Notice2023-03635
Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for the Eastern Indigo Snake; Decatur County, GA; 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
February 22, 2023
Issuing agencies
Interior DepartmentFish and Wildlife Service
Abstract
We, the Fish and Wildlife Service (Service), announce receipt of an application from Tri-State 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 (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 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.
Full Text
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<title>Federal Register, Volume 88 Issue 35 (Wednesday, February 22, 2023)</title>
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[Federal Register Volume 88, Number 35 (Wednesday, February 22, 2023)]
[Notices]
[Pages 10932-10933]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-03635]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS-R4-ES-2023-0019; FXES11130400000-234-FF04EF4000]
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.
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SUMMARY: We, the Fish and Wildlife Service (Service), announce receipt
of an application from Tri-State Solar Project, LLC (applicant) for an
incidental take permit (ITP) under the Endangered Species Act. The
applicant requests the ITP to take the federally
[[Page 10933]]
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 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 March 24,
2023.
ADDRESSES:
Obtaining Documents: You may obtain copies of the documents online
in Docket No. FWS-R4-ES-2023-0019 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
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:
<bullet> Online: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the
instructions for submitting comments on Docket No. FWS-R4-ES-2023-0019.
<bullet> U.S. mail: Public Comments Processing, Attn: Docket No.
FWS-R4-ES-2023-0019; U.S. Fish and Wildlife Service, MS: PRB/3W, 5275
Leesburg Pike, Falls Church, VA 22041-3803.
FOR FURTHER INFORMATION CONTACT: Michele Elmore, by U.S. mail (see
ADDRESSES), via phone at 912-403-1873, or by email at
<a href="/cdn-cgi/l/email-protection#c6abafa5aea3aaa399a3aaaba9b4a386a0b1b5e8a1a9b0"><span class="__cf_email__" data-cfemail="472a2e242f222b2218222b2a2835220721303469202831">[email protected]</span></a>. 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 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 development 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 individual
eastern indigo snakes via the conversion of approximately 431 acres
(ac) of occupied nesting, foraging, and sheltering habitat incidental
to the construction and operation of a solar facility development on a
3,611-ac parcel on the north side of Georgia State Route 253 and east
side of Georgia State Route 310, approximately 4 miles west of
Bainbridge, in Decatur County, Georgia. 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 mitigation for take of the eastern indigo snake by
contributing $339,412.50 to the Wildlife Foundation of Florida--Eastern
Indigo Snake Conservation Fund. These funds will be used in Georgia for
the management or restoration of eastern indigo snake habitat, purchase
of occupied habitat, purchase of development rights for occupied
habitat, or a combination thereof. The Service would require the
applicant to provide the contribution of the funds prior to engaging in
any construction 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 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 the eastern
indigo snake 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 negligible 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 PER 0053113 to Tri-State Solar Project, 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).
Peter Maholland,
Field Supervisor, Georgia Ecological Services Office.
[FR Doc. 2023-03635 Filed 2-21-23; 8:45 am]
BILLING CODE 4333-15-P
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