83 FR 53078 - Eastern Collier Property Owners, LLC, Multi-Species Habitat Conservation Plan and Draft Environmental Impact Statement, Collier County, Florida
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service Federal Register Volume 83, Issue 203 (October 19, 2018)
Fish and Wildlife Service
Federal Register Volume 83, Issue 203 (October 19, 2018)
| Page Range | 53078-53080 | |
| FR Document | 2018-22755 |
[Federal Register Volume 83, Number 203 (Friday, October 19, 2018)] [Notices] [Pages 53078-53080] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-22755] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [Docket No. FWS-R4-ES-2018-0079; FXES11140400000-178-FF04EF2000] Eastern Collier Property Owners, LLC, Multi-Species Habitat Conservation Plan and Draft Environmental Impact Statement, Collier County, Florida AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of availability; request for comments. ----------------------------------------------------------------------- SUMMARY: We, the U.S. Fish and Wildlife Service, announce the availability of our draft environmental impact statement (EIS) and a habitat conservation plan (HCP) associated with the incidental take permit (ITP) applications of eleven Collier County landowners under the Endangered Species Act of 1973, as amended. Each [[Page 53079]] of the eleven landowners, collectively known as the Eastern Collier Property Owners, LLC, requests a 50-year ITP authorizing take of the Florida panther and 18 other Federal or State-listed species incidental to residential and commercial development, earth mining, and low- intensity rural-land activities in a defined portion of Collier County, Florida. DATES: Comments: We will accept comments received or postmarked on or before December 3, 2018. Comments submitted electronically at http://www.regulations.gov must be received by 11:59 p.m. Eastern time on the closing date. Any comments we receive after the closing date may not be considered in the final decision on these actions. ADDRESSES: Obtain Documents: You may obtain copies of the EIS and HCP by the following methods: Internet: http://www.regulations.gov (search for Docket No. FWS-R4- ES-2018-0079). Field Office: https://www.fws.gov/verobeach/. Submit Comments: You may submit written comments by one of the following methods: Internet: http://www.regulations.gov. Follow the instructions for submitting comments on Docket No. FWS-R4-ES-2018-0079. Hard Copy: Via U.S. mail or hand-delivery to Public Comments Processing, Attn: FWS-R4-ES-2018-0079; U.S. Fish and Wildlife Service Headquarters, MS: BPHC; 5275 Leesburg Pike, Falls Church, VA 22041- 3803. Review Public Comments: Submitted comments may be viewed at http://www.regulations.gov in Docket No. FWS-R4-ES-2018-0079. FOR FURTHER INFORMATION CONTACT: Mr. David Dell, Regional HCP Coordinator, by mail at Attn: ECPO; U.S. Fish and Wildlife Service; 1875 Century Boulevard, Atlanta, GA 30345 or by telephone at 404-679- 7313, or Dr. Constance Cassler, Supervisory Fish and Wildlife Biologist, by mail at the South Florida Ecological Services Office, Attn: ECPO; U.S. Fish and Wildlife Service, 1339 20th Street, Vero Beach, FL 32960 or by telephone at 772-469-4356. SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service (Service), have received applications for ITPs under the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.). Applicants The Eastern Collier Property Owners, LLC (ECPO/Applicants) was formed as a collaborative effort to address long-term land-use planning and conservation issues related to the Florida panther in the east Collier County area (see also http://www.floridapantherprotection.com). The Applicants' collaboration culminated in the HCP, which supports their collective application for the issuance of 50-year ITPs for take of the Florida panther and 18 other covered species. Table 1, below, individually lists the ECPO members and their Service-assigned application numbers. Table 2 depicts the species covered by the HCP. Table 1--Members of Eastern Collier Property Owners, LLC, and Their Incidental Take Permit Application Numbers ------------------------------------------------------------------------ Applicants Permit application Nos. ------------------------------------------------------------------------ Alico Land Development, Inc............... TE05647D-0 Barron Collier Investment, Ltd............ TE04440D-0 Collier Enterprises Management, Inc....... TE04443D-0 Consolidated Citrus Limited Partnership... TE04471D-0 English Brothers Partnership.............. TE04152D-0 Half Circle L Ranch, LLP.................. TE05238D-0 Heller Bros. Packing Corp................. TE05668D-0 JB Ranch I, LLC........................... TE04473D-0 Owl Hammock Immokalee, LLC................ TE06114D-0 Pacific Land, Ltd......................... TE05665D-0 Sunniland Family Limited Partnership...... TE04472D-0 ------------------------------------------------------------------------ Table 2--HCP-Covered Wildlife Species and Their Protected Status -------------------------------------------------------------------------------------------------------------------------------------------------------- Status Common name Scientific name -------------------------------------------------------------------------------------------------------------------------------------------------------- Listed as endangered under the ESA.... Florida panther........................................ Puma concolor coryi. Florida bonneted bat................................... Eumops floridanus. Red-cockaded woodpecker................................ Picoides borealis. Everglade snail kite................................... Rostrhamus sociabilis plumbeus. Listed as threatened under the ESA.... Wood stork............................................. Mycteria americana. Northern crested caracara.............................. Caracara cheriway. Florida scrub jay...................................... Aphelocoma coerulescens. Eastern indigo snake................................... Drymarchon corais couperi. Candidate Species or Species under Gopher tortoise........................................ Gopherus polyphemus. review for Federal listing. Eastern diamondback rattlesnake........................ Crotalus adamanteus. Gopher frog............................................ Lithobates capito. State-listed species.................. Big Cypress fox squirrel............................... Sciurus niger avicennia. Everglades mink........................................ Neovison vison evergladensis. Burrowing owl.......................................... Athene cunicularia. Florida sandhill crane................................. Antigone canadensis pratensis. Little blue heron...................................... Egretta caerulea. Roseate spoonbill...................................... Platalea ajaja. Southeastern American kestrel.......................... Falco sparverius Paulus. Tricolored heron....................................... Egretta tricolor. -------------------------------------------------------------------------------------------------------------------------------------------------------- Background Section 9 of the ESA and its implementing regulations prohibit ``take'' of Federally-listed ``threatened'' or ``endangered'' fish and wildlife species. However, section 10(a) of the Act provides exceptions to the prohibition by allowing us to issue permits authorizing take of listed species where such take is incidental to, and not the purpose of, otherwise lawful activities and where the applicant meets certain statutory requirements. The Applicants' HCP proposes a programmatic approach and framework for engaging in incidental take of the covered species while providing for the permanent protection of portions of the covered lands via conservation easements and generating funding for conservation activities for the covered species in addition to those provided in the HCP. The individual Applicants collectively own a total of 151,779 acres within the approximately 174,000-acre HCP planning area. Under the HCP, up to 45,000 acres could be developed or [[Page 53080]] used for other activities. Impacts to covered species from the activities would be mitigated through habitat management measures and the placement of conservation easements on up to 107,000 acres of the covered lands. The Applicants also propose to make contributions to a conservation endowment, the Marinelli Fund, to implement conservation measures for the covered species throughout and beyond the covered lands. Draft Environmental Impact Statement We published a notice of intent to prepare an EIS for this HCP in the Federal Register on March 25, 2016 (81 FR 16200). A public scoping meeting was held in Naples, Florida on April 12, 2016, and an online public participation webcast was conducted on April 19, 2016. We have incorporated issues identified during these scoping meetings into the draft EIS. A summary of the comments received during the scoping period is provided in the Scoping Report appended to the draft EIS. The draft EIS assesses the likely environmental impacts associated with the implementation of the activities proposed in the HCP, compared to the likely consequences of not issuing the requested ITPs, i.e., uncoordinated project-by-project and lot-by-lot planning and mitigation as currently occurs. The Department of the Army, through its bureau the U.S. Army Corps of Engineers, Jacksonville District, is a cooperating agency in the development of the draft EIS. Public Comments If you wish to comment on the HCP, or draft EIS, you may submit comments by any one of the methods listed above in ADDRESSES. Before including your address, phone number, email address, or other personal identifying information in your comment, be aware that your entire comment--including your personal identifying information--may be made available to the public at any time. While you may request in your comment that we withhold your personal identifying information, we cannot guarantee that we will be able to do so. Next Steps We will evaluate the HCP, draft EIS, and your comments to determine whether the collective ITP application meets the permit issuance requirements of section 10(a) of the ESA. We will also conduct an intra-Service consultation pursuant to section 7 of the ESA. If the requirements for permit issuance are met, we will issue individual ITPs to the Applicants. Authority We provide this notice under section 10 of the ESA (16 U.S.C. 1531 et seq.) and ESA regulations in title 50 of the Code of Federal Regulations and, the National Environmental Policy Act (NEPA; 42 U.S.C. 4321 et seq.) and NEPA regulations (40 CFR 1506.6). Mike Oetker, Acting Regional Director, Southeast Region. [FR Doc. 2018-22755 Filed 10-18-18; 8:45 am] BILLING CODE 4333-15-P
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applicant will fully implement term. The final EIS considers the direct, mitigation measures, monitoring and
minimization and mitigation measures indirect, and cumulative effects of adaptive management, and complying
to offset impacts to the ABB according implementing the HCP, including with all terms and conditions in the ITP.
to the HCP. measures to minimize and mitigate such
EPA’s Role in the EIS Process
The applicant has agreed to include impacts to the maximum extent
the following minimization measures: practicable. In addition to this notice, EPA is
• Reducing erosion by implementing Section 9 of the ESA and its publishing a notice in the Federal
stormwater best practices; implementing regulations in title 50 of Register announcing final EIS for
• Limiting use of motor vehicles, the Code of Federal Regulations (CFR) American Electric Power’s American
machinery, or heavy equipment in prohibit ‘‘take’’ of fish and wildlife Burying Beetle Habitat Conservation
occupied ABB habitat to avoid soil species listed as endangered or Plan in Oklahoma, Arkansas, and
compaction; threatened under the ESA. The ESA Texas, as required under the Clean Air
• Increasing safety during operation defines ‘‘take’’ as ‘‘to harass, harm, Act, section 309. The EPA is charged
fluid use and storage; pursue, hunt, shoot, wound, kill, trap, with reviewing all Federal agencies’
• Limiting disturbance from capture, or collect listed animal species, EISs and commenting on the adequacy
mechanical vegetation management; or attempt to engage in such conduct’’ and acceptability of the environmental
• Limiting the use of artificial lighting (16 U.S.C. 1533). The term ‘‘harm’’ is impacts of proposed actions in EISs.
in occupied ABB habitat; and defined in the regulations as significant The EPA also serves as the repository
• Providing a training program for all habitat modification or degradation that (EIS database) for EISs that Federal
personnel conducting or supervising results in death or injury to listed agencies prepare. All EISs must be filed
covered activities that may disturb ABB- species by significantly impairing with EPA, which publishes a notice of
occupied habitat. essential behavioral patterns, including availability on Fridays in the Federal
The mitigation measures include the breeding, feeding, or sheltering (50 CFR Register. For more information, see
following commitments: 17.3). However, we may, under https://www.epa.gov/nepa. You may
• Relieve soil compaction by disking specified circumstances, issue permits search for EPA comments on EISs, along
(mechanically breaking up) compacted that allow the take of federally listed with EISs themselves, at https://
soil in laydown areas and material species, provided that the take is cdxnodengn.epa.gov/cdx-enepa-public/
storage areas; incidental to, but not the purpose of, action/eis/search.
• Revegetate with a native species otherwise lawful activity. Regulations
composition similar to that of the governing ITPs for endangered and Authority
surrounding area (typically warm threatened species are at 50 CFR 17.22 We provide this notice under section
season grasses) or of the same vegetation and 17.32, respectively. 10(c) of the ESA (16 U.S.C. 1531 et seq.)
type that existed prior to impacts for On July 3, 2018, we published a and its implementing regulations (50
areas that experienced ground Federal Register notice announcing the CFR 17.22 and 17.32) and NEPA (42
disturbance causing temporary or availability for public review of a draft U.S.C. 4321 et seq.) and its
permanent cover change habitat EIS and requested public comment on implementing regulations (40 CFR
impacts; and our evaluation of the potential impacts 1506.6).
• Establish off-site habitat mitigation associated with issuance of an ITP for
for temporary or permanent cover Amy L. Lueders,
implementation of the HCP and to
change and permanent impacts. evaluate alternatives (82 FR 32861). In Regional Director, Southwest Region,
In addition to this notice, the Albuquerque, New Mexico.
July and August 2018, we held public
Environmental Protection Agency (EPA) [FR Doc. 2018–22833 Filed 10–18–18; 8:45 am]
meetings on the draft document in
is publishing a notice announcing the Tulsa, OK; McAlester, OK; Fort Smith, BILLING CODE 4333–15–P
EIS, as required under the Clean Air AR; and Texarkana, TX. The public
Act, section 309 (42 U.S.C. 7401 et seq.; comment period closed on August 17,
see EPA’s Role in the EIS Process DEPARTMENT OF THE INTERIOR
2018.
below). We received 10 comments in total: 8 Fish and Wildlife Service
Through regulations.gov, 1 comment via
Background [Docket No. FWS–R4–ES–2018–0079;
email, and 1 through the U.S. mail. The
The applicant has applied for an ITP final EIS provides responses to those FXES11140400000–178–FF04EF2000]
under the ESA that would authorize comments in Appendix G.
incidental take of the ABB and would be Eastern Collier Property Owners, LLC,
in effect for a period of 30 years. The Decision Multi-Species Habitat Conservation
proposed incidental take of the ABB We intend to issue an ITP allowing Plan and Draft Environmental Impact
would occur from lawful, non-Federal the applicant to implement the Statement, Collier County, Florida
activities from the applicant’s repair, proposed HCP, identified as the AGENCY: Fish and Wildlife Service,
maintenance, and construction activities preferred alternative (Alternative B) in Interior.
for electrical lines and support facilities the final EIS. We determined that the ACTION: Notice of availability; request
(e.g., substations and switching preferred alternative best balances the for comments.
facilities) within the plan area, as well protection and management of habitat
as from activities carried out as part of for the ABB, while allowing the SUMMARY: We, the U.S. Fish and
the HCP’s conservation strategy applicant to supply the public’s energy Wildlife Service, announce the
amozie on DSK3GDR082PROD with NOTICES1
(covered activities). The HCP plan area needs. We based our decision on a availability of our draft environmental
includes Oklahoma and Arkansas thorough review of the alternatives and impact statement (EIS) and a habitat
counties within known ABB ranges and their environmental consequences. conservation plan (HCP) associated with
Texas counties with ABB occurrence Implementing this decision entails the incidental take permit (ITP)
records. The plan area also includes issuing an ITP to American Electric applications of eleven Collier County
counties in these States where the Power and full implementation of the landowners under the Endangered
ABB’s range could expand over the ITP HCP, including minimization and Species Act of 1973, as amended. Each
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![53080 Federal Register / Vol. 83, No. 203 / Friday, October 19, 2018 / Notices
used for other activities. Impacts to met, we will issue individual ITPs to the comments by facsimile to (805) 644–
covered species from the activities Applicants. 3958.
would be mitigated through habitat FOR FURTHER INFORMATION CONTACT:
Authority
management measures and the Karen Sinclair, Fish and Wildlife
placement of conservation easements on We provide this notice under section
Biologist, by U.S. mail to the Ventura
up to 107,000 acres of the covered 10 of the ESA (16 U.S.C. 1531 et seq.)
address in ADDRESSES, or by telephone
lands. The Applicants also propose to and ESA regulations in title 50 of the
at (805) 677–3315.
make contributions to a conservation Code of Federal Regulations and, the
National Environmental Policy Act SUPPLEMENTARY INFORMATION: We have
endowment, the Marinelli Fund, to
(NEPA; 42 U.S.C. 4321 et seq.) and received an application from Lantana,
implement conservation measures for
NEPA regulations (40 CFR 1506.6). LLC for a 5-year incidental take permit
the covered species throughout and
under the Act. The application
beyond the covered lands. Mike Oetker, addresses the potential for take of the
Draft Environmental Impact Statement Acting Regional Director, Southeast Region. federally endangered Mount Hermon
[FR Doc. 2018–22755 Filed 10–18–18; 8:45 am] June beetle (Polyphylla barbata) likely
We published a notice of intent to
BILLING CODE 4333–15–P to occur incidental to the demolition of
prepare an EIS for this HCP in the
a single-family home and construction
Federal Register on March 25, 2016 (81
of two duet homes at 22 Blake Lane,
FR 16200). A public scoping meeting
DEPARTMENT OF THE INTERIOR Scotts Valley, Santa Cruz County,
was held in Naples, Florida on April 12,
California. We invite comments from
2016, and an online public participation Fish and Wildlife Service the public on the application package,
webcast was conducted on April 19,
[FWS–R8–ES–2018–N022; which includes the Low-Effect Habitat
2016. We have incorporated issues
FXES11130800000–189–FF08EVEN00] Conservation Plan (HCP) for the Mount
identified during these scoping
Hermon June Beetle.
meetings into the draft EIS. A summary Endangered and Threatened Wildlife
of the comments received during the and Plants; Availability of Habitat Background
scoping period is provided in the Conservation Plan and Categorical The U.S. Fish and Wildlife Service
Scoping Report appended to the draft Exclusion for the Mount Hermon June (Service) listed the Mount Hermon June
EIS. Beetle, Santa Cruz County, California beetle as endangered on January 24,
The draft EIS assesses the likely 1997 (62 FR 3616). Section 9 of the Act
environmental impacts associated with AGENCY: Fish and Wildlife Service, (16 U.S.C. 1531 et seq.) and its
the implementation of the activities Interior. implementing regulations prohibit the
proposed in the HCP, compared to the ACTION: Notice of availability; request take of fish or wildlife species listed as
likely consequences of not issuing the for comment. endangered or threatened. ‘‘Take’’ is
requested ITPs, i.e., uncoordinated defined under the Act to include the
project-by-project and lot-by-lot SUMMARY: We, the U.S. Fish and
following activities: ‘‘to harass, harm,
planning and mitigation as currently Wildlife Service, have received an
pursue, hunt, shoot, wound, kill, trap,
occurs. The Department of the Army, application from Lantana, LLC for a 5-
capture, or collect, or to attempt to
through its bureau the U.S. Army Corps year incidental take permit under the
engage in any such conduct’’ (16 U.S.C.
of Engineers, Jacksonville District, is a Endangered Species Act of 1973, as
1532); however, under section
cooperating agency in the development amended (Act). The permit would
10(a)(1)(B) of the Act, we may issue
of the draft EIS. authorize ‘‘take’’ of the federally
permits to authorize incidental take of
endangered Mount Hermon June beetle,
Public Comments listed species. The Act defines
incidental to the otherwise lawful
‘‘Incidental Take’’ as take that is
If you wish to comment on the HCP, activities associated with the demolition
incidental to, and not the purpose of
or draft EIS, you may submit comments of a single-family home and
carrying out an otherwise lawful
by any one of the methods listed above construction of two duet homes at 22
activity. Regulations governing
in ADDRESSES. Before including your Blake Lane, Scotts Valley, Santa Cruz
incidental take permits for threatened
address, phone number, email address, County, California. We invite comments
and endangered species are in the Code
or other personal identifying from the public on the application
of Federal Regulations (CFR) at 50 CFR
information in your comment, be aware package, which includes a low-effect
17.32 and 17.22, respectively. Issuance
that your entire comment—including habitat conservation plan.
of an incidental take permit must not
your personal identifying information— DATES: To ensure consideration, please jeopardize the existence of federally
may be made available to the public at send your written comments by listed fish, wildlife, or plant species. All
any time. While you may request in November 19, 2018. species covered by the incidental take
your comment that we withhold your ADDRESSES: You may download a copy permit associated with this low-effect
personal identifying information, we of the draft habitat conservation plan, HCP receive assurances under our ‘‘No
cannot guarantee that we will be able to draft environmental action statement, Surprises’’ regulations (50 CFR
do so. and draft low-effect screening form at 17.22(b)(5) and 17.32(b)(5)).
http://www.fws.gov/ventura/, or you
Next Steps Applicant’s Proposal
may request copies of the documents by
We will evaluate the HCP, draft EIS, U.S. mail to our Ventura office or by Lantana, LLC (hereafter, the
amozie on DSK3GDR082PROD with NOTICES1
and your comments to determine phone (see FOR FURTHER INFORMATION applicant) has submitted a low-effect
whether the collective ITP application CONTACT). Please address written HCP in support of their application for
meets the permit issuance requirements comments to Stephen P. Henry, Field an incidental take permit (ITP) to
of section 10(a) of the ESA. We will also Supervisor, Ventura Fish and Wildlife address take of the Mount Hermon June
conduct an intra-Service consultation Office, U.S. Fish and Wildlife Service, beetle that is likely to occur as the result
pursuant to section 7 of the ESA. If the 2493 Portola Road, Suite B, Ventura, CA of direct impacts on up to 0.32 acre (ac)
requirements for permit issuance are 93003. You may alternatively send (14,031 square feet (sf)) of degraded
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Document Created: 2018-10-19 01:25:25
Document Modified: 2018-10-19 01:25:25
| 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 | Comments: We will accept comments received or postmarked on or before December 3, 2018. Comments submitted electronically at http:// www.regulations.gov must be received by 11:59 p.m. Eastern time on the closing date. Any comments we receive after the closing date may not be considered in the final decision on these actions. | |
| Contact | Mr. David Dell, Regional HCP Coordinator, by mail at Attn: ECPO; U.S. Fish and Wildlife Service; 1875 Century Boulevard, Atlanta, GA 30345 or by telephone at 404-679- 7313, or Dr. Constance Cassler, Supervisory Fish and Wildlife Biologist, by mail at the South Florida Ecological Services Office, Attn: ECPO; U.S. Fish and Wildlife Service, 1339 20th Street, Vero Beach, FL 32960 or by telephone at 772-469-4356. | |
| FR Citation | 83 FR 53078 |
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