82_FR_12272 82 FR 12233 - Endangered and Threatened Wildlife and Plants; Availability of Proposed Low-Effect Habitat Conservation Plans, Lake and Volusia County, FL

82 FR 12233 - Endangered and Threatened Wildlife and Plants; Availability of Proposed Low-Effect Habitat Conservation Plans, Lake and Volusia County, FL

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 82, Issue 39 (March 1, 2017)

Page Range12233-12234
FR Document2017-03969

We, the Fish and Wildlife Service (Service), have received three applications for incidental take permits (ITPs) under the Endangered Species Act of 1973, as amended (Act), in Lake County, Florida. We request public comment on the permit applications and accompanying proposed habitat conservation plans (HCPs), as well as on our preliminary determination that the plans qualify as low-effect under the National Environmental Policy Act (NEPA). To make this determination, we used our environmental action statements and low- effect screening forms, which are also available for review.

Federal Register, Volume 82 Issue 39 (Wednesday, March 1, 2017) 
[Federal Register Volume 82, Number 39 (Wednesday, March 1, 2017)]
[Notices]
[Pages 12233-12234]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-03969]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R4-ES-2017-N020; FXES11130400000EA-123-FF04EF1000]


Endangered and Threatened Wildlife and Plants; Availability of 
Proposed Low-Effect Habitat Conservation Plans, Lake and Volusia 
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), have received 
three applications for incidental take permits (ITPs) under the 
Endangered Species Act of 1973, as amended (Act), in Lake County, 
Florida. We request public comment on the permit applications and 
accompanying proposed habitat conservation plans (HCPs), as well as on 
our preliminary determination that the plans qualify as low-effect 
under the National Environmental Policy Act (NEPA). To make this 
determination, we used our environmental action statements and low-
effect screening forms, which are also available for review.

DATES: To ensure consideration, please send your written comments by 
March 31, 2017.

ADDRESSES: If you wish to review the applications and HCPs, you may 
request documents by email, U.S. mail, or phone (see below). These 
documents are also available for public inspection by appointment 
during normal business hours at the office below. Send your comments or 
requests by any one of the following methods.
    Email: [email protected]. Use ``Attn: Permit number TE14817C-0'' 
for Mattamy Orlando, LLC (Postal Colony Property); ``Attn: Permit 
number TE14818C-0'' for Mattamy Orlando, LLC (Hartle Road Extension 
Property); and ``Attn: Permit number TE14819C-0'' for Duke Energy 
Florida, LLC.
    Fax: Field Supervisor, (904) 731-3191, Attn: Permit number [Insert 
permit number].
    U.S. mail: Field Supervisor, Jacksonville Ecological Services Field 
Office, Attn: Permit number [Insert permit number], U.S. Fish and 
Wildlife Service, 7915 Baymeadows Way, Suite 200, Jacksonville, FL 
32256.
    In-person drop-off: You may drop off information during regular 
business hours at the above office address.

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

SUPPLEMENTARY INFORMATION: We, the Fish and Wildlife Service (Service), 
have received three applications for incidental take permits (ITPs) 
under the Endangered Species Act of 1973, as amended (Act). Mattamy 
Orlando, LLC (Postal Colony Property) requests a 5-year ITP; Mattamy 
Orlando, LLC (Hartle Road Extension Property) requests a 5-year ITP; 
and Duke Energy Florida requests a 5-year ITP. We request public 
comment on the permit applications and accompanying proposed habitat 
conservation plans (HCPs), as well as on our preliminary determination 
that the plans qualify as low-effect under the National Environmental 
Policy Act (NEPA). To make this determination, we used our 
environmental action statement and low-effect screening form, which are 
also available for review.

Background

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

Applicants' Proposals

Mattamy Orlando, LLC (Postal Colony Property)

    Mattamy Orlando, LLC is requesting take of approximately .25 ac of 
occupied sand skink foraging and sheltering habitat incidental to 
installation of a water pipe trench, and they seek a 5-year permit. The 
.77-ac project is located north of John's Lake Road and east of Hancock 
Road, along Lost Lake Road within Sections 34, Township 22 South, and 
Range 26 East, Lake County, Florida. The project includes installation 
of a water pipe trench, and the impacts are considered temporary. The 
applicant proposes to mitigate for the take of the sand skink by the 
purchase of 0.02 mitigation credits within the Hatchineha Conservation 
Bank or another Service-approved sand skink bank.

Mattamy Orlando, LLC (Hartle Road Extension Property)

    Mattamy Orlando, LLC is requesting take of approximately 2.0 ac of 
occupied sand skink foraging and sheltering habitat incidental to 
construction of a road extension, and they seek a 5-year permit. The 
3.7-ac project is located on parcel numbers 09-22-26-110004200000 
within Sections 26 and 27, Township 22 South, Range 26 East, Lake 
County, Florida. The project includes construction of a road extension 
and the associated infrastructure, and landscaping. The applicant 
proposes to mitigate for the take of the sand skink by the purchase of 
4.0 mitigation credits within the Hatchineha Conservation Bank or 
another Service-approved sand skink bank.

Duke Energy Florida, LLC (Highbanks Substation)

    Duke Energy Florida, LLC is requesting take of approximately .48 
acres (ac) of occupied scrub-jay foraging

[[Page 12234]]

and sheltering habitat incidental to construction of an energy 
substation, and they seek a 5-year permit. The 27.7-ac project site is 
located on parcel number 802100000012 within Section 21, Township 18 
South, and Range 30 East, Volusia County, Florida. The project includes 
construction of a substation, access road, and transmission poles, and 
the associated clearing, infrastructure, and landscaping. The applicant 
proposes to mitigate for the take of the scrub-jay through the deposit 
of funds in the amount of $15,327 to the Nature Conservancy's 
Conservation Fund, for the management and conservation of the Florida 
scrub-jay based on Service Mitigation Guidelines.

Our Preliminary Determination

    We have determined that the applicants' proposals, including the 
proposed mitigation and minimization measures, would have minor or 
negligible effects on the species covered in their HCPs. Therefore, we 
determined that the ITPs for each of the applicants are ``low-effect'' 
projects and qualify for categorical exclusion under the National 
Environmental Policy Act (NEPA), as provided by the Department of the 
Interior Manual (516 DM 2 Appendix 1 and 516 DM 6 Appendix 1). A low-
effect HCP is one involving (1) Minor or negligible effects on 
federally listed or candidate species and their habitats, and (2) minor 
or negligible effects on other environmental values or resources.

Next Steps

    We will evaluate the HCPs and comments we receive to determine 
whether the ITP applications meet the requirements of section 10(a) of 
the Act (16 U.S.C. 1531 et seq.). If we determine that the applications 
meet these requirements, we will issue ITP numbers TE14817C-0, 
TE14818C-0, and TE14819C-0. We will also evaluate whether issuance of 
the section 10(a)(1)(B) ITPs complies with section 7 of the Act by 
conducting an intra-Service section 7 consultation. We will use the 
results of this consultation, in combination with the above findings, 
in our final analysis to determine whether or not to issue the ITPs. If 
the requirements are met, we will issue the permits to the applicants.

Public Comments

    If you wish to comment on the permit applications, HCPs, and 
associated documents, you may submit comments by any one of the methods 
in ADDRESSES.

Public Availability of Comments

    Before including your address, phone number, email address, or 
other personal identifying information in your comments, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

    Authority: We provide this notice under section 10 of the Act 
and NEPA regulations (40 CFR 1506.6).

    Dated: February 7, 2017.
Jay B. Herrington,
Field Supervisor, Jacksonville Field Office, Southeast Region.
[FR Doc. 2017-03969 Filed 2-28-17; 8:45 am]
BILLING CODE 4333-15-P

Federal Register / Vol. 82, No. 39 / Wednesday, March 1, 2017 / Notices 12233 API chapters Title DATES: To ensure consideration, please such conduct’’ (16 U.S.C. 1532). send your written comments by March However, under limited circumstances, 14 ................... Natural Gas Fluids Measure- 31, 2017. we issue permits to authorize incidental ment. ADDRESSES: If you wish to review the take—i.e., take that is incidental to, and 17 ................... Marine Measurement. not the purpose of, the carrying out of applications and HCPs, you may request documents by email, U.S. mail, or an otherwise lawful activity. Anyone wishing to employ this entity phone (see below). These documents are Regulations governing incidental take to conduct gauger services should also available for public inspection by permits for threatened and endangered request and receive written assurances appointment during normal business species are at 50 CFR 17.32 and 17.22, from the entity that it is approved by the hours at the office below. Send your respectively. The Act’s take prohibitions U.S. Customs and Border Protection to comments or requests by any one of the do not apply to federally listed plants conduct the specific gauger service following methods. on private lands unless such take would requested. Alternatively, inquiries Email: northflorida@fws.gov. Use violate State law. In addition to meeting regarding the specific gauger service this ‘‘Attn: Permit number TE14817C–0’’ for other criteria, an incidental take entity is approved to perform may be Mattamy Orlando, LLC (Postal Colony permit’s proposed actions must not directed to the U.S. Customs and Border Property); ‘‘Attn: Permit number jeopardize the existence of federally Protection by calling (202) 344–1060. TE14818C–0’’ for Mattamy Orlando, listed fish, wildlife, or plants. The inquiry may also be sent to LLC (Hartle Road Extension Property); CBPGaugersLabs@cbp.dhs.gov. Please Applicants’ Proposals and ‘‘Attn: Permit number TE14819C– reference the Web site listed below for 0’’ for Duke Energy Florida, LLC. Mattamy Orlando, LLC (Postal Colony a complete listing of CBP approved Fax: Field Supervisor, (904) 731– Property) gaugers and accredited laboratories. 3191, Attn: Permit number [Insert Mattamy Orlando, LLC is requesting http://www.cbp.gov/about/labs- permit number]. take of approximately .25 ac of occupied scientific/commercial-gaugers-and- U.S. mail: Field Supervisor, sand skink foraging and sheltering laboratories. Jacksonville Ecological Services Field habitat incidental to installation of a Dated: February 23, 2017. Office, Attn: Permit number [Insert water pipe trench, and they seek a 5- Ira S. Reese, permit number], U.S. Fish and Wildlife year permit. The .77-ac project is Executive Director, Laboratories and Service, 7915 Baymeadows Way, Suite located north of John’s Lake Road and Scientific Services Directorate. 200, Jacksonville, FL 32256. east of Hancock Road, along Lost Lake [FR Doc. 2017–03994 Filed 2–28–17; 8:45 am] In-person drop-off: You may drop off Road within Sections 34, Township 22 information during regular business South, and Range 26 East, Lake County, BILLING CODE 9111–14–P hours at the above office address. Florida. The project includes FOR FURTHER INFORMATION CONTACT: Erin installation of a water pipe trench, and M. Gawera, telephone: (904) 731–3121; the impacts are considered temporary. DEPARTMENT OF THE INTERIOR email: erin_gawera@fws.gov. The applicant proposes to mitigate for SUPPLEMENTARY INFORMATION: We, the the take of the sand skink by the Fish and Wildlife Service Fish and Wildlife Service (Service), purchase of 0.02 mitigation credits have received three applications for within the Hatchineha Conservation [FWS–R4–ES–2017–N020; incidental take permits (ITPs) under the Bank or another Service-approved sand FXES11130400000EA–123–FF04EF1000] Endangered Species Act of 1973, as skink bank. amended (Act). Mattamy Orlando, LLC Endangered and Threatened Wildlife (Postal Colony Property) requests a 5- Mattamy Orlando, LLC (Hartle Road and Plants; Availability of Proposed year ITP; Mattamy Orlando, LLC (Hartle Extension Property) Low-Effect Habitat Conservation Plans, Road Extension Property) requests a 5- Mattamy Orlando, LLC is requesting Lake and Volusia County, FL year ITP; and Duke Energy Florida take of approximately 2.0 ac of occupied requests a 5-year ITP. We request public sand skink foraging and sheltering AGENCY: Fish and Wildlife Service, habitat incidental to construction of a comment on the permit applications Interior. road extension, and they seek a 5-year and accompanying proposed habitat ACTION:Notice of availability; request conservation plans (HCPs), as well as on permit. The 3.7-ac project is located on for comment/information. our preliminary determination that the parcel numbers 09–22–26– plans qualify as low-effect under the 110004200000 within Sections 26 and SUMMARY: We, the Fish and Wildlife National Environmental Policy Act 27, Township 22 South, Range 26 East, Service (Service), have received three (NEPA). To make this determination, we Lake County, Florida. The project applications for incidental take permits used our environmental action includes construction of a road (ITPs) under the Endangered Species statement and low-effect screening form, extension and the associated Act of 1973, as amended (Act), in Lake which are also available for review. infrastructure, and landscaping. The County, Florida. We request public applicant proposes to mitigate for the comment on the permit applications Background take of the sand skink by the purchase and accompanying proposed habitat Section 9 of the Act (16 U.S.C. 1531 of 4.0 mitigation credits within the conservation plans (HCPs), as well as on et seq.) and our implementing Federal asabaliauskas on DSK3SPTVN1PROD with NOTICES Hatchineha Conservation Bank or our preliminary determination that the regulations in the Code of Federal another Service-approved sand skink plans qualify as low-effect under the Regulations (CFR) at 50 CFR 17 prohibit bank. National Environmental Policy Act the ‘‘take’’ of fish or wildlife species (NEPA). To make this determination, we listed as endangered or threatened. Take Duke Energy Florida, LLC (Highbanks used our environmental action of listed fish or wildlife is defined under Substation) statements and low-effect screening the Act as ‘‘to harass, harm, pursue, Duke Energy Florida, LLC is forms, which are also available for hunt, shoot, wound, kill, trap, capture, requesting take of approximately .48 review. or collect, or to attempt to engage in any acres (ac) of occupied scrub-jay foraging VerDate Sep<11>2014 18:09 Feb 28, 2017 Jkt 241001 PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 E:\FR\FM\01MRN1.SGM 01MRN1

12234 Federal Register / Vol. 82, No. 39 / Wednesday, March 1, 2017 / Notices and sheltering habitat incidental to Public Availability of Comments $18 per card will be retroactively construction of an energy substation, Before including your address, phone effective 10/1/2016. A credit of $3 per and they seek a 5-year permit. The 27.7- number, email address, or other card will be issued to all gaming ac project site is located on parcel personal identifying information in your operations which submitted fingerprint number 802100000012 within Section comments, you should be aware that cards to the NIGC between 10/1/2016 21, Township 18 South, and Range 30 your entire comment—including your and 2/28/2017. East, Volusia County, Florida. The personal identifying information—may FOR FURTHER INFORMATION CONTACT: project includes construction of a be made publicly available at any time. Yvonne Lee, National Indian Gaming substation, access road, and While you can ask us in your comment Commission, 1849 C Street NW., Mail transmission poles, and the associated to withhold your personal identifying Stop #1621, Washington, DC 20240; clearing, infrastructure, and information from public review, we telephone (202) 632–7003; fax (202) landscaping. The applicant proposes to cannot guarantee that we will be able to 632–7066. mitigate for the take of the scrub-jay do so. SUPPLEMENTARY INFORMATION: The through the deposit of funds in the Indian Gaming Regulatory Act (IGRA) amount of $15,327 to the Nature Authority: We provide this notice under section 10 of the Act and NEPA regulations established the National Indian Gaming Conservancy’s Conservation Fund, for (40 CFR 1506.6). Commission, which is charged with the management and conservation of the regulating gaming on Indian lands. Florida scrub-jay based on Service Dated: February 7, 2017. Commission regulations (25 CFR 514) Mitigation Guidelines. Jay B. Herrington, provide for a system of fee assessment Field Supervisor, Jacksonville Field Office, and payment that is self-administered Our Preliminary Determination Southeast Region. by gaming operations. Pursuant to those We have determined that the [FR Doc. 2017–03969 Filed 2–28–17; 8:45 am] regulations, the Commission is required applicants’ proposals, including the BILLING CODE 4333–15–P to adopt and communicate assessment proposed mitigation and minimization rates and the gaming operations are measures, would have minor or required to apply those rates to their negligible effects on the species covered NATIONAL INDIAN GAMING revenues, compute the fees to be paid, in their HCPs. Therefore, we determined COMMISSION report the revenues, and remit the fees that the ITPs for each of the applicants to the Commission. All gaming are ‘‘low-effect’’ projects and qualify for 2017 Preliminary Fee Rate and operations within the jurisdiction of the categorical exclusion under the National Fingerprint Fees Commission are required to self- Environmental Policy Act (NEPA), as administer the provisions of these AGENCY: National Indian Gaming regulations, and report and pay any fees provided by the Department of the Commission. Interior Manual (516 DM 2 Appendix 1 that are due to the Commission. ACTION: Notice. Pursuant to 25 CFR 514, the and 516 DM 6 Appendix 1). A low-effect HCP is one involving (1) Minor or SUMMARY: Notice is hereby given that Commission must also review regularly negligible effects on federally listed or the National Indian Gaming the costs involved in processing candidate species and their habitats, Commission has adopted its 2017 fingerprint cards and set a fee based on and (2) minor or negligible effects on preliminary annual fee rates of 0.00% fees charged by the Federal Bureau of other environmental values or for tier 1 and 0.062% (.00062) for tier 2, Investigation and costs incurred by the resources. which remain the same as the 2016 final Commission. Commission costs include fee rates. The tier 2 annual fee rate Commission personnel, supplies, Next Steps equipment costs, and postage to submit represents the lowest fee rate adopted We will evaluate the HCPs and by the Commission since 2010. These the results to the requesting tribe. comments we receive to determine rates shall apply to all assessable gross Dated: February 24, 2017. whether the ITP applications meet the revenues from each gaming operation Jonodev O. Chaudhuri, requirements of section 10(a) of the Act under the jurisdiction of the Chairman. (16 U.S.C. 1531 et seq.). If we determine Commission. If a tribe has a certificate Kathryn C. Isom-Clause, that the applications meet these of self-regulation under 25 CFR part Vice Chair. requirements, we will issue ITP 518, the 2017 preliminary fee rate on E. Sequoyah Simermeyer, numbers TE14817C–0, TE14818C–0, Class II revenues shall be 0.031% Associate Commissioner. and TE14819C–0. We will also evaluate (.00031) which is one-half of the annual [FR Doc. 2017–03978 Filed 2–28–17; 8:45 am] whether issuance of the section fee rate. The preliminary fee rates being BILLING CODE 7565–01–P 10(a)(1)(B) ITPs complies with section 7 adopted here are effective March 1, of the Act by conducting an intra- 2017, and will remain in effect until Service section 7 consultation. We will new rates are adopted. use the results of this consultation, in The National Indian Gaming INTERNATIONAL TRADE combination with the above findings, in Commission has also adopted its 2017 COMMISSION our final analysis to determine whether preliminary fingerprint processing fees [Investigation No. 731–TA–472 (Fourth or not to issue the ITPs. If the of $18 per card. The new fees represent Review)] requirements are met, we will issue the a $3 decrease from the current asabaliauskas on DSK3SPTVN1PROD with NOTICES permits to the applicants. fingerprint processing fees of $21 per Silicon Metal From China; Institution of card which has been in effect since 3/ a Five-Year Review Public Comments 1/2015. The decrease is attributable to AGENCY: United States International If you wish to comment on the permit the lower fingerprint processing fee Trade Commission. applications, HCPs, and associated charged by the Federal Bureau of ACTION: Notice. documents, you may submit comments Investigation as a result of the fee study by any one of the methods in conducted by the Department of Justice. SUMMARY: The Commission hereby gives ADDRESSES. This new fingerprint processing fees of notice that it has instituted a review VerDate Sep<11>2014 18:09 Feb 28, 2017 Jkt 241001 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 E:\FR\FM\01MRN1.SGM 01MRN1


Document Created: 2017-03-01 03:39:18
Document Modified: 2017-03-01 03:39:18
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 comment/information.
DatesTo ensure consideration, please send your written comments by March 31, 2017.
ContactErin M. Gawera, telephone: (904) 731- 3121; email: [email protected]
FR Citation82 FR 12233 
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