[Federal Register Volume 82, Number 39 (Wednesday, March 1, 2017)]
[Notices]
[Pages 12233-12234]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-03969]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R4-ES-2017-N020; FXES11130400000EA-123-FF04EF1000]


Endangered and Threatened Wildlife and Plants; Availability of 
Proposed Low-Effect Habitat Conservation Plans, Lake and Volusia 
County, FL

AGENCY: Fish and Wildlife Service, Interior.

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

-----------------------------------------------------------------------

SUMMARY: We, the Fish and Wildlife Service (Service), have received 
three applications for incidental take permits (ITPs) 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 
March 31, 2017.

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 TE14817C-0'' 
for Mattamy Orlando, LLC (Postal Colony Property); ``Attn: Permit 
number TE14818C-0'' for Mattamy Orlando, LLC (Hartle Road Extension 
Property); and ``Attn: Permit number TE14819C-0'' for Duke Energy 
Florida, LLC.
    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 three applications for incidental take permits (ITPs) 
under the Endangered Species Act of 1973, as amended (Act). Mattamy 
Orlando, LLC (Postal Colony Property) requests a 5-year ITP; Mattamy 
Orlando, LLC (Hartle Road Extension Property) requests a 5-year ITP; 
and Duke Energy Florida requests a 5-year ITP. 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 
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.

Applicants' Proposals

Mattamy Orlando, LLC (Postal Colony Property)

    Mattamy Orlando, LLC is requesting take of approximately .25 ac of 
occupied sand skink foraging and sheltering habitat incidental to 
installation of a water pipe trench, and they seek a 5-year permit. The 
.77-ac project is located north of John's Lake Road and east of Hancock 
Road, along Lost Lake Road within Sections 34, Township 22 South, and 
Range 26 East, Lake County, Florida. The project includes installation 
of a water pipe trench, and the impacts are considered temporary. The 
applicant proposes to mitigate for the take of the sand skink by the 
purchase of 0.02 mitigation credits within the Hatchineha Conservation 
Bank or another Service-approved sand skink bank.

Mattamy Orlando, LLC (Hartle Road Extension Property)

    Mattamy Orlando, LLC is requesting take of approximately 2.0 ac of 
occupied sand skink foraging and sheltering habitat incidental to 
construction of a road extension, and they seek a 5-year permit. The 
3.7-ac project is located on parcel numbers 09-22-26-110004200000 
within Sections 26 and 27, Township 22 South, Range 26 East, Lake 
County, Florida. The project includes construction of a road extension 
and the associated infrastructure, and landscaping. The applicant 
proposes to mitigate for the take of the sand skink by the purchase of 
4.0 mitigation credits within the Hatchineha Conservation Bank or 
another Service-approved sand skink bank.

Duke Energy Florida, LLC (Highbanks Substation)

    Duke Energy Florida, LLC is requesting take of approximately .48 
acres (ac) of occupied scrub-jay foraging

[[Page 12234]]

and sheltering habitat incidental to construction of an energy 
substation, and they seek a 5-year permit. The 27.7-ac project site is 
located on parcel number 802100000012 within Section 21, Township 18 
South, and Range 30 East, Volusia County, Florida. The project includes 
construction of a substation, access road, and transmission poles, and 
the associated clearing, infrastructure, and landscaping. The applicant 
proposes to mitigate for the take of the scrub-jay through the deposit 
of funds in the amount of $15,327 to the Nature Conservancy's 
Conservation Fund, for the management and conservation of the Florida 
scrub-jay based on Service Mitigation Guidelines.

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 TE14817C-0, 
TE14818C-0, and TE14819C-0. 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 
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: February 7, 2017.
Jay B. Herrington,
Field Supervisor, Jacksonville Field Office, Southeast Region.
[FR Doc. 2017-03969 Filed 2-28-17; 8:45 am]
BILLING CODE 4333-15-P