[Federal Register: May 30, 2008 (Volume 73, Number 105)]
[Page 31140]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Fish and Wildlife Service

[FWS-R4-ES-2008-N0139; 40120-1112-0000-F2; ABC Code: F2]

Endangered and Threatened Wildlife and Plants; Permits

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of receipt of an application for an incidental take 
permit for the expansion of the Sun Ray Wastewater Treatment Facility, 
Polk County, Florida.


SUMMARY: We, the Fish and Wildlife Service (Service), announce the 
availability of an incidental take permit (ITP) and Habitat 
Conservation Plan (HCP). Polk County Utilities (applicants) request an 
ITP pursuant to section 10(a)(1)(B) of the Endangered Species Act of 
1973, as amended (Act). The applicants anticipate taking about 6.63 
acres of sand skink (Neopseps reynoldsi) and bluetail mole skink 
(Eumeces egregius lividus) (skinks) foraging and sheltering habitat 
incidental to construction activities associated with the expansion of 
the existing Sun Ray Wastewater Treatment Facility in Polk County, 
Florida (project). The applicants' HCP describes the mitigation and 
minimization measures proposed to address the effects of the project on 
the skinks.

DATES: We must receive your written comments on the ITP application and 
HCP on or before June 30, 2008.

information on how to submit your comments on the ITP application and 
HCP. You may obtain a copy of the ITP application and HCP by writing 
the South Florida Ecological Services Office, Attn: Permit number 
TE182090-0, U.S. Fish and Wildlife Service, 1339 20th Street, Vero 
Beach, FL 32960-3559. In addition, we will make the ITP application and 
HCP available for public inspection by appointment during normal 
business hours at the above address.

FOR FURTHER INFORMATION CONTACT: Ms. Trish Adams, Fish and Wildlife 
Biologist, South Florida Ecological Services Office (see ADDRESSES); 
telephone: (772) 562-3909, ext. 232.

SUPPLEMENTARY INFORMATION: If you wish to comment on the ITP 
application and HCP, you may submit comments by any one of the 
following methods. Please reference permit number TE182090-0 in such 
    1. Mail or hand-deliver comments to our South Florida Ecological 
Services Office address (see ADDRESSES).
    2. E-mail comments to trish_adams@fws.gov. If you do not receive a 
confirmation that we have received your e-mail message, contact us 
directly at the telephone number listed under FOR FURTHER INFORMATION 
    Before including your address, phone number, e-mail address, or 
other personal identifying information in your comments, you should be 
aware that your entire comment-including your personal identifying 
information-may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.
    Construction activities associated with the expansion of the 
existing wastewater treatment facility will take place within Sections 
7 and 18, Township 32, Range 28, Frostproof, Polk County, Florida.
    Polk County Utilities is proposing to expand the Sun Ray Wastewater 
Treatment Facility onto a 37.09 acre site adjacent to the existing 
facility that would result in the development of 6.63 acres of occupied 
skink habitat. The applicant proposes to mitigate for impacts by 
restoring and managing in perpetuity 19.9 acres of scrub habitat on 
    We have determined that the applicants' proposal, including the 
proposed mitigation and minimization measures, will have a minor or 
negligible effect on the species covered in the HCP. Therefore, the ITP 
is a ``low-effect'' project and qualifies as a categorical exclusion 
under the National Environmental Policy Act (NEPA), as provided by the 
Department of the Interior Manual (516 DM 2 Appendix 1 and 516 DM 6 
Appendix 1). Low-effect HCPs are those involving (1) minor or 
negligible effects on federally listed or candidate species and their 
habitats and (2) minor or negligible effects on other environmental 
values or resources. Based on our review of public comments that we 
receive in response to this notice, we may revise this preliminary 
    We will evaluate the HCP and comments submitted thereon to 
determine whether the application meets the requirements of section 
10(a) of the Act (16 U.S.C. 1531 et seq.). If we determine that the 
application meets the requirements, we will issue the ITP for 
incidental take of the skinks. We will also evaluate whether issuance 
of the section 10(a)(1)(B) ITP complies with section 7 of the Act by 
conducting an intra-Service section 7 consultation. We will use the 
results of this consultation, in combination with the above findings, 
in the final analysis to determine whether or not to issue the ITP.

    Authority: We provide this notice pursuant to Section 10 of the 
Endangered Species Act (16 U.S.C. 1531 et seq.) and NEPA regulations 
(40 CFR 1506.6).

    Dated: May 14, 2008.
Paul Souza,
Field Supervisor, South Florida Ecological Services Office.
 [FR Doc. E8-12067 Filed 5-29-08; 8:45 am]