Tap any paragraph to write a margin note. Your notes collect in the Desk below the text and file under cases with @. The side-by-side margin rail opens on a larger screen.

Code · REGISTER · 2019-10-22 · Fish and Wildlife Service, Interior · Notices

Notices. Notice of availability; request for comment and information

934 words·~4 min read·/register/2019/10/22/2019-23015

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

BILLING CODE 4333-15-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS-R4-ES-2019-N146; FXES11140400000-190-FF04EF2000] Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for the Sand Skink, Blue-Tailed Mole Skink, and Florida Scrub-Jay, Highlands County, FL; Categorical Exclusion AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of availability; request for comment and information. SUMMARY: We, the Fish and Wildlife Service (Service), announce receipt of an application from Palmetto Lake Placid-Lakes Blvd., LLC (applicant) for an incidental take permit
(ITP)under the Endangered Species Act. The applicant requests an ITP to take the federally listed sand skink, blue-tailed mole skink, and Florida scrub-jay incidental to construction in Highlands County, Florida. We request public comment on the application, which includes the applicant's proposed habitat conservation plan (HCP), and the Service's preliminary determination that this HCP qualifies as “low-effect,” categorically excluded, under the National Environmental Policy Act. To make this determination, we used our environmental action statement and low-effect screening form, both of which are also available for public review. DATES: We must receive your written comments by November 21, 2019. ADDRESSES: *Obtaining Documents:* You may obtain copies of the documents by any of the following methods: • *Telephone:* Heather Hitt, 772-469-4267. • *Email: heather_hitt@fws.gov.* • *U.S. mail:* Heather Hitt, South Florida Ecological Services Field Office, Attn: Permit number TE50012D-0, U.S. Fish and Wildlife Service, 1339 20th Street, Vero Beach, FL 32960-3559. • *In person:* The documents may be reviewed by appointment during normal business hours at the above address. Please call to make an appointment. • *Fax:* Heather Hitt, 772-562-4288, Attn.: Permit number TE50012D-0. *Submitting Comments:* If you wish to submit comments on any of the documents, you may do so in writing via the above email address, U.S. mail address, or fax number, or you may hand-deliver comments to the above address during regular business hours. FOR FURTHER INFORMATION CONTACT: Heather Hitt, by U.S. mail (see ADDRESSES ) or via phone at 772-469-4267. Individuals who are hearing impaired or speech impaired may call the Federal Relay Service at 800-877-8339 for TTY assistance. SUPPLEMENTARY INFORMATION: We, the Fish and Wildlife Service, announce receipt of an application from Palmetto Lake Placid-Lakes Blvd., 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) and Florida scrub-jay ( *Aphelocoma coerulescens* ) (scrub-jays) incidental to the construction of a commercial development (project) in Highlands County, Florida. We request public comment on the application, which includes the applicant's proposed habitat conservation plan
(HCP)and the Service's preliminary determination that this HCP qualifies as “low-effect,” categorically excluded under the National Environmental Policy Act (NEPA; 42 U.S.C. 4321 *et seq.* ). To make this determination, we used our environmental action statement and low-effect screening form, both of which are also available for public review. Project Palmetto Lake Placid-Lakes Blvd., LLC requests a 5-year ITP to take skinks and scrub-jays incidental to the conversion of approximately 1.51 acres of occupied skink and scrub-jay foraging and sheltering habitat for the construction of a commercial development located on a 151-acre parcel in Sections 10 and 15, Township 37 South, Range 29 East, Highlands County, Florida. The applicant proposes to mitigate for take of the skinks and scrub-jays by purchasing credits equivalent to 3.02 acres of skink-occupied habitat from the Backbone Conservation Bank and to 3.02 acres of scrub-jay occupied habitat from the Tippen Bay Scrub-Jay Conservation Bank. The Service would require the applicant to purchase the credits prior to engaging in land clearing activities on the parcel. 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 project, including land clearing, construction of the commercial development, and the proposed mitigation measure, would individually and cumulatively have a minor or negligible effect on skinks, scrub-jays, and the environment. Therefore, we have preliminarily concluded that the ITP for this project would qualify for categorical exclusion and the HCP is low effect under our NEPA regulations at 43 CFR 46.205 and 46.210. A low-effect HCP is one that would result in
(1)minor or negligible effects on federally listed, proposed, and candidate species and their habitats;
(2)minor or negligible effects on other environmental values or resources; and
(3)impacts that, when considered together with the impacts of other past, present, and reasonable foreseeable similarly situated projects, would not over time result in significant cumulative effects to environmental values or resources. Next Steps The Service will evaluate the application and the comments received to determine whether to issue the requested permit. 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 above findings, 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 TE50012D-0 to Palmetto Lake Placid-Lakes Blvd., LLC. Authority The Service provides this notice under section 10(c) (16 U.S.C. 1539(c)) of the ESA and NEPA regulation 40 CFR 1506.6. Roxanna Hinzman, Field Supervisor, South Florida Ecological Services Office. [FR Doc. 2019-23015 Filed 10-21-19; 8:45 am]
Connectionstraces to 3
2 references not yet in our index
  • 43 CFR 46.205
  • 40 CFR 1506.6
Citation graph
cites case law
Notices
Notice of availability; request for comment and information
Cite43 CFR 46.205
Cite40 CFR 1506.6
Cites 5Cited by 0 across 0 sources
★   the supreme law of the land   ★
Don't Tread on Me
E Pluribus Unum — out of many, one

"If you don't know your rights, you don't have any."

Marginalia · a citizen's law index
A research desk, not legal advice. Always read the cited source before relying on a summary.
Questions or an issue? support@self-law.org
disclaimerMarginalia is a research index, not a law firm. Nothing on this site is legal, tax, or financial advice and no attorney–client relationship is formed by using it. Statutes, regulations, and case law change; summaries, search results, AI output, and member posts may be incomplete, out of date, or wrong. Any interpretation drawn from material on this site should be validated by a licensed attorney in your jurisdiction before you act on it.