Notice2022-14182
Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for the Audubon's Crested Caracara; Glades County, FL; Categorical Exclusion
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 5, 2022
Issuing agencies
Interior DepartmentFish and Wildlife Service
Abstract
We, the Fish and Wildlife Service (Service), announce receipt of an application from Stewart Materials, LLC (applicant) for an incidental take permit (ITP) under the Endangered Species Act. The applicant requests the ITP to take the federally listed Audubon's crested caracara incidental to the construction and operation of a sand mine in Glades 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.
Full Text
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<title>Federal Register, Volume 87 Issue 127 (Tuesday, July 5, 2022)</title>
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[Federal Register Volume 87, Number 127 (Tuesday, July 5, 2022)]
[Notices]
[Page 39865]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-14182]
[[Page 39865]]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS-R4-ES-2022-0002; FXES11130400000-223-FF04EF4000]
Receipt of Incidental Take Permit Application and Proposed
Habitat Conservation Plan for the Audubon's Crested Caracara; Glades
County, FL; Categorical Exclusion
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for comments and information.
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SUMMARY: We, the Fish and Wildlife Service (Service), announce receipt
of an application from Stewart Materials, LLC (applicant) for an
incidental take permit (ITP) under the Endangered Species Act. The
applicant requests the ITP to take the federally listed Audubon's
crested caracara incidental to the construction and operation of a sand
mine in Glades 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 August 4,
2022.
ADDRESSES:
Obtaining Documents: You may obtain copies of the documents online
in Docket No. FWS-R4-ES-2022-0002 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
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:
<bullet> Online: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the
instructions for submitting comments on Docket No. FWS-R4-ES-2022-0002.
<bullet> U.S. mail: Public Comments Processing, Attn: Docket No.
FWS-R4-ES-2022-0002; U.S. Fish and Wildlife Service, MS: PRB/3W, 5275
Leesburg Pike, Falls Church, VA 22041-3803.
FOR FURTHER INFORMATION CONTACT: Alfredo Begazo, by U.S. mail (see
ADDRESSES), or via phone at 772-469-4234. Individuals in the United
States who are deaf, deafblind, hard of hearing, or have a speech
disability may dial 711 (TTY, TDD, or TeleBraille) to access
telecommunications relay services. Individuals outside the United
States should use the relay services offered within their country to
make international calls to the point-of-contact in the United States.
SUPPLEMENTARY INFORMATION: We, the Fish and Wildlife Service, announce
receipt of an application from Stewart Materials, LLC (applicant) 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 Audubon's crested caracara
(Polyborus plancus audubonii) (caracara) incidental to the construction
and operation of a sand mine in Glades County, Florida. We request
public comment on the application, which includes the applicant's 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 20-year ITP to take caracara via the
conversion of approximately 408.4 acres of occupied nesting, foraging,
and sheltering caracara habitat incidental to the construction and
operation of a sand mine on a 408.4-acre parcel in Sections 21, 22, 27,
and 28, Township 41 South, Range 31 East in Glades County, Florida. The
applicant proposes to mitigate for take of caracara by donating
$100,000 to the Fish and Wildlife Foundation of Florida's Crested
Caracara Conservation Fund, an organization dedicated to the recovery
efforts for the species. The applicant would make the proposed donation
prior to engaging in any phase of the project. Additionally, after the
mining operations have concluded, the applicant will plant 20 cabbage
palm trees in the buffer around the lake on the parcel. Cabbage palms
are the preferred nesting tree for the caracara. These plantings will
enhance the area for caracara nesting.
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 land clearing, grading, excavating, and
removal of commercial grade sands via an electric powered hydraulic
dredge; construction of berms and access roads; and other ground
disturbance and site preparation activities--would individually and
cumulatively have a minor or negligible effect on the caracara and the
environment. Therefore, we have preliminarily concluded that the ITP
for this project would qualify for categorical exclusion and that the
HCP is low effect under our NEPA regulations at 43 CFR 46.205 and
46.210. A low-effect 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
reasonable 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 and other 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 PER0012910 to Stewart Materials,
LLC.
Authority
The Service provides this notice under section 10(c) of the ESA (16
U.S.C. 1531 et seq.) and its implementing regulations (50 CFR 17.32)
and NEPA (42 U.S.C. 4321 et seq.) and its implementing regulations (40
CFR 1506.6 and 43 CFR 46.305).
Robert L. Carey,
Division Manager, Environmental Review, Florida Ecological Services
Office.
[FR Doc. 2022-14182 Filed 7-1-22; 8:45 am]
BILLING CODE 4333-15-P
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