83 FR 9861 - Endangered and Threatened Wildlife and Plants; Availability of Proposed Low-Effect Habitat Conservation Plan for the Sand Skink, Orange County, FL

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 83, Issue 46 (March 8, 2018)

We, the U.S. Fish and Wildlife Service (Service), have received an application for an incidental take permit (ITP) under the Endangered Species Act of 1973, as amended. DR Horton, Inc. (applicant), is requesting a 5-year ITP for take of the federally listed sand skink. We request public comments on the permit application and accompanying proposed habitat conservation plan as well as on our preliminary determination that the plan qualifies as low effect under the National Environmental Policy Act. To make this determination, we used our environmental action statement and low-effect screening form, which are also available for review.

[Federal Register Volume 83, Number 46 (Thursday, March 8, 2018)]
[Notices]
[Page 9861]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-04652]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R4-ES-2017-N175; FXES11130400000EA-123-FF04EF1000]


Endangered and Threatened Wildlife and Plants; Availability of 
Proposed Low-Effect Habitat Conservation Plan for the Sand Skink, 
Orange County, FL

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comments.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have 
received an application for an incidental take permit (ITP) under the 
Endangered Species Act of 1973, as amended. DR Horton, Inc. 
(applicant), is requesting a 5-year ITP for take of the federally 
listed sand skink. We request public comments on the permit application 
and accompanying proposed habitat conservation plan as well as on our 
preliminary determination that the plan qualifies as low effect under 
the National Environmental Policy Act. To make this determination, we 
used our environmental action statement and low-effect screening form, 
which are also available for review.

DATES: To ensure consideration, please send your written comments by 
April 9, 2018.

ADDRESSES: You may submit written comments and request copies of the 
application, HCP, environmental action statement, or low-effect 
screening form by any one of the following methods:
    Email: [email protected]. Use ``Attn: Permit number TE59070C-0'' 
as your subject line.
    Fax: Field Supervisor, (904) 731-3191, ``Attn: Permit number 
TE59070C-0.''
    U.S. mail: Field Supervisor, Jacksonville Ecological Services Field 
Office, Attn: Permit number TE59070C-0, U.S. Fish and Wildlife Service, 
7915 Baymeadows Way, Suite 200, Jacksonville, FL 32256.
    In-person: You may deliver comments during regular business hours 
at the office address listed above under U.S. mail. You may inspect the 
application, HCP, environmental action statement, or low-effect 
screening form by appointment during normal business hours at the same 
address.

FOR FURTHER INFORMATION CONTACT: Erin M. Gawera, telephone: (904) 731-
3121; email: [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    Section 9 of the Endangered Species Act (16 U.S.C. 1531 et seq.; 
ESA) and our implementing regulations in the Code of Federal 
Regulations (CFR) at 50 CFR part 17 prohibit the ``take'' of fish or 
wildlife species listed as endangered or threatened. Take of listed 
fish or wildlife is defined under the ESA as ``to harass, harm, pursue, 
hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to 
engage in any such conduct'' (16 U.S.C. 1532(19)). However, under 
limited circumstances, we issue permits to authorize incidental take--
i.e., take that is incidental to, and not the purpose of, the carrying 
out of an otherwise lawful activity.
    Regulations governing incidental take permits for endangered and 
threatened species are at 50 CFR 17.22 and 17.32, respectively. The 
ESA's take prohibitions do not apply to federally listed plants on 
private lands unless such take would violate State law. In addition to 
meeting other criteria, the take authorized by an incidental take 
permit must not jeopardize the existence of federally listed fish, 
wildlife, or plants.

Applicant's Proposal

    DR Horton, Inc., is requesting an incidental take permit (ITP) to 
take sand skink (Neoseps reynoldsi) through the permanent destruction 
of approximately 2.8 acres (ac) of occupied foraging and sheltering 
habitat incidental to the widening of Avalon Road (CR 545) in Orange 
County, Florida. The 60.4-ac habitat conservation plan (HCP) project 
site is located on Avalon Road, starting at the intersection of 
Schofield Road and Avalon Road and ending approximately 4.0 miles north 
of U.S. 192, within sections 5, 8, 17, and 32, Townships 23 and 24 
South, Range 27 East in Orange County. The project activities include 
the clearing, infrastructure building, and landscaping associated with 
road widening. The sand skink will likely be subjected to take in the 
form of injury, mortality, and/or loss of habitat. Applicant proposes 
to mitigate for the take of the species by purchasing 5.6 mitigation 
credits within the Lake Wales Ridge Conservation Bank or another 
Service-approved sand skink conservation bank.

Our Preliminary Determination

    We have determined that the applicant's proposed plan, including 
the proposed mitigation and minimization measures, would have minor or 
negligible effects on the covered species and the environment so as to 
be ``low effect'' and qualify for categorical exclusion under the 
National Environmental Policy Act (NEPA), as provided by 43 CFR 46.205 
and 46.210. A low-effect HCP is one 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.

Next Steps

    We will evaluate the HCP and comments we receive to determine 
whether the ITP application meets the requirements of section 10(a) of 
the ESA. We will also conduct an intra-Service consultation to evaluate 
take of the sand skink in accordance with section 7 of the ESA. We will 
use the results of the consultation, in combination with the above 
findings, in our analysis of whether or not to issue the ITP. If the 
requirements are met, we will issue ITP number TE59070C-0 to the 
applicant.

Public Comments

    If you wish to comment on the permit application, HCP, or 
associated documents, you may submit comments by any one of the methods 
listed in ADDRESSES.

Public Availability of Comments

    Before including your address, phone number, email address, or 
other personal identifying information in your comment, 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.

    Authority:  We provide this notice under section 10 of the ESA 
and NEPA regulation 40 CFR 1506.6.

Jay B. Herrington,
Field Supervisor, Jacksonville Field Office, Southeast Region.
[FR Doc. 2018-04652 Filed 3-7-18; 8:45 am]
 BILLING CODE 4333-15-P