Notice2025-17559
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 CBD Land Investors, LLC (applicant), for an incidental take permit (ITP) under the Endangered Species Act (ESA). 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 National Environmental Policy Act (NEPA), the Department of the Interior's (DOI) NEPA regulations, and the DOI Departmental Manual (DM). To make this preliminary determination, we prepared a draft screening form and NEPA statement for HCPs, both of which are 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 44088-44089]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-17559]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS-R4-ES-2025-0007; 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 comment.
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SUMMARY: We, the Fish and Wildlife Service (Service), announce receipt
of an application from CBD Land Investors, LLC (applicant), for an
incidental take permit (ITP) under the Endangered Species Act (ESA).
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
[[Page 44089]]
Service's preliminary determination that the proposed permitting action
may be eligible for a categorical exclusion pursuant to the National
Environmental Policy Act (NEPA), the Department of the Interior's (DOI)
NEPA regulations, and the DOI Departmental Manual (DM). To make this
preliminary determination, we prepared a draft screening form and NEPA
statement for HCPs, both of which are 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-2025-0007 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-2025-0007.
<bullet> U.S. mail: Public Comments Processing, Attn: Docket No.
FWS-R4-ES-2025-0007; U.S. Fish and Wildlife Service, MS: PRB/3W, 5275
Leesburg Pike, Falls Church, VA 22041-3803.
FOR FURTHER INFORMATION CONTACT: Jos[eacute] J. Rivera, by U.S. mail
(see ADDRESSES), by telephone at 772-226-8018, or via email at
<a href="/cdn-cgi/l/email-protection#402a2f33251f322936253221002637336e272f36"><span class="__cf_email__" data-cfemail="bed4d1cddbe1ccd7c8dbccdffed8c9cd90d9d1c8">[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, announce
receipt of an application from CBD Land Investors, LLC (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 the
federally listed sand skink (Neoseps (=Plestiodon) 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 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.), the DOI's NEPA regulations (43 CFR
part 46), and the DOI's Departmental Manual DM (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 10-year ITP to take skinks via the
conversion of approximately 2.56 acres (ac) of occupied nesting,
foraging, and sheltering skink habitat incidental to the construction
of a residential development on a 76.94 ac parcel located at 1615 Burns
Avenue in Section 31, Township 29 South, Range 28 East, Lake Wales,
Polk County, Florida. The applicant proposes to mitigate for take of
skinks through the purchase of 5.12 ac of conservation credits (in
accordance with the Service's 2:1 mitigation ratio guidelines) from a
Service-authorized conservation bank 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 residential development and associated
infrastructure (e.g., 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 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 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 PER13677945 to CBD Land Investors, 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), NEPA (42 U.S.C. 4321 et seq.), as amended,
and the DOI's implementing regulations (43 CFR part 46).
Jose Rivera,
Field Supervisor, Division of Environmental Review, Florida Ecological
Services Field Office.
[FR Doc. 2025-17559 Filed 9-10-25; 8:45 am]
BILLING CODE 4333-15-P
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