[Federal Register Volume 87, Number 92 (Thursday, May 12, 2022)]
[Notices]
[Pages 29174-29175]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-10177]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[Docket No. FWS-R4-ES-2022-0047; FXES11130400000-223-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 comments and information.

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SUMMARY: We, the Fish and Wildlife Service (Service), announce receipt 
of an application from Kurly Key Properties, LLC (dba KB Home Orlando, 
LLC/Hills at Mt. Dora) (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 the construction of 
a residential development 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. 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 June 13, 
2022.

ADDRESSES: 
    Obtaining Documents: You may obtain copies of the documents online 
in Docket No. FWS-R4-ES-2022-0047 at https://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: https://www.regulations.gov. Follow the 
instructions for submitting comments on Docket No. FWS-R4-ES-2022-0047.
     U.S. mail: Public Comments Processing, Attn: Docket No. 
FWS-R4-ES-2022-0047; U.S. Fish and Wildlife Service, MS: JAO/3W, 5275 
Leesburg Pike, Falls Church, VA 22041-3803.

FOR FURTHER INFORMATION CONTACT: Erin M. Gawera, by U.S. mail (see 
ADDRESSES) or via phone at 904-731-3121. Individuals in the United 
States who are deaf, deafblind, hard of hearing, or have 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 Fish and Wildlife Service (Service), 
announce receipt of an application from Kurly Key Properties, LLC (dba 
KB Home Orlando, 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

[[Page 29175]]

the federally listed sand skink (Neoseps reynoldsi) incidental to the 
construction of a residential development (project) in Lake 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 5-year ITP to take sand skinks through the 
conversion of approximately 0.63 acres (ac) of occupied sand skink 
foraging and sheltering habitat incidental to the construction of a 
residential development on a 20.00-ac parcel in Section 33, Township 19 
South, Range 27 East, Lake County, Florida, identified by Parcel ID 
numbers 33-19-27-0003-0000-2400 and 33-19-27-0003-0000-2500. The 
applicant proposes to mitigate for take of the sand skinks by the 
purchase of 1.26 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 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 ground disturbance and site preparation activities, 
along with the proposed mitigation measures--would individually and 
cumulatively have a minor or negligible effect on the sand skink and 
the environment. Therefore, we have preliminarily concluded that the 
ITP for this project would qualify for categorical exclusion and that 
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 
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 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 PER0021750 to Kurly Key 
Properties, LLC (dba KB Home Orlando, 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 Services 
Office.
[FR Doc. 2022-10177 Filed 5-11-22; 8:45 am]
BILLING CODE 4333-15-P