81 FR 67376 - Endangered and Threatened Wildlife and Plants; Availability of Proposed Low-Effect Habitat Conservation Plans, Clay, Lake, Marion, and Putnam County, FL

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 81, Issue 190 (September 30, 2016)

Page Range		67376-67377
FR Document		2016-23646

We, the Fish and Wildlife Service (Service, USFWS), have received an application for an incidental take permit (ITP) under the Endangered Species Act of 1973, as amended (Act). Vulcan Materials Company requests a 30-year ITP. We request public comment on the permit application and accompanying proposed habitat conservation plan (HCP), as well as on our preliminary determination that the plan qualifies 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 81 Issue 190 (Friday, September 30, 2016)

[Federal Register Volume 81, Number 190 (Friday, September 30, 2016)]
[Notices]
[Pages 67376-67377]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-23646]



[[Page 67376]]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R4-ES-2015-N163; FXES11130400000EA-123-FF04EF1000]


Endangered and Threatened Wildlife and Plants; Availability of 
Proposed Low-Effect Habitat Conservation Plans, Clay, Lake, Marion, and 
Putnam County, FL

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comment/information.

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

SUMMARY: We, the Fish and Wildlife Service (Service, USFWS), have 
received an application for an incidental take permit (ITP) under the 
Endangered Species Act of 1973, as amended (Act). Vulcan Materials 
Company requests a 30-year ITP. We request public comment on the permit 
application and accompanying proposed habitat conservation plan (HCP), 
as well as on our preliminary determination that the plan qualifies 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 
October 31, 2016.

ADDRESSES: If you wish to review the application and HCP, you may 
request documents by email, U.S. mail, or phone (see below). These 
documents are also available for public inspection by appointment 
during normal business hours at the office below. Send your comments or 
requests by any one of the following methods.
    Email: [email protected], Attn: Permit number TE96856B-0.
    Fax: Field Supervisor, (904) 731-3191, Attn: Permit number 
TE96856B-0.
    U.S. mail: Field Supervisor, Jacksonville Ecological Services Field 
Office, Attn: Permit number TE96856B-0, U.S. Fish and Wildlife Service, 
7915 Baymeadows Way, Suite 200, Jacksonville, FL 32256.
    In-person drop-off: You may drop off information during regular 
business hours at the above office address.

FOR FURTHER INFORMATION CONTACT: Erin M. Gawera, telephone: (904) 731-
3121; email: [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    Section 9 of the Act (16 U.S.C. 1531 et seq.) and our implementing 
Federal regulations in the Code of Federal Regulations (CFR) at 50 CFR 
17 prohibit the ``take'' of fish or wildlife species listed as 
endangered or threatened. Take of listed fish or wildlife is defined 
under the Act as ``to harass, harm, pursue, hunt, shoot, wound, kill, 
trap, capture, or collect, or to attempt to engage in any such 
conduct'' (16 U.S.C. 1532). However, under limited circumstances, we 
issue permits to authorize incidental take--i.e., take that is 
incidental to, and not the purpose of, the carrying out of an otherwise 
lawful activity.
    Regulations governing incidental take permits for threatened and 
endangered species are at 50 CFR 17.32 and 17.22, respectively. The 
Act's take prohibitions do not apply to federally listed plants on 
private lands unless such take would violate State law. In addition to 
meeting other criteria, an incidental take permit's proposed actions 
must not jeopardize the existence of federally listed fish, wildlife, 
or plants.

Applicants' Proposal

Vulcan Materials Company

    Vulcan Materials Company proposes incremental mining of sand 
reserves throughout the 8,660.71-acre permitted mining limits of seven 
mine sites (Astatula Sand Plant, Goldhead Sand Plant, Keuka Sand Plant, 
Lake Sand Plant, Marion Sand Plant, Turnpike Sand Plant, and Weirsdale 
Sand Plant) over the life of the mines, and seeks a 30-year permit for 
take of foraging and sheltering habitat occupied by scrub-jay and sand 
skink. The project sites are located in Clay, Lake, Marion, and Putnam 
Counties within North and Central Florida, Florida. The extent of 
direct impacts in future phases is currently undetermined; however, 
based on the current USFWS guidelines, approximately 1,489.31 acres of 
the site appear to be suitable for the sand skink, and approximately 26 
acres of the site appear to be occupied by the Florida scrub-jay. In 
advance of the progression of the mining operations into future phases, 
quantitative surveys will be conducted for the Florida scrub-jay and 
sand skinks, 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 habitat within future phases at a ratio of 2:1 by purchasing two 
mitigation bank credits at the Tiger Creek Conservation Bank or another 
permitted USFWS skink conservation bank per every 1 acre of impact. The 
applicant proposes to mitigate for impacts to occupied scrub-jay 
habitat within future phases at a ratio of 2:1 by purchasing credits at 
a permitted USFWS approved scrub-jay conservation bank or contributing 
an appropriate amount to the Florida Scrub-jay Conservation Fund as per 
mitigation guidelines at the time the surveys are conducted.

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 
have determined that the incidental take permit for this project is 
``low effect'' and qualifies for categorical exclusion under the 
National Environmental Policy Act (NEPA), as provided by 43 CFR 46.205 
and 43 CFR 46.210. 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 application 
meets these requirements, we will issue ITP number #TE96856B-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 ITP. If the requirements are met, we will 
issue the permit to the applicant.

Public Comments

    If you wish to comment on the permit application, HCP, 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

[[Page 67377]]

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: September 22, 2016.
Jay B. Herrington,
Field Supervisor, Jacksonville Field Office, Southeast Region.
[FR Doc. 2016-23646 Filed 9-29-16; 8:45 am]
 BILLING CODE 4333-15-P

67376 Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Notices

DEPARTMENT OF THE INTERIOR regulations in the Code of Federal mitigate for impacts to occupied scrub-
Regulations (CFR) at 50 CFR 17 prohibit jay habitat within future phases at a
Fish and Wildlife Service the ‘‘take’’ of fish or wildlife species ratio of 2:1 by purchasing credits at a
[FWS–R4–ES–2015–N163; listed as endangered or threatened. Take permitted USFWS approved scrub-jay
FXES11130400000EA–123–FF04EF1000] of listed fish or wildlife is defined under conservation bank or contributing an
the Act as ‘‘to harass, harm, pursue, appropriate amount to the Florida
Endangered and Threatened Wildlife hunt, shoot, wound, kill, trap, capture, Scrub-jay Conservation Fund as per
and Plants; Availability of Proposed or collect, or to attempt to engage in any mitigation guidelines at the time the
Low-Effect Habitat Conservation Plans, such conduct’’ (16 U.S.C. 1532). surveys are conducted.
Clay, Lake, Marion, and Putnam However, under limited circumstances,
Our Preliminary Determination
County, FL we issue permits to authorize incidental
take—i.e., take that is incidental to, and We have determined that the
AGENCY: Fish and Wildlife Service, not the purpose of, the carrying out of applicants’ proposals, including the
Interior. an otherwise lawful activity. proposed mitigation and minimization
ACTION: Notice of availability; request Regulations governing incidental take measures, would have minor or
for comment/information. permits for threatened and endangered negligible effects on the species covered
species are at 50 CFR 17.32 and 17.22, in their HCPs. Therefore, we have
SUMMARY: We, the Fish and Wildlife respectively. The Act’s take prohibitions determined that the incidental take
Service (Service, USFWS), have do not apply to federally listed plants permit for this project is ‘‘low effect’’
received an application for an incidental on private lands unless such take would and qualifies for categorical exclusion
take permit (ITP) under the Endangered violate State law. In addition to meeting under the National Environmental
Species Act of 1973, as amended (Act). other criteria, an incidental take Policy Act (NEPA), as provided by 43
Vulcan Materials Company requests a permit’s proposed actions must not CFR 46.205 and 43 CFR 46.210. A low-
30-year ITP. We request public jeopardize the existence of federally effect HCP is one involving (1) Minor or
comment on the permit application and listed fish, wildlife, or plants. negligible effects on federally listed or
accompanying proposed habitat
Applicants’ Proposal candidate species and their habitats,
conservation plan (HCP), as well as on
and (2) minor or negligible effects on
our preliminary determination that the Vulcan Materials Company other environmental values or
plan qualifies as low-effect under the
Vulcan Materials Company proposes resources.
National Environmental Policy Act
(NEPA). To make this determination, we incremental mining of sand reserves Next Steps
used our environmental action throughout the 8,660.71-acre permitted
statement and low-effect screening form, mining limits of seven mine sites We will evaluate the HCPs and
which are also available for review. (Astatula Sand Plant, Goldhead Sand comments we receive to determine
Plant, Keuka Sand Plant, Lake Sand whether the ITP applications meet the
DATES: To ensure consideration, please requirements of section 10(a) of the Act
Plant, Marion Sand Plant, Turnpike
send your written comments by October (16 U.S.C. 1531 et seq.). If we determine
Sand Plant, and Weirsdale Sand Plant)
31, 2016. that the application meets these
over the life of the mines, and seeks a
ADDRESSES: If you wish to review the 30-year permit for take of foraging and requirements, we will issue ITP number
application and HCP, you may request sheltering habitat occupied by scrub-jay #TE96856B–0. We will also evaluate
documents by email, U.S. mail, or and sand skink. The project sites are whether issuance of the section
phone (see below). These documents are located in Clay, Lake, Marion, and 10(a)(1)(B) ITPs complies with section 7
also available for public inspection by Putnam Counties within North and of the Act by conducting an intra-
appointment during normal business Central Florida, Florida. The extent of Service section 7 consultation. We will
hours at the office below. Send your direct impacts in future phases is use the results of this consultation, in
comments or requests by any one of the currently undetermined; however, based combination with the above findings, in
following methods. on the current USFWS guidelines, our final analysis to determine whether
Email: northflorida@fws.gov, Attn: approximately 1,489.31 acres of the site or not to issue the ITP. If the
Permit number TE96856B–0. appear to be suitable for the sand skink, requirements are met, we will issue the
Fax: Field Supervisor, (904) 731– and approximately 26 acres of the site permit to the applicant.
3191, Attn: Permit number TE96856B– appear to be occupied by the Florida
0. Public Comments
scrub-jay. In advance of the progression
U.S. mail: Field Supervisor, of the mining operations into future If you wish to comment on the permit
Jacksonville Ecological Services Field phases, quantitative surveys will be application, HCP, and associated
Office, Attn: Permit number TE96856B– conducted for the Florida scrub-jay and documents, you may submit comments
0, U.S. Fish and Wildlife Service, 7915 sand skinks, to determine the by any one of the methods in
Baymeadows Way, Suite 200, occupancy and extent of occupancy ADDRESSES.
Jacksonville, FL 32256. within suitable areas. The completion of
In-person drop-off: You may drop off Public Availability of Comments
these surveys will be subject to the
information during regular business Service’s approved survey guidelines at Before including your address, phone
hours at the above office address. the time the surveys are conducted. The number, email address, or other
FOR FURTHER INFORMATION CONTACT: Erin applicant proposes to mitigate for personal identifying information in your
mstockstill on DSK3G9T082PROD with NOTICES

M. Gawera, telephone: (904) 731–3121; impacts to occupied skink habitat comments, you should be aware that
email: erin_gawera@fws.gov. within future phases at a ratio of 2:1 by your entire comment—including your
SUPPLEMENTARY INFORMATION: purchasing two mitigation bank credits personal identifying information—may
at the Tiger Creek Conservation Bank or be made publicly available at any time.
Background another permitted USFWS skink While you can ask us in your comment
Section 9 of the Act (16 U.S.C. 1531 conservation bank per every 1 acre of to withhold your personal identifying
et seq.) and our implementing Federal impact. The applicant proposes to information from public review, we

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Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Notices 67377

cannot guarantee that we will be able to DEPARTMENT OF THE INTERIOR SUPPLEMENTARY INFORMATION: The BLM
do so. and Forest Service amended petition/
Bureau of Land Management application requests the Secretary to
Authority withdraw, subject to valid existing
[LLOR936000.L1440000.ET0000.
We provide this notice under Section 16XL1109AF; HAG 16–0207] rights, approximately 5,216.18 acres of
10 of the Act and NEPA regulations (40 BLM-managed public domain and O&C
Notice of Amended Proposed lands and 95,805.53 acres of Forest
CFR 1506.6).
Withdrawal and Notice of Public Service-managed NFS lands from
Dated: September 22, 2016. Meetings; Oregon settlement, sale, location, and entry
Jay B. Herrington, under the public land laws; location and
AGENCY: Bureau of Land Management, entry under the United States mining
Field Supervisor, Jacksonville Field Office, Interior.
Southeast Region. laws, and operation of the mineral and
ACTION: Notice. geothermal leasing laws, for a period of
[FR Doc. 2016–23646 Filed 9–29–16; 8:45 am]
SUMMARY: The Assistant Secretary of the 20 years while Congress considers
BILLING CODE 4333–15–P
Interior for Land and Minerals legislation to permanently withdraw
Management has approved an those areas and, at the request of the
DEPARTMENT OF THE INTERIOR amendment to a previously filed BLM and the Forest Service, to protect
application to withdraw public domain the Southwestern Oregon watershed
Bureau of Land Management and Revested Oregon California from possible adverse effects of mineral
Railroad lands (O&C) managed by the development. The lands identified by
Bureau of Land Management (BLM) and notice in the Federal Register on June
[16X L1109AF LLUT980300– 29, 2015 (80 FR 37015), are incorporated
L12200000.XZ0000–24–1A] National Forest System (NFS) lands
managed by the U.S. Forest Service by reference. The areas described
(Forest Service) while Congress aggregate 101,021.71 acres in Josephine
Postponement of Utah Resource
considers legislation to permanently and Curry Counties.
Advisory Council Meeting The approved petition/application
withdraw those lands. Such legislation
is currently pending in the 114th constitutes a withdrawal proposal of the
AGENCY: Bureau of Land Management, Secretary of the Interior (43 CFR
Interior. Congress as S. 346 and H.R. 682 and
identified as the ‘‘Southwestern Oregon 2310.1–3(e)).
ACTION:Postponement of October 2016 Records relating to the application
Watershed and Salmon Protection Act
Utah Resource Advisory Council may be examined by contacting the
of 2015.’’ This Notice amends the prior
meeting. BLM at the above address and phone
proposal notice of which was published
number.
in the Federal Register on June 29, For a period until December 29, 2016,
SUMMARY: The October 2016 Utah 2015, to increase the proposed all persons who wish to submit
Resource Advisory Council meeting has withdrawal term from 5 years to 20 comments, suggestions, or objections in
been postponed. years, and to add that the withdrawal is connection with the amended
also being proposed at the request of the withdrawal application may present
DATES: The meeting was scheduled for BLM and the Forest Service, to protect
Oct. 17–18, 2016, in Green River, Utah their views in writing to the Oregon
the Southwestern Oregon watershed State Director, BLM, at the above
and will be rescheduled at a later date. from possible adverse effects of mineral address or by email at blm_or_wa_
FOR FURTHER INFORMATION CONTACT: Lola development. This notice gives the withdrawals@blm.gov. Information
Bird, Public Affairs Specialist, Bureau of public an opportunity to comment on regarding the amended withdrawal
Land Management, Utah State Office, the amended application and announces application will be available for public
440 West 200 South, Suite 500, Salt the dates, times, and locations of public review at the BLM Oregon State Office
meetings. during regular business hours, 8:45 a.m.
Lake City, Utah 84101; phone (801)
539–4033; or, lbird@blm.gov. DATES: Comments must be received by to 4:30 p.m., Monday through Friday,
December 29, 2016. except Federal holidays. Before
Persons who use a FOR FURTHER INFORMATION CONTACT: including your address, phone number,
telecommunications device for the deaf Jacob Childers, Oregon State Office, email address, or other personal
(TDD) may call the Federal Information Bureau of Land Management, at 503– identifying information in your
Relay Service (FIRS) at 1–800–877–8339 808–6225 or by email jcchilders@ comment, you should be aware that
to leave a message or question for the blm.gov, or Candice Polisky, USFS your entire comment—including your
above individual. The FIRS is available Pacific Northwest Region, at 503–808– personal identifying information—may
24 hours a day, seven days a week. 2479. Persons who use a be made publicly available at any time.
Replies are provided during normal telecommunications device for the deaf Individuals who submit written
business hours. (TDD) may call the Federal Information comments may request confidentiality
Authority: 43 CFR 1784.4–1. Relay Service (FIRS) at 1–800–877–8339 by asking us in your comment to
to reach either of the above individuals. withhold your personal identifying
Jenna Whitlock, The FIRS is available 24 hours a day, 7 information from public review;
Acting State Director. days a week, to leave a message or however, we cannot guarantee that we
question with the above individuals. will be able to do so.
mstockstill on DSK3G9T082PROD with NOTICES

[FR Doc. 2016–23640 Filed 9–29–16; 8:45 am]
BILLING CODE 4310–DQ–P
You will receive a reply during normal Notice is hereby given that public
business hours. meetings will be held in connection
ADDRESSES: Written comments should with the amended proposed
be sent to the Bureau of Land withdrawal. A notice of the times and
Management, Oregon State Office places of the public meetings will be
(OR936), P.O. Box 2965, Portland, announced at least 30 days in advance
Oregon 97208–2965. in the Federal Register and through

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Document Created: 2018-02-09 13:33:41
Document Modified: 2018-02-09 13:33:41

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 October 31, 2016.
Contact		Erin M. Gawera, telephone: (904) 731- 3121; email: [email protected]
FR Citation		81 FR 67376

81 FR 67376 - Endangered and Threatened Wildlife and Plants; Availability of Proposed Low-Effect Habitat Conservation Plans, Clay, Lake, Marion, and Putnam County, FL

DEPARTMENT OF THE INTERIORFish and Wildlife Service

Federal Register Volume 81, Issue 190 (September 30, 2016)

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service