[Federal Register Volume 81, Number 73 (Friday, April 15, 2016)]
[Notices]
[Pages 22298-22299]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-08727]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R4-ES-2016-N063; FXES1112040000-167-FF04EF2000]
Endangered and Threatened Wildlife and Plants; Receipt of
Application for Incidental Take Permit; Availability of Proposed Low-
Effect Habitat Conservation Plan and Associated Documents; Indian River
County, FL
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for comment/information.
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SUMMARY: We, the Fish and Wildlife Service (Service), announce the
availability of an incidental take permit (ITP) application and a
Habitat Conservation Plan (HCP). Remington Stewart, LLP (applicant),
requests an ITP under the Endangered Species Act of 1973, as amended
(Act). The applicant's HCP describes the minimization and mitigation
measures proposed to address the effects of the project on the Florida
scrub-jay. We invite written comments on the ITP application and HCP.
DATES: Written comments on the ITP application and HCP should be sent
to the South Florida Ecological Services Office (see ADDRESSES) and
should be received on or before May 16, 2016.
ADDRESSES: See the SUPPLEMENTARY INFORMATION section for information on
how to submit your comments on the ITP application and HCP. You may
obtain a copy of the ITP application and HCP by writing the South
Florida Ecological Services Office, Attn: Permit number TE90853B-0,
U.S. Fish and Wildlife Service, 1339 20th Street, Vero Beach, FL 32960-
3559. In addition, we will make the ITP application and HCP available
for public inspection by appointment during normal business hours at
the above address.
FOR FURTHER INFORMATION CONTACT: Mr. Ted Martin, Wildlife Biologist,
South Florida Ecological Services Office, Vero Beach, FL (see
ADDRESSES); telephone: 772-562-3909, extension 232.
SUPPLEMENTARY INFORMATION: We announce the availability of an ITP
application and HCP. Remington Stewart, LLP (applicant), requests an
ITP under the Act. The applicant proposes to construct two commercial
buildings with associated infrastructure (project) at the southwest
corner of US-1 and Jackson Street in Sebastian, Florida, and more
specifically at: Latitude 27[deg]49'38.44'' N. and longitude -
80[deg]28'40.12'' W.
Site preparation and construction will result in the permanent
alteration of 2.21 acres of suitable Florida scrub-jay (Aphelocoma
coerulescens) (scrub-jay) foraging and caching habitat that is within
an occupied scrub-jay territory. The applicant's HCP describes the
minimization and mitigation measures proposed to address the effects of
the project on the scrub jay.
Applicant's Proposed Project
We received an application from the applicant for an ITP, along
with a proposed HCP. The applicant requests a 10-year permit under
section 10(a)(1)(B) of the Act (16 U.S.C. 1531 et seq.). The applicant
proposes to construct two commercial buildings with associated
infrastructure (project).
Site preparation and construction will result in the permanent
alteration of 2.21 acres of suitable Florida scrub-jay (Aphelocoma
coerulescens) (scrub-jay) foraging and caching habitat that is within
an occupied scrub-jay territory.
The applicant proposes the contribution of $126,676.56 to The
Nature Conservancy (TNC) to satisfy mitigation requirements. A receipt
from TNC will be provided to the Service.
Our Preliminary Determination
The Service has made a preliminary determination that the
applicant's project, including the mitigation measures, will
individually and cumulatively have a minor or negligible effect on the
species covered in the HCP. Therefore, our proposed issuance of the
requested incidental take permit qualifies as a categorical exclusion
under the National Environmental Policy Act, as provided by Department
of the Interior implementing regulations in part 46 of title 43 of the
Code of Federal Regulations (43 CFR 46.205, 46.210, and 46.215). We
base our determination that issuance of the ITP qualifies as a low-
effect action on the following three criteria: (1) Implementation of
the project would result in minor or negligible effects on federally
listed, proposed, and candidate species and their habitats; (2)
Implementation of the project would result in minor or negligible
effects on other environmental values or resources; and (3) Impacts of
the project, considered together with the impacts of other past,
present, and reasonably foreseeable similarly situated projects, would
not result, over time, in cumulative effects to environmental values or
resources that would be considered significant. The applicants'
proposed project qualifies as a ``low-effect'' project, as more fully
explained in our environmental action statement and associated Low
Effect Screening Form. This preliminary determination may be revised
based on our review of public comments that we receive in response to
this notice.
Public Comment
If you wish to comment on the ITP application and HCP, you may
submit comments by any one of the following methods:
Email: [email protected]. Use ``Attn: Permit number TE90853B-0'' as
your message subject line.
Fax: Ted Martin, (772) 562-4288, Attn: Permit number TE90853B-0.
U.S. mail: Ted Martin, Wildlife Biologist, South Florida Ecological
Services Field Office, Attn: Permit number TE90853B-0, U.S. Fish and
Wildlife Service, 1339 20th Street, Vero Beach, FL 32960-3559.
In-person drop-off: You may drop off information during regular
business hours at the above office address.
Before including your address, phone number, email address, or
other personal identifying information in your comments, you should be
aware that your entire comment--including your personal identifying
information--may be made publicly available at any time. While you can
ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.
Next Steps
The Service will evaluate the HCP and comments submitted thereon to
determine whether the application meet the requirements of section
10(a) of the Act. The Service will also evaluate whether issuance of
the section 10(a)(1)(B) ITP complies with section 7 of the Act by
conducting an intra-Service section 7 consultation. The results of this
consultation, in combination with the above findings, will be used in
the final analysis to determine whether or not to issue the ITP. If it
is determined that the requirements of the Act are met, the ITP will be
issued.
Authority
We provide this notice under Section 10 of the Endangered Species
Act (16 U.S.C. 1531 et seq.) and NEPA regulations (40 CFR 1506.6).
[[Page 22299]]
Dated: April 7, 2016.
Roxanna Hinzman,
Field Supervisor, South Florida Ecological Services Office.
[FR Doc. 2016-08727 Filed 4-14-16; 8:45 am]
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