[Federal Register Volume 89, Number 121 (Monday, June 24, 2024)]
[Notices]
[Pages 52495-52496]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13752]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[Docket No. FWS-R4-ES-2024-0084; FXES11140400000-245-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.

-----------------------------------------------------------------------

SUMMARY: We, the Fish and Wildlife Service (Service), announce receipt 
of an application from Edward Rose and Sons (Eloah Estates) (applicant) 
for an incidental take permit (ITP) under the Endangered Species Act. 
The applicant requests the ITP to take the federally listed scrub-jay 
(Aphelocoma coerulescens) incidental to the construction of a multi-
family apartment complex in Volusia 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 24, 
2024.

ADDRESSES: 
    Obtaining Documents: The documents this notice announces, as well 
as any comments and other materials that we receive, will be available 
for public inspection online in Docket No. FWS-R4-ES-2024-0084 at 
https://www.regulations.gov.
    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:
     Online: https://www.regulations.gov. Follow the 
instructions for submitting comments on Docket No. FWS-R4-ES-2024-0084.
     U.S. mail: Public Comments Processing, Attn: Docket No. 
FWS-R4-ES-2024-0084; U.S. Fish and Wildlife

[[Page 52496]]

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 904-404-2464, or via email at 
[email protected]. 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 Edward Rose and Sons (Eloah 
Estates) (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 scrub-jay (Aphelocoma 
coerulescens), federally listed as threatened under the ESA, incidental 
to the construction and operation of a multi-family apartment complex 
in Volusia 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 5-year ITP to take scrub-jays via the 
conversion of approximately 7.25 acres (ac) of occupied nesting, 
foraging, and sheltering scrub-jay habitat incidental to the 
construction and operation of a multi-family apartment complex on 46.61 
ac on Volusia County Parcels 810800000035 and 810400000360 in Section 4 
and 8, Township 18 South, Range 31 East, Volusia County. The applicant 
proposes to mitigate for take of the scrub-jays through the 
contribution of $222,241.50 to the Florida Scrub-jay Conservation Fund 
administered by The Nature Conservancy prior to any clearing 
activities. The Service would require the applicant to make this 
contribution prior to engaging in any phase of the project.

Our Preliminary Determination

    The Service has made a preliminary determination that the 
applicant's proposed project--including the construction of the 
buildings 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 regulations, DOI's NEPA regulations, and 
the DOI Departmental Manual. A low-effect ITP 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 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 PER5847545 to Edward Rose and Sons (Eloah 
Estates).

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. If you submit a comment at https://www.regulations.gov, your entire comment, including any personal 
identifying information, will be posted on the website. If you submit a 
hardcopy comment that includes personal identifying information, such 
as your address, phone number, or email address, you may request at the 
top of your document that we withhold this information from public 
review. However, we cannot guarantee that we will be able to do so. 
Moreover, all submissions from organizations or businesses, and from 
individuals identifying themselves as representatives or officials of 
organizations or businesses, will be made available for public 
disclosure in their entirety.

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. 2024-13752 Filed 6-21-24; 8:45 am]
BILLING CODE 4333-15-P