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)

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, 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.

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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