[Federal Register: October 5, 1999 (Volume 64, Number 192)] [Notices] [Page 54052-54053] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr05oc99-106] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Availability of Draft Environmental Assessment and Habitat Conservation Plan and Receipt of an Application for an Incidental Take Permit for Construction of an Office Park and Business Center, Castle Rock, CO AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of availability and receipt of application. ----------------------------------------------------------------------- SUMMARY: Robert L. Heir and H.R. Gannon have 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 applicant has been assigned permit number TE-017353. The permit would authorize the incidental take of the Preble's meadow jumping mouse (Zapus hudsonius preblei), federally listed as threatened, and loss and modification of its habitat associated with construction and use of Brookside Office Park and Brookside Business Center. The permit would [[Page 54053]] cover disturbances to areas at the Office Park and Business Center subsequent to May 13, 1998, the date of the listing of the Preble's mouse as a threatened species, including disturbances that occur prior to the date of issuance of the Proposed Permit, and it would be in effect for 11 years from the date of issuance. We announce the receipt of the applicants' incidental take permit application that includes a combined proposed Habitat Conservation Plan (HCP) and Environmental Assessment (EA) for the Preble's meadow jumping mouse for the Brookside Office Park and Brookside Busines Center. The proposed HCP/EA is available for public comment. It fully describes the proposed project and the measures the applicants would undertake to minimize and mitigate project impacts to the Preble's meadow jumping mouse. DATES: Written comments on the permit application, Habitat Conservation Plan, and Environmental Assessment should be received on or before November 4, 1999. ADDRESSES: Comments regarding the permit application and HCP/EA should be addressed to LeRoy, Carlson, Field Supervisor, U.S. Fish and Wildlife Service, Colorado Field Office, 755 Parfet Street, Suite 361, Lakewood, Colorado 80215. FOR FURTHER INFORMATION CONTACT: Ms. Kathleen Linder, Fish and Wildlife Biologist, Colorado Field Office, telephone (303) 275-2370. SUPPLEMENTARY INFORMATION: Document Availability Individuals wishing copies of the HCP/EA 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 Lakewood, Colorado field office (see ADDRESSES above). Background Section 9 of the Act and Federal regulation prohibit the ``take'' of a species listed as endangered or threatened. Take is defined under the Act, 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 defined under the Act 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 Brookside Office Park and Brookside Business Center are located in portions of Sections 11, 14, 15, and 23 of Township 8 South, Range 67 West, Town of Castle Rock, Douglas County, State of Colorado. The projects will disturb a total of 7.28 acres of ground undisturbed as of the Listing Date that may result in incidental take. Completion of the Office Park project will impact 1.15 acres. The remaining 6.13 acres, yet to be disturbed, will be at the Business Center site. Both sites will impact upland areas only. Alternatives considered in addition to the Proposed Action, were an alternate site location, alternate site design, and no action. None of these alternatives eliminated potential take of Preble's. The onsite, offsite, and cumulative impacts of the Projects and all associated development and construction activities and mitigation activities proposed by the HCP will have no significant impact on the Preble's mouse, other threatened or endangered species, vegetation, wildlife, wetlands, geology/soils, land use, water resources, air and water quality, or cultural resources. The Projects will only disturb upland areas which are less biologically productive and include less significant potential Preble's mouse habitat than the riparian and ecotone areas undisturbed by the projects and the focus of the mitigation activities. The mitigation will likely provide a net benefit to the Preble's mouse and other wildlife by benefitting the more productive riparian and ecotone areas, which have more potential as habitat, more than the negative impacts of the disturbance of the upland areas on potential habitat areas. 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 project. To mitigate impacts that may result from incidental take, the HCP provides that mitigation for the Office Park will be 0.69 acres of restoration and 5.19 acres of enhancement. Mitigation for the Business Center will be 18.39 acres of enhancement. All of the proposed mitigation area is within the boundaries of the Property, all of which is included in the drainage basin of East Plum Creek. The mitigation will focus on planting of willows and grasses in five units on the property. Russian knapweed, a noxious weed, would be removed as part of the plan. Success of mitigation efforts will be defined as 70 percent survival and establishment of plantings, and it will be monitored annually in the summer by the Applicants for the first 5-year period and every 2 years for the following 6 years, or until success is achieved if longer than 6 years. Success will be measured by the use of photo points analysis in each mitigation unit. The Applicants will be responsible for replanting if success is not achieved by the end of the first 5-year period. The Applicants are committed to provide the necessary funding to support the mitigation. The Applicants will place the necessary funds into an escrow or similar type account that will limit use of the funds for mitigation activities. 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 Brookside Office Park and Brookside Business Center. The final permit decision will be made no sooner than November 4, 1999. Authority: The authority for this action is the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.) and the National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 et seq.). Dated: September 22, 1999. Terry Terrell, Deputy Regional Director, Fish and Wildlife Service, Denver, Colorado. [FR Doc. 99-25534 Filed 10-4-99; 8:45 am] BILLING CODE 4310-55-M