Notices. Notice of availability; request for comment and information
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/register/2021/05/07/2021-09683·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
BILLING CODE 4333-55-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [Docket No. FWS-R4-ES-2021-0038; FXES11140400000-212-FF04EF4000] Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for the Sand Skink, Lake 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 TSG Development, Inc. (applicant) for an incidental take permit
(ITP)under the Endangered Species Act. The applicant requests the ITP to take the federally listed sand skink incidental to construction in Lake 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 on or before June 7, 2021. ADDRESSES: *Obtaining Documents:* You may obtain copies of the documents online in Docket No. FWS-R4-ES-2021-0038 at *http://www.regulations.gov.* *Submitting Comments:* If you wish to submit comments on any of the documents, you may do so in writing by any of the following methods: • *Online: http://www.regulations.gov.* Follow the instructions for submitting comments on Docket No. FWS-R4-ES-2021-0038. • *U.S. mail:* Public Comments Processing, Attn: Docket No. FWS-R4-ES-2021-0038; U.S. Fish and Wildlife Service, MS: PRB/3W, 5275 Leesburg Pike, Falls Church, VA 22041-3803. FOR FURTHER INFORMATION CONTACT: Erin M. Gawera, by telephone at
(904)731-3121 or via email at *erin_gawera@fws.gov.* Individuals who are hearing or speech impaired may call the Federal Relay Service at 1-800-877-8339 for TTY assistance. SUPPLEMENTARY INFORMATION: We, the Fish and Wildlife Service (Service), announce receipt of an application from TSG Development, Inc. 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* ) incidental to the construction of an industrial warehouse complex (project) in Lake County, Florida. We request public comment on the application, which includes the applicant's proposed habitat conservation plan (HCP), and on 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. 4231 *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 The applicant requests a 5-year ITP to take sand skinks through the conversion of approximately 14.5 acres
(ac)of occupied sand skink foraging and sheltering habitat incidental to the construction of an industrial warehouse complex located on a 36.51-ac parcel in Section 26; Township 22 South; Range 26 East, Lake County, Florida, identified by Parcel ID numbers 09-22-26-1100-041-00001 and 09-22-26-1100-055-00001. The applicant proposes to mitigate for take of the sand skinks by the purchase of 29.0 credits from Lake Wales Ridge Conservation Bank or another Service-approved Conservation Bank. The Service would require the applicant to purchase the credits prior to engaging in activities associated with the project 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, infrastructure building, landscaping, and the proposed mitigation measures, would individually and cumulatively have a minor or negligible effect on sand skinks 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 reasonably 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 PER0002663 to TSG Development, Inc. Authority The Service provides this notice under section 10(c) of the ESA (16 U.S.C. 1531 *et seq.* ) and its implementing regulations (50 CFR 17.32) and NEPA (42 U.S.C. 4321 *et seq.* ) and its implementing regulations (40 CFR 1506.6 and 43 CFR 46.305). Jay Herrington, Field Supervisor, Jacksonville Field Office. [FR Doc. 2021-09683 Filed 5-6-21; 8:45 am]
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5 references not yet in our index
- 42 USC 4231
- 43 CFR 46.205
- 50 CFR 17.32
- 40 CFR 1506.6
- 43 CFR 46.305
Citation graph
cites case law
Notices
Notice of availability; request for comment and information
Cite42 USC 4231
Cite43 CFR 46.205
Cite50 CFR 17.32
Cite40 CFR 1506.6
Cite43 CFR 46.305
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