[Federal Register Volume 88, Number 81 (Thursday, April 27, 2023)]
[Notices]
[Pages 25672-25673]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08918]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS-R4-ES-2023-0060; FXES11140400000-234-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 and information.
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SUMMARY: We, the Fish and Wildlife Service (Service), announce receipt
of an application from Ashton Orlando Residential, LLC (applicant; Lake
Dennis project) for an incidental take permit (ITP) under the
Endangered Species Act. The applicant requests the ITP to take the
federally listed sand skink (Neoseps reynoldsi) incidental to the
construction of a residential development 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 May 30, 2023.
ADDRESSES:
Obtaining Documents: You may obtain copies of the documents online
in Docket No. FWS-R4-ES-2023-0060; 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-2023-0060;
U.S. Mail: Public Comments Processing, Attn: Docket No.
FWS-R4-ES-2023-0060; U.S. Fish and Wildlife Service, MS: PRB/3W, 5275
Leesburg Pike, Falls Church, VA 22041-3803.
[[Page 25673]]
FOR FURTHER INFORMATION CONTACT: Erin Gawera, by U.S. mail (see
ADDRESSES), by telephone at 904-731-3121 or via email at
erin_gawera@fws.gov. 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 Ashton Orlando Residential, LLC
(applicant; Lake Dennis project) 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) (skink) incidental to the
construction and operation of a residential development 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
(DOI) NEPA regulations (43 CFR 46), and the DOI 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 4.90 acres (ac) of occupied nesting,
foraging, and sheltering skink habitat incidental to the construction
and operation of a residential development on a 45.19-ac parcel in
Section 18, Township 24 South, Range 27 East, Orange County, Florida.
The applicant proposes to mitigate for take of the skinks by purchasing
credits equivalent to 9.80 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 construction 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 proposed project--including the construction of multiple
single-family residences, driveways, parking spaces, green areas,
stormwater ponds, and associated infrastructure (e.g., electric, water,
and sewer lines)--would individually and cumulatively have a minor
effect on the human environment. 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 (40
CFR 1501.4), DOI's NEPA regulations, and the DOI Departmental Manual
(516 DM 8.5(C)(2)). A ``low-effect'' incidental take permit is one that
would result in (1) minor or negligible 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 PER 0055690 to Ashton Orlando
Residential, LLC.
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 1500-
1508 and 43 CFR 46).
Robert L. Carey,
Division Manager, Environmental Review, Florida Ecological Services
Office.
[FR Doc. 2023-08918 Filed 4-26-23; 8:45 am]
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