Notice2024-29656
Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for the Sand Skink; Polk County, FL; Categorical Exclusion
Primary source
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Published
December 17, 2024
Issuing agencies
Interior DepartmentFish and Wildlife Service
Abstract
We, the Fish and Wildlife Service (Service), announce receipt of an application from RWLC Development Sub, 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 bluetail mole skink (skinks) incidental to the construction of a commercial 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 89 Issue 242 (Tuesday, December 17, 2024)</title>
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[Federal Register Volume 89, Number 242 (Tuesday, December 17, 2024)]
[Notices]
[Pages 102160-102161]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-29656]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS-R4-ES-2024-0189; FXES11140400000-256-FF04EF4000]
Receipt of Incidental Take Permit Application and Proposed
Habitat Conservation Plan for the Sand Skink; Polk County, FL;
Categorical Exclusion
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for comments and information.
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SUMMARY: We, the Fish and Wildlife Service (Service), announce receipt
of an application from RWLC Development Sub, 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
bluetail mole skink (skinks) incidental to the construction of a
commercial 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 January 16,
2025.
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-2024-0189 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-2024-0189;
or
<bullet> U.S. mail: Public Comments Processing, Attn: Docket No.
FWS-R4-ES-2024-0189; 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 904-404-2464, or via email at
<a href="/cdn-cgi/l/email-protection#3e5b4c575061595f495b4c5f7e58494d10595148"><span class="__cf_email__" data-cfemail="6a0f180304350d0b1d0f180b2a0c1d19440d051c">[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
[[Page 102161]]
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 RWLC Development Sub, 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 federally listed sand skinks
(Neoseps reynoldsi) and bluetail mole skinks (Eumeces egregius lividus)
(skinks), federally listed as threatened under the ESA, incidental to
the construction and operation of a commercial development in Polk
County, Florida. We request public comments 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 1.68 acres (ac) of occupied nesting,
foraging, and sheltering skink habitat incidental to the construction
and operation of a commercial development on 12.64 ac on Parcel #: 27-
26-29-706500-030310 and 27-26-29-706500-030300 in Section 29, Township
26 S, Range 27 E, Polk County, Florida. The applicant proposes to
mitigate for take of the skinks by purchasing credits equivalent to
3.36 ac of skink-occupied habitat within the Lake Wales Ridge
Conservation Bank or another Service-approved conservation bank. The
Service would require the applicant to purchase the credits 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 or
negligible effect on the skinks 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 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 incidental take permit 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 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 PER13163374 to RWLC Development Sub, 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. If you submit a comment at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 parts
1500 through 1508 and 43 CFR part 46).
Robert L. Carey,
Manager, Division of Environmental Review, Florida Ecological Services
Field Office.
[FR Doc. 2024-29656 Filed 12-16-24; 8:45 am]
BILLING CODE 4333-15-P
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