Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for the Florida Scrub-Jay; Brevard County, FL; Categorical Exclusion, 53515-53516 [2023-16913]

Download as PDF Federal Register / Vol. 88, No. 151 / Tuesday, August 8, 2023 / Notices of skink-occupied habitat within the Lake Wales Ridge 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. Our Preliminary Determination The Service has made a preliminary determination that the applicants’ proposed project, including the construction of commercial and residential buildings and associated infrastructure (e.g., electric, water, and sewer lines), would individually and cumulatively have a minor effect on the sand skink 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 sand skink 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. ddrumheller on DSK120RN23PROD with NOTICES1 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 PER0549463 to the applicants. VerDate Sep<11>2014 20:00 Aug 07, 2023 Jkt 259001 Authority Robert L. Carey, Division Manager, Environmental Review, Florida Ecological Services Office. [FR Doc. 2023–16936 Filed 8–7–23; 8:45 am] BILLING CODE 4333–15–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [Docket No. FWS–R4–ES–2023–0149; FXES11140400000–234–FF04EF4000] Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for the Florida Scrub-Jay; Brevard County, FL; Categorical Exclusion Fish and Wildlife Service, Interior. ACTION: Notice of availability; request for comment. AGENCY: We, the Fish and Wildlife Service (Service), announce receipt of an application from CenterPoint Integrated Solutions, LLC (applicant) for an incidental take permit (ITP) under the Endangered Species Act. The applicant requests the ITP to take the federally threatened Florida scrub-jay (Aphelocoma coerulescens) incidental to the construction and operation of a commercial development in Brevard 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 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 September 7, 2023. SUMMARY: Frm 00065 Obtaining Documents: You may obtain copies of the documents online in Docket No. FWS–R4–ES– 2023–0149, 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–2023–0149; or • U.S. mail: Public Comments Processing; Attn: Docket No. FWS–R4– ES–2023–0149; U.S. Fish and Wildlife Service; MS: PRB/3W; 5275 Leesburg Pike; Falls Church, VA 22041–3803. FOR FURTHER INFORMATION CONTACT: Alfredo Begazo, by telephone at 772– 469–4234, or via email at alfredo_ begazo@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 CenterPoint Integrated Solutions, 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 Florida scrub-jay (Aphelocoma coerulescens; scrub-jay) incidental to the construction and operation of a commercial development in Brevard County, Florida. 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. ADDRESSES: 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). PO 00000 53515 Fmt 4703 Sfmt 4703 Proposed Project The applicant requests a 5-year ITP to take scrub-jays via the conversion of E:\FR\FM\08AUN1.SGM 08AUN1 53516 Federal Register / Vol. 88, No. 151 / Tuesday, August 8, 2023 / Notices approximately 3.4 acre (ac) of occupied nesting, foraging, and sheltering scrubjay habitat incidental to the construction of a commercial development on a 11.87-ac parcel in Section 20, Township 28 South, Range 37 East, Brevard County, Florida. The applicant proposes to mitigate for take of the scrub-jays by purchasing credits equivalent to 6.8 ac of scrub-jay-occupied habitat from a Service-approved conservation bank. The Service would require the applicant 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. ddrumheller on DSK120RN23PROD with NOTICES1 Our Preliminary Determination The Service has made a preliminary determination that the applicant’s proposed project, including the construction of a commercial building, driveway, parking space, green areas, stormwater pond, 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 ITP 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 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 VerDate Sep<11>2014 20:00 Aug 07, 2023 Jkt 259001 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 PER2768044 to CenterPoint Integrated Solutions, 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, Division Manager, Environmental Review, Florida Ecological Services Office. [FR Doc. 2023–16913 Filed 8–7–23; 8:45 am] BILLING CODE 4333–15–P This withdrawal and reservation places these lands under the management of the Department of the Interior, U.S. Fish and Wildlife Service, pursuant to the National Wildlife Refuge System Administration Act (NWRSAA) at 16 U.S.C. 668dd, as part of Bill Williams River NWR. These lands were previously withdrawn and reserved as part of the refuge for a 40-year term under Public Land Order No. 6044, which expired on October 7, 2021. Under the NWRSAA at 16 U.S.C. 668dd(a)(6), once land is reserved for management as part of the Refuge System, they remain part of the System until otherwise specified by Act of Congress. This Order reflects the reservation and withdraws the land from the laws specified to protect the land from uses incompatible with Refuge purposes. SUPPLEMENTARY INFORMATION: DEPARTMENT OF THE INTERIOR Order Bureau of Land Management By virtue of the authority vested in the Secretary of the Interior by Section 204 of the Federal Land Policy and Management Act of 1976, 43 U.S.C. 1714, it is ordered as follows: 1. Subject to valid existing rights, the following described Federal surface/ subsurface public lands are hereby withdrawn from all forms of appropriation under the public land laws, including location and entry under the United States mining laws, but not from leasing under the mineral and geothermal leasing laws, and reserved for wildlife refuge purposes as part of the Bill Williams River NWR; [BLM_AZ_FRN_MO#4500169746 AZA– 38417] Public Land Order No. 7927; Withdrawal, Arizona Bureau of Land Management, Interior. ACTION: Public land order. AGENCY: This Order withdraws 1,464 acres of Federal surface/subsurface public lands from appropriation under the public land laws, including location and entry under the United States mining laws, but not from leasing under the mineral and geothermal leasing laws, and 1,134 acres of Federal surface public lands from appropriation under the public land laws, and reserves the land for 100 years for management as part of the Bill Williams River National Wildlife Refuge (NWR) located in La Paz and Mohave Counties, Arizona, subject to valid existing rights. DATES: This Public Land Order takes effect on August 8, 2023. FOR FURTHER INFORMATION CONTACT: Michael Ouellett, Realty Specialist, BLM Arizona State Office, 1 North Central Avenue, Suite 800, Phoenix, AZ 85004, telephone: (602) 417–9561, email at mouellett@blm.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. SUMMARY: PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 Gila and Salt River Meridian, Arizona (Surface and Subsurface Estate Land) T. 11 N., R. 17 W., Sec. 20, E1⁄2, E1⁄2NW1⁄4, NE1⁄4SW1⁄4, S1⁄2SW1⁄4; Sec. 25, S1⁄2SE1⁄4; Sec. 26, SE1⁄4SW1⁄4, S1⁄2SE1⁄4; Sec. 28, N1⁄2, N1⁄2SW1⁄4, SE1⁄4SW1⁄4, SE1⁄4SE1⁄4; Sec. 34, N1⁄2NE1⁄4, SE1⁄4NE1⁄4, N1⁄2NW1⁄4; Sec. 36, N1⁄2SE1⁄4NE1⁄4. T. 11 N., R. 18 W., Sec. 12, SW1⁄4SW1⁄4 that portion lying northerly of the Havasu Lake National Wildlife Refuge boundary, as described in Executive Order 8647 of January 22, 1941, and southwesterly of the southwesterly right-of-way line of State Highway 95; sec. 24, NE1⁄4NE1⁄4. The areas described aggregate 1,464 acres. 2. Subject to valid existing rights, the following described Federal surface public lands are hereby withdrawn from all forms of appropriation under the public land laws and reserved for wildlife refuge purposes as part of the Bill Williams River NWR; E:\FR\FM\08AUN1.SGM 08AUN1

Agencies

[Federal Register Volume 88, Number 151 (Tuesday, August 8, 2023)]
[Notices]
[Pages 53515-53516]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16913]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[Docket No. FWS-R4-ES-2023-0149; FXES11140400000-234-FF04EF4000]


Receipt of Incidental Take Permit Application and Proposed 
Habitat Conservation Plan for the Florida Scrub-Jay; Brevard County, 
FL; 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 CenterPoint Integrated Solutions, LLC 
(applicant) for an incidental take permit (ITP) under the Endangered 
Species Act. The applicant requests the ITP to take the federally 
threatened Florida scrub-jay (Aphelocoma coerulescens) incidental to 
the construction and operation of a commercial development in Brevard 
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 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 September 7, 
2023.

ADDRESSES: Obtaining Documents: You may obtain copies of the documents 
online in Docket No. FWS-R4-ES-2023-0149, 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-2023-0149; 
or
     U.S. mail: Public Comments Processing; Attn: Docket No. 
FWS-R4-ES-2023-0149; U.S. Fish and Wildlife Service; MS: PRB/3W; 5275 
Leesburg Pike; Falls Church, VA 22041-3803.

FOR FURTHER INFORMATION CONTACT: Alfredo Begazo, by telephone at 772-
469-4234, 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 CenterPoint Integrated 
Solutions, 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 
Florida scrub-jay (Aphelocoma coerulescens; scrub-jay) incidental to 
the construction and operation of a commercial development in Brevard 
County, Florida. 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 5-year ITP to take scrub-jays via the 
conversion of

[[Page 53516]]

approximately 3.4 acre (ac) of occupied nesting, foraging, and 
sheltering scrub-jay habitat incidental to the construction of a 
commercial development on a 11.87-ac parcel in Section 20, Township 28 
South, Range 37 East, Brevard County, Florida. The applicant proposes 
to mitigate for take of the scrub-jays by purchasing credits equivalent 
to 6.8 ac of scrub-jay-occupied habitat from a Service-approved 
conservation bank. The Service would require the applicant 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.

Our Preliminary Determination

    The Service has made a preliminary determination that the 
applicant's proposed project, including the construction of a 
commercial building, driveway, parking space, green areas, stormwater 
pond, 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 ITP 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 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 PER2768044 to CenterPoint Integrated Solutions, 
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,
Division Manager, Environmental Review, Florida Ecological Services 
Office.
[FR Doc. 2023-16913 Filed 8-7-23; 8:45 am]
BILLING CODE 4333-15-P

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