Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for the Alabama Beach Mouse, Baldwin County, AL; Categorical Exclusion, 38888-38889 [2023-12718]

Download as PDF 38888 Federal Register / Vol. 88, No. 114 / Wednesday, June 14, 2023 / Notices and the environment. Therefore, we have preliminarily determined that the proposed ESA section 10(a)(1)(B) permit would be a low-effect ITP 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 nonsignificant 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 reasonably 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 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 PER1097491 to Unicorp National Developments, 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). Robert L. Carey, Manager, Division of Environmental Review, Florida Ecological Services Field Office. [FR Doc. 2023–12714 Filed 6–13–23; 8:45 am] BILLING CODE 4333–15–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service ddrumheller on DSK120RN23PROD with NOTICES1 [FWS–R4–ES–2023–0079; FXES11140400000EA–234–FF04EA1000] Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for the Alabama Beach Mouse, Baldwin County, AL; Categorical Exclusion AGENCY: Fish and Wildlife Service, Interior. VerDate Sep<11>2014 19:24 Jun 13, 2023 Jkt 259001 Notice of availability; request for comment. We, the Fish and Wildlife Service (Service), announce receipt of an application from David Clampitt (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 Alabama beach mouse (Peromyscus polionotus ammobates) (ABM) incidental to the construction of a single-family home (project) in the City of Orange Beach, Baldwin County, Alabama. 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. ACTION: SUPPLEMENTARY INFORMATION: We, the Fish and Wildlife Service (Service), announce receipt of an application from David Clampitt (applicant) for an incidental take permit (ITP) under the Endangered Species Act. The applicant requests the ITP to take the federally listed Alabama beach mouse (Peromyscus polionotus ammobates) incidental to construction in the City of Orange Beach, Baldwin County, Alabama. 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 July 14, 2023. ADDRESSES: Obtaining Documents: You may obtain copies of the documents online in Docket No. FWS–R4–ES–2023–0079 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–2023–0079. • U.S. Mail: Public Comments Processing, Attn: Docket No. FWS–R4– ES–2023–0079; U.S. Fish and Wildlife Service, MS: PRB/3W, 5275 Leesburg Pike, Falls Church, VA 22041–3803. FOR FURTHER INFORMATION CONTACT: Mr. William Lynn, Project Manager, by telephone at 251–441–5868 or via email at william_lynn@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. Proposed Project The applicant requests a 30-year ITP to take ABM by destroying approximately 0.160 acre (ac) of occupied ABM foraging and sheltering habitat incidental to the construction of a single-family home located on a 1.67ac parcel in Baldwin County, Alabama. The previous single-family home that was located on the site was destroyed in 2004 by Hurricane Ivan. The applicant proposes 1.10 ac of onsite mitigation through the restoration (0.01 ac), enhancement (0.41 ac), and protection (0.68 ac) of ABM habitat. This proposed onsite mitigation would be protected and maintained in the event of landfalling tropical cyclones for the duration of the permit. In addition to the on-site conservation measures, the applicant will purchase and dedicate to conservation a 0.232-ac platted lot that contains existing ABM habitat. This off-site mitigation area is near Federal lands and will remove the parcel from development pressure and future ITP processes. In total, the plan proposes restoring, enhancing, and protecting 1.332 ac of ABM habitat. The standard mitigation and minimization measures to be implemented on the site include installing sea turtle-friendly lighting and tinted windows, landscaping with native vegetation, enhancing the frontal dune area, constructing a concrete SUMMARY: PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 E:\FR\FM\14JNN1.SGM 14JNN1 Federal Register / Vol. 88, No. 114 / Wednesday, June 14, 2023 / Notices driveway that will not disperse in a storm surge, implementing refusecontrol measures during construction and requiring that future residents utilize such measures, and restoring ABM habitat after tropical storms. Freeroaming cats and the use of exterior rodenticide would be prohibited within the parcel. 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. ddrumheller on DSK120RN23PROD with NOTICES1 Our Preliminary Determination The Service has made a preliminary determination that the applicant’s project, including land clearing, infrastructure building, landscaping, and the proposed mitigation and minimization measures, would individually and cumulatively have a minor effect on the Alabama beach mouse 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 Alabama beach mouse 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 nonsignificant 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 received 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 on the species. We will consider the above in determining whether the permit issuance criteria of section 10(a)(l)(B) of the ESA have been met. If met, the Service will issue ITP number PER0284585 to David Clampitt. VerDate Sep<11>2014 19:24 Jun 13, 2023 Jkt 259001 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). William J. Pearson, Field Supervisor, Alabama Ecological Service Field Office. [FR Doc. 2023–12718 Filed 6–13–23; 8:45 am] BILLING CODE 4333–15–P [234A2100DD/AAKC001030/ A0A501010.999900253G] Bureau of Indian Affairs, Interior. Notice. ACTION: This notice publishes the approval of the Memorandum of Incorporation of Most Favored Nation Amendments to the Tribal State Compact (Amendment) between the Kalispel Indian Community of the Kalispel Reservation (Tribe) and the State of Washington (State). DATES: The Amendment takes effect on June 14, 2023. FOR FURTHER INFORMATION CONTACT: Ms. Paula L. Hart, Director, Office of Indian Gaming, Office of the Deputy Assistant Secretary—Policy and Economic Development, Washington, DC 20240, paula.hart@bia.gov, (202) 219–4066. SUPPLEMENTARY INFORMATION: Under section 11 of the Indian Gaming Regulatory Act (IGRA), Public Law 100– 497, 25 U.S.C. 2701 et seq., the Secretary of the Interior shall publish in the Federal Register notice of approved Tribal-State compacts for the purpose of engaging in Class III gaming activities on Indian lands. As required by 25 CFR 293.4, all compacts and amendments are subject to review and approval by the Secretary. The Amendment replaces Section III(O) with language to clearly establish which individuals will be allowed to carry firearms within the gaming facility, such as law enforcement, or other individuals authorized by the Tribe’s ordinances and that the Tribe will maintain a list of all authorized persons. It also adds language regarding tort liability for negligent use of firearms. The SUMMARY: Fmt 4703 [FR Doc. 2023–12681 Filed 6–13–23; 8:45 am] BILLING CODE 4337–15–P DEPARTMENT OF THE INTERIOR Sfmt 4703 [2341A2100DD/AAKC001030/ A0A501010.999900] Bureau of Indian Affairs (BIA), Interior. ACTION: Notice. AGENCY: Indian Gaming; Approval of TribalState Class III Gaming Compact in the State of Washington Frm 00081 Bryan Newland, Assistant Secretary—Indian Affairs. Forthcoming FY 2024 NATIVE Act Tribal Tourism Cooperative Agreement Bureau of Indian Affairs PO 00000 Amendment adds Appendix T, Technical Requirements Governing the Gaming Data Environment and adds Appendix W, Rules Governing Wide Area Progressives. The Amendment is approved. Bureau of Indian Affairs DEPARTMENT OF THE INTERIOR AGENCY: 38889 The Office of the Assistant Secretary—Indian Affairs, through the Office of Indian Economic Development (OIED), will be soliciting proposals from Federally recognized Indian Tribes, Alaska Native Corporations, Native American Tribal Organizations, Tribal Colleges and Universities, and Native Hawaiian Organizations. DATES: Proposals must be submitted to Grants.gov no later than 5 p.m. EST by the deadline indicated on Grants.gov. ADDRESSES: Proposals must be submitted to https://www.Grants.gov. FOR FURTHER INFORMATION CONTACT: Ms. Denise Litz, Division Chief, Division of Economic Development, Office of Indian Economic Development, telephone: (303) 710–0661; email: katharine.litz@bia.gov. If you have questions regarding the application process, please contact Ms. Jo Ann Metcalfe, Grant Officer, telephone (401) 703–3390; email jo.metcalfe@bia.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. Additional Program information can be found at: https://www.bia.gov/service/ grants/ttgp. SUPPLEMENTARY INFORMATION: This OIED announcement for the forthcoming FY 2024 NATIVE Act Tribal Tourism Cooperative Agreement Notice of Funding Opportunity (NOFO) is intended to give interested applicants time to prepare their applications prior to the opening of the application period. The OIED expects the official NOFO solicitation to run for approximately 90 days on Grants.gov, from June 30, 2023, SUMMARY: E:\FR\FM\14JNN1.SGM 14JNN1

Agencies

[Federal Register Volume 88, Number 114 (Wednesday, June 14, 2023)]
[Notices]
[Pages 38888-38889]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12718]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R4-ES-2023-0079; FXES11140400000EA-234-FF04EA1000]


Receipt of Incidental Take Permit Application and Proposed 
Habitat Conservation Plan for the Alabama Beach Mouse, Baldwin County, 
AL; Categorical Exclusion

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comment.

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

SUMMARY: We, the Fish and Wildlife Service (Service), announce receipt 
of an application from David Clampitt (applicant) for an incidental 
take permit (ITP) under the Endangered Species Act. The applicant 
requests the ITP to take the federally listed Alabama beach mouse 
(Peromyscus polionotus ammobates) incidental to construction in the 
City of Orange Beach, Baldwin County, Alabama. 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 July 14, 
2023.

ADDRESSES: 
    Obtaining Documents: You may obtain copies of the documents online 
in Docket No. FWS-R4-ES-2023-0079 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-2023-0079.
     U.S. Mail: Public Comments Processing, Attn: Docket No. 
FWS-R4-ES-2023-0079; U.S. Fish and Wildlife Service, MS: PRB/3W, 5275 
Leesburg Pike, Falls Church, VA 22041-3803.

FOR FURTHER INFORMATION CONTACT: Mr. William Lynn, Project Manager, by 
telephone at 251-441-5868 or via 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 David Clampitt (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 Alabama beach mouse (Peromyscus 
polionotus ammobates) (ABM) incidental to the construction of a single-
family home (project) in the City of Orange Beach, Baldwin County, 
Alabama. 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 30-year ITP to take ABM by destroying 
approximately 0.160 acre (ac) of occupied ABM foraging and sheltering 
habitat incidental to the construction of a single-family home located 
on a 1.67-ac parcel in Baldwin County, Alabama. The previous single-
family home that was located on the site was destroyed in 2004 by 
Hurricane Ivan.
    The applicant proposes 1.10 ac of on-site mitigation through the 
restoration (0.01 ac), enhancement (0.41 ac), and protection (0.68 ac) 
of ABM habitat. This proposed onsite mitigation would be protected and 
maintained in the event of landfalling tropical cyclones for the 
duration of the permit. In addition to the on[hyphen]site conservation 
measures, the applicant will purchase and dedicate to conservation a 
0.232-ac platted lot that contains existing ABM habitat. This 
off[hyphen]site mitigation area is near Federal lands and will remove 
the parcel from development pressure and future ITP processes. In 
total, the plan proposes restoring, enhancing, and protecting 1.332 ac 
of ABM habitat.
    The standard mitigation and minimization measures to be implemented 
on the site include installing sea turtle-friendly lighting and tinted 
windows, landscaping with native vegetation, enhancing the frontal dune 
area, constructing a concrete

[[Page 38889]]

driveway that will not disperse in a storm surge, implementing refuse-
control measures during construction and requiring that future 
residents utilize such measures, and restoring ABM habitat after 
tropical storms. Free-roaming cats and the use of exterior rodenticide 
would be prohibited within the parcel.

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, infrastructure building, 
landscaping, and the proposed mitigation and minimization measures, 
would individually and cumulatively have a minor effect on the Alabama 
beach mouse 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 Alabama beach mouse 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 nonsignificant 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 received 
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 on the species. We will 
consider the above in determining whether the permit issuance criteria 
of section 10(a)(l)(B) of the ESA have been met. If met, the Service 
will issue ITP number PER0284585 to David Clampitt.

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).

William J. Pearson,
Field Supervisor, Alabama Ecological Service Field Office.
[FR Doc. 2023-12718 Filed 6-13-23; 8:45 am]
BILLING CODE 4333-15-P

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