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)

Page Range		9861-9861
FR Document		2018-04652

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 Issue 46 (Thursday, March 8, 2018)

[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

Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Notices 9861

cost burden associated with this office address listed above under U.S. Conservation Bank or another Service-
collection of information is $0. mail. You may inspect the application, approved sand skink conservation bank.
Dated: March 1, 2018. HCP, environmental action statement, or
low-effect screening form by Our Preliminary Determination
Samantha Deshommes,
appointment during normal business We have determined that the
Chief, Regulatory Coordination Division,
Office of Policy and Strategy, U.S. Citizenship
hours at the same address. applicant’s proposed plan, including the
and Immigration Services, Department of FOR FURTHER INFORMATION CONTACT: Erin proposed mitigation and minimization
Homeland Security. M. Gawera, telephone: (904) 731–3121; measures, would have minor or
[FR Doc. 2018–04643 Filed 3–7–18; 8:45 am] email: erin_gawera@fws.gov. negligible effects on the covered species
BILLING CODE 9111–97–P SUPPLEMENTARY INFORMATION: and the environment so as to be ‘‘low
effect’’ and qualify for categorical
Background
exclusion under the National
DEPARTMENT OF THE INTERIOR Section 9 of the Endangered Species Environmental Policy Act (NEPA), as
Act (16 U.S.C. 1531 et seq.; ESA) and provided by 43 CFR 46.205 and 46.210.
Fish and Wildlife Service our implementing regulations in the A low-effect HCP is one involving (1)
[FWS–R4–ES–2017–N175; FXES111304000
Code of Federal Regulations (CFR) at 50 minor or negligible effects on federally
00EA–123–FF04EF1000] CFR part 17 prohibit the ‘‘take’’ of fish listed or candidate species and their
or wildlife species listed as endangered habitats, and (2) minor or negligible
Endangered and Threatened Wildlife or threatened. Take of listed fish or effects on other environmental values or
and Plants; Availability of Proposed wildlife is defined under the ESA as ‘‘to resources.
Low-Effect Habitat Conservation Plan harass, harm, pursue, hunt, shoot,
for the Sand Skink, Orange County, FL wound, kill, trap, capture, or collect, or Next Steps
to attempt to engage in any such
AGENCY: Fish and Wildlife Service, conduct’’ (16 U.S.C. 1532(19)). We will evaluate the HCP and
Interior. However, under limited circumstances, comments we receive to determine
ACTION: Notice of availability; request we issue permits to authorize incidental whether the ITP application meets the
for comments. take—i.e., take that is incidental to, and requirements of section 10(a) of the
not the purpose of, the carrying out of ESA. We will also conduct an intra-
SUMMARY: We, the U.S. Fish and an otherwise lawful activity. Service consultation to evaluate take of
Wildlife Service (Service), have received Regulations governing incidental take the sand skink in accordance with
an application for an incidental take permits for endangered and threatened section 7 of the ESA. We will use the
permit (ITP) under the Endangered species are at 50 CFR 17.22 and 17.32, results of the consultation, in
Species Act of 1973, as amended. DR respectively. The ESA’s take combination with the above findings, in
Horton, Inc. (applicant), is requesting a prohibitions do not apply to federally our analysis of whether or not to issue
5-year ITP for take of the federally listed listed plants on private lands unless the ITP. If the requirements are met, we
sand skink. We request public such take would violate State law. In will issue ITP number TE59070C–0 to
comments on the permit application addition to meeting other criteria, the the applicant.
and accompanying proposed habitat take authorized by an incidental take
conservation plan as well as on our Public Comments
permit must not jeopardize the
preliminary determination that the plan existence of federally listed fish, If you wish to comment on the permit
qualifies as low effect under the wildlife, or plants.
National Environmental Policy Act. To application, HCP, or associated
make this determination, we used our Applicant’s Proposal documents, you may submit comments
environmental action statement and by any one of the methods listed in
DR Horton, Inc., is requesting an ADDRESSES.
low-effect screening form, which are incidental take permit (ITP) to take sand
also available for review. skink (Neoseps reynoldsi) through the Public Availability of Comments
DATES: To ensure consideration, please permanent destruction of approximately
send your written comments by April 9, 2.8 acres (ac) of occupied foraging and Before including your address, phone
2018. sheltering habitat incidental to the number, email address, or other
ADDRESSES: You may submit written widening of Avalon Road (CR 545) in personal identifying information in your
comments and request copies of the Orange County, Florida. The 60.4-ac comment, you should be aware that
application, HCP, environmental action habitat conservation plan (HCP) project your entire comment—including your
statement, or low-effect screening form site is located on Avalon Road, starting personal identifying information—may
by any one of the following methods: at the intersection of Schofield Road be made publicly available at any time.
Email: northflorida@fws.gov. Use and Avalon Road and ending While you can ask us in your comment
‘‘Attn: Permit number TE59070C–0’’ as approximately 4.0 miles north of U.S. to withhold your personal identifying
your subject line. 192, within sections 5, 8, 17, and 32, information from public review, we
Fax: Field Supervisor, (904) 731– Townships 23 and 24 South, Range 27 cannot guarantee that we will be able to
3191, ‘‘Attn: Permit number East in Orange County. The project do so.
TE59070C–0.’’ activities include the clearing, Authority: We provide this notice under
U.S. mail: Field Supervisor, infrastructure building, and landscaping
sradovich on DSK3GMQ082PROD with NOTICES

section 10 of the ESA and NEPA regulation
Jacksonville Ecological Services Field associated with road widening. The 40 CFR 1506.6.
Office, Attn: Permit number sand skink will likely be subjected to
TE59070C–0, U.S. Fish and Wildlife take in the form of injury, mortality, Jay B. Herrington,
Service, 7915 Baymeadows Way, Suite and/or loss of habitat. Applicant Field Supervisor, Jacksonville Field Office,
200, Jacksonville, FL 32256. proposes to mitigate for the take of the Southeast Region.
In-person: You may deliver comments species by purchasing 5.6 mitigation [FR Doc. 2018–04652 Filed 3–7–18; 8:45 am]
during regular business hours at the credits within the Lake Wales Ridge BILLING CODE 4333–15–P

VerDate Sep<11>2014 16:51 Mar 07, 2018 Jkt 244001 PO 00000 Frm 00037 Fmt 4703 Sfmt 9990 E:\FR\FM\08MRN1.SGM 08MRN1

Document Created: 2018-03-08 01:47:23
Document Modified: 2018-03-08 01:47:23

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of availability; request for comments.
Dates		To ensure consideration, please send your written comments by April 9, 2018.
Contact		Erin M. Gawera, telephone: (904) 731- 3121; email: [email protected]
FR Citation		83 FR 9861

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 INTERIORFish and Wildlife Service

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

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service