[Federal Register Volume 78, Number 91 (Friday, May 10, 2013)]
[Notices]
[Pages 27421-27422]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-11163]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R4-ES-2013-N106; FXES1112040000-134-FF04EF2000]
Endangered and Threatened Wildlife and Plants; Receipt of
Application for Incidental Take Permit; Availability of Proposed Low-
Effect Habitat Conservation Plan and Associated Documents; Polk County,
FL
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for comment/information.
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SUMMARY: We, the Fish and Wildlife Service (Service), announce the
availability of an incidental take permit (ITP) application and a
Habitat Conservation Plan (HCP). Vulcan Materials Company, Florida Rock
Divisions (dba Florida Rock Industries, Inc. a subsidiary of Vulcan
Materials Company) (applicant), requests an ITP under the Endangered
Species Act of 1973, as amended (Act). The applicant's HCP describes
the minimization and mitigation measures proposed to address the
effects of the project on the sand skink and gopher tortoise. We invite
written comments on the ITP application and HCP.
DATES: Written comments on the ITP application and HCP should be sent
to the South Florida Ecological Services Office (see ADDRESSES) and
should be received on or before June 10, 2013.
ADDRESSES: See the SUPPLEMENTARY INFORMATION section below for
information on how to submit your comments on the ITP application and
HCP. You may obtain a copy of the ITP application and HCP by writing
the South Florida Ecological Services Office, Attn: Permit number
TE01724B-0, U.S. Fish and Wildlife Service, 1339 20th Street, Vero
Beach, FL 32960-3559. In addition, we will make the ITP application and
HCP available for public inspection by appointment during normal
business hours at the above address.
FOR FURTHER INFORMATION CONTACT: Mr. Brian Powell, Wildlife Biologist,
South Florida Ecological Services Office, Vero Beach, Florida (see
ADDRESSES); telephone: 772-562-3909, extension 315.
SUPPLEMENTARY INFORMATION: We announce the availability of an ITP
application and HCP. Vulcan Materials Company, Florida Rock Divisions
(dba Florida Rock Industries, Inc., a subsidiary of Vulcan Materials
Company) (applicant), requests an ITP under the Act. The applicant
proposes incremental mining of sand reserves throughout the permitted
mining limits of the approximately 488.35-acre project area over the
life of the mine.
The site has been divided into five phases, based on the
anticipated progression of the mining operation. Within Phase I, the
applicant anticipates taking about 6.72 acres of breeding, feeding, and
sheltering habitat for the sand skink (Neopseps reynoldsi), bluetail
mole skink (Eumeces egregius lividus), and gopher tortoise (Gopherus
polyphemus), incidental to land preparation for the expansion of
existing sand mining operations located in Polk County, Florida
(project). The extent of direct impacts in future phases is currently
undetermined; however, based on the current USFWS guidelines, within
Phases II, III, and IV,
[[Page 27422]]
approximately 201.17 acres of the site appear to be suitable for the
gopher tortoise, and approximately 130.75 acres appear to be suitable
for the two skink species. The applicant's HCP describes the
minimization and mitigation measures proposed to address the effects of
the project on the sand skinks and gopher tortoise.
Applicant's Proposed Project
We received an application from the applicant for an incidental
take permit, along with a proposed habitat conservation plan (HCP). The
applicant requests a 20-year permit under section 10(a)(1)(B) of the
Act (87 Stat.884; 16 U.S.C. 1531 et seq.). The applicant proposes
incremental mining of sand reserves throughout the permitted mining
limits of the approximately 488.35-acre project area over the life of
the mine. The site has been divided into five phases, based on the
anticipated progression of the mining operation. Within Phase I, the
applicant anticipates taking about 6.72 acres of breeding, feeding, and
sheltering habitat for the sand skink (Neopseps reynoldsi), bluetail
mole skink (Eumeces egregius lividus), and gopher tortoise (Gopherus
polyphemus), incidental to land preparation for the expansion of
existing sand mining operations located in Polk County, Florida
(project).
The extent of direct impacts in future phases is currently
undetermined; however, based on the current USFWS guidelines, within
Phases II, III, and IV, approximately 201.17 acres of the site appear
to be suitable for the gopher tortoise, and approximately 130.75 acres
appear to be suitable for the two skink species. The applicant's HCP
describes the minimization and mitigation measures proposed to address
the effects of the project on the sand skinks and gopher tortoise. In
advance of the progression of the mining operations into future phases,
quantitative surveys will be conducted for the skinks and gopher
tortoises to determine the occupancy and extent of occupancy within
these suitable areas. The completion of these surveys will be subject
to the guidelines at the time the surveys are conducted. Construction
activities associated with the Diamond Sand Mine will take place within
Sections 3 and 4, Township 30 South, Range 28 East, Polk County,
Florida.
The applicant proposes to mitigate for impacts to occupied skink
habitat within Phase I by purchasing approximately 13.44 mitigation
bank credits at the Tiger Creek Conservation Bank in Polk County,
Florida, a bank within the service area of skinks. Direct impacts to
occupied skink habitat within the future phases will be mitigated at
the same ratio, utilizing the same mitigation bank. Additionally, the
applicant proposes to mitigate for impacts to occupied gopher tortoise
habitat within Phase I, as well as in future phases, by relocating
gopher tortoises and any recovered eggs to a recipient site approved by
the Florida Fish and Wildlife Conservation Commission.
Our Preliminary Determination
The Service has made a preliminary determination that the
applicant's project, including the mitigation measures, will
individually and cumulatively have a minor or negligible effect on the
species covered in the HCP. Therefore, issuance of the ITP is a ``low-
effect'' action and qualifies as a categorical exclusion under the
National Environmental Policy Act (NEPA) (40 CFR 1506.6), as provided
by the Department of the Interior Manual (516 DM 2 Appendix 1 and 516
DM 6 Appendix 1). We base our determination that issuance of the ITP
qualifies as a low-effect action on the following three criteria: (1)
Implementation of the project would result in minor or negligible
effects on federally listed, proposed, and candidate species and their
habitats; (2) Implementation of the project would result in minor or
negligible effects on other environmental values or resources; and (3)
Impacts of the project, considered together with the impacts of other
past, present, and reasonably foreseeable similarly situated projects,
would not result, over time, in cumulative effects to environmental
values or resources that would be considered significant. As more fully
explained in our environmental action statement and associated Low
Effect Screening Form, the applicants' proposed project qualifies as a
``low-effect'' project. This preliminary determination may be revised
based on our review of public comments that we receive in response to
this notice.
Public Comment
If you wish to comment on the ITP application and HCP, you may
submit comments by any one of the following methods:
Email: Brian_Powell@fws.gov. Use ``Attn: Permit number TE01724B-
0'' as your message subject line.
Fax: Brian Powell, (772) 562-4288, Attn.: Permit number TE01724B-0.
U.S. mail: Brian Powell, Wildlife Biologist, South Florida
Ecological Services Field Office, Attn: Permit number TE01724B-0, U.S.
Fish and Wildlife Service, 1339 20th Street, Vero Beach, FL 32960-3559.
In-person drop-off: You may drop off information during regular
business hours at the above office address.
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.
Next Steps
The Service will evaluate the HCP and comments submitted thereon to
determine whether the applications meet the requirements of section
10(a) of the Act. The Service 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. The results of this
consultation, in combination with the above findings, will be used in
the final analysis to determine whether or not to issue the ITP. If it
is determined that the requirements of the Act are met, the ITP will be
issued.
Authority
We provide this notice under Section 10 of the Endangered Species
Act (16 U.S.C. 1531 et seq.) and NEPA regulations (40 CFR 1506.6).
Dated: May 6, 2013.
Larry Williams,
Field Supervisor, South Florida Ecological Services Office.
[FR Doc. 2013-11163 Filed 5-9-13; 8:45 am]
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