Notice2023-25943
Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for the Sand Skink; Orange 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 24, 2023
Issuing agencies
Interior DepartmentFish and Wildlife Service
Abstract
We, the Fish and Wildlife Service (Service), announce receipt of an application from the Orange County Public Library System (Horizon West Library; applicant) for an incidental take permit (ITP) under the Endangered Species Act. The applicant requests the ITP to take the federally listed sand skink (Neoseps reynoldsi) incidental to the construction and operation of a public library and related activities in Orange 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 225 (Friday, November 24, 2023)</title>
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[Federal Register Volume 88, Number 225 (Friday, November 24, 2023)]
[Notices]
[Pages 82393-82394]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-25943]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS-R4-ES-2023-0208; FXES11140400000-245-FF04EF4000]
Receipt of Incidental Take Permit Application and Proposed
Habitat Conservation Plan for the Sand Skink; Orange 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 the Orange County Public Library System (Horizon
West Library; applicant) for an incidental take permit (ITP) under the
Endangered Species Act. The applicant requests the ITP to take the
federally listed sand skink (Neoseps reynoldsi) incidental to the
construction and operation of a public library and related activities
in Orange 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 December 26,
2023.
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-2023-0208 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-2023-0208.
<bullet> U.S. Mail: Public Comments Processing, Attn: Docket No.
FWS-R4-ES-2023-0208; 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#7712051e19281016001205163711000459101801"><span class="__cf_email__" data-cfemail="2f4a5d464170484e584a5d4e6f49585c01484059">[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 the Orange County Public
Library System (Horizon West Library; applicant) for an incidental take
permit
[[Page 82394]]
(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 sand skink (Neoseps reynoldsi) (skink) incidental to
the construction and operation of a public library, including a shared
use area consisting of parking infrastructure, a YMCA facility, and
ancillary improvements, and the associated clearing, infrastructure,
and landscaping, in Orange 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 skinks via the
conversion of approximately 8.69 acres (ac) of occupied nesting,
foraging, and sheltering skink habitat incidental to the construction
and operation of a public library, including a shared use area
consisting of parking infrastructure, a YMCA facility, and ancillary
improvements, and the associated clearing, infrastructure, and
landscaping on 12.45 ac on Parcels 16-23-27-0000-00-021, 16-23-27-0000-
00-009, and 16-23-27-0000-00-031 in Section 16, Township 23 South,
Range 27 East, Orange County, Florida. The applicant proposes to
mitigate for take of the skinks by purchasing credits equivalent to
17.40 ac of skink-occupied habitat within the Lake Wales 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.
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 or
negligible effect on the sand skink and the 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 sand skink 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 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
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 PER3397936 to Orange County
Public Library System (Horizon West Library).
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.
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. 2023-25943 Filed 11-22-23; 8:45 am]
BILLING CODE 4333-15-P
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