resources. fact related to the identity or cultural
SUMMARY: Notice is hereby given in affiliation of human remains or other
Next Steps accordance with the Federal Advisory cultural items, or the return of such
We will evaluate the HCPs and Committee Act, (5 U.S.C. Appendix 1– items; and facilitation of the resolution
asabaliauskas on DSK5VPTVN1PROD with NOTICES
comments we receive to determine 16), of two meetings of the Native of disputes among parties convened by
whether the ITP applications meet the American Graves Protection and the Review Committee pursuant to 25
requirements of section 10(a) of the Act Repatriation Review Committee (Review U.S.C. 3006(c)(4). Presentation to the
(16 U.S.C. 1531 et seq.). If we determine Committee). The Review Committee Review Committee by telephone may be
that the applications meet these will meet on November 18–19, 2015, in requested but is not guaranteed. The
requirements, we will issue ITP #s Norman, OK, and if necessary, via agenda and materials for this meeting
TE52650B–0, TE66050B–0, and teleconference, on December 14, 2015. will be posted on or before October 28,
TE66047B–0. We will also evaluate All meetings will be open to the public. 2015, at http://www.nps.gov/nagpra.
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Document Created: 2015-12-15 15:13:51
Document Modified: 2015-12-15 15:13:51
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of availability; request for comment/information. | |
| Dates | To ensure consideration, please send your written comments by July 15, 2015. | |
| Contact | Erin M. Gawera, telephone: (904) 731- 3121; email: [email protected] | |
| FR Citation | 80 FR 34168 |
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