[Federal Register Volume 79, Number 151 (Wednesday, August 6, 2014)]
[Pages 45837-45838]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-18591]



Fish and Wildlife Service

[FWS-R4-ES-2014-N166; 41910-1112-0000-F2]

Endangered and Threatened Wildlife and Plants; Receipt of 
Application for Incidental Take Permit; Availability of Proposed Low-
Effect Habitat Conservation Plan; City of Deltona, Volusia County, FL 
and Adventist Health System/Sunbelt, Inc., Orange County, FL

AGENCY: Fish and Wildlife Service, Interior.

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


SUMMARY: We, the Fish and Wildlife Service (Service), have received 
applications from the City of Deltona and Adventist Health System/
Sunbelt, Inc. (applicants) for incidental take permits under the 
Endangered Species Act of 1973, as amended (Act). The City of Deltona 
has applied for modification of an ITP (ITP; modification 
TE28377B-1), and Adventist Health System/Sunbelt, Inc. has 
applied for a 10-year incidental take permit (ITP; TE41877B-
    We request public comment on the permit applications and 
accompanying proposed habitat conservation plans (HCPs), 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 
September 5, 2014.

ADDRESSES: If you wish to review the applications and HCPs, 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: northflorida@fws.gov. Use ``Attn: Permit number TE28377B-1'' 
as your message subject line for the City of Deltona and ``Attn: Permit 
number TE41877B-0'' for Adventist Health System/Sunbelt, Inc.
    Fax: Field Supervisor, (904) 731-3045, Attn.: Permit number 
TE28377B-0 or TE41877B-0.
    U.S. mail: Field Supervisor, Jacksonville Ecological Services Field 
Office, Attn: Permit number TE28377B-0 or TE41877B-0, U.S. Fish and

[[Page 45838]]

Wildlife Service, 7915 Baymeadows Way, Suite 200, Jacksonville, FL 
    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.



    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 
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.

Applicant's Proposal

    The City of Deltona is requesting additional take of approximately 
0.9 acres (ac) of occupied Florida scrub-jay foraging and sheltering 
habitat incidental to construction of a 24-ac public park. The existing 
10-year permit is for take of approximately 1.9 acres (ac) for a 35-ac 
public utility on the same property. The 122-ac project site is located 
on parcel numbers 31183166150001, 31183105150010, 31183105140010, 
31183105130010, 31183105120010, 31183105110010, 31183105160010, 
31183105170010, 31183105180010, 31183105190010, 31183105200010, 
31183104050010, 31183104040010, 31183104030010, 31183104020010, 
31183104010010, 31183166170001, 31183104060010, 31183104070010, 
31183104080010, 31183104090010, 31183104100010, 31183103010010, 
31183103020010, 31183103030010, 31183103040010, 31183103050010, 
31183103060010, 31183103070010, 31183103080010, 31183103090010, 
31183103100010, 31183103030010, and 31183103080160, within Section 31, 
Township 18 South, Range 31 East, Volusia County, Florida. The project 
includes construction of a public park and public utility and the 
associated infrastructure, and landscaping. The applicant proposes to 
mitigate for the take of the Florida scrub-jay through the additional 
deposit of good funds in the amount of $13,320.90 to the Nature 
Conservancy's Conservation Fund, for the management and conservation of 
the Florida scrub-jay based on Service Mitigation Guidelines. The 
applicant has deposited $56,243.80 to the Nature Conservancy's 
Conservation Fund for the public utilities.
    Adventist Health System/Sunbelt, Inc. is requesting take of 
approximately 3.08 acres (ac) of occupied sand skink foraging and 
sheltering habitat incidental to construction of a 73-ac hospital, and 
seeks a 10-year permit. The 73-ac project site is located on parcel 
numbers 20-21-28-0000-00-007, 20-21-28-0000-00-042, 20-21-28-0000-00-
044, and 20-21-28-0000-00-046, within Section 20, Township 21 South, 
Range 28 East, Orange County, Florida. The project includes 
construction of a hospital and the associated infrastructure, and 
landscaping. The applicant proposes to mitigate for the take of the 
sand skink by the purchase of 6.2 mitigation credits within the Sebring 
Scrub Conservation Bank.

Our Preliminary Determination

    We have determined that the applicant's proposals, including the 
proposed mitigation and minimization measures, would have minor or 
negligible effects on the species covered in the HCPs. Therefore, we 
determined that the ITPs are ``low-effect'' projects and qualify for 
categorical exclusions 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.

Next Steps

    We will evaluate the plans and comments we receive to determine 
whether the ITP applications meets the requirements of section 10(a) of 
the Act (16 U.S.C. 1531 et seq.). If we determine that the applications 
meet these requirements, we will issue ITP TE28377B-1 and 
TE41877B-0. We will also evaluate whether issuance of the section 
10(a)(1)(B) ITPs comply with section 7 of the Act by conducting intra-
Service section 7 consultations. We will use the results of these 
consultations, in combination with the above findings, in our final 
analysis to determine whether or not to issue the ITPs. If the 
requirements are met, we will issue the permits to the applicants.

Public Comments

    If you wish to comment on the permit application, plan, 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: July 28, 2014.
Jay B. Herrington,
Field Supervisor, Jacksonville Field Office.
[FR Doc. 2014-18591 Filed 8-5-14; 8:45 am]