Notice2021-25119
Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for the Scrub-Jay, Volusia County, FL; Categorical Exclusion
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 18, 2021
Issuing agencies
Interior DepartmentFish and Wildlife Service
Abstract
We, the Fish and Wildlife Service (Service), announce receipt of an application from Maury L. Carter and Associates Inc. (applicant) for an incidental take permit (ITP) under the Endangered Species Act. The applicant requests the ITP to take the federally listed scrub-jay incidental to construction in Volusia County, Florida. We request public comment on the application, which includes the applicant's proposed habitat conservation plan (HCP), and the Service's preliminary determination that this HCP qualifies as "low-effect," categorically excluded, under the National Environmental Policy Act. To make this determination, we used our environmental action statement and low-effect screening form, both of which are also available for public review.
Full Text
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<title>Federal Register, Volume 86 Issue 220 (Thursday, November 18, 2021)</title>
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[Federal Register Volume 86, Number 220 (Thursday, November 18, 2021)]
[Notices]
[Pages 64521-64522]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-25119]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS-R4-ES-2021-0121; FXES11140400000-212-FF04EF4000]
Receipt of Incidental Take Permit Application and Proposed
Habitat Conservation Plan for the Scrub-Jay, Volusia County, FL;
Categorical Exclusion
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for comment and information.
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SUMMARY: We, the Fish and Wildlife Service (Service), announce receipt
of an application from Maury L. Carter and Associates Inc. (applicant)
for an incidental take permit (ITP) under the
[[Page 64522]]
Endangered Species Act. The applicant requests the ITP to take the
federally listed scrub-jay incidental to construction in Volusia
County, Florida. We request public comment on the application, which
includes the applicant's proposed habitat conservation plan (HCP), and
the Service's preliminary determination that this HCP qualifies as
``low-effect,'' categorically excluded, under the National
Environmental Policy Act. To make this determination, we used our
environmental action statement and low-effect screening form, both of
which are also available for public review.
DATES: We must receive your written comments on or before December 20,
2021.
ADDRESSES:
Obtaining Documents: You may obtain copies of the documents online
in Docket No. FWS-R4-ES-2021-0121 at <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
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:
<bullet> Online: <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the
instructions for submitting comments on Docket No. FWS-R4-ES-2021-0121.
<bullet> U.S. Mail: Public Comments Processing, Attn: Docket No.
FWS-R4-ES-2021-0121; U.S. Fish and Wildlife Service, MS: JAO/1N, 5275
Leesburg Pike, Falls Church, VA 22041-3803.
FOR FURTHER INFORMATION CONTACT: Erin M. Gawera, by telephone at 904-
731-3121 or via email at <a href="/cdn-cgi/l/email-protection#5237203b3c0d353325372033123425217c353d24"><span class="__cf_email__" data-cfemail="cda8bfa4a392aaacbaa8bfac8dabbabee3aaa2bb">[email protected]</span></a>. Individuals who are
hearing or speech impaired may call the Federal Relay Service at 1-800-
877-8339 for TTY assistance.
SUPPLEMENTARY INFORMATION: We, the Fish and Wildlife Service, announce
receipt of an application from Maury L. Carter and Associates Inc.
(applicant) (Howland Property) 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 scrub-jay (Aphelocoma coerulescens) incidental to the
construction of a mixed-use commercial development (project) in Volusia
County, Florida. We request public comment on the application, which
includes the applicant's proposed habitat conservation plan (HCP), and
the Service's preliminary determination that this HCP qualifies as
``low-effect,'' categorically excluded, under the National
Environmental Policy Act (NEPA; 42 U.S.C. 4231 et seq.). To make this
determination, we used our environmental action statement and low-
effect screening form, which are also available for public review.
Project
Maury L. Carter and Associates Inc. requests a 10-year ITP to take
scrub-jays by converting approximately 2.20 acres of occupied scrub-jay
foraging and sheltering habitat incidental to the construction of a
mixed-use commercial development located on a 36.69-acre parcel in
Section 4, Township 19 South, Range 30 East, Volusia County, Florida.
The applicant proposes to mitigate for take of the scrub-jays by the
contribution of $67,438.80 to the Florida Scrub-jay Conservation Fund
(Fund) administered by The Nature Conservancy for the purchase of 4.40
acres, twice as much habitat as would be destroyed. The Service would
require the applicant to make this contribution to the Fund within 30
days following the issuance of the incidental take permit by the
Service and prior to engaging in activities associated with 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 project, including land clearing, infrastructure building,
landscaping, and the proposed mitigation measure, would individually
and cumulatively have a minor or negligible effect on scrub-jays and
the environment. Therefore, we have preliminarily concluded that the
ITP for this project would qualify for categorical exclusion and the
HCP is low effect under our NEPA regulations at 43 CFR 46.205 and
46.210. A low-effect HCP is one that would result in (1) minor or
negligible effects on federally listed, proposed, and candidate species
and their habitats; (2) minor or negligible effects on other
environmental values or resources; and (3) impacts that, when
considered together with the impacts of other past, present, and
reasonably foreseeable similarly situated projects, would not result in
significant cumulative effects to environmental values or resources
over time.
Next Steps
The Service will evaluate the application and the comments received
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 findings, 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 PER0017037 to Maury L. Carter and
Associates Inc.
Authority
The Service provides this notice under section 10(c) of the ESA (16
U.S.C. 1531 et seq.) and its implementing regulations (50 CFR 17.32)
and NEPA (42 U.S.C. 4321 et seq.) and its implementing regulations (40
CFR 1506.6 and 43 CFR 46.305).
Robert L. Carey,
Division Manager, Environmental Review, Florida Ecological Services
Field Office.
[FR Doc. 2021-25119 Filed 11-17-21; 8:45 am]
BILLING CODE 4333-15-P
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