Notice2026-03435
Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for Sand Skink and Blue-Tailed Mole Skink; Polk County, FL; Categorical Exclusion
Primary source
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Published
February 23, 2026
Issuing agencies
Interior DepartmentFish and Wildlife Service
Abstract
We, the Fish and Wildlife Service (Service), announce receipt of an application from CEMEX Construction Materials Florida, LLC (Lake Wales Sand Mine Expansion) (applicant) for an incidental take permit (ITP) under the Endangered Species Act (ESA). The applicant requests the ITP to take the federally listed threatened sand skink and blue- tailed mole skink (skinks) incidental to the construction of a sand mine expansion in an existing mine site 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, 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 91 Issue 35 (Monday, February 23, 2026)</title>
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[Federal Register Volume 91, Number 35 (Monday, February 23, 2026)]
[Notices]
[Pages 8498-8499]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-03435]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS-R4-ES-2025-1760; FXES11140400000-267-FF04EF4000]
Receipt of Incidental Take Permit Application and Proposed
Habitat Conservation Plan for 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 CEMEX Construction Materials Florida, LLC (Lake
Wales Sand Mine Expansion) (applicant) for an incidental take permit
(ITP) under the Endangered Species Act (ESA). The applicant requests
the ITP to take the federally listed threatened sand skink and blue-
tailed mole skink (skinks) incidental to the construction of a sand
mine expansion in an existing mine site 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, 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 March 25,
2026.
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-2025-1760 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-2025-1760.
<bullet> U.S. Mail: Public Comments Processing, Attn: Docket No.
FWS-R4-ES-2025-1760; U.S. Fish and Wildlife Service, MS: PRB/3W; 5275
Leesburg Pike, Falls Church, VA 22041-3803.
FOR FURTHER INFORMATION CONTACT: Erin Gawera, Jacksonville Ecological
Services Field Office, by phone at 904-404-2464 or via email at
<a href="/cdn-cgi/l/email-protection#0d687f6463526a6c7a687f6c4d6b7a7e236a627b"><span class="__cf_email__" data-cfemail="7712051e19281016001205163711000459101801">[email protected]</span></a>. Individuals in the United States who are deaf,
deafblind, hard of hearing, or have
[[Page 8499]]
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 U.S. Fish and Wildlife Service
(Service), announce receipt of an application from CEMEX Construction
Materials Florida, LLC (Lake Wales Sand Mine Expansion) (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 threatened sand skinks (Neopseps (=Plestiodon)
reynoldsi) and blue-tailed mole skinks (Eumeces egregius lividus)
(skinks) incidental to the construction of a sand mine expansion and
the associated clearing and infrastructure 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
National Environmental Policy Act (NEPA; 42 U.S.C. 4321 et seq.), the
Department of the Interior's (DOI) NEPA regulations (43 CFR part 46),
and the DOI's 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 20-year ITP to take skinks via the
conversion of approximately 7.9 acres (ac) of occupied nesting,
foraging, and sheltering skink habitat incidental to the construction
and operation of a sand mine expansion on 48.2 ac within a 342.00-ac
mine site, on Parcel # 283011000000030000 in Section 11 Township 30
South, Range 28 East, Polk County, Florida.
The applicant proposes to mitigate for take of the skinks by
purchasing credits equivalent to 15.8 ac of skink-occupied habitat
within a Service-approved skink conservation bank. The Service would
require the applicant to purchase the credits prior to engaging in each
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 a sand mine expansion and the associated clearing and
infrastructure, would have a minor effect on skinks and the human
environment and that extraordinary circumstances in 43 CFR 46.215 do
not 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
effect 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 PER25313000 to CEMEX Construction Materials
Florida, LLC (Lake Wales Sand Mine Expansion).
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), the National Environmental Policy Act (42
U.S.C. 4321 et seq.), and the DOI's implementing regulations (43 CFR
part 46).
Jose Rivera,
Manager, Division of Environmental Review, Florida Ecological Services
Field Office.
[FR Doc. 2026-03435 Filed 2-20-26; 8:45 am]
BILLING CODE 4333-15-P
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