Notice2023-12713
Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for the Florida Scrub-Jay; Marion 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
June 14, 2023
Issuing agencies
Interior DepartmentFish and Wildlife Service
Abstract
We, the Fish and Wildlife Service (Service), announce receipt of an application from TC Florida Development Inc. (Crossroads Industrial; applicant) for an incidental take permit (ITP) under the Endangered Species Act. The applicant requests the ITP to take the federally listed Florida scrub-jay (Aphelocoma coerulescens) incidental to the construction of a warehouse, loading docks, parking lots, and the associated stormwater systems, within an existing industrial park in Marion 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.
Full Text
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<title>Federal Register, Volume 88 Issue 114 (Wednesday, June 14, 2023)</title>
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[Federal Register Volume 88, Number 114 (Wednesday, June 14, 2023)]
[Notices]
[Pages 38886-38887]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-12713]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS-R4-ES-2023-0077; FXES11140400000-234-FF04EF4000]
Receipt of Incidental Take Permit Application and Proposed
Habitat Conservation Plan for the Florida Scrub-Jay; Marion County, FL;
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 TC Florida Development Inc. (Crossroads
Industrial; applicant) for an incidental take permit (ITP) under the
Endangered Species Act. The applicant requests the ITP to take the
federally listed Florida scrub-jay (Aphelocoma coerulescens) incidental
to the construction of a warehouse, loading docks, parking lots, and
the associated stormwater systems, within an existing industrial park
in Marion 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 July 14,
2023.
ADDRESSES:
Obtaining Documents: You may obtain copies of the documents online
in Docket No. FWS-R4-ES-2023-0077; 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-2023-0077;
<bullet> U.S. Mail: Public Comments Processing, Attn: Docket No.
FWS-R4-ES-2023-0077; U.S. Fish and Wildlife Service, MS: PRB/3W, 5275
Leesburg Pike, Falls Church, VA 22041-3803.
FOR FURTHER INFORMATION CONTACT: Erin Gawera, by U.S. mail (see
ADDRESSES), by telephone at 904-731-3121, or via email at
<a href="/cdn-cgi/l/email-protection#0762756e69586066706275664761707429606871"><span class="__cf_email__" data-cfemail="2c495e4542734b4d5b495e4d6c4a5b5f024b435a">[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 TC Florida Development Inc.
(Crossroads Industrial; 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 warehouse, loading
docks, parking lots, and associated stormwater systems within an
existing industrial park in Marion 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 10-year ITP to take scrub-jays via the
conversion of approximately 4.50 acres (ac) of occupied nesting,
foraging, and sheltering scrub-jay habitat, incidental to the
construction and operation of a warehouse, loading docks, parking lots,
and the associated stormwater systems within an existing industrial
park on 118.0 ac on parcel numbers 41205-001-01 and 41205-001-02 in
Section 16, Township 17 South, Range 21 East, Marion County, Florida.
The applicant proposes to mitigate for take of the scrub-jay by
purchasing credits equivalent to 9.0 ac of scrub-jay occupied habitat
within the Tippen Bay Conservation Bank or another 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
warehouse, loading docks, parking lots, and the associated stormwater
systems 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
[[Page 38887]]
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.
Next Steps
The Service will evaluate the application and the comments 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 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 PER0046853 to TC Florida
Development Inc.
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,
Manager, Division of Environmental Review, Florida Ecological Services
Field Office.
[FR Doc. 2023-12713 Filed 6-13-23; 8:45 am]
BILLING CODE 4333-15-P
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