Draft Environmental Assessment and Proposed Habitat Conservation Plan; Receipt of an Application for an Incidental Take Permit, Habitat Conservation Plan for the Hine's Emerald Dragonfly, Blanding's Turtle, Spotted Turtle, Leafy Prairie Clover, and Lakeside Daisy, Will County, Illinois, 16385-16387 [2021-06401]
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Federal Register / Vol. 86, No. 58 / Monday, March 29, 2021 / Notices
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R4–ES–2021–0020;
FXES11140400000–212–FF04EF4000]
Receipt of Incidental Take Permit
Application and Proposed Habitat
Conservation Plan for the Sand Skink
and Blue-Tailed Mole Skink; Osceola
County, FL; Categorical Exclusion
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability; request
for comments and information.
AGENCY:
We, the Fish and Wildlife
Service (Service), announce receipt of
an application from Lennar Homes LLC
(applicant) for an incidental take permit
(ITP) under the Endangered Species Act.
The applicant requests the ITP to take
the federally listed sand skink and bluetailed mole skink incidental to the
construction of a residential
development in Osceola County,
Florida. We request public comment on
the application, which includes the
applicant’s proposed habitat
conservation plan (HCP), and on the
Service’s preliminary determination that
this HCP qualifies as ‘‘low-effect,’’
categorically excluded, under the
National Environmental Policy Act. To
make this determination, we used our
environmental action statement and
low-effect screening form, both of which
are also available for public review.
DATES: We must receive your written
comments on or before April 28, 2021.
ADDRESSES:
Obtaining Documents: You may
obtain copies of the documents online
in Docket No. FWS–R4–ES–2021–0020
at https://www.regulations.gov.
Submitting Comments: If you wish to
submit comments on any of the
documents, you may do so in writing by
any of the following methods:
• Online: https://www.regulations.gov.
Follow the instructions for submitting
comments on Docket No. FWS–R4–ES–
2021–0020.
• U.S. mail: Public Comments
Processing, Attn: Docket No. FWS–R4–
ES–2021–0020; U.S. Fish and Wildlife
Service, MS: PRB/3W, 5275 Leesburg
Pike, Falls Church, VA 22041–3803.
FOR FURTHER INFORMATION CONTACT:
Alfredo Begazo, by telephone at (772)
469–4234 or via email at alfredo_
begazo@fws.gov. Individuals who are
hearing impaired or speech impaired
may call the Federal Relay Service at
800–877–8339 for TTY assistance.
SUPPLEMENTARY INFORMATION: We, the
Fish and Wildlife Service, announce
SUMMARY:
VerDate Sep<11>2014
17:20 Mar 26, 2021
Jkt 253001
receipt of an application from Lennar
Homes LLC for an incidental take
permit (ITP) under the Endangered
Species Act of 1973, as amended (ESA;
16 U.S.C. 1531 et seq.). The applicant
requests the ITP to take the federally
listed sand skink (Neoseps reynoldsi)
and blue-tailed mole skink (Eumeces
egregious lividus) (skinks) incidental to
the construction a residential
development in Osceola County,
Florida. We request public comment on
the application, which includes the
applicant’s proposed HCP, and on the
Service’s preliminary determination that
this HCP qualifies as ‘‘low-effect,’’
categorically excluded, under the
National Environmental Policy Act
(NEPA; 42 U.S.C. 4321 et seq.). To make
this determination, we used our
environmental action statement and
low-effect screening form, both of which
are also available for public review.
Project
The applicant requests a 10-year ITP
to take skinks through the conversion of
approximately 6.94 acres of occupied
skink foraging and sheltering habitat
incidental to the construction of a
residential development on a 25.01-acre
parcel in Section 14, Township 25
South, Range 27 East, Osceola County,
Florida. The applicant proposes to
mitigate for take of the skinks by
purchasing credits equivalent to 13.88
acres of skink-occupied habitat from a
Service-approved conservation bank.
The Service would require the applicant
to purchase the credits prior to engaging
in any phase of the project.
Public Availability of Comments
Before including your address, phone
number, email address, or other
personal identifying information in your
comment, be aware that your entire
comment—including your personal
identifying information—may be made
available to the public. While you may
request that we withhold your personal
identifying information, we cannot
guarantee that we will be able to do so.
Our Preliminary Determination
The Service has made a preliminary
determination that the applicant’s
project, including the construction of
single-family homes, paved roads and
driveways, parking and green areas,
storm water ponds, and associated
infrastructure (e.g., electric, water, and
sewer lines) would individually and
cumulatively have a minor or negligible
effect on the skinks and the
environment. Therefore, we have
preliminarily concluded that the ITP for
this project would qualify for categorical
exclusion and that the HCP would be
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Sfmt 4703
16385
low effect under our NEPA regulations
at 43 CFR 46.205 and 46.210. A loweffect HCP is one that would result in
(1) minor or negligible effects on
federally listed, proposed, and
candidate species and their habitats; (2)
minor or negligible effects on other
environmental values or resources; and,
(3) impacts that, when considered
together with the impacts of other past,
present, and reasonably foreseeable
similarly situated projects, would not
result in significant cumulative effects
to environmental values or resources
over time.
Next Steps
The Service will evaluate the
application and the comments to
determine whether to issue the
requested permit. We will also conduct
an intra-Service consultation pursuant
to section 7 of the ESA to evaluate the
effects of the proposed take. After
considering the preceding matters, we
will determine whether the permit
issuance criteria of section 10(a)(1)(B) of
the ESA have been met. If met, the
Service will issue ITP number
PER0002540 to Lennar Homes LLC for
incidental take of skinks.
Authority
The Service provides this notice
under section 10(c) (16 U.S.C. 1539(c))
of the ESA and NEPA regulation 40 CFR
1506.6.
Roxanna Hinzman,
Field Supervisor, South Florida Ecological
Services Office.
[FR Doc. 2021–06352 Filed 3–26–21; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R3–ES–2021–0005;
FXES11140300000–212]
Draft Environmental Assessment and
Proposed Habitat Conservation Plan;
Receipt of an Application for an
Incidental Take Permit, Habitat
Conservation Plan for the Hine’s
Emerald Dragonfly, Blanding’s Turtle,
Spotted Turtle, Leafy Prairie Clover,
and Lakeside Daisy, Will County,
Illinois
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability; request
for comment and information.
AGENCY:
We, the U.S. Fish and
Wildlife Service, have received an
application from Hanson Aggregates
Midwest, Inc. d/b/a Hanson Material
SUMMARY:
E:\FR\FM\29MRN1.SGM
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16386
Federal Register / Vol. 86, No. 58 / Monday, March 29, 2021 / Notices
Service (applicant) for an incidental
take permit (ITP) under the Endangered
Species Act. We make available for
public comment the applicant’s habitat
conservation plan (HCP) for continued
limestone surface mining, submitted in
support of the ITP application, for the
Hine’s emerald dragonfly, Blanding’s
turtle, spotted turtle, leafy prairie
clover, and Lakeside Daisy (covered
species). If approved, the ITP would be
for a 30-year period and would
authorize the incidental take of an
endangered species, the Hine’s emerald
dragonfly, and species petitioned for
Federal listing that are listed as
endangered by the State of Illinois, the
Blanding’s turtle and spotted turtle. We
also announce the availability of a draft
environmental assessment, which has
been prepared in response to the permit
application in accordance with the
requirements of the National
Environmental Policy Act. We request
public comment on the application and
associated documents.
DATES: We will accept comments
received or postmarked on or before
April 28, 2021.
ADDRESSES:
Document availability: Electronic
copies of the documents this notice
announces, along with public comments
received, will be available online in
Docket No. FWS–R3–ES–2021–0005 at
https://www.regulations.gov.
Comment submission: In your
comment, please specify whether your
comment addresses the proposed HCP,
draft EA, or any combination of the
aforementioned documents, or other
supporting documents. You may submit
written comments by one of the
following methods:
• Online: https://www.regulations.gov.
Search for and submit comments on
Docket No. FWS–R3–ES–2021–0005.
• U.S. mail: Send comments to Public
Comments Processing, Attn: Docket No.
FWS–R3–ES–2021–0005; U.S. Fish and
Wildlife Service; 5275 Leesburg Pike,
MS: PRB/3W; Falls Church, VA 22041–
3803.
FOR FURTHER INFORMATION CONTACT:
Louise Clemency, Field Supervisor,
Chicago Ecological Services Field
Office, U.S. Fish and Wildlife Service,
230 S Dearborn, Suite 2938, Chicago, IL
60604–1507; telephone: 1–312–485–
9337.
Individuals who are hearing impaired
or speech impaired may call the Federal
Relay Service at 1–800–877–8339 for
TTY assistance.
SUPPLEMENTARY INFORMATION: We, the
U.S. Fish and Wildlife Service (Service),
have received an application from
Hanson Aggregates Midwest, Inc. d/b/a
VerDate Sep<11>2014
17:20 Mar 26, 2021
Jkt 253001
Hanson Material Service (applicant) for
an incidental take permit (ITP) under
the Endangered Species Act of 1973, as
amended (ESA; 16 U.S.C. 1531 et seq.),
for its habitat conservation plan (HCP)
for the Hine’s emerald dragonfly,
Blanding’s turtle, spotted turtle, leafy
prairie clover, and lakeside daisy
(project or HCP). The applicant’s mining
operation is located in Will County,
Illinois and would consists of 49.6 acres
of impacts to covered species habitat.
The applicant has prepared a habitat
conservation plan that describes their
continued limestone surface mining
operation and measures that the
applicant would implement to avoid,
minimize, and mitigate incidental take
of the Hine’s emerald dragonfly,
Blanding’s turtle, and spotted turtle.
The HCP proposes to restore, enhance,
and maintain 354 acres of covered
species habitat on the 519 acres of land
that will be protected in perpetuity by
a deed restriction that may be converted
to a conservation easement if a qualified
entity agrees to hold the protected
acreage. If approved, the ITP would be
for a 30-year period and would
authorize the incidental take of an
endangered species, the Hine’s emerald
dragonfly (Somatochlora hineana), and
species petitioned for Federal listing
that are listed as endangered by the
State of Illinois, the Blanding’s turtle
(Emydoidea blandingii) and spotted
turtle (Clemmys guttata). The applicant
has prepared a HCP that describes the
actions and measures that the applicant
would implement to avoid, minimize,
and mitigate incidental take of the
Hine’s emerald dragonfly, Blanding’s
turtle, and spotted turtle, and impacts to
leafy prairie clover and lakeside daisy.
We also announce the availability of a
draft environmental assessment (EA),
which has been prepared in response to
the permit application in accordance
with the requirements of the National
Environmental Policy Act (NEPA; 42
U.S.C. 4321 et seq.). We request public
comment on the application and
associated documents.
Background
Section 9 of the ESA and its
implementing regulations prohibit the
‘‘take’’ of animal species listed as
endangered or threatened. Take is
defined under the ESA as to ‘‘harass,
harm, pursue, hunt, shoot, wound, kill,
trap, capture, or collect ‘‘listed animal
species,’’ or to attempt to engage in such
conduct’’ (16 U.S.C. 1538). However,
under section 10(a) of the ESA, we may
issue permits to authorize incidental
take of listed species. ‘‘Incidental take’’
is defined by the ESA as take that is
incidental to, and not the purpose of,
PO 00000
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Fmt 4703
Sfmt 4703
carrying out an otherwise lawful activity
(16 U.S.C. 1539). Regulations governing
incidental take permits for endangered
and threatened species, respectively, are
found in the Code of Federal
Regulations at 50 CFR 17.22 and 50 CFR
17.32. Impacts to plants do not fall
under the definition of ‘‘take,’’ therefore,
the Service cannot authorize incidental
take of plants. However, the Service
cannot issue an ITP that would
jeopardize the continued existence or
adversely modify the designated critical
habitat of any listed species, including
plants, so addressing listed plants in the
HCP may be prudent.
Applicant’s Proposed Project
The applicant requests a 30-year ITP
to take the federally endangered Hine’s
emerald dragonfly (Somatochlora
hineana), and species petitioned for
Federal listing that are listed as
endangered by the State of Illinois: The
Blanding’s turtle (Emydoidea
blandingii) and spotted turtle (Clemmys
guttata). The applicant determined that
take is reasonably certain to occur
incidental to operation of expanded
limestone surface mining located in
Will County and consisting of 187 acres
of surface mining that will have direct
impacts to 49.6 acres of covered species
habitat. The proposed conservation
strategy in the applicant’s proposed
HCP is designed to avoid, minimize,
and mitigate the impacts of the surface
mining expansion on the covered
species. The biological goals and
objectives are to minimize potential take
of Hine’s emerald dragonflies,
Blanding’s turtles, and spotted turtles
through on-site minimization measures
and to provide habitat conservation
measures for Hine’s emerald
dragonflies, Blanding’s turtles, and
spotted turtles to offset any impacts
from operations of the project. The
estimated level of take from the project
is 49.6 acres of Hine’s emerald dragonfly
adult critical habitat, three adult Hine’s
emerald dragonflies, 12 Blanding’s
turtles, and two spotted turtles over the
30-year ITP duration. To offset the
impacts of the taking of Hine’s emerald
dragonflies, Blanding’s turtles, and
spotted turtles, the applicant proposes
to avoid potential groundwater-related
impacts from quarry dewatering, by
instituting operational avoidance
measures during the mining process,
and implement species habitat
maintenance, enhancement or
restoration on 354 acres. Additionally,
519 acres of land will be permanently
protected by a deed restriction and may
be converted to a conservation easement
if a qualified entity agrees to hold the
protected acreage.
E:\FR\FM\29MRN1.SGM
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Federal Register / Vol. 86, No. 58 / Monday, March 29, 2021 / Notices
National Environmental Policy Act
The issuance of an ITP is a Federal
action that triggers the need for
compliance with NEPA. We prepared a
draft EA that analyzes the
environmental impacts on the human
environment resulting from three
alternatives: A no-action alternative, the
applicant’s proposed action, and an
early planning mitigation alternative.
Next Steps
The Service will evaluate the permit
application and the comments received
to determine whether the application
meets the requirements of section 10(a)
of the ESA. We will also conduct an
intra-Service consultation pursuant to
section 7 of the ESA to evaluate the
effects of the proposed take. After
considering the above findings, we will
determine whether the permit issuance
criteria of section 10(a)(l)(B) of the ESA
have been met. If met, the Service will
issue the requested ITP to the applicant.
Request for Public Comments
The Service invites comments and
suggestions from all interested parties
on the proposed HCP, draft EA and
supporting documents during a 30-day
public comment period (see DATES). In
particular, information and comments
regarding the following topics are
requested:
1. The effects that implementation of
any alternative could have on the
human environment;
2. Whether or not the significance of
the impact on various aspects of the
human environment has been
adequately analyzed; and
3. Any other information pertinent to
evaluating the effects of the proposed
action on the human environment
including the Hine’s Emerald Dragonfly,
Blanding’s Turtle, and the spotted
turtle.
Availability of Public Comments
You may submit comments by one of
the methods shown under ADDRESSES.
We will post on https://regulations.gov
all public comments and information
received electronically or via hardcopy.
All comments received, including
names and addresses, will become part
of the administrative record associated
with this action. Before including your
address, phone number, email address,
or other personal identifying
information in your comment, you
should be aware that your entire
comment—including your personal
identifying information—may be made
publicly available at any time. While
you can request in your comment that
we withhold your personal identifying
information from public review, we
VerDate Sep<11>2014
17:20 Mar 26, 2021
Jkt 253001
cannot guarantee that we will be able to
do so. All submissions from
organizations or businesses, and from
individuals identifying themselves as
representatives or officials of
organizations or businesses, will be
made available for public disclosure in
their entirety.
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 the NEPA (42 U.S.C.
4371 et seq.) and its implementing
regulations (40 CFR 1506.6; 43 CFR part
46).
Lori Nordstrom,
Assistant Regional Director, Ecological
Services.
[FR Doc. 2021–06401 Filed 3–26–21; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R8–ES–2020–N132;
FXES11140800000–201–FF08EVEN00]
Endangered and Threatened Wildlife
and Plants; Draft Habitat Conservation
Plan and Draft Categorical Exclusion
for the Santa Barbara County Distinct
Population Segment of the California
Tiger Salamander; Santa Maria Public
Airport District Santa Maria Airport
Commercial Center Project, Santa
Barbara County, California
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 a draft habitat
conservation plan (HCP) and draft
categorical exclusion (CatEx) for
activities associated with an application
for an incidental take permit (ITP) under
the Endangered Species Act of 1973, as
amended. The ITP would authorize take
of the Santa Barbara County distinct
population segment of the California
tiger salamander incidental to activities
associated with construction near the
Santa Maria Airport in Santa Barbara
County, California. The applicant
developed the draft HCP as part of their
application for an ITP. The Service
prepared a draft low-effect screening
form and environmental action
statement in accordance with the
National Environmental Policy Act to
evaluate the potential effects to the
natural and human environment
resulting from issuing an ITP to the
SUMMARY:
PO 00000
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Fmt 4703
Sfmt 4703
16387
applicant. We invite public comment on
these documents.
DATES: Written comments should be
received on or before April 28, 2021.
ADDRESSES:
Obtaining Documents: You may
download a copy of the draft HCP and
draft CatEx at https://www.fws.gov/
ventura/, or you may request copies of
the documents by U.S. mail (below) or
by phone (see FOR FURTHER INFORMATION
CONTACT).
Submitting Written Comments: Please
send us your written comments using
one of the following methods:
• U.S. mail: Stephen P. Henry, Field
Supervisor, Ventura Fish and Wildlife
Office, U.S. Fish and Wildlife Service,
2493 Portola Road, Suite B, Ventura, CA
93003.
• Email: joseph_brandt@fws.gov.
FOR FURTHER INFORMATION CONTACT:
Joseph Brandt, Fish and Wildlife
Biologist, by email (see ADDRESSES), via
phone at (805) 677–3324, via the
Federal Relay Service at 1–800–877–
8339 for TTY assistance, or by mail (see
ADDRESSES).
SUPPLEMENTARY INFORMATION: We, the
U.S. Fish and Wildlife Service (Service),
announce the availability of a draft
habitat conservation plan (HCP) and
draft low-effect screening form and
environmental action statement for
activities associated with an application
for an incidental take permit (ITP) under
section 10(a)(1)(B) of the Endangered
Species Act of 1973, as amended (ESA;
16 U.S.C. 1531 et seq.). The ITP would
authorize take of the Santa Barbara
County distinct population segment of
the California tiger salamander
(Ambystoma californiense) incidental to
activities associated with the
construction of commercial urban
developed uses over an 28-acre project
site near the Santa Maria Airport in
Santa Barbara County, California. The
site would be fully developed with
urban uses and a water detention basin.
The applicant developed the draft HCP
as part of their application for an ITP.
The Service prepared a draft low-effect
screening form and environmental
action statement in accordance with the
National Environmental Policy Act of
1969 (NEPA; 42 U.S.C. 4321 et seq.) to
evaluate the potential effects to the
natural and human environment
resulting from issuing an ITP to the
applicant. We invite public comment on
all of these documents.
Background
The Service listed the Santa Barbara
County DPS of the California tiger
salamander as endangered on
September 21, 2000 (65 FR 57242).
E:\FR\FM\29MRN1.SGM
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]]>Agencies
[Federal Register Volume 86, Number 58 (Monday, March 29, 2021)]
[Notices]
[Pages 16385-16387]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06401]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R3-ES-2021-0005; FXES11140300000-212]
Draft Environmental Assessment and Proposed Habitat Conservation
Plan; Receipt of an Application for an Incidental Take Permit, Habitat
Conservation Plan for the Hine's Emerald Dragonfly, Blanding's Turtle,
Spotted Turtle, Leafy Prairie Clover, and Lakeside Daisy, Will County,
Illinois
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for comment and information.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service, have received an
application from Hanson Aggregates Midwest, Inc. d/b/a Hanson Material
[[Page 16386]]
Service (applicant) for an incidental take permit (ITP) under the
Endangered Species Act. We make available for public comment the
applicant's habitat conservation plan (HCP) for continued limestone
surface mining, submitted in support of the ITP application, for the
Hine's emerald dragonfly, Blanding's turtle, spotted turtle, leafy
prairie clover, and Lakeside Daisy (covered species). If approved, the
ITP would be for a 30-year period and would authorize the incidental
take of an endangered species, the Hine's emerald dragonfly, and
species petitioned for Federal listing that are listed as endangered by
the State of Illinois, the Blanding's turtle and spotted turtle. We
also announce the availability of a draft environmental assessment,
which has been prepared in response to the permit application in
accordance with the requirements of the National Environmental Policy
Act. We request public comment on the application and associated
documents.
DATES: We will accept comments received or postmarked on or before
April 28, 2021.
ADDRESSES:
Document availability: Electronic copies of the documents this
notice announces, along with public comments received, will be
available online in Docket No. FWS-R3-ES-2021-0005 at https://www.regulations.gov.
Comment submission: In your comment, please specify whether your
comment addresses the proposed HCP, draft EA, or any combination of the
aforementioned documents, or other supporting documents. You may submit
written comments by one of the following methods:
Online: https://www.regulations.gov. Search for and submit
comments on Docket No. FWS-R3-ES-2021-0005.
U.S. mail: Send comments to Public Comments Processing,
Attn: Docket No. FWS-R3-ES-2021-0005; U.S. Fish and Wildlife Service;
5275 Leesburg Pike, MS: PRB/3W; Falls Church, VA 22041-3803.
FOR FURTHER INFORMATION CONTACT: Louise Clemency, Field Supervisor,
Chicago Ecological Services Field Office, U.S. Fish and Wildlife
Service, 230 S Dearborn, Suite 2938, Chicago, IL 60604-1507; telephone:
1-312-485-9337.
Individuals who are hearing impaired or speech impaired may call
the Federal Relay Service at 1-800-877-8339 for TTY assistance.
SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service
(Service), have received an application from Hanson Aggregates Midwest,
Inc. d/b/a Hanson Material Service (applicant) for an incidental take
permit (ITP) under the Endangered Species Act of 1973, as amended (ESA;
16 U.S.C. 1531 et seq.), for its habitat conservation plan (HCP) for
the Hine's emerald dragonfly, Blanding's turtle, spotted turtle, leafy
prairie clover, and lakeside daisy (project or HCP). The applicant's
mining operation is located in Will County, Illinois and would consists
of 49.6 acres of impacts to covered species habitat. The applicant has
prepared a habitat conservation plan that describes their continued
limestone surface mining operation and measures that the applicant
would implement to avoid, minimize, and mitigate incidental take of the
Hine's emerald dragonfly, Blanding's turtle, and spotted turtle. The
HCP proposes to restore, enhance, and maintain 354 acres of covered
species habitat on the 519 acres of land that will be protected in
perpetuity by a deed restriction that may be converted to a
conservation easement if a qualified entity agrees to hold the
protected acreage. If approved, the ITP would be for a 30-year period
and would authorize the incidental take of an endangered species, the
Hine's emerald dragonfly (Somatochlora hineana), and species petitioned
for Federal listing that are listed as endangered by the State of
Illinois, the Blanding's turtle (Emydoidea blandingii) and spotted
turtle (Clemmys guttata). The applicant has prepared a HCP that
describes the actions and measures that the applicant would implement
to avoid, minimize, and mitigate incidental take of the Hine's emerald
dragonfly, Blanding's turtle, and spotted turtle, and impacts to leafy
prairie clover and lakeside daisy. We also announce the availability of
a draft environmental assessment (EA), which has been prepared in
response to the permit application in accordance with the requirements
of the National Environmental Policy Act (NEPA; 42 U.S.C. 4321 et
seq.). We request public comment on the application and associated
documents.
Background
Section 9 of the ESA and its implementing regulations prohibit the
``take'' of animal species listed as endangered or threatened. Take is
defined under the ESA as to ``harass, harm, pursue, hunt, shoot, wound,
kill, trap, capture, or collect ``listed animal species,'' or to
attempt to engage in such conduct'' (16 U.S.C. 1538). However, under
section 10(a) of the ESA, we may issue permits to authorize incidental
take of listed species. ``Incidental take'' is defined by the ESA as
take that is incidental to, and not the purpose of, carrying out an
otherwise lawful activity (16 U.S.C. 1539). Regulations governing
incidental take permits for endangered and threatened species,
respectively, are found in the Code of Federal Regulations at 50 CFR
17.22 and 50 CFR 17.32. Impacts to plants do not fall under the
definition of ``take,'' therefore, the Service cannot authorize
incidental take of plants. However, the Service cannot issue an ITP
that would jeopardize the continued existence or adversely modify the
designated critical habitat of any listed species, including plants, so
addressing listed plants in the HCP may be prudent.
Applicant's Proposed Project
The applicant requests a 30-year ITP to take the federally
endangered Hine's emerald dragonfly (Somatochlora hineana), and species
petitioned for Federal listing that are listed as endangered by the
State of Illinois: The Blanding's turtle (Emydoidea blandingii) and
spotted turtle (Clemmys guttata). The applicant determined that take is
reasonably certain to occur incidental to operation of expanded
limestone surface mining located in Will County and consisting of 187
acres of surface mining that will have direct impacts to 49.6 acres of
covered species habitat. The proposed conservation strategy in the
applicant's proposed HCP is designed to avoid, minimize, and mitigate
the impacts of the surface mining expansion on the covered species. The
biological goals and objectives are to minimize potential take of
Hine's emerald dragonflies, Blanding's turtles, and spotted turtles
through on-site minimization measures and to provide habitat
conservation measures for Hine's emerald dragonflies, Blanding's
turtles, and spotted turtles to offset any impacts from operations of
the project. The estimated level of take from the project is 49.6 acres
of Hine's emerald dragonfly adult critical habitat, three adult Hine's
emerald dragonflies, 12 Blanding's turtles, and two spotted turtles
over the 30-year ITP duration. To offset the impacts of the taking of
Hine's emerald dragonflies, Blanding's turtles, and spotted turtles,
the applicant proposes to avoid potential groundwater-related impacts
from quarry dewatering, by instituting operational avoidance measures
during the mining process, and implement species habitat maintenance,
enhancement or restoration on 354 acres. Additionally, 519 acres of
land will be permanently protected by a deed restriction and may be
converted to a conservation easement if a qualified entity agrees to
hold the protected acreage.
[[Page 16387]]
National Environmental Policy Act
The issuance of an ITP is a Federal action that triggers the need
for compliance with NEPA. We prepared a draft EA that analyzes the
environmental impacts on the human environment resulting from three
alternatives: A no-action alternative, the applicant's proposed action,
and an early planning mitigation alternative.
Next Steps
The Service will evaluate the permit application and the comments
received to determine whether the application meets the requirements of
section 10(a) of the ESA. We will also conduct an intra-Service
consultation pursuant to section 7 of the ESA to evaluate the effects
of the proposed take. After considering the above findings, we will
determine whether the permit issuance criteria of section 10(a)(l)(B)
of the ESA have been met. If met, the Service will issue the requested
ITP to the applicant.
Request for Public Comments
The Service invites comments and suggestions from all interested
parties on the proposed HCP, draft EA and supporting documents during a
30-day public comment period (see DATES). In particular, information
and comments regarding the following topics are requested:
1. The effects that implementation of any alternative could have on
the human environment;
2. Whether or not the significance of the impact on various aspects
of the human environment has been adequately analyzed; and
3. Any other information pertinent to evaluating the effects of the
proposed action on the human environment including the Hine's Emerald
Dragonfly, Blanding's Turtle, and the spotted turtle.
Availability of Public Comments
You may submit comments by one of the methods shown under
ADDRESSES. We will post on https://regulations.gov all public comments
and information received electronically or via hardcopy. All comments
received, including names and addresses, will become part of the
administrative record associated with this action. Before including
your address, phone number, email address, or other personal
identifying information in your comment, you should be aware that your
entire comment--including your personal identifying information--may be
made publicly available at any time. While you can request in your
comment that we withhold your personal identifying information from
public review, we cannot guarantee that we will be able to do so. All
submissions from organizations or businesses, and from individuals
identifying themselves as representatives or officials of organizations
or businesses, will be made available for public disclosure in their
entirety.
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 the
NEPA (42 U.S.C. 4371 et seq.) and its implementing regulations (40 CFR
1506.6; 43 CFR part 46).
Lori Nordstrom,
Assistant Regional Director, Ecological Services.
[FR Doc. 2021-06401 Filed 3-26-21; 8:45 am]
BILLING CODE 4333-15-P
