Eastern Collier Property Owners, LLC, Multi-Species Habitat Conservation Plan and Draft Environmental Impact Statement, Collier County, Florida, 53078-53080 [2018-22755]
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53078
Federal Register / Vol. 83, No. 203 / Friday, October 19, 2018 / Notices
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applicant will fully implement
minimization and mitigation measures
to offset impacts to the ABB according
to the HCP.
The applicant has agreed to include
the following minimization measures:
• Reducing erosion by implementing
stormwater best practices;
• Limiting use of motor vehicles,
machinery, or heavy equipment in
occupied ABB habitat to avoid soil
compaction;
• Increasing safety during operation
fluid use and storage;
• Limiting disturbance from
mechanical vegetation management;
• Limiting the use of artificial lighting
in occupied ABB habitat; and
• Providing a training program for all
personnel conducting or supervising
covered activities that may disturb ABBoccupied habitat.
The mitigation measures include the
following commitments:
• Relieve soil compaction by disking
(mechanically breaking up) compacted
soil in laydown areas and material
storage areas;
• Revegetate with a native species
composition similar to that of the
surrounding area (typically warm
season grasses) or of the same vegetation
type that existed prior to impacts for
areas that experienced ground
disturbance causing temporary or
permanent cover change habitat
impacts; and
• Establish off-site habitat mitigation
for temporary or permanent cover
change and permanent impacts.
In addition to this notice, the
Environmental Protection Agency (EPA)
is publishing a notice announcing the
EIS, as required under the Clean Air
Act, section 309 (42 U.S.C. 7401 et seq.;
see EPA’s Role in the EIS Process
below).
Background
The applicant has applied for an ITP
under the ESA that would authorize
incidental take of the ABB and would be
in effect for a period of 30 years. The
proposed incidental take of the ABB
would occur from lawful, non-Federal
activities from the applicant’s repair,
maintenance, and construction activities
for electrical lines and support facilities
(e.g., substations and switching
facilities) within the plan area, as well
as from activities carried out as part of
the HCP’s conservation strategy
(covered activities). The HCP plan area
includes Oklahoma and Arkansas
counties within known ABB ranges and
Texas counties with ABB occurrence
records. The plan area also includes
counties in these States where the
ABB’s range could expand over the ITP
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term. The final EIS considers the direct,
indirect, and cumulative effects of
implementing the HCP, including
measures to minimize and mitigate such
impacts to the maximum extent
practicable.
Section 9 of the ESA and its
implementing regulations in title 50 of
the Code of Federal Regulations (CFR)
prohibit ‘‘take’’ of fish and wildlife
species listed as endangered or
threatened under the ESA. The ESA
defines ‘‘take’’ as ‘‘to harass, harm,
pursue, hunt, shoot, wound, kill, trap,
capture, or collect listed animal species,
or attempt to engage in such conduct’’
(16 U.S.C. 1533). The term ‘‘harm’’ is
defined in the regulations as significant
habitat modification or degradation that
results in death or injury to listed
species by significantly impairing
essential behavioral patterns, including
breeding, feeding, or sheltering (50 CFR
17.3). However, we may, under
specified circumstances, issue permits
that allow the take of federally listed
species, provided that the take is
incidental to, but not the purpose of,
otherwise lawful activity. Regulations
governing ITPs for endangered and
threatened species are at 50 CFR 17.22
and 17.32, respectively.
On July 3, 2018, we published a
Federal Register notice announcing the
availability for public review of a draft
EIS and requested public comment on
our evaluation of the potential impacts
associated with issuance of an ITP for
implementation of the HCP and to
evaluate alternatives (82 FR 32861). In
July and August 2018, we held public
meetings on the draft document in
Tulsa, OK; McAlester, OK; Fort Smith,
AR; and Texarkana, TX. The public
comment period closed on August 17,
2018.
We received 10 comments in total: 8
Through regulations.gov, 1 comment via
email, and 1 through the U.S. mail. The
final EIS provides responses to those
comments in Appendix G.
Decision
We intend to issue an ITP allowing
the applicant to implement the
proposed HCP, identified as the
preferred alternative (Alternative B) in
the final EIS. We determined that the
preferred alternative best balances the
protection and management of habitat
for the ABB, while allowing the
applicant to supply the public’s energy
needs. We based our decision on a
thorough review of the alternatives and
their environmental consequences.
Implementing this decision entails
issuing an ITP to American Electric
Power and full implementation of the
HCP, including minimization and
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mitigation measures, monitoring and
adaptive management, and complying
with all terms and conditions in the ITP.
EPA’s Role in the EIS Process
In addition to this notice, EPA is
publishing a notice in the Federal
Register announcing final EIS for
American Electric Power’s American
Burying Beetle Habitat Conservation
Plan in Oklahoma, Arkansas, and
Texas, as required under the Clean Air
Act, section 309. The EPA is charged
with reviewing all Federal agencies’
EISs and commenting on the adequacy
and acceptability of the environmental
impacts of proposed actions in EISs.
The EPA also serves as the repository
(EIS database) for EISs that Federal
agencies prepare. All EISs must be filed
with EPA, which publishes a notice of
availability on Fridays in the Federal
Register. For more information, see
https://www.epa.gov/nepa. You may
search for EPA comments on EISs, along
with EISs themselves, at https://
cdxnodengn.epa.gov/cdx-enepa-public/
action/eis/search.
Authority
We provide this notice under section
10(c) of the ESA (16 U.S.C. 1531 et seq.)
and its implementing regulations (50
CFR 17.22 and 17.32) and NEPA (42
U.S.C. 4321 et seq.) and its
implementing regulations (40 CFR
1506.6).
Amy L. Lueders,
Regional Director, Southwest Region,
Albuquerque, New Mexico.
[FR Doc. 2018–22833 Filed 10–18–18; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS–R4–ES–2018–0079;
FXES11140400000–178–FF04EF2000]
Eastern Collier Property Owners, LLC,
Multi-Species Habitat Conservation
Plan and Draft Environmental Impact
Statement, Collier County, Florida
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability; request
for comments.
AGENCY:
We, the U.S. Fish and
Wildlife Service, announce the
availability of our draft environmental
impact statement (EIS) and a habitat
conservation plan (HCP) associated with
the incidental take permit (ITP)
applications of eleven Collier County
landowners under the Endangered
Species Act of 1973, as amended. Each
SUMMARY:
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of the eleven landowners, collectively
known as the Eastern Collier Property
Owners, LLC, requests a 50-year ITP
authorizing take of the Florida panther
and 18 other Federal or State-listed
species incidental to residential and
commercial development, earth mining,
and low-intensity rural-land activities in
a defined portion of Collier County,
Florida.
Comments: We will accept
comments received or postmarked on or
before December 3, 2018. Comments
submitted electronically at https://
www.regulations.gov must be received
by 11:59 p.m. Eastern time on the
closing date. Any comments we receive
after the closing date may not be
considered in the final decision on these
actions.
ADDRESSES:
Obtain Documents: You may obtain
copies of the EIS and HCP by the
following methods:
Internet: https://www.regulations.gov
(search for Docket No. FWS–R4–ES–
2018–0079).
Field Office: https://www.fws.gov/
verobeach/.
Submit Comments: You may submit
written comments by one of the
following methods:
Internet: https://www.regulations.gov.
Follow the instructions for submitting
DATES:
comments on Docket No. FWS–R4–ES–
2018–0079.
Hard Copy: Via U.S. mail or handdelivery to Public Comments
Processing, Attn: FWS–R4–ES–2018–
0079; U.S. Fish and Wildlife Service
Headquarters, MS: BPHC; 5275 Leesburg
Pike, Falls Church, VA 22041–3803.
Review Public Comments: Submitted
comments may be viewed at https://
www.regulations.gov in Docket No.
FWS–R4–ES–2018–0079.
FOR FURTHER INFORMATION CONTACT: Mr.
David Dell, Regional HCP Coordinator,
by mail at Attn: ECPO; U.S. Fish and
Wildlife Service; 1875 Century
Boulevard, Atlanta, GA 30345 or by
telephone at 404–679–7313, or Dr.
Constance Cassler, Supervisory Fish and
Wildlife Biologist, by mail at the South
Florida Ecological Services Office, Attn:
ECPO; U.S. Fish and Wildlife Service,
1339 20th Street, Vero Beach, FL 32960
or by telephone at 772–469–4356.
SUPPLEMENTARY INFORMATION: We, the
U.S. Fish and Wildlife Service (Service),
have received applications for ITPs
under the Endangered Species Act of
1973, as amended (ESA; 16 U.S.C. 1531
et seq.).
Applicants
The Eastern Collier Property Owners,
LLC (ECPO/Applicants) was formed as a
collaborative effort to address long-term
land-use planning and conservation
issues related to the Florida panther in
the east Collier County area (see also
https://www.floridapan
therprotection.com). The Applicants’
collaboration culminated in the HCP,
which supports their collective
application for the issuance of 50-year
ITPs for take of the Florida panther and
18 other covered species. Table 1,
below, individually lists the ECPO
members and their Service-assigned
application numbers. Table 2 depicts
the species covered by the HCP.
TABLE 1—MEMBERS OF EASTERN
COLLIER PROPERTY OWNERS, LLC,
AND THEIR INCIDENTAL TAKE PERMIT
APPLICATION NUMBERS
Permit
application
Nos.
Applicants
Alico Land Development, Inc ...........
Barron Collier Investment, Ltd ..........
Collier Enterprises Management, Inc
Consolidated Citrus Limited Partnership.
English Brothers Partnership ............
Half Circle L Ranch, LLP ..................
Heller Bros. Packing Corp ................
JB Ranch I, LLC ...............................
Owl Hammock Immokalee, LLC .......
Pacific Land, Ltd ...............................
Sunniland Family Limited Partnership.
TE05647D–0
TE04440D–0
TE04443D–0
TE04471D–0
TE04152D–0
TE05238D–0
TE05668D–0
TE04473D–0
TE06114D–0
TE05665D–0
TE04472D–0
TABLE 2—HCP-COVERED WILDLIFE SPECIES AND THEIR PROTECTED STATUS
Status
Common name
Listed as endangered under the ESA ............................................
Florida panther ...................................
Florida bonneted bat ..........................
Red-cockaded woodpecker ...............
Everglade snail kite ............................
Wood stork .........................................
Northern crested caracara .................
Florida scrub jay ................................
Eastern indigo snake .........................
Gopher tortoise ..................................
Eastern diamondback rattlesnake .....
Gopher frog ........................................
Big Cypress fox squirrel .....................
Everglades mink ................................
Burrowing owl ....................................
Florida sandhill crane .........................
Little blue heron .................................
Roseate spoonbill ..............................
Southeastern American kestrel ..........
Tricolored heron .................................
Listed as threatened under the ESA ..............................................
Candidate Species or Species under review for Federal listing ....
State-listed species ........................................................................
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Background
Section 9 of the ESA and its
implementing regulations prohibit
‘‘take’’ of Federally-listed ‘‘threatened’’
or ‘‘endangered’’ fish and wildlife
species. However, section 10(a) of the
Act provides exceptions to the
prohibition by allowing us to issue
permits authorizing take of listed
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species where such take is incidental to,
and not the purpose of, otherwise lawful
activities and where the applicant meets
certain statutory requirements.
The Applicants’ HCP proposes a
programmatic approach and framework
for engaging in incidental take of the
covered species while providing for the
permanent protection of portions of the
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Scientific name
Puma concolor coryi.
Eumops floridanus.
Picoides borealis.
Rostrhamus sociabilis plumbeus.
Mycteria americana.
Caracara cheriway.
Aphelocoma coerulescens.
Drymarchon corais couperi.
Gopherus polyphemus.
Crotalus adamanteus.
Lithobates capito.
Sciurus niger avicennia.
Neovison vison evergladensis.
Athene cunicularia.
Antigone canadensis pratensis.
Egretta caerulea.
Platalea ajaja.
Falco sparverius Paulus.
Egretta tricolor.
covered lands via conservation
easements and generating funding for
conservation activities for the covered
species in addition to those provided in
the HCP. The individual Applicants
collectively own a total of 151,779 acres
within the approximately 174,000-acre
HCP planning area. Under the HCP, up
to 45,000 acres could be developed or
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Federal Register / Vol. 83, No. 203 / Friday, October 19, 2018 / Notices
used for other activities. Impacts to
covered species from the activities
would be mitigated through habitat
management measures and the
placement of conservation easements on
up to 107,000 acres of the covered
lands. The Applicants also propose to
make contributions to a conservation
endowment, the Marinelli Fund, to
implement conservation measures for
the covered species throughout and
beyond the covered lands.
Draft Environmental Impact Statement
We published a notice of intent to
prepare an EIS for this HCP in the
Federal Register on March 25, 2016 (81
FR 16200). A public scoping meeting
was held in Naples, Florida on April 12,
2016, and an online public participation
webcast was conducted on April 19,
2016. We have incorporated issues
identified during these scoping
meetings into the draft EIS. A summary
of the comments received during the
scoping period is provided in the
Scoping Report appended to the draft
EIS.
The draft EIS assesses the likely
environmental impacts associated with
the implementation of the activities
proposed in the HCP, compared to the
likely consequences of not issuing the
requested ITPs, i.e., uncoordinated
project-by-project and lot-by-lot
planning and mitigation as currently
occurs. The Department of the Army,
through its bureau the U.S. Army Corps
of Engineers, Jacksonville District, is a
cooperating agency in the development
of the draft EIS.
Public Comments
If you wish to comment on the HCP,
or draft EIS, you may submit comments
by any one of the methods listed above
in ADDRESSES. 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 at
any time. While you may request in
your comment that we withhold your
personal identifying information, we
cannot guarantee that we will be able to
do so.
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Next Steps
We will evaluate the HCP, draft EIS,
and your comments to determine
whether the collective ITP application
meets the permit issuance requirements
of section 10(a) of the ESA. We will also
conduct an intra-Service consultation
pursuant to section 7 of the ESA. If the
requirements for permit issuance are
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17:25 Oct 18, 2018
Jkt 247001
met, we will issue individual ITPs to the
Applicants.
comments by facsimile to (805) 644–
3958.
Authority
FOR FURTHER INFORMATION CONTACT:
We provide this notice under section
10 of the ESA (16 U.S.C. 1531 et seq.)
and ESA regulations in title 50 of the
Code of Federal Regulations and, the
National Environmental Policy Act
(NEPA; 42 U.S.C. 4321 et seq.) and
NEPA regulations (40 CFR 1506.6).
Mike Oetker,
Acting Regional Director, Southeast Region.
[FR Doc. 2018–22755 Filed 10–18–18; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R8–ES–2018–N022;
FXES11130800000–189–FF08EVEN00]
Endangered and Threatened Wildlife
and Plants; Availability of Habitat
Conservation Plan and Categorical
Exclusion for the Mount Hermon June
Beetle, Santa Cruz County, California
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability; request
for comment.
AGENCY:
We, the U.S. Fish and
Wildlife Service, have received an
application from Lantana, LLC for a 5year incidental take permit under the
Endangered Species Act of 1973, as
amended (Act). The permit would
authorize ‘‘take’’ of the federally
endangered Mount Hermon June beetle,
incidental to the otherwise lawful
activities associated with the demolition
of a single-family home and
construction of two duet homes at 22
Blake Lane, Scotts Valley, Santa Cruz
County, California. We invite comments
from the public on the application
package, which includes a low-effect
habitat conservation plan.
DATES: To ensure consideration, please
send your written comments by
November 19, 2018.
ADDRESSES: You may download a copy
of the draft habitat conservation plan,
draft environmental action statement,
and draft low-effect screening form at
https://www.fws.gov/ventura/, or you
may request copies of the documents by
U.S. mail to our Ventura office or by
phone (see FOR FURTHER INFORMATION
CONTACT). Please address written
comments to Stephen P. Henry, Field
Supervisor, Ventura Fish and Wildlife
Office, U.S. Fish and Wildlife Service,
2493 Portola Road, Suite B, Ventura, CA
93003. You may alternatively send
SUMMARY:
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Karen Sinclair, Fish and Wildlife
Biologist, by U.S. mail to the Ventura
address in ADDRESSES, or by telephone
at (805) 677–3315.
SUPPLEMENTARY INFORMATION: We have
received an application from Lantana,
LLC for a 5-year incidental take permit
under the Act. The application
addresses the potential for take of the
federally endangered Mount Hermon
June beetle (Polyphylla barbata) likely
to occur incidental to the demolition of
a single-family home and construction
of two duet homes at 22 Blake Lane,
Scotts Valley, Santa Cruz County,
California. We invite comments from
the public on the application package,
which includes the Low-Effect Habitat
Conservation Plan (HCP) for the Mount
Hermon June Beetle.
Background
The U.S. Fish and Wildlife Service
(Service) listed the Mount Hermon June
beetle as endangered on January 24,
1997 (62 FR 3616). Section 9 of the Act
(16 U.S.C. 1531 et seq.) and its
implementing regulations prohibit the
take of fish or wildlife species listed as
endangered or threatened. ‘‘Take’’ is
defined under the Act to include the
following activities: ‘‘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 section
10(a)(1)(B) of the Act, we may issue
permits to authorize incidental take of
listed species. The Act defines
‘‘Incidental Take’’ as take that is
incidental to, and not the purpose of
carrying out an otherwise lawful
activity. Regulations governing
incidental take permits for threatened
and endangered species are in the Code
of Federal Regulations (CFR) at 50 CFR
17.32 and 17.22, respectively. Issuance
of an incidental take permit must not
jeopardize the existence of federally
listed fish, wildlife, or plant species. All
species covered by the incidental take
permit associated with this low-effect
HCP receive assurances under our ‘‘No
Surprises’’ regulations (50 CFR
17.22(b)(5) and 17.32(b)(5)).
Applicant’s Proposal
Lantana, LLC (hereafter, the
applicant) has submitted a low-effect
HCP in support of their application for
an incidental take permit (ITP) to
address take of the Mount Hermon June
beetle that is likely to occur as the result
of direct impacts on up to 0.32 acre (ac)
(14,031 square feet (sf)) of degraded
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Agencies
[Federal Register Volume 83, Number 203 (Friday, October 19, 2018)]
[Notices]
[Pages 53078-53080]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22755]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS-R4-ES-2018-0079; FXES11140400000-178-FF04EF2000]
Eastern Collier Property Owners, LLC, Multi-Species Habitat
Conservation Plan and Draft Environmental Impact Statement, Collier
County, Florida
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for comments.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service, announce the
availability of our draft environmental impact statement (EIS) and a
habitat conservation plan (HCP) associated with the incidental take
permit (ITP) applications of eleven Collier County landowners under the
Endangered Species Act of 1973, as amended. Each
[[Page 53079]]
of the eleven landowners, collectively known as the Eastern Collier
Property Owners, LLC, requests a 50-year ITP authorizing take of the
Florida panther and 18 other Federal or State-listed species incidental
to residential and commercial development, earth mining, and low-
intensity rural-land activities in a defined portion of Collier County,
Florida.
DATES: Comments: We will accept comments received or postmarked on or
before December 3, 2018. Comments submitted electronically at https://www.regulations.gov must be received by 11:59 p.m. Eastern time on the
closing date. Any comments we receive after the closing date may not be
considered in the final decision on these actions.
ADDRESSES:
Obtain Documents: You may obtain copies of the EIS and HCP by the
following methods:
Internet: https://www.regulations.gov (search for Docket No. FWS-R4-
ES-2018-0079).
Field Office: https://www.fws.gov/verobeach/.
Submit Comments: You may submit written comments by one of the
following methods:
Internet: https://www.regulations.gov. Follow the instructions for
submitting comments on Docket No. FWS-R4-ES-2018-0079.
Hard Copy: Via U.S. mail or hand-delivery to Public Comments
Processing, Attn: FWS-R4-ES-2018-0079; U.S. Fish and Wildlife Service
Headquarters, MS: BPHC; 5275 Leesburg Pike, Falls Church, VA 22041-
3803.
Review Public Comments: Submitted comments may be viewed at https://www.regulations.gov in Docket No. FWS-R4-ES-2018-0079.
FOR FURTHER INFORMATION CONTACT: Mr. David Dell, Regional HCP
Coordinator, by mail at Attn: ECPO; U.S. Fish and Wildlife Service;
1875 Century Boulevard, Atlanta, GA 30345 or by telephone at 404-679-
7313, or Dr. Constance Cassler, Supervisory Fish and Wildlife
Biologist, by mail at the South Florida Ecological Services Office,
Attn: ECPO; U.S. Fish and Wildlife Service, 1339 20th Street, Vero
Beach, FL 32960 or by telephone at 772-469-4356.
SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service
(Service), have received applications for ITPs under the Endangered
Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.).
Applicants
The Eastern Collier Property Owners, LLC (ECPO/Applicants) was
formed as a collaborative effort to address long-term land-use planning
and conservation issues related to the Florida panther in the east
Collier County area (see also https://www.floridapantherprotection.com).
The Applicants' collaboration culminated in the HCP, which supports
their collective application for the issuance of 50-year ITPs for take
of the Florida panther and 18 other covered species. Table 1, below,
individually lists the ECPO members and their Service-assigned
application numbers. Table 2 depicts the species covered by the HCP.
Table 1--Members of Eastern Collier Property Owners, LLC, and Their
Incidental Take Permit Application Numbers
------------------------------------------------------------------------
Applicants Permit application Nos.
------------------------------------------------------------------------
Alico Land Development, Inc............... TE05647D-0
Barron Collier Investment, Ltd............ TE04440D-0
Collier Enterprises Management, Inc....... TE04443D-0
Consolidated Citrus Limited Partnership... TE04471D-0
English Brothers Partnership.............. TE04152D-0
Half Circle L Ranch, LLP.................. TE05238D-0
Heller Bros. Packing Corp................. TE05668D-0
JB Ranch I, LLC........................... TE04473D-0
Owl Hammock Immokalee, LLC................ TE06114D-0
Pacific Land, Ltd......................... TE05665D-0
Sunniland Family Limited Partnership...... TE04472D-0
------------------------------------------------------------------------
Table 2--HCP-Covered Wildlife Species and Their Protected Status
--------------------------------------------------------------------------------------------------------------------------------------------------------
Status Common name Scientific name
--------------------------------------------------------------------------------------------------------------------------------------------------------
Listed as endangered under the ESA.... Florida panther........................................ Puma concolor coryi.
Florida bonneted bat................................... Eumops floridanus.
Red-cockaded woodpecker................................ Picoides borealis.
Everglade snail kite................................... Rostrhamus sociabilis plumbeus.
Listed as threatened under the ESA.... Wood stork............................................. Mycteria americana.
Northern crested caracara.............................. Caracara cheriway.
Florida scrub jay...................................... Aphelocoma coerulescens.
Eastern indigo snake................................... Drymarchon corais couperi.
Candidate Species or Species under Gopher tortoise........................................ Gopherus polyphemus.
review for Federal listing.
Eastern diamondback rattlesnake........................ Crotalus adamanteus.
Gopher frog............................................ Lithobates capito.
State-listed species.................. Big Cypress fox squirrel............................... Sciurus niger avicennia.
Everglades mink........................................ Neovison vison evergladensis.
Burrowing owl.......................................... Athene cunicularia.
Florida sandhill crane................................. Antigone canadensis pratensis.
Little blue heron...................................... Egretta caerulea.
Roseate spoonbill...................................... Platalea ajaja.
Southeastern American kestrel.......................... Falco sparverius Paulus.
Tricolored heron....................................... Egretta tricolor.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Background
Section 9 of the ESA and its implementing regulations prohibit
``take'' of Federally-listed ``threatened'' or ``endangered'' fish and
wildlife species. However, section 10(a) of the Act provides exceptions
to the prohibition by allowing us to issue permits authorizing take of
listed species where such take is incidental to, and not the purpose
of, otherwise lawful activities and where the applicant meets certain
statutory requirements.
The Applicants' HCP proposes a programmatic approach and framework
for engaging in incidental take of the covered species while providing
for the permanent protection of portions of the covered lands via
conservation easements and generating funding for conservation
activities for the covered species in addition to those provided in the
HCP. The individual Applicants collectively own a total of 151,779
acres within the approximately 174,000-acre HCP planning area. Under
the HCP, up to 45,000 acres could be developed or
[[Page 53080]]
used for other activities. Impacts to covered species from the
activities would be mitigated through habitat management measures and
the placement of conservation easements on up to 107,000 acres of the
covered lands. The Applicants also propose to make contributions to a
conservation endowment, the Marinelli Fund, to implement conservation
measures for the covered species throughout and beyond the covered
lands.
Draft Environmental Impact Statement
We published a notice of intent to prepare an EIS for this HCP in
the Federal Register on March 25, 2016 (81 FR 16200). A public scoping
meeting was held in Naples, Florida on April 12, 2016, and an online
public participation webcast was conducted on April 19, 2016. We have
incorporated issues identified during these scoping meetings into the
draft EIS. A summary of the comments received during the scoping period
is provided in the Scoping Report appended to the draft EIS.
The draft EIS assesses the likely environmental impacts associated
with the implementation of the activities proposed in the HCP, compared
to the likely consequences of not issuing the requested ITPs, i.e.,
uncoordinated project-by-project and lot-by-lot planning and mitigation
as currently occurs. The Department of the Army, through its bureau the
U.S. Army Corps of Engineers, Jacksonville District, is a cooperating
agency in the development of the draft EIS.
Public Comments
If you wish to comment on the HCP, or draft EIS, you may submit
comments by any one of the methods listed above in ADDRESSES. 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 at any time. While you may request in your
comment that we withhold your personal identifying information, we
cannot guarantee that we will be able to do so.
Next Steps
We will evaluate the HCP, draft EIS, and your comments to determine
whether the collective ITP application meets the permit issuance
requirements of section 10(a) of the ESA. We will also conduct an
intra-Service consultation pursuant to section 7 of the ESA. If the
requirements for permit issuance are met, we will issue individual ITPs
to the Applicants.
Authority
We provide this notice under section 10 of the ESA (16 U.S.C. 1531
et seq.) and ESA regulations in title 50 of the Code of Federal
Regulations and, the National Environmental Policy Act (NEPA; 42 U.S.C.
4321 et seq.) and NEPA regulations (40 CFR 1506.6).
Mike Oetker,
Acting Regional Director, Southeast Region.
[FR Doc. 2018-22755 Filed 10-18-18; 8:45 am]
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