82 FR 55855 - Endangered and Threatened Wildlife and Plants; Availability of Proposed Low-Effect Habitat Conservation Plan for the Florida Scrub-Jay, Volusia, County, FL

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 82, Issue 225 (November 24, 2017)

Page Range		55855-55856
FR Document		2017-25249

We, the Fish and Wildlife Service (Service), have received an application for incidental take permit (ITP) under the Endangered Species Act of 1973, as amended (ACT). Orange Dale Venture, LLC, (Applicant) is requesting a 10-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 82 Issue 225 (Friday, November 24, 2017)

[Federal Register Volume 82, Number 225 (Friday, November 24, 2017)]
[Notices]
[Pages 55855-55856]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-25249]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R4-ES-2017-N099; FXES11130400000EA-123-FF04EF1000]


Endangered and Threatened Wildlife and Plants; Availability of 
Proposed Low-Effect Habitat Conservation Plan for the Florida Scrub-
Jay, Volusia, County, FL

AGENCY: Fish and Wildlife Service, Interior.

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

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

SUMMARY: We, the Fish and Wildlife Service (Service), have received an 
application for incidental take permit (ITP) under the Endangered 
Species Act of 1973, as amended (ACT). Orange Dale Venture, LLC, 
(Applicant) is requesting a 10-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 
December 26, 2017.

ADDRESSES: If you wish to review the application and HCP, you may 
request the 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: northflorida@fws.gov. Use ``Attn: Permit number TE39111C-
0.''
    Fax: Field Supervisor, (904) 731-3191, ``Attn: Permit number 
TE39111C-0.''
    U.S. mail: Field Supervisor, Jacksonville Ecological Services Field 
Office, Attn: Permit number TE39111C-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: erin_gawera@fws.gov.

SUPPLEMENTARY INFORMATION:

Background

    Section 9 of the Act and our implementing regulations in the Code 
of

[[Page 55856]]

Federal Regulations (CFR) at 50 CFR part 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(19)). 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 
ESA'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.

Applicant's Proposal

    Orange Dale Venture, LLC, is requesting a 10-year ITP to take 
approximately 5 acres (ac) of occupied scrub-jay foraging and 
sheltering habitat incidental to construction of an energy substation. 
The 161.6-ac project site is located approximately 0.5 miles northwest 
of the intersection of Veterans Memorial Parkway and Saxon Boulevard 
within Section 14, Township 18 South, Range 30 East, Volusia County, 
Florida. The project includes construction of a residential and 
commercial development, and the associated clearing, infrastructure, 
and landscaping. The Applicant proposes to mitigate for the take of the 
scrub-jay, based on Service Mitigation Guidelines, by contributing 
funds in the amount of $209,220.00 to the Nature Conservancy's 
Conservation Fund for the management and conservation of the Florida 
scrub-jay.

Our Preliminary Determination

    We have determined that the Applicant's proposal, including the 
proposed mitigation and minimization measures, would have minor or 
negligible effects on the species covered in the HCP. 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 HCP and comments we receive to determine 
whether the ITP application meets the requirements of section 10(a) of 
the Act. We will also evaluate whether issuance of the ITP complies 
with section 7 of the ESA by conducting an intra-Service 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 issue ITP 
number TE39111C-0 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 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.

Authority

    We provide this notice under section 10 of the ESA and NEPA 
regulation 40 CFR 1506.6.

    Dated: October 3, 2017.
Jay B. Herrington,
Field Supervisor, Jacksonville Field Office, Southeast Region.
[FR Doc. 2017-25249 Filed 11-22-17; 8:45 am]
 BILLING CODE 4333-15-P

Federal Register / Vol. 82, No. 225 / Friday, November 24, 2017 / Notices 55855

ACTION: Notice of an extension of time. §§ 3282.408 and 3282.409. Notification DEPARTMENT OF THE INTERIOR
of purchasers must be accomplished by
SUMMARY: This notice advises the public certified mail or other more expeditious Fish and Wildlife Service
of a request for extension of completion means that provides a receipt.
of a plan for notification and correction [FWS–R4–ES–2017–N099;
Notification must be provided to each FXES11130400000EA–123–FF04EF1000]
of certain manufactured homes built by
retailer or distributor to whom any
Clayton Home Building Group (Clayton) Endangered and Threatened Wildlife
manufactured home in the class of
that were installed with a certain Tub- and Plants; Availability of Proposed
Shower Faucet diverter valve homes containing the defect was
delivered, to the first purchaser of each Low-Effect Habitat Conservation Plan
manufactured by StoneCrest. The for the Florida Scrub-Jay, Volusia,
affected diverter model is N8126C. In manufactured home in the class of
manufactured homes containing the County, FL
accordance with Title 24 Code of
Federal Regulations 3282.410(c), the defect, and to other persons who are AGENCY: Fish and Wildlife Service,
Department has reviewed Clayton’s registered owners of a manufactured Interior.
request and has determined that Clayton home in the class of homes containing ACTION: Notice of availability; request
has shown good cause for an extension. the defect. The manufacturer must for comment/information.
DATES: October 20, 2017. complete the implementation of the
plan for notification and correction on SUMMARY: We, the Fish and Wildlife
FOR FURTHER INFORMATION CONTACT:
or before the deadline approved by the Service (Service), have received an
Pamela Beck Danner, Administrator,
State Administrative Agency or HUD. application for incidental take permit
Office of Manufactured Housing
(ITP) under the Endangered Species Act
Programs, Department of Housing and Under § 3282.410(c), the manufacturer
of 1973, as amended (ACT). Orange Dale
Urban Development, 451 Seventh Street may request an extension of a
Venture, LLC, (Applicant) is requesting
SW., Room 9166, Washington, DC previously established deadline if it a 10-year ITP. We request public
20410, telephone 202–708–6423 (this is shows good cause for the extension and comment on the permit application and
not a toll-free number). Persons who the Secretary of HUD decides that the accompanying proposed habitat
have difficulty hearing or speaking may extension is justified and not contrary to conservation plan (HCP) as well as on
access this number via TTY by calling the public interest. If the request for our preliminary determination that the
the toll-free Federal Information Relay extension is approved, § 3282.410(c) plan qualifies as low-effect under the
Service at 800–877–8339. requires that HUD publish notice of the National Environmental Policy Act
SUPPLEMENTARY INFORMATION: The extension in the Federal Register. (NEPA). To make this determination, we
National Manufactured Housing used our environmental action
On May 25, 2017 and revised on June
Construction and Safety Standards Act statement and low-effect screening form,
30, 2017, Clayton notified the
of 1974 (42 U.S.C. 5401–5426) (the Act) which are also available for review.
authorizes HUD to establish the Federal Department that it received information
that a defect was systematically DATES: To ensure consideration, please
Manufactured Home Construction and
introduced into homes during the send your written comments by
Safety Standards (Construction and
manufacturing process. Specifically, the December 26, 2017.
Safety Standards), codified in 24 CFR
part 3280. Section 615 of the Act (42 homes were installed with certain ADDRESSES: If you wish to review the
U.S.C. 5414) requires that manufacturers StoneCrest tub-shower diverters, which application and HCP, you may request
of manufactured homes notify were subsequently improperly plumbed the documents by email, U.S. mail, or
purchasers if the manufacturer by using inadequately sized tubing. The phone (see below). These documents are
determines, in good faith, that a defect installation, under certain operating also available for public inspection by
exists or is likely to exist in more than conditions, created potential for water appointment during normal business
one home manufactured by the to leak from the shower head when the hours at the office below. Send your
manufacturer and the defect relates to diverter was in use. On October 9, 2017, comments or requests by any one of the
the Construction and Safety Standards Clayton requested an extension to following methods.
or constitutes an imminent safety complete the corrections, since the Email: northflorida@fws.gov. Use
hazard to the purchaser of the ‘‘Attn: Permit number TE39111C–0.’’
population of affected homes remains
manufactured home. The notification Fax: Field Supervisor, (904) 731–
extremely large and the time to make
shall also inform purchasers whether 3191, ‘‘Attn: Permit number TE39111C–
corrections is substantial. This notice 0.’’
the defect is one that the manufacturer advises that HUD finds that Clayton has
will have corrected at no cost or is one U.S. mail: Field Supervisor,
shown good cause and that the Jacksonville Ecological Services Field
that must be corrected at the expense of extension is justified and not contrary to
the purchaser/owner. The manufacturer Office, Attn: Permit number TE39111C–
the public interest, and granted the 0, U.S. Fish and Wildlife Service, 7915
is responsible to notify purchasers of the requested extension until December 20,
defect within a reasonable time after Baymeadows Way, Suite 200,
2017. This extension permits Clayton to Jacksonville, FL 32256.
discovering the defect.
continue its good faith efforts to correct In-person drop-off: You may drop off
HUD’s procedural and enforcement
provisions at 24 CFR part 3282, subpart affected homes at no cost to affected information during regular business
I (Subpart I) implement these homeowners. hours at the above office address.
notification and correction FOR FURTHER INFORMATION CONTACT: Erin
sradovich on DSK3GMQ082PROD with NOTICES

Dated: November 17, 2017.
requirements. If a manufacturer Teresa B. Payne, M. Gawera, telephone: (904) 731–3121;
determines that it is responsible for Deputy Administrator, Office of
email: erin_gawera@fws.gov.
providing notification under § 3282.405 Manufactured Housing Programs. SUPPLEMENTARY INFORMATION:
and correction under § 3282.406, the [FR Doc. 2017–25337 Filed 11–22–17; 8:45 am]
manufacturer must prepare a plan for Background
BILLING CODE 4210–67–P
notifying purchasers of the homes Section 9 of the Act and our
containing the defect pursuant to implementing regulations in the Code of

VerDate Sep<11>2014 18:19 Nov 22, 2017 Jkt 244001 PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 E:\FR\FM\24NON1.SGM 24NON1

55856 Federal Register / Vol. 82, No. 225 / Friday, November 24, 2017 / Notices

Federal Regulations (CFR) at 50 CFR other environmental values or DATES: The meeting will be held on
part 17 prohibit the ‘‘take’’ of fish or resources. Monday, December 11, 2017, from 1:00
wildlife species listed as endangered or p.m. to 4:30 p.m. (Eastern Standard
Next Steps
threatened. Take of listed fish or Time).
wildlife is defined under the Act as ‘‘to We will evaluate the HCP and
ADDRESSES: The meeting will be held
harass, harm, pursue, hunt, shoot, comments we receive to determine
via web conference and teleconference.
wound, kill, trap, capture, or collect, or whether the ITP application meets the
FOR FURTHER INFORMATION CONTACT: Mr.
to attempt to engage in any such requirements of section 10(a) of the Act.
We will also evaluate whether issuance John Mahoney, Federal Geographic Data
conduct’’ (16 U.S.C. 1532(19)).
of the ITP complies with section 7 of the Committee (FGDC), U.S. Geological
However, under limited circumstances,
we issue permits to authorize incidental ESA by conducting an intra-Service Survey (USGS), 909 First Avenue, Suite
take, i.e., take that is incidental to, and consultation. We will use the results of 800, Seattle, WA 98104; by email at
not the purpose of, the carrying out of this consultation, in combination with jmahoney@usgs.gov; or by telephone at
an otherwise lawful activity. the above findings, in our final analysis (206) 220–4621.
Regulations governing incidental take to determine whether or not to issue the SUPPLEMENTARY INFORMATION: This
permits for threatened and endangered ITP. If the requirements are met, we will meeting is being held under the
species are at 50 CFR 17.32 and 17.22, issue the issue ITP number TE39111C– provisions of the Federal Advisory
respectively. The ESA’s take 0 to the Applicant. Committee Act, 5 U.S.C. Appendix 2.
prohibitions do not apply to federally The NGAC provides advice and
listed plants on private lands unless Public Comments recommendations related to
such take would violate State law. In If you wish to comment on the permit management of Federal and national
addition to meeting other criteria, an application, HCP, and associated geospatial programs, the development of
incidental take permit’s proposed documents, you may submit comments the NSDI, and the implementation of
actions must not jeopardize the by any one of the methods in Office of Management and Budget
existence of federally listed fish, ADDRESSES. Circular A–16. The NGAC reviews and
wildlife, or plants. comments on geospatial policy and
Public Availability of Comments management issues and provides a
Applicant’s Proposal Before including your address, phone forum to convey views representative of
Orange Dale Venture, LLC, is number, email address, or other non-federal stakeholders in the
requesting a 10-year ITP to take personal identifying information in your geospatial community. The NGAC is
approximately 5 acres (ac) of occupied comment, you should be aware that one of the primary ways that the FGDC
scrub-jay foraging and sheltering habitat your entire comment—including your collaborates with its broad network of
incidental to construction of an energy personal identifying information—may partners. Additional information about
substation. The 161.6-ac project site is be made publicly available at any time. the meeting is available at:
located approximately 0.5 miles While you can ask us in your comment www.fgdc.gov/ngac.
northwest of the intersection of Veterans to withhold your personal identifying Agenda Topics:
Memorial Parkway and Saxon information from public review, we —FGDC Update
Boulevard within Section 14, Township cannot guarantee that we will be able to —Landsat Advisory Group
18 South, Range 30 East, Volusia do so. —Geospatial Technology and
County, Florida. The project includes Infrastructure
construction of a residential and Authority —Geospatial Platform/Data as Services
commercial development, and the We provide this notice under section —Cultural and Historical Geospatial
associated clearing, infrastructure, and 10 of the ESA and NEPA regulation 40 Resources
landscaping. The Applicant proposes to CFR 1506.6. —NSDI Strategic Plan Framework
mitigate for the take of the scrub-jay, Dated: October 3, 2017.
Meeting Accessibility/Special
based on Service Mitigation Guidelines, Accommodations: The webinar meeting
Jay B. Herrington,
by contributing funds in the amount of is open to the public. Members of the
Field Supervisor, Jacksonville Field Office, public wishing to attend the meeting
$209,220.00 to the Nature Southeast Region.
Conservancy’s Conservation Fund for and receive webinar and call-in
[FR Doc. 2017–25249 Filed 11–22–17; 8:45 am]
the management and conservation of the information should contact Ms. Lucia
BILLING CODE 4333–15–P Foulkes by email at lfoulkes@usgs.gov to
Florida scrub-jay.
register by December 8, 2017.
Our Preliminary Determination Individuals requiring special
We have determined that the DEPARTMENT OF THE INTERIOR
accommodations to access the public
Applicant’s proposal, including the U.S. Geological Survey meeting should contact Ms. Lucia
proposed mitigation and minimization Foulkes at the email stated above or by
measures, would have minor or [GX18EE000101100] telephone at 703–648–4142 at least five
negligible effects on the species covered (5) business days prior to the meeting so
in the HCP. Therefore, we have National Geospatial Advisory that appropriate arrangements can be
determined that the incidental take Committee; Public Meeting made.
permit for this project is ‘‘low effect’’ AGENCY: U.S. Geological Survey, Public Disclosure of Comments: Time
and qualifies for categorical exclusion will be allowed at the meeting for any
sradovich on DSK3GMQ082PROD with NOTICES

Interior.
under the National Environmental ACTION: Notice of public meeting. individual or organization wishing to
Policy Act (NEPA), as provided by 43 make oral comments. To allow for full
CFR 46.205 and 43 CFR 46.210. A low- SUMMARY: The U.S. Geological Survey consideration of information by the
effect HCP is one involving (1) minor or (USGS) is publishing this notice to committee members at the meeting,
negligible effects on federally listed or announce that a public meeting of the written comments must be provided to
candidate species and their habitats, National Geospatial Advisory Ms. Lucia Foulkes, Federal Geographic
and (2) minor or negligible effects on Committee (NGAC) will take place. Data Committee (FGDC), U.S. Geological

VerDate Sep<11>2014 18:19 Nov 22, 2017 Jkt 244001 PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 E:\FR\FM\24NON1.SGM 24NON1

Document Created: 2017-11-22 23:34:13
Document Modified: 2017-11-22 23:34:13

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 December 26, 2017.
Contact		Erin M. Gawera, telephone: (904) 731- 3121; email: [email protected]
FR Citation		82 FR 55855

82 FR 55855 - Endangered and Threatened Wildlife and Plants; Availability of Proposed Low-Effect Habitat Conservation Plan for the Florida Scrub-Jay, Volusia, County, FL

DEPARTMENT OF THE INTERIORFish and Wildlife Service

Federal Register Volume 82, Issue 225 (November 24, 2017)

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service