[Federal Register Volume 64, Number 192 (Tuesday, October 5, 1999)]
[Notices]
[Pages 54052-54053]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-25534]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Availability of Draft Environmental Assessment and Habitat
Conservation Plan and Receipt of an Application for an Incidental Take
Permit for Construction of an Office Park and Business Center, Castle
Rock, CO
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability and receipt of application.
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SUMMARY: Robert L. Heir and H.R. Gannon have applied to the Fish and
Wildlife Service for an incidental take permit pursuant to section
10(a)(1)(B) of the Endangered Species Act of 1973, as amended. The
applicant has been assigned permit number TE-017353. The permit would
authorize the incidental take of the Preble's meadow jumping mouse
(Zapus hudsonius preblei), federally listed as threatened, and loss and
modification of its habitat associated with construction and use of
Brookside Office Park and Brookside Business Center. The permit would
[[Page 54053]]
cover disturbances to areas at the Office Park and Business Center
subsequent to May 13, 1998, the date of the listing of the Preble's
mouse as a threatened species, including disturbances that occur prior
to the date of issuance of the Proposed Permit, and it would be in
effect for 11 years from the date of issuance.
We announce the receipt of the applicants' incidental take permit
application that includes a combined proposed Habitat Conservation Plan
(HCP) and Environmental Assessment (EA) for the Preble's meadow jumping
mouse for the Brookside Office Park and Brookside Busines Center. The
proposed HCP/EA is available for public comment. It fully describes the
proposed project and the measures the applicants would undertake to
minimize and mitigate project impacts to the Preble's meadow jumping
mouse.
DATES: Written comments on the permit application, Habitat Conservation
Plan, and Environmental Assessment should be received on or before
November 4, 1999.
ADDRESSES: Comments regarding the permit application and HCP/EA should
be addressed to LeRoy, Carlson, Field Supervisor, U.S. Fish and
Wildlife Service, Colorado Field Office, 755 Parfet Street, Suite 361,
Lakewood, Colorado 80215.
FOR FURTHER INFORMATION CONTACT: Ms. Kathleen Linder, Fish and Wildlife
Biologist, Colorado Field Office, telephone (303) 275-2370.
SUPPLEMENTARY INFORMATION:
Document Availability
Individuals wishing copies of the HCP/EA and associated documents
for review should immediately contact the above office. Documents also
will be available for public inspection, by appointment, during normal
business hours at the Lakewood, Colorado field office (see ADDRESSES
above).
Background
Section 9 of the Act and Federal regulation prohibit the ``take''
of a species listed as endangered or threatened. Take is defined under
the Act, in part, as to kill, harm, or harass a federally listed
species. However, the Service may issue permits to authorize
``incidental take'' of listed species under limited circumstances.
Incidental Take is defined under the Act as take of a listed species
that is incidental to, and not the purpose of, the carrying out of an
otherwise lawful activity under limited circumstances. Regulations
governing permits for threatened species are promulgated in 50 CFR
17.32.
The Brookside Office Park and Brookside Business Center are located
in portions of Sections 11, 14, 15, and 23 of Township 8 South, Range
67 West, Town of Castle Rock, Douglas County, State of Colorado. The
projects will disturb a total of 7.28 acres of ground undisturbed as of
the Listing Date that may result in incidental take. Completion of the
Office Park project will impact 1.15 acres. The remaining 6.13 acres,
yet to be disturbed, will be at the Business Center site. Both sites
will impact upland areas only.
Alternatives considered in addition to the Proposed Action, were an
alternate site location, alternate site design, and no action. None of
these alternatives eliminated potential take of Preble's. The onsite,
offsite, and cumulative impacts of the Projects and all associated
development and construction activities and mitigation activities
proposed by the HCP will have no significant impact on the Preble's
mouse, other threatened or endangered species, vegetation, wildlife,
wetlands, geology/soils, land use, water resources, air and water
quality, or cultural resources. The Projects will only disturb upland
areas which are less biologically productive and include less
significant potential Preble's mouse habitat than the riparian and
ecotone areas undisturbed by the projects and the focus of the
mitigation activities. The mitigation will likely provide a net benefit
to the Preble's mouse and other wildlife by benefitting the more
productive riparian and ecotone areas, which have more potential as
habitat, more than the negative impacts of the disturbance of the
upland areas on potential habitat areas.
Only one federally listed species, the threatened Preble's meadow
jumping mouse, occurs on site and has the potential to be adversely
affected by the project. To mitigate impacts that may result from
incidental take, the HCP provides that mitigation for the Office Park
will be 0.69 acres of restoration and 5.19 acres of enhancement.
Mitigation for the Business Center will be 18.39 acres of enhancement.
All of the proposed mitigation area is within the boundaries of the
Property, all of which is included in the drainage basin of East Plum
Creek. The mitigation will focus on planting of willows and grasses in
five units on the property. Russian knapweed, a noxious weed, would be
removed as part of the plan.
Success of mitigation efforts will be defined as 70 percent
survival and establishment of plantings, and it will be monitored
annually in the summer by the Applicants for the first 5-year period
and every 2 years for the following 6 years, or until success is
achieved if longer than 6 years. Success will be measured by the use of
photo points analysis in each mitigation unit. The Applicants will be
responsible for replanting if success is not achieved by the end of the
first 5-year period. The Applicants are committed to provide the
necessary funding to support the mitigation. The Applicants will place
the necessary funds into an escrow or similar type account that will
limit use of the funds for mitigation activities.
This notice is provided pursuant to section 10(c) of the Act. We
will evaluate the permit application, the Plan, and comments submitted
therein to determine whether the application meets the requirements of
section 10(a) of the Act. If it is determined that those requirements
are met, a permit will be issued for the incidental take of the
Preble's meadow jumping mouse in conjunction with the construction and
use of the Brookside Office Park and Brookside Business Center. The
final permit decision will be made no sooner than November 4, 1999.
Authority: The authority for this action is the Endangered
Species Act of 1973, as amended (16 U.S.C. 1531 et seq.) and the
National Environmental Policy Act of 1969, as amended (42 U.S.C.
4321 et seq.).
Dated: September 22, 1999.
Terry Terrell,
Deputy Regional Director, Fish and Wildlife Service, Denver, Colorado.
[FR Doc. 99-25534 Filed 10-4-99; 8:45 am]
BILLING CODE 4310-55-M
