82 FR 29092 - Endangered and Threatened Wildlife and Plants; Availability of Proposed Low-Effect Habitat Conservation Plan; Lakes at St. Sebastian Preserve, Brevard County, FL

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 82, Issue 122 (June 27, 2017)

We, the U.S. Fish and Wildlife Service (Service), have received an application for an incidental take permit (ITP) under the Endangered Species Act of 1973, as amended (Act). Atlantic Coast Paladin Estates, LLC and Micco Road Investments, LLC c/o the Kelsey Group are requesting a 10-year ITP. We request public comment on the permit application and accompanying proposed Lakes at St. Sebastian Preserve habitat conservation plan, as well as on our preliminary determination that the plan qualifies as low effect under the National Environmental Policy Act. To make this determination, we used our environmental action statement and low-effect screening form, which are also available for review.

[Federal Register Volume 82, Number 122 (Tuesday, June 27, 2017)]
[Notices]
[Pages 29092-29093]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-13404]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R4-ES-2017-N048; FXES11130400000EA-123-FF04EF1000]


Endangered and Threatened Wildlife and Plants; Availability of 
Proposed Low-Effect Habitat Conservation Plan; Lakes at St. Sebastian 
Preserve, Brevard County, FL

AGENCY: Fish and Wildlife Service, Interior.

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

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have 
received an application for an incidental take permit (ITP) under the 
Endangered Species Act of 1973, as amended (Act). Atlantic Coast 
Paladin Estates, LLC and Micco Road Investments, LLC c/o the Kelsey 
Group are requesting a 10-year

[[Page 29093]]

ITP. We request public comment on the permit application and 
accompanying proposed Lakes at St. Sebastian Preserve habitat 
conservation plan, as well as on our preliminary determination that the 
plan qualifies as low effect under the National Environmental Policy 
Act. 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 
July 27, 2017.

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]. Use ``Attn: Permit number TE-24376C-
0'' as your message subject line for Lakes at St. Sebastian Preserve.
    Fax: Field Supervisor, (904) 731-3191, Attn: Permit number 
TE24376C-0.
    U.S. mail: Field Supervisor, Jacksonville Ecological Services Field 
Office, Attn: Permit number TE-24376C-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: Tera Baird, telephone: (904) 731-3196; 
email: Tera [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

Lakes at St. Sebastian Preserve

    Atlantic Coast Paladin Estates, LLC and Micco Road Investments, LLC 
c/o the Kelsey Group are requesting take of approximately 99.85 acres 
of nesting and foraging habitat for the Audubon's crested caracara 
(Polyborus plancus audubonii), incidental to the construction of a 
residential development, and together they seek a 10-year permit. The 
project is located on 98 separate parcels (Tax Account Nos. 3010967-
3011065), located within Section 01, Township 30 South, Range 38 East 
in Brevard County, Florida. The applicants propose to mitigate for 
impacts to the species by protecting 20 acres of Audubon's crested 
caracara habitat within the Allen Broussard Conservancy. The applicants 
will also provide a $10,000 management endowment to ensure the 
continued success of managing these lands for two nesting pairs of 
Audubon's crested caracara.

Our Preliminary Determination

    We have determined that the applicants' proposal, including the 
proposed mitigation and minimization measures, would have minor or 
negligible effects on the species covered in the HCP. Therefore, our 
proposed issuance of the requested ITP qualifies as a categorical 
exclusion under the National Environmental Policy Act (NEPA), 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). 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 HCP and comments we receive to determine 
whether the ITP application meets 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 TE24376C-0. We will 
also evaluate whether issuance of the section 10(a)(1)(B) ITP 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 applicants.

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 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: March 21, 2017.
Jay B. Herrington,
Field Supervisor, Jacksonville Field Office, Southeast Region.
[FR Doc. 2017-13404 Filed 6-26-17; 8:45 am]
 BILLING CODE 4310-55-P