Environmental Impact Statement; Alabama Beach Mouse Draft General Conservation Plan; Fort Morgan Peninsula, Baldwin County, AL, 52549-52550 [2010-21268]
Download as PDF
<![CDATA[
Federal Register / Vol. 75, No. 165 / Thursday, August 26, 2010 / Notices
Dated: August 4, 2010.
Joy E. Nicholopoulos,
Regional Director, Region 2.
Under the
National Environmental Policy Act
(NEPA; 42 U.S.C. 4321 et seq.), we
announce that we intend to gather
information necessary to prepare an EIS
on the draft ABM GCP Project under the
Act (16 U.S.C. 1531 et seq.).
SUPPLEMENTARY INFORMATION:
[FR Doc. 2010–21249 Filed 8–25–10; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R4–ES–2010–N166; 40120–1112–
0000–F2]
Environmental Impact Statement;
Alabama Beach Mouse Draft General
Conservation Plan; Fort Morgan
Peninsula, Baldwin County, AL
Fish and Wildlife Service,
Interior.
ACTION: Notice of intent; announcement
of public meetings.
AGENCY:
Under the National
Environmental Policy Act (NEPA), we,
the Fish and Wildlife Service (Service),
advise the public that we intend to
gather information necessary to prepare
an environmental impact statement
(EIS) on the draft Alabama Beach Mouse
General Conservation Plan (ABM GCP)
Project. We are preparing the ABM GCP
under the Endangered Species Act of
1973, as amended (Act). We provide this
notice to (1) Describe the proposed
action and possible alternatives; (2)
advise other Federal and State agencies,
affected Tribes, and the public of our
intent to prepare an EIS; (3) announce
the initiation of a public scoping period;
and (4) obtain suggestions and
information on the scope of issues to be
included in the EIS.
DATES: Comments: We must receive any
written comments at our Field Office
(see ADDRESSES) on or before September
27, 2010.
Public Meetings: Two public scoping
meetings will be held on September 29,
2010: The first from 2 p.m. to 4 p.m.,
and the second from 6 p.m. to 8 p.m.
ADDRESSES: Public Meetings: Gulf
Shores Adult Activities Center, 260
Club House Drive, Gulf Shores, AL
36542.
Document Availability: Documents
will be available for public inspection
by appointment during normal business
hours at the Fish and Wildlife Service
Field Office, 1208–B Main Street,
Daphne, AL 36526.
Comments: For how and where to
submit comments, see Public Comments
below.
FOR FURTHER INFORMATION CONTACT: Mr.
Darren LeBlanc, Project Manager, at the
Alabama Field Office (see ADDRESSES),
telephone: 251/441–5868.
mstockstill on DSKH9S0YB1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
20:12 Aug 25, 2010
Jkt 220001
Background
Section 9 of the Act and Federal
regulations prohibit the ‘‘take’’ of
wildlife species listed as endangered or
threatened (16 U.S.C. 1538). The Act
defines the term ‘‘take’’ as to harass,
harm, pursue, hunt, shoot, wound, kill,
trap, capture, or collect listed species, or
to attempt to engage in such conduct (16
U.S.C. 1532). Harm includes significant
habitat modification or degradation that
actually kills or injures listed wildlife
by significantly impairing essential
behavioral patterns, including breeding,
feeding, and sheltering [50 CFR 17.3(c)].
Under section 10(a)(1)(B) of the Act, the
Service may 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 in
the Code of Federal Regulations (CFR) at
50 CFR 17.32 and 50 CFR 17.22. All
species included on an incidental take
permit would receive assurances under
the Service’s ‘‘No Surprises’’ regulations
[50 CFR 17.22(b)(5) and 17.32(b)(5)].
Proposed ABM GCP
Species we propose for coverage in
the ABM GCP are species that are
currently listed as federally threatened
or endangered and have some likelihood
to occur within the project area. Three
protected species covered by the ABM
GCP are known to occur within the area.
Currently the following listed animal
species are included in the plan:
Alabama beach mouse (ABM)
(Peromyscus polionotus ammobates),
Loggerhead sea turtle (Caretta caretta),
and Kemp’s ridley sea turtle
(Lepidochelys kempii).
The proposed ABM GCP utilizes a
conservation strategy that would
provide for preservation of a large
portion of the developable habitat for
the ABM while still allowing economic
growth to occur in the area. The ABM
GCP coverage area extends along the
Gulf of Mexico for about 17 miles,
encompassing approximately 2,400
acres of open beach and associated
nearshore coastal dune environments on
the Fort Morgan Peninsula, Baldwin
County, AL. The coverage area begins at
Little Lagoon Pass, on State Hwy 182 in
Gulf Shores, and extends westward to
PO 00000
Frm 00046
Fmt 4703
Sfmt 4703
52549
the tip of the Fort Morgan State Historic
site at the western terminus of the Fort
Morgan Peninsula. The area is defined
biologically as that area where an ABM
population and/or subpopulations (i.e.,
metapopulations) could be affected by
the proposed actions. The coverage area
is based on what the Service currently
knows about ABM movement and
dispersal, locations of separate yet
connected populations, and where
future development could occur within
these areas. It is important that suitable
habitat be maintained within these areas
so that barriers to dispersal do not
develop, to allow for expansion of
subpopulations, and for maintaining or
increasing genetic diversity.
The ABM GCP would result in take
authorization for otherwise lawful
actions, such as private development
that may incidentally take or harm
animal species or their habitats within
the ABM GCP area, in exchange for the
assembly and management of a
coordinated ABM GCP area.
Specifically, these activities would
include residential development and
infrastructure improvement, as well as
response activities related to impacts
from tropical weather systems. The
ABM GCP would develop a program of
take avoidance, minimization, and
mitigation, with an emphasis on
preservation of remaining natural lands
that will support viable populations and
the continued existence of federally
listed threatened or endangered species,
including an in-lieu-fee proposal. The
ABM GCP creates a framework for
complying with federally listed
threatened or endangered species
regulations for specified species while
accommodating future growth in the
ABM GCP area. The framework
established by the ABM GCP in-lieu-fee
plan will allow for the purchase of
select parcels of high-priority habitat,
preserve movement corridors within
viable habitat, conduct post-storm
habitat restoration on public lands and
assist the public with the same on
private property, and assist in the
conservation of species through
research.
If the ABM GCP is established,
property owners who wish to develop
low-density residences on the Fort
Morgan peninsula in Alabama, and who
meet the qualifying conditions of the
ABM GCP, may apply for a 50-year
Incidental Take Permit (ITP) from the
Service. The ITP is needed to authorize
the incidental take of threatened and
endangered species that would occur as
a result of private residential
development.
E:\FR\FM\26AUN1.SGM
26AUN1
52550
Federal Register / Vol. 75, No. 165 / Thursday, August 26, 2010 / Notices
Environmental Impact Statement
The EIS will consider three
alternatives: The proposed action
(establishment of the GCP), no action
(no project/no section 10 permit), and
continuing to process HCPs in yearly
batches of applications, as we do
currently. A detailed description of the
proposed action and alternatives in the
ABM GCP will be included in the EIS.
The EIS will also identify potentially
significant impacts on biological
resources, land use, air quality, water
quality, water resources, economics, and
other environmental resource issues that
could occur directly or indirectly with
implementation of the proposed action
and alternatives. Different strategies for
avoiding, minimizing, and mitigating
the impacts of incidental take may also
be considered.
The primary purpose of the scoping
process is to identify important issues
raised by the public related to the
proposed action.
mstockstill on DSKH9S0YB1PROD with NOTICES
Public Comments
Outside of the public hearings, we
will accept comments in written form
only. To ensure that we identify the full
range of issues related to the permit
application, we invite written comments
from interested parties. Please reference
the ABM GCP in such comments.
If you wish to comment, you may
submit comments by any one of the
following methods:
U.S. mail: Alabama Field Office (see
ADDRESSES).
E-mail: darren_leblanc@fws.gov.
Please include your name and return
mailing address in your e-mail message.
If you do not receive a confirmation
from us that we have received your
email, contact us directly at either
telephone number listed (see FOR
FURTHER INFORMATION CONTACT).
Hand delivery: Hand-deliver
comments to either of our offices listed
under ADDRESSES.
Availability of Public Comments
Before including your address, phone
number, e-mail address, or other
personal identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Reasonable Accommodation
Persons needing reasonable
accommodations in order to attend and
participate in the public meeting should
VerDate Mar<15>2010
20:12 Aug 25, 2010
Jkt 220001
contact Denise Rowell at 251/441–5181
as soon as possible. In order to allow
sufficient time to process requests,
please call no later than 1 week before
the public meeting. Information
regarding this proposed action is
available in alternative formats upon
request.
Authority: We provide this notice under
section 10 of the Act (16 U.S.C. 1531 et seq.)
and NEPA regulations (40 CFR 1506.6).
Dated: August 2, 2010.
Mark J. Musaus,
Acting Regional Director, Southeast Region.
[FR Doc. 2010–21268 Filed 8–25–10; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Land Acquisitions; Tohono O’odham
Nation, Arizona
Bureau of Indian Affairs,
Interior.
ACTION: Notice of Final Agency
Determination.
AGENCY:
The Assistant Secretary—
Indian Affairs made a final agency
determination to acquire Parcel 2
consisting of 53.54 acres of land into
trust for the Tohono O’odham Nation of
Arizona on July 23, 2010. This notice is
published in the exercise of authority
delegated by the Secretary of the Interior
to the Assistant Secretary—Indian
Affairs by 209 Departmental Manual 8.1.
FOR FURTHER INFORMATION CONTACT:
Paula L. Hart, Director, Office of Indian
Gaming, MS–3657 MIB, 1849 C Street,
NW., Washington, DC 20240; Telephone
(202) 219–4066.
SUPPLEMENTARY INFORMATION: This
notice is published to comply with the
requirement of 25 CFR part 151.12(b)
that notice be given to the public of the
Secretary’s decision to acquire land in
trust at least 30 days prior to signatory
acceptance of the land into trust. The
purpose of the 30-day waiting period in
25 CFR part 151.12(b) is to afford
interested parties the opportunity to
seek judicial review of final
administrative decisions to take land in
trust for Indian tribes and individual
Indians before transfer of title to the
property occurs. On July 23, 2010, the
Assistant Secretary—Indian Affairs
decided to accept Parcel 2, consisting of
53.54 acres of land into trust for the
Tohono O’odham Nation of Arizona.
Pursuant to the Gila Bend Indian
Reservation Lands Replacement Act,
Public Law 99–503, 100 Stat. 1798
(1986) Section 6(d) mandates: ‘‘The
Secretary, at the request of the Tribe,
SUMMARY:
PO 00000
Frm 00047
Fmt 4703
Sfmt 4703
shall hold in trust for the benefit of the
Tribe any land which the Tribe acquires
pursuant to subsection (c) which meets
the requirements of this subsection. Any
land which the Secretary holds in trust
shall be deemed to be a Federal Indian
Reservation for all purposes. Land does
not meet the requirements of this
subsection if it is outside the counties
of Maricopa, Pinal, and Pima, Arizona,
or within the corporate limits of any city
or town. Land meets the requirements of
this subsection only if it constitutes not
more than three separate areas
consisting of contiguous tracts, at least
one of which areas shall be contiguous
to San Lucy Village. The Secretary may
waive the requirements set forth in the
preceding sentence if he determines that
additional areas are appropriate.’’ The
53.54 acre parcel is located in Maricopa
County, Arizona, and the parcel is not
‘‘within the corporate limits of any city
or town.’’
The legal description of the property
is as follows:
PARCEL NO. 2
THE WEST HALF OF THE WEST HALF OF
THE NORTHEAST QUARTER AND THE
WEST HALF OF THE EAST HALF OF THE
WEST HALF OF THE NORTHEAST
QUARTER OF SECTION 4, TOWNSHIP 2
NORTH, RANGE 1 EAST OF THE GILA
AND SALT RIVER BASE AND MERIDIAN,
MARICOPA COUNTY, ARIZONA;
EXCEPT THE WEST 360.14 FEET
(MEASURED), WEST 360.00 FEET
(RECORD) OF THE NORTH 484.19 FEET
(MEASURED), NORTH 484.00 FEET
(RECORD); AND
EXCEPT THE NORTH 258.00 FEET OF THE
WEST 460.00 FEET OF THE WEST HALF
OF THE WEST HALF OF THE
NORTHEAST QUARTER OF SAID
SECTION 4; AND
EXCEPT THE NORTH 40.00 FEET,
THEREOF; AND
EXCEPT THOSE PORTIONS THEREOF
WHICH LIE NORTHERLY OF THE
FOLLOWING DESCRIBED LINE;
BEGINNING AT A POINT ON THE NORTH–
SOUTH MIDSECTION LINE OF SAID
SECTION 4, WHICH POINT BEARS
SOUTH 01 DEGREES 36 MINUTES 34
SECONDS WEST (RECORD AS SOUTH 00
DEGREES 16 MINUTES 56 SECONDS
WEST ACCORDING TO ADOT PARCEL 7–
4241),55.01 FEET FROM THE NORTH
QUARTER CORNER OF SAID SECTION 4;
THENCE EAST (RECORDED AS NORTH 88
DEGREES 40 MINUTES 28 SECONDS
EAST, ACCORDING TO ADOT PARCEL 7–
42410), 503.20 FEET;
THENCE NORTH (RECORDED AS NORTH
01 DEGREES 19 MINUTES 32 SECONDS
WEST ACCORDING TO ADOT PARCEL 7–
4241), 55.00 FEET TO THE POINT OF
ENDING ON THE NORTH LINE OF SAID
SECTION 4, WHICH POINT BEARS
NORTH 88 DEGREES 40 MINUTES 28
SECONDS EAST, 501.66 FEET FROM
SAID NORTH QUARTER CORNER OF
E:\FR\FM\26AUN1.SGM
26AUN1
]]>Agencies
[Federal Register Volume 75, Number 165 (Thursday, August 26, 2010)]
[Notices]
[Pages 52549-52550]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-21268]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R4-ES-2010-N166; 40120-1112-0000-F2]
Environmental Impact Statement; Alabama Beach Mouse Draft General
Conservation Plan; Fort Morgan Peninsula, Baldwin County, AL
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of intent; announcement of public meetings.
-----------------------------------------------------------------------
SUMMARY: Under the National Environmental Policy Act (NEPA), we, the
Fish and Wildlife Service (Service), advise the public that we intend
to gather information necessary to prepare an environmental impact
statement (EIS) on the draft Alabama Beach Mouse General Conservation
Plan (ABM GCP) Project. We are preparing the ABM GCP under the
Endangered Species Act of 1973, as amended (Act). We provide this
notice to (1) Describe the proposed action and possible alternatives;
(2) advise other Federal and State agencies, affected Tribes, and the
public of our intent to prepare an EIS; (3) announce the initiation of
a public scoping period; and (4) obtain suggestions and information on
the scope of issues to be included in the EIS.
DATES: Comments: We must receive any written comments at our Field
Office (see ADDRESSES) on or before September 27, 2010.
Public Meetings: Two public scoping meetings will be held on
September 29, 2010: The first from 2 p.m. to 4 p.m., and the second
from 6 p.m. to 8 p.m.
ADDRESSES: Public Meetings: Gulf Shores Adult Activities Center, 260
Club House Drive, Gulf Shores, AL 36542.
Document Availability: Documents will be available for public
inspection by appointment during normal business hours at the Fish and
Wildlife Service Field Office, 1208-B Main Street, Daphne, AL 36526.
Comments: For how and where to submit comments, see Public Comments
below.
FOR FURTHER INFORMATION CONTACT: Mr. Darren LeBlanc, Project Manager,
at the Alabama Field Office (see ADDRESSES), telephone: 251/441-5868.
SUPPLEMENTARY INFORMATION: Under the National Environmental Policy Act
(NEPA; 42 U.S.C. 4321 et seq.), we announce that we intend to gather
information necessary to prepare an EIS on the draft ABM GCP Project
under the Act (16 U.S.C. 1531 et seq.).
Background
Section 9 of the Act and Federal regulations prohibit the ``take''
of wildlife species listed as endangered or threatened (16 U.S.C.
1538). The Act defines the term ``take'' as to harass, harm, pursue,
hunt, shoot, wound, kill, trap, capture, or collect listed species, or
to attempt to engage in such conduct (16 U.S.C. 1532). Harm includes
significant habitat modification or degradation that actually kills or
injures listed wildlife by significantly impairing essential behavioral
patterns, including breeding, feeding, and sheltering [50 CFR 17.3(c)].
Under section 10(a)(1)(B) of the Act, the Service may 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 in the Code of Federal Regulations (CFR) at 50 CFR 17.32 and 50 CFR
17.22. All species included on an incidental take permit would receive
assurances under the Service's ``No Surprises'' regulations [50 CFR
17.22(b)(5) and 17.32(b)(5)].
Proposed ABM GCP
Species we propose for coverage in the ABM GCP are species that are
currently listed as federally threatened or endangered and have some
likelihood to occur within the project area. Three protected species
covered by the ABM GCP are known to occur within the area. Currently
the following listed animal species are included in the plan: Alabama
beach mouse (ABM) (Peromyscus polionotus ammobates), Loggerhead sea
turtle (Caretta caretta), and Kemp's ridley sea turtle (Lepidochelys
kempii).
The proposed ABM GCP utilizes a conservation strategy that would
provide for preservation of a large portion of the developable habitat
for the ABM while still allowing economic growth to occur in the area.
The ABM GCP coverage area extends along the Gulf of Mexico for about 17
miles, encompassing approximately 2,400 acres of open beach and
associated nearshore coastal dune environments on the Fort Morgan
Peninsula, Baldwin County, AL. The coverage area begins at Little
Lagoon Pass, on State Hwy 182 in Gulf Shores, and extends westward to
the tip of the Fort Morgan State Historic site at the western terminus
of the Fort Morgan Peninsula. The area is defined biologically as that
area where an ABM population and/or subpopulations (i.e.,
metapopulations) could be affected by the proposed actions. The
coverage area is based on what the Service currently knows about ABM
movement and dispersal, locations of separate yet connected
populations, and where future development could occur within these
areas. It is important that suitable habitat be maintained within these
areas so that barriers to dispersal do not develop, to allow for
expansion of subpopulations, and for maintaining or increasing genetic
diversity.
The ABM GCP would result in take authorization for otherwise lawful
actions, such as private development that may incidentally take or harm
animal species or their habitats within the ABM GCP area, in exchange
for the assembly and management of a coordinated ABM GCP area.
Specifically, these activities would include residential development
and infrastructure improvement, as well as response activities related
to impacts from tropical weather systems. The ABM GCP would develop a
program of take avoidance, minimization, and mitigation, with an
emphasis on preservation of remaining natural lands that will support
viable populations and the continued existence of federally listed
threatened or endangered species, including an in-lieu-fee proposal.
The ABM GCP creates a framework for complying with federally listed
threatened or endangered species regulations for specified species
while accommodating future growth in the ABM GCP area. The framework
established by the ABM GCP in-lieu-fee plan will allow for the purchase
of select parcels of high-priority habitat, preserve movement corridors
within viable habitat, conduct post-storm habitat restoration on public
lands and assist the public with the same on private property, and
assist in the conservation of species through research.
If the ABM GCP is established, property owners who wish to develop
low-density residences on the Fort Morgan peninsula in Alabama, and who
meet the qualifying conditions of the ABM GCP, may apply for a 50-year
Incidental Take Permit (ITP) from the Service. The ITP is needed to
authorize the incidental take of threatened and endangered species that
would occur as a result of private residential development.
[[Page 52550]]
Environmental Impact Statement
The EIS will consider three alternatives: The proposed action
(establishment of the GCP), no action (no project/no section 10
permit), and continuing to process HCPs in yearly batches of
applications, as we do currently. A detailed description of the
proposed action and alternatives in the ABM GCP will be included in the
EIS. The EIS will also identify potentially significant impacts on
biological resources, land use, air quality, water quality, water
resources, economics, and other environmental resource issues that
could occur directly or indirectly with implementation of the proposed
action and alternatives. Different strategies for avoiding, minimizing,
and mitigating the impacts of incidental take may also be considered.
The primary purpose of the scoping process is to identify important
issues raised by the public related to the proposed action.
Public Comments
Outside of the public hearings, we will accept comments in written
form only. To ensure that we identify the full range of issues related
to the permit application, we invite written comments from interested
parties. Please reference the ABM GCP in such comments.
If you wish to comment, you may submit comments by any one of the
following methods:
U.S. mail: Alabama Field Office (see ADDRESSES).
E-mail: darren_leblanc@fws.gov. Please include your name and
return mailing address in your e-mail message. If you do not receive a
confirmation from us that we have received your email, contact us
directly at either telephone number listed (see FOR FURTHER INFORMATION
CONTACT).
Hand delivery: Hand-deliver comments to either of our offices
listed under ADDRESSES.
Availability of Public Comments
Before including your address, phone number, e-mail address, or
other personal identifying information in your comment, you should be
aware that your entire comment--including your personal identifying
information--may be made publicly available at any time. While you can
ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.
Reasonable Accommodation
Persons needing reasonable accommodations in order to attend and
participate in the public meeting should contact Denise Rowell at 251/
441-5181 as soon as possible. In order to allow sufficient time to
process requests, please call no later than 1 week before the public
meeting. Information regarding this proposed action is available in
alternative formats upon request.
Authority: We provide this notice under section 10 of the Act
(16 U.S.C. 1531 et seq.) and NEPA regulations (40 CFR 1506.6).
Dated: August 2, 2010.
Mark J. Musaus,
Acting Regional Director, Southeast Region.
[FR Doc. 2010-21268 Filed 8-25-10; 8:45 am]
BILLING CODE 4310-55-P
