[Federal Register Volume 83, Number 53 (Monday, March 19, 2018)]
[Notices]
[Pages 12020-12022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05592]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R4-ES-2017-N018; FXES11140400000-189-FF04EF2000]


Endangered and Threatened Wildlife and Plants; Receipt of Two 
Applications for Incidental Take Permits; Availability of Low-Effect 
Proposed Habitat Conservation Plans and Associated Documents; Polk 
County, FL

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comment/information.

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SUMMARY: We, the Fish and Wildlife Service (Service), announce the 
availability for comment of two applications for incidental take 
permits (ITP) under the Endangered Species Act of 1973, as amended 
(Act). The City of Winter Haven and Savi Investments, LLC each request 
a separate ITP for take of the federally listed sand skink and blue-
tailed mole skink, incidental to construction in Polk County, Florida. 
We request public comments on each of the applications and accompanying 
habitat conservation plans (HCPs), as well as on our preliminary 
determination that both HCPs qualify as low effect under the National 
Environmental Policy Act. To make these determinations, we used 
environmental action statements and low-effect screening forms, which 
are also available for review.

DATES: We must receive your written comments on the ITP applications 
and HCPs on or before April 18, 2018.

ADDRESSES: 
    Obtaining Documents: You may obtain a copies of the ITP 
applications and HCPs by writing to Ms. Elizabeth Landrum, South 
Florida Ecological Services Office, Attn: Permit number TE59397C-0 (for 
City of Winter Haven) and/or TE60480C-0 (for Savi

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Investments), U.S. Fish and Wildlife Service, 1339 20th Street, Vero 
Beach, FL 32960-3559, or by email to [email protected] and put Permit 
number TE59397C-0 (for City of Winter Haven) and/or TE60480C-0 (for 
Savi Investments) in the subject line. We also will make the ITP 
applications and HCPs available for public inspection by appointment 
during normal business hours at the South Florida Ecological Services 
Office address.
    Submitting Comments: See Submitting Comments under SUPPLEMENTARY 
INFORMATION.

FOR FURTHER INFORMATION CONTACT: Ms. Elizabeth Landrum, South Florida 
Ecological Services Office (see ADDRESSES); telephone: 772-469-4304.

SUPPLEMENTARY INFORMATION: We, the Fish and Wildlife Service (Service), 
announce the availability for comment of two applications for 
incidental take permits (ITP) under the Endangered Species Act of 1973, 
as amended (16 U.S.C. 1531 et seq.; Act). The City of Winter Haven and 
Savi Investments, LLC each request a separate ITP for take of the 
federally listed sand skink (Neoseps reynoldsi) and the blue-tailed 
mole skink (Eumeces egregius lividus), incidental to construction in 
Polk County, Florida. We request public comments on each of the 
applications and accompanying habitat conservation plans (HCPs), as 
well as on our preliminary determination that both HCPs qualify as low 
effect under the National Environmental Policy Act. To make these 
determinations, we used environmental action statements and low-effect 
screening forms, which are also available for review. The Service 
listed the both skink species as threatened in 1987 (November 6, 1987; 
52 FR 42658, effective December 7, 1987).

Background

    Section 9 of the ESA and our implementing regulations in the Code 
of Federal Regulations (CFR) at 50 CFR part 17 prohibit the ``take'' of 
fish or wildlife species listed as endangered or threatened. Take of 
listed fish or wildlife is defined under the Act as ``to harass, harm, 
pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to 
attempt to engage in any such conduct'' (16 U.S.C. 1532(19)). However, 
under limited circumstances, we issue permits to authorize incidental 
take--i.e., take that is incidental to, and not the purpose of, the 
carrying out of an otherwise lawful activity.
    Regulations governing incidental take permits for endangered and 
threatened species are at 50 CFR 17.22 and 17.32, respectively. The 
Act's take prohibitions do not apply to federally listed plants on 
private lands unless such take would violate State law. In addition to 
meeting other criteria, the take authorized by an incidental take 
permit must not jeopardize the existence of federally listed fish, 
wildlife, or plants.

Applicants' Proposed Projects

City of Winter Haven

    The City of Winter Haven, Florida (TE59397C-0) is requesting a 2-
year ITP for take incidental to construction of the Lake Maude 
Community Recreational Complex and associated infrastructure on a 24.7-
acre parcel in Polk County, Florida. The project site is located in 
Section 21, Township 28 South, Range 26 East of the County. The project 
would permanently alter 0.36 acres of the species' feeding, breeding, 
and sheltering habitat. The City of Winter Haven proposes to mitigate 
for impacts to the covered species by purchasing 0.72 mitigation 
credits from a Service-approved conservation bank.

Savi Investments, LLC

    Savi Investments, LLC requests a 10-year ITP for take of the 
covered species incidental to land preparation and construction of 
Madera Park Phase II, a single-family residential development, and 
associated infrastructure on a 5.7-acre parcel in Polk County, Florida. 
Savi Investments, LLC's project site is located in Section 12, Township 
25 South, Range 26 East of the County. The project would permanently 
alter 1.2 acres of the species' feeding, breeding, and sheltering 
habitat. Savi Investments, LLC proposes to purchase 2.4 mitigation 
credits from a Service-approved conservation bank to mitigate for 
impacts to the covered species.

Our Preliminary Determination

    We have made a preliminary determination that both of the 
applicants' projects, including the mitigation measures, will 
individually and cumulatively have a minor or negligible effect on the 
covered species and the environment, so as to be ``low effect'' and 
qualify for categorical exclusion under the National Environmental 
Policy Act (NEPA), as provided by 43 CFR 46.205 and 43 CFR 46.210. Our 
preliminary determinations that issuance of the ITPs qualifies as low 
effect are based on the following three criteria: (1) Implementation of 
the projects would result in minor or negligible effects on federally 
listed, proposed, and candidate species and their habitats; (2) 
Implementation of the projects would result in minor or negligible 
effects on other environmental values or resources; and (3) Impacts of 
the projects, considered together with the impacts of other past, 
present, and reasonably foreseeable similarly situated projects, would 
not result over time in significant cumulative effects to environmental 
values or resources. These preliminary determinations may be revised 
based on our review of the public comments submitted in response to 
this notice.

Next Steps

    We will evaluate each HCP and comments submitted to determine 
whether each application meets the requirements of section 10(a) of the 
Act. We will also conduct an intra-Service consultation on each 
application to evaluate take of the covered species in accordance with 
section 7 of the Act. We will use the results of each consultation, in 
combination with the above findings, in our analyses of whether or not 
to issue the ITPs. If it is determined that the requirements of the Act 
are met as to either or both applications, the associated ITP will be 
issued.

Submitting Comments

    If you wish to comment on the ITP applications or HCPs, you may 
submit comments by any one of the following methods. Make sure to put 
the appropriate permit number in your email subject line or in your fax 
(i.e., City of Winter Haven/TE59397C-0 and/or Savi Investments/
TE60480C-0).
    Email: [email protected].
    Fax: Elizabeth Landrum, 772-562-4288.
    U.S. mail: See ADDRESSES.
    In-person drop-off: You may drop off comments or request 
information during regular business hours at the address in ADDRESSES.

Public Availability of Comments

    Before including your address, phone number, email address, or 
other personal identifying information in your comments, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
request in your comments that your personal identifying information be 
withheld from public review, we cannot guarantee that we will be able 
to do so.

Authority

    We provide this notice under Section 10 of the Endangered Species 
Act (16

[[Page 12022]]

U.S.C. 1531 et seq.) and NEPA regulations (40 CFR 1506.6).

Roxanna Hinzman,
Field Supervisor, South Florida Ecological Services Office.
[FR Doc. 2018-05592 Filed 3-15-18; 4:15 pm]
 BILLING CODE 4333-15-P