Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for the Scrub-Jay; Marion County, FL; Categorical Exclusion, 41981-41982 [2023-13780]

Download as PDF Federal Register / Vol. 88, No. 123 / Wednesday, June 28, 2023 / Notices to monitor the grant program including accomplishments, progress meeting goals, progress of the sub-awardee organization (if applicable), identify challenges in meeting goals, staff and/or organizational development activities, student assessment and progress, and promising practices. (5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: The estimated total number of respondents for the information collection G–1482 is 325 and the estimated hour burden per response is 42 hours. The estimated total number of respondents for the information collection Grant Post-Award Evaluation is 150 with 9 responses per respondent and the estimated hour burden per response is 28 hours. (6) An estimate of the total public burden (in hours) associated with the collection: The total estimated annual hour burden associated with this collection is 51,450 hours. (7) An estimate of the total public burden (in cost) associated with the collection: The estimated total annual cost burden associated with this collection of information is $22,750. Dated: June 23, 2023. Samantha L Deshommes, Chief, Regulatory Coordination Division, Office of Policy and Strategy, U.S. Citizenship and Immigration Services, Department of Homeland Security. [FR Doc. 2023–13721 Filed 6–27–23; 8:45 am] BILLING CODE 9111–97–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [Docket No. FWS–R4–ES–2023–0070; FXES11140400000–234–FF04EF4000] Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for the Scrub-Jay; Marion 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 Richard McGinley and Marion County, Florida (Florida Crossroads Commerce Park) (applicants) for an incidental take permit (ITP) under the Endangered Species Act. The applicants request the ITP to take the federally listed Florida scrub-jay (Aphelocoma coerulescens) incidental ddrumheller on DSK120RN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 18:48 Jun 27, 2023 Jkt 259001 to the construction of a warehouse, loading docks, parking lots, and associated stormwater systems within an existing industrial park, and incidental to Marion County’s expansion of SW 49th Avenue in Marion County, Florida. We request public comment on the application, which includes the applicants’ 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 28, 2023. ADDRESSES: Obtaining Documents: You may obtain copies of the documents online in Docket No. FWS–R4–ES– 2023–0070 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–2023–0070. • U.S. mail: Public Comments Processing, Attn: Docket No. FWS–R4– ES–2023–0070; U.S. Fish and Wildlife Service, MS: PRB/3W; 5275 Leesburg Pike; Falls Church, VA 22041–3803. FOR FURTHER INFORMATION CONTACT: Erin Gawera, by U.S. mail (see ADDRESSES), by telephone at 904–731–3121, or via email at erin_gawera@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 Richard McGinley and Marion County, Florida (Florida Crossroads Commerce Park) (applicants), for an incidental take permit (ITP) under the Endangered Species Act of 1973, as amended (ESA; PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 41981 16 U.S.C. 1531 et seq.). The applicants request the ITP to take the federally listed Florida scrub-jay (Aphelocoma coerulescens) (scrub-jay) incidental to the construction and operation of a warehouse, loading docks, parking lots, and the associated stormwater systems, within an existing industrial park, and to Marion County’s expansion of SW 49th Avenue in Marion County, Florida. We request public comment on the application, which includes the applicants’ 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 applicants request a 20-year ITP to take scrub-jays via the conversion of approximately 67.20 acres (ac) of occupied nesting, foraging, and sheltering scrub-jay habitat incidental to the construction and operation of a warehouse, loading docks, parking lots, and the associated stormwater systems, within an existing industrial park, and to Marion County’s expansion of SW 49th Avenue on 131.9 ac on parcel numbers 41205–001002, 41205–001–03, 41205–001–04, 41205–001 in Section 16, Township 17 South, Range 21 East, Marion County, Florida. The applicants propose to mitigate for take of the scrubjay by purchasing credits equivalent to 134.40 ac of scrub-jay occupied habitat within the Tippen Bay Conservation Bank or another Service-approved conservation bank. The Service would require the applicants to purchase the credits prior to engaging in any construction 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. E:\FR\FM\28JNN1.SGM 28JNN1 41982 Federal Register / Vol. 88, No. 123 / Wednesday, June 28, 2023 / Notices Our Preliminary Determination DEPARTMENT OF THE INTERIOR The Service has made a preliminary determination that the applicants’ proposed project—including the construction of a warehouse, loading docks, parking lots, and Marion County’s expansion of SW 49th Avenue, and the associated stormwater systems and associated infrastructure (e.g., electric, water, and sewer lines)—would individually and cumulatively have a minor effect on the scrub-jay 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 scrub-jay 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. Fish and Wildlife Service 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 PER1971641 to Richard McGinley and Marion County (Florida Crossroads Commerce Park). ddrumheller on DSK120RN23PROD with NOTICES1 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. 2023–13780 Filed 6–27–23; 8:45 am] BILLING CODE 4333–15–P VerDate Sep<11>2014 18:48 Jun 27, 2023 Jkt 259001 [Docket No. FWS–R4–ES–2023–0066; FXES11140400000–234–FF04EF4000] Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for the Audubon’s Crested Caracara, Brevard County, FL; Categorical Exclusion 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 Malabar PO, LLC and Stellar Communities, LLC (applicants) for an incidental take permit (ITP) under the Endangered Species Act. The applicants request the ITP to take the federally listed Audubon’s crested caracara (Polyborus plancus audubonii) incidental to the construction, operation, maintenance, vegetative management, and occupancy of a residential development in Brevard County, Florida. We request public comment on the application, which includes the applicants’ 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 28, 2023. ADDRESSES: Obtaining Documents: You may obtain copies of the documents online in Docket No. FWS–R4–ES– 2023–0066 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–2023–0066. • U.S. mail: Public Comments Processing; Attn: Docket No. FWS–R4– ES–2023–0066; U.S. Fish and Wildlife SUMMARY: PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 Service, MS: PRB/3W; 5275 Leesburg Pike; Falls Church, VA 22041–3803. FOR FURTHER INFORMATION CONTACT: Kenneth McDonald, by U.S. mail (see ADDRESSES), via phone at 772–562– 3909, or by email at kenneth_ mcdonald@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, announce receipt of an application from Malabar PO, LLC and Stellar Communities, LLC (applicants) for an incidental take permit (ITP) under the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.). The applicants request the ITP to take the federally listed Audubon’s crested caracara (Polyborus plancus audubonii) incidental to the construction, operation, maintenance, vegetative management, and occupancy of 266 residential units, clubhouse, maintenance facility, roads and parking spaces, green spaces, and other amenities on a 27.9-acre site in Brevard County, Florida. We request public comment on the application, which includes the applicants’ 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 applicants request a 5-year ITP to take Audubon’s crested caracara via the impaired reproduction and survival of one Audubon’s crested caracara nest and their young annually. Records of Audubon’s crested caracara, both adult and juvenile, are ubiquitous within a 4921-foot (1,500-meter) radius of the project site. The site contains habitat suitable for Audubon’s crested caracara foraging, and it is assumed to be part of an existing nesting territory. E:\FR\FM\28JNN1.SGM 28JNN1

Agencies

[Federal Register Volume 88, Number 123 (Wednesday, June 28, 2023)]
[Notices]
[Pages 41981-41982]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13780]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[Docket No. FWS-R4-ES-2023-0070; FXES11140400000-234-FF04EF4000]


Receipt of Incidental Take Permit Application and Proposed 
Habitat Conservation Plan for the Scrub-Jay; Marion County, FL; 
Categorical Exclusion

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comments and information.

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

SUMMARY: We, the Fish and Wildlife Service (Service), announce receipt 
of an application from Richard McGinley and Marion County, Florida 
(Florida Crossroads Commerce Park) (applicants) for an incidental take 
permit (ITP) under the Endangered Species Act. The applicants request 
the ITP to take the federally listed Florida scrub-jay (Aphelocoma 
coerulescens) incidental to the construction of a warehouse, loading 
docks, parking lots, and associated stormwater systems within an 
existing industrial park, and incidental to Marion County's expansion 
of SW 49th Avenue in Marion County, Florida. We request public comment 
on the application, which includes the applicants' 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 28, 
2023.

ADDRESSES: Obtaining Documents: You may obtain copies of the documents 
online in Docket No. FWS-R4-ES-2023-0070 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-2023-0070.
     U.S. mail: Public Comments Processing, Attn: Docket No. 
FWS-R4-ES-2023-0070; U.S. Fish and Wildlife Service, MS: PRB/3W; 5275 
Leesburg Pike; Falls Church, VA 22041-3803.

FOR FURTHER INFORMATION CONTACT: Erin Gawera, by U.S. mail (see 
ADDRESSES), by telephone at 904-731-3121, 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 Richard McGinley and Marion 
County, Florida (Florida Crossroads Commerce Park) (applicants), for an 
incidental take permit (ITP) under the Endangered Species Act of 1973, 
as amended (ESA; 16 U.S.C. 1531 et seq.). The applicants request the 
ITP to take the federally listed Florida scrub-jay (Aphelocoma 
coerulescens) (scrub-jay) incidental to the construction and operation 
of a warehouse, loading docks, parking lots, and the associated 
stormwater systems, within an existing industrial park, and to Marion 
County's expansion of SW 49th Avenue in Marion County, Florida. We 
request public comment on the application, which includes the 
applicants' 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 applicants request a 20-year ITP to take scrub-jays via the 
conversion of approximately 67.20 acres (ac) of occupied nesting, 
foraging, and sheltering scrub-jay habitat incidental to the 
construction and operation of a warehouse, loading docks, parking lots, 
and the associated stormwater systems, within an existing industrial 
park, and to Marion County's expansion of SW 49th Avenue on 131.9 ac on 
parcel numbers 41205-001002, 41205-001-03, 41205-001-04, 41205-001 in 
Section 16, Township 17 South, Range 21 East, Marion County, Florida. 
The applicants propose to mitigate for take of the scrub-jay by 
purchasing credits equivalent to 134.40 ac of scrub-jay occupied 
habitat within the Tippen Bay Conservation Bank or another Service-
approved conservation bank. The Service would require the applicants to 
purchase the credits prior to engaging in any construction 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.

[[Page 41982]]

Our Preliminary Determination

    The Service has made a preliminary determination that the 
applicants' proposed project--including the construction of a 
warehouse, loading docks, parking lots, and Marion County's expansion 
of SW 49th Avenue, and the associated stormwater systems and associated 
infrastructure (e.g., electric, water, and sewer lines)--would 
individually and cumulatively have a minor effect on the scrub-jay 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 
scrub-jay 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 PER1971641 to Richard McGinley 
and Marion County (Florida Crossroads Commerce Park).

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. 2023-13780 Filed 6-27-23; 8:45 am]
BILLING CODE 4333-15-P

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