Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for the Eastern Indigo Snake; Decatur County, GA; Categorical Exclusion, 84186-84188 [2024-24261]

Download as PDF 84186 Federal Register / Vol. 89, No. 203 / Monday, October 21, 2024 / Notices Privacy Act and the Freedom of Information Act. Background The ESA prohibits certain activities with endangered and threatened species unless authorized by a Federal permit. The ESA and our implementing regulations in part 17 of title 50 of the Code of Federal Regulations (CFR) provide for the issuance of such permits and require that we invite public comment before issuing permits for activities involving endangered species. A recovery permit issued by us under section 10(a)(1)(A) of the ESA authorizes the permittee to conduct lotter on DSK11XQN23PROD with NOTICES1 Application Number Applicant ES809630 .............. Allen Kurta, Ypsilanti, MI. ESPER0009122 ..... Emily Grossman, O’Fallon, MO. ES64081B .............. Joseph Hoyt, Blacksburg, VI. activities with endangered species for scientific purposes that promote recovery or for enhancement of propagation or survival of the species. Our regulations implementing section 10(a)(1)(A) for these permits are found at 50 CFR 17.22 for endangered wildlife species, 50 CFR 17.32 for threatened wildlife species, 50 CFR 17.62 for endangered plant species, and 50 CFR 17.72 for threatened plant species. Permit Applications Available for Review and Comment The ESA requires that we invite public comment before issuing these Species Location Activity Type of take Add new species—tricolored bat (Perimyotis subflavus)—to existing authorized species: Indiana bat (Myotis sodalis) and northern long-eared bat (Myotis septentrionalis). Add new species— western fanshell (Cyprogenia aberti) and Ouachita fanshell (Cyprogenia sp. cf. aberti) to the list of 21 freshwater mussel species. Indiana bat (Myotis sodalis) and northern long-eared bat (M. septentrionalis). IL, IN, MI, OH ............ Conduct presence/absence surveys, document habitat use, conduct population monitoring, and evaluate impacts. Capture with mist nets or harp traps, identify, handle, collect non-intrusive measurements, band, radio tag, enter hibernacula, and release. Renew and amend. AR, IA, IL, IN, KS, KY, LA, MI, MN, MO, MS, NC, NE, NY, OH, OK, PA, SD, WI, WV. Conduct presence/absence surveys, document habitat use, conduct population monitoring, and evaluate impacts. Capture, dentify, handle, collect non-intrusive measurements, tag, and relocate in special circumstances. Amend. IL, MI, NY, WI ............ Conduct presence/absence surveys, document habitat use, conduct population monitoring, and evaluate impacts. Add harp trapping to mist netting, pit tagging, capture, handle, enter hibernacula, bio sample and release. Amend. Public Availability of Comments 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. we will publish a notice in the Federal Register. Authority 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 Service, Midwest Region. [FR Doc. 2024–24254 Filed 10–18–24; 8:45 am] BILLING CODE 4333–15–P 16:27 Oct 18, 2024 Jkt 265001 PO 00000 Permit action DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [Docket No. FWS–R4–ES–2024–0155; FXES11140400000–245–FF04EG1000] Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for the Eastern Indigo Snake; Decatur County, GA; 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 Tri-State II Solar Project, LLC (applicant) for an incidental take permit (ITP) under the Endangered Species Act. The applicant requests the ITP to take the federally listed threatened eastern indigo snake incidental to the construction and operation of a solar facility in Decatur SUMMARY: Next Steps If we decide to issue permits to any of the applicants listed in this notice, VerDate Sep<11>2014 permits. Accordingly, we invite local, State, Tribal, and Federal agencies and the public to submit written data, views, or arguments with respect to these applications. The comments and recommendations that will be most useful and likely to influence agency decisions are those supported by quantitative information or studies. Proposed activities in the following permit requests are for the recovery and enhancement of propagation or survival of the species in the wild. Frm 00078 Fmt 4703 Sfmt 4703 E:\FR\FM\21OCN1.SGM 21OCN1 lotter on DSK11XQN23PROD with NOTICES1 Federal Register / Vol. 89, No. 203 / Monday, October 21, 2024 / Notices 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 November 20, 2024. ADDRESSES: Obtaining Documents: The documents this notice announces, as well as any comments and other materials that we receive, will be available for public inspection online in Docket No. FWS– R4–ES–2024–0155 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–2024–0155. • U.S. mail: Public Comments Processing, Attn: Docket No. FWS–R4– ES–2024–0155; U.S. Fish and Wildlife Service, MS: PRB/3W; 5275 Leesburg Pike; Falls Church, VA 22041–3803. FOR FURTHER INFORMATION CONTACT: Michele Elmore, Georgia Ecological Services Field Office, by phone at 706– 613–9493 or via email at GAES_ assistance@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 II 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 VerDate Sep<11>2014 16:27 Oct 18, 2024 Jkt 265001 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 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 eastern indigo snakes and one nest via the conversion of approximately 600 acres (ac) of occupied nesting, foraging, and sheltering habitat incidental to the construction and operation of a solar facility on a 788-ac parcel. The parcel is approximately 3 miles northwest of the city of Bainbridge, Georgia, between Highways 27 and 84. 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 to mitigate for take of the eastern indigo snake by contributing $157,500.00 to the Wildlife Foundation of Florida’s Eastern Indigo Snake Conservation Fund. These funds will be used for the management or restoration of eastern indigo snake habitat, purchase of occupied habitat, purchase of development rights of occupied habitat, or a combination thereof, in Georgia. The Service would require the applicant to provide the contribution of the funds prior to engaging in any phase of the project. 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 PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 84187 would be a low-effect ITP that individually or cumulatively would have a minor effect on eastern indigo snakes 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 PER12687707 to Tri-State II Solar Project, LLC. 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. If you submit a comment at https:// www.regulations.gov, your entire comment, including any personal identifying information, will be posted on the website. If you submit a hardcopy comment that includes personal identifying information, such as your address, phone number, or email address, you may request at the top of your document that we withhold this information from public review. However, 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. Authority The Service provides this notice under section 10(c) of the Endangered Species Act (16 U.S.C. 1531 et seq.) and E:\FR\FM\21OCN1.SGM 21OCN1 84188 Federal Register / Vol. 89, No. 203 / Monday, October 21, 2024 / Notices 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. 2024–24261 Filed 10–18–24; 8:45 am] BILLING CODE 4333–15–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS–R1–ES–2024–N050; FXES11130100000–234–FF01E00000] Endangered Species; Receipt of Recovery Permit Application Fish and Wildlife Service, Interior. ACTION: Notice of receipt of permit application; request for comments. AGENCY: We, the U.S. Fish and Wildlife Service, have received an application for a permit to conduct activities intended to enhance the propagation and survival of endangered species under the Endangered Species Act. We invite the public and local, State, Tribal, and Federal agencies to comment on this application. Before issuing the requested permit, we will take into consideration any information that we receive during the public comment period. DATES: We must receive your written comments on or before November 20, 2024. ADDRESSES: Document availability and comment submission: Submit a request SUMMARY: Application No. Applicant, city, state ES003483–35 ........ U.S. Geological Survey, Pacific Island Ecosystems Research Center, Honolulu, HI. lotter on DSK11XQN23PROD with NOTICES1 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. All submissions 16:27 Oct 18, 2024 Jkt 265001 Background With some exceptions, the ESA prohibits activities that constitute take Species Public Availability of Comments VerDate Sep<11>2014 for a copy of the application and related documents and submit any comments by one of the following methods. All requests and comments should specify the applicant name and application number (e.g., Dana Ross, ES001705): • Email: permitsR1ES@fws.gov. • U.S. Mail: Paul Leonard, Acting Regional Program Manager, Restoration and Endangered Species Classification, Ecological Services, U.S. Fish and Wildlife Service, Pacific Regional Office, 911 NE 11th Avenue, Portland, OR 97232–4181. FOR FURTHER INFORMATION CONTACT: Karen Colson, Regional Recovery Permit Coordinator, Ecological Services, (503) 231–6283 (telephone); permitsR1ES@ fws.gov (email). 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 U.S. Fish and Wildlife Service, invite the public to comment on an application for a permit under section 10(a)(1)(A) of the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.). The requested permit would allow the applicant to conduct activities intended to promote recovery of a species listed as endangered under the ESA. of listed species unless a Federal permit is issued that allows such activity. The ESA’s definition of ‘‘take’’ includes such activities as pursuing, harassing, trapping, capturing, or collecting, in addition to hunting, shooting, harming, wounding, or killing. A recovery permit issued by us under section 10(a)(1)(A) of the ESA authorizes the permittee to conduct activities with endangered or threatened species for scientific purposes that promote recovery or for enhancement of propagation or survival of the species. These activities often include such prohibited actions as capture and collection. Our regulations implementing section 10(a)(1)(A) for these permits are found in the Code of Federal Regulations (CFR) at 50 CFR 17.22 for endangered wildlife species, 50 CFR 17.32 for threatened wildlife species, 50 CFR 17.62 for endangered plant species, and 50 CFR 17.72 for threatened plant species. Permit Application Available for Review and Comment Proposed activities in the following permit request are for the recovery and enhancement of propagation or survival of the species in the wild. The ESA requires that we invite public comment before issuing the requested permit. Accordingly, we invite local, State, Tribal, and Federal agencies and the public to submit written data, views, or arguments with respect to this application. The comments and recommendations that will be most useful and likely to influence agency decisions are those supported by quantitative information or studies. Location Pacific sheath-tailed bat (Emballonura semicaudata rotensis). Hawaii ................... 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. Take activity Harass by videographic and acoustic monitoring and collection of cave information. Permit action Amend. 1973, as amended (16 U.S.C. 1531 et seq.). Paul B. Leonard, Acting Regional Program Manager for Restoration and Endangered Species Classification, Pacific Region. Next Steps [FR Doc. 2024–24260 Filed 10–18–24; 8:45 am] If we decide to issue a permit to the applicant listed in this notice, we will publish a notice in the Federal Register. BILLING CODE 4333–15–P Authority We publish this notice under section 10(c) of the Endangered Species Act of PO 00000 Frm 00080 Fmt 4703 Sfmt 9990 E:\FR\FM\21OCN1.SGM 21OCN1

Agencies

[Federal Register Volume 89, Number 203 (Monday, October 21, 2024)]
[Notices]
[Pages 84186-84188]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-24261]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[Docket No. FWS-R4-ES-2024-0155; FXES11140400000-245-FF04EG1000]


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 and information.

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

SUMMARY: We, the Fish and Wildlife Service (Service), announce receipt 
of an application from Tri-State II Solar Project, LLC (applicant) for 
an incidental take permit (ITP) under the Endangered Species Act. The 
applicant requests the ITP to take the federally listed threatened 
eastern indigo snake incidental to the construction and operation of a 
solar facility in Decatur

[[Page 84187]]

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 November 20, 
2024.

ADDRESSES: 
    Obtaining Documents: The documents this notice announces, as well 
as any comments and other materials that we receive, will be available 
for public inspection online in Docket No. FWS-R4-ES-2024-0155 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-2024-0155.
     U.S. mail: Public Comments Processing, Attn: Docket No. 
FWS-R4-ES-2024-0155; U.S. Fish and Wildlife Service, MS: PRB/3W; 5275 
Leesburg Pike; Falls Church, VA 22041-3803.

FOR FURTHER INFORMATION CONTACT: Michele Elmore, Georgia Ecological 
Services Field Office, by phone at 706-613-9493 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 Tri-State II 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 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 eastern indigo 
snakes and one nest via the conversion of approximately 600 acres (ac) 
of occupied nesting, foraging, and sheltering habitat incidental to the 
construction and operation of a solar facility on a 788-ac parcel. The 
parcel is approximately 3 miles northwest of the city of Bainbridge, 
Georgia, between Highways 27 and 84. 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 to mitigate for take of the eastern indigo snake by 
contributing $157,500.00 to the Wildlife Foundation of Florida's 
Eastern Indigo Snake Conservation Fund. These funds will be used for 
the management or restoration of eastern indigo snake habitat, purchase 
of occupied habitat, purchase of development rights of occupied 
habitat, or a combination thereof, in Georgia. The Service would 
require the applicant to provide the contribution of the funds prior to 
engaging in any phase of the project.

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 eastern indigo snakes 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 PER12687707 to Tri-State II Solar Project, LLC.

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. If you submit a comment at https://www.regulations.gov, your entire comment, including any personal 
identifying information, will be posted on the website. If you submit a 
hardcopy comment that includes personal identifying information, such 
as your address, phone number, or email address, you may request at the 
top of your document that we withhold this information from public 
review. However, 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.

Authority

    The Service provides this notice under section 10(c) of the 
Endangered Species Act (16 U.S.C. 1531 et seq.) and

[[Page 84188]]

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. 2024-24261 Filed 10-18-24; 8:45 am]
BILLING CODE 4333-15-P


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