John H. Chafee Coastal Barrier Resources System; Bay and Gulf Counties, FL; Middlesex and Monmouth Counties, NJ; Availability of Draft Maps and Request for Comments, 44320-44322 [2016-16100]
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Federal Register / Vol. 81, No. 130 / Thursday, July 7, 2016 / Notices
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–HQ–ES–2016–0069; FF09E15000–
FXHC112509CBRA1–167]
John H. Chafee Coastal Barrier
Resources System; Bay and Gulf
Counties, FL; Middlesex and
Monmouth Counties, NJ; Availability of
Draft Maps and Request for Comments
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability; request
for comments.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), announce the
availability of six John H. Chafee Coastal
Barrier Resources System (CBRS) draft
revised maps for public review and
comment. The draft maps, all dated May
16, 2016, are for four existing CBRS
units located in Bay and Gulf Counties,
Florida, and for three existing units and
three proposed new units located in
Middlesex and Monmouth Counties,
New Jersey.
DATES: To ensure consideration, we
must receive your written comments by
August 22, 2016.
ADDRESSES: You may submit written
comments by one of the following
methods:
• Electronically: Go to the Federal e–
Rulemaking Portal: https://
www.regulations.gov. In the Search box,
enter FWS–HQ–ES–2016–0069, which
is the docket number for this notice.
Then, on the left side of the screen,
under the Document Type heading,
click on the Notices link to locate this
document and submit a comment.
• By hard copy: Submit by U.S. mail
or hand–delivery to: Public Comments
Processing, Attn: Docket No. FWS–HQ–
ES–2016–0069; Division of Policy,
Performance, and Management
Programs; U.S. Fish and Wildlife
Service; 5275 Leesburg Pike, MS: BPHC;
Falls Church, VA 22041–3808.
We request that you send comments
by only the methods described above.
We will post all information received on
https://www.regulations.gov. If you
provide personal identifying
information in your comment, you may
request at the top of your document that
we withhold this information from
public review. However, we cannot
guarantee that we will be able to do so.
FOR FURTHER INFORMATION CONTACT:
Katie Niemi, Coastal Barriers
Coordinator, (703) 358–2071
(telephone); or CBRA@fws.gov (email).
SUPPLEMENTARY INFORMATION:
srobinson on DSK5SPTVN1PROD with NOTICES
SUMMARY:
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Background
Coastal barriers are typically
elongated, narrow landforms located at
the interface of land and sea, and are
inherently dynamic ecosystems. Coastal
barriers provide important habitat for
fish and wildlife, and serve as the
mainland’s first line of defense against
the impacts of severe storms. With the
passage of the Coastal Barrier Resources
Act (CBRA) in 1982 (Pub. L. 97–348),
Congress recognized that certain actions
and programs of the Federal
Government have historically
subsidized and encouraged
development on coastal barriers, where
severe storms are much more likely to
occur, and the result has been the loss
of natural resources; threats to human
life, health, and property; and the
expenditure of millions of tax dollars
each year.
The CBRA established the CBRS,
which comprised 186 geographic units
encompassing approximately 453,000
acres of undeveloped lands and
associated aquatic habitat along the
Atlantic and Gulf of Mexico coasts. The
CBRS was expanded by the Coastal
Barrier Improvement Act of 1990 (Pub.
L. 101–591) to include additional areas
along the Atlantic and Gulf of Mexico
coasts, as well as areas along the coasts
of the Great Lakes, the U.S. Virgin
Islands, and Puerto Rico. The CBRS now
comprises a total of 859 geographic
units, encompassing approximately 3.3
million acres of relatively undeveloped
coastal barrier lands and associated
aquatic habitat. These areas are depicted
on a series of maps entitled ‘‘John H.
Chafee Coastal Barrier Resources
System.’’
Most new Federal expenditures and
financial assistance that would have the
effect of encouraging development are
prohibited within the CBRS. However,
development can still occur within the
CBRS, provided that private developers
or other non-Federal parties bear the full
cost, rather than the American
taxpayers.
The CBRS includes two types of units,
System Units and Otherwise Protected
Areas (OPAs). System Units generally
comprise private lands that were
relatively undeveloped at the time of
their designation within the CBRS. Most
new Federal expenditures and financial
assistance, including Federal flood
insurance, are prohibited within System
Units. OPAs generally comprise lands
established under Federal, State, or
local law or held by a qualified
organization primarily for wildlife
refuge, sanctuary, recreational, or
natural resource conservation purposes.
OPAs are denoted with a ‘‘P’’ at the end
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of the unit number. The only Federal
spending prohibition within OPAs is
the prohibition on Federal flood
insurance.
The Secretary of the Interior
(Secretary), through the Service, is
responsible for administering the CBRA,
which includes maintaining the official
maps of the CBRS, consulting with
Federal agencies that propose to spend
funds within the CBRS, preparing
updated maps of the CBRS, and making
recommendations to Congress regarding
changes to the CBRS. Aside from three
minor exceptions, only Congress—
through new legislation—can modify
the maps of the CBRS to add or remove
land. These exceptions, which allow the
Secretary to make limited modifications
to the CBRS (16 U.S.C. 3503(c)–(e)), are
for: (1) Changes that have occurred to
the CBRS as a result of natural forces,
(2) voluntary additions to the CBRS by
property owners, and (3) additions of
excess Federal property to the CBRS.
The Service receives numerous
requests from property owners and
other interested parties who seek to
remove areas from the CBRS. When
assessing whether a proposed change to
remove an area from the CBRS
constitutes an appropriate technical
correction, we consider whether the
original intent of the boundaries is
reflected on the maps (i.e., whether the
lines on the maps appropriately follow
the features they were intended to
follow on the ground). We also consider
the level of development that was on the
ground when the area was originally
included in the CBRS by Congress.
The Service generally does not
recommend removals from the CBRS,
unless there is clear and compelling
evidence that a mapping error was
made. In cases where mapping errors
are found, the Service supports changes
to the maps and works with Congress
and other interested parties to create
comprehensively revised maps using
modern digital technology.
Mapping Protocol for the Protection of
Existing Critical Facilities
Through this notice, we are
developing a new CBRS mapping
protocol for critical facilities located
within and immediately adjacent to the
CBRS. Under certain limited
circumstances, the Service may consider
mapping a CBRS area to allow for the
protection of existing critical facilities
(e.g., sewage treatment facilities, nuclear
facilities, and hospitals) that primarily
serve areas located outside of the CBRS.
In such cases, the following criteria
must be met: (1) The protection of the
facility must be consistent with the
three purposes of the CBRA: To
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Federal Register / Vol. 81, No. 130 / Thursday, July 7, 2016 / Notices
minimize the loss of human life,
wasteful expenditure of Federal
revenues, and damage to the fish,
wildlife, and other natural resources
associated with coastal barriers; (2) the
protection of the facility should not
encourage new development within the
CBRS (e.g., a levee protecting a facility
should not also unnecessarily protect an
undeveloped area within the CBRS or
an area within the CBRS that developed
after the unit was established); and (3)
and there must be no reasonable
alternative to protect the facility (e.g.,
nonstructural floodproofing, buyouts to
allow for construction of levees and
flood walls outside of the CBRS,
alternative project design that does not
infringe upon the CBRS, etc.). For the
purpose of this protocol, the Service
defines ‘‘existing’’ as being on-theground as of the date the area was added
to the CBRS, and ‘‘critical facility’’ as a
structure or other improvement that,
because of its function, would likely
cause catastrophic human health and
safety impacts if it is destroyed or
damaged or if its functionality is
impaired. For the purposes of this
protocol, a critical facility does not
include other infrastructure (e.g., roads,
bridges, electric lines, etc.) that is
commonly included within the CBRS.
The Service has developed this new
protocol for critical facilities to allow for
the protection of the Bayshore Regional
Sewerage Authority (BRSA) Wastewater
Treatment Facility in Monmouth
County, New Jersey (see Proposed Map
Modifications section below). In cases
where the Service recommends the
removal of an area from the CBRS in
accordance with this protocol, the
change will become effective only if the
updated map is adopted through
legislation enacted by Congress.
srobinson on DSK5SPTVN1PROD with NOTICES
Proposed Map Modifications
The Service has prepared six
comprehensively revised draft maps
dated May 16, 2016, that propose
modifications to the CBRS in Florida
and New Jersey. Below is a summary of
the changes depicted on the draft maps.
Bay County, Florida
The Service has prepared three draft
maps for St. Andrew Complex P31/P31P
located in Bay County, Florida. The
draft maps for Units P31 and P31P
remove approximately 125 acres from
the CBRS (98 acres of fastland and 27
acres of associated aquatic habitat) and
add approximately 1,582 acres to the
CBRS (131 acres of fastland and 1,451
acres of associated aquatic habitat). The
draft maps remove areas (some of which
were inappropriately included within
the CBRS in the past) and add areas that
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meet the CBRA criteria for inclusion
within the CBRS (16 U.S.C. 3503(g)(1)).
The draft maps also reclassify certain
areas from System Unit to OPA, and
vice versa.
Gulf County, Florida
The Service has prepared two draft
maps for Cape San Blas Unit P30/P30P
located in Gulf County, Florida. The
draft maps for Unit P30/P30P remove
approximately 65 acres from the CBRS
(52 acres of fastland and 13 acres of
associated aquatic habitat) and add
approximately 642 acres to the CBRS
(61 acres of fastland and 581 acres of
associated aquatic habitat). The draft
maps remove areas that were
inappropriately included within the
CBRS in the past and add areas that
meet the CBRA criteria for inclusion
within the CBRS (16 U.S.C. 3503(g)(1)).
The draft maps also reclassify certain
areas from System Unit to OPA, and
vice versa.
Middlesex and Monmouth Counties,
New Jersey
The Service has prepared a draft map
for Seidler Beach Unit NJ–02, Cliffwood
Beach Unit NJ–03P, and Conaskonk
Point Unit NJ–04, located in Middlesex
and Monmouth Counties, New Jersey.
The draft map also includes three
proposed new OPAs, Seidler Beach Unit
NJ–02P, Sayreville Unit NJ–15P, and
Matawan Point Unit NJ–16P, which are
within the vicinity of the existing units.
The draft map for Units NJ–02/NJ–02P,
NJ–03P, NJ–04, NJ–15P, and NJ–16P,
removes approximately 21 acres from
the CBRS (15 acres of fastland and 6
acres of associated aquatic habitat) and
adds approximately 393 acres to the
CBRS (116 acres of fastland and 277
acres of associated aquatic habitat). The
draft map removes areas that were
inappropriately included within the
CBRS in the past. Additionally, a strip
of wetlands along the northeastern side
of the BRSA facility is removed to allow
for the U.S. Army Corps of Engineers to
construct a planned levee to protect a
wastewater treatment facility from
future storm damage. This proposed
removal is in accordance with the
protocol described in the Mapping
Protocol for the Protection of Existing
Critical Facilities section above. The
draft map also adds areas that meet the
CBRA criteria for inclusion within the
CBRS (16 U.S.C. 3503(g)(1) and
reclassifies an area from System Unit to
OPA.
Proposed Additions to the CBRS
The draft maps for Units P30/P30P,
P31/P31P, NJ–02/NJ–02P, NJ–03P, NJ–
04, NJ–15P, and NJ–16P propose
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additions to the CBRS, including the
creation of three new units that are
consistent with a directive in Section 4
of Public Law 109–226 concerning
recommendations for expansion of the
CBRS. The proposed boundaries
depicted on the draft maps for Florida
and New Jersey are based upon the best
data available to the Service at the time
the draft maps were created. Our
assessment indicated that any new areas
proposed for addition to the CBRS were
relatively undeveloped at the time the
draft maps were created.
Section 2 of Public Law 106–514
requires that we consider the following
criteria when assessing the development
status of a potential addition to the
CBRS: (1) Whether the density of
development is less than one structure
per five acres of land above mean high
tide (which generally suggests eligibility
for inclusion within the CBRS); and (2)
whether there is existing infrastructure
consisting of: A road, with a reinforced
road bed, to each lot or building site in
the area; a wastewater disposal system
sufficient to serve each lot or building
site in the area; electric service for each
lot or building site in the area; and a
fresh water supply for each lot or
building site in the area (which
generally suggests ineligibility for
inclusion within the CBRS).
If, upon review of the draft maps,
interested parties find that any areas
proposed for addition to the CBRS are
currently developed (according to the
criteria established by Section 2 of
Public Law 106–514), they may submit
supporting documentation of such
development to the Service during this
public comment period. For any areas
proposed for addition to the CBRS on
the draft maps, we will consider the
density of development and level of
infrastructure on the ground as of the
close of the comment period on the date
listed in the DATES section.
Request for Comments
Section 4 of Public Law 109–226
requires the Secretary to provide an
opportunity for the submission of public
comments. We invite the public to
review and comment on the draft maps
dated May 16, 2016, for CBRS Units
P30/P30P, P31/P31P, NJ–02/NJ–02P,
NJ–03P, NJ–04, NJ–15P, and NJ–16P.
The Service is specifically notifying the
following stakeholders concerning the
availability of the draft revised maps:
The Chair and Ranking Member of the
House of Representatives Committee on
Natural Resources; the Chair and
Ranking Member of the Senate
Committee on Environment and Public
Works; the members of the Senate and
House of Representatives for the
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Federal Register / Vol. 81, No. 130 / Thursday, July 7, 2016 / Notices
affected areas; the Governors of Florida
and New Jersey; other appropriate
Federal, State, and local officials; and
nongovernmental organizations.
Interested parties may submit written
comments and accompanying data
through https://www.regulations.gov, as
described in the ADDRESSES section. The
Service will also accept digital
Geographic Information System (GIS)
data files that are accompanied by
written comments. Comments regarding
specific CBRS unit(s) should reference
the appropriate unit number(s) and unit
name(s). We must receive comments on
or before the date listed in the DATES
section.
Following the close of the comment
period, we will review all comments
received on the draft maps and we will
make adjustments to the draft maps, as
appropriate, based on information
received through public comments,
updated aerial imagery, CBRA criteria,
and objective mapping protocols. We
will then prepare final recommended
maps to be submitted to Congress. The
final recommended maps will become
effective only if they are adopted by
Congress through legislation.
srobinson on DSK5SPTVN1PROD with NOTICES
Availability of Draft Maps and Related
Information
The draft maps, unit summaries
(containing historical changes and more
detailed information regarding proposed
changes to the units), and digital
boundary data can be accessed and
downloaded from the Service’s Web site
at: https://www.fws.gov/ecologicalservices/habitat-conservation/
coastal.html, or via
www.regulations.gov, where public
comments should be submitted. The
digital boundary data are available for
reference purposes only. The digital
boundaries are best viewed using the
base imagery to which the boundaries
were drawn; this information is printed
in the title block of the draft maps. The
Service is not responsible for any
misuse or misinterpretation of the
digital boundary data.
Interested parties may also contact the
Service individual identified in the FOR
FURTHER INFORMATION CONTACT section to
make arrangements to view the draft
maps at the Service’s Headquarters
office. Interested parties who are unable
to access the draft maps via the
Service’s Web site or Headquarters
office may contact the individual
identified in the FOR FURTHER
INFORMATION CONTACT section, and
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reasonable accommodations will be
made.
Gary Frazer,
Assistant Director for Ecological Services.
[FR Doc. 2016–16100 Filed 7–6–16; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R4–ES–2015–N115;
FXES11130400000EA–123–FF04EF1000]
Endangered and Threatened Wildlife
and Plants; Availability of Proposed
Low-Effect Habitat Conservation Plans,
Lake, County, FL
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability; request
for comment/information.
AGENCY:
We, the Fish and Wildlife
Service (Service), have received five
applications for incidental take permits
(ITPs) and one renewal of an ITP 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 August
8, 2016.
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: northflorida@fws.gov. Use
‘‘Attn: Permit number TE96908B–0’’ as
your message subject line for Walton
Acquistions FL, LLC; ‘‘Attn: Permit
number TE96852B–0’’ for EPC Holdings
808 LLC and Parkview Oaks, LLC;
‘‘Attn: Permit number TE96862B–0’’ for
Mattamy Orlando, LLC (Ladd Property);
‘‘Attn: Permit number TE96859B–0’’ for
Mattamy Orlando, LLC (NOLA
Property); ‘‘Attn: Permit number
TE96904B–0’’ for Mattamy Orlando,
LLC (Clermont Self Storage Property);
and ‘‘Attn: Permit number TE105732–2’’
for Richard Bosserman.
SUMMARY:
PO 00000
Frm 00065
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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: erin_gawera@fws.gov.
SUPPLEMENTARY INFORMATION: We, the
Fish and Wildlife Service (Service),
have received five applications for
incidental take permits (ITPs) and one
renewal of an ITP under the Endangered
Species Act of 1973, as amended (Act).
Walton Acquisitions FL, LLC requests a
20-year ITP; EPC Holdings 808 LLC and
Parkview Oaks, LLC request a 25-year
ITP; Mattamy Orlando, LLC (Ladd
Property) requests a 5-year ITP;
Mattamy Orlando, LLC (NOLA Property)
requests a 5-year ITP; Mattamy Orlando,
LLC (Clermont Self Storage Property)
requests a 5-year ITP; and Richard
Bosserman requests a 10-year renewal of
ITP permit #TE105732–1. 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 part 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
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]]>Agencies
[Federal Register Volume 81, Number 130 (Thursday, July 7, 2016)]
[Notices]
[Pages 44320-44322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16100]
[[Page 44320]]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-HQ-ES-2016-0069; FF09E15000-FXHC112509CBRA1-167]
John H. Chafee Coastal Barrier Resources System; Bay and Gulf
Counties, FL; Middlesex and Monmouth Counties, NJ; Availability of
Draft Maps and Request for Comments
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for comments.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the
availability of six John H. Chafee Coastal Barrier Resources System
(CBRS) draft revised maps for public review and comment. The draft
maps, all dated May 16, 2016, are for four existing CBRS units located
in Bay and Gulf Counties, Florida, and for three existing units and
three proposed new units located in Middlesex and Monmouth Counties,
New Jersey.
DATES: To ensure consideration, we must receive your written comments
by August 22, 2016.
ADDRESSES: You may submit written comments by one of the following
methods:
Electronically: Go to the Federal e-Rulemaking Portal:
https://www.regulations.gov. In the Search box, enter FWS-HQ-ES-2016-
0069, which is the docket number for this notice. Then, on the left
side of the screen, under the Document Type heading, click on the
Notices link to locate this document and submit a comment.
By hard copy: Submit by U.S. mail or hand-delivery to:
Public Comments Processing, Attn: Docket No. FWS-HQ-ES-2016-0069;
Division of Policy, Performance, and Management Programs; U.S. Fish and
Wildlife Service; 5275 Leesburg Pike, MS: BPHC; Falls Church, VA 22041-
3808.
We request that you send comments by only the methods described
above. We will post all information received on https://www.regulations.gov. If you provide personal identifying information in
your comment, you may request at the top of your document that we
withhold this information from public review. However, we cannot
guarantee that we will be able to do so.
FOR FURTHER INFORMATION CONTACT: Katie Niemi, Coastal Barriers
Coordinator, (703) 358-2071 (telephone); or CBRA@fws.gov (email).
SUPPLEMENTARY INFORMATION:
Background
Coastal barriers are typically elongated, narrow landforms located
at the interface of land and sea, and are inherently dynamic
ecosystems. Coastal barriers provide important habitat for fish and
wildlife, and serve as the mainland's first line of defense against the
impacts of severe storms. With the passage of the Coastal Barrier
Resources Act (CBRA) in 1982 (Pub. L. 97-348), Congress recognized that
certain actions and programs of the Federal Government have
historically subsidized and encouraged development on coastal barriers,
where severe storms are much more likely to occur, and the result has
been the loss of natural resources; threats to human life, health, and
property; and the expenditure of millions of tax dollars each year.
The CBRA established the CBRS, which comprised 186 geographic units
encompassing approximately 453,000 acres of undeveloped lands and
associated aquatic habitat along the Atlantic and Gulf of Mexico
coasts. The CBRS was expanded by the Coastal Barrier Improvement Act of
1990 (Pub. L. 101-591) to include additional areas along the Atlantic
and Gulf of Mexico coasts, as well as areas along the coasts of the
Great Lakes, the U.S. Virgin Islands, and Puerto Rico. The CBRS now
comprises a total of 859 geographic units, encompassing approximately
3.3 million acres of relatively undeveloped coastal barrier lands and
associated aquatic habitat. These areas are depicted on a series of
maps entitled ``John H. Chafee Coastal Barrier Resources System.''
Most new Federal expenditures and financial assistance that would
have the effect of encouraging development are prohibited within the
CBRS. However, development can still occur within the CBRS, provided
that private developers or other non-Federal parties bear the full
cost, rather than the American taxpayers.
The CBRS includes two types of units, System Units and Otherwise
Protected Areas (OPAs). System Units generally comprise private lands
that were relatively undeveloped at the time of their designation
within the CBRS. Most new Federal expenditures and financial
assistance, including Federal flood insurance, are prohibited within
System Units. OPAs generally comprise lands established under Federal,
State, or local law or held by a qualified organization primarily for
wildlife refuge, sanctuary, recreational, or natural resource
conservation purposes. OPAs are denoted with a ``P'' at the end of the
unit number. The only Federal spending prohibition within OPAs is the
prohibition on Federal flood insurance.
The Secretary of the Interior (Secretary), through the Service, is
responsible for administering the CBRA, which includes maintaining the
official maps of the CBRS, consulting with Federal agencies that
propose to spend funds within the CBRS, preparing updated maps of the
CBRS, and making recommendations to Congress regarding changes to the
CBRS. Aside from three minor exceptions, only Congress--through new
legislation--can modify the maps of the CBRS to add or remove land.
These exceptions, which allow the Secretary to make limited
modifications to the CBRS (16 U.S.C. 3503(c)-(e)), are for: (1) Changes
that have occurred to the CBRS as a result of natural forces, (2)
voluntary additions to the CBRS by property owners, and (3) additions
of excess Federal property to the CBRS.
The Service receives numerous requests from property owners and
other interested parties who seek to remove areas from the CBRS. When
assessing whether a proposed change to remove an area from the CBRS
constitutes an appropriate technical correction, we consider whether
the original intent of the boundaries is reflected on the maps (i.e.,
whether the lines on the maps appropriately follow the features they
were intended to follow on the ground). We also consider the level of
development that was on the ground when the area was originally
included in the CBRS by Congress.
The Service generally does not recommend removals from the CBRS,
unless there is clear and compelling evidence that a mapping error was
made. In cases where mapping errors are found, the Service supports
changes to the maps and works with Congress and other interested
parties to create comprehensively revised maps using modern digital
technology.
Mapping Protocol for the Protection of Existing Critical Facilities
Through this notice, we are developing a new CBRS mapping protocol
for critical facilities located within and immediately adjacent to the
CBRS. Under certain limited circumstances, the Service may consider
mapping a CBRS area to allow for the protection of existing critical
facilities (e.g., sewage treatment facilities, nuclear facilities, and
hospitals) that primarily serve areas located outside of the CBRS. In
such cases, the following criteria must be met: (1) The protection of
the facility must be consistent with the three purposes of the CBRA: To
[[Page 44321]]
minimize the loss of human life, wasteful expenditure of Federal
revenues, and damage to the fish, wildlife, and other natural resources
associated with coastal barriers; (2) the protection of the facility
should not encourage new development within the CBRS (e.g., a levee
protecting a facility should not also unnecessarily protect an
undeveloped area within the CBRS or an area within the CBRS that
developed after the unit was established); and (3) and there must be no
reasonable alternative to protect the facility (e.g., nonstructural
floodproofing, buyouts to allow for construction of levees and flood
walls outside of the CBRS, alternative project design that does not
infringe upon the CBRS, etc.). For the purpose of this protocol, the
Service defines ``existing'' as being on-the-ground as of the date the
area was added to the CBRS, and ``critical facility'' as a structure or
other improvement that, because of its function, would likely cause
catastrophic human health and safety impacts if it is destroyed or
damaged or if its functionality is impaired. For the purposes of this
protocol, a critical facility does not include other infrastructure
(e.g., roads, bridges, electric lines, etc.) that is commonly included
within the CBRS.
The Service has developed this new protocol for critical facilities
to allow for the protection of the Bayshore Regional Sewerage Authority
(BRSA) Wastewater Treatment Facility in Monmouth County, New Jersey
(see Proposed Map Modifications section below). In cases where the
Service recommends the removal of an area from the CBRS in accordance
with this protocol, the change will become effective only if the
updated map is adopted through legislation enacted by Congress.
Proposed Map Modifications
The Service has prepared six comprehensively revised draft maps
dated May 16, 2016, that propose modifications to the CBRS in Florida
and New Jersey. Below is a summary of the changes depicted on the draft
maps.
Bay County, Florida
The Service has prepared three draft maps for St. Andrew Complex
P31/P31P located in Bay County, Florida. The draft maps for Units P31
and P31P remove approximately 125 acres from the CBRS (98 acres of
fastland and 27 acres of associated aquatic habitat) and add
approximately 1,582 acres to the CBRS (131 acres of fastland and 1,451
acres of associated aquatic habitat). The draft maps remove areas (some
of which were inappropriately included within the CBRS in the past) and
add areas that meet the CBRA criteria for inclusion within the CBRS (16
U.S.C. 3503(g)(1)). The draft maps also reclassify certain areas from
System Unit to OPA, and vice versa.
Gulf County, Florida
The Service has prepared two draft maps for Cape San Blas Unit P30/
P30P located in Gulf County, Florida. The draft maps for Unit P30/P30P
remove approximately 65 acres from the CBRS (52 acres of fastland and
13 acres of associated aquatic habitat) and add approximately 642 acres
to the CBRS (61 acres of fastland and 581 acres of associated aquatic
habitat). The draft maps remove areas that were inappropriately
included within the CBRS in the past and add areas that meet the CBRA
criteria for inclusion within the CBRS (16 U.S.C. 3503(g)(1)). The
draft maps also reclassify certain areas from System Unit to OPA, and
vice versa.
Middlesex and Monmouth Counties, New Jersey
The Service has prepared a draft map for Seidler Beach Unit NJ-02,
Cliffwood Beach Unit NJ-03P, and Conaskonk Point Unit NJ-04, located in
Middlesex and Monmouth Counties, New Jersey. The draft map also
includes three proposed new OPAs, Seidler Beach Unit NJ-02P, Sayreville
Unit NJ-15P, and Matawan Point Unit NJ-16P, which are within the
vicinity of the existing units. The draft map for Units NJ-02/NJ-02P,
NJ-03P, NJ-04, NJ-15P, and NJ-16P, removes approximately 21 acres from
the CBRS (15 acres of fastland and 6 acres of associated aquatic
habitat) and adds approximately 393 acres to the CBRS (116 acres of
fastland and 277 acres of associated aquatic habitat). The draft map
removes areas that were inappropriately included within the CBRS in the
past. Additionally, a strip of wetlands along the northeastern side of
the BRSA facility is removed to allow for the U.S. Army Corps of
Engineers to construct a planned levee to protect a wastewater
treatment facility from future storm damage. This proposed removal is
in accordance with the protocol described in the Mapping Protocol for
the Protection of Existing Critical Facilities section above. The draft
map also adds areas that meet the CBRA criteria for inclusion within
the CBRS (16 U.S.C. 3503(g)(1) and reclassifies an area from System
Unit to OPA.
Proposed Additions to the CBRS
The draft maps for Units P30/P30P, P31/P31P, NJ-02/NJ-02P, NJ-03P,
NJ-04, NJ-15P, and NJ-16P propose additions to the CBRS, including the
creation of three new units that are consistent with a directive in
Section 4 of Public Law 109-226 concerning recommendations for
expansion of the CBRS. The proposed boundaries depicted on the draft
maps for Florida and New Jersey are based upon the best data available
to the Service at the time the draft maps were created. Our assessment
indicated that any new areas proposed for addition to the CBRS were
relatively undeveloped at the time the draft maps were created.
Section 2 of Public Law 106-514 requires that we consider the
following criteria when assessing the development status of a potential
addition to the CBRS: (1) Whether the density of development is less
than one structure per five acres of land above mean high tide (which
generally suggests eligibility for inclusion within the CBRS); and (2)
whether there is existing infrastructure consisting of: A road, with a
reinforced road bed, to each lot or building site in the area; a
wastewater disposal system sufficient to serve each lot or building
site in the area; electric service for each lot or building site in the
area; and a fresh water supply for each lot or building site in the
area (which generally suggests ineligibility for inclusion within the
CBRS).
If, upon review of the draft maps, interested parties find that any
areas proposed for addition to the CBRS are currently developed
(according to the criteria established by Section 2 of Public Law 106-
514), they may submit supporting documentation of such development to
the Service during this public comment period. For any areas proposed
for addition to the CBRS on the draft maps, we will consider the
density of development and level of infrastructure on the ground as of
the close of the comment period on the date listed in the DATES
section.
Request for Comments
Section 4 of Public Law 109-226 requires the Secretary to provide
an opportunity for the submission of public comments. We invite the
public to review and comment on the draft maps dated May 16, 2016, for
CBRS Units P30/P30P, P31/P31P, NJ-02/NJ-02P, NJ-03P, NJ-04, NJ-15P, and
NJ-16P. The Service is specifically notifying the following
stakeholders concerning the availability of the draft revised maps: The
Chair and Ranking Member of the House of Representatives Committee on
Natural Resources; the Chair and Ranking Member of the Senate Committee
on Environment and Public Works; the members of the Senate and House of
Representatives for the
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affected areas; the Governors of Florida and New Jersey; other
appropriate Federal, State, and local officials; and nongovernmental
organizations.
Interested parties may submit written comments and accompanying
data through https://www.regulations.gov, as described in the ADDRESSES
section. The Service will also accept digital Geographic Information
System (GIS) data files that are accompanied by written comments.
Comments regarding specific CBRS unit(s) should reference the
appropriate unit number(s) and unit name(s). We must receive comments
on or before the date listed in the DATES section.
Following the close of the comment period, we will review all
comments received on the draft maps and we will make adjustments to the
draft maps, as appropriate, based on information received through
public comments, updated aerial imagery, CBRA criteria, and objective
mapping protocols. We will then prepare final recommended maps to be
submitted to Congress. The final recommended maps will become effective
only if they are adopted by Congress through legislation.
Availability of Draft Maps and Related Information
The draft maps, unit summaries (containing historical changes and
more detailed information regarding proposed changes to the units), and
digital boundary data can be accessed and downloaded from the Service's
Web site at: https://www.fws.gov/ecological-services/habitat-conservation/coastal.html, or via www.regulations.gov, where public
comments should be submitted. The digital boundary data are available
for reference purposes only. The digital boundaries are best viewed
using the base imagery to which the boundaries were drawn; this
information is printed in the title block of the draft maps. The
Service is not responsible for any misuse or misinterpretation of the
digital boundary data.
Interested parties may also contact the Service individual
identified in the FOR FURTHER INFORMATION CONTACT section to make
arrangements to view the draft maps at the Service's Headquarters
office. Interested parties who are unable to access the draft maps via
the Service's Web site or Headquarters office may contact the
individual identified in the FOR FURTHER INFORMATION CONTACT section,
and reasonable accommodations will be made.
Gary Frazer,
Assistant Director for Ecological Services.
[FR Doc. 2016-16100 Filed 7-6-16; 8:45 am]
BILLING CODE 4333-15-P
