[Federal Register Volume 87, Number 143 (Wednesday, July 27, 2022)]
[Notices]
[Pages 45125-45126]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16051]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[Docket No. FWS-R4-ES-2022-0095; FXES11130400000-223-FF04EF4000]


Receipt of Incidental Take Permit Application and Proposed 
Habitat Conservation Plan for the Sand Skink and Blue-Tailed Mole 
Skink; Osceola 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 DR Horton (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 the construction and operation of a residential 
development in Osceola 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 August 26, 
2022.

ADDRESSES: 
    Obtaining Documents: You may obtain copies of the documents online 
in Docket No. FWS-R4-ES-2022-0095 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 one of the following methods:
     Online: https://www.regulations.gov. Follow the 
instructions for submitting comments on Docket No. FWS-R4-ES-2022-0095.
     U.S. mail: Public Comments Processing, Attn: Docket No. 
FWS-R4-ES-2022-0095; U.S. Fish and Wildlife Service, MS: PRB/3W, 5275 
Leesburg Pike, Falls Church, VA 22041-3803.

FOR FURTHER INFORMATION CONTACT: Alfredo Begazo, by U.S. mail (see 
ADDRESSES), or via phone at 772-469-4234. 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, announce 
receipt of an application from DR Horton 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 egregius lividus) (skinks) incidental to the 
construction of a residential development in Osceola County, Florida. 
We request public comment on the application, which includes the 
applicant's HCP, and on the Service's

[[Page 45126]]

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 skinks through the 
conversion of approximately 11.4 acres (ac) of occupied breeding, 
foraging, and sheltering skink habitat incidental to the construction 
of a residential development on a 58.8-ac parcel in Section 22; 
Township 25 South; Range 27 East; Osceola County, Florida. The 
applicant proposes to mitigate for take of the skinks by purchasing 
credits equivalent to 22.8 ac of skink-occupied habitat from a Service-
approved conservation bank. 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 the construction of single-family homes, 
paved roads, green areas, storm water ponds, and associated 
infrastructure (e.g., electric, water, and sewer lines) 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 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 PER0015099 to DR Horton.

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. 2022-16051 Filed 7-26-22; 8:45 am]
BILLING CODE 4333-15-P