[Federal Register Volume 87, Number 127 (Tuesday, July 5, 2022)]
[Notices]
[Page 39865]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14182]



[[Page 39865]]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[Docket No. FWS-R4-ES-2022-0002; FXES11130400000-223-FF04EF4000]


Receipt of Incidental Take Permit Application and Proposed 
Habitat Conservation Plan for the Audubon's Crested Caracara; Glades 
County, FL; Categorical Exclusion

AGENCY: Fish and Wildlife Service, Interior.

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

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SUMMARY: We, the Fish and Wildlife Service (Service), announce receipt 
of an application from Stewart Materials, LLC (applicant) for an 
incidental take permit (ITP) under the Endangered Species Act. The 
applicant requests the ITP to take the federally listed Audubon's 
crested caracara incidental to the construction and operation of a sand 
mine in Glades County, Florida. We request public comment on the 
application, which includes the applicant's proposed habitat 
conservation plan (HCP), and on 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 on or before August 4, 
2022.

ADDRESSES: 
    Obtaining Documents: You may obtain copies of the documents online 
in Docket No. FWS-R4-ES-2022-0002 at https://www.regulations.gov.
    Submitting Comments: If you wish to submit comments on any of the 
documents, you may do so in writing by any of the following methods:
    <bullet> Online: https://www.regulations.gov. Follow the 
instructions for submitting comments on Docket No. FWS-R4-ES-2022-0002.
    <bullet> U.S. mail: Public Comments Processing, Attn: Docket No. 
FWS-R4-ES-2022-0002; U.S. Fish and Wildlife Service, MS: PRB/3W, 5275 
Leesburg Pike, Falls Church, VA 22041-3803.

FOR FURTHER INFORMATION CONTACT: Alfredo Begazo, by U.S. mail (see 
ADDRESSES), or via phone at 772-469-4234. Individuals in the United 
States who are deaf, deafblind, hard of hearing, or have a speech 
disability may dial 711 (TTY, TDD, or TeleBraille) to access 
telecommunications relay services. Individuals outside the United 
States should use the relay services offered within their country to 
make international calls to the point-of-contact in the United States.

SUPPLEMENTARY INFORMATION: We, the Fish and Wildlife Service, announce 
receipt of an application from Stewart Materials, LLC (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 Audubon's crested caracara 
(Polyborus plancus audubonii) (caracara) incidental to the construction 
and operation of a sand mine in Glades County, Florida. We request 
public comment on the application, which includes the applicant's HCP, 
and on 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 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 caracara via the 
conversion of approximately 408.4 acres of occupied nesting, foraging, 
and sheltering caracara habitat incidental to the construction and 
operation of a sand mine on a 408.4-acre parcel in Sections 21, 22, 27, 
and 28, Township 41 South, Range 31 East in Glades County, Florida. The 
applicant proposes to mitigate for take of caracara by donating 
$100,000 to the Fish and Wildlife Foundation of Florida's Crested 
Caracara Conservation Fund, an organization dedicated to the recovery 
efforts for the species. The applicant would make the proposed donation 
prior to engaging in any phase of the project. Additionally, after the 
mining operations have concluded, the applicant will plant 20 cabbage 
palm trees in the buffer around the lake on the parcel. Cabbage palms 
are the preferred nesting tree for the caracara. These plantings will 
enhance the area for caracara nesting.

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, grading, excavating, and 
removal of commercial grade sands via an electric powered hydraulic 
dredge; construction of berms and access roads; and other ground 
disturbance and site preparation activities--would individually and 
cumulatively have a minor or negligible effect on the caracara and the 
environment. Therefore, we have preliminarily concluded that the ITP 
for this project would qualify for categorical exclusion and that the 
HCP is 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 
reasonable foreseeable similarly situated projects, would not result in 
significant cumulative effects to environmental values or resources 
over time.

Next Steps

    The Service will evaluate the application and the comments 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 
preceding and other matters, 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 PER0012910 to Stewart Materials, 
LLC.

Authority

    The Service provides this notice under section 10(c) of the ESA (16 
U.S.C. 1531 et seq.) and its implementing regulations (50 CFR 17.32) 
and NEPA (42 U.S.C. 4321 et seq.) and its implementing regulations (40 
CFR 1506.6 and 43 CFR 46.305).

Robert L. Carey,
Division Manager, Environmental Review, Florida Ecological Services 
Office.
[FR Doc. 2022-14182 Filed 7-1-22; 8:45 am]
BILLING CODE 4333-15-P