SUPPLEMENTARY INFORMATION:

We, the U.S. Fish and Wildlife Service (Service), announce receipt of an application from FLLWCC, LLC/FLOW CC, LLC (Oakwood & Lake Wales Country Club (Vintage)) (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 threatened sand skinks ( Neopseps (= Plestiodon) reynoldsi) and blue-tailed mole skinks ( Eumeces egregius lividus) (skinks) incidental to the construction of a multi-phase residential development and associated clearing and infrastructure installation 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 the National Environmental Policy Act (NEPA; 42 U.S.C. 4321 et seq.), the Department of the Interior's (DOI) 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 Habitat Conservation Plans (HCP), 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 8.28 acres (ac) of occupied nesting, foraging, and sheltering skink habitat incidental to the construction and operation of a multi-phase residential development on 553.64 ac, on parcel numbers 28-30-05-000000-021010, 28-30-05-000000-034020, 28-30-05-000000-014010, 28-30-05-000000-013020, 28-30-05-000000-011020, 28-30-05-000000-011090, 28-30-05-000000-011060, 28-30-05-000000-011030, 28-29-32-937720-020211, 28-29-32-937720-020041, 28-29-32-937720-020171, 28-29-32-937720-020201, 28-29-32-937720-020051, and 28-29-32-937720-030291 in Sections 5, 6, 31, and 32, Township 29 and 30 South, Range 28 East, Polk County, Florida.

The applicant proposes to mitigate for take of the skinks by purchasing credits equivalent to 16.56 ac of skink-occupied habitat in the Lake Wales Ridge Conservation Bank or another Service approved skink conservation bank. The Service would require the applicant to purchase the credits 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 a multi-phase residential development and the associated clearing and infrastructure, would have a minor effect on skinks and the human environment and that extraordinary ( printed page 24913) circumstances in 43 CFR 46.215 do not 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 individual or cumulative effects on species covered in the HCP; (2) no significant effect 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 PER21381462 to FLLWCC, LLC/FLOW CC, LLC (Oakwood & Lake Wales Country Club (Vintage)).

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 hard copy 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.), its implementing regulations (50 CFR 17.32), National Environmental Policy Act (42 U.S.C. 4321 et seq.), as amended, and the and the Department of Interior's implementing regulations (43 CFR part 46).

91 FR 24912