81_FR_44450 81 FR 44320 - John H. Chafee Coastal Barrier Resources System; Bay and Gulf Counties, FL; Middlesex and Monmouth Counties, NJ; Availability of Draft Maps and Request for Comments

81 FR 44320 - John H. Chafee Coastal Barrier Resources System; Bay and Gulf Counties, FL; Middlesex and Monmouth Counties, NJ; Availability of Draft Maps and Request for Comments

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 81, Issue 130 (July 7, 2016)

Page Range44320-44322
FR Document2016-16100

We, the U.S. Fish and Wildlife Service (Service), announce the availability of six John H. Chafee Coastal Barrier Resources System (CBRS) draft revised maps for public review and comment. The draft maps, all dated May 16, 2016, are for four existing CBRS units located in Bay and Gulf Counties, Florida, and for three existing units and three proposed new units located in Middlesex and Monmouth Counties, New Jersey.

Federal Register, Volume 81 Issue 130 (Thursday, July 7, 2016)
[Federal Register Volume 81, Number 130 (Thursday, July 7, 2016)]
[Notices]
[Pages 44320-44322]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-16100]



[[Page 44320]]

-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-HQ-ES-2016-0069; FF09E15000-FXHC112509CBRA1-167]


John H. Chafee Coastal Barrier Resources System; Bay and Gulf 
Counties, FL; Middlesex and Monmouth Counties, NJ; Availability of 
Draft Maps and Request for Comments

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comments.

-----------------------------------------------------------------------

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the 
availability of six John H. Chafee Coastal Barrier Resources System 
(CBRS) draft revised maps for public review and comment. The draft 
maps, all dated May 16, 2016, are for four existing CBRS units located 
in Bay and Gulf Counties, Florida, and for three existing units and 
three proposed new units located in Middlesex and Monmouth Counties, 
New Jersey.

DATES: To ensure consideration, we must receive your written comments 
by August 22, 2016.

ADDRESSES: You may submit written comments by one of the following 
methods:
     Electronically: Go to the Federal e-Rulemaking Portal: 
http://www.regulations.gov. In the Search box, enter FWS-HQ-ES-2016-
0069, which is the docket number for this notice. Then, on the left 
side of the screen, under the Document Type heading, click on the 
Notices link to locate this document and submit a comment.
     By hard copy: Submit by U.S. mail or hand-delivery to: 
Public Comments Processing, Attn: Docket No. FWS-HQ-ES-2016-0069; 
Division of Policy, Performance, and Management Programs; U.S. Fish and 
Wildlife Service; 5275 Leesburg Pike, MS: BPHC; Falls Church, VA 22041-
3808.
    We request that you send comments by only the methods described 
above. We will post all information received on http://www.regulations.gov. If you provide personal identifying information in 
your comment, you may request at the top of your document that we 
withhold this information from public review. However, we cannot 
guarantee that we will be able to do so.

FOR FURTHER INFORMATION CONTACT: Katie Niemi, Coastal Barriers 
Coordinator, (703) 358-2071 (telephone); or [email protected] (email).

SUPPLEMENTARY INFORMATION: 

Background

    Coastal barriers are typically elongated, narrow landforms located 
at the interface of land and sea, and are inherently dynamic 
ecosystems. Coastal barriers provide important habitat for fish and 
wildlife, and serve as the mainland's first line of defense against the 
impacts of severe storms. With the passage of the Coastal Barrier 
Resources Act (CBRA) in 1982 (Pub. L. 97-348), Congress recognized that 
certain actions and programs of the Federal Government have 
historically subsidized and encouraged development on coastal barriers, 
where severe storms are much more likely to occur, and the result has 
been the loss of natural resources; threats to human life, health, and 
property; and the expenditure of millions of tax dollars each year.
    The CBRA established the CBRS, which comprised 186 geographic units 
encompassing approximately 453,000 acres of undeveloped lands and 
associated aquatic habitat along the Atlantic and Gulf of Mexico 
coasts. The CBRS was expanded by the Coastal Barrier Improvement Act of 
1990 (Pub. L. 101-591) to include additional areas along the Atlantic 
and Gulf of Mexico coasts, as well as areas along the coasts of the 
Great Lakes, the U.S. Virgin Islands, and Puerto Rico. The CBRS now 
comprises a total of 859 geographic units, encompassing approximately 
3.3 million acres of relatively undeveloped coastal barrier lands and 
associated aquatic habitat. These areas are depicted on a series of 
maps entitled ``John H. Chafee Coastal Barrier Resources System.''
    Most new Federal expenditures and financial assistance that would 
have the effect of encouraging development are prohibited within the 
CBRS. However, development can still occur within the CBRS, provided 
that private developers or other non-Federal parties bear the full 
cost, rather than the American taxpayers.
    The CBRS includes two types of units, System Units and Otherwise 
Protected Areas (OPAs). System Units generally comprise private lands 
that were relatively undeveloped at the time of their designation 
within the CBRS. Most new Federal expenditures and financial 
assistance, including Federal flood insurance, are prohibited within 
System Units. OPAs generally comprise lands established under Federal, 
State, or local law or held by a qualified organization primarily for 
wildlife refuge, sanctuary, recreational, or natural resource 
conservation purposes. OPAs are denoted with a ``P'' at the end of the 
unit number. The only Federal spending prohibition within OPAs is the 
prohibition on Federal flood insurance.
    The Secretary of the Interior (Secretary), through the Service, is 
responsible for administering the CBRA, which includes maintaining the 
official maps of the CBRS, consulting with Federal agencies that 
propose to spend funds within the CBRS, preparing updated maps of the 
CBRS, and making recommendations to Congress regarding changes to the 
CBRS. Aside from three minor exceptions, only Congress--through new 
legislation--can modify the maps of the CBRS to add or remove land. 
These exceptions, which allow the Secretary to make limited 
modifications to the CBRS (16 U.S.C. 3503(c)-(e)), are for: (1) Changes 
that have occurred to the CBRS as a result of natural forces, (2) 
voluntary additions to the CBRS by property owners, and (3) additions 
of excess Federal property to the CBRS.
    The Service receives numerous requests from property owners and 
other interested parties who seek to remove areas from the CBRS. When 
assessing whether a proposed change to remove an area from the CBRS 
constitutes an appropriate technical correction, we consider whether 
the original intent of the boundaries is reflected on the maps (i.e., 
whether the lines on the maps appropriately follow the features they 
were intended to follow on the ground). We also consider the level of 
development that was on the ground when the area was originally 
included in the CBRS by Congress.
    The Service generally does not recommend removals from the CBRS, 
unless there is clear and compelling evidence that a mapping error was 
made. In cases where mapping errors are found, the Service supports 
changes to the maps and works with Congress and other interested 
parties to create comprehensively revised maps using modern digital 
technology.

Mapping Protocol for the Protection of Existing Critical Facilities

    Through this notice, we are developing a new CBRS mapping protocol 
for critical facilities located within and immediately adjacent to the 
CBRS. Under certain limited circumstances, the Service may consider 
mapping a CBRS area to allow for the protection of existing critical 
facilities (e.g., sewage treatment facilities, nuclear facilities, and 
hospitals) that primarily serve areas located outside of the CBRS. In 
such cases, the following criteria must be met: (1) The protection of 
the facility must be consistent with the three purposes of the CBRA: To

[[Page 44321]]

minimize the loss of human life, wasteful expenditure of Federal 
revenues, and damage to the fish, wildlife, and other natural resources 
associated with coastal barriers; (2) the protection of the facility 
should not encourage new development within the CBRS (e.g., a levee 
protecting a facility should not also unnecessarily protect an 
undeveloped area within the CBRS or an area within the CBRS that 
developed after the unit was established); and (3) and there must be no 
reasonable alternative to protect the facility (e.g., nonstructural 
floodproofing, buyouts to allow for construction of levees and flood 
walls outside of the CBRS, alternative project design that does not 
infringe upon the CBRS, etc.). For the purpose of this protocol, the 
Service defines ``existing'' as being on-the-ground as of the date the 
area was added to the CBRS, and ``critical facility'' as a structure or 
other improvement that, because of its function, would likely cause 
catastrophic human health and safety impacts if it is destroyed or 
damaged or if its functionality is impaired. For the purposes of this 
protocol, a critical facility does not include other infrastructure 
(e.g., roads, bridges, electric lines, etc.) that is commonly included 
within the CBRS.
    The Service has developed this new protocol for critical facilities 
to allow for the protection of the Bayshore Regional Sewerage Authority 
(BRSA) Wastewater Treatment Facility in Monmouth County, New Jersey 
(see Proposed Map Modifications section below). In cases where the 
Service recommends the removal of an area from the CBRS in accordance 
with this protocol, the change will become effective only if the 
updated map is adopted through legislation enacted by Congress.

Proposed Map Modifications

    The Service has prepared six comprehensively revised draft maps 
dated May 16, 2016, that propose modifications to the CBRS in Florida 
and New Jersey. Below is a summary of the changes depicted on the draft 
maps.

Bay County, Florida

    The Service has prepared three draft maps for St. Andrew Complex 
P31/P31P located in Bay County, Florida. The draft maps for Units P31 
and P31P remove approximately 125 acres from the CBRS (98 acres of 
fastland and 27 acres of associated aquatic habitat) and add 
approximately 1,582 acres to the CBRS (131 acres of fastland and 1,451 
acres of associated aquatic habitat). The draft maps remove areas (some 
of which were inappropriately included within the CBRS in the past) and 
add areas that meet the CBRA criteria for inclusion within the CBRS (16 
U.S.C. 3503(g)(1)). The draft maps also reclassify certain areas from 
System Unit to OPA, and vice versa.

Gulf County, Florida

    The Service has prepared two draft maps for Cape San Blas Unit P30/
P30P located in Gulf County, Florida. The draft maps for Unit P30/P30P 
remove approximately 65 acres from the CBRS (52 acres of fastland and 
13 acres of associated aquatic habitat) and add approximately 642 acres 
to the CBRS (61 acres of fastland and 581 acres of associated aquatic 
habitat). The draft maps remove areas that were inappropriately 
included within the CBRS in the past and add areas that meet the CBRA 
criteria for inclusion within the CBRS (16 U.S.C. 3503(g)(1)). The 
draft maps also reclassify certain areas from System Unit to OPA, and 
vice versa.

Middlesex and Monmouth Counties, New Jersey

    The Service has prepared a draft map for Seidler Beach Unit NJ-02, 
Cliffwood Beach Unit NJ-03P, and Conaskonk Point Unit NJ-04, located in 
Middlesex and Monmouth Counties, New Jersey. The draft map also 
includes three proposed new OPAs, Seidler Beach Unit NJ-02P, Sayreville 
Unit NJ-15P, and Matawan Point Unit NJ-16P, which are within the 
vicinity of the existing units. The draft map for Units NJ-02/NJ-02P, 
NJ-03P, NJ-04, NJ-15P, and NJ-16P, removes approximately 21 acres from 
the CBRS (15 acres of fastland and 6 acres of associated aquatic 
habitat) and adds approximately 393 acres to the CBRS (116 acres of 
fastland and 277 acres of associated aquatic habitat). The draft map 
removes areas that were inappropriately included within the CBRS in the 
past. Additionally, a strip of wetlands along the northeastern side of 
the BRSA facility is removed to allow for the U.S. Army Corps of 
Engineers to construct a planned levee to protect a wastewater 
treatment facility from future storm damage. This proposed removal is 
in accordance with the protocol described in the Mapping Protocol for 
the Protection of Existing Critical Facilities section above. The draft 
map also adds areas that meet the CBRA criteria for inclusion within 
the CBRS (16 U.S.C. 3503(g)(1) and reclassifies an area from System 
Unit to OPA.

Proposed Additions to the CBRS

    The draft maps for Units P30/P30P, P31/P31P, NJ-02/NJ-02P, NJ-03P, 
NJ-04, NJ-15P, and NJ-16P propose additions to the CBRS, including the 
creation of three new units that are consistent with a directive in 
Section 4 of Public Law 109-226 concerning recommendations for 
expansion of the CBRS. The proposed boundaries depicted on the draft 
maps for Florida and New Jersey are based upon the best data available 
to the Service at the time the draft maps were created. Our assessment 
indicated that any new areas proposed for addition to the CBRS were 
relatively undeveloped at the time the draft maps were created.
    Section 2 of Public Law 106-514 requires that we consider the 
following criteria when assessing the development status of a potential 
addition to the CBRS: (1) Whether the density of development is less 
than one structure per five acres of land above mean high tide (which 
generally suggests eligibility for inclusion within the CBRS); and (2) 
whether there is existing infrastructure consisting of: A road, with a 
reinforced road bed, to each lot or building site in the area; a 
wastewater disposal system sufficient to serve each lot or building 
site in the area; electric service for each lot or building site in the 
area; and a fresh water supply for each lot or building site in the 
area (which generally suggests ineligibility for inclusion within the 
CBRS).
    If, upon review of the draft maps, interested parties find that any 
areas proposed for addition to the CBRS are currently developed 
(according to the criteria established by Section 2 of Public Law 106-
514), they may submit supporting documentation of such development to 
the Service during this public comment period. For any areas proposed 
for addition to the CBRS on the draft maps, we will consider the 
density of development and level of infrastructure on the ground as of 
the close of the comment period on the date listed in the DATES 
section.

Request for Comments

    Section 4 of Public Law 109-226 requires the Secretary to provide 
an opportunity for the submission of public comments. We invite the 
public to review and comment on the draft maps dated May 16, 2016, for 
CBRS Units P30/P30P, P31/P31P, NJ-02/NJ-02P, NJ-03P, NJ-04, NJ-15P, and 
NJ-16P. The Service is specifically notifying the following 
stakeholders concerning the availability of the draft revised maps: The 
Chair and Ranking Member of the House of Representatives Committee on 
Natural Resources; the Chair and Ranking Member of the Senate Committee 
on Environment and Public Works; the members of the Senate and House of 
Representatives for the

[[Page 44322]]

affected areas; the Governors of Florida and New Jersey; other 
appropriate Federal, State, and local officials; and nongovernmental 
organizations.
    Interested parties may submit written comments and accompanying 
data through http://www.regulations.gov, as described in the ADDRESSES 
section. The Service will also accept digital Geographic Information 
System (GIS) data files that are accompanied by written comments. 
Comments regarding specific CBRS unit(s) should reference the 
appropriate unit number(s) and unit name(s). We must receive comments 
on or before the date listed in the DATES section.
    Following the close of the comment period, we will review all 
comments received on the draft maps and we will make adjustments to the 
draft maps, as appropriate, based on information received through 
public comments, updated aerial imagery, CBRA criteria, and objective 
mapping protocols. We will then prepare final recommended maps to be 
submitted to Congress. The final recommended maps will become effective 
only if they are adopted by Congress through legislation.

Availability of Draft Maps and Related Information

    The draft maps, unit summaries (containing historical changes and 
more detailed information regarding proposed changes to the units), and 
digital boundary data can be accessed and downloaded from the Service's 
Web site at: http://www.fws.gov/ecological-services/habitat-conservation/coastal.html, or via www.regulations.gov, where public 
comments should be submitted. The digital boundary data are available 
for reference purposes only. The digital boundaries are best viewed 
using the base imagery to which the boundaries were drawn; this 
information is printed in the title block of the draft maps. The 
Service is not responsible for any misuse or misinterpretation of the 
digital boundary data.
    Interested parties may also contact the Service individual 
identified in the FOR FURTHER INFORMATION CONTACT section to make 
arrangements to view the draft maps at the Service's Headquarters 
office. Interested parties who are unable to access the draft maps via 
the Service's Web site or Headquarters office may contact the 
individual identified in the FOR FURTHER INFORMATION CONTACT section, 
and reasonable accommodations will be made.

Gary Frazer,
Assistant Director for Ecological Services.
[FR Doc. 2016-16100 Filed 7-6-16; 8:45 am]
 BILLING CODE 4333-15-P



                                                44320                           Federal Register / Vol. 81, No. 130 / Thursday, July 7, 2016 / Notices

                                                DEPARTMENT OF THE INTERIOR                               Background                                            of the unit number. The only Federal
                                                                                                            Coastal barriers are typically                     spending prohibition within OPAs is
                                                Fish and Wildlife Service                                elongated, narrow landforms located at                the prohibition on Federal flood
                                                                                                         the interface of land and sea, and are                insurance.
                                                [FWS–HQ–ES–2016–0069; FF09E15000–                                                                                 The Secretary of the Interior
                                                                                                         inherently dynamic ecosystems. Coastal
                                                FXHC112509CBRA1–167]                                                                                           (Secretary), through the Service, is
                                                                                                         barriers provide important habitat for
                                                                                                                                                               responsible for administering the CBRA,
                                                                                                         fish and wildlife, and serve as the
                                                John H. Chafee Coastal Barrier                                                                                 which includes maintaining the official
                                                                                                         mainland’s first line of defense against
                                                Resources System; Bay and Gulf                                                                                 maps of the CBRS, consulting with
                                                                                                         the impacts of severe storms. With the
                                                Counties, FL; Middlesex and                                                                                    Federal agencies that propose to spend
                                                                                                         passage of the Coastal Barrier Resources
                                                Monmouth Counties, NJ; Availability of                                                                         funds within the CBRS, preparing
                                                                                                         Act (CBRA) in 1982 (Pub. L. 97–348),
                                                Draft Maps and Request for Comments                                                                            updated maps of the CBRS, and making
                                                                                                         Congress recognized that certain actions
                                                                                                                                                               recommendations to Congress regarding
                                                AGENCY:   Fish and Wildlife Service,                     and programs of the Federal                           changes to the CBRS. Aside from three
                                                Interior.                                                Government have historically                          minor exceptions, only Congress—
                                                ACTION: Notice of availability; request                  subsidized and encouraged                             through new legislation—can modify
                                                for comments.                                            development on coastal barriers, where                the maps of the CBRS to add or remove
                                                                                                         severe storms are much more likely to                 land. These exceptions, which allow the
                                                SUMMARY:   We, the U.S. Fish and                         occur, and the result has been the loss               Secretary to make limited modifications
                                                Wildlife Service (Service), announce the                 of natural resources; threats to human                to the CBRS (16 U.S.C. 3503(c)–(e)), are
                                                availability of six John H. Chafee Coastal               life, health, and property; and the                   for: (1) Changes that have occurred to
                                                Barrier Resources System (CBRS) draft                    expenditure of millions of tax dollars                the CBRS as a result of natural forces,
                                                revised maps for public review and                       each year.                                            (2) voluntary additions to the CBRS by
                                                comment. The draft maps, all dated May                      The CBRA established the CBRS,                     property owners, and (3) additions of
                                                16, 2016, are for four existing CBRS                     which comprised 186 geographic units                  excess Federal property to the CBRS.
                                                units located in Bay and Gulf Counties,                  encompassing approximately 453,000                       The Service receives numerous
                                                Florida, and for three existing units and                acres of undeveloped lands and                        requests from property owners and
                                                three proposed new units located in                      associated aquatic habitat along the                  other interested parties who seek to
                                                Middlesex and Monmouth Counties,                         Atlantic and Gulf of Mexico coasts. The               remove areas from the CBRS. When
                                                New Jersey.                                              CBRS was expanded by the Coastal                      assessing whether a proposed change to
                                                DATES: To ensure consideration, we                       Barrier Improvement Act of 1990 (Pub.                 remove an area from the CBRS
                                                must receive your written comments by                    L. 101–591) to include additional areas               constitutes an appropriate technical
                                                August 22, 2016.                                         along the Atlantic and Gulf of Mexico                 correction, we consider whether the
                                                                                                         coasts, as well as areas along the coasts             original intent of the boundaries is
                                                ADDRESSES: You may submit written
                                                                                                         of the Great Lakes, the U.S. Virgin                   reflected on the maps (i.e., whether the
                                                comments by one of the following
                                                                                                         Islands, and Puerto Rico. The CBRS now                lines on the maps appropriately follow
                                                methods:
                                                                                                         comprises a total of 859 geographic                   the features they were intended to
                                                   • Electronically: Go to the Federal e–
                                                                                                         units, encompassing approximately 3.3                 follow on the ground). We also consider
                                                Rulemaking Portal: http://
                                                                                                         million acres of relatively undeveloped               the level of development that was on the
                                                www.regulations.gov. In the Search box,
                                                                                                         coastal barrier lands and associated                  ground when the area was originally
                                                enter FWS–HQ–ES–2016–0069, which
                                                                                                         aquatic habitat. These areas are depicted             included in the CBRS by Congress.
                                                is the docket number for this notice.
                                                                                                         on a series of maps entitled ‘‘John H.                   The Service generally does not
                                                Then, on the left side of the screen,
                                                                                                         Chafee Coastal Barrier Resources                      recommend removals from the CBRS,
                                                under the Document Type heading,
                                                                                                         System.’’                                             unless there is clear and compelling
                                                click on the Notices link to locate this                    Most new Federal expenditures and
                                                document and submit a comment.                                                                                 evidence that a mapping error was
                                                                                                         financial assistance that would have the              made. In cases where mapping errors
                                                   • By hard copy: Submit by U.S. mail                   effect of encouraging development are
                                                or hand–delivery to: Public Comments                                                                           are found, the Service supports changes
                                                                                                         prohibited within the CBRS. However,                  to the maps and works with Congress
                                                Processing, Attn: Docket No. FWS–HQ–                     development can still occur within the
                                                ES–2016–0069; Division of Policy,                                                                              and other interested parties to create
                                                                                                         CBRS, provided that private developers                comprehensively revised maps using
                                                Performance, and Management                              or other non-Federal parties bear the full
                                                Programs; U.S. Fish and Wildlife                                                                               modern digital technology.
                                                                                                         cost, rather than the American
                                                Service; 5275 Leesburg Pike, MS: BPHC;                   taxpayers.                                            Mapping Protocol for the Protection of
                                                Falls Church, VA 22041–3808.                                The CBRS includes two types of units,              Existing Critical Facilities
                                                   We request that you send comments                     System Units and Otherwise Protected                     Through this notice, we are
                                                by only the methods described above.                     Areas (OPAs). System Units generally                  developing a new CBRS mapping
                                                We will post all information received on                 comprise private lands that were                      protocol for critical facilities located
                                                http://www.regulations.gov. If you                       relatively undeveloped at the time of                 within and immediately adjacent to the
                                                provide personal identifying                             their designation within the CBRS. Most               CBRS. Under certain limited
                                                information in your comment, you may                     new Federal expenditures and financial                circumstances, the Service may consider
                                                request at the top of your document that                 assistance, including Federal flood                   mapping a CBRS area to allow for the
                                                we withhold this information from                        insurance, are prohibited within System               protection of existing critical facilities
srobinson on DSK5SPTVN1PROD with NOTICES




                                                public review. However, we cannot                        Units. OPAs generally comprise lands                  (e.g., sewage treatment facilities, nuclear
                                                guarantee that we will be able to do so.                 established under Federal, State, or                  facilities, and hospitals) that primarily
                                                FOR FURTHER INFORMATION CONTACT:                         local law or held by a qualified                      serve areas located outside of the CBRS.
                                                Katie Niemi, Coastal Barriers                            organization primarily for wildlife                   In such cases, the following criteria
                                                Coordinator, (703) 358–2071                              refuge, sanctuary, recreational, or                   must be met: (1) The protection of the
                                                (telephone); or CBRA@fws.gov (email).                    natural resource conservation purposes.               facility must be consistent with the
                                                SUPPLEMENTARY INFORMATION:                               OPAs are denoted with a ‘‘P’’ at the end              three purposes of the CBRA: To


                                           VerDate Sep<11>2014   17:23 Jul 06, 2016   Jkt 238001   PO 00000   Frm 00063   Fmt 4703   Sfmt 4703   E:\FR\FM\07JYN1.SGM   07JYN1


                                                                                Federal Register / Vol. 81, No. 130 / Thursday, July 7, 2016 / Notices                                            44321

                                                minimize the loss of human life,                         meet the CBRA criteria for inclusion                  additions to the CBRS, including the
                                                wasteful expenditure of Federal                          within the CBRS (16 U.S.C. 3503(g)(1)).               creation of three new units that are
                                                revenues, and damage to the fish,                        The draft maps also reclassify certain                consistent with a directive in Section 4
                                                wildlife, and other natural resources                    areas from System Unit to OPA, and                    of Public Law 109–226 concerning
                                                associated with coastal barriers; (2) the                vice versa.                                           recommendations for expansion of the
                                                protection of the facility should not                                                                          CBRS. The proposed boundaries
                                                                                                         Gulf County, Florida
                                                encourage new development within the                                                                           depicted on the draft maps for Florida
                                                CBRS (e.g., a levee protecting a facility                  The Service has prepared two draft                  and New Jersey are based upon the best
                                                should not also unnecessarily protect an                 maps for Cape San Blas Unit P30/P30P                  data available to the Service at the time
                                                undeveloped area within the CBRS or                      located in Gulf County, Florida. The                  the draft maps were created. Our
                                                an area within the CBRS that developed                   draft maps for Unit P30/P30P remove                   assessment indicated that any new areas
                                                after the unit was established); and (3)                 approximately 65 acres from the CBRS                  proposed for addition to the CBRS were
                                                and there must be no reasonable                          (52 acres of fastland and 13 acres of                 relatively undeveloped at the time the
                                                alternative to protect the facility (e.g.,               associated aquatic habitat) and add                   draft maps were created.
                                                nonstructural floodproofing, buyouts to                  approximately 642 acres to the CBRS                      Section 2 of Public Law 106–514
                                                allow for construction of levees and                     (61 acres of fastland and 581 acres of                requires that we consider the following
                                                flood walls outside of the CBRS,                         associated aquatic habitat). The draft                criteria when assessing the development
                                                alternative project design that does not                 maps remove areas that were                           status of a potential addition to the
                                                infringe upon the CBRS, etc.). For the                   inappropriately included within the                   CBRS: (1) Whether the density of
                                                purpose of this protocol, the Service                    CBRS in the past and add areas that                   development is less than one structure
                                                defines ‘‘existing’’ as being on-the-                    meet the CBRA criteria for inclusion                  per five acres of land above mean high
                                                ground as of the date the area was added                 within the CBRS (16 U.S.C. 3503(g)(1)).               tide (which generally suggests eligibility
                                                to the CBRS, and ‘‘critical facility’’ as a              The draft maps also reclassify certain                for inclusion within the CBRS); and (2)
                                                structure or other improvement that,                     areas from System Unit to OPA, and                    whether there is existing infrastructure
                                                because of its function, would likely                    vice versa.                                           consisting of: A road, with a reinforced
                                                cause catastrophic human health and                      Middlesex and Monmouth Counties,                      road bed, to each lot or building site in
                                                safety impacts if it is destroyed or                     New Jersey                                            the area; a wastewater disposal system
                                                damaged or if its functionality is                                                                             sufficient to serve each lot or building
                                                impaired. For the purposes of this                         The Service has prepared a draft map                site in the area; electric service for each
                                                protocol, a critical facility does not                   for Seidler Beach Unit NJ–02, Cliffwood               lot or building site in the area; and a
                                                include other infrastructure (e.g., roads,               Beach Unit NJ–03P, and Conaskonk                      fresh water supply for each lot or
                                                bridges, electric lines, etc.) that is                   Point Unit NJ–04, located in Middlesex                building site in the area (which
                                                commonly included within the CBRS.                       and Monmouth Counties, New Jersey.                    generally suggests ineligibility for
                                                   The Service has developed this new                    The draft map also includes three                     inclusion within the CBRS).
                                                protocol for critical facilities to allow for            proposed new OPAs, Seidler Beach Unit                    If, upon review of the draft maps,
                                                the protection of the Bayshore Regional                  NJ–02P, Sayreville Unit NJ–15P, and                   interested parties find that any areas
                                                Sewerage Authority (BRSA) Wastewater                     Matawan Point Unit NJ–16P, which are                  proposed for addition to the CBRS are
                                                Treatment Facility in Monmouth                           within the vicinity of the existing units.            currently developed (according to the
                                                County, New Jersey (see Proposed Map                     The draft map for Units NJ–02/NJ–02P,                 criteria established by Section 2 of
                                                Modifications section below). In cases                   NJ–03P, NJ–04, NJ–15P, and NJ–16P,                    Public Law 106–514), they may submit
                                                where the Service recommends the                         removes approximately 21 acres from                   supporting documentation of such
                                                removal of an area from the CBRS in                      the CBRS (15 acres of fastland and 6                  development to the Service during this
                                                accordance with this protocol, the                       acres of associated aquatic habitat) and              public comment period. For any areas
                                                change will become effective only if the                 adds approximately 393 acres to the                   proposed for addition to the CBRS on
                                                updated map is adopted through                           CBRS (116 acres of fastland and 277                   the draft maps, we will consider the
                                                legislation enacted by Congress.                         acres of associated aquatic habitat). The             density of development and level of
                                                                                                         draft map removes areas that were                     infrastructure on the ground as of the
                                                Proposed Map Modifications                               inappropriately included within the                   close of the comment period on the date
                                                  The Service has prepared six                           CBRS in the past. Additionally, a strip               listed in the DATES section.
                                                comprehensively revised draft maps                       of wetlands along the northeastern side
                                                                                                                                                               Request for Comments
                                                dated May 16, 2016, that propose                         of the BRSA facility is removed to allow
                                                modifications to the CBRS in Florida                     for the U.S. Army Corps of Engineers to                 Section 4 of Public Law 109–226
                                                and New Jersey. Below is a summary of                    construct a planned levee to protect a                requires the Secretary to provide an
                                                the changes depicted on the draft maps.                  wastewater treatment facility from                    opportunity for the submission of public
                                                                                                         future storm damage. This proposed                    comments. We invite the public to
                                                Bay County, Florida                                                                                            review and comment on the draft maps
                                                                                                         removal is in accordance with the
                                                  The Service has prepared three draft                   protocol described in the Mapping                     dated May 16, 2016, for CBRS Units
                                                maps for St. Andrew Complex P31/P31P                     Protocol for the Protection of Existing               P30/P30P, P31/P31P, NJ–02/NJ–02P,
                                                located in Bay County, Florida. The                      Critical Facilities section above. The                NJ–03P, NJ–04, NJ–15P, and NJ–16P.
                                                draft maps for Units P31 and P31P                        draft map also adds areas that meet the               The Service is specifically notifying the
                                                remove approximately 125 acres from                      CBRA criteria for inclusion within the                following stakeholders concerning the
                                                the CBRS (98 acres of fastland and 27                                                                          availability of the draft revised maps:
srobinson on DSK5SPTVN1PROD with NOTICES




                                                                                                         CBRS (16 U.S.C. 3503(g)(1) and
                                                acres of associated aquatic habitat) and                 reclassifies an area from System Unit to              The Chair and Ranking Member of the
                                                add approximately 1,582 acres to the                     OPA.                                                  House of Representatives Committee on
                                                CBRS (131 acres of fastland and 1,451                                                                          Natural Resources; the Chair and
                                                acres of associated aquatic habitat). The                Proposed Additions to the CBRS                        Ranking Member of the Senate
                                                draft maps remove areas (some of which                     The draft maps for Units P30/P30P,                  Committee on Environment and Public
                                                were inappropriately included within                     P31/P31P, NJ–02/NJ–02P, NJ–03P, NJ–                   Works; the members of the Senate and
                                                the CBRS in the past) and add areas that                 04, NJ–15P, and NJ–16P propose                        House of Representatives for the


                                           VerDate Sep<11>2014   17:23 Jul 06, 2016   Jkt 238001   PO 00000   Frm 00064   Fmt 4703   Sfmt 4703   E:\FR\FM\07JYN1.SGM   07JYN1


                                                44322                           Federal Register / Vol. 81, No. 130 / Thursday, July 7, 2016 / Notices

                                                affected areas; the Governors of Florida                 reasonable accommodations will be                       Fax: Field Supervisor, (904) 731–
                                                and New Jersey; other appropriate                        made.                                                 3191, Attn: Permit number [Insert
                                                Federal, State, and local officials; and                                                                       permit number].
                                                                                                         Gary Frazer,
                                                nongovernmental organizations.                                                                                   U.S. mail: Field Supervisor,
                                                                                                         Assistant Director for Ecological Services.           Jacksonville Ecological Services Field
                                                   Interested parties may submit written                 [FR Doc. 2016–16100 Filed 7–6–16; 8:45 am]            Office, Attn: Permit number [Insert
                                                comments and accompanying data                           BILLING CODE 4333–15–P                                permit number], U.S. Fish and Wildlife
                                                through http://www.regulations.gov, as
                                                                                                                                                               Service, 7915 Baymeadows Way, Suite
                                                described in the ADDRESSES section. The                                                                        200, Jacksonville, FL 32256.
                                                Service will also accept digital                         DEPARTMENT OF THE INTERIOR                              In-person drop-off: You may drop off
                                                Geographic Information System (GIS)                                                                            information during regular business
                                                data files that are accompanied by                       Fish and Wildlife Service
                                                                                                                                                               hours at the above office address.
                                                written comments. Comments regarding                     [FWS–R4–ES–2015–N115;                                 FOR FURTHER INFORMATION CONTACT: Erin
                                                specific CBRS unit(s) should reference                   FXES11130400000EA–123–FF04EF1000]                     M. Gawera, telephone: (904) 731–3121;
                                                the appropriate unit number(s) and unit                                                                        email: erin_gawera@fws.gov.
                                                name(s). We must receive comments on                     Endangered and Threatened Wildlife
                                                                                                         and Plants; Availability of Proposed                  SUPPLEMENTARY INFORMATION: We, the
                                                or before the date listed in the DATES                                                                         Fish and Wildlife Service (Service),
                                                section.                                                 Low-Effect Habitat Conservation Plans,
                                                                                                         Lake, County, FL                                      have received five applications for
                                                   Following the close of the comment                                                                          incidental take permits (ITPs) and one
                                                period, we will review all comments                      AGENCY:   Fish and Wildlife Service,                  renewal of an ITP under the Endangered
                                                received on the draft maps and we will                   Interior.                                             Species Act of 1973, as amended (Act).
                                                make adjustments to the draft maps, as                   ACTION: Notice of availability; request               Walton Acquisitions FL, LLC requests a
                                                appropriate, based on information                        for comment/information.                              20-year ITP; EPC Holdings 808 LLC and
                                                received through public comments,                                                                              Parkview Oaks, LLC request a 25-year
                                                                                                         SUMMARY:   We, the Fish and Wildlife                  ITP; Mattamy Orlando, LLC (Ladd
                                                updated aerial imagery, CBRA criteria,
                                                                                                         Service (Service), have received five                 Property) requests a 5-year ITP;
                                                and objective mapping protocols. We                      applications for incidental take permits
                                                will then prepare final recommended                                                                            Mattamy Orlando, LLC (NOLA Property)
                                                                                                         (ITPs) and one renewal of an ITP under                requests a 5-year ITP; Mattamy Orlando,
                                                maps to be submitted to Congress. The                    the Endangered Species Act of 1973, as
                                                final recommended maps will become                                                                             LLC (Clermont Self Storage Property)
                                                                                                         amended (Act) in Lake County, Florida.                requests a 5-year ITP; and Richard
                                                effective only if they are adopted by                    We request public comment on the
                                                Congress through legislation.                                                                                  Bosserman requests a 10-year renewal of
                                                                                                         permit applications and accompanying                  ITP permit #TE105732–1. We request
                                                Availability of Draft Maps and Related                   proposed habitat conservation plans                   public comment on the permit
                                                Information                                              (HCPs), as well as on our preliminary                 applications and accompanying
                                                                                                         determination that the plans qualify as               proposed habitat conservation plans
                                                   The draft maps, unit summaries                        low-effect under the National                         (HCPs), as well as on our preliminary
                                                (containing historical changes and more                  Environmental Policy Act (NEPA). To                   determination that the plans qualify as
                                                detailed information regarding proposed                  make this determination, we used our                  low-effect under the National
                                                changes to the units), and digital                       environmental action statements and                   Environmental Policy Act (NEPA). To
                                                boundary data can be accessed and                        low-effect screening forms, which are                 make this determination, we used our
                                                downloaded from the Service’s Web site                   also available for review.                            environmental action statement and
                                                at: http://www.fws.gov/ecological-                       DATES: To ensure consideration, please                low-effect screening form, which are
                                                services/habitat-conservation/                           send your written comments by August                  also available for review.
                                                coastal.html, or via                                     8, 2016.
                                                                                                         ADDRESSES: If you wish to review the
                                                                                                                                                               Background
                                                www.regulations.gov, where public
                                                comments should be submitted. The                        applications and HCPs, you may request                   Section 9 of the Act (16 U.S.C. 1531
                                                digital boundary data are available for                  documents by email, U.S. mail, or                     et seq.) and our implementing Federal
                                                reference purposes only. The digital                     phone (see below). These documents are                regulations in the Code of Federal
                                                boundaries are best viewed using the                     also available for public inspection by               Regulations (CFR) at 50 CFR part 17
                                                base imagery to which the boundaries                     appointment during normal business                    prohibit the ‘‘take’’ of fish or wildlife
                                                                                                         hours at the office below. Send your                  species listed as endangered or
                                                were drawn; this information is printed
                                                                                                         comments or requests by any one of the                threatened. Take of listed fish or
                                                in the title block of the draft maps. The
                                                                                                         following methods.                                    wildlife is defined under the Act as ‘‘to
                                                Service is not responsible for any                          Email: northflorida@fws.gov. Use                   harass, harm, pursue, hunt, shoot,
                                                misuse or misinterpretation of the                       ‘‘Attn: Permit number TE96908B–0’’ as                 wound, kill, trap, capture, or collect, or
                                                digital boundary data.                                   your message subject line for Walton                  to attempt to engage in any such
                                                   Interested parties may also contact the               Acquistions FL, LLC; ‘‘Attn: Permit                   conduct’’ (16 U.S.C. 1532). However,
                                                Service individual identified in the FOR                 number TE96852B–0’’ for EPC Holdings                  under limited circumstances, we issue
                                                FURTHER INFORMATION CONTACT section to                   808 LLC and Parkview Oaks, LLC;                       permits to authorize incidental take—
                                                make arrangements to view the draft                      ‘‘Attn: Permit number TE96862B–0’’ for                i.e., take that is incidental to, and not
                                                                                                         Mattamy Orlando, LLC (Ladd Property);                 the purpose of, the carrying out of an
srobinson on DSK5SPTVN1PROD with NOTICES




                                                maps at the Service’s Headquarters
                                                office. Interested parties who are unable                ‘‘Attn: Permit number TE96859B–0’’ for                otherwise lawful activity.
                                                to access the draft maps via the                         Mattamy Orlando, LLC (NOLA                               Regulations governing incidental take
                                                Service’s Web site or Headquarters                       Property); ‘‘Attn: Permit number                      permits for threatened and endangered
                                                office may contact the individual                        TE96904B–0’’ for Mattamy Orlando,                     species are at 50 CFR 17.32 and 17.22,
                                                identified in the FOR FURTHER                            LLC (Clermont Self Storage Property);                 respectively. The Act’s take prohibitions
                                                INFORMATION CONTACT section, and                         and ‘‘Attn: Permit number TE105732–2’’                do not apply to federally listed plants
                                                                                                         for Richard Bosserman.                                on private lands unless such take would


                                           VerDate Sep<11>2014   17:23 Jul 06, 2016   Jkt 238001   PO 00000   Frm 00065   Fmt 4703   Sfmt 4703   E:\FR\FM\07JYN1.SGM   07JYN1



Document Created: 2018-02-08 07:54:30
Document Modified: 2018-02-08 07:54:30
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of availability; request for comments.
DatesTo ensure consideration, we must receive your written comments by August 22, 2016.
ContactKatie Niemi, Coastal Barriers Coordinator, (703) 358-2071 (telephone); or [email protected] (email).
FR Citation81 FR 44320 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR