82 FR 58651 - Endangered and Threatened Wildlife and Plants; Availability of Proposed Low-Effect Habitat Conservation Plan; Orange County Utilities, Malcolm Road Water Supply Facility, Orange County, FL

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 82, Issue 238 (December 13, 2017)

Page Range		58651-58651
FR Document		2017-26838

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). Orange County Utilities (Applicant) is requesting a 10-year ITP. We request public comment on the permit application and accompanying proposed Malcolm Road Water Supply Habitat Conservation Plan (HCP), 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 Issue 238 (Wednesday, December 13, 2017)

[Federal Register Volume 82, Number 238 (Wednesday, December 13, 2017)]
[Notices]
[Page 58651]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-26838]



[[Page 58651]]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R4-ES-2017-N129; FXES11130400000EA-123-FF04EF1000]


Endangered and Threatened Wildlife and Plants; Availability of 
Proposed Low-Effect Habitat Conservation Plan; Orange County Utilities, 
Malcolm Road Water Supply Facility, Orange 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). Orange County 
Utilities (Applicant) is requesting a 10-year ITP. We request public 
comment on the permit application and accompanying proposed Malcolm 
Road Water Supply Habitat Conservation Plan (HCP), 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 
January 12, 2018.

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 T-46110C-0'' 
as your message subject line.
    Fax: Field Supervisor, (904) 731-3191, Attn: Permit number TE-
46110C-0.
    U.S. mail: Field Supervisor, Jacksonville Ecological Services Field 
Office, Attn: Permit number TE-46110C-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

    Orange County Utilities is requesting take of approximately 10.9 
acres of occupied sand skink (Neoseps reynoldsi) habitat, incidental to 
the construction of a water supply facility and seek a 10-year permit. 
The project is located east of Avalon Road and west of SR 429 on the 
north side of Malcolm Road within Sections 8 and 17, Township 23 South, 
Range 27 East in Orange County, Florida. The Applicant proposes to 
mitigate for impacts to the species by purchasing 21.8 credits from a 
Service-approved sand skink mitigation bank prior to any land clearing 
activities commence.

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 involves: (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.). 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 ITP number TE-
46110C-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 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).

Heath Rauschenberger,
Acting Field Supervisor, Jacksonville Field Office, Southeast Region.
[FR Doc. 2017-26838 Filed 12-12-17; 8:45 am]
 BILLING CODE 4333-15-P

Federal Register / Vol. 82, No. 238 / Wednesday, December 13, 2017 / Notices 58651

DEPARTMENT OF THE INTERIOR Background Next Steps
Section 9 of the Act (16 U.S.C. 1531 We will evaluate the HCP and
Fish and Wildlife Service
et seq.) and our implementing Federal comments we receive to determine
[FWS–R4–ES–2017–N129; regulations in the Code of Federal whether the ITP application meets the
FXES11130400000EA–123–FF04EF1000] requirements of section 10(a) of the Act
Regulations (CFR) at 50 CFR 17 prohibit
the ‘‘take’’ of fish or wildlife species (16 U.S.C. 1531 et seq.). We will also
Endangered and Threatened Wildlife evaluate whether issuance of the section
and Plants; Availability of Proposed listed as endangered or threatened. Take
of listed fish or wildlife is defined under 10(a)(1)(B) ITP complies with section 7
Low-Effect Habitat Conservation Plan; of the Act by conducting an intra-
Orange County Utilities, Malcolm Road the Act as ‘‘to harass, harm, pursue,
hunt, shoot, wound, kill, trap, capture, Service section 7 consultation. We will
Water Supply Facility, Orange County, use the results of this consultation, in
FL or collect, or to attempt to engage in any
such conduct’’ (16 U.S.C. 1532). combination with the above findings, in
AGENCY: Fish and Wildlife Service, However, under limited circumstances, our final analysis to determine whether
Interior. we issue permits to authorize incidental or not to issue the ITP. If the
ACTION: Notice of availability; request take—i.e., take that is incidental to, and requirements are met, we will issue ITP
for comments/information. not the purpose of, the carrying out of number TE–46110C–0 to the Applicant.
an otherwise lawful activity. Public Comments
SUMMARY: We, the U.S. Fish and Regulations governing incidental take
Wildlife Service (Service), have received If you wish to comment on the permit
permits for threatened and endangered application, HCP, and associated
an application for an incidental take species are at 50 CFR 17.32 and 17.22,
permit (ITP) under the Endangered documents, you may submit comments
respectively. The Act’s take prohibitions by any one of the methods in
Species Act of 1973, as amended (Act). do not apply to federally listed plants
Orange County Utilities (Applicant) is ADDRESSES.
on private lands unless such take would
requesting a 10-year ITP. We request violate State law. In addition to meeting Public Availability of Comments
public comment on the permit other criteria, an incidental take
application and accompanying Before including your address, phone
permit’s proposed actions must not number, email address, or other
proposed Malcolm Road Water Supply jeopardize the existence of federally
Habitat Conservation Plan (HCP), as personal identifying information in your
listed fish, wildlife, or plants. comments, you should be aware that
well as on our preliminary
determination that the plan qualifies as Applicants’ Proposal your entire comment—including your
low effect under the National personal identifying information—may
Orange County Utilities is requesting be made publicly available at any time.
Environmental Policy Act. To make this
take of approximately 10.9 acres of While you can ask us in your comment
determination, we used our
occupied sand skink (Neoseps to withhold your personal identifying
environmental action statement and
reynoldsi) habitat, incidental to the information from public review, we
low-effect screening form, which are
construction of a water supply facility cannot guarantee that we will be able to
also available for review.
and seek a 10-year permit. The project do so.
DATES: To ensure consideration, please is located east of Avalon Road and west
send your written comments by January of SR 429 on the north side of Malcolm Authority
12, 2018. Road within Sections 8 and 17, We provide this notice under section
ADDRESSES: If you wish to review the Township 23 South, Range 27 East in 10 of the Act and NEPA regulations (40
application and HCP, you may request Orange County, Florida. The Applicant CFR 1506.6).
documents by email, U.S. mail, or proposes to mitigate for impacts to the
phone (see below). These documents are Heath Rauschenberger,
species by purchasing 21.8 credits from
also available for public inspection by a Service-approved sand skink Acting Field Supervisor, Jacksonville Field
appointment during normal business Office, Southeast Region.
mitigation bank prior to any land
hours at the office below. Send your clearing activities commence. [FR Doc. 2017–26838 Filed 12–12–17; 8:45 am]
comments or requests by any one of the BILLING CODE 4333–15–P
following methods. Our Preliminary Determination
Email: northflorida@fws.gov. Use We have determined that the
‘‘Attn: Permit number T–46110C–0’’ as DEPARTMENT OF THE INTERIOR
applicants’ proposal, including the
your message subject line. proposed mitigation and minimization
Fax: Field Supervisor, (904) 731– Bureau of Indian Affairs
measures, would have minor or
3191, Attn: Permit number TE–46110C– negligible effects on the species covered [189A2100DD/AAKC001030/
0. in the HCP. Therefore, our proposed A0A501010.999900 253G]
U.S. mail: Field Supervisor, issuance of the requested ITP qualifies
Jacksonville Ecological Services Field Indian Gaming; Approval of an
as a categorical exclusion under the
Office, Attn: Permit number TE– Amendment to a Tribal-State Class III
National Environmental Policy Act
46110C–0, U.S. Fish and Wildlife Gaming Compact in the State of
(NEPA), as provided by Department of
Service, 7915 Baymeadows Way, Suite Oregon
the Interior implementing regulations in
200, Jacksonville, FL 32256. part 46 of title 43 of the Code of Federal
sradovich on DSK3GMQ082PROD with NOTICES

AGENCY: Bureau of Indian Affairs,
In-person drop-off: You may drop off Regulations (43 CFR 46.205, 46.210, and Interior.
information during regular business 46.215). A low-effect HCP involves: (1)
hours at the above office address. ACTION: Notice.
Minor or negligible effects on federally
FOR FURTHER INFORMATION CONTACT: Tera listed or candidate species and their SUMMARY: The Confederated Tribes of
Baird, telephone: (904) 731–3196; email: habitats, and (2) minor or negligible the Grand Ronde Community of Oregon
Tera Baird@fws.gov. effects on other environmental values or negotiated the Amendment to the
SUPPLEMENTARY INFORMATION: resources. Amended and Restated Tribal-State

VerDate Sep<11>2014 18:53 Dec 12, 2017 Jkt 244001 PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 E:\FR\FM\13DEN1.SGM 13DEN1

Document Created: 2017-12-13 01:23:45
Document Modified: 2017-12-13 01:23:45

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/information.
Dates		To ensure consideration, please send your written comments by January 12, 2018.
Contact		Tera Baird, telephone: (904) 731-3196; email: Tera [email protected]
FR Citation		82 FR 58651

82 FR 58651 - Endangered and Threatened Wildlife and Plants; Availability of Proposed Low-Effect Habitat Conservation Plan; Orange County Utilities, Malcolm Road Water Supply Facility, Orange County, FL

DEPARTMENT OF THE INTERIORFish and Wildlife Service

Federal Register Volume 82, Issue 238 (December 13, 2017)

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service