[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]
 BILLING CODE 4310-55-P