[Federal Register Volume 83, Number 53 (Monday, March 19, 2018)]
[Notices]
[Pages 12020-12022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05592]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R4-ES-2017-N018; FXES11140400000-189-FF04EF2000]
Endangered and Threatened Wildlife and Plants; Receipt of Two
Applications for Incidental Take Permits; Availability of Low-Effect
Proposed Habitat Conservation Plans 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 for comment of two applications for incidental take
permits (ITP) under the Endangered Species Act of 1973, as amended
(Act). The City of Winter Haven and Savi Investments, LLC each request
a separate ITP for take of the federally listed sand skink and blue-
tailed mole skink, incidental to construction in Polk County, Florida.
We request public comments on each of the applications and accompanying
habitat conservation plans (HCPs), as well as on our preliminary
determination that both HCPs qualify as low effect under the National
Environmental Policy Act. To make these determinations, we used
environmental action statements and low-effect screening forms, which
are also available for review.
DATES: We must receive your written comments on the ITP applications
and HCPs on or before April 18, 2018.
ADDRESSES:
Obtaining Documents: You may obtain a copies of the ITP
applications and HCPs by writing to Ms. Elizabeth Landrum, South
Florida Ecological Services Office, Attn: Permit number TE59397C-0 (for
City of Winter Haven) and/or TE60480C-0 (for Savi
[[Page 12021]]
Investments), U.S. Fish and Wildlife Service, 1339 20th Street, Vero
Beach, FL 32960-3559, or by email to verobeach@fws.gov and put Permit
number TE59397C-0 (for City of Winter Haven) and/or TE60480C-0 (for
Savi Investments) in the subject line. We also will make the ITP
applications and HCPs available for public inspection by appointment
during normal business hours at the South Florida Ecological Services
Office address.
Submitting Comments: See Submitting Comments under SUPPLEMENTARY
INFORMATION.
FOR FURTHER INFORMATION CONTACT: Ms. Elizabeth Landrum, South Florida
Ecological Services Office (see ADDRESSES); telephone: 772-469-4304.
SUPPLEMENTARY INFORMATION: We, the Fish and Wildlife Service (Service),
announce the availability for comment of two applications for
incidental take permits (ITP) under the Endangered Species Act of 1973,
as amended (16 U.S.C. 1531 et seq.; Act). The City of Winter Haven and
Savi Investments, LLC each request a separate ITP for take of the
federally listed sand skink (Neoseps reynoldsi) and the blue-tailed
mole skink (Eumeces egregius lividus), incidental to construction in
Polk County, Florida. We request public comments on each of the
applications and accompanying habitat conservation plans (HCPs), as
well as on our preliminary determination that both HCPs qualify as low
effect under the National Environmental Policy Act. To make these
determinations, we used environmental action statements and low-effect
screening forms, which are also available for review. The Service
listed the both skink species as threatened in 1987 (November 6, 1987;
52 FR 42658, effective December 7, 1987).
Background
Section 9 of the ESA and our implementing 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(19)). 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 endangered and
threatened species are at 50 CFR 17.22 and 17.32, 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, the take authorized by an incidental take
permit must not jeopardize the existence of federally listed fish,
wildlife, or plants.
Applicants' Proposed Projects
City of Winter Haven
The City of Winter Haven, Florida (TE59397C-0) is requesting a 2-
year ITP for take incidental to construction of the Lake Maude
Community Recreational Complex and associated infrastructure on a 24.7-
acre parcel in Polk County, Florida. The project site is located in
Section 21, Township 28 South, Range 26 East of the County. The project
would permanently alter 0.36 acres of the species' feeding, breeding,
and sheltering habitat. The City of Winter Haven proposes to mitigate
for impacts to the covered species by purchasing 0.72 mitigation
credits from a Service-approved conservation bank.
Savi Investments, LLC
Savi Investments, LLC requests a 10-year ITP for take of the
covered species incidental to land preparation and construction of
Madera Park Phase II, a single-family residential development, and
associated infrastructure on a 5.7-acre parcel in Polk County, Florida.
Savi Investments, LLC's project site is located in Section 12, Township
25 South, Range 26 East of the County. The project would permanently
alter 1.2 acres of the species' feeding, breeding, and sheltering
habitat. Savi Investments, LLC proposes to purchase 2.4 mitigation
credits from a Service-approved conservation bank to mitigate for
impacts to the covered species.
Our Preliminary Determination
We have made a preliminary determination that both of the
applicants' projects, including the mitigation measures, will
individually and cumulatively have a minor or negligible effect on the
covered species and the environment, so as to be ``low effect'' and
qualify for categorical exclusion under the National Environmental
Policy Act (NEPA), as provided by 43 CFR 46.205 and 43 CFR 46.210. Our
preliminary determinations that issuance of the ITPs qualifies as low
effect are based on the following three criteria: (1) Implementation of
the projects would result in minor or negligible effects on federally
listed, proposed, and candidate species and their habitats; (2)
Implementation of the projects would result in minor or negligible
effects on other environmental values or resources; and (3) Impacts of
the projects, considered together with the impacts of other past,
present, and reasonably foreseeable similarly situated projects, would
not result over time in significant cumulative effects to environmental
values or resources. These preliminary determinations may be revised
based on our review of the public comments submitted in response to
this notice.
Next Steps
We will evaluate each HCP and comments submitted to determine
whether each application meets the requirements of section 10(a) of the
Act. We will also conduct an intra-Service consultation on each
application to evaluate take of the covered species in accordance with
section 7 of the Act. We will use the results of each consultation, in
combination with the above findings, in our analyses of whether or not
to issue the ITPs. If it is determined that the requirements of the Act
are met as to either or both applications, the associated ITP will be
issued.
Submitting Comments
If you wish to comment on the ITP applications or HCPs, you may
submit comments by any one of the following methods. Make sure to put
the appropriate permit number in your email subject line or in your fax
(i.e., City of Winter Haven/TE59397C-0 and/or Savi Investments/
TE60480C-0).
Email: verobeach@fws.gov.
Fax: Elizabeth Landrum, 772-562-4288.
U.S. mail: See ADDRESSES.
In-person drop-off: You may drop off comments or request
information during regular business hours at the address in ADDRESSES.
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
request in your comments that your personal identifying information be
withheld from public review, we cannot guarantee that we will be able
to do so.
Authority
We provide this notice under Section 10 of the Endangered Species
Act (16
[[Page 12022]]
U.S.C. 1531 et seq.) and NEPA regulations (40 CFR 1506.6).
Roxanna Hinzman,
Field Supervisor, South Florida Ecological Services Office.
[FR Doc. 2018-05592 Filed 3-15-18; 4:15 pm]
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