[Federal Register Volume 79, Number 228 (Wednesday, November 26, 2014)]
[Notices]
[Pages 70542-70544]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-28005]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R4-ES-2014-N212; FXES1112040000-156-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
Division (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 December 26, 2014.
ADDRESSES: See the SUPPLEMENTARY INFORMATION section below for
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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
TE42144B-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, FL (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 Division
(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 537.46-acre project area over the
life of the mine. Construction activities associated with the Sandland
Sand Mine (project) will take place within Sections 31 and 32, Township
29 South, Range 28 East, and Sections 5 and 6, Township 30 South, Range
28 East, Polk County, Florida.
The project has been divided into 10 phases (1B, 2, 3-10), based on
the anticipated progression of the mining operation. Within the first
three phases (1B-3) the applicant anticipates impacting about 17.71
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 within
the project. The extent of direct impacts in future phases is currently
undetermined; however, based on the current USFWS guidelines, within
the remaining phases (4-10), approximately 150.98 acres of the site
appear to be suitable for the two skink species and the gopher
tortoise. The applicant's HCP describes the minimization and mitigation
measures proposed to address the effects of the project on the skinks
and gopher tortoise.
Applicant's Proposed Project
We received an application from the applicant for an ITP, along
with a proposed HCP. The applicant requests a 15-year permit under
section 10(a)(1)(B) of the Act (16 U.S.C. 1531 et seq.). The applicant
proposes incremental mining of sand reserves throughout the permitted
mining limits of the approximately 537.46-acre project area over the
life of the mine. The project has been divided into 10 phases, based on
the anticipated progression of the mining operation. Within the first
three phases (1B-3), the applicant anticipates impacting about 17.71
acres of breeding, feeding, and sheltering habitat for the sand skink,
bluetail mole skink, and gopher tortoise, incidental to land
preparation for project.
The extent of direct impacts in future phases is currently
undetermined; however, based on the current USFWS guidelines, within
Phases 4-10, approximately 150.98 acres of the site appear to be
suitable for the two skink species and the gopher tortoise. The
applicant's HCP describes the minimization and mitigation measures
proposed to address the effects of the project on the 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 Service's approved survey guidelines at the time the
surveys are conducted.
The applicant proposes to mitigate for impacts to occupied skink
habitat within Phases 1B-3 at a ratio of 2:1, by purchasing
approximately 35.42 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 Phases 1B-4, 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. The
applicants' proposed project qualifies as a ``low-effect'' project, as
more fully explained in our environmental action statement and
associated Low Effect Screening Form. 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 TE42144B-0''
as your message subject line.
Fax: Brian Powell, (772) 562-4288, Attn.: Permit number TE42144B-0.
U.S. mail: Brian Powell, Wildlife Biologist, South Florida
Ecological Services Field Office, Attn: Permit number TE42144B-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 application 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-
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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: November 20, 2014.
Robert Progulske,
Field Supervisor, South Florida Ecological Services Office.
[FR Doc. 2014-28005 Filed 11-25-14; 8:45 am]
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