Federal Register / Vol. 85, No. 95 / Friday, May 15, 2020 / Notices 29475

Background or degradation that actually kills or land uses already in operation in the injures listed wildlife by significantly Wash, covering an area totaling 166.9 Section 9 of the ESA prohibits the impairing essential behavioral patterns, acres; and ‘‘take’’ of fish and wildlife including breeding, feeding, and • Expansion or enhancement of federally listed as endangered without sheltering (50 CFR 17.3). Under limited facilities planned for the Wash area, special exemption. Federal regulations circumstances, we may issue permits to totaling 634.1 acres. promulgated under section 4(d) of the authorize take that is incidental to and Habitat Conservation Plan Covered ESA may also prohibit take of fish and not the purpose of otherwise lawful Species wildlife species federally listed as activities. threatened. Take of the coastal The proposed ITPs would cover five California gnatcatcher (the only Habitat Conservation Plan Covered species. Incidental take authorization threatened animal species covered by Activities would be provided under the ITPs for the HCP) is prohibited by regulation. The Service’s proposed action is to the wildlife species; the species ‘‘Take’’ of federally listed fish or issue ITPs to the applicants consistent are included in recognition of the wildlife is defined under the ESA as to with the Upper Wash conservation measures provided under harass, harm, pursue, hunt, shoot, HCP. The HCP covers two types of the HCP and to provide No Surprises wound, kill, trap, capture, or collect activities in the Upper Santa Ana River assurances to the applicants for the listed species, or attempt to engage in Wash Plan project area: covered under 50 CFR such conduct (16 U.S.C. 1538). ‘‘Harm’’ • Activities related to the operations 17.22(b)(5). The applicant’s HCP includes significant habitat modification and maintenance of existing facilities or includes the following species:

Species Federal listing status

Coastal California gnatcatcher (Polioptila californica californica) ...... Threatened. San Bernardino kangaroo rat (Dipodomys merriami parvus) ...... Endangered. Cactus wren (Campylorhynchus brunneicapillus) ...... Not listed. Santa Ana River woolly-star (Eriastrum densifolium ssp. sanctorum) ...... Endangered. Slender-horned spineflower (Dodecahema leptoceras) ...... Endangered.

The HCP proposes conservation EPA’s Role in the EIS Process made available for public disclosure in measures considered necessary to In addition to this notice, the EPA is their entirety. minimize and mitigate, to the maximum publishing a notice in the Federal Authority extent practicable, the impacts of the Register announcing this EIS, as incidental taking of covered species in required under section 309 of the Clean We provide this notice under section the HCP. Air Act. The publication date of EPA’s 10(c) of the ESA (16 U.S.C. 1531 et seq.) notice of availability is the official and its implementing regulations (50 National Environmental Policy Act CFR 17.22), and NEPA (42 U.S.C. 4321 Compliance beginning of the public comment period. EPA’s notices are published on et seq.) and NEPA implementing The EIS/SEIR addresses the Federal Fridays. regulations (40 CFR 1506.6). and local actions associated with the EPA serves as the repository (EIS proposed issuance of the ITPs and Michael Fris, database) for EISs prepared by Federal Assistant Regional Director, Pacific implementation of the HCP and covered agencies. All EISs must be filed with activities. We published a notice of Southwest Region, U.S. Fish and Wildlife EPA. You may search for EPA Service, Sacramento, California. intent to prepare a draft EIS/SEIR in the comments on EISs, along with EISs Federal Register on March 3, 2015 (80 [FR Doc. 2020–10120 Filed 5–14–20; 8:45 am] themselves, at https:// BILLING CODE 4333–15–P FR 11463), and we published the notice cdxnodengn.epa.gov/cdx-enepa-public/ of availability of the draft EIS/SEIR on action/eis/search. December 9, 2019 (84 FR 67292), which DEPARTMENT OF THE INTERIOR included a 45-day public comment Public Review period. Any comments we receive will Fish and Wildlife Service The EIS/SEIR analyzes three become part of the decision record alternatives: The No Action Alternative, associated with this action. Before [Docket No. FWS–R4–ES–2020–0034; the Proposed Action Alternative, and including your address, phone number, FXES11130400000EA–123–FF04EF1000] Action Alternative 1. The Service has email address, or other personal Receipt of Incidental Take Permit identified the Proposed Action identifying information in your Application and Proposed Habitat Alternative as the preferred alternative. comment, you should be aware that Conservation Plan for the Sand Skink, We received 13 comment letters on the your entire comment—including your Orange County, FL; Categorical draft EIS/SEIR and the proposed HCP. A personal identifying information—may Exclusion response to each comment received in be made publicly available at any time. these letters has been included in the While you can request in your comment AGENCY: Fish and Wildlife Service, final EIS/SEIR. Minor revisions to the that we withhold your personal Interior. final EIS/SEIR or to the final HCP have identifying information from public ACTION: Notice of availability; request been made to address the comments review, we cannot guarantee that we for comment and information. received on the draft documents. The will be able to do so. All submissions descriptions and analysis of the three from organizations or businesses, and SUMMARY: We, the Fish and Wildlife alternatives analyzed in the final EIS/ from individuals identifying themselves Service (Service), announce receipt of SEIR generally remain the same as as representatives or officials of an application from Lennar Homes presented in the draft EIS/SEIR. organizations or businesses, will be (applicant) for an incidental take permit

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(ITP) under the Endangered Species Act. Project considering the above findings, we will The applicant requests the ITP to take The applicant requests a 5-year ITP to determine whether the permit issuance the federally listed sand skink take sand skinks incidental through the criteria of section 10(a)(1)(B) of the ESA incidental to construction in Orange conversion of approximately 3.5 acres of have been met. If met, the Service will County, Florida. We request public occupied sand skink foraging and issue ITP number TE 62777D–0 to comment on the application, which sheltering habitat incidental to the Lennar Homes. includes the applicant’s proposed construction of a housing development Authority habitat conservation plan (HCP), and the located on a 139.71-acre parcel in The Service provides this notice Service’s preliminary determination that Section 18, Township 24 South, Range under section 10(c) (16 U.S.C. 1539(c)) this HCP qualifies as ‘‘low effect,’’ 27 East, Orange County, Florida, of the ESA and NEPA regulation 40 CFR categorically excluded, under the identified by Parcel ID number 07–24– 1506.6. National Environmental Policy Act. To 27–0000–00–009. The applicant make this determination, we used our proposes to mitigate for take of the sand Jay Herrington, environmental action statement and skinks by the purchase of 7 credits from Field Supervisor, Jacksonville Field Office. low-effect screening form, both of which Lake Wales Ridge Conservation Bank or [FR Doc. 2020–10438 Filed 5–14–20; 8:45 am] are also available for public review. another Service-approved conservation BILLING CODE 4333–15–P DATES: We must receive your written bank. The Service would require the comments on or before June 15, 2020. applicant to purchase the credits prior ADDRESSES: to engaging in activities associated with DEPARTMENT OF THE INTERIOR Obtaining Documents: You may the project on the parcel. obtain copies of the documents online Fish and Wildlife Service Public Availability of Comments in Docket No. FWS–R4–ES–2020–0034 [Docket No. FWS–R4–ES–2020–0037; at http://www.regulations.gov. Before including your address, phone FXES11130400000EA–123–FF04EF1000] Submitting Comments: If you wish to number, email address, or other submit comments on any of the personal identifying information in your Receipt of Incidental Take Permit documents, you may do so in writing by comment, be aware that your entire Application and Proposed Habitat any of the following methods: comment, including your personal Conservation Plan for the Sand Skink, • Online: http://www.regulations.gov. identifying information, may be made Orange County, FL; Categorical Follow the instructions for submitting available to the public. While you may Exclusion comments on Docket No. FWS–R4–ES– request that we withhold your personal 2020–0034. identifying information, we cannot AGENCY: Fish and Wildlife Service, • U.S. Mail: Public Comments guarantee that we will be able to do so. Interior. ACTION: Notice of availability; request Processing, Attn: Docket No. FWS–R4– Our Preliminary Determination ES–2020–0034; U.S. Fish and Wildlife for comment and information. Service, MS: PRB/3W, 5275 Leesburg The Service has made a preliminary SUMMARY: We, the Fish and Wildlife Pike, Falls Church, VA 22041–3803. determination that the applicant’s project, including land clearing, Service (Service), announce receipt of FOR FURTHER INFORMATION CONTACT: Erin infrastructure building, landscaping, an application from VK Avalon Groves M. Gawera, by telephone at (904) 731– and the proposed mitigation measures, LLC (applicant) for an incidental take 3121 or via email at erin_gawera@ would individually and cumulatively permit (ITP) under the Endangered fws.gov. Individuals who are hearing or have a minor or negligible effect on sand Species Act. The applicant requests the speech impaired may call the Federal skinks and the environment. Therefore, ITP to take the federally listed sand Relay Service at 1–800–877–8339 for we have preliminarily concluded that skink incidental to construction in TTY assistance. the ITP for this project would qualify for Orange County, Florida. We request SUPPLEMENTARY INFORMATION: We, the categorical exclusion and the HCP is public comment on the application, Fish and Wildlife Service (Service), low effect under our NEPA regulations which includes the applicant’s announce receipt of an application from at 43 CFR 46.205 and 46.210. A low- proposed habitat conservation plan Lennar Homes for an incidental take effect HCP is one that would result in (HCP), and the Service’s preliminary permit (ITP) under the Endangered (1) minor or negligible effects on determination that this HCP qualifies as Species Act of 1973, as amended (ESA; federally listed, proposed, and ‘‘low-effect,’’ categorically excluded, 16 U.S.C. 1531 et seq.). The applicant candidate species and their habitats; (2) under the National Environmental requests the ITP to take the federally minor or negligible effects on other Policy Act. To make this determination, listed sand skink (Neoseps reynoldsi) environmental values or resources; and, we used our environmental action incidental to the construction of a (3) impacts that, when considered statement and low-effect screening form, housing development (project) in together with the impacts of other past, both of which are also available for Orange County, Florida. We request present, and reasonably foreseeable public review. public comment on the application, similarly situated projects, would not DATES: We must receive your written which includes the applicant’s over time result in significant comments on or before June 15, 2020. proposed habitat conservation plan cumulative effects to environmental ADDRESSES: (HCP), and on the Service’s preliminary values or resources. Obtaining Documents: You may determination that this HCP qualifies as obtain copies of the documents online Next Steps ‘‘low effect,’’ categorically excluded, in Docket No. FWS–R4–ES–2020–0037 under the National Environmental The Service will evaluate the at http://www.regulations.gov. Policy Act (NEPA; 42 U.S.C. 4231 et application and the comments received Submitting Comments: If you wish to seq.). To make this determination, we to determine whether to issue the submit comments on any of the used our environmental action requested permit. We will also conduct documents, you may do so in writing by statement and low-effect screening form, an intra-Service consultation pursuant any of the following methods: which are also available for public to section 7 of the ESA to evaluate the • Online: http://www.regulations.gov. review. effects of the proposed take. After Follow the instructions for submitting

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