[Federal Register: March 21, 2002 (Volume 67, Number 55)]
[Page 13185-13187]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Fish and Wildlife Service

Receipt of an Application for an Incidental Take Permit for the 
Lenox Village Development Site, Nashville, Davidson County, Tennessee

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice.


    Regent Development (Applicant) seeks an incidental take permit 
(ITP) from the Fish and Wildlife Service (Service) pursuant to section 
10(a)(1)(B) of the Endangered Species Act of 1973 (Act), as amended. 
The ITP would authorize incidental take of the endangered Nashville 
crayfish (Orconectes shoupi) from a 5-acre lake, incidental to lake 
draining for residential development in Nashville, Davidson County, 
Tennessee. The Applicant's Habitat Conservation Plan (HCP) describes 
the mitigation and minimization measures proposed to address the 
effects of the Project to the Nashville crayfish. These measures are 
outlined in the SUPPLEMENTARY INFORMATION section below. The Service 
has 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 would 
qualify 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).
    The Service announces the 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 
    The Service specifically requests information, views, and opinions 
from the public via this Notice on the federal action. Further, the 
Service specifically solicits information regarding the adequacy of the 
HCP as measured against the Service's ITP issuance criteria found in 50 
CFR Parts 13 and 17.
    If you wish to comment, you may submit comments by any one of 
several methods. Please reference permit number TE049322-0 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 the Service 
that we have received your internet message, contact us directly at 
either telephone number listed below (see FURTHER INFORMATION).
    Due to Court order, the Department of Interior has temporarily lost 
access to the internet and may not regain it by the time this notice is 
published. Commentors are encouraged to submit comments by mail or 
express courier, or to call (see FURTHER INFORMATION) to confirm 
whether our internet capability has been restored.
    Finally, you may hand deliver comments to either Service office 
listed below (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

[[Page 13186]]

such requests to the extent allowable by 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.

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 April 22, 2002.

ADDRESSES: Persons wishing to review the application, supporting 
documentation, and HCP may obtain a copy by writing the Service's 
Southeast Regional Office, Atlanta, Georgia. 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 Permit Coordinator), 
or Field Supervisor, U.S. Fish and Wildlife Service, 446 Neal Street, 
Cookeville, Tennessee 38501. Written data or comments concerning the 
application or HCP should be submitted to the Regional Office. Requests 
for the documentation must be in writing to be processed. Please 
reference permit number TE049322-0 in such comments, or in requests of 
the documents discussed herein.

Coordinator, (see ADDRESSES above), telephone: 404/679-7313; or Ms. 
Tyler Sykes, Fish and Wildlife Biologist, Cookeville Field Office, (see 
ADDRESSES), telephone 931/528-6481.

SUPPLEMENTARY INFORMATION: Nashville crayfish are limited to the Mill 
Creek watershed in Davidson and Williamson counties, Tennessee, near 
metropolitan Nashville. This species has been collected in both pool 
(adults only) and riffle areas (adults and juveniles). The crayfish 
take cover under flattened limestone slabs and rocks of varying sizes 
on the predominately gravel and limestone bedrock substrate found in 
Mill Creek and its tributaries. Habitat degradation from road and 
bridge construction, stream channel modifications, and point and non-
point source runoff threatens the continued survival of the Nashville 
crayfish in this restricted range.
    The Applicant, Regent Development, requests a permit for incidental 
take of Nashville crayfish which would occur from the draining of a 5-
acre lake at Lenox Village, a proposed development site in Davidson 
County, Tennessee. The lake is being drained to provide suitable 
substrate for construction of houses. If the Applicant decided not to 
build in this area, the lake would still be drained to either remove or 
repair the dam that is currently holding back the water. The dam has 
been deemed unsafe by the Tennessee Department of Environment and 
Conservation and the Applicant has been instructed to either remove the 
dam or repair it.
    Under section 9 of the Act and its implementing regulations, 
``taking'' of endangered and threatened wildlife is prohibited. 
However, the Service, under limited circumstances, may issue permits to 
take such wildlife if the taking is incidental to and not the purpose 
of otherwise lawful activities. The Applicant has developed an HCP as 
required for their incidental take permit application.
    The HCP describes measures the Applicant will take to minimize and 
mitigate taking at the Project site. To minimize impacts to the 
Nashville crayfish from the draining of Resha Lake, the Applicant will:
    1. Install proper erosion control measures prior to draining of the 
lake to insure minimal loss of sediment to the downstream channel 
during the draining process.
    2. Conduct a sweep of the lake prior to initiation of the lake 
draining process to remove Nashville crayfish. These crayfish will be 
relocated to area(s) designated by the Service.
    3. Conduct periodic sweeps throughout the entire lake draining 
process to ensure removal of all Nashville crayfish.
    To mitigate for any Nashville crayfish that may be taken, the 
applicant will provide the following:
    1. Reconstruction of the stream channel:
    a. The channel will be placed in the lake bed and will mirror the 
up- and down-stream portions of the existing stream channel.
    b. Slabrocks will be placed in the reconstructed channel to provide 
habitat for Nashville crayfish recolonizing the channel.
    c. Native vegetation will be planted in buffer zones along the 
stream bank.
    d. The reconstructed stream channel will be designated as 
greenspace in perpetuity.
    2. Installation of wet cells:
    Retention basins (wet cells) will be strategically located 
throughout the property to collect runoff to allow materials harmful to 
aquatic species to settle out before that water is released to the 
    3. Education:
    a. Informational signs discussing the Nashville crayfish and its 
habitat will be installed along the reconstructed stream channel.
    b. Informational flyers will be distributed through the Homeowners 
Association to all residents of Lenox Village discussing the Nashville 
crayfish and ways that residents can protect the species' habitat.
    As stated above, we have determined that the HCP is a low-effect 
plan that is categorically excluded from further NEPA analysis, and 
does not require the preparation of an EA or EIS. This preliminary 
information may be revised due to public comment received in response 
to this notice. Low-effect HCPs are those involving: (1) Minor or 
negligible effects on federally listed or candidate species and their 
habitats, and (2) minor or negligible effects on other environmental 
values or resources. The Applicant's HCP qualifies for the following 
    1. Approval of the HCP would result in minor or negligible effects 
on the Nashville crayfish and its habitat. We do not anticipate 
significant direct or cumulative effects on this species as a result of 
this project, but rather expect the species to benefit.
    2. Approval of the HCP would not have adverse effects on known 
geographic, historic, or cultural sites, or involve unique or unknown 
environmental risks.
    3. Approval of the HCP would not result in any significant adverse 
effects on public health or safety.
    4. The project does not require compliance with Executive Order 
11988 (Floodplain Management), Executive Order 11990 (Protection of 
Wetlands), or the Fish and Wildlife Coordination Act, nor does it 
threaten to violate a federal, state, local, or tribal law or 
requirement imposed for protection of the environment.
    5. Approval of the HCP would not establish a precedent for future 
action or represent a decision in principle about future actions with 
potentially significant environmental effects.
    The Service will evaluate the HCP and comments submitted thereon to 
determine whether the application meets the requirements of section 
10(a) of the Act. If it is determined that those requirements are met, 
the ITP will be issued for the incidental take of Nashville crayfish on 
the Applicant's project site. The Service will also evaluate whether 
issuance of the section

[[Page 13187]]

10(a)(1)(B) ITP complies with section 7 of the Act by conducting an 
intra-Service section 7 consultation. The results of this consultation, 
in combination with the above findings, will be used in the final 
analysis to determine whether or not to issue the ITP.

    Dated: March 7, 2002.
David P. Flemming,
Acting Regional Director.
[FR Doc. 02-6811 Filed 3-20-02; 8:45 am]