Billing Code 4333–15
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS–R4–ES–2024–0091; FXES11140400000–245–FF04EF4000]
Receipt of Incidental Take Permit Application and Proposed Habitat Conservation
Plan for the Sand Skink and Blue-tailed Mole-skink; Polk County, FL; Categorical
Exclusion
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for comment.
SUMMARY: We, the Fish and Wildlife Service (Service), announce receipt of an
application from Advanced Drainage Systems, 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 (Plestiodon reynoldsi) and blue-tailed mole skink
(Eumeces egregius lividus) incidental to the construction of an industrial facility in Polk
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 the proposed permitting action may be eligible for a categorical
exclusion pursuant to the Council on Environmental Quality’s National Environmental
Policy Act (NEPA) regulations, the Department of the Interior’s (DOI) NEPA
regulations, and the DOI Departmental Manual. To make this preliminary determination,
we prepared a draft environmental action statement and low-effect screening form, both
of which are also available for public review. We invite comment from the public and
local, State, Tribal, and Federal agencies.
DATES: We must receive your written comments on or before [INSERT DATE 30 DAYS
AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER].
ADDRESSES: Obtaining Documents: The documents this notice announces, as well as

any comments and other materials that we receive, will be available for public inspection
online in Docket No. FWS–R4–ES–2024–0091 at https://www.regulations.gov.
Submitting Comments: If you wish to submit comments on any of the documents, you
may do so in writing by one of the following methods:
•

Online: https://www.regulations.gov. Follow the instructions for submitting
comments on Docket No. FWS–R4–ES–2024–0091.

•

U.S. mail: Public Comments Processing, Attn: Docket No. FWS–R4–ES–2024–
0091; U.S. Fish and Wildlife Service, MS: PRB/3W, 5275 Leesburg Pike, Falls
Church, VA 22041–3803.

FOR FURTHER INFORMATION CONTACT: Al Begazo, by U.S. mail (see
ADDRESSES), by telephone at 772-226-8134, or via email at alfredo_begazo@fws.gov.
Individuals in the United States who are deaf, deafblind, hard of hearing, or have a
speech disability may dial 711 (TTY, TDD, or TeleBraille) to access telecommunications
relay services. Individuals outside the United States should use the relay services offered
within their country to make international calls to the point-of-contact in the United
States.
SUPPLEMENTARY INFORMATION: We, the Fish and Wildlife Service (Service),
announce receipt of an application from Advanced Drainage Systems, Inc. (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 sand skink
(Plestiodon reynoldsi) and blue-tailed mole skink (Eumeces egregius lividus) (skinks),
federally listed as threatened under the ESA, incidental to the construction and operation
of an industrial facility in Polk County, Florida. We request public comment on the
application, which includes the applicant’s habitat conservation plan (HCP), and on the
Service’s preliminary determination that this proposed ITP qualifies as low effect, and
may qualify for a categorical exclusion pursuant to the Council on Environmental

Quality’s National Environmental Policy Act (NEPA) regulations (40 CFR 1501.4), the
Department of the Interior’s (DOI) NEPA regulations (43 CFR 46), and the DOI’s
Departmental Manual (516 DM 8.5(C)(2)). To make this preliminary determination, we
prepared a draft environmental action statement and low-effect screening form, both of
which are also available for public review.
Proposed Project
The applicant requests a 5-year ITP to take skinks via the conversion of
approximately 2 acres (ac) of occupied nesting, foraging, and sheltering skink habitat
incidental to the construction and operation of an industrial facility on 2 ac on Polk
County Parcels 28-30-18-000000-034040 and 28-30-18-000000-034050 in Section 18,
Township 30 South, and Range 28 East, Polk County, Florida. The applicant proposes to
mitigate for take of skinks through the purchase 4 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 the applicant’s proposed
project, including the construction of the buildings and associated infrastructure (e.g.,
electric, water, and sewer lines), would individually and cumulatively have a minor effect
on the skinks and the human environment. Therefore, we have preliminarily determined
that the proposed ESA section 10(a)(1)(B) permit would be a low-effect ITP that
individually or cumulatively would have a minor effect on the skinks and may qualify for
application of a categorical exclusion pursuant to the Council on Environmental Quality’s
NEPA regulations, DOI’s NEPA regulations, and the DOI Departmental Manual. A loweffect ITP is one that would result in (1) minor or nonsignificant effects on species
covered in the HCP; (2) nonsignificant effects on the human environment; and (3)
impacts that, when added together with the impacts of other past, present, and reasonably

foreseeable actions, would not result in significant cumulative 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
PER10681278 to Advanced Drainage Systems, Inc.
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) and the
National Environmental Policy Act (42 U.S.C. 4321 et seq.) and its implementing
regulations (40 CFR 1500–1508 and 43 CFR 46).

Robert L. Carey,
Manager, Division of Environmental Review,
Florida Ecological Services Field Office.
[FR Doc. 2024-13751 Filed: 6/21/2024 8:45 am; Publication Date: 6/24/2024]