81 FR 49686 - Receipt of an Application for an Incidental Take Permit for Karner Blue Butterfly, From the Slack Chemical Company, and Availability of Proposed Habitat Conservation Plan

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 81, Issue 145 (July 28, 2016)

Page Range		49686-49687
FR Document		2016-17866

We, the U.S. Fish and Wildlife Service (Service), announce the availability of an application for an Incidental Take Permit (ITP) and a proposed Habitat Conservation Plan (HCP) from the Slack Chemical Company for public review and comment. We received the permit application from the Slack Chemical Company for incidental take of the endangered Karner blue butterfly resulting from the construction of a gravel access road, as well as from proposed mitigation activities over the next 10 years. Our preliminary determination is that the proposed HCP qualifies as low-effect in accordance with our Handbook for Habitat Conservation Planning and Incidental Taking Permitting Process. To make this determination, we used our Low-Effect HCP Screening Form/ Environmental Action Statement (EAS), the preliminary version of which is also available for review. We provide this notice to (1) seek public comments on the proposed HCP and application; (2) seek public comments on our preliminary determination that the HCP qualifies as low-effect and is therefore eligible for a categorical exclusion under the National Environmental Policy Act (NEPA); and (3) advise other Federal and State agencies, affected Tribes, and the public of our intent to issue an ITP.

Federal Register, Volume 81 Issue 145 (Thursday, July 28, 2016)

[Federal Register Volume 81, Number 145 (Thursday, July 28, 2016)]
[Notices]
[Pages 49686-49687]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-17866]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R5-ES-2015-N203]; [50120-1112-0000-F2]


Receipt of an Application for an Incidental Take Permit for 
Karner Blue Butterfly, From the Slack Chemical Company, and 
Availability of Proposed Habitat Conservation Plan

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability, receipt of application.

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

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the 
availability of an application for an Incidental Take Permit (ITP) and 
a proposed Habitat Conservation Plan (HCP) from the Slack Chemical 
Company for public review and comment. We received the permit 
application from the Slack Chemical Company for incidental take of the 
endangered Karner blue butterfly resulting from the construction of a 
gravel access road, as well as from proposed mitigation activities over 
the next 10 years. Our preliminary determination is that the proposed 
HCP qualifies as low-effect in accordance with our Handbook for Habitat 
Conservation Planning and Incidental Taking Permitting Process. To make 
this determination, we used our Low-Effect HCP Screening Form/
Environmental Action Statement (EAS), the preliminary version of which 
is also available for review.
    We provide this notice to (1) seek public comments on the proposed 
HCP and application; (2) seek public comments on our preliminary 
determination that the HCP qualifies as low-effect and is therefore 
eligible for a categorical exclusion under the National Environmental 
Policy Act (NEPA); and (3) advise other Federal and State agencies, 
affected Tribes, and the public of our intent to issue an ITP.

DATES: To ensure consideration, we must receive your written comments 
by August 29, 2016.

ADDRESSES: Reviewing documents: You may obtain copies of the proposed 
HCP and preliminary EAS for review by any of the following methods:
    Internet: New York Field Office Web site, at http://www.fws.gov/northeast/nyfo/;
    In-person: Copies will be available for public review during 
regular business hours at the New York Field Office (see FOR FURTHER 
INFORMATION CONTACT);
    U.S. mail: You may request copies by sending a letter to the New 
York Field Office (see FOR FURTHER INFORMATION CONTACT); or
    Telephone: Those who do not have access to the Web site or cannot 
visit our office may request copies by telephone at 607-753-9334.
    Submitting comments: You may submit written comments by any one of 
the following methods:
    Email: [email protected]. Please put Slack Chemical HCP in the 
subject line; or
    U.S. mail: Noelle Rayman-Metcalf (see FOR FURTHER INFORMATION 
CONTACT).

FOR FURTHER INFORMATION CONTACT: Noelle Rayman-Metcalf, by U.S. mail at 
U.S. Fish and Wildlife Service, New York Field Office, 3817 Luker Road, 
Cortland, NY 13045; or via phone at 607-753-9334.

SUPPLEMENTARY INFORMATION: We received an application from the Slack 
Chemical Company for an ITP for take of the federally listed endangered 
Karner blue butterfly (Lycaeides melissa samuelis) resulting from the 
construction of a gravel access road, as well as from proposed 
mitigation activities. To minimize and mitigate for the incidental 
take, the Slack Chemical Company will implement a conservation program 
as described in its proposed HCP. We prepared a preliminary EAS to 
comply with NEPA. The Service will evaluate whether the proposed 
action, issuance of an ITP to the Slack Chemical Company, is adequate 
to support a categorical exclusion. We are requesting comments on the 
proposed HCP and our preliminary determination that the plan qualifies 
as low-effect under NEPA.

Background

    Section 9 of the Act (16 U.S.C. 1531 et seq.) and its implementing 
regulations prohibit the ``take'' of animal species listed as 
endangered or threatened. Take is defined under the Act as to ``harass, 
harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect 
listed animal species, or to attempt to engage in such conduct'' (16 
U.S.C. 1538). However, under section 10(a) of the Act, we may issue 
permits to authorize incidental take of listed species. ``Incidental 
take'' is defined by the Act as take that is incidental to, and not the 
purpose of, carrying out an otherwise lawful activity. Regulations 
governing incidental take permits for threatened and endangered 
species, respectively, are found in the Code of Federal Regulations 
(October 1, 2006, 50 CFR 17.22; October 1, 2001, 50 CFR 17.32).

Proposed Project

    Slack Chemical Company is seeking a permit for the incidental take 
of the Karner blue butterfly for a term of 10 years. Incidental take of 
this species will occur in an approximate 0.10-acre area within a 
National Grid right-of-way (ROW). Slack Chemical Company proposes to 
construct a gravel access road through the ROW to access approximately 
8 acres for construction of a parking lot for their trucking fleet and 
a building. The project is located in Grande Industrial Park, Saratoga 
Springs, Saratoga County, New York. An additional 4.81 acres of 
temporary impacts to enhance Karner blue butterfly habitat will occur 
due to periodic mowing.
    Proposed covered activities include the new construction of a 
gravel access road, as well as periodic mowing of occupied habitat of 
two existing New York State Department of Environmental Conservation 
management areas, and one National Grid easement area, as well as the 
seeding of wild blue lupine and other nectar species within a 0.10 acre 
patch in National Grid's ROW. The HCP's proposed conservation strategy 
is designed to minimize and mitigate the impacts of covered activities 
on the covered species. The biological goal is to complement the 
existing conservation efforts in New York State for the butterfly.
    The proposed action consists of the issuance of an ITP and 
implementation of the proposed HCP. One alternative to the proposed 
action was considered in the HCP: No action (i.e., operation of the 
project without an ITP and without avoidance, minimization, or 
mitigation of Karner blue butterfly impacts). This alternative was 
deemed not practicable by Slack Chemical Company because the project 
would not have the important protections of the ITP and would not have 
the conservation benefits proposed by the Slack Chemical Company.

National Environmental Policy Act

    We have made a preliminary determination that the Slack Chemical 
Company's proposed HCP, including proposed minimization and mitigation 
measures, will have a minor or negligible effect on the species covered 
in the plan, and that the plan qualifies

[[Page 49687]]

as a ``low-effect'' HCP as described in the Service's HCP Handbook (61 
FR 63854, December 2, 1996). Therefore, our proposed issuance of the 
requested incidental take permit qualifies as a categorical exclusion 
under the National Environmental Policy Act, as provided by Department 
of the Interior implementing regulations in part 46 of title 43 of the 
Code of Federal Regulations (43 CFR 46.205, 46.210, and 46.215).
    As further explained in the preliminary EAS, included for public 
review, our preliminary determination that the plan qualifies as a low-
effect HCP is based on the following three criteria:
    (1) Implementation of the plan would result in minor or negligible 
effects on federally listed, proposed, and candidate species and their 
habitats;
    (2) Implementation of the plan would result in minor or negligible 
effects on other environmental values or resources prior to 
implementation of the mitigation measures; and
    (3) Impacts of the plan, considered together with the impacts of 
other past, present, and reasonably foreseeable similarly situated 
projects, would not result, over time, in cumulative effects to the 
environmental values or resources that would be considered significant.

Next Steps

    We will evaluate the proposed HCP and comments we receive to 
determine whether the permit application meets the requirements of 
section 10(a) of the ESA (16 U.S.C. 1531 et seq.). We will also 
evaluate whether issuance of a section 10(a)(1)(B) permit would comply 
with section 7 of the ESA 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 a permit. If the requirements are met, we will 
issue the permit to the applicant.

Public Comments

    We invite the public to comment on the proposed HCP and preliminary 
EAS during a 30-day public comment period (see DATES). You may submit 
written comments by one of the methods in the ADDRESSES section.
    All comments received, including names and addresses, will become 
part of the administrative record and will be available to the public. 
Before including your address, phone number, email address, or other 
personal identifying information in your comment, you should be aware 
that your entire comment--including your personal identifying 
information--will be publicly available. If you submit a hard copy 
comment that includes personal identifying information, 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.

Authority

    We provide this notice pursuant to section 10(c) of the ESA (16 
U.S.C. 1531 et seq.) and NEPA regulations (40 CFR 1506.6).

    Dated: July 21, 2016.
Cindy Schulz,
Acting Assistant Regional Director--Ecological Services, Northeast 
Region.
[FR Doc. 2016-17866 Filed 7-27-16; 8:45 am]
 BILLING CODE 4333-15-P

49686 Federal Register / Vol. 81, No. 145 / Thursday, July 28, 2016 / Notices

Dated: July 22, 2016. Internet: New York Field Office Web otherwise lawful activity. Regulations
R. Gil Kerlikowske, site, at http://www.fws.gov/northeast/ governing incidental take permits for
Commissioner, U.S. Customs and Border nyfo/; threatened and endangered species,
Protection. In-person: Copies will be available for respectively, are found in the Code of
[FR Doc. 2016–17915 Filed 7–27–16; 8:45 am] public review during regular business Federal Regulations (October 1, 2006, 50
BILLING CODE 9111–14–P hours at the New York Field Office (see CFR 17.22; October 1, 2001, 50 CFR
FOR FURTHER INFORMATION CONTACT); 17.32).
U.S. mail: You may request copies by Proposed Project
DEPARTMENT OF THE INTERIOR sending a letter to the New York Field
Office (see FOR FURTHER INFORMATION Slack Chemical Company is seeking a
Fish and Wildlife Service CONTACT); or permit for the incidental take of the
Telephone: Those who do not have Karner blue butterfly for a term of 10
[FWS–R5–ES–2015–N203]; [50120–1112– access to the Web site or cannot visit years. Incidental take of this species will
0000–F2] occur in an approximate 0.10-acre area
our office may request copies by
telephone at 607–753–9334. within a National Grid right-of-way
Receipt of an Application for an (ROW). Slack Chemical Company
Incidental Take Permit for Karner Blue Submitting comments: You may
submit written comments by any one of proposes to construct a gravel access
Butterfly, From the Slack Chemical road through the ROW to access
Company, and Availability of Proposed the following methods:
Email: FW5ES_NYFO@fws.gov. Please approximately 8 acres for construction
Habitat Conservation Plan of a parking lot for their trucking fleet
put Slack Chemical HCP in the subject
AGENCY: Fish and Wildlife Service, line; or and a building. The project is located in
Interior. U.S. mail: Noelle Rayman-Metcalf (see Grande Industrial Park, Saratoga
FOR FURTHER INFORMATION CONTACT). Springs, Saratoga County, New York. An
ACTION: Notice of availability, receipt of
additional 4.81 acres of temporary
application. FOR FURTHER INFORMATION CONTACT:
impacts to enhance Karner blue
Noelle Rayman-Metcalf, by U.S. mail at
SUMMARY: We, the U.S. Fish and butterfly habitat will occur due to
U.S. Fish and Wildlife Service, New periodic mowing.
Wildlife Service (Service), announce the York Field Office, 3817 Luker Road,
availability of an application for an Proposed covered activities include
Cortland, NY 13045; or via phone at the new construction of a gravel access
Incidental Take Permit (ITP) and a 607–753–9334.
proposed Habitat Conservation Plan road, as well as periodic mowing of
SUPPLEMENTARY INFORMATION: We occupied habitat of two existing New
(HCP) from the Slack Chemical
received an application from the Slack York State Department of
Company for public review and
Chemical Company for an ITP for take Environmental Conservation
comment. We received the permit
of the federally listed endangered management areas, and one National
application from the Slack Chemical
Karner blue butterfly (Lycaeides melissa Grid easement area, as well as the
Company for incidental take of the
samuelis) resulting from the seeding of wild blue lupine and other
endangered Karner blue butterfly
construction of a gravel access road, as nectar species within a 0.10 acre patch
resulting from the construction of a
well as from proposed mitigation in National Grid’s ROW. The HCP’s
gravel access road, as well as from
activities. To minimize and mitigate for proposed conservation strategy is
proposed mitigation activities over the
the incidental take, the Slack Chemical designed to minimize and mitigate the
next 10 years. Our preliminary
Company will implement a impacts of covered activities on the
determination is that the proposed HCP
conservation program as described in its covered species. The biological goal is
qualifies as low-effect in accordance
proposed HCP. We prepared a to complement the existing conservation
with our Handbook for Habitat
preliminary EAS to comply with NEPA. efforts in New York State for the
Conservation Planning and Incidental
The Service will evaluate whether the butterfly.
Taking Permitting Process. To make this
proposed action, issuance of an ITP to The proposed action consists of the
determination, we used our Low-Effect
the Slack Chemical Company, is issuance of an ITP and implementation
HCP Screening Form/Environmental
adequate to support a categorical of the proposed HCP. One alternative to
Action Statement (EAS), the preliminary
exclusion. We are requesting comments the proposed action was considered in
version of which is also available for
on the proposed HCP and our the HCP: No action (i.e., operation of the
review.
preliminary determination that the plan project without an ITP and without
We provide this notice to (1) seek
qualifies as low-effect under NEPA. avoidance, minimization, or mitigation
public comments on the proposed HCP
and application; (2) seek public Background of Karner blue butterfly impacts). This
comments on our preliminary alternative was deemed not practicable
Section 9 of the Act (16 U.S.C. 1531 by Slack Chemical Company because
determination that the HCP qualifies as et seq.) and its implementing
low-effect and is therefore eligible for a the project would not have the
regulations prohibit the ‘‘take’’ of important protections of the ITP and
categorical exclusion under the National animal species listed as endangered or
Environmental Policy Act (NEPA); and would not have the conservation
threatened. Take is defined under the benefits proposed by the Slack Chemical
(3) advise other Federal and State Act as to ‘‘harass, harm, pursue, hunt,
agencies, affected Tribes, and the public Company.
shoot, wound, kill, trap, capture, or
of our intent to issue an ITP. collect listed animal species, or to National Environmental Policy Act
DATES: To ensure consideration, we
Lhorne on DSK30JT082PROD with NOTICES

attempt to engage in such conduct’’ (16 We have made a preliminary
must receive your written comments by U.S.C. 1538). However, under section determination that the Slack Chemical
August 29, 2016. 10(a) of the Act, we may issue permits Company’s proposed HCP, including
ADDRESSES: Reviewing documents: You to authorize incidental take of listed proposed minimization and mitigation
may obtain copies of the proposed HCP species. ‘‘Incidental take’’ is defined by measures, will have a minor or
and preliminary EAS for review by any the Act as take that is incidental to, and negligible effect on the species covered
of the following methods: not the purpose of, carrying out an in the plan, and that the plan qualifies

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Federal Register / Vol. 81, No. 145 / Thursday, July 28, 2016 / Notices 49687

as a ‘‘low-effect’’ HCP as described in publicly available. If you submit a hard FOR FURTHER INFORMATION CONTACT: For
the Service’s HCP Handbook (61 FR copy comment that includes personal the phone number and access code,
63854, December 2, 1996). Therefore, identifying information, you may please contact Michael Marketti, U.S.
our proposed issuance of the requested request at the top of your document that Geological Survey, Mail Stop 908,
incidental take permit qualifies as a we withhold this information from National Center, Reston, Virginia 20192,
categorical exclusion under the National public review. However, we cannot (703) 648–6976.
Environmental Policy Act, as provided guarantee that we will be able to do so. SUPPLEMENTARY INFORMATION: Meetings
by Department of the Interior of the National Cooperative Geologic
Authority
implementing regulations in part 46 of Mapping Program and National
title 43 of the Code of Federal We provide this notice pursuant to Geological and Geophysical Data
Regulations (43 CFR 46.205, 46.210, and section 10(c) of the ESA (16 U.S.C. 1531 Preservation Program Advisory
46.215). et seq.) and NEPA regulations (40 CFR Committee are open to the public.
As further explained in the 1506.6).
Dated: July 25, 2016.
preliminary EAS, included for public Dated: July 21, 2016. Michael J. Marketti,
review, our preliminary determination Cindy Schulz,
that the plan qualifies as a low-effect Program Analyst, NCGMP.
Acting Assistant Regional Director— [FR Doc. 2016–17882 Filed 7–27–16; 8:45 am]
HCP is based on the following three Ecological Services, Northeast Region.
criteria: BILLING CODE 4311–AM–P
[FR Doc. 2016–17866 Filed 7–27–16; 8:45 am]
(1) Implementation of the plan would
BILLING CODE 4333–15–P
result in minor or negligible effects on
federally listed, proposed, and DEPARTMENT OF THE INTERIOR
candidate species and their habitats;
(2) Implementation of the plan would DEPARTMENT OF THE INTERIOR Bureau of Land Management
result in minor or negligible effects on Geological Survey [LLMTC02900.L16100000.DF0000]
other environmental values or resources
prior to implementation of the [GX16GC009PLSS00] Notice of Public Meeting, Dakotas
mitigation measures; and Resource Advisory Council Meeting
(3) Impacts of the plan, considered National Cooperative Geologic
Mapping Program (NCGMP) and AGENCY: Bureau of Land Management,
together with the impacts of other past, Interior.
present, and reasonably foreseeable National Geological and Geophysical
Data Preservation Program (NGGDPP) ACTION: Notice of Public Meeting.
similarly situated projects, would not
result, over time, in cumulative effects Advisory Committee SUMMARY: In accordance with the
to the environmental values or resources AGENCY: U.S. Geological Survey, Federal Land Policy and Management
that would be considered significant. Interior. Act (FLPMA) and the Federal Advisory
Next Steps ACTION: Notice of annual meeting: Audio Committee Act of 1972 (FACA), the U.S.
conference. Department of the Interior, Bureau of
We will evaluate the proposed HCP Land Management (BLM) Dakotas
and comments we receive to determine Resource Advisory Council (RAC) will
SUMMARY: Pursuant to Public Law 106–
whether the permit application meets meet as indicated below.
148, the NCGMP and NGGDPP Advisory
the requirements of section 10(a) of the
Committee will hold an audio DATES: The Dakotas Resource Advisory
ESA (16 U.S.C. 1531 et seq.). We will
conference call on Thursday, September Council meeting will be held on August
also evaluate whether issuance of a
22, 2016, from 9 a.m.–5 p.m. Eastern 25, 2016. When determined, the meeting
section 10(a)(1)(B) permit would comply
Standard Time. The Advisory location and times will be announced in
with section 7 of the ESA by conducting
Committee, comprising representatives a news release.
an intra-Service section 7 consultation.
from Federal agencies, State agencies, FOR FURTHER INFORMATION CONTACT:
We will use the results of this
academic institutions, and private Mark Jacobsen, Public Affairs Specialist,
consultation, in combination with the
companies, shall advise the Director of BLM Eastern Montana/Dakotas District,
above findings, in our final analysis to
the U.S. Geological Survey on planning 111 Garryowen Road, Miles City,
determine whether or not to issue a
and implementation of the geologic Montana, 59301; (406) 233–2831;
permit. If the requirements are met, we
mapping and data preservation mjacobse@blm.gov. Persons who use a
will issue the permit to the applicant.
programs. telecommunications device for the deaf
Public Comments The Committee will hear updates on (TDD) may call the Federal Information
We invite the public to comment on progress of the NCGMP toward fulfilling Relay Service (FIRS) at 1–800–677–8339
the proposed HCP and preliminary EAS the purposes of the National Geological to contact the above individual during
during a 30-day public comment period Mapping Act of 1992, as well as updates normal business hours. The FIRS is
(see DATES). You may submit written on the NGGDPP toward fulfilling the available 24 hours a day, 7 days a week
comments by one of the methods in the purposes of the Energy Policy Act of to leave a message or question with the
ADDRESSES section. 2005. above individual. You will receive a
All comments received, including Retraction: Please note that this reply during normal business hours.
names and addresses, will become part meeting was originally scheduled for SUPPLEMENTARY INFORMATION: The 15-
of the administrative record and will be August 8, 2016 and a notice was member council advises the Secretary of
published in the Federal Register, dated
Lhorne on DSK30JT082PROD with NOTICES

available to the public. Before including the Interior through the BLM on a
your address, phone number, email June 13, 2016. The original advertised variety of planning and management
address, or other personal identifying date of this meeting is no longer issues associated with public land
information in your comment, you accurate and the meeting has been management in eastern Montana. At this
should be aware that your entire postponed to September 22, 2016. meeting, topics will include: An Eastern
comment—including your personal DATES: September 22, 2016, from 9 Montana/Dakotas District report, North
identifying information—will be a.m.–5 p.m. Eastern Standard Time. Dakota and South Dakota Field Office

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Document Created: 2016-07-28 01:47:44
Document Modified: 2016-07-28 01:47:44

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, receipt of application.
Dates		To ensure consideration, we must receive your written comments by August 29, 2016.
Contact		Noelle Rayman-Metcalf, by U.S. mail at U.S. Fish and Wildlife Service, New York Field Office, 3817 Luker Road, Cortland, NY 13045; or via phone at 607-753-9334.
FR Citation		81 FR 49686

81 FR 49686 - Receipt of an Application for an Incidental Take Permit for Karner Blue Butterfly, From the Slack Chemical Company, and Availability of Proposed Habitat Conservation Plan

DEPARTMENT OF THE INTERIORFish and Wildlife Service

Federal Register Volume 81, Issue 145 (July 28, 2016)

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service