[Federal Register Volume 78, Number 28 (Monday, February 11, 2013)]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-03038]
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Endangered and Threatened Wildlife and Plants; Receipt of
Application for Incidental Take Permit; Availability of Proposed Low-
Effect Habitat Conservation Plan; Florida Power Corporation, Progress
Energy Florida Inc., Lake 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 from Florida Power Corporation, Progress Energy Florida
Inc. (applicant), for an incidental take permit (ITP). The applicant
requests a 20-year ITP under the Endangered Species Act of 1973, as
amended (Act). We request public comment on the permit application
(TE93592A-0) 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
DATES: To ensure consideration, please send your written comments by
March 13, 2013.
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: firstname.lastname@example.org. Use ``Attn: Permit number TE93592A-0''
as your message subject line.
Fax: Dawn Jennings, Acting Field Supervisor, (904) 731-3045, Attn.:
Permit number TE93592A-0.
U.S. mail: Dawn Jennings, Acting Field Supervisor, Jacksonville
Ecological Services Field Office, Attn: Permit number TE93592A-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: email@example.com.
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
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). 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
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,
The applicant is requesting take of approximately 8.95 ac of
occupied sand skink foraging and sheltering habitat incidental to
construction of a commercial development, and seeks a 20-year permit.
The 18.6-ac project site is located on parcel 27-22-26-
000300000700 within Section 27, Township 22 South, Range 26 East, Lake
County, Florida. The applicant proposes to mitigate for the take of the
sand skink by the purchase of 17.9 mitigation credits within the
Collany Conservation Bank.
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
determined that the ITP is a ``low-effect'' project and qualifies for
categorical exclusion under the National Environmental Policy Act
(NEPA), as provided by the Department of the Interior Manual (516 DM 2
Appendix 1 and 516 DM 6 Appendix 1). 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.
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 TE93592A-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 applicant.
If you wish to comment on the permit application, HCP, and
associated documents, you may submit comments by any one of the methods
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.
We provide this notice under Section 10 of the Act and NEPA
regulations (40 CFR 1506.6).
Dated: January 30, 2013.
Acting Field Supervisor, Jacksonville Field Office, Southeast Region.
[FR Doc. 2013-03038 Filed 2-8-13; 8:45 am]
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