Notice2023-25949
Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for the Sand Skink and Blue-Tailed Mole Skink; Polk County, FL; Categorical Exclusion
Primary source
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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 Vistas at Davenport, LLC (applicant) for an incidental take permit (ITP) under the Endangered Species Act. The applicant requests the ITP to take the federally listed sand skink and blue-tailed mole skink incidental to the construction of a residential development in Polk 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 82394-82395]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-25949]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS-R4-ES-2023-0221; FXES1114040000-245-FF04EF4000]
Receipt of Incidental Take Permit Application and Proposed
Habitat Conservation Plan for the Sand Skink and Blue-Tailed Mole
Skink; Polk 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 Vistas at Davenport, LLC (applicant) for an
incidental take permit (ITP) under the Endangered Species Act. The
applicant requests the ITP to take the federally listed sand skink and
blue-tailed mole skink incidental to the construction of a residential
development in Polk 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-
0221 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-2023-0221.
<bullet> U.S. mail: Public Comments Processing, Attn: Docket No.
FWS-R4-ES-2023-0221; U.S. Fish and Wildlife
[[Page 82395]]
Service, MS: PRB/3W, 5275 Leesburg Pike, Falls Church, VA 22041-3803.
FOR FURTHER INFORMATION CONTACT: Alfredo Begazo, by U.S. mail (see
ADDRESSES), by telephone at 772-469-4234, or via email at
<a href="/cdn-cgi/l/email-protection#39585f4b5c5d56665b5c5e584356795f4e4a175e564f"><span class="__cf_email__" data-cfemail="ed8c8b9f888982b28f888a8c9782ad8b9a9ec38a829b">[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 Vistas at Davenport, 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 sand skink
(Neoseps reynoldsi) and blue-tailed mole-skink (Eumeces egregius
lividus) (skinks) incidental to the construction and operation of a
residential development in Polk 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 15-year ITP to take skinks via the
conversion of approximately 6.71 acres (ac) of occupied nesting,
foraging, and sheltering skink habitat incidental to the construction
and operation of a residential development on a 56.5-ac parcel in
Sections 23 and 24, Township 26 South, Range 27 East in Polk County,
Florida. The applicant proposes to mitigate for take of the skinks by
purchasing credits equivalent to 13.42 ac of skink-occupied habitat
from a 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 project, including the construction of multiple single-
family residences, driveways, parking spaces, green areas, stormwater
pond, and associated infrastructure (e.g., electric, water, and sewer
lines), would individually and cumulatively have a minor or negligible
effect on the skinks 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 skinks 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 PER5062905 to Vistas at
Davenport, LLC.
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. 2023-25949 Filed 11-22-23; 8:45 am]
BILLING CODE 4333-15-P
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