[Federal Register Volume 85, Number 151 (Wednesday, August 5, 2020)]
[Notices]
[Pages 47397-47398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16980]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[Docket No. FWS-R4-ES-2020-0085; FXES11130400000EA-123-FF04EF1000]


Receipt of Incidental Take Permit Application and Proposed 
Habitat Conservation Plan for the Sand Skink, Orange County, FL; 
Categorical Exclusion

AGENCY: Fish and Wildlife Service, Interior.

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

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SUMMARY: We, the Fish and Wildlife Service (Service), announce receipt 
of an application from Withers, 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 incidental to 
construction in Orange County, Florida. We request public

[[Page 47398]]

comment on the application, which includes the applicant's proposed 
habitat conservation plan (HCP), and 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 4, 
2020.

ADDRESSES: 
    Obtaining Documents: You may obtain copies of the documents online 
in Docket No. FWS-R4-ES-2020-0085 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-2020-0085.
     U.S. mail: Public Comments Processing, Attn: Docket No. 
FWS-R4-ES-2020-0085; U.S. Fish and Wildlife Service, MS: PRB/3W, 5275 
Leesburg Pike, Falls Church, VA 22041-3803.

FOR FURTHER INFORMATION CONTACT: Erin M. Gawera, by telephone at 904-
731-3121 or via email at [email protected]. Individuals who are 
hearing 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, announce 
receipt of an application from Withers, 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) 
incidental to the construction of a housing development (project) in 
Orange County, Florida. We request public comment on the application, 
which includes the applicant's proposed habitat conservation plan 
(HCP), and 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. 4231 et seq.). To make this 
determination, we used our environmental action statement and low-
effect screening form, which are also available for public review.

Project

    Withers, LLC requests a 5-year ITP to take sand skinks by 
converting approximately 5.42 acres (ac) of occupied sand skink 
foraging and sheltering habitat incidental to the construction of a 
housing development located on a 158.4-ac parcel in Section 29; 
Township 24 South; Range 27 East, on Parcel ID numbers 29-24-27-0000-
00-001, 29-24-27-0000-00-010 and 29-24-27-0000-00-00017, in Orange 
County, Florida. The applicant proposes to mitigate for take of the 
sand skinks by purchasing 10.84 credits from a Service-approved 
conservation bank. The Service would require the applicant to make this 
purchase prior to engaging in activities associated with 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, infrastructure building, 
landscaping, and the proposed mitigation measure, would individually 
and cumulatively have a minor or negligible effect on sand skinks and 
the environment. Therefore, we have preliminarily concluded that the 
ITP for this project would qualify for categorical exclusion and the 
HCP is low effect under our NEPA regulations at 43 CFR 410.8405 and 
410.8410. 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 
reasonably 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 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 findings, 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 TE 76035D-0 to Withers, 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.

Jay Herrington,
Field Supervisor, Jacksonville Field Office.
[FR Doc. 2020-16980 Filed 8-4-20; 8:45 am]
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