[Federal Register Volume 79, Number 228 (Wednesday, November 26, 2014)]
[Notices]
[Pages 70542-70544]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-28005]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R4-ES-2014-N212; FXES1112040000-156-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 
Division (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 December 26, 2014.

ADDRESSES: See the SUPPLEMENTARY INFORMATION section below for

[[Page 70543]]

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 
TE42144B-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, FL (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 Division 
(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 537.46-acre project area over the 
life of the mine. Construction activities associated with the Sandland 
Sand Mine (project) will take place within Sections 31 and 32, Township 
29 South, Range 28 East, and Sections 5 and 6, Township 30 South, Range 
28 East, Polk County, Florida.
    The project has been divided into 10 phases (1B, 2, 3-10), based on 
the anticipated progression of the mining operation. Within the first 
three phases (1B-3) the applicant anticipates impacting about 17.71 
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 within 
the project. The extent of direct impacts in future phases is currently 
undetermined; however, based on the current USFWS guidelines, within 
the remaining phases (4-10), approximately 150.98 acres of the site 
appear to be suitable for the two skink species and the gopher 
tortoise. The applicant's HCP describes the minimization and mitigation 
measures proposed to address the effects of the project on the skinks 
and gopher tortoise.

Applicant's Proposed Project

    We received an application from the applicant for an ITP, along 
with a proposed HCP. The applicant requests a 15-year permit under 
section 10(a)(1)(B) of the Act (16 U.S.C. 1531 et seq.). The applicant 
proposes incremental mining of sand reserves throughout the permitted 
mining limits of the approximately 537.46-acre project area over the 
life of the mine. The project has been divided into 10 phases, based on 
the anticipated progression of the mining operation. Within the first 
three phases (1B-3), the applicant anticipates impacting about 17.71 
acres of breeding, feeding, and sheltering habitat for the sand skink, 
bluetail mole skink, and gopher tortoise, incidental to land 
preparation for project.
    The extent of direct impacts in future phases is currently 
undetermined; however, based on the current USFWS guidelines, within 
Phases 4-10, approximately 150.98 acres of the site appear to be 
suitable for the two skink species and the gopher tortoise. The 
applicant's HCP describes the minimization and mitigation measures 
proposed to address the effects of the project on the 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 Service's approved survey guidelines at the time the 
surveys are conducted.
    The applicant proposes to mitigate for impacts to occupied skink 
habitat within Phases 1B-3 at a ratio of 2:1, by purchasing 
approximately 35.42 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 Phases 1B-4, 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. The 
applicants' proposed project qualifies as a ``low-effect'' project, as 
more fully explained in our environmental action statement and 
associated Low Effect Screening Form. 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: <a href="/cdn-cgi/l/email-protection#e1a39388808fbeb18e96848d8da1879692cf868e97"><span class="__cf_email__" data-cfemail="c082b2a9a1ae9f90afb7a5acac80a6b7b3eea7afb6">[email protected]</span></a>. Use ``Attn: Permit number TE42144B-0'' 
as your message subject line.
    Fax: Brian Powell, (772) 562-4288, Attn.: Permit number TE42144B-0.
    U.S. mail: Brian Powell, Wildlife Biologist, South Florida 
Ecological Services Field Office, Attn: Permit number TE42144B-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 application 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-

[[Page 70544]]

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: November 20, 2014.
Robert Progulske,
Field Supervisor, South Florida Ecological Services Office.
[FR Doc. 2014-28005 Filed 11-25-14; 8:45 am]
BILLING CODE 4310-55-P


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