Notice2025-17554

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
September 11, 2025

Issuing agencies

Interior DepartmentFish and Wildlife Service

Abstract

We, the Fish and Wildlife Service (Service), announce receipt of an application from Lennar Homes (Smokey Groves) (applicant) for an incidental take permit (ITP) under the Endangered Species Act. The applicant requests the ITP to take the federally listed threatened sand skink and blue-tailed mole skink incidental to the construction of a mixed density 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 Nation Environmental Policy Act (NEPA), the Department of Interior's (DOI) NEPA regulations, and the DOI Department Manual (DM). To make this preliminary determination, we prepared a draft screening form and NEPA statement for HCPs, which is 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 90 Issue 174 (Thursday, September 11, 2025)</title>
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[Federal Register Volume 90, Number 174 (Thursday, September 11, 2025)]
[Notices]
[Pages 44090-44091]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-17554]



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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[Docket No. FWS-R4-ES-2025-0082; FXES11140400000-256-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 and information.

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SUMMARY: We, the Fish and Wildlife Service (Service), announce receipt 
of an application from Lennar Homes (Smokey Groves) (applicant) for an 
incidental take permit (ITP) under the Endangered Species Act. The 
applicant requests the ITP to take the federally listed threatened sand 
skink and blue-tailed mole skink incidental to the construction of a 
mixed density 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 Nation 
Environmental Policy Act (NEPA), the Department of Interior's (DOI) 
NEPA regulations, and the DOI Department Manual (DM). To make this 
preliminary determination, we prepared a draft screening form and NEPA 
statement for HCPs, which is 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 October 14, 
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-2025-0082; 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-2025-0082;
    <bullet> U.S. mail: Public Comments Processing, Attn: Docket No. 
FWS-R4-ES-2025-0082; 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#583d2a3136073f392f3d2a39183e2f2b763f372e"><span class="__cf_email__" data-cfemail="8beef9e2e5d4eceafceef9eacbedfcf8a5ece4fd">[email&#160;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 Lennar Homes (Smokey Groves) 
(applicant) for an 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 (Neopseps (=Plestiodon) reynoldsi) 
and blue-tailed mole skinks (Eumeces egregius lividus) (skinks) 
incidental to the construction and operation of a mixed density 
residential development in Polk County, Florida. We request public 
comment on the application, which includes the applicant's HCP, and on 
the Service's preliminary determination that this proposed ITP may 
qualify for a categorical exclusion pursuant to NEPA (42 U.S.C. 4321 et 
seq.), DOI's NEPA regulations (43 CFR part 46), and the DOI's 
Departmental Manual (516 DM 8.5(C)(2)). To make this preliminary 
determination, we prepared a draft screening form and NEPA statement 
for HCPs, both of which are available for public review.

Proposed Project

    The applicant requests a 15-year ITP to take skinks via the 
conversion of approximately 9.71 acres (ac) of occupied nesting, 
foraging, and sheltering skink habitat incidental to the construction 
and operation of a mixed density residential development on 279.50-acs, 
Parcel #s 28-28-17-000000-033000, 28-28-18-000000-010000, 28-28-08-
000000-044030, and 28-28-07-000000-022010 in Sections 5, 6, 7, 8, 17 & 
18, Township 28 South, Range 28 East, Polk County, Florida. The 
applicant proposes to mitigate for take of the skinks by purchasing 
credits equivalent to 19.42 ac of skink-occupied habitat within a 
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 reasonably 
foreseeable effects of the applicant's proposed project, including the 
construction of the buildings and associated infrastructure (i.e., 
electric, water, and sewer lines), would have a minor effect on the 
skinks and the human environment, and no extraordinary circumstances in 
43 CFR 43.215 apply. Reasonably foreseeable effects encompass effects 
of implementation of the action including effects of the action in 
addition to other past, present, and reasonably foreseeable future 
effects.
    Therefore, we have preliminarily determined that the proposed ESA 
section 10(a)(1)(B) permit would be a low-effect ITP that may qualify 
for application of a categorical exclusion (516 DM 8.5(C)(2)), pursuant 
to NEPA, the DOI's NEPA regulations, and the DOI DM. A low-effect ITP 
is one that would result in (1) negligible or minor individual or 
cumulative effects on species covered in the HCP; (2) no significant 
effects on the human environment; and (3) reasonably foreseeable 
effects that would not result in significant effects to the human 
environment.

Next Steps

    The Service will evaluate the application and public comments 
received 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 PER16854790 to Lennar Homes 
(Smokey Groves).

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

[[Page 44091]]

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), NEPA (42 U.S.C. 4321 et seq.), and DOI's 
implementing regulations (43 CFR part 46).

Jos[eacute] J. Rivera,
Manager, Division of Environmental Review, Florida Ecological Services 
Field Office, U.S. Fish and Wildlife Service.
[FR Doc. 2025-17554 Filed 9-10-25; 8:45 am]
BILLING CODE 4333-15-P


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Indexed from Federal Register on September 11, 2025.

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