82 FR 14908 - Endangered and Threatened Wildlife and Plants; Incidental Take Permit Application and Environmental Assessment for Commercial Mixed-Use Development; Miami-Dade County, FL

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 82, Issue 55 (March 23, 2017)

Page Range		14908-14910
FR Document		2017-05767

Under the Endangered Species Act of 1973, as amended (Act), we, the U.S. Fish and Wildlife Service, announce the receipt and availability of a proposed habitat conservation plan and accompanying documents related to an application from four applicants for a permit associated with construction of the Coral Reef Commons mixed-use development (project) in Miami-Dade County, Florida. If issued, the permit would authorize take of three federally listed species, one Federal candidate, and two State-listed species, incidental to project development, occupation, and use. We invite the public to comment on these documents.

Federal Register, Volume 82 Issue 55 (Thursday, March 23, 2017)

[Federal Register Volume 82, Number 55 (Thursday, March 23, 2017)]
[Notices]
[Pages 14908-14910]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-05767]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R4-ES-2016-N223]; [FXES11140400000-178-FF04E00000]


Endangered and Threatened Wildlife and Plants; Incidental Take 
Permit Application and Environmental Assessment for Commercial Mixed-
Use Development; Miami-Dade County, FL

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comments.

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

SUMMARY: Under the Endangered Species Act of 1973, as amended (Act),

[[Page 14909]]

we, the U.S. Fish and Wildlife Service, announce the receipt and 
availability of a proposed habitat conservation plan and accompanying 
documents related to an application from four applicants for a permit 
associated with construction of the Coral Reef Commons mixed-use 
development (project) in Miami-Dade County, Florida. If issued, the 
permit would authorize take of three federally listed species, one 
Federal candidate, and two State-listed species, incidental to project 
development, occupation, and use. We invite the public to comment on 
these documents.

DATES: To ensure consideration, please send your written comments by 
May 22, 2017.

ADDRESSES: Obtaining Documents: Documents are available for public 
inspection by appointment during regular business hours at either of 
the following locations:
     Atlanta Regional Office, Ecological Services, U.S. Fish 
and Wildlife Service, 1875 Century Boulevard, Atlanta, GA 30345.
     South Florida Ecological Services Office, U.S. Fish and 
Wildlife Service, 1339 20th Street, Vero Beach, FL 32960.
    Submitting Comments: Submit comments by one of the following 
methods. Please reference TE15009C-0 in all comments. For additional 
guidance, please see Public Comments under SUPPLEMENTARY INFORMATION.
    U.S. mail: You may mail comments to the Fish and Wildlife Service's 
Atlanta Regional Office.
    Hand-delivery: You may hand-deliver comments to the Atlanta or the 
Vero Beach Office.
    Email: You may email comments to [email protected]. Please include 
your name and return address in your email message. If you do not 
receive a confirmation from us that we have received your email 
message, contact us directly at either telephone number in FOR FURTHER 
INFORMATION CONTACT.

FOR FURTHER INFORMATION CONTACT: Mr. David Dell, Regional HCP 
Coordinator, Atlanta (see ADDRESSES), telephone: 404-679-7313; or 
Ashleigh Blackford, Supervisory Wildlife Biologist, at the South 
Florida Ecological Services Office (see ADDRESSES), telephone: 772-469-
4246. If you use a telecommunications device for the deaf (TDD), please 
call the Federal Relay Service at 800-877-8339.

SUPPLEMENTARY INFORMATION: Under the Endangered Species Act of 1973, as 
amended (Act), we, the U.S. Fish and Wildlife Service, announce the 
receipt and availability of a proposed habitat conservation plan (HCP), 
accompanying incidental take permit (ITP) application, and 
environmental assessment (EA) related to an application from Coral Reef 
Retail LLC, Coral Reef Residential Phase I LLC, Ramdev LLC, and the 
University of Miami (applicants) for a permit associated with 
construction of the Coral Reef Commons mixed-use development (project) 
in Miami-Dade County, Florida. We invite the public to comment on these 
documents.
    The applicants' proposed HCP describes the mitigation and 
minimization measures proposed to address the impacts to the covered 
species. Per the National Environmental Policy Act (42 U.S.C. 4321 et 
seq.; NEPA), the EA analyzes the take of the covered species and the 
environment. The applicants request a 30-year ITP under section 
10(a)(1)(B) of the Act, as amended (16 U.S.C. 1531 et seq.).

Covered Species

    The covered species are the following:
    Federally listed as endangered: Bartram's scrub-hairstreak 
butterfly (Strymon acis bartrami), Florida leafwing butterfly (Anaea 
troglodyta floridalis), Florida bonneted bat (Eumops floridanus), and 
Miami tiger beetle (Cicindela scabrosa floridana).
    Federally listed as threatened: Eastern indigo snake (Drymarchon 
corais cooperi).
    Federal candidate: Gopher tortoise (Gopherus polyphemus).
    State-listed: Rim rock crowned snake (Tantilla oolitica) and white-
crowned pigeon (Patagioenas leucocephala).
    Because the project would likely have adverse effects on several 
plant species, the HCP includes conservation measures for the following 
plant species:
    Federally listed as endangered: Tiny polygala (Polygala smallii), 
deltoid spurge (Chamaesyce deltoidea), crenulate lead-plant (Amorpha 
crenulata), Florida brickell bush (Brickelia mosieri), Small's milkpea 
(Galactia smallii), and Carter's small-flowered flax (Linum carteri 
var. carteri).
    Federally listed as threatened: Garber's spurge (Chamaesyce 
garberi).
    Federal candidates: Sand flax (Linum arenicola), Blodgett's silver 
bush (Argythamnia blodgettii), Florida prairie clover (Dalea 
carthagenensis var. floridana), Florida pineland crabgrass (Digitaria 
pauciflora), Everglades bully (Sideroxylon reclinatum ssp. 
austrofloridense), and Florida bristle fern (Trichomanes punctatum ssp. 
floridanum).
    State-listed: Clamshell orchid (Encyclia cochleata var. triandra).

Environmental Assessment

    The EA assesses the likely environmental impacts associated with 
the project, including the environmental consequences of the no-action 
and the proposed action alternatives. The proposed action alternative 
is issuance of the ITP and implementation of the HCP as submitted by 
the applicants. The HCP area is comprised of a 137.9-acre tract, of 
which 86.49 acres are proposed for development, in addition to a 
separate 50.96-acre tract proposed for off-site mitigation. These 
tracts lie in an area known as the Richmond Pine Rocklands. 
Construction of the project would impact 86.49 acres of pine rockland 
habitat and would take covered species that occupy the area.

Habitat Conservation Plan

    The minimization and mitigation measures proposed in the HCP 
include the setting aside and maintenance of 51.41 acres of 
conservation areas within the 137.9-acre tract, supplemented by 3.88 
acres of intermediate conservation ``stepping stones'' to provide for 
movement of covered species among the conservation areas. In addition 
to the conservation areas, the 50.96-acre tract would serve as off-site 
mitigation and be protected and maintained as habitat for the covered 
species. The conservation and off-site mitigation areas would be 
managed by prescribed fire, other vegetation control measures, and 
removal of exotic invasive species. The areas also would be protected, 
as appropriate, by association covenants, deed restrictions, and/or 
conservation easements.

Public Comments

    We specifically request information, views, and opinions from the 
public on our proposed Federal action, including identification of any 
other aspects of or impacts to the human environment not already 
identified in the EA prepared pursuant to the NEPA regulations at 40 
CFR 1506.6. Further, we specifically solicit information regarding the 
adequacy of the HCP per 50 CFR parts 13 and 17.
    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--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.

[[Page 14910]]

Covered Area

    The covered species historically occurred in the Richmond pine 
rockland habitats. Portions of the HCP covered area consist of pine 
rockland habitat that is either currently occupied by the covered 
species or suitable for restoration as habitat for the species.

Next Steps

    We will evaluate the ITP application, including the HCP, and any 
comments we receive to determine whether the application meets the 
requirements of section 10(a)(1)(B) of the Act. We will also evaluate 
whether a section 10(a)(1)(B) ITP should be issued, as well as conduct 
an intra-Service consultation pursuant to section 7 of the Act. We will 
use the results of this consultation and the above findings in our 
final analysis to determine whether to issue the ITP. If we determine 
that the requirements are met, we will issue the ITP for incidental 
take of the covered species.

Authority

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

    Dated: March 3, 2017.
Mike Oetker,
Acting Regional Director.
[FR Doc. 2017-05767 Filed 3-22-17; 8:45 am]
 BILLING CODE 4333-15-P

Federal Register / Vol. 82, No. 55 / Thursday, March 23, 2017 / Notices 14909

we, the U.S. Fish and Wildlife Service, related to an application from Coral Reef Environmental Assessment
announce the receipt and availability of Retail LLC, Coral Reef Residential Phase
a proposed habitat conservation plan I LLC, Ramdev LLC, and the University The EA assesses the likely
and accompanying documents related to of Miami (applicants) for a permit environmental impacts associated with
an application from four applicants for associated with construction of the the project, including the environmental
a permit associated with construction of Coral Reef Commons mixed-use consequences of the no-action and the
the Coral Reef Commons mixed-use development (project) in Miami-Dade proposed action alternatives. The
development (project) in Miami-Dade County, Florida. We invite the public to proposed action alternative is issuance
County, Florida. If issued, the permit comment on these documents. of the ITP and implementation of the
would authorize take of three federally HCP as submitted by the applicants. The
The applicants’ proposed HCP HCP area is comprised of a 137.9-acre
listed species, one Federal candidate, describes the mitigation and
and two State-listed species, incidental tract, of which 86.49 acres are proposed
minimization measures proposed to for development, in addition to a
to project development, occupation, and address the impacts to the covered
use. We invite the public to comment on separate 50.96-acre tract proposed for
species. Per the National Environmental off-site mitigation. These tracts lie in an
these documents. Policy Act (42 U.S.C. 4321 et seq.; area known as the Richmond Pine
DATES: To ensure consideration, please NEPA), the EA analyzes the take of the Rocklands. Construction of the project
send your written comments by May 22, covered species and the environment. would impact 86.49 acres of pine
2017. The applicants request a 30-year ITP rockland habitat and would take
ADDRESSES: Obtaining Documents: under section 10(a)(1)(B) of the Act, as covered species that occupy the area.
Documents are available for public amended (16 U.S.C. 1531 et seq.).
inspection by appointment during Habitat Conservation Plan
Covered Species
regular business hours at either of the
The minimization and mitigation
following locations: The covered species are the following:
• Atlanta Regional Office, Ecological measures proposed in the HCP include
Federally listed as endangered: the setting aside and maintenance of
Services, U.S. Fish and Wildlife Service, Bartram’s scrub-hairstreak butterfly
1875 Century Boulevard, Atlanta, GA 51.41 acres of conservation areas within
(Strymon acis bartrami), Florida the 137.9-acre tract, supplemented by
30345. leafwing butterfly (Anaea troglodyta
• South Florida Ecological Services 3.88 acres of intermediate conservation
floridalis), Florida bonneted bat ‘‘stepping stones’’ to provide for
Office, U.S. Fish and Wildlife Service, (Eumops floridanus), and Miami tiger
1339 20th Street, Vero Beach, FL 32960. movement of covered species among the
beetle (Cicindela scabrosa floridana). conservation areas. In addition to the
Submitting Comments: Submit
comments by one of the following Federally listed as threatened: Eastern conservation areas, the 50.96-acre tract
methods. Please reference TE15009C–0 indigo snake (Drymarchon corais would serve as off-site mitigation and be
in all comments. For additional cooperi). protected and maintained as habitat for
guidance, please see Public Comments Federal candidate: Gopher tortoise the covered species. The conservation
under SUPPLEMENTARY INFORMATION. (Gopherus polyphemus). and off-site mitigation areas would be
U.S. mail: You may mail comments to State-listed: Rim rock crowned snake managed by prescribed fire, other
the Fish and Wildlife Service’s Atlanta (Tantilla oolitica) and white-crowned vegetation control measures, and
Regional Office. pigeon (Patagioenas leucocephala). removal of exotic invasive species. The
Hand-delivery: You may hand-deliver areas also would be protected, as
Because the project would likely have appropriate, by association covenants,
comments to the Atlanta or the Vero adverse effects on several plant species,
Beach Office. deed restrictions, and/or conservation
the HCP includes conservation easements.
Email: You may email comments to measures for the following plant
david_dell@fws.gov. Please include your species: Public Comments
name and return address in your email
message. If you do not receive a Federally listed as endangered: Tiny We specifically request information,
confirmation from us that we have polygala (Polygala smallii), deltoid views, and opinions from the public on
received your email message, contact us spurge (Chamaesyce deltoidea), our proposed Federal action, including
directly at either telephone number in crenulate lead-plant (Amorpha identification of any other aspects of or
FOR FURTHER INFORMATION CONTACT. crenulata), Florida brickell bush impacts to the human environment not
(Brickelia mosieri), Small’s milkpea already identified in the EA prepared
FOR FURTHER INFORMATION CONTACT: Mr.
(Galactia smallii), and Carter’s small- pursuant to the NEPA regulations at 40
David Dell, Regional HCP Coordinator,
flowered flax (Linum carteri var. CFR 1506.6. Further, we specifically
Atlanta (see ADDRESSES), telephone:
carteri). solicit information regarding the
404–679–7313; or Ashleigh Blackford,
Supervisory Wildlife Biologist, at the Federally listed as threatened: adequacy of the HCP per 50 CFR parts
South Florida Ecological Services Office Garber’s spurge (Chamaesyce garberi). 13 and 17.
(see ADDRESSES), telephone: 772–469– Federal candidates: Sand flax (Linum Before including your address, phone
4246. If you use a telecommunications arenicola), Blodgett’s silver bush number, email address, or other
device for the deaf (TDD), please call the (Argythamnia blodgettii), Florida prairie personal identifying information in your
Federal Relay Service at 800–877–8339. clover (Dalea carthagenensis var. comment, you should be aware that
SUPPLEMENTARY INFORMATION: Under the floridana), Florida pineland crabgrass your entire comment—including your
sradovich on DSK3GMQ082PROD with NOTICES

Endangered Species Act of 1973, as (Digitaria pauciflora), Everglades bully personal identifying information—may
amended (Act), we, the U.S. Fish and (Sideroxylon reclinatum ssp. be made publicly available at any time.
Wildlife Service, announce the receipt austrofloridense), and Florida bristle While you can ask us in your comment
and availability of a proposed habitat fern (Trichomanes punctatum ssp. to withhold your personal identifying
conservation plan (HCP), accompanying floridanum). information from public review, we
incidental take permit (ITP) application, State-listed: Clamshell orchid cannot guarantee that we will be able to
and environmental assessment (EA) (Encyclia cochleata var. triandra). do so.

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14910 Federal Register / Vol. 82, No. 55 / Thursday, March 23, 2017 / Notices

Covered Area Crow Creek Sioux Tribe and the State of Cowlitz Tribal Liquor Ordinance by
The covered species historically South Dakota have reached an Ordinance No. 16–02 dated October 27,
occurred in the Richmond pine agreement to extend the expiration of 2016.
rockland habitats. Portions of the HCP their existing Tribal-State Class III Dated: March 15, 2017.
covered area consist of pine rockland gaming compact until June 28, 2017. Michael S. Black,
habitat that is either currently occupied This publishes notice of the new
Acting Assistant Secretary—Indian Affairs.
by the covered species or suitable for expiration date of the compact.
restoration as habitat for the species. Dated: March 13, 2017. SECTION 1.—INTRODUCTION
Michael S. Black, 1.1 Authority
Next Steps
Acting Assistant Secretary—Indian Affairs.
We will evaluate the ITP application, This ordinance is enacted pursuant to
[FR Doc. 2017–05813 Filed 3–22–17; 8:45 am]
including the HCP, and any comments the Act of August 15, 1953, 67 Stat. 586,
BILLING CODE 4337–15–P
we receive to determine whether the codified at 18 U.S.C. 1161, by the
application meets the requirements of authority of the Cowlitz Tribal Council
section 10(a)(1)(B) of the Act. We will enumerated in Article VIII of the
DEPARTMENT OF THE INTERIOR
also evaluate whether a section Constitution of the Cowlitz Tribe of
10(a)(1)(B) ITP should be issued, as well Bureau of Indian Affairs Indians to enact legislation and regulate
as conduct an intra-Service consultation activities of businesses operating on the
pursuant to section 7 of the Act. We will [178A2100DD/AAKC001030/ Tribe’s lands, and in conformity with
A0A501010.999900 253G] applicable Washington State laws and
use the results of this consultation and
the above findings in our final analysis Cowlitz Indian Tribe Liquor Ordinance all attendant agreements with the State
to determine whether to issue the ITP. of Washington.
If we determine that the requirements AGENCY: Bureau of Indian Affairs,
1.2 Purpose
are met, we will issue the ITP for Interior.
incidental take of the covered species. ACTION: Notice. The purpose of this ordinance is to
regulate and control the possession,
Authority SUMMARY: This notice publishes the sale, manufacture, and distribution of
We provide this notice under section liquor ordinance of the Cowlitz Indian liquor within the Tribe’s reservation,
10 of the Act (16 U.S.C. 1531 et seq.) Tribe. The liquor ordinance regulates trust lands, and all Indian Country as
and NEPA regulations (40 CFR 1506.6). and controls the possession, sale, defined in 18 U.S.C. 1151, in order to
manufacture, and distribution of alcohol permit alcohol sales by tribally owned
Dated: March 3, 2017.
in conformity with the laws of the State and operated enterprises and lessees
Mike Oetker,
of Washington. Enactment of this and at other tribally approved special
Acting Regional Director. ordinance will help provide a source of events. The enactment of this ordinance
[FR Doc. 2017–05767 Filed 3–22–17; 8:45 am] revenue to strengthen Tribal will increase the ability of the Cowlitz
BILLING CODE 4333–15–P government, provide for the economic Tribe to control the manufacture,
viability of Tribal enterprises, and distribution, sale, and possession of
improve delivery of Tribal government liquor on the Tribe’s lands and will
DEPARTMENT OF THE INTERIOR services. provide an important source of revenue
Bureau of Indian Affairs DATES: This code shall become effective for the continued operation and
March 23, 2017. strengthening of the Cowlitz tribal
[178A2100DD/AAKC001030/ FOR FURTHER INFORMATION CONTACT: Mr. government, the delivery of tribal
A0A501010.999900253G]
Greg Norton, Tribal Government governmental services, and the
Indian Gaming; Extension of Tribal- Specialist, Northwest Regional Office, economic viability of tribal enterprises.
State Class III Gaming Compact (Crow Bureau of Indian Affairs, 911 NE 11th
1.3 Short Title
Creek Sioux Tribe and the State of Avenue, Portland, Oregon 97232,
South Dakota) Telephone: (503) 231–6702, Fax: (503) This shall be known as the ‘‘Cowlitz
231–2201. Tribal Liquor Ordinance’’ and shall be
AGENCY: Bureau of Indian Affairs, SUPPLEMENTARY INFORMATION: Pursuant codified as Ordinance No. 16–02 of the
Interior. to the Act of August 15, 1953, Public Cowlitz Tribal Code.
ACTION: Notice. Law 83–277, 67 Stat. 586, 18 U.S.C. 1.4 Jurisdiction
1161, as interpreted by the Supreme
SUMMARY: This notice announces the This ordinance shall apply to all
Court in Rice v. Rehner, 463 U.S. 713
extension of the Class III gaming lands now or in the future under the
(1983), the Secretary of the Interior shall
compact between the Crow Creek Sioux governmental authority of the Tribe,
certify and publish in the Federal
Tribe and the State of South Dakota. including the Tribe’s reservation, trust
Register notice of adopted liquor
DATES: Effective March 23, 2017. ordinances for the purpose of regulating lands, and Indian Country as defined
FOR FURTHER INFORMATION CONTACT: Ms. liquor transactions in Indian country. under 18 U.S.C. 1151.
Paula L. Hart, Director, Office of Indian The Tribal Council of the Cowlitz
Gaming, Office of the Assistant 1.5 Application of 18 U.S.C. 1161
Indian Tribe duly adopted the Cowlitz
Secretary—Indian Affairs, Washington, By adopting this Ordinance, the Tribe
sradovich on DSK3GMQ082PROD with NOTICES

Tribal Liquor Ordinance on October 27,
DC 20240, (202) 219–4066. 2016. hereby regulates the sale,
SUPPLEMENTARY INFORMATION: An This notice is published in manufacturing, distribution, possession,
extension to an existing tribal-state accordance with the authority delegated and consumption of liquor while
Class III gaming compact does not by the Secretary of the Interior to the ensuring that such activity conforms
require approval by the Secretary if the Assistant Secretary—Indian Affairs. I with applicable laws of the State of
extension does not modify any other certify that the Tribal Council of the Washington as required by 18 U.S.C.
terms of the compact. 25 CFR 293.5. The Cowlitz Indian Tribe duly adopted the 1161 and the United States.

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Document Created: 2017-03-23 02:45:59
Document Modified: 2017-03-23 02:45:59

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 comments.
Dates		To ensure consideration, please send your written comments by May 22, 2017.
Contact		Mr. David Dell, Regional HCP
FR Citation		82 FR 14908

82 FR 14908 - Endangered and Threatened Wildlife and Plants; Incidental Take Permit Application and Environmental Assessment for Commercial Mixed-Use Development; Miami-Dade County, FL

DEPARTMENT OF THE INTERIORFish and Wildlife Service

Federal Register Volume 82, Issue 55 (March 23, 2017)

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service