[Federal Register: May 24, 2002 (Volume 67, Number 101)]
[Page 36644-36645]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Fish and Wildlife Service

Notice of Availability of a Low-Effect Habitat Conservation Plan 
and Receipt of an Application for an Incidental Take Permit for 
Construction of a Single-Family Residential Home Site on the Dahle 
Property, Colorado Springs, Colorado

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability and receipt of application.


SUMMARY: This notice advises the public that Lee J. Dahle has applied 
to the Fish and Wildlife Service for an incidental take permit pursuant 
to section 10(a)(1)(B) of the Endangered Species Act (Act) of 1973, as 
amended. The proposed permit would authorize the incidental take of the 
Preble's meadow jumping mouse (Zapus hudsonius preblei), federally 
listed as threatened, through loss and modification of its habitat 
associated with construction and occupation of a residential home site 
at the Dahle Property, Colorado Springs, Colorado. The duration of the 
permit would be 5 years from the date of issuance.
    We announce the receipt of the applicant's incidental take permit 
application that includes a proposed Low-Effect Habitat Conservation 
Plan (HCP) for the Preble's meadow jumping mouse for the Dahle 
Property. The proposed HCP is available for public comment. It fully 
describes the proposed project and the measures the applicant would 
undertake to minimize and mitigate project impacts to the Preble's 
meadow jumping mouse. All comments on the HCP and permit application 
will become part of the administrative record and will be available to 
the public.

DATES: Written comments on the permit application, and Habitat 
Conservation Plan should be received on or before June 24, 2002.

ADDRESSES: Comments regarding the permit application and HCP 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.


Document Availability

    Individuals wishing copies of the HCP 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 above address.


    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 
    The Dahle Property is located at 17 El Dorado Lane, Lot 5, Block 4 
in Thunderbird Estates Subdivision, along Monument Creek, in the 
Section 6, Township 13 South, Range 66 West, Southwest \1/4\ in the 
Pikeview quandrangle, in the Town of Colorado Springs, El Paso County, 
State of Colorado. The project will involve 0.65 acres, but will 
directly impact a maximum of 0.15 acres that may result in incidental 
take of the Preble's meadow jumping mouse. The site will impact upland 
areas only.
    Alternatives considered in addition to the Proposed Action were 
awaiting approval of the El Paso County Regional Habitat Conservation 
Plan, and no action. The last alternative eliminated potential take of 
Preble's. The onsite, offsite, and cumulative impacts of the proposed 
Project and all associated development and construction activities and 
mitigation activities proposed by the HCP will have no significant 
impact on other threatened or endangered species, vegetation, wildlife, 
wetlands, geology/soils, land use, water resources, air and water 
quality, or cultural resources. None of the proposed impacts occur 
within the riparian corridor. All of the proposed impacts are in upland 
areas inside the 100-year floodplain. Utilizing the mouse protection 
habitat definition, the proposed development could impact up to 0.15 
acre of potential mouse habitat for the residential lot. The mitigation 
will likely provide a net benefit to the Preble's mouse and other 
wildlife by improving or creating new riparian areas, planting of 
native grasses, and protecting existing habitat

[[Page 36645]]

along Monument Creek from any future development.
    Only one federally listed species, the threatened Preble's meadow 
jumping mouse, occurs onsite and has the potential to be adversely 
affected by the project. To mitigate impacts that may result from 
incidental take, the HCP provides mitigation for the residential site 
by protection of the Monument Creek corridor onsite and its associated 
riparian areas from all future development through the enhancement of 
0.5 acre through native grass planting, shrub planting, weed control, 
preservation in a native and unmowed condition, and the placement of 
the proposed building site closer to the road and farther away from 
mouse habitat. Measures will be taken during construction to minimize 
impact to the habitat including limited site access and the placement 
of spoils piles only at the front end of the lot, away from the creek. 
All of the proposed mitigation area is within the boundaries of the 
Dahle property, all of which is included in the drainage basin of 
Monument Creek.
    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 
occupation of a single-family residential lot on the Dahle Property. 
The final permit decision will be made no sooner than 30 days from the 
date of this notice.

    Dated: May 8, 2002.
David E. Heffernan,
Acting Regional Director, Region 6.
[FR Doc. 02-13076 Filed 5-23-02; 8:45 am]