[Federal Register Volume 86, Number 219 (Wednesday, November 17, 2021)]
[Notices]
[Pages 64226-64227]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25049]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[Docket No. FWS-R4-ES-2021-0125; FXES11130400000EA-123-FF04EF4000]


Receipt of Incidental Take Permit Application and Proposed 
Habitat Conservation Plan for the Sand Skink, Lake 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 PKY Clermont Owner, 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 Lake 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. 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 December 17, 
2021

ADDRESSES:
    Obtaining Documents: You may obtain copies of the documents online 
in Docket No. FWS-R4-ES-2021-0125 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-2021-0125.
     U.S. mail: Public Comments Processing, Attn: Docket No. 
FWS-R4-ES-2021-0125; 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 (Service), 
announce receipt of an application from PKY Clermont Owner, LLC 
(Magnolia Pointe) 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 
commercial development (project) in Lake 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 
(NEPA; 42 U.S.C. 4231 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 5-year ITP to take sand skinks through the 
conversion of approximately 13.00 acres (ac) of occupied sand skink 
foraging and sheltering habitat incidental to the construction of a 
commercial development located on a 52.99-ac parcel in Sections 25 and 
26; Township 22 South; Range 26 East, Lake County, Florida, identified 
by Parcel ID numbers 25-22-26-0002-0000-1300, 25-22-26-0002-0000-1400, 
26-22-26-0001-0000-3000. The applicant proposes to mitigate for take of 
the sand skinks by the purchase of 26 credits from Lake Wales Ridge 
Conservation Bank or another Service-approved Conservation Bank. The 
Service would require the applicant to purchase the credits prior to 
engaging in activities associated with the project on the parcel.

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

[[Page 64227]]

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 measures, 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 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 
reasonably foreseeable similarly situated projects, would not over time 
result in significant cumulative effects to environmental values or 
resources.

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 
above 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 PER0017025 to PKY Clermont Owner, LLC.

Authority

    The Service provides this notice under section 10(c) of the ESA (16 
U.S.C. 1531 et seq.) and its implementing regulations (50 CFR 17.32) 
and NEPA (42 U.S.C. 4321 et seq.) and its implementing regulations (40 
CFR 1506.6 and 43 CFR 46.305).

Robert L. Carey,
Division Manager, Environmental Review, Florida Ecological Service 
Field Office.
[FR Doc. 2021-25049 Filed 11-16-21; 8:45 am]
BILLING CODE 4333-15-P