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, 25007-25008 [2023-08714]

Download as PDF Federal Register / Vol. 88, No. 79 / Tuesday, April 25, 2023 / Notices proposes to donate a $2.30-per-squarefoot in-lieu fee for the 0.319-ac take to the Alabama Coastal Heritage Trust (ACHT), which will use the fee to manage, maintain, or acquire ABM habitat within the City of Orange Beach or elsewhere within the ABM’s range. The standard mitigation and minimization measures to be implemented on the site include installing sea turtle-friendly lighting and tinted windows, landscaping with native vegetation, enhancing the frontal dune area, constructing a concrete driveway that will not disperse in a storm surge, implementing refusecontrol measures during construction and requiring that future residents utilize such measures, and restoring ABM habitat after tropical storms. Freeroaming cats and the use of exterior rodenticide will be prohibited within the parcel. Post-construction ABM habitat on site should total 2.47 ac of the 2.79-ac parcel. lotter on DSK11XQN23PROD with NOTICES1 Public Availability of Comments cumulative effects to the human environment. Next Steps The Service will evaluate the application and the comments received to determine whether to issue the requested ITP. 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 PER0109456 to James Bruckmann. 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). 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. William J. Pearson, Field Supervisor, Alabama Ecological Service Field Office. Our Preliminary Determination [Docket No. FWS–R4–ES–2023–0045; FXES11140400000–234–FF04EF4000] The Service has made a preliminary determination that the applicant’s proposed project, including land clearing, infrastructure building, landscaping, and the proposed mitigation and minimization measures, would individually and cumulatively have a minor effect on the Alabama beach mouse 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 ABM 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’’ ITP 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 reasonable foreseeable actions, would not result in significant VerDate Sep<11>2014 16:47 Apr 24, 2023 Jkt 259001 [FR Doc. 2023–08716 Filed 4–24–23; 8:45 am] BILLING CODE 4333–15–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 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 Fish and Wildlife Service, Interior. ACTION: Notice of availability; request for comment. AGENCY: We, the Fish and Wildlife Service (Service), announce receipt of an application from Legacy Westside Apartments, LLC (applicant) 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) and blue-tailed mole-skink (Eumeces egregius lividus) 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 the proposed permitting action may SUMMARY: PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 25007 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 25, 2023. ADDRESSES: Obtaining Documents: You may obtain copies of the documents online in Docket No. FWS–R4–ES–2023–0045, 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–2023–0045. • U.S. Mail: Public Comments Processing, Attn: Docket No. FWS–R4– ES–2023–0045; 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), by telephone at 772–469– 4234, or by email at alfredo_begazo@ 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-ofcontact in the United States. SUPPLEMENTARY INFORMATION: We, the Fish and Wildlife Service (Service), announce receipt of an application from Legacy Westside Apartments, 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 the federally listed sand skink (Neoseps reynoldsi) and bluetailed mole-skink (Eumeces egregius lividus) (skinks) 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 proposed ITP qualifies as low E:\FR\FM\25APN1.SGM 25APN1 25008 Federal Register / Vol. 88, No. 79 / Tuesday, April 25, 2023 / Notices 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. We invite comment from the public and local, State, Tribal, and Federal agencies. 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 reasonable foreseeable actions, would not result in significant cumulative effects to the human environment. Proposed Project The applicant requests a 5-year ITP to take the two skink species via the conversion of approximately 2.86 acres (ac) of occupied nesting, foraging, and sheltering skink habitat incidental to the construction of a residential development on an 18.7-ac parcel, located in Section 7, Township 25 South, Range 27 East in Osceola County, Florida. The applicant proposes to mitigate for take of the skinks by purchasing credits equivalent to 5.72 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 construction phase of the project. Next Steps The Service will evaluate the application and the comments to determine whether to issue the requested ITP. 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 PER0607408 to Legacy Westside Apartments, LLC. 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. 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. 2023–08714 Filed 4–24–23; 8:45 am] lotter on DSK11XQN23PROD with NOTICES1 BILLING CODE 4333–15–P Our Preliminary Determination The Service has made a preliminary determination that the applicant’s proposed project—including the construction of multiple apartments, driveway, parking space, green areas, stormwater pond, and associated infrastructure (e.g., electric, water, and sewer lines)—would individually and cumulatively have a minor effect on the skinks and the 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 skinks and DEPARTMENT OF THE INTERIOR Availability of Documents Fish and Wildlife Service [Docket No. FWS–HQ–IA–2023–0042; FXIA16710900000–234–FF09A30000] Endangered Species; Marine Mammals; Issuance of Permits Fish and Wildlife Service, Interior. ACTION: Notice of issuance of permits. AGENCY: We, the U.S. Fish and Wildlife Service (Service), have issued SUMMARY: permits to conduct certain activities with endangered species, marine mammals, or both. We issue these permits under the Endangered Species Act (ESA) and Marine Mammal Protection Act (MMPA). ADDRESSES: Information about the applications for the permits listed in this notice is available online at https:// www.regulations.gov. See SUPPLEMENTARY INFORMATION for details. FOR FURTHER INFORMATION CONTACT: Brenda Tapia, by phone at 703–358– 2185 or via email at DMAFR@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-ofcontact in the United States. SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service (Service), have issued permits to conduct certain activities with endangered and threatened species in response to permit applications that we received under the authority of section 10(a)(1)(A) of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) and the Marine Mammal Protection Act, as amended (16 U.S.C. 1361 et seq.). After considering the information submitted with each permit application and the public comments received, we issued the requested permits subject to certain conditions set forth in each permit. For each application for an endangered species, we found that (1) the application was filed in good faith, (2) the granted permit would not operate to the disadvantage of the endangered species, and (3) the granted permit would be consistent with the purposes and policy set forth in section 2 of the ESA. The permittees’ original permit application materials, along with public comments we received during public comment periods for the applications, are available for review. To locate the application materials and received comments, go to https:// www.regulations.gov and search for the appropriate permit number (e.g., 12345C) provided in the following table: Endangered Species ePermit No. Applicant PER0048148 ... PER0045915 ... Clinton J. Grube .......................................................................................................... Jon M. Jacobs ............................................................................................................. VerDate Sep<11>2014 16:47 Apr 24, 2023 Jkt 259001 PO 00000 Frm 00041 Fmt 4703 Permit issuance date Sfmt 4703 January 18, 2023. January 19, 2023. E:\FR\FM\25APN1.SGM 25APN1

Agencies

[Federal Register Volume 88, Number 79 (Tuesday, April 25, 2023)]
[Notices]
[Pages 25007-25008]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08714]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[Docket No. FWS-R4-ES-2023-0045; FXES11140400000-234-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 comment.

-----------------------------------------------------------------------

SUMMARY: We, the Fish and Wildlife Service (Service), announce receipt 
of an application from Legacy Westside Apartments, LLC (applicant) 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) and blue-tailed mole-skink (Eumeces egregius 
lividus) 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 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 25, 2023.

ADDRESSES: 
    Obtaining Documents: You may obtain copies of the documents online 
in Docket No. FWS-R4-ES-2023-0045, 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-2023-0045.
     U.S. Mail: Public Comments Processing, Attn: Docket No. 
FWS-R4-ES-2023-0045; 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), by telephone at 772-469-4234, or by 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 Legacy Westside Apartments, 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 the federally listed sand skink 
(Neoseps reynoldsi) and blue-tailed mole-skink (Eumeces egregius 
lividus) (skinks) 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 proposed ITP qualifies as low

[[Page 25008]]

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. We invite comment 
from the public and local, State, Tribal, and Federal agencies.

Proposed Project

    The applicant requests a 5-year ITP to take the two skink species 
via the conversion of approximately 2.86 acres (ac) of occupied 
nesting, foraging, and sheltering skink habitat incidental to the 
construction of a residential development on an 18.7-ac parcel, located 
in Section 7, Township 25 South, Range 27 East in Osceola County, 
Florida. The applicant proposes to mitigate for take of the skinks by 
purchasing credits equivalent to 5.72 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 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 
apartments, driveway, parking space, green areas, stormwater pond, and 
associated infrastructure (e.g., electric, water, and sewer lines)--
would individually and cumulatively have a minor effect on the skinks 
and the 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 
skinks 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 
reasonable 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 ITP. 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 PER0607408 to Legacy Westside Apartments, 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. 2023-08714 Filed 4-24-23; 8:45 am]
BILLING CODE 4333-15-P

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