[Federal Register: October 17, 2008 (Volume 73, Number 202)]
[Notices]
[Page 61898-61899]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17oc08-121]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R5-ES-2008-N0281; 50120-1112-0000-F2]
Incidental Take Permit Application for Pleasant Rifts Housing
Development, Dorchester County, MD
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability: Draft environmental assessment and
habitat conservation plan; receipt of application for an incidental
take permit; request for comments.
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SUMMARY: This notice advises the public that RB & JH Properties, LLC
(applicant) has applied to the U.S. Fish and Wildlife Service (Service)
for an incidental take permit under Section 10(a)(1)(B) of the
Endangered Species Act of 1973 (Act), as amended. The proposed permit
would authorize incidental take of the endangered Delmarva fox squirrel
(Sciurus niger cinereus) (DFS) that is likely to occur on the Pleasant
Rifts Housing Development, a 29.6-acre property owned by the applicant
near Secretary, in Dorchester County, Maryland. We also announce the
availability for public comment of a draft habitat conservation plan
(HCP) prepared under the Act in support of the permit application and a
draft environmental assessment (EA) for the action prepared in
accordance with requirements of the National Environmental Policy Act
(NEPA).
DATES: All comments from interested parties must be received on or
before December 1, 2008.
ADDRESSES: Please address written comments to Field Office Supervisor,
Chesapeake Bay Field Office, U.S. Fish and Wildlife Service, 177
Admiral Cochrane Drive, Annapolis, Maryland 21401. You may also send
comments by facsimile at 410-269-0832.
FOR FURTHER INFORMATION CONTACT: Cherry Keller, Fish and Wildlife
Biologist, U.S. Fish and Wildlife Service (see ADDRESSES above),
telephone: 410-573-4532.
SUPPLEMENTARY INFORMATION:
Availability of Documents
The permit application materials, which include a draft HCP and a
draft EA, are available for public inspection, by appointment between
the hours of 8 a.m. and 5 p.m. at the Chesapeake Bay Field Office (see
ADDRESSES above). You may also request copies of the documents by
contacting the Service's Chesapeake Bay Field Office (see FOR FURTHER
INFORMATION CONTACT above). Finally, you may also visit the Chesapeake
Bay Field Office Web site (http://www.fws.gov/chesapeakebay/) to view
the documents.
Background
Section 9 of the Act and Federal regulations prohibit the ``take''
of fish and wildlife species listed as endangered or threatened. Take
of federally listed fish and wildlife is defined under the Act to
include ``harass, harm, pursue, hunt, shoot, wound, kill, trap,
capture, or collect, or
[[Page 61899]]
to attempt to engage in any such conduct.'' The Service may, under
limited circumstances, issue permits to authorize incidental take
(i.e., take that is incidental to, and not the purpose of, the carrying
out of an otherwise lawful activity). Regulations governing incidental
take permits for threatened and endangered species are found in 50 CFR
17.32 and 17.22.
The applicant proposes to subdivide and develop the Pleasant Rifts
Housing Development on a 29.6-acre property that contains 19.8 acres of
mature forest habitat. The property will be developed into 13 single-
family residences, and 4.83 acres of mature forest will be cleared.
Development activities on, and subsequent residential uses of, the
property may result in the death of, or harm to, DFS through the loss
and degradation of habitat.
The HCP will minimize take of DFS by minimizing the amount of
clearing and by retaining 14.97 acres of suitable forest habitat on the
project site. The habitat is retained through a declaration of
covenants and restrictions, and existing State environmental
requirements, which have incidental benefits to DFS and its habitat. It
also commits to secure off-site compensatory mitigation for the forest
clearing and degradation of this project through permanent protection
of 39.2 acres of DFS habitat in close proximity to the Blackwater
National Wildlife Refuge, which supports a large population of DFS. The
HCP also limits activities and uses of DFS habitat retained on the
site, provides for distribution of educational materials regarding DFS
to construction personnel and homeowners, requires property signage to
permanently designate the boundary of the authorized forest clearing
area, and provides for the establishment of a homeowners' association
to implement, coordinate, monitor, and enforce the provisions of the
HCP following project-related construction. Finally, the HCP requires
that any subsequent homeowner be subject to the provisions of the HCP
and responsible for its implementation. The EA considers the
environmental consequences of three alternatives, including the
proposed action. The proposed action alternative is issuance of the
incidental take permit and implementation of the HCP as submitted by
the applicant.
Public Review
The Service invites the public to review the HCP and EA during a
60-day public comment period (see DATES). Before including your
address, phone number, electronic mail address, or other personal
indentifying 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 indentifying information from public
review, we cannot guarantee that we will be able to do so.
This notice is provided pursuant to section 10(a) of the Act and
the regulations for implementing NEPA, as amended (40 CFR 1506.6). We
will evaluate the application, associated documents, and comments
submitted thereon to determine whether the application meets the
requirements of NEPA regulations and section 10(a) of the Act. If we
determine that those requirements are met, we will issue a permit to
the applicant for the incidental take of the DFS.
Dated: October 7, 2008.
Michael G. Thabault,
Acting Regional Director, Region 5.
[FR Doc. E8-24819 Filed 10-16-08; 8:45 am]
BILLING CODE 4310-55-P