SUPPLEMENTARY INFORMATION:

We, the Fish and Wildlife Service, announce receipt of an application from CBD Land Investors, LLC (applicant), for an 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 (= Plestiodon) reynoldsi) and blue-tailed mole skink ( Eumeces egregius lividus) (skinks) incidental to the construction and operation of a residential development in Polk County, Florida. We request public comment on the application, which includes the applicant's HCP, and on the Service's preliminary determination that this proposed ITP may qualify for a categorical exclusion pursuant to NEPA (42 U.S.C. 4321 et seq.), the DOI's NEPA regulations (43 CFR part 46), and the DOI's Departmental Manual DM (516 DM 8.5(C)(2)). To make this preliminary determination, we prepared a draft screening form and NEPA statement for HCPs, both of which are available for public review.

Proposed Project

The applicant requests a 10-year ITP to take skinks via the conversion of approximately 2.56 acres (ac) of occupied nesting, foraging, and sheltering skink habitat incidental to the construction of a residential development on a 76.94 ac parcel located at 1615 Burns Avenue in Section 31, Township 29 South, Range 28 East, Lake Wales, Polk County, Florida. The applicant proposes to mitigate for take of skinks through the purchase of 5.12 ac of conservation credits (in accordance with the Service's 2:1 mitigation ratio guidelines) from a Service-authorized conservation bank prior to engaging in any phase of the project.

Our Preliminary Determination

The Service has made a preliminary determination that reasonably foreseeable effects of the applicant's proposed project, including the construction of the residential development and associated infrastructure ( e.g., electric, water, and sewer lines), would have a minor effect on the skinks and the human environment, and no extraordinary circumstances in 43 CFR 43.215 apply. Reasonably foreseeable effects encompass effects of implementation of the action including effects of the action in addition to other past, present, and reasonably foreseeable future effects.

Therefore, we have preliminarily determined that the proposed ESA section 10(a)(1)(B) permit would be a low-effect ITP that may qualify for application of a categorical exclusion (516 DM 8.5(C)(2)), pursuant to NEPA, the DOI's NEPA regulations, and the DOI DM. A low-effect ITP is one that would result in (1) negligible or minor effects on species covered in the HCP; (2) no significant effects on the human environment; and (3) reasonably foreseeable effects that would not result in significant 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 PER13677945 to CBD Land Investors, 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. If you submit a comment at https://www.regulations.gov, your entire comment, including any personal identifying information, will be posted on the website. If you submit a hardcopy comment that includes personal identifying information, such as your address, phone number, or email address, you may request at the top of your document that we withhold this information from public review. However, we cannot guarantee that we will be able to do so. Moreover, all submissions from organizations or businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, will be made available for public disclosure in their entirety.

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), NEPA (42 U.S.C. 4321 et seq.), as amended, and the DOI's implementing regulations (43 CFR part 46).

90 FR 44088