[Federal Register Volume 81, Number 130 (Thursday, July 7, 2016)]
[Notices]
[Pages 44322-44324]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16079]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R4-ES-2015-N115; FXES11130400000EA-123-FF04EF1000]


Endangered and Threatened Wildlife and Plants; Availability of 
Proposed Low-Effect Habitat Conservation Plans, Lake, 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), have received 
five applications for incidental take permits (ITPs) and one renewal of 
an ITP under the Endangered Species Act of 1973, as amended (Act) in 
Lake County, Florida. We request public comment on the permit 
applications and accompanying proposed habitat conservation plans 
(HCPs), as well as on our preliminary determination that the plans 
qualify as low-effect under the National Environmental Policy Act 
(NEPA). To make this determination, we used our environmental action 
statements and low-effect screening forms, which are also available for 
review.

DATES: To ensure consideration, please send your written comments by 
August 8, 2016.

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: [email protected]. Use ``Attn: Permit number TE96908B-0'' 
as your message subject line for Walton Acquistions FL, LLC; ``Attn: 
Permit number TE96852B-0'' for EPC Holdings 808 LLC and Parkview Oaks, 
LLC; ``Attn: Permit number TE96862B-0'' for Mattamy Orlando, LLC (Ladd 
Property); ``Attn: Permit number TE96859B-0'' for Mattamy Orlando, LLC 
(NOLA Property); ``Attn: Permit number TE96904B-0'' for Mattamy 
Orlando, LLC (Clermont Self Storage Property); and ``Attn: Permit 
number TE105732-2'' for Richard Bosserman.
    Fax: Field Supervisor, (904) 731-3191, Attn: Permit number [Insert 
permit number].
    U.S. mail: Field Supervisor, Jacksonville Ecological Services Field 
Office, Attn: Permit number [Insert permit number], U.S. Fish and 
Wildlife Service, 7915 Baymeadows Way, Suite 200, Jacksonville, FL 
32256.
    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: [email protected].

SUPPLEMENTARY INFORMATION: We, the Fish and Wildlife Service (Service), 
have received five applications for incidental take permits (ITPs) and 
one renewal of an ITP under the Endangered Species Act of 1973, as 
amended (Act). Walton Acquisitions FL, LLC requests a 20-year ITP; EPC 
Holdings 808 LLC and Parkview Oaks, LLC request a 25-year ITP; Mattamy 
Orlando, LLC (Ladd Property) requests a 5-year ITP; Mattamy Orlando, 
LLC (NOLA Property) requests a 5-year ITP; Mattamy Orlando, LLC 
(Clermont Self Storage Property) requests a 5-year ITP; and Richard 
Bosserman requests a 10-year renewal of ITP permit #TE105732-1. We 
request public comment on the permit applications and accompanying 
proposed habitat conservation plans (HCPs), as well as on our 
preliminary determination that the plans qualify 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.

Background

    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

[[Page 44323]]

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.

Applicants' Proposals

Walton Acquisitions FL, LLC

    Walton Acquisitions FL, LLC is requesting take of approximately 
6.03 acres (ac) of occupied sand skink foraging and sheltering habitat 
incidental to construction of a residential project, and they seek a 
20-year permit. The 505.99-ac project is located on parcel number 21-
20-24-000100000900 within Sections 21, 22, 27, and 28, Township 22 
South, and Range 26 East, Lake County, Florida. The project includes 
construction of a residential development and the associated 
infrastructure, and landscaping. The applicant proposes to mitigate for 
the take of the sand skink by the purchase of 12.06 mitigation credits 
within the Collany Conservation Bank or another Service-approved sand 
skink bank.

EPC Holdings 808 LLC and Parkview Oaks, LLC

    EPC Holdings 808 LLC and Parkview Oaks, LLC request take of 
approximately 1.58 ac of occupied sand skink foraging and sheltering 
habitat incidental to construction of a residential project, and they 
seek a 25-year permit. The 1433-ac project is located on parcels 
identified with by the Lake County Property Appraiser with the 
Alternate Key IDs of 1037051, 2804271, 1031028, 1065062, 3029038, 
3029020, 3029011, 3859093, 1017301, 2868180, 3854637, 3884096, 1590361, 
3860074, 1070015, 3860073, 1070015, and 3859995, 1590817, 3019890, 
1027764, 2934590, 2934581, 2934603, and 1065101, within Sections 16, 
17, 20, 21, 28, and 29, Township 21 South, and Range 26 East, Lake 
County, Florida. The project includes construction of a residential 
development and the associated infrastructure, and landscaping. The 
applicant proposes to mitigate for the take of the sand skink by the 
purchase of 3.16 mitigation credits within the Collany Conservation 
Bank or another Service-approved sand skink bank.

Mattamy Orlando, LLC (Ladd Property)

    Mattamy Orlando, LLC is requesting take of approximately 10.65 ac 
of occupied sand skink foraging and sheltering habitat incidental to 
construction of a residential project, and they seek a 5-year permit. 
The 17.75-ac project is located on parcel numbers 342226000200000200, 
342226130000C00001, and 342226000200000600 within Section 34, Township 
22 South, and Range 26 East, Lake County, Florida. The project includes 
construction of a residential development and the associated 
infrastructure, and landscaping. The applicant proposes to mitigate for 
the take of the sand skink by the purchase of 21.3 mitigation credits 
within the Hatchineha Conservation Bank or another Service-approved 
sand skink bank.

Mattamy Orlando, LLC (NOLA Property)

    Mattamy Orlando, LLC is requesting take of approximately 9.67 ac of 
occupied sand skink foraging and sheltering habitat incidental to 
construction of a residential project, and they seek a 5-year permit. 
The 541-ac project is located on parcel numbers 27-22-26-00-030-0000-
500, 34-22-26-00-010-0000-100, and 35-22-26-00-010-0000-600 within 
Sections 27, 34, 35 and 36, Township 22 South, and Range 26 East, Lake 
County, Florida. The project includes construction of a residential 
development and the associated infrastructure, and landscaping. The 
applicant proposes to mitigate for the take of the sand skink by the 
purchase of 19.34 mitigation credits within the Hatchineha Conservation 
Bank or another Service-approved sand skink bank.

Mattamy Orlando, LLC (Self Storage Property)

    Mattamy Orlando, LLC is requesting take of approximately 9.1 ac of 
occupied sand skink foraging and sheltering habitat incidental to 
construction of a mixed commercial and residential project, and they 
seek a 5-year permit. The 16.25-ac project is located on parcel numbers 
342226130000A00000, 34226130000000100, 342226130000C00000, and 
342226000200000200 within Section 34, Township 22 South, Range 26 East, 
Lake County, Florida. The project includes construction of a mixed 
commercial and residential development and the associated 
infrastructure, and landscaping. The applicant proposes to mitigate for 
the take of the sand skink by the purchase of 18.2 mitigation credits 
within the Hatchineha Conservation Bank or another Service-approved 
sand skink bank.

Richard Bosserman

    Richard Bosserman has been approved for take of approximately 1.9 
ac of sand skink-occupied habitat incidental to construction of a 
commercial facility, and seeks a 10-year extension on an existing 
permit. The 29.6-ac project is located within Section 27, Township 22 
South, and Range 26 East, Clermont, Lake County, Florida. The 
applicant's HCP describes the mitigation and minimization measures the 
applicant completed to address the effects of the project to the sand 
skink.

Our Preliminary Determination

    We have determined that the applicants' proposals, including the 
proposed mitigation and minimization measures, would have minor or 
negligible effects on the species covered in their HCPs. Therefore, we 
determined that the ITPs for each of the applicants are ``low-effect'' 
projects and qualify for categorical exclusion 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 HCPs and comments we receive to determine 
whether the ITP applications meet 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 numbers TE96908B-0, 
TE96852B-0, TE96862B-0, TE96859B-0, TE96904B, and TE105732-2. We will 
also evaluate whether issuance of the section 10(a)(1)(B) ITPs complies 
with section 7 of the Act by conducting an intra-Service section 7 
consultation. We will use the results of this consultation, 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 applications, HCPs, and 
associated documents, you may submit comments by any one of the methods 
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 
ask us in your comment to withhold your personal identifying

[[Page 44324]]

information from public review, we cannot guarantee that we will be 
able to do so.

Authority

    We provide this notice under Section 10 of the Act and NEPA 
regulations (40 CFR 1506.6).

    Dated: June 29, 2016.
Jay B. Herrington,
Field Supervisor, Jacksonville Field Office, Southeast Region.
[FR Doc. 2016-16079 Filed 7-6-16; 8:45 am]
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