[Federal Register Volume 61, Number 102 (Friday, May 24, 1996)]
[Notices]
[Pages 26201-26202]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13121]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Availability of an Environmental Assessment and Receipt of an
Application for an Incidental Take Permit for Surface Mining in Forest
County, Mississippi by Perry County Sand and Gravel, Inc.
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice.
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SUMMARY: Perry County Sand and Gravel, Inc. (Applicant) has applied to
the U.S. Fish and Wildlife Service (Service) for an incidental take
permit pursuant to Section 10(a)(1)(B) of the Endangered Species Act
(Act). The permit would authorize the incidental take, for a period of
6 years, the federally listed threatened gopher tortoise (Gopherus
polyphemus) during the expansion of an existing surface mining
operation in Forest County, Mississippi.
The Service also announces the availability of an Environmental
Assessment (EA) and Habitat Conservation Plan (HCP) for the incidental
take application. The Applicant's HCP describes Gopherus polyphemus
conservation measures to be employed to address the anticipated level
of incidental take. The EA prepared by the Service describes the
environmental consequences of issuing or denying the Applicant's
request for an incidental take permit. As stated in the EA, the Service
proposes to issue the requested permit. This proposal is based on a
preliminary determination that the Applicant has satisfied the
requirements for permit issuance and that the HCP provides conservation
benefits to Gopherus polyphemus. This notice also advises the public
that the Service has made a preliminary determination that issuing the
incidental take permit is not a major Federal action significantly
affecting the quality of the human environment within the meaning of
Section 102(2)(C) of the National Environmental Policy Act of 1969, as
amended. The finding of No Significant Impact is based on information
contained in the EA and HCP. The final determination will be no sooner
than 30 days from the date of this notice. This notice is provided
pursuant to Section 10 of the Endangered Species Act, as amended, and
National Environmental Policy Act (NEPA) regulations (40 CFR 1506.6).
DATES: Written comments on the permit application must be received on
or before June 24, 1996.
ADDRESSES: Persons wishing to review the application may obtain a copy
by writing the Service's Southeast Regional Office, Atlanta, Georgia.
Persons wishing to review the EA or HCP may obtain a copy by writing
the Regional Office or the Jackson, Mississippi, Field Office. Requests
must be in writing to be processed. Documents will also be available
for public inspection, by appointment, during normal business hours at
the Regional Office or the Field Office. Written data or comments
[[Page 26202]]
concerning the application, EA, or HCP should be submitted to the
Regional Office. Please reference permit number PRT-814979 in such
comments:
Regional Permit Coordinator, U.S. Fish and Wildlife Service, 1875
Century Boulevard, Suite 200, Atlanta, Georgia (fax 404-679-7081).
Field Supervisor, U.S. Fish and Wildlife Service, 6578 Dogwood View
Parkway, Suite A, Jackson, Mississippi 39213. (fax 601-965-4340).
FOR FURTHER INFORMATION CONTACT: Theresa Jacobson, Mississippi Field
Office (601-965-4900) or Rick Gooch at the Atlanta, Georgia Regional
Office (404-679-7110).
SUPPLEMENTARY INFORMATION:
Background
The gopher tortoise is listed as a threatened species in the
western part of its range, from the Tombigbee and Mobile Rivers in
Alabama west to southeastern Louisiana. As a native burrowing species
of the fire maintained longleaf pine ecosystem, typical gopher tortoise
habitat consists of frequently burned longleaf pine or longleaf pine/
scrub oak uplands on moderately well drained to xeric soils. About 80
percent of the original habitat for gopher tortoises has been lost due
to urbanization and agriculture. Forest management practices involving
dense pine stands and infrequent prescribed fire have reduced or
eliminated the open forest and sunny forest floor with grasses and
forbs that tortoises need for burrowing, nesting, and feeding. Though
gopher tortoises are widely distributed in south Mississippi, most
populations are fragmented, small in size, and functionally non-viable.
Section 9 of the Act, and implementing regulations, prohibits the
take of threatened and endangered species. Take, in part, is defined as
an activity that kills, injures, harms, or harasses a listed threatened
or endangered species. Section 10(a)(1)(B) of the Act provides an
exemption, under certain circumstances, to the Section 9 prohibition if
the taking is incidental to, and not the purpose of otherwise lawful
activities.
Fourteen tortoise burrows were located and four tortoises are known
to inhabit the 89-acre proposed mining site. A tortoise population of
up to five tortoises are estimated to reside on the property. The
operation of heavy mining equipment can directly kill or injure
tortoises by running over them above ground, or by crushing or
entombing them in their burrows, or by excavation.
The EA considers the environmental consequences of four
alternatives. One alternative, the proposed action, is the issuance of
the incidental take permit based upon submittal of the HCP as proposed.
The HCP describes measures the Applicant will take to avoid and
mitigate such taking. The Applicant plans to relocate all tortoises in
the mining area to an 8-acre habitat conservation area. Suitable
habitat for gopher tortoises consists of less than 60 percent canopy
cover, a sparse understory, and tortoise browse of grasses and forbs.
As part of the HCP, the Applicant will maintain and improve the habitat
conservation area by thinning and by the use prescribed fire. Without
such management, particularly the use of prescribed fire, gopher
tortoise habitat would deteriorate via natural succession. The HCP
provides for funding all of the mitigation and minimization efforts for
the proposed action. Another alternative is no-action, or deny the
request for authorization to incidentally take the gopher tortoises.
The third alternative is similar to the proposed alternative except the
tortoises would be relocated to a smaller, 3-acre conservation habitat
area. The last alternative involves relocating all tortoises off the
mining site and onto private property owned by the Applicant elsewhere.
All surface mining operations and reclamation procedures are regulated
and permitted by the Bureau of Geology, Mississippi Department of
Environmental Quality.
As stated above, the Service has made a preliminary determination
that the proposed action, e.g., issuance of the incidental take permit,
is not a major Federal action significantly affecting the quality of
the human environment within the meaning of Section 102 (2)(C) of the
National Environmental Policy Act of 1969, as amended. This preliminary
information may be adjusted due to public comment received in response
to this notice and is based on information contained in the EA and HCP.
An appropriate excerpt from the FONSI reflecting the Service's finding
on the application is provided below:
Based on the analysis conducted by the Service, it has been
determined that:
1. Issuance of the incidental take permit will not appreciably
reduce the likelihood of survival and recovery of the affected species
in the wild or result in the adverse modification of designated
critical habitat. This decision is based upon and considers the
cumulative impacts of past, present and future issuance of incidental
take permits within the historic and current range of each species
affected in the permit action.
2. Issuance of an incidental take permit would not have significant
effects on the human environment in the project area.
3. The proposed take is incidental to an otherwise lawful activity.
4. The Applicant has ensured that adequate funding will be provided
to implement the measures proposed in the submitted HCP.
5. Other than impacts to endangered and threatened species as
outlined in the documentation of this decision, the indirect impacts
which may result from issuance of the incidental take permit are
addressed by other regulations and statutes under the jurisdiction of
other government entities. The validity of the Service's incidental
take permit is contingent upon the Applicant's compliance with the
terms of the permit and all other laws and regulations under the
control of State, local, and other Federal governmental entities.
Dated: May 17, 1996.
Noreen K. Clough,
Regional Director, Region 4.
[FR Doc. 96-13121 Filed 5-23-96; 8:45 am]
BILLING CODE 4310-55-P
