[Federal Register Volume 89, Number 121 (Monday, June 24, 2024)]
[Notices]
[Pages 52491-52492]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13754]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[Docket No. FWS-R4-ES-2024-0086; FXES11140400000-245-FF04EF4000]


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 comments.

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SUMMARY: We, the Fish and Wildlife Service (Service), announce receipt 
of an application from Columnar Partnership Holding I, LLC (Withers 
Elementary School) (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 
an elementary school in Orange 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 the proposed permitting action may be eligible for a 
categorical exclusion pursuant to the Council on Environmental 
Quality's National Environmental Policy Act (NEPA) regulations, the 
Department of the Interior's (DOI) NEPA regulations, and the DOI 
Departmental Manual. To make this preliminary determination, we 
prepared a draft environmental action statement and low-effect 
screening form, both of which are also available for public review. We 
invite comment from the public and local, State, Tribal, and Federal 
agencies.

DATES: We must receive your written comments on or before July 24, 
2024.

ADDRESSES: 
    Obtaining Documents: The documents this notice announces, as well 
as any comments and other materials that we receive, will be available 
for public inspection online in Docket No. FWS-R4-ES-2024-0086 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-2024-0086.
     U.S. mail: Public Comments Processing, Attn: Docket No. 
FWS-R4-ES-2024-0086; U.S. Fish and Wildlife Service, MS: PRB/3W, 5275 
Leesburg Pike, Falls Church, VA 22041-3803.

FOR FURTHER INFORMATION CONTACT: Erin Gawera, by U.S. mail (see 
ADDRESSES), by telephone at 904-404-2464, or via email at 
[email protected]. 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 Columnar Partnership Holding I, 
LLC (Withers Elementary School) (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 
sand skink (Neoseps reynoldsi) (skink), listed as threatened under the 
ESA, incidental to the construction and operation of an elementary 
school in Orange County, Florida. We request public comment on the 
application, which includes the applicant's habitat conservation plan 
(HCP), and on the Service's preliminary determination that this 
proposed ITP qualifies as low effect, and may qualify for a categorical 
exclusion pursuant to the Council on Environmental Quality's National 
Environmental Policy Act (NEPA) regulations (40 CFR 1501.4), the 
Department of the Interior's (DOI) NEPA regulations (43 CFR 46), and 
the DOI's Departmental Manual (516 DM 8.5(C)(2)). To make this 
preliminary determination, we prepared a draft environmental action 
statement and low-effect screening form, both of which are also 
available for public review.

Proposed Project

    The applicant requests a 5-year ITP to take skinks via the 
conversion of approximately 0.7 acres (ac) of occupied nesting, 
foraging, and sheltering skink habitat incidental to the construction 
and operation of an elementary school on 15.00 ac on Parcel #29-24-27-
7805-19-002 in Section 29, Township 24 South, Range 27 East, Orange 
County, Florida. The applicant proposes to mitigate for take of the 
skinks by purchasing credits equivalent to 1.40 ac of skink-occupied 
habitat within the 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 any phase of the 
project.

Our Preliminary Determination

    The Service has made a preliminary determination that the 
applicant's proposed project--including the construction of the 
buildings and associated infrastructure (e.g., electric, water, and 
sewer lines)--would individually and cumulatively have a minor effect 
on the skinks and the human environment. Therefore, we have 
preliminarily determined that the proposed ESA section 10(a)(1)(B) 
permit would be a low-effect ITP that individually or cumulatively 
would have a minor effect on the sand skink and may qualify for 
application of a categorical exclusion pursuant to the Council on 
Environmental Quality's NEPA regulations, DOI's NEPA regulations, and 
the DOI Departmental Manual. A low-effect incidental take permit is one 
that would result in (1) minor or nonsignificant effects on species 
covered in the HCP; (2) nonsignificant effects on the human 
environment; and (3) impacts that, when added together with the impacts 
of other past, present, and reasonably foreseeable actions, would not 
result in significant cumulative effects to the human environment.

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 PER6167047 to Columnar 
Partnership Holding I, LLC (Withers Elementary School).

[[Page 52492]]

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. If you submit a comment at https://www.regulations.gov, your entire comment, including any personal 
identifying information, will be posted on the website. If you submit a 
hardcopy comment that includes personal identifying information, such 
as your address, phone number, or email address, you may request at the 
top of your document that we withhold this information from public 
review. However, we cannot guarantee that we will be able to do so. 
Moreover, all submissions from organizations or businesses, and from 
individuals identifying themselves as representatives or officials of 
organizations or businesses, will be made available for public 
disclosure in their entirety.

Authority

    The Service provides this notice under section 10(c) of the 
Endangered Species Act (16 U.S.C. 1531 et seq.) and its implementing 
regulations (50 CFR 17.32) and the National Environmental Policy Act 
(42 U.S.C. 4321 et seq.) and its implementing regulations (40 CFR part 
1500-1508 and 43 CFR part 46).

Robert L. Carey,
Manager, Division of Environmental Review, Florida Ecological Services 
Field Office.
[FR Doc. 2024-13754 Filed 6-21-24; 8:45 am]
BILLING CODE 4333-15-P