80 FR 78247 - Endangered and Threatened Wildlife and Plants; Availability of Proposed Low-Effect Habitat Conservation Plans, Brevard and Putnam Counties, FL

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 80, Issue 241 (December 16, 2015)

Page Range		78247-78248
FR Document		2015-31590

We, the Fish and Wildlife Service (Service), have received two applications for incidental take permits (ITPs) under the Endangered Species Act of 1973, as amended (Act). Jellyfish Realty, LLC requests a 5-year ITP; and Vulcan Materials Company requests a 20-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.

Federal Register, Volume 80 Issue 241 (Wednesday, December 16, 2015)

[Federal Register Volume 80, Number 241 (Wednesday, December 16, 2015)]
[Notices]
[Pages 78247-78248]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-31590]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R4-ES-2015-N226; FXES11130400000EA-123-FF04EF1000]


Endangered and Threatened Wildlife and Plants; Availability of 
Proposed Low-Effect Habitat Conservation Plans, Brevard and Putnam 
Counties, 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 two 
applications for incidental take permits (ITPs) under the Endangered 
Species Act of 1973, as amended (Act). Jellyfish Realty, LLC requests a 
5-year ITP; and Vulcan Materials Company requests a 20-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 
January 15, 2016.

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: northflorida@fws.gov. Use ``Attn: Permit number TE82957B-0'' 
as your message subject line for Jellyfish Realty, LLC; and ``Attn: 
Permit number TE82956B-0'' for Vulcan Materials Company.
    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: erin_gawera@fws.gov.

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

Jellyfish Realty, LLC

    Jellyfish Realty, LLC is requesting take of approximately .53 acre 
of occupied Florida scrub-jay foraging and sheltering habitat 
incidental to construction of a veterinary clinic, and they seek a 5-
year permit. The .54-acre project is located on parcel number 27-37-06-
25-

[[Page 78248]]

00104.0-0015.00 within Section 06, Township 27 South, 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 1.49 acres 
of high-quality Florida scrub-jay habitat within the Grissom Parkway 
Site of the Brevard Coastal Scrub Ecosystem. The applicant also will 
preserve and donate one currently unencumbered parcel (Brevard County 
tax parcel number 24-35-01-25-00001.0-0016.00) to the Brevard County 
Environmentally Endangered Lands (EEL) Program so that this parcel 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/acre (totaling $ 1,788) management endowment to ensure the 
continued success of monitoring and maintaining these lands as suitable 
Florida scrub-jay habitat.

Vulcan Materials Company

    Vulcan Materials Company proposes incremental mining of sand 
reserves throughout the 1,183.62-acre permitted mining limits of the 
approximately 6,815.79-acre project area over the life of the mine, and 
seeks a 20-year permit for take of occupied sand skink, eastern indigo 
snake, and gopher tortoise, foraging and sheltering habitat. The 
6,815.79-acre project is located on Sections 12-13, Township 9 south, 
Range 23 east, Sections 7, 17-21, 28-33, Township 9 south, Range 24 
east, and Sections 5-6, Township 10 south, Range 24 east, Putnam 
County, Florida. The extent of direct impacts in future phases is 
currently undetermined; however, based on the current USFWS guidelines, 
approximately 343.73 acres of the site appear to be suitable for the 
sand skink, the eastern indigo snake, and the gopher tortoise. 
Currently there will be take of 0.26 acre of occupied sand skink 
foraging and sheltering habitat on Phase IA which will be mitigated by 
the purchase of .52 mitigation credits within the Tiger Creek 
Conservation Bank. In advance of the progression of the mining 
operations into future phases, quantitative surveys will be conducted 
for the skinks, eastern indigo snakes, and gopher tortoises to 
determine the occupancy and extent of occupancy within suitable areas. 
The completion of these surveys will be subject to the Service's 
approved survey guidelines at the time the surveys are conducted. The 
applicant proposes to mitigate for impacts to occupied skink and 
eastern indigo snake habitat within future phases at a ratio of 2:1 by 
purchasing 2 mitigation bank credits at the Tiger Creek Conservation 
Bank per every 1 acre of impact. The applicant proposes to mitigate for 
impacts to occupied gopher tortoise habitat within Phase IA, as well as 
in future phases, by relocating gopher tortoises and any recovered eggs 
to a recipient site approved by the Florida Fish and Wildlife 
Conservation Commission.

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 numbers TE82957B-0, and 
TE82956B-0. We will also evaluate whether issuance of the section 
10(a)(1)(B) ITPs 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: December 10, 2015.
Jay B. Herrington,
Field Supervisor, Jacksonville Field Office, Southeast Region.
[FR Doc. 2015-31590 Filed 12-15-15; 8:45 am]
BILLING CODE 4333-15-P

Federal Register / Vol. 80, No. 241 / Wednesday, December 16, 2015 / Notices 78247

Applicant’s Proposed Project Next Steps documents by email, U.S. mail, or
The Service will evaluate the HCP phone (see below). These documents are
We received an application from the also available for public inspection by
applicant for an incidental take permit, and comments submitted thereon to
determine whether the application appointment during normal business
along with a proposed habitat hours at the office below. Send your
meets the requirements of section 10(a)
conservation plan. The applicant comments or requests by any one of the
of the Act. The Service will also
requests an ITP under section following methods.
evaluate whether issuance of the section
10(a)(1)(B) of the Act (16 U.S.C. 1531 et Email: northflorida@fws.gov. Use
10(a)(1)(B) ITP complies with section 7
seq.). If we approve the application, the ‘‘Attn: Permit number TE82957B–0’’ as
of the Act by conducting an intra-
applicant anticipates taking a total of Service section 7 consultation. The your message subject line for Jellyfish
approximately 0.87 acres of skink results of this consultation, in Realty, LLC; and ‘‘Attn: Permit number
breeding, feeding, and sheltering combination with the above findings, TE82956B–0’’ for Vulcan Materials
habitat, incidental to land preparation will be used in the final analysis to Company.
and construction in Section 17, determine whether or not to issue the Fax: Field Supervisor, (904) 731–
Township 37 South, Range 30 East, ITP. If it is determined that the 3191, Attn: Permit number [Insert
Highlands County, Florida. The requirements of the Act are met, the ITP permit number].
applicant plans to begin construction as U.S. mail: Field Supervisor,
will be issued.
soon as the ITP is approved. Jacksonville Ecological Services Field
Authority: We provide this notice under Office, Attn: Permit number [Insert
Development of this parcel will include
Section 10 of the Endangered Species Act (16 permit number], U.S. Fish and Wildlife
construction of one structure, parking U.S.C. 1531 et seq.) and NEPA regulations
areas, stormwater retention areas, and Service, 7915 Baymeadows Way, Suite
(40 CFR 1506.6).
installation of associated utilities. 200, Jacksonville, FL 32256.
Dated: December 7, 2015. In-person drop-off: You may drop off
The applicant proposes to minimize Roxanna Hinzman, information during regular business
impacts to skinks by preserving a total Field Supervisor, South Florida Ecological hours at the above office address.
of 1.80 acres of skink-occupied habitat Services Office. FOR FURTHER INFORMATION CONTACT: Erin
at a Service-approved conservation [FR Doc. 2015–31595 Filed 12–15–15; 8:45 am] M. Gawera, telephone: (904) 731–3121;
bank. The Service listed the skinks as BILLING CODE 4333–15–P email: erin_gawera@fws.gov.
threatened in 1987 (November 6, 1987;
SUPPLEMENTARY INFORMATION:
52 FR 20715), effective December 7,
1987. DEPARTMENT OF THE INTERIOR Background
Our Preliminary Determination Section 9 of the Act (16 U.S.C. 1531
Fish and Wildlife Service et seq.) and our implementing Federal
The Service has made a preliminary [FWS–R4–ES–2015–N226; regulations in the Code of Federal
determination that the applicant’s FXES11130400000EA–123–FF04EF1000] Regulations (CFR) at 50 CFR 17 prohibit
project, including the mitigation the ‘‘take’’ of fish or wildlife species
measures, will individually and Endangered and Threatened Wildlife listed as endangered or threatened. Take
cumulatively have a minor or negligible and Plants; Availability of Proposed of listed fish or wildlife is defined under
effect on the species covered in the Low-Effect Habitat Conservation Plans, the Act as ‘‘to harass, harm, pursue,
HCP. Therefore, issuance of the ITP is Brevard and Putnam Counties, FL hunt, shoot, wound, kill, trap, capture,
a ‘‘low-effect’’ action and qualifies as a AGENCY: Fish and Wildlife Service, or collect, or to attempt to engage in any
categorical exclusion under the National Interior. such conduct’’ (16 U.S.C. 1532).
Environmental Policy Act (NEPA) (40 ACTION: Notice of availability; request
However, under limited circumstances,
CFR 1506.6), as provided by the for comment/information. we issue permits to authorize incidental
Department of the Interior Manual (516 take—i.e., take that is incidental to, and
DM 2 Appendix 1 and 516 DM 6 SUMMARY: We, the Fish and Wildlife not the purpose of, the carrying out of
Appendix 1). We base our preliminary Service (Service), have received two an otherwise lawful activity.
determination that issuance of the ITP applications for incidental take permits Regulations governing incidental take
qualifies as a low-effect action on the (ITPs) under the Endangered Species permits for threatened and endangered
following three criteria: (1) Act of 1973, as amended (Act). Jellyfish species are at 50 CFR 17.32 and 17.22,
Implementation of the project would Realty, LLC requests a 5-year ITP; and respectively. The Act’s take prohibitions
result in minor or negligible effects on Vulcan Materials Company requests a do not apply to federally listed plants
federally listed, proposed, and 20-year ITP. We request public on private lands unless such take would
candidate species and their habitats; (2) comment on the permit applications violate State law. In addition to meeting
Implementation of the project would and accompanying proposed habitat other criteria, an incidental take
result in minor or negligible effects on conservation plans (HCPs), as well as on permit’s proposed actions must not
other environmental values or our preliminary determination that the jeopardize the existence of federally
resources; and (3) Impacts of the project, plans qualify as low-effect under the listed fish, wildlife, or plants.
considered together with the impacts of National Environmental Policy Act Applicants’ Proposals
other past, present, and reasonably (NEPA). To make this determination, we
foreseeable similarly situated projects, used our environmental action Jellyfish Realty, LLC
would not result, over time, in statement and low-effect screening form,
tkelley on DSK9F6TC42PROD with NOTICES

Jellyfish Realty, LLC is requesting take
cumulative effects to environmental which are also available for review. of approximately .53 acre of occupied
values or resources that would be DATES: To ensure consideration, please Florida scrub-jay foraging and sheltering
considered significant. This preliminary send your written comments by January habitat incidental to construction of a
determination may be revised based on 15, 2016. veterinary clinic, and they seek a 5-year
our review of public comments that we ADDRESSES: If you wish to review the permit. The .54-acre project is located
receive in response to this notice. applications and HCPs, you may request on parcel number 27–37–06–25–

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78248 Federal Register / Vol. 80, No. 241 / Wednesday, December 16, 2015 / Notices

00104.0–0015.00 within Section 06, future phases at a ratio of 2:1 by to withhold your personal identifying
Township 27 South, Range 37 East, purchasing 2 mitigation bank credits at information from public review, we
Brevard County, Florida. The project the Tiger Creek Conservation Bank per cannot guarantee that we will be able to
includes construction of a commercial every 1 acre of impact. The applicant do so.
development and the associated proposes to mitigate for impacts to
Authority
infrastructure, and landscaping. The occupied gopher tortoise habitat within
applicant proposes to mitigate for the Phase IA, as well as in future phases, by We provide this notice under Section
take of the Florida scrub-jay through the relocating gopher tortoises and any 10 of the Act and NEPA regulations (40
preservation of approximately 1.49 acres recovered eggs to a recipient site CFR 1506.6).
of high-quality Florida scrub-jay habitat approved by the Florida Fish and Dated: December 10, 2015.
within the Grissom Parkway Site of the Wildlife Conservation Commission. Jay B. Herrington,
Brevard Coastal Scrub Ecosystem. The Field Supervisor, Jacksonville Field Office,
applicant also will preserve and donate Our Preliminary Determination
Southeast Region.
one currently unencumbered parcel We have determined that the
[FR Doc. 2015–31590 Filed 12–15–15; 8:45 am]
(Brevard County tax parcel number 24– applicants’ proposals, including the
BILLING CODE 4333–15–P
35–01–25–00001.0–0016.00) to the proposed mitigation and minimization
Brevard County Environmentally measures, would have minor or
Endangered Lands (EEL) Program so negligible effects on the species covered
DEPARTMENT OF THE INTERIOR
that this parcel can be managed and in their HCPs. Therefore, we determined
maintained as suitable Florida scrub-jay that the ITPs for each of the applicants Bureau of Land Management
habitat in perpetuity. The applicant will are ‘‘low-effect’’ projects and qualify for
also provide the EEL Program with a categorical exclusion under the National [LLWY922000–L13200000–EL0000]
$1,200/acre (totaling $ 1,788) Environmental Policy Act (NEPA), as
Notice of Public Meeting; Powder River
management endowment to ensure the provided by the Department of the
Regional Coal Team Activities
continued success of monitoring and Interior Manual (516 DM 2 Appendix 1
maintaining these lands as suitable and 516 DM 6 Appendix 1). A low-effect AGENCY: Bureau of Land Management,
Florida scrub-jay habitat. HCP is one involving (1) Minor or Interior.
Vulcan Materials Company negligible effects on federally listed or ACTION: Notice of public meeting.
candidate species and their habitats,
Vulcan Materials Company proposes and (2) minor or negligible effects on SUMMARY: The Powder River Basin
incremental mining of sand reserves other environmental values or Regional Coal Team will meet as
throughout the 1,183.62-acre permitted resources. indicated below to review coal
mining limits of the approximately management activities in the Powder
6,815.79-acre project area over the life of Next Steps River Coal Production Region (PRCPR).
the mine, and seeks a 20-year permit for We will evaluate the HCPs and DATES: The meeting begins at 9 a.m.,
take of occupied sand skink, eastern comments we receive to determine Wednesday, January 27, 2016.
indigo snake, and gopher tortoise, whether the ITP applications meet the ADDRESSES: The meeting will be held at
foraging and sheltering habitat. The requirements of section 10(a) of the Act the Wyoming Oil and Gas Conservation
6,815.79-acre project is located on (16 U.S.C. 1531 et seq.). If we determine Commission Hearing Room, 2211 King
Sections 12–13, Township 9 south, that the applications meet these Boulevard, Casper, Wyoming.
Range 23 east, Sections 7, 17–21, 28–33, requirements, we will issue ITP
Township 9 south, Range 24 east, and FOR FURTHER INFORMATION CONTACT:
numbers TE82957B–0, and TE82956B–
Sections 5–6, Township 10 south, Range Wendi Stephens, Coal Coordinator,
0. We will also evaluate whether
24 east, Putnam County, Florida. The BLM Wyoming State Office, Division of
issuance of the section 10(a)(1)(B) ITPs
extent of direct impacts in future phases Minerals and Lands, 5353 Yellowstone
complies with section 7 of the Act by
is currently undetermined; however, Road, Cheyenne, Wyoming 82009,
conducting an intra-Service section 7
based on the current USFWS guidelines, telephone 307–775–6206; or Greg Fesko,
consultation. We will use the results of
approximately 343.73 acres of the site Coal Coordinator, BLM Montana State
this consultation, in combination with
appear to be suitable for the sand skink, Office, Division of Resources, 5001
the above findings, in our final analysis
the eastern indigo snake, and the gopher Southgate Drive, Billings, Montana
to determine whether or not to issue the
tortoise. Currently there will be take of 59101, telephone 406–896–5080.
ITPs. If the requirements are met, we
0.26 acre of occupied sand skink Persons who use a telecommunications
will issue the permits to the applicants.
foraging and sheltering habitat on Phase device for the deaf may call the Federal
IA which will be mitigated by the Public Comments Information Relay Service (FIRS) at 1–
purchase of .52 mitigation credits If you wish to comment on the permit 800–877–8339 to contact the above
within the Tiger Creek Conservation applications, HCPs, and associated individual during normal business
Bank. In advance of the progression of documents, you may submit comments hours. The FIRS is available 24 hours a
the mining operations into future by any one of the methods in day, 7 days a week, to leave a message
phases, quantitative surveys will be ADDRESSES. or question with the above individual.
conducted for the skinks, eastern indigo You will receive a reply during normal
snakes, and gopher tortoises to Public Availability of Comments business hours.
determine the occupancy and extent of Before including your address, phone SUPPLEMENTARY INFORMATION: The
tkelley on DSK9F6TC42PROD with NOTICES

occupancy within suitable areas. The number, email address, or other purpose of the meeting is to discuss
completion of these surveys will be personal identifying information in your progress in processing pending coal
subject to the Service’s approved survey comments, you should be aware that lease by applications (LBAs), to vote on
guidelines at the time the surveys are your entire comment—including your processing the West Antelope III Tract
conducted. The applicant proposes to personal identifying information—may LBA in the PRCPR and the Decker South
mitigate for impacts to occupied skink be made publicly available at any time. Extension Tract LBA in the PRCPR, and
and eastern indigo snake habitat within While you can ask us in your comment to discuss other Federal coal-related

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Document Created: 2015-12-16 01:01:24
Document Modified: 2015-12-16 01:01:24

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 January 15, 2016.
Contact		Erin M. Gawera, telephone: (904) 731- 3121; email: [email protected]
FR Citation		80 FR 78247

80 FR 78247 - Endangered and Threatened Wildlife and Plants; Availability of Proposed Low-Effect Habitat Conservation Plans, Brevard and Putnam Counties, FL

DEPARTMENT OF THE INTERIORFish and Wildlife Service

Federal Register Volume 80, Issue 241 (December 16, 2015)

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service