Draft Environmental Assessment/Habitat Conservation Plan and Receipt of Applications for Incidental Take Permits for the Douglas County Board of Commissioners, the Town of Castle Rock and the Town of Parker for the Douglas County Habitat Conservation Plan, in Douglas County, CO, 75216-75217 [E5-7491]
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Federal Register / Vol. 70, No. 242 / Monday, December 19, 2005 / Notices
Endangered Species Act (Act). The
requested permit, which is for a period
of 30 years, would authorize incidental
take of the endangered golden-cheeked
warbler (Dendroica chrysoparia), Bone
Cave harvestman (Texella reyesi), and
Coffin Cave mold beetle (Batrisodes
texanus). The proposed take would
occur as a result of the construction and
operation of a residential development
on 307.85 acres (124.6 hectares) of the
Shadow Canyon property, Williamson
County, Texas.
DATES: To ensure consideration, written
comments must be received on or before
February 17, 2006.
ADDRESSES: Persons wishing to review
the application may obtain a copy by
writing to the Regional Director, U.S.
Fish and Wildlife Service, P.O. Box
1306, Room 4102, Albuquerque, New
Mexico 87103. Persons wishing to
review the Environmental Assessment/
Habitat Conservation Plan (EA/HCP)
may obtain a copy by written or
telephone request to Sybil Vosler, U.S.
Fish and Wildlife Service, Ecological
Services Office, 10711 Burnet Road,
Suite 200, Austin, Texas 78758 (512/
490–0057, ext. 225). Documents will be
available for public inspection by
written request or by appointment only
during normal business hours (8 a.m. to
4:30 p.m.) at the U.S. Fish and Wildlife
Service Office, Austin, Texas. Data or
comments concerning the application
and EA/HCP should be submitted in
writing to the Field Supervisor, U.S.
Fish and Wildlife Service, Ecological
Services Office, 10711 Burnet Road,
Suite 200, Austin, Texas 78758. Please
refer to permit number TE–116313–0
when submitting comments.
FOR FURTHER INFORMATION CONTACT:
Sybil Vosler, U.S. Fish and Wildlife
Service, Ecological Services Office,
10711 Burnet Road, Suite 200, Austin,
Texas 78758 (512/490–0057, ext. 225).
SUPPLEMENTARY INFORMATION: Section 9
of the Act prohibits the ‘‘taking’’ of
endangered species such as the goldencheeked warbler. However, the Service,
under limited circumstances, may issue
permits to take endangered wildlife
species incidental to, and not the
purpose of, otherwise lawful activities.
Regulations governing permits for
endangered species are at 50 CFR 17.22.
The Service has prepared an EA/HCP
for the incidental take application. A
determination of jeopardy or nonjeopardy to the species and a decision
pursuant to the National Environmental
Policy Act (NEPA) will not be made
until at least 60 days from the date of
publication of this notice. This notice is
provided pursuant to Section 10(c) of
VerDate Aug<31>2005
18:59 Dec 16, 2005
Jkt 208001
the Act and NEPA regulations (40 CFR
1506.6).
Applicant: San Gabriel Harvard
Limited Partnership plans to construct a
residential and commercial
development on 307.85 acres of the
Shadow Canyon property, Williamson
County, Texas. This action would
adversely affect 43.35 acres (17.5
hectares) of oak-juniper woodland
resulting in take of one to two pairs of
golden-cheeked warblers. The Applicant
proposes to compensate for this
incidental take of the golden-cheeked
warbler by purchasing 86 credits from a
conservation bank approved by the
Service to preserve 86 acres (35
hectares) of golden-cheeked warbler
habitat in perpetuity within the
acquisition area of the Balcones
Canyonlands National Wildlife Refuge.
The development also has the potential
to take the Bone Cave harvestman and/
or the Coffin Cave mold beetle should
previously unknown but occupied voids
be discovered during construction. To
compensate for this event, the Applicant
proposes to establish a 43.84-acre (17.7hectare) preserve on-site to be managed
in perpetuity for the benefit of the
endangered karst invertebrates.
Geoffrey L. Haskett,
Acting Regional Director, Region 2,
Albuquerque, New Mexico.
[FR Doc. E5–7489 Filed 12–16–05; 8:45 am]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Draft Environmental Assessment/
Habitat Conservation Plan and Receipt
of Applications for Incidental Take
Permits for the Douglas County Board
of Commissioners, the Town of Castle
Rock and the Town of Parker for the
Douglas County Habitat Conservation
Plan, in Douglas County, CO
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability and
receipt of applications.
AGENCY:
SUMMARY: The Board of Commissioners
of the County of Douglas, the Town of
Castle Rock and the Town of Parker
(Applicants) have each separately
applied for an incidental take permit
pursuant to section 10(a)(1)(B) of the
Endangered Species Act (ESA) of 1973,
as amended. The requested permits
would authorize the incidental take of
the federally threatened Preble’s
meadow jumping mouse, (Zapus
hudsonius preblei) (Prebles), through
the potential loss and modification of its
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habitat associated with the otherwise
legal construction, use, maintenance,
and repair of new and existing public
facilities and with habitat
improvements, along the mainstem and
tributaries to the South Platte River,
Plum Creek, and Cherry Creek, in
Douglas County, Colorado. The duration
of the permit would be 10 years from
the date of issuance.
We also announce the availability of
a document combining the Service’s
Environmental Assessment (EA) and the
Douglas County Habitat Conservation
Plan (DCHCP) for public review and
comment. The Service requests
comments from the public on the permit
applications and the EA. The permit
applications include the proposed
DCHCP and associated draft
Implementing Agreement. The DCHCP
describes the proposed action and the
measures that the Applicants will
undertake to minimize and mitigate to
the maximum extent practicable the
take of Prebles. All comments on the EA
and permit applications will become
part of the administrative record and
will be available to the public. We
provide this notice pursuant to section
10(a) of the ESA and National
Environmental Policy Act regulations
(40 CFR 1506.6).
DATES: Written comments on the permit
application and EA/DCHCP should be
received on or before February 17, 2006.
ADDRESSES: Comments regarding the
permit applications and EA/DCHCP
should be addressed to Susan Linner,
Field Supervisor, U.S. Fish and Wildlife
Service, Colorado Field Office, 755
Parfet Street, Suite 361, Lakewood,
Colorado 80215. Comments also may be
submitted by facsimile to (303) 275–
2371. Individuals wishing copies of the
EA/DCHCP and associated documents
for review or public inspection should
immediately contact the above office
during normal business hours.
Documents also may be accessed
through the following Web site https://
www.douglas.co.us.
FOR FURTHER INFORMATION CONTACT:
Adam Misztal, Fish and Wildlife
Biologist, Colorado Field Office (see
ADDRESSES), telephone (303) 275–2370.
SUPPLEMENTARY INFORMATION:
Background
Section 9 of the ESA and Federal
regulations prohibit the ‘‘take’’ of a
species listed as endangered or
threatened. Take is defined under the
ESA, 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
E:\FR\FM\19DEN1.SGM
19DEN1
Federal Register / Vol. 70, No. 242 / Monday, December 19, 2005 / Notices
defined under the ESA 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 Applicants’ original draft regional
county-wide HCP, initiated at the time
of listing in May 1998, focused on
providing coverage for activities
conducted by the Applicants as well as
private landowners and other entities,
addressed multiple plant, wildlife and
fish species, and proposed a permit
duration of 50 years. The Applicants
continued to pursue the regional HCP
approach until February 2005 when the
Service announced its 12-month finding
on the two delisting petitions and its
proposal to remove Prebles from the List
of Endangered and Threatened Wildlife
(70 FR 5404 [February 2, 2005]). In light
of the proposed delisting of Prebles, the
Applicants considered the following
alternatives—(1) the no action
alternative, resulting in the status quo
requiring compliance with the ESA on
a project by project basis; (2) the
regional HCP alternative, affording
broad incidental take permit coverage;
or (3) the proposed action (DCHCP),
entailing scaling back the regional HCP
to address only Prebles, and covering
only activities conducted by the
Applicants for a reduced permit
duration.
The Service’s EA evaluates the
environmental consequences of the
three alternatives discussed above—the
Proposed Action (the DCHCP); a
Regional HCP; and No Action. The No
Action alternative was rejected because
it would likely have greater
environmental impacts, would not
provide as great a conservation benefit
as the proposed action, and is more
expensive and time consuming than the
proposed action. While the Regional
HCP alternative may provide greater
conservation benefit to Prebles, it is not
economically viable and no longer
meets the Applicants’ purpose and
need, and thus was rejected. The draft
EA analyzes the onsite, offsite, and
cumulative impacts of the proposed
action and associated development and
construction activities and mitigation
activities on the Prebles, and also on
other threatened or endangered species,
vegetation, wildlife, wetlands, geology/
soils, land use, water resources, air and
water quality, and cultural resources.
The DCHCP delineates riparian areas
and adjacent upland habitat on nonFederal lands with a high likelihood of
supporting Prebles within the three
major watersheds in the County (Plum
Creek, Cherry Creek, and South Platte
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18:59 Dec 16, 2005
Jkt 208001
75217
River upstream of Chatfield Reservoir),
referred to as the Riparian Conservation
Zone (RCZ). The DCHCP seeks to
provide incidental take coverage for
construction, maintenance, use, and
closure of roads, bridges, trails, and
recreational facilities, maintenance and
repair of existing structures and
facilities, emergency activities, habitat
improvements that benefit the RCZ, and
other necessary public improvement
projects (covered activities) identified
by the Applicants that need to be
completed during the next 10 years. The
permanent impacts to the RCZ
associated with the covered activities
are distributed throughout the County
and the RCZ and will permanently
affect a maximum of approximately 308
acres (125 hectares) (about 1.6 percent
of the RCZ) and temporarily disturb
approximately 122 acres (49 hectares)
over the life of the permit. The DCHCP
establishes an impact cap (including
permanent and temporary impacts) of
approximately 30 acres (12 hectares) of
the RCZ that will not be exceeded
during the permit term absent
amendment of the DCHCP and
incidental take permits.
The DCHCP sets forth measures to
minimize and mitigate impacts to
Prebles and its potential habitat through
impact avoidance, restoration of
temporary impacts, implementation of
activity conditions and best
management practices, and habitat
preservation. The minimization and
mitigation efforts identified in the
DCHCP will likely provide a benefit to
Prebles and other wildlife by protecting
approximately 1,133 acres (459
hectares), restoring portions of RCZ, and
by providing a consistent riparian
conservation strategy among the
Applicants. The HCP addresses the
proposed delisting of Prebles.
We will evaluate the application,
associated documents, and comments
submitted thereon to determine whether
the application meets the requirement of
National Environmental Policy Act
regulations and section 10(a) of the ESA.
If we determine that those requirements
are met, we will issue a permit to the
Applicants for the incidental take of
Prebles. We will make our final permit
decision no sooner than 60 days from
the date of this notice.
SUMMARY: The Fish and Wildlife Service
(hereinafter Service) will conduct an
open meeting on February 1, 2006, to
identify and discuss preliminary issues
concerning the 2006–07 migratory bird
hunting regulations.
DATES: The meeting will be held
February 1, 2006.
ADDRESSES: The Service Regulations
Committee will meet at the Embassy
Suites Hotel, Denver—International
Airport, 7001 Yampa Street, Denver,
Colorado, (303) 574–3000.
FOR FURTHER INFORMATION CONTACT:
Brian Millsap, Chief, Division of
Migratory Bird Management, U.S. Fish
and Wildlife Service, Department of the
Interior, ms MBSP–4107–ARLSQ, 1849
C Street, NW., Washington, DC 20240,
(703) 358–1714.
SUPPLEMENTARY INFORMATION: Under the
authority of the Migratory Bird Treaty
Act (16 U.S.C. 703–712), the U.S. Fish
and Wildlife Service regulates the
hunting of migratory game birds. We
update the migratory game bird hunting
regulations, located at 50 CFR part 20,
annually. Through these regulations, we
establish the frameworks, or outside
limits, for season lengths, bag limits,
and areas for migratory game bird
hunting. To help us in this process, we
have administratively divided the
nation into four Flyways (Atlantic,
Mississippi, Central, and Pacific), each
of which has a Flyway Council.
Representatives from the Service, the
Service’s Migratory Bird Regulations
Committee, and Flyway Council
Consultants will meet on February 1,
2006, at 8:30 a.m. to identify
preliminary issues concerning the 2006–
07 migratory bird hunting regulations
for discussion and review by the Flyway
Councils at their March meetings.
In accordance with Departmental
policy regarding meetings of the Service
Regulations Committee attended by any
person outside the Department, these
meetings are open to public observation.
Dated: December 2, 2005.
Elliott Sutta,
Acting Deputy Regional Director, Region 6.
[FR Doc. E5–7491 Filed 12–16–05; 8:45 am]
Dated: December 6, 2005.
Paul R. Schmidt,
Assistant Director, Migratory Birds, U.S. Fish
and Wildlife Service.
[FR Doc. E5–7473 Filed 12–16–05; 8:45 am]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Service Regulations Committee
Meeting
Fish and Wildlife Service,
Interior.
ACTION: Notice of meeting.
AGENCY:
E:\FR\FM\19DEN1.SGM
19DEN1
]]>Agencies
[Federal Register Volume 70, Number 242 (Monday, December 19, 2005)]
[Notices]
[Pages 75216-75217]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-7491]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Draft Environmental Assessment/Habitat Conservation Plan and
Receipt of Applications for Incidental Take Permits for the Douglas
County Board of Commissioners, the Town of Castle Rock and the Town of
Parker for the Douglas County Habitat Conservation Plan, in Douglas
County, CO
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability and receipt of applications.
-----------------------------------------------------------------------
SUMMARY: The Board of Commissioners of the County of Douglas, the Town
of Castle Rock and the Town of Parker (Applicants) have each separately
applied for an incidental take permit pursuant to section 10(a)(1)(B)
of the Endangered Species Act (ESA) of 1973, as amended. The requested
permits would authorize the incidental take of the federally threatened
Preble's meadow jumping mouse, (Zapus hudsonius preblei) (Prebles),
through the potential loss and modification of its habitat associated
with the otherwise legal construction, use, maintenance, and repair of
new and existing public facilities and with habitat improvements, along
the mainstem and tributaries to the South Platte River, Plum Creek, and
Cherry Creek, in Douglas County, Colorado. The duration of the permit
would be 10 years from the date of issuance.
We also announce the availability of a document combining the
Service's Environmental Assessment (EA) and the Douglas County Habitat
Conservation Plan (DCHCP) for public review and comment. The Service
requests comments from the public on the permit applications and the
EA. The permit applications include the proposed DCHCP and associated
draft Implementing Agreement. The DCHCP describes the proposed action
and the measures that the Applicants will undertake to minimize and
mitigate to the maximum extent practicable the take of Prebles. All
comments on the EA and permit applications will become part of the
administrative record and will be available to the public. We provide
this notice pursuant to section 10(a) of the ESA and National
Environmental Policy Act regulations (40 CFR 1506.6).
DATES: Written comments on the permit application and EA/DCHCP should
be received on or before February 17, 2006.
ADDRESSES: Comments regarding the permit applications and EA/DCHCP
should be addressed to Susan Linner, Field Supervisor, U.S. Fish and
Wildlife Service, Colorado Field Office, 755 Parfet Street, Suite 361,
Lakewood, Colorado 80215. Comments also may be submitted by facsimile
to (303) 275-2371. Individuals wishing copies of the EA/DCHCP and
associated documents for review or public inspection should immediately
contact the above office during normal business hours. Documents also
may be accessed through the following Web site https://
www.douglas.co.us.
FOR FURTHER INFORMATION CONTACT: Adam Misztal, Fish and Wildlife
Biologist, Colorado Field Office (see ADDRESSES), telephone (303) 275-
2370.
SUPPLEMENTARY INFORMATION:
Background
Section 9 of the ESA and Federal regulations prohibit the ``take''
of a species listed as endangered or threatened. Take is defined under
the ESA, 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
[[Page 75217]]
defined under the ESA 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 Applicants' original draft regional county-wide HCP, initiated
at the time of listing in May 1998, focused on providing coverage for
activities conducted by the Applicants as well as private landowners
and other entities, addressed multiple plant, wildlife and fish
species, and proposed a permit duration of 50 years. The Applicants
continued to pursue the regional HCP approach until February 2005 when
the Service announced its 12-month finding on the two delisting
petitions and its proposal to remove Prebles from the List of
Endangered and Threatened Wildlife (70 FR 5404 [February 2, 2005]). In
light of the proposed delisting of Prebles, the Applicants considered
the following alternatives--(1) the no action alternative, resulting in
the status quo requiring compliance with the ESA on a project by
project basis; (2) the regional HCP alternative, affording broad
incidental take permit coverage; or (3) the proposed action (DCHCP),
entailing scaling back the regional HCP to address only Prebles, and
covering only activities conducted by the Applicants for a reduced
permit duration.
The Service's EA evaluates the environmental consequences of the
three alternatives discussed above--the Proposed Action (the DCHCP); a
Regional HCP; and No Action. The No Action alternative was rejected
because it would likely have greater environmental impacts, would not
provide as great a conservation benefit as the proposed action, and is
more expensive and time consuming than the proposed action. While the
Regional HCP alternative may provide greater conservation benefit to
Prebles, it is not economically viable and no longer meets the
Applicants' purpose and need, and thus was rejected. The draft EA
analyzes the onsite, offsite, and cumulative impacts of the proposed
action and associated development and construction activities and
mitigation activities on the Prebles, and also on other threatened or
endangered species, vegetation, wildlife, wetlands, geology/soils, land
use, water resources, air and water quality, and cultural resources.
The DCHCP delineates riparian areas and adjacent upland habitat on
non-Federal lands with a high likelihood of supporting Prebles within
the three major watersheds in the County (Plum Creek, Cherry Creek, and
South Platte River upstream of Chatfield Reservoir), referred to as the
Riparian Conservation Zone (RCZ). The DCHCP seeks to provide incidental
take coverage for construction, maintenance, use, and closure of roads,
bridges, trails, and recreational facilities, maintenance and repair of
existing structures and facilities, emergency activities, habitat
improvements that benefit the RCZ, and other necessary public
improvement projects (covered activities) identified by the Applicants
that need to be completed during the next 10 years. The permanent
impacts to the RCZ associated with the covered activities are
distributed throughout the County and the RCZ and will permanently
affect a maximum of approximately 308 acres (125 hectares) (about 1.6
percent of the RCZ) and temporarily disturb approximately 122 acres (49
hectares) over the life of the permit. The DCHCP establishes an impact
cap (including permanent and temporary impacts) of approximately 30
acres (12 hectares) of the RCZ that will not be exceeded during the
permit term absent amendment of the DCHCP and incidental take permits.
The DCHCP sets forth measures to minimize and mitigate impacts to
Prebles and its potential habitat through impact avoidance, restoration
of temporary impacts, implementation of activity conditions and best
management practices, and habitat preservation. The minimization and
mitigation efforts identified in the DCHCP will likely provide a
benefit to Prebles and other wildlife by protecting approximately 1,133
acres (459 hectares), restoring portions of RCZ, and by providing a
consistent riparian conservation strategy among the Applicants. The HCP
addresses the proposed delisting of Prebles.
We will evaluate the application, associated documents, and
comments submitted thereon to determine whether the application meets
the requirement of National Environmental Policy Act regulations and
section 10(a) of the ESA. If we determine that those requirements are
met, we will issue a permit to the Applicants for the incidental take
of Prebles. We will make our final permit decision no sooner than 60
days from the date of this notice.
Dated: December 2, 2005.
Elliott Sutta,
Acting Deputy Regional Director, Region 6.
[FR Doc. E5-7491 Filed 12-16-05; 8:45 am]
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