Proposed Low Effect Habitat Conservation Plan for Westlake Ranch LLC in Clatsop County, OR, 2183-2184 [05-605]
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Federal Register / Vol. 70, No. 8 / Wednesday, January 12, 2005 / Notices
Dated: December 31, 2004.
Michael L. Carpenter,
Senior Permit Biologist, Branch of Permits,
Division of Management Authority.
[FR Doc. 05–541 Filed 1–11–05; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Proposed Low Effect Habitat
Conservation Plan for Westlake Ranch
LLC in Clatsop County, OR
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability; receipt of
application.
AGENCY:
SUMMARY: This notice advises the public
that Westlake Ranch LLC and Randy
and Tasha Curs (Applicants) have
applied to the Fish and Wildlife Service
(Service) for an incidental take permit
(ITP), pursuant to section 10(a)(1)(B) of
the Endangered Species Act of 1973, as
amended (Act). The requested 50-year
permit would authorize the incidental
take of the threatened Oregon silverspot
butterfly (Speyeria zerene hippolyta,
‘‘butterfly’’), associated with the
construction and residential
development of 75 lots on
approximately 165 acres, five miles
north of the city of Gearhart, in Clatsop
County, Oregon.
We are requesting comments on the
permit application and on whether the
proposed Habitat Conservation Plan
(HCP) qualifies as a ‘‘low effect’’ HCP,
eligible for a categorical exclusion under
the National Environmental Policy Act
(NEPA) of 1969, as amended. We
explain the basis for this possible
determination in a draft Environmental
Action Statement (EAS), which is also
available for public review.
DATES: Written comments must be
received by 5:00 p.m. on February 11,
2005.
Comments should be
addressed to Kemper McMaster, State
Supervisor, Fish and Wildlife Service,
Oregon Fish and Wildlife Office, 2600
SE 98th Avenue, Suite 100, Portland,
Oregon 97266, fax number (503) 231–
6195 (for further information and
instruction on the reviewing and
commenting process, see Public Review
and Comment section below).
FOR FURTHER INFORMATION CONTACT:
Richard Szlemp, Fish and Wildlife
Biologist, Fish and Wildlife Service (see
ADDRESSES), or telephone (503) 231–
6179.
ADDRESSES:
SUPPLEMENTARY INFORMATION:
VerDate jul<14>2003
17:37 Jan 11, 2005
Jkt 205001
Availability of Documents
Individuals wishing copies of the
application, proposed HCP, or EAS,
should contact the Service by telephone
(see FOR FURTHER INFORMATION CONTACT)
or by letter (see ADDRESSES). Copies of
the subject documents also are available
for public inspection during regular
business hours at the Oregon Fish and
Wildlife Office (see ADDRESSES).
Background
Section 9 of the Act (16 U.S.C. 1531
et seq.) and Federal regulations prohibit
the ‘‘take’’ of a fish or wildlife species
listed as endangered or threatened. Take
of federally listed fish and wildlife is
defined under section 3 of the ACT as
including to ‘‘harass, harm, pursue,
hunt, shoot, wound, kill, trap, capture
or collect, or to attempt to engage in
such conduct’’ (16 U.S.C. 1538). The
Service may, under limited
circumstances, issue permits to
authorize ‘‘incidental take’’ of listed
species. ‘‘Incidental take’’ is defined by
the ACT as take that is incidental to,
and not the purpose of, carrying out an
otherwise lawful activity. Regulations
governing permits for threatened species
and endangered species, respectively,
are at 50 CFR 17.32 and 50 CFR 17.22.
The Applicants are seeking a permit for
the incidental take of the butterfly
during the 50-year term of the permit.
Proposed covered activities under this
HCP include development of 75
residential lots on approximately 165
acres by Westlake Ranch LLC and
Randy and Tasha Curs. Incidental take
of the butterfly would be likely only in
areas containing its larval host plant, the
early blue violet (Viola adunca). The
proposed development area on Westlake
Ranch LLC contains a total of 12 early
blue violet patches. Eight of the
proposed residential lots would impact
early blue violets. One of the 12 early
blue violet patches is about 0.13 acre in
size. The other eleven patches are no
more than five meters square. Ten of the
11 patches contain less than ten plants
each. The remaining patch of the 11
contains greater than 20 plants, but is
located outside of the development
footprint. No early blue violets would be
impacted on the Curs’ property.
The proposed minimization and
mitigation measures include setting
aside a 6.5 acre area in perpetuity that
contains a 0.5 acre patch of violets and
a 0.55 acre patch of dune goldenrod
(Solidago spathulata), which is a native
plant that serves as an adult butterfly
nectar source. The 6.5 acres would be
protected under a conservation
easement and be managed through
annual mowing or other means to
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Fmt 4703
Sfmt 4703
2183
reduce competition from non-native
plants. The Service would assist in the
development of the annual mowing plan
and be consulted regarding future
management decisions. In addition, the
Curs would continue to follow the terms
of an existing agreement with the
Service to manage a 1.5 acre area for the
maintenance of early blue violets for the
life of the proposed 50-year permit.
Approval of the HCP may qualify as
a categorical exclusion under NEPA, as
provided by the Departmental Manual
(516 DM 2, Appendix 1 and 516 DM 6,
Appendix 1) and as a ‘‘low effect’’ plan
as defined by the Habitat Conservation
Planning Handbook (Service, November,
1996). Determination of low effect HCPs
is based upon the plan having: minor or
negligible effects on federally-listed,
proposed, or candidate species and their
habitats; minor or negligible effects on
other environmental values or
resources; and, impacts that considered
together with the impacts of other past,
present, and reasonably foreseeable
similarly situated projects would not
result, over time, in cumulative effects
to the environmental values or resources
which would be considered significant.
If it is found to qualify as a low-effect
HCP, further NEPA documentation
would not be required.
Public Review and Comment
If you wish to comment on the permit
application, draft Environmental Action
Statement, or the proposed HCP, you
may submit your comments to the
address listed in the ADDRESSES section
of this document. We will evaluate this
permit application, associated
documents, and comments submitted
thereon to determine whether the
permit application meets the
requirements of section 10(a) of the Act
and NEPA regulations. Individual
respondents may request that we
withhold their home address from the
record, which we will honor to the
extent allowable by law. There also may
be circumstances in which we would
withhold from the record a respondent’s
identity, as allowable by law. If you
wish us to withhold your name and/or
address, you must state this
prominently at the beginning of your
comment. Anonymous comments will
not be considered. All submissions from
organizations or businesses, and from
individuals identifying themselves as
representatives or officials of
organizations or businesses, are
available for public inspection in their
entirety. If we determine that the
requirements are met, we will issue an
incidental take permit under section
10(a)(1)(B) of the Act to the Applicants
for take of the butterfly, incidental to
E:\FR\FM\12JAN1.SGM
12JAN1
2184
Federal Register / Vol. 70, No. 8 / Wednesday, January 12, 2005 / Notices
otherwise lawful activities in
accordance with the terms of the permit.
We will not make our final decision
until after the end of the 30-day
comment period and will fully consider
all comments received during the
comment period.
The Service provides this notice
pursuant to section 10(c) of the Act and
pursuant to implementing regulations
for NEPA (40 CFR 1506.6).
Dated: January 6, 2005.
David Wesley,
Deputy Regional Director, Fish and Wildlife
Service, Portland, Oregon.
[FR Doc. 05–605 Filed 1–11–05; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Receipt of an Application for an
Incidental Take Permit for
Construction of a Single-Family Home
in Brevard County, FL
Fish and Wildlife Service,
Interior.
ACTION: Notice.
AGENCY:
SUMMARY: Deleta Earle (Applicant)
requests an incidental take permit (ITP)
pursuant to section 10(a)(1)(B) of the
Endangered Species Act of 1973 (U.S.C.
1531 et seq.), as amended (Act). The
Applicant anticipates taking about 0.23
acre of Florida scrub-jay (Aphelocoma
coerulescens) (scrub-jay) foraging,
sheltering, and possibly nesting habitat
incidental to lot preparation for the
construction of a single-family home
and supporting infrastructure in Brevard
County, Florida (Project). The
destruction of 0.23 acre of foraging,
sheltering, and possibly nesting habitat
is expected to result in the take of one
family of scrub-jays.
The Applicant’s Habitat Conservation
Plan (HCP) describes the mitigation and
minimization measures proposed to
address the effects of the Project to the
Florida scrub-jay. These measures are
outlined in the SUPPLEMENTARY
INFORMATION section below. We have
determined that the Applicant’s
proposal, including the proposed
mitigation and minimization measures,
will individually and cumulatively have
a minor or negligible effect on the
species covered in the HCP. Therefore,
the ITP is a ‘‘low-effect’’ project and
qualifies as a categorical exclusion
under the National Environmental
Policy Act (NEPA), as provided by the
Department of Interior Manual (516
DM2, Appendix 1 and 516 DM 6,
Appendix 1). We announce the
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17:37 Jan 11, 2005
Jkt 205001
availability of the HCP for the incidental
take application. Copies of the HCP may
be obtained by making a request to the
Regional Office (see ADDRESSES).
Requests must be in writing to be
processed. This notice is provided
pursuant to section 10 of the
Endangered Species Act and NEPA
regulations (40 CFR 1506.6).
DATES: Written comments on the ITP
application and HCP should be sent to
the Service’s Regional Office (see
ADDRESSES) and should be received on
or before February 11, 2005.
ADDRESSES: Persons wishing to review
the application and HCP may obtain a
copy by writing the Service’s Southeast
Regional Office, Atlanta, Georgia. Please
reference permit number TE090970–0 in
such requests. Documents will also be
available for public inspection by
appointment during normal business
hours at the Regional Office, 1875
Century Boulevard, Suite 200, Atlanta,
Georgia 30345 (Attn: Endangered
Species Permits), or Field Supervisor,
Fish and Wildlife Service, 6620
Southpoint Drive South, Suite 310,
Jacksonville, Florida 32216–0912.
FOR FURTHER INFORMATION CONTACT: Mr.
David Dell, Regional HCP Coordinator,
(see ADDRESSES above), telephone: 404/
679–7313, facsimile: 404/679–7081; or
Ms. Paula Sisson, Fish and Wildlife
Biologist, Jacksonville Field Office,
Jacksonville, Florida (see ADDRESSES
above), telephone: 904/232–2580, ext.
126.
SUPPLEMENTARY INFORMATION: If you
wish to comment, you may submit
comments by any one of several
methods. Please reference permit
number TE090970–0 in such comments.
You may mail comments to the
Service’s Regional Office (see
ADDRESSES). You may also comment via
the internet to ‘‘david_dell@fws.gov’’.
Please submit comments over the
internet as an ASCII file avoiding the
use of special characters and any form
of encryption. Please also include your
name and return address in your
internet message. If you do not receive
a confirmation from us that we have
received your internet message, contact
us directly at either telephone number
listed below (see FURTHER INFORMATION).
Finally, you may hand deliver
comments to either Service office listed
above (see ADDRESSES). Our practice is
to make comments, including names
and home addresses of respondents,
available for public review during
regular business hours. Individual
respondents may request that we
withhold their home address from the
administrative record. We will honor
such requests to the extent allowable by
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Frm 00076
Fmt 4703
Sfmt 4703
law. There may also be other
circumstances in which we would
withhold from the administrative record
a respondent’s identity, as allowable by
law. If you wish us to withhold your
name and address, you must state this
prominently at the beginning of your
comments. We will not, however,
consider anonymous comments. We
will make all submissions from
organizations or businesses, and from
individuals identifying themselves as
representatives or officials of
organizations or businesses, available
for public inspection in their entirety.
The Florida scrub-jay (scrub-jay) is
geographically isolated from other
species of scrub-jays found in Mexico
and the western United States. The
scrub-jay is found exclusively in
peninsular Florida and is restricted to
xeric uplands (predominately in oakdominated scrub). Increasing urban and
agricultural development have resulted
in habitat loss and fragmentation which
has adversely affected the distribution
and numbers of scrub-jays. The total
estimated population is between 7,000
and 11,000 individuals.
The decline in the number and
distribution of scrub-jays in east-central
Florida has been exacerbated by
tremendous urban growth in the past 50
years. Much of the historic commercial
and residential development has
occurred on the dry soils which
previously supported scrub-jay habitat.
Based on existing soils data, much of
the historic and current scrub-jay
habitat of coastal east-central Florida
occurs proximal to the current shoreline
and larger river basins. Much of this
area of Florida was settled early because
few wetlands restricted urban and
agricultural development. Due to the
effects of urban and agricultural
development over the past 100 years,
much of the remaining scrub-jay habitat
is now relatively small and isolated.
What remains is largely degraded due to
the exclusion of fire which is needed to
maintain xeric uplands in conditions
suitable for scrub-jays.
The applicant’s residential
construction will take place within
Section 5, Township 29 South, Range 37
East, Palm Bay, Brevard County,
Florida. Lot 21, Block 340, Port Malabar
Unit 9, is within 438 feet of locations
where scrub-jays were sighted during
surveys for this species from 1999 to
2002. Scrub-jays using the subject
residential lot and adjacent properties
are part of a larger complex of scrub-jays
located in a matrix of urban and natural
settings in areas of southern Brevard
and northern Indian River Counties.
Within the City of Palm Bay, 20 families
of scrub-jays persist in habitat
E:\FR\FM\12JAN1.SGM
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]]>Agencies
[Federal Register Volume 70, Number 8 (Wednesday, January 12, 2005)]
[Notices]
[Pages 2183-2184]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-605]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Proposed Low Effect Habitat Conservation Plan for Westlake Ranch
LLC in Clatsop County, OR
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; receipt of application.
-----------------------------------------------------------------------
SUMMARY: This notice advises the public that Westlake Ranch LLC and
Randy and Tasha Curs (Applicants) have applied to the Fish and Wildlife
Service (Service) for an incidental take permit (ITP), pursuant to
section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended
(Act). The requested 50-year permit would authorize the incidental take
of the threatened Oregon silverspot butterfly (Speyeria zerene
hippolyta, ``butterfly''), associated with the construction and
residential development of 75 lots on approximately 165 acres, five
miles north of the city of Gearhart, in Clatsop County, Oregon.
We are requesting comments on the permit application and on whether
the proposed Habitat Conservation Plan (HCP) qualifies as a ``low
effect'' HCP, eligible for a categorical exclusion under the National
Environmental Policy Act (NEPA) of 1969, as amended. We explain the
basis for this possible determination in a draft Environmental Action
Statement (EAS), which is also available for public review.
DATES: Written comments must be received by 5:00 p.m. on February 11,
2005.
ADDRESSES: Comments should be addressed to Kemper McMaster, State
Supervisor, Fish and Wildlife Service, Oregon Fish and Wildlife Office,
2600 SE 98th Avenue, Suite 100, Portland, Oregon 97266, fax number
(503) 231-6195 (for further information and instruction on the
reviewing and commenting process, see Public Review and Comment section
below).
FOR FURTHER INFORMATION CONTACT: Richard Szlemp, Fish and Wildlife
Biologist, Fish and Wildlife Service (see ADDRESSES), or telephone
(503) 231-6179.
SUPPLEMENTARY INFORMATION:
Availability of Documents
Individuals wishing copies of the application, proposed HCP, or
EAS, should contact the Service by telephone (see FOR FURTHER
INFORMATION CONTACT) or by letter (see ADDRESSES). Copies of the
subject documents also are available for public inspection during
regular business hours at the Oregon Fish and Wildlife Office (see
ADDRESSES).
Background
Section 9 of the Act (16 U.S.C. 1531 et seq.) and Federal
regulations prohibit the ``take'' of a fish or wildlife species listed
as endangered or threatened. Take of federally listed fish and wildlife
is defined under section 3 of the ACT as including to ``harass, harm,
pursue, hunt, shoot, wound, kill, trap, capture or collect, or to
attempt to engage in such conduct'' (16 U.S.C. 1538). The Service may,
under limited circumstances, issue permits to authorize ``incidental
take'' of listed species. ``Incidental take'' is defined by the ACT as
take that is incidental to, and not the purpose of, carrying out an
otherwise lawful activity. Regulations governing permits for threatened
species and endangered species, respectively, are at 50 CFR 17.32 and
50 CFR 17.22. The Applicants are seeking a permit for the incidental
take of the butterfly during the 50-year term of the permit.
Proposed covered activities under this HCP include development of
75 residential lots on approximately 165 acres by Westlake Ranch LLC
and Randy and Tasha Curs. Incidental take of the butterfly would be
likely only in areas containing its larval host plant, the early blue
violet (Viola adunca). The proposed development area on Westlake Ranch
LLC contains a total of 12 early blue violet patches. Eight of the
proposed residential lots would impact early blue violets. One of the
12 early blue violet patches is about 0.13 acre in size. The other
eleven patches are no more than five meters square. Ten of the 11
patches contain less than ten plants each. The remaining patch of the
11 contains greater than 20 plants, but is located outside of the
development footprint. No early blue violets would be impacted on the
Curs' property.
The proposed minimization and mitigation measures include setting
aside a 6.5 acre area in perpetuity that contains a 0.5 acre patch of
violets and a 0.55 acre patch of dune goldenrod (Solidago spathulata),
which is a native plant that serves as an adult butterfly nectar
source. The 6.5 acres would be protected under a conservation easement
and be managed through annual mowing or other means to reduce
competition from non-native plants. The Service would assist in the
development of the annual mowing plan and be consulted regarding future
management decisions. In addition, the Curs would continue to follow
the terms of an existing agreement with the Service to manage a 1.5
acre area for the maintenance of early blue violets for the life of the
proposed 50-year permit.
Approval of the HCP may qualify as a categorical exclusion under
NEPA, as provided by the Departmental Manual (516 DM 2, Appendix 1 and
516 DM 6, Appendix 1) and as a ``low effect'' plan as defined by the
Habitat Conservation Planning Handbook (Service, November, 1996).
Determination of low effect HCPs is based upon the plan having: minor
or negligible effects on federally-listed, proposed, or candidate
species and their habitats; minor or negligible effects on other
environmental values or resources; and, impacts that considered
together with the impacts of other past, present, and reasonably
foreseeable similarly situated projects would not result, over time, in
cumulative effects to the environmental values or resources which would
be considered significant. If it is found to qualify as a low-effect
HCP, further NEPA documentation would not be required.
Public Review and Comment
If you wish to comment on the permit application, draft
Environmental Action Statement, or the proposed HCP, you may submit
your comments to the address listed in the ADDRESSES section of this
document. We will evaluate this permit application, associated
documents, and comments submitted thereon to determine whether the
permit application meets the requirements of section 10(a) of the Act
and NEPA regulations. Individual respondents may request that we
withhold their home address from the record, which we will honor to the
extent allowable by law. There also may be circumstances in which we
would withhold from the record a respondent's identity, as allowable by
law. If you wish us to withhold your name and/or address, you must
state this prominently at the beginning of your comment. Anonymous
comments will not be considered. All submissions from organizations or
businesses, and from individuals identifying themselves as
representatives or officials of organizations or businesses, are
available for public inspection in their entirety. If we determine that
the requirements are met, we will issue an incidental take permit under
section 10(a)(1)(B) of the Act to the Applicants for take of the
butterfly, incidental to
[[Page 2184]]
otherwise lawful activities in accordance with the terms of the permit.
We will not make our final decision until after the end of the 30-day
comment period and will fully consider all comments received during the
comment period.
The Service provides this notice pursuant to section 10(c) of the
Act and pursuant to implementing regulations for NEPA (40 CFR 1506.6).
Dated: January 6, 2005.
David Wesley,
Deputy Regional Director, Fish and Wildlife Service, Portland, Oregon.
[FR Doc. 05-605 Filed 1-11-05; 8:45 am]
BILLING CODE 4310-55-P
