Notice of Lodging of Proposed Consent Decree Under the Clean Water Act, 41983 [2023-13779]
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Federal Register / Vol. 88, No. 123 / Wednesday, June 28, 2023 / Notices
Malabar PO, LLC and Stellar
Communities, LLC plan to mitigate for
unavoidable periodic failure of one
Audubon’s crested caracara nest and
impaired foraging in the project
footprint with a contribution of
$12,555.00 (based on 27.9 ac of
proposed impact at a cost of $450 per
ac) to the Fish and Wildlife Foundation
of Florida’s caracara conservation fund.
This sum will be allocated to restore
abandoned citrus groves to habitat
suitable for caracara nesting and
foraging. The area of abandoned citrus
grove restored to suitable caracara
habitat will be equal to the area of
existing suitable habitat that will be
impacted by the proposed action. The
contribution to the fund must be
completed prior to construction. Upon
contribution of the $12,555.00, a letter
will be secured from the Foundation by
the Service confirming that the full
amount of mitigation has been
contributed.
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 applicants’
proposed project, including the
additional construction activities,
operation, maintenance, vegetative
management, and public use, would
individually and cumulatively have a
minor effect on Audubon’s crested
caracara 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
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
VerDate Sep<11>2014
18:48 Jun 27, 2023
Jkt 259001
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
PER2261354 to Malabar PO, LLC and
Stellar Communities, 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 Office.
[FR Doc. 2023–13781 Filed 6–27–23; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed
Consent Decree Under the Clean Water
Act
On June 22, 2023, the Department of
Justice lodged a proposed consent
decree with the United States District
Court for the Northern District of West
Virginia in the lawsuit entitled United
States and West Virginia v. Messer LLC,
Civil Action No. 5:23–cv–0023–JPB.
The United States and State of West
Virginia filed this lawsuit under the
Clean Water Act. The complaint seeks
injunctive relief and civil penalties
against Defendant Messer LLC for
National Pollutant Discharge
Elimination System permit numeric
effluent limit violations with respect to
wastewater discharges from Messer’s
industrial gas manufacturing plant in
New Cumberland, West Virginia. The
consent decree requires the defendant to
perform injunctive relief, including, but
not limited to, the operation of a newly
installed copper treatment system by
certain deadlines, the implementation of
a tiered effluent limit response plan, as
well as revision and routine
performance of stormwater best
management practice measures. The
consent decree also requires the
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41983
defendant to pay a $1.9 million civil
penalty.
The publication of this notice opens
a period for public comment on the
consent decree. Comments should be
addressed to the Assistant Attorney
General, Environment and Natural
Resources Division, and should refer to
United States and West Virginia v.
Messer LLC, D.J. Ref. No. 90–5–1–1–
12590. All comments must be submitted
no later than thirty (30) days after the
publication date of this notice.
Comments may be submitted either by
email or by mail:
To submit
comments:
Send them to:
By email .......
pubcomment-ees.enrd@
usdoj.gov.
Assistant Attorney General,
U.S. DOJ—ENRD, P.O.
Box 7611, Washington, DC
20044–7611.
By mail .........
During the public comment period,
the consent decree may be examined
and downloaded at this Justice
Department website: https://
www.justice.gov/enrd/consent-decrees.
We will provide a paper copy of the
consent decree upon written request
and payment of reproduction costs.
Please mail your request and payment
to: Consent Decree Library, U.S. DOJ—
ENRD, P.O. Box 7611, Washington, DC
20044–7611.
Please enclose a check or money order
for $13.25 (25 cents per page
reproduction cost) payable to the United
States Treasury.
Jeffrey Sands,
Assistant Section Chief, Environmental
Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 2023–13779 Filed 6–27–23; 8:45 am]
BILLING CODE P
DEPARTMENT OF JUSTICE
[OMB Number 1140–0040]
Agency Information Collection
Activities; Proposed eCollection
eComments Requested; Application
for Amended Federal Firearms
License—ATF Form 5300.38
Bureau of Alcohol, Tobacco,
Firearms and Explosives, Department of
Justice.
ACTION: 30-Day notice.
AGENCY:
The Department of Justice
(DOJ), Bureau of Alcohol, Tobacco,
Firearms and Explosives (ATF), will be
submitting the following information
collection request to the Office of
SUMMARY:
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[Federal Register Volume 88, Number 123 (Wednesday, June 28, 2023)]
[Notices]
[Page 41983]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13779]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the Clean
Water Act
On June 22, 2023, the Department of Justice lodged a proposed
consent decree with the United States District Court for the Northern
District of West Virginia in the lawsuit entitled United States and
West Virginia v. Messer LLC, Civil Action No. 5:23-cv-0023-JPB.
The United States and State of West Virginia filed this lawsuit
under the Clean Water Act. The complaint seeks injunctive relief and
civil penalties against Defendant Messer LLC for National Pollutant
Discharge Elimination System permit numeric effluent limit violations
with respect to wastewater discharges from Messer's industrial gas
manufacturing plant in New Cumberland, West Virginia. The consent
decree requires the defendant to perform injunctive relief, including,
but not limited to, the operation of a newly installed copper treatment
system by certain deadlines, the implementation of a tiered effluent
limit response plan, as well as revision and routine performance of
stormwater best management practice measures. The consent decree also
requires the defendant to pay a $1.9 million civil penalty.
The publication of this notice opens a period for public comment on
the consent decree. Comments should be addressed to the Assistant
Attorney General, Environment and Natural Resources Division, and
should refer to United States and West Virginia v. Messer LLC, D.J.
Ref. No. 90-5-1-1-12590. All comments must be submitted no later than
thirty (30) days after the publication date of this notice. Comments
may be submitted either by email or by mail:
------------------------------------------------------------------------
To submit comments: Send them to:
------------------------------------------------------------------------
By email............................ [email protected].
By mail............................. Assistant Attorney General, U.S.
DOJ--ENRD, P.O. Box 7611,
Washington, DC 20044-7611.
------------------------------------------------------------------------
During the public comment period, the consent decree may be
examined and downloaded at this Justice Department website: https://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of
the consent decree upon written request and payment of reproduction
costs. Please mail your request and payment to: Consent Decree Library,
U.S. DOJ--ENRD, P.O. Box 7611, Washington, DC 20044-7611.
Please enclose a check or money order for $13.25 (25 cents per page
reproduction cost) payable to the United States Treasury.
Jeffrey Sands,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2023-13779 Filed 6-27-23; 8:45 am]
BILLING CODE P
