[Federal Register Volume 84, Number 216 (Thursday, November 7, 2019)]
[Notices]
[Pages 60105-60106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24341]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R4-ES-2019-N158; FXES11140400000-190-FF04EF2000]


Receipt of Incidental Take Permit Application and Proposed 
Habitat Conservation Plan for the Sand Skink, Blue-Tailed Mole Skink, 
Eastern Indigo Snake, and Gopher Tortoise; Polk County, FL; Categorical 
Exclusion

AGENCY: Fish and Wildlife Service, Interior.

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

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SUMMARY: We, the Fish and Wildlife Service (Service), announce receipt 
of an application from Vulcan Industries, Florida Rock Division, doing 
business as Florida Rock Industries, Inc. (applicant) for an incidental 
take permit (ITP) under the Endangered Species Act. The applicant 
requests the ITP to take the federally listed sand skink, blue-tailed 
mole skink, and eastern indigo snake and also the gopher tortoise, 
which is a candidate for Federal listing, incidental to land clearing 
and excavation of sand in Polk County, Florida. We request public 
comment on the application, which includes the applicant's proposed 
habitat conservation plan (HCP), and the Service's preliminary 
determination that this HCP qualifies as ``low-effect,'' categorically 
excluded, under the National Environmental Policy Act. To make this 
determination, we used our environmental action statement and low-
effect screening form, both of which are also available for public 
review.

DATES: We must receive your written comments by December 9, 2019.

ADDRESSES: 
    Obtaining Documents: You may obtain copies of the documents by any 
of the following methods:
     Telephone: Elizabeth Landrum, 772-469-4304.
     Email: [email protected].
     U.S. mail: Elizabeth Landrum, South Florida Ecological 
Services Field Office, Attn. Vulcan Industries Permit TE16399D-0, U.S. 
Fish and Wildlife Service, 1339 20th Street, Vero Beach, FL 32960-3559.
     In-person: The documents may be reviewed by appointment 
during normal business hours at the above address. Please call to make 
an appointment.
     Fax: Elizabeth Landrum, 772-562-4288, Attn.: Permit number 
``TE16399D-0.''
    Submitting Comments: If you wish to submit comments on any of the 
documents, you may do so in writing via the above email address, U.S. 
mail address, or fax number, or you may hand-deliver comments to the 
above address during regular business hours.

FOR FURTHER INFORMATION CONTACT: Elizabeth Landrum, by U.S. mail (see 
ADDRESSES) or via phone at 772-469-4304. Individuals who are hearing 
impaired or speech impaired may call the Federal Relay Service at 800-
877-8339 for TTY assistance.

SUPPLEMENTARY INFORMATION: We, the Fish and Wildlife Service, announce 
receipt of an application from Vulcan Industries, Florida Rock 
Division, doing business as Florida Rock Industries, Inc. (applicant) 
for an incidental take permit (ITP) under the Endangered Species Act of 
1973, as amended (ESA; 16 U.S.C. 1531 et seq.). The applicant requests 
the ITP to take the federally listed sand skink (Neoseps reynoldsi), 
blue-tailed mole skink (Eumeces egregius lividus), and eastern indigo 
snake (Drymarchon corais couperi), and also one candidate for Federal 
listing, the gopher tortoise (Gopherus polyphemus) (covered species), 
incidental to land clearing and sand mining (project) in Polk County, 
Florida. We request public comment on the application, which includes 
the applicant's proposed habitat conservation plan (HCP), and the 
Service's preliminary determination that this HCP qualifies as ``low-
effect,'' categorically excluded under the National Environmental 
Policy Act (NEPA; 42 U.S.C. 4321 et seq.). To make this determination, 
we used our

[[Page 60106]]

environmental action statement and low-effect screening form, both of 
which are also available for public review.

Project

    The applicant requests a 20-year ITP to take the covered species 
incidental to the clearing of vegetation, grading, construction of 
berms and access roads, and the excavation and removal of sand within a 
314.56-acre (ac) parcel in Sections 29, 30, and 32, Township 29S, Range 
28E, Polk County, Florida. The applicant will take approximately 246.14 
ac of occupied skink habitat, 250 ac of occupied indigo snake habitat, 
and 249.2 ac of occupied gopher tortoise habitat within the parcel. The 
project will be implemented in phases.
    Prior to each phase, skink and gopher tortoise surveys will be 
conducted along with permitting and relocation, when necessary, in 
accordance with Florida Fish and Wildlife Conservation Commission 
guidelines. Gopher tortoise guidelines also will be implemented as 
applicable prior to each phase. The applicant proposes to mitigate for 
take of the skinks by purchasing credits in a Service-approved 
conservation bank in the amounts specified by the Service. The 
applicant will mitigate for take of the Eastern indigo snake by 
contributing $180.00 to the Eastern Indigo Snake Fund (Fund) for each 
ac of habitat unoccupied by skinks as determined through surveys for 
the species. The snake also is expected to benefit from the applicant's 
purchase of conservation bank credits for take of the skinks. The 
applicant would be required to purchase the required skink credits, 
contribute to the Fund, and implement gopher tortoise guidelines, as 
applicable, prior to engaging in any phase of the project.

Public Availability of Comments

    Before including your address, phone number, email address, or 
other personal identifying information in your comment, be aware that 
your entire comment--including your personal identifying information--
may be made available to the public. While you may request that we 
withhold your personal identifying information, we cannot guarantee 
that we will be able to do so.

Our Preliminary Determination

    The Service has made a preliminary determination that the 
applicant's project, including land clearing, construction of berms and 
access roads, excavation and removal of sand, and the proposed 
mitigation measures, would individually and cumulatively have a minor 
or negligible effect on the covered species and the environment. 
Therefore, we have preliminarily concluded that the ITP for this 
project would qualify for categorical exclusion and the HCP would be 
low effect under our NEPA regulations at 43 CFR 46.205 and 46.210. A 
low-effect HCP is one that would result in
    (1) Minor or negligible effects on federally listed, proposed, and 
candidate species and their habitats;
    (2) Minor or negligible effects on other environmental values or 
resources; and
    (3) Impacts that, when considered together with the impacts of 
other past, present, and reasonably foreseeable similarly situated 
projects, would not over time result in significant cumulative effects 
to environmental values or resources.

Next Steps

    The Service will evaluate the application and the comments received 
to determine whether to issue the requested permit. We will also 
conduct an intra-Service consultation pursuant to section 7 of the ESA 
to evaluate the effects of the proposed take. After considering the 
above findings, we will determine whether the permit issuance criteria 
of section 10(a)(1)(B) of the ESA have been met. If met, the Service 
will issue ITP number TE16399D-0 to the applicant.

Authority

    The Service provides this notice under section 10(c) (16 U.S.C. 
1539(c)) of the ESA and NEPA regulation 40 CFR 1506.6.

Roxanna Hinzman,
Field Supervisor, South Florida Ecological Services Office.
[FR Doc. 2019-24341 Filed 11-6-19; 8:45 am]
 BILLING CODE 4333-15-P