[Federal Register Volume 78, Number 91 (Friday, May 10, 2013)]
[Notices]
[Pages 27421-27422]
From the Federal Register Online via the Government Publishing 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: [email protected]. 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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