[Federal Register Volume 64, Number 106 (Thursday, June 3, 1999)]
[Notices]
[Pages 29873-29874]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-14004]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Availability of a Habitat Conservation Plan and Receipt of an
Application for an Incidental Take Permit for the Maytag Trail, Douglas
County, Colorado
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability and receipt of application.
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SUMMARY: This notice advises the public that Douglas County has 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 proposed permit would authorize the incidental take of the
Preble's meadow jumping mouse (Zopos hudsonius prebei), federally
listed as threatened, and loss and modification of its habitat
associated with construction and use of a pedestrian and equestrian
trail in Douglas County, Colorado. The permit would be in effect for 3
years.
We announce the receipt of the County's incidental take permit
application that includes a proposed Low-Effect Habitat Conservation
Plan for the Peble's meadow jumping mouse for the Maytag trail project.
The proposed Habitat Conservation Plan is available for public comment.
It fully describes the proposed project and the measures the County
would undertake to minimize and mitigate project impacts to the
Preble's meadow jumping mouse. We have made a preliminary determination
that the County's Plan qualifies as a ``low-effect'' habitat
conservation plan eligible for categorical exclusion under the National
Environmental Policy Act. We explain the basis for this determination
in an Environmental Action Statement, which is also available for
public review. This notice is provided pursuant to section 10 (c) of
the Act.
DATES: Written comments on the permit application and Plan should be
received on or before July 6, 1999.
ADDRESSES: Comments regarding the permit application or the plan should
be addressed to LeRoy Carlson, Field Supervisor, Fish and Wildlife
Service, Colorado Field Office, P.O. Box 25486, DFC, Denver, CO 80225-
0207. Comments may be sent by facsimile to (303) 275-2371.
FOR FURTHER INFORMATION CONTACT: Ms. Kathleen Linder, Fish and Wildlife
Biologist, Colorado Field Office, telephone (303) 275-2370.
SUPPLEMENTARY INFORMATION:
[[Page 29874]]
Document Availability
Individuals wishing copies of the habitat conservation plan 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 above address.
Background
Section 9 of the Act and Federal regulation prohibit the ``take''
of a species listed as endangered or threatened, respectively (take is
defined under the Act, in part, as to kill, harm, or harass a federally
listed species). However, we may issue permits to authorize
``incidental take'' (defined by the Act as take that is incidental to,
and not the purposed of, the carrying out of an otherwise lawful
activity) of listed species under limited circumstances. Regulations
governing permits for threatened species are promulgated in 50 CFR
17.32; regulations governing permits for endangered species are
promulgated in 50 CFR 17.22.
The Maytag Trail would be located on Douglas County open space
property. The Maytag Trail is a component of a regional trail system.
The proposed trail and associated facilities will consist of:
A main trail 8 feet wide and about 5,820 feet long;
Two trail loops 4 feet wide and about 3,030 feet long;
A trail overlook encompassing about 0.25 acres; and
A trailhead consisting of about 1.4 acres.
The trail surface will be soft (crusher fines or crushed recycled
concrete) or native surface as appropriate for the trail segment
considering use and drainage.
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 proposed trail project. To minimize and mitigate
impacts that may result from incidental take of the mouse, the Country
has agreed to: (1) coordinate with the Colorado Division of Wildlife to
design and align the trail to minimize potential impacts to the mouse;
(2) plant 20 gambel oaks (south gulch crossing) and 25 coyote willows
(north gulch crossing) where the trail crosses mouse habitat to provide
additional cover in the vicinity of the trail; (3) provide only in-kind
services to the Colorado Division of Wildlife to assist them in
determining the effects of the trail on the mouse; (4) manage the
riparian areas of the property for mouse conservation; and (5) limit
trail use and construction to daylight hours when the mouse is
inactive.
We have made a preliminary determination that the County's Plan
qualifies as a ``low-effect'' habitat conservation plan as defined by
our Habitat Conservation Planning Handbook (November 1996). Low-effect
habitat conservation plans are those involving: (1) minor or negligible
effects on federally listed and candidate species and their habitats;
and (2) minor or negligible effects on other environmental values or
resources. The Maytag Trail Plan qualifies as a low-effect habitat
conservation plan for the following reasons:
1. Approval of the Plan would result in minor or negligible effects
on the mouse and its habitat. The County's management of the property
as open space will likely have beneficial effects to the mouse. We do
not anticipate significant direct or cumulative effects to the mouse
resulting from construction or use of the trail.
3. Approval of the Plan would not result in any cumulative or
growth inducing impacts and, therefore, would not result in significant
adverse effects on public health or safety.
4. The Project does not require compliance with Executive Order
11988 (Floodplain Management), Executive Order 11990 (Protection of
Wetlands), or the Fish and Wildlife Coordination Act, nor does it
threaten to violate a Federal, State, local, or Tribal law or
requirement imposed for the protection of the environment.
5. Approval of the Plan would not establish a precedent for future
action or represent a decision in principle about future actions with
potentially significant environmental effects.
We, therefore, have preliminarily determined that approval of the
Plan as a categorical exclusion under the National Environmental Policy
Act, as provided by the Department of the Interior Manual (516 DM 2,
Appendix 1 and 516 DM 6, Appendix 1). Based upon this preliminary
determination, we do not intend to prepare further National
Environmental Policy Act documentation. We will consider public
comments in making a final determination on whether to prepare such
additional documentation.
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 Maytag Trail. The final permit decision will be made no
sooner than 30 days from the date of this notice.
Dated: May 26, 1999.
Terry T. Terrell,
Deputy Regional Director, Region 6.
[FR Doc. 99-14004 Filed 6-2-99; 8:45 am]
BILLING CODE 4310-55-M
