[Federal Register Volume 85, Number 149 (Monday, August 3, 2020)]
[Notices]
[Pages 46693-46694]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16814]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[Docket No. FWS-R4-ES-2020-0035; FXES11140400000-178-FF04EF2000]


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 Cemex Construction Materials Florida, 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 blue-tailed mole skink incidental to sand mining 
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 this HCP 
qualifies as ``low-effect,'' categorically excluded under the National 
Environmental Policy Act. To make this determination, we used our 
environmental action statement and low-effect screening form, both of 
which are also available for public review.

DATES: We must receive your written comments on or before September 2, 
2020.

ADDRESSES: Obtaining Documents: You may obtain copies of the documents 
online in Docket No. FWS-R4-ES-2020-0035 at http://www.regulations.gov.
    Submitting Comments: If you wish to submit comments on any of the 
documents, you may do so in writing by any of the following methods:
     Online: http://www.regulations.gov. Follow the 
instructions for submitting comments on Docket No. FWS-R4-ES-2020-0035.
     U.S. mail: Public Comments Processing, Attn: Docket No. 
FWS-R4-ES-2020-0035; U.S. Fish and Wildlife Service, MS: PRB/3W, 5275 
Leesburg Pike, Falls Church, VA 22041-3803.

FOR FURTHER INFORMATION CONTACT: Alfredo Begazo, by telephone at (772) 
469-4234 or via email at [email protected]. Individuals who are 
hearing impaired or speech impaired may call the Federal Relay Service 
at 1-800-877-8339 for TTY assistance.

SUPPLEMENTARY INFORMATION: We, the Fish and Wildlife Service (Service), 
announce receipt of an application from Cemex Construction Materials 
Florida, 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 the federally listed sand 
skink (Neoseps reynoldsi) and blue-tailed mole skink (Eumeces egregious 
lividus) (skinks) incidental to the construction and operation of a 
sand mine 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 HCP qualifies as ``low-effect,'' 
categorically excluded under the National Environmental Policy Act 
(NEPA; 42 U.S.C. 4321 et seq.). To make this determination, we used our 
environmental action statement and low-effect screening form, both of 
which are also available for public review.

Project

    The applicant requests a 10-year ITP to take skinks through the 
conversion of approximately 19.8 acres of occupied skink foraging and 
sheltering habitat incidental to the construction and operation of a 
sand mine on a 294-acre parcel in Sections 10, 11, Township 30 South, 
Range 28 East in Polk County, Florida. The applicant proposes to 
mitigate for take of the skinks by purchasing credits equivalent to 
39.6 acres of skink-occupied habitat from a

[[Page 46694]]

Service-approved conservation bank in Polk County. The Service would 
require the applicant to purchase the credits prior to engaging in any 
phase of the project.

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. While you may request that we 
withhold your personal identifying information, we cannot guarantee 
that we will be able to do so.

Our Preliminary Determination

    The Service has made a preliminary determination that the 
applicant's project, including land clearing, construction of a sand 
mine, and the proposed mitigation measures, would individually and 
cumulatively have a minor or negligible effect on the skinks and the 
environment. Therefore, we have preliminarily concluded that the ITP 
for this project would qualify for categorical exclusion and the HCP 
would be low effect under our NEPA regulations at 43 CFR 46.205 and 
46.210. A low-effect HCP is one that would result in (1) minor or 
negligible effects on federally listed, proposed, and candidate species 
and their habitats; (2) minor or negligible effects on other 
environmental values or resources; and (3) impacts that, when 
considered together with the impacts of other past, present, and 
reasonable foreseeable similarly situated projects, would not result in 
significant cumulative effects to environmental values or resources 
over time.

Next Steps

    The Service will evaluate the application and the comments 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 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 TE75515D-0 to Cemex Construction 
Materials Florida, LLC.

Authority

    The Service provides this notice under section 10(c) (16 U.S.C. 
1539(c)) of the ESA and NEPA regulation 40 CFR 1506.6.

Roxanna Hinzman,
Field Supervisor, South Florida Ecological Services Office.
[FR Doc. 2020-16814 Filed 7-31-20; 8:45 am]
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