Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for the Eastern Indigo Snake; Decatur County, GA; Categorical Exclusion, 10932-10933 [2023-03635]

Download as PDF lotter on DSK11XQN23PROD with NOTICES1 10932 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / Notices Application No. Applicant Species Location Activity Type of take Permit action TE 11135C ........ Herpetological Resource and Management, LLC, Grass Lake, MI. IL, IN, MI, OH, and WI .. Conduct presence/absence surveys, document habitat use, conduct population monitoring, and evaluate impacts. Capture, handle, hold, mark, collect nonintrusive measurements, and release. Renew and amend. ES69825D ......... Michigan State University, Hickory Corners, MI. MI .................................. Conduct presence/absence surveys, document habitat use, conduct population monitoring, and evaluate impacts. Capture, handle, collect eggs, headstart, hold, release. Amend. ES21829B ......... Laura Bishop-Boros, Williamsburg, VA. Add new locations–HI, LA, IL, NM, MT, TX– to existing authorized States: AL, AR, CT, DE, DC, FL, GA, IN, IA, KS, KY, MA, MD, ME, MI, MO, MS, NE, NC, ND, NH, NJ, NY, OH, OK, PA, RI, SC, SD, TN, VA, VT, WI, WV, and WY. Conduct presence/absence surveys, document habitat use, conduct population monitoring, and evaluate impacts. Capture with mist-nets, handle, identify, radiotag, band, collect nonintrusive measurements, collect biosamples, enter hibernacula, and release. Renew and amend. ES90090B ......... Power Engineers Inc., Richmond, VA. Animals: Eastern massasauga rattlesnake (Sistrurus catenatus) and Copperbelly water snake (Nerodia erythrogaster neglecta) Plants: Pitcher’s thistle (Cirsium pitcheri), Dwarf lake iris (Iris lacustris), eastern prairie fringed orchid (Platanthera leucophaea). Add new species— Mitchell’s satyr butterfly (Neonympha mitchellii mitchellii)— to existing authorized species: Poweshiek skipperling (Oarisma poweshiek). Add new species— Mexican long-nosed bat (Leptonycteris nivalis) and Hawaiian hoary bat (Lasiurus cinereus semotus)—to existing authorized species: Indiana bat (Myotis sodalis), gray bat (M. grisescens), and Northern longeared bat (M. septentrionalis). Northern long-eared bat (Myotis septentrionalis). DE, KS, ME, MA, MN, MT, NE, NH, ND, SD, RI, OK, WI, and WY. Capture with mist-nets, handle, identify, collect nonintrusive measurements, and release. Renew. ESPER0107276 Sarah Stankavich, Columbus, OH. Indiana bat (Myotis sodalis), gray bat (M. grisescens) and Northern long-eared bat (M. septentrionalis). AL, AR, CT, DE, DC, FL, GA, IL, IN, IA, KS, KY, LA, MA, ME, MD, MI, MI, MS, MO, MT, NE, NH, NJ, NY, NC, ND, OH, OK, PA, RI, SC, SD, TN, VT, VA, WI, WV, and WY. Conduct presence/absence surveys, document habitat use, conduct population monitoring, and evaluate impacts. Conduct presence/absence surveys, document habitat use, conduct population monitoring, and evaluate impacts. Capture with mist-nets, handle, identify, radiotag, band, collect nonintrusive measurements, collect biosamples, enter hibernacula, and release. New. Public Availability of Comments Next Steps DEPARTMENT OF THE INTERIOR Written comments we receive 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. Moreover, 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. If we decide to issue permits to any of the applicants listed in this notice, we will publish a notice in the Federal Register. Fish and Wildlife Service Authority Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for the Eastern Indigo Snake; Decatur County, GA; Categorical Exclusion VerDate Sep<11>2014 19:42 Feb 21, 2023 Jkt 259001 We publish this notice under section 10(c) of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.). Lori Nordstrom, Assistant Regional Director, Ecological Services, Midwest Region. [FR Doc. 2023–03644 Filed 2–21–23; 8:45 am] BILLING CODE 4333–15–P PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 [Docket No. FWS–R4–ES–2023–0019; FXES11130400000–234–FF04EF4000] Fish and Wildlife Service, Interior. ACTION: Notice of availability; request for comments. AGENCY: We, the Fish and Wildlife Service (Service), announce receipt of an application from Tri-State Solar Project, LLC (applicant) for an incidental take permit (ITP) under the Endangered Species Act. The applicant requests the ITP to take the federally SUMMARY: E:\FR\FM\22FEN1.SGM 22FEN1 lotter on DSK11XQN23PROD with NOTICES1 Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / Notices listed threatened eastern indigo snake (Drymarchon couperi) incidental to the construction and operation of a solar facility in Decatur County, Georgia. 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 the proposed permitting action may be eligible for a categorical exclusion pursuant to the Council on Environmental Quality’s National Environmental Policy Act (NEPA) regulations, the Department of the Interior’s (DOI) NEPA regulations, and the DOI Departmental Manual. To make this preliminary determination, we prepared a draft environmental action statement and low-effect screening form, both of which are also available for public review. We invite comment from the public and local, State, Tribal, and Federal agencies. DATES: We must receive your written comments on or before March 24, 2023. ADDRESSES: Obtaining Documents: You may obtain copies of the documents online in Docket No. FWS–R4–ES–2023–0019 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 one of the following methods: • Online: https:// www.regulations.gov. Follow the instructions for submitting comments on Docket No. FWS–R4–ES–2023–0019. • U.S. mail: Public Comments Processing, Attn: Docket No. FWS–R4– ES–2023–0019; U.S. Fish and Wildlife Service, MS: PRB/3W, 5275 Leesburg Pike, Falls Church, VA 22041–3803. FOR FURTHER INFORMATION CONTACT: Michele Elmore, by U.S. mail (see ADDRESSES), via phone at 912–403– 1873, or by email at michele_elmore@ fws.gov. 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-ofcontact in the United States. SUPPLEMENTARY INFORMATION: We, the Fish and Wildlife Service (Service), announce receipt of an application from Tri-State Solar Project, 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 threatened eastern indigo snake (Drymarchon couperi) VerDate Sep<11>2014 19:42 Feb 21, 2023 Jkt 259001 incidental to the construction and operation of a solar facility development in Decatur County, Georgia. We request public comment on the application, which includes the applicant’s habitat conservation plan (HCP), and on the Service’s preliminary determination that this proposed ITP qualifies as ‘‘low effect,’’ and may qualify for a categorical exclusion pursuant to the Council on Environmental Quality’s National Environmental Policy Act (NEPA) regulations (40 CFR 1501.4), the Department of the Interior’s (DOI) NEPA regulations (43 CFR 46), and the DOI’s Departmental Manual (516 DM 8.5(C)(2)). To make this preliminary determination, we prepared a draft environmental action statement and low-effect screening form, both of which are also available for public review. Proposed Project The applicant requests a 10-year ITP to take three individual eastern indigo snakes via the conversion of approximately 431 acres (ac) of occupied nesting, foraging, and sheltering habitat incidental to the construction and operation of a solar facility development on a 3,611-ac parcel on the north side of Georgia State Route 253 and east side of Georgia State Route 310, approximately 4 miles west of Bainbridge, in Decatur County, Georgia. The applicant proposes to avoid and minimize take of the species to the greatest extent possible by implementing the Service’s Standard Protection Measures for the eastern indigo snake during implementation of activities associated with the construction and operation of the solar facility. The applicant proposes mitigation for take of the eastern indigo snake by contributing $339,412.50 to the Wildlife Foundation of Florida—Eastern Indigo Snake Conservation Fund. These funds will be used in Georgia for the management or restoration of eastern indigo snake habitat, purchase of occupied habitat, purchase of development rights for occupied habitat, or a combination thereof. The Service would require the applicant to provide the contribution of the funds prior to engaging in any construction 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 PO 00000 Frm 00065 Fmt 4703 Sfmt 9990 10933 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 proposed project, including the construction and operation of the solar facility, would individually and cumulatively have a minor effect on the eastern indigo snake and the human environment. Therefore, we have preliminarily determined that the proposed ESA section 10(a)(1)(B) permit would be a ‘‘low-effect’’ ITP that individually or cumulatively would have a minor effect on the eastern indigo snake and may qualify for application of a categorical exclusion pursuant to the Council on Environmental Quality’s NEPA regulations, DOI’s NEPA regulations, and the DOI Departmental Manual. A ‘‘low-effect’’ incidental take permit is one that would result in (1) minor or negligible effects on species covered in the HCP; (2) nonsignificant effects on the human environment; and (3) impacts that, when added together with the impacts of other past, present, and reasonable foreseeable actions, would not result in significant cumulative effects to the human environment. Next Steps The Service will evaluate the application and the comments to determine whether to issue the requested ITP. 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 PER 0053113 to Tri-State Solar Project, LLC. Authority The Service provides this notice under section 10(c) of the Endangered Species Act (16 U.S.C. 1531 et seq.) and its implementing regulations (50 CFR 17.32) and the National Environmental Policy Act (42 U.S.C. 4321 et seq.) and its implementing regulations (40 CFR 1500–1508 and 43 CFR 46). Peter Maholland, Field Supervisor, Georgia Ecological Services Office. [FR Doc. 2023–03635 Filed 2–21–23; 8:45 am] BILLING CODE 4333–15–P E:\FR\FM\22FEN1.SGM 22FEN1

Agencies

[Federal Register Volume 88, Number 35 (Wednesday, February 22, 2023)]
[Notices]
[Pages 10932-10933]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03635]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[Docket No. FWS-R4-ES-2023-0019; FXES11130400000-234-FF04EF4000]


Receipt of Incidental Take Permit Application and Proposed 
Habitat Conservation Plan for the Eastern Indigo Snake; Decatur County, 
GA; Categorical Exclusion

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comments.

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

SUMMARY: We, the Fish and Wildlife Service (Service), announce receipt 
of an application from Tri-State Solar Project, LLC (applicant) for an 
incidental take permit (ITP) under the Endangered Species Act. The 
applicant requests the ITP to take the federally

[[Page 10933]]

listed threatened eastern indigo snake (Drymarchon couperi) incidental 
to the construction and operation of a solar facility in Decatur 
County, Georgia. 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 the proposed permitting 
action may be eligible for a categorical exclusion pursuant to the 
Council on Environmental Quality's National Environmental Policy Act 
(NEPA) regulations, the Department of the Interior's (DOI) NEPA 
regulations, and the DOI Departmental Manual. To make this preliminary 
determination, we prepared a draft environmental action statement and 
low-effect screening form, both of which are also available for public 
review. We invite comment from the public and local, State, Tribal, and 
Federal agencies.

DATES: We must receive your written comments on or before March 24, 
2023.

ADDRESSES: 
    Obtaining Documents: You may obtain copies of the documents online 
in Docket No. FWS-R4-ES-2023-0019 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 one of the following methods:
     Online: https://www.regulations.gov. Follow the 
instructions for submitting comments on Docket No. FWS-R4-ES-2023-0019.
     U.S. mail: Public Comments Processing, Attn: Docket No. 
FWS-R4-ES-2023-0019; U.S. Fish and Wildlife Service, MS: PRB/3W, 5275 
Leesburg Pike, Falls Church, VA 22041-3803.

FOR FURTHER INFORMATION CONTACT: Michele Elmore, by U.S. mail (see 
ADDRESSES), via phone at 912-403-1873, or by email at 
[email protected]. 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 (Service), 
announce receipt of an application from Tri-State Solar Project, 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 threatened 
eastern indigo snake (Drymarchon couperi) incidental to the 
construction and operation of a solar facility development in Decatur 
County, Georgia. We request public comment on the application, which 
includes the applicant's habitat conservation plan (HCP), and on the 
Service's preliminary determination that this proposed ITP qualifies as 
``low effect,'' and may qualify for a categorical exclusion pursuant to 
the Council on Environmental Quality's National Environmental Policy 
Act (NEPA) regulations (40 CFR 1501.4), the Department of the 
Interior's (DOI) NEPA regulations (43 CFR 46), and the DOI's 
Departmental Manual (516 DM 8.5(C)(2)). To make this preliminary 
determination, we prepared a draft environmental action statement and 
low-effect screening form, both of which are also available for public 
review.

Proposed Project

    The applicant requests a 10-year ITP to take three individual 
eastern indigo snakes via the conversion of approximately 431 acres 
(ac) of occupied nesting, foraging, and sheltering habitat incidental 
to the construction and operation of a solar facility development on a 
3,611-ac parcel on the north side of Georgia State Route 253 and east 
side of Georgia State Route 310, approximately 4 miles west of 
Bainbridge, in Decatur County, Georgia. The applicant proposes to avoid 
and minimize take of the species to the greatest extent possible by 
implementing the Service's Standard Protection Measures for the eastern 
indigo snake during implementation of activities associated with the 
construction and operation of the solar facility. The applicant 
proposes mitigation for take of the eastern indigo snake by 
contributing $339,412.50 to the Wildlife Foundation of Florida--Eastern 
Indigo Snake Conservation Fund. These funds will be used in Georgia for 
the management or restoration of eastern indigo snake habitat, purchase 
of occupied habitat, purchase of development rights for occupied 
habitat, or a combination thereof. The Service would require the 
applicant to provide the contribution of the funds prior to engaging in 
any construction 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 proposed project, including the construction and operation 
of the solar facility, would individually and cumulatively have a minor 
effect on the eastern indigo snake and the human environment. 
Therefore, we have preliminarily determined that the proposed ESA 
section 10(a)(1)(B) permit would be a ``low-effect'' ITP that 
individually or cumulatively would have a minor effect on the eastern 
indigo snake and may qualify for application of a categorical exclusion 
pursuant to the Council on Environmental Quality's NEPA regulations, 
DOI's NEPA regulations, and the DOI Departmental Manual. A ``low-
effect'' incidental take permit is one that would result in (1) minor 
or negligible effects on species covered in the HCP; (2) nonsignificant 
effects on the human environment; and (3) impacts that, when added 
together with the impacts of other past, present, and reasonable 
foreseeable actions, would not result in significant cumulative effects 
to the human environment.

Next Steps

    The Service will evaluate the application and the comments to 
determine whether to issue the requested ITP. 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 PER 0053113 to Tri-State Solar Project, LLC.

Authority

    The Service provides this notice under section 10(c) of the 
Endangered Species Act (16 U.S.C. 1531 et seq.) and its implementing 
regulations (50 CFR 17.32) and the National Environmental Policy Act 
(42 U.S.C. 4321 et seq.) and its implementing regulations (40 CFR 1500-
1508 and 43 CFR 46).

Peter Maholland,
Field Supervisor, Georgia Ecological Services Office.
[FR Doc. 2023-03635 Filed 2-21-23; 8:45 am]
BILLING CODE 4333-15-P

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