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, 27421-27422 [2013-11163]

Download as PDF Federal Register / Vol. 78, No. 91 / Friday, May 10, 2013 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES 3. Writing guidance documents that describe best practices and case studies for safety culture advancement. The BSEE is currently exploring these options and will look towards further collaboration with industry and the public. III. Statement of Policy The BSEE defines safety culture as the core values and behaviors of all members of an organization that reflect a commitment to conduct business in a manner that protects people and the environment. It is necessary for everyone participating in the exploration, development, and production of offshore oil and gas—from a contract service provider, to the leaseholder, to the government regulator—to realize the importance of a culture that promotes safety and environmental stewardship to a vigorous and respected offshore energy industry. Each and every person involved in the wide range of activities associated with the offshore oil and gas program should emphasize the need to integrate safety and environmental stewardship into personal, company, and government performance objectives. Continued improvement in safety and environmental protection will demonstrate to the American public that access to the valuable offshore energy resources can be accomplished while respecting the environment and protecting the offshore workers. Experience has shown that certain personal and organizational characteristics are present in a culture that promotes safety and environmental responsibility. A characteristic, in this case, is a pattern of thinking, feeling, and behaving that emphasizes safety, particularly in situations that may have conflicting goals (e.g., production, schedule, and the cost of the effort versus safety and environmental protection). The following are some of the characteristics that typify a robust safety culture: 1. Leadership Commitment to Safety Values and Actions. Leaders demonstrate a commitment to safety and environmental stewardship in their decisions and behaviors; 2. Hazard Identification and Risk Management. Issues potentially impacting safety and environmental stewardship are promptly identified, fully evaluated, and promptly addressed or corrected commensurate with their significance; 3. Personal Accountability. All individuals take personal responsibility for process and personal safety, as well as environmental stewardship; VerDate Mar<15>2010 18:05 May 09, 2013 Jkt 229001 4. Work Processes. The process of planning and controlling work activities is implemented so that safety and environmental stewardship are maintained while ensuring the correct equipment for the correct work; 5. Continuous Improvement. Opportunities to learn about ways to ensure safety and environmental stewardship are sought out and implemented; 6. Environment for Raising Concerns. A work environment is maintained where personnel feel free to raise safety and environmental concerns without fear of retaliation, intimidation, harassment, or discrimination; 7. Effective Safety and Environmental Communication. Communications maintain a focus on safety and environmental stewardship; 8. Respectful Work Environment. Trust and respect permeate the Organization with a focus on teamwork and collaboration; and 9. Inquiring Attitude. Individuals avoid complacency and continuously consider and review existing conditions and activities in order to identify discrepancies that might result in error or inappropriate action. Although there are additional traits that amplify or extend these basic characteristics, these nine characteristics are foundational to the development of an effective and functioning safety culture that recognizes the need to protect people and the environment first and foremost. Dated: May 2, 2013. James A. Watson, Director, Bureau of Safety and Environmental Enforcement. [FR Doc. 2013–11117 Filed 5–9–13; 8:45 am] BILLING CODE 4310–VH–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS–R4–ES–2013–N106; FXES1112040000–134–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 Fish and Wildlife Service, Interior. ACTION: Notice of availability; request for comment/information. AGENCY: We, the Fish and Wildlife Service (Service), announce the availability of an incidental take permit (ITP) application and a Habitat SUMMARY: PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 27421 Conservation Plan (HCP). Vulcan Materials Company, Florida Rock Divisions (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 June 10, 2013. ADDRESSES: See the SUPPLEMENTARY INFORMATION section below for 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 TE01724B–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, Florida (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 Divisions (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 488.35-acre project area over the life of the mine. The site has been divided into five phases, based on the anticipated progression of the mining operation. Within Phase I, the applicant anticipates taking about 6.72 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 located in Polk County, Florida (project). The extent of direct impacts in future phases is currently undetermined; however, based on the current USFWS guidelines, within Phases II, III, and IV, E:\FR\FM\10MYN1.SGM 10MYN1 27422 Federal Register / Vol. 78, No. 91 / Friday, May 10, 2013 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES approximately 201.17 acres of the site appear to be suitable for the gopher tortoise, and approximately 130.75 acres appear to be suitable for the two skink species. The applicant’s HCP describes the minimization and mitigation measures proposed to address the effects of the project on the sand skinks and gopher tortoise. Applicant’s Proposed Project We received an application from the applicant for an incidental take permit, along with a proposed habitat conservation plan (HCP). The applicant requests a 20-year permit under section 10(a)(1)(B) of the Act (87 Stat.884; 16 U.S.C. 1531 et seq.). The applicant proposes incremental mining of sand reserves throughout the permitted mining limits of the approximately 488.35-acre project area over the life of the mine. The site has been divided into five phases, based on the anticipated progression of the mining operation. Within Phase I, the applicant anticipates taking about 6.72 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 located in Polk County, Florida (project). The extent of direct impacts in future phases is currently undetermined; however, based on the current USFWS guidelines, within Phases II, III, and IV, approximately 201.17 acres of the site appear to be suitable for the gopher tortoise, and approximately 130.75 acres appear to be suitable for the two skink species. The applicant’s HCP describes the minimization and mitigation measures proposed to address the effects of the project on the sand 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 guidelines at the time the surveys are conducted. Construction activities associated with the Diamond Sand Mine will take place within Sections 3 and 4, Township 30 South, Range 28 East, Polk County, Florida. The applicant proposes to mitigate for impacts to occupied skink habitat within Phase I by purchasing approximately 13.44 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 VerDate Mar<15>2010 18:05 May 09, 2013 Jkt 229001 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 Phase I, 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. As more fully explained in our environmental action statement and associated Low Effect Screening Form, the applicants’ proposed project qualifies as a ‘‘loweffect’’ project. 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: Brian_Powell@fws.gov. Use ‘‘Attn: Permit number TE01724B–0’’ as your message subject line. Fax: Brian Powell, (772) 562–4288, Attn.: Permit number TE01724B–0. U.S. mail: Brian Powell, Wildlife Biologist, South Florida Ecological Services Field Office, Attn: Permit number TE01724B–0, U.S. Fish and PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 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 applications 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 intraService 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: May 6, 2013. Larry Williams, Field Supervisor, South Florida Ecological Services Office. [FR Doc. 2013–11163 Filed 5–9–13; 8:45 am] BILLING CODE 4310–55–P DEPARTMENT OF THE INTERIOR Bureau of Ocean Energy Management MMAA104000 Environmental Documents Prepared for Oil, Gas, and Mineral Operations by the Gulf of Mexico Outer Continental Shelf (OCS) Region Bureau of Ocean Energy Management (BOEM), Interior. ACTION: Notice of the Availability of Environmental Documents Prepared for OCS Mineral Proposals by the Gulf of Mexico OCS Region. AGENCY: BOEM, in accordance with Federal Regulations that implement the National Environmental Policy Act SUMMARY: E:\FR\FM\10MYN1.SGM 10MYN1

Agencies

[Federal Register Volume 78, Number 91 (Friday, May 10, 2013)]
[Notices]
[Pages 27421-27422]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-11163]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R4-ES-2013-N106; FXES1112040000-134-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.

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

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 
Divisions (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 June 10, 2013.

ADDRESSES: See the SUPPLEMENTARY INFORMATION section below for 
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 
TE01724B-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, Florida (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 Divisions 
(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 488.35-acre project area over the 
life of the mine.
    The site has been divided into five phases, based on the 
anticipated progression of the mining operation. Within Phase I, the 
applicant anticipates taking about 6.72 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 located in Polk County, Florida 
(project). The extent of direct impacts in future phases is currently 
undetermined; however, based on the current USFWS guidelines, within 
Phases II, III, and IV,

[[Page 27422]]

approximately 201.17 acres of the site appear to be suitable for the 
gopher tortoise, and approximately 130.75 acres appear to be suitable 
for the two skink species. The applicant's HCP describes the 
minimization and mitigation measures proposed to address the effects of 
the project on the sand skinks and gopher tortoise.

Applicant's Proposed Project

    We received an application from the applicant for an incidental 
take permit, along with a proposed habitat conservation plan (HCP). The 
applicant requests a 20-year permit under section 10(a)(1)(B) of the 
Act (87 Stat.884; 16 U.S.C. 1531 et seq.). The applicant proposes 
incremental mining of sand reserves throughout the permitted mining 
limits of the approximately 488.35-acre project area over the life of 
the mine. The site has been divided into five phases, based on the 
anticipated progression of the mining operation. Within Phase I, the 
applicant anticipates taking about 6.72 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 located in Polk County, Florida 
(project).
    The extent of direct impacts in future phases is currently 
undetermined; however, based on the current USFWS guidelines, within 
Phases II, III, and IV, approximately 201.17 acres of the site appear 
to be suitable for the gopher tortoise, and approximately 130.75 acres 
appear to be suitable for the two skink species. The applicant's HCP 
describes the minimization and mitigation measures proposed to address 
the effects of the project on the sand 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 guidelines at the time the surveys are conducted. Construction 
activities associated with the Diamond Sand Mine will take place within 
Sections 3 and 4, Township 30 South, Range 28 East, Polk County, 
Florida.
    The applicant proposes to mitigate for impacts to occupied skink 
habitat within Phase I by purchasing approximately 13.44 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 Phase I, 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. As more fully 
explained in our environmental action statement and associated Low 
Effect Screening Form, the applicants' proposed project qualifies as a 
``low-effect'' project. 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: Brian_Powell@fws.gov. Use ``Attn: Permit number TE01724B-
0'' as your message subject line.
    Fax: Brian Powell, (772) 562-4288, Attn.: Permit number TE01724B-0.
    U.S. mail: Brian Powell, Wildlife Biologist, South Florida 
Ecological Services Field Office, Attn: Permit number TE01724B-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 applications 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-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: May 6, 2013.
Larry Williams,
Field Supervisor, South Florida Ecological Services Office.
[FR Doc. 2013-11163 Filed 5-9-13; 8:45 am]
BILLING CODE 4310-55-P

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