[Federal Register: June 30, 2009 (Volume 74, Number 124)]
[Page 31304-31305]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Fish and Wildlife Service

[FWS-R4-ES-2009-N120; 40120-1112-0000-F2]

Endangered and Threatened Wildlife and Plants; Etowah River 
Habitat Conservation Plan, Bartow, Cherokee, Cobb, Dawson, Forsyth, 
Paulding, and Pickens Counties, GA

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice: receipt of applications for incidental take permits 
(ITPs) for the Etowah River Habitat Conservation Plan (HCP); 
availability of proposed HCP and environmental assessment (EA); request 
for comment.


SUMMARY: We, the Fish and Wildlife Service, announce the availability 
of a proposed HCP, 13 accompanying ITP applications, and an EA related 
to proposed development that would effect three fish species in a 
covered area encompassing 3,773 square kilometers (km\2\) (932,000 ac). 
Each county and municipality seeking incidental take authorization has 
prepared a separate application in conjunction with the one HCP and EA. 
The HCP analyzes the take

[[Page 31305]]

of the Federally endangered fish species amber darter (Percina 
antesella) and Etowah darter (Etheostoma etowahae), and the Federally 
threatened Cherokee darter (Etheostoma scotti), incidental to the 
applicants' regulation of development and construction in their 
respective jurisdictions. The applicants request ITPs under the 
Endangered Species Act of 1973 (Act), as amended. The Applicants' HCP 
describes the mitigation and minimization measures proposed to address 
the effects on the species.

DATES: We must receive any written comments on the ITP applications, 
EA, and HCP at our Regional Office (see ADDRESSES) on or before August 
31, 2009.

ADDRESSES: Documents will be available for public inspection by 
appointment during normal business hours at, and are available from, 
the Fish and Wildlife Service's Regional Office, 1875 Century 
Boulevard, Suite 200, Atlanta, GA 30345 (Attn: David Dell); or Fish and 
Wildlife Service, West Park Center, Suite D, 105 West Park Drive, 
Athens, GA 30606.

Coordinator (see ADDRESSES), telephone: 404/679-7313; or Ms. Robin 
Goodloe, Field Office Project Manager (see ADDRESSES), at 706/613-9493, 
ext. 221.

SUPPLEMENTARY INFORMATION: We announce the availability of a proposed 
HCP, 13 accompanying ITP applications, and an EA, which analyzes the 
take of the amber darter, Etowah darter, and Cherokee darter incidental 
to programs in the 13 applicant counties and municipalities. The 
applicants request 25-year ITPs under section 10(a)(1)(B) of the 
Endangered Species Act of 1973 (Act; 16 U.S.C. 1531 et seq.), as 
    We specifically request information, views, and opinions from the 
public via this notice on our proposed Federal action, including 
identification of any other aspects of the human environment not 
already identified in the EA pursuant to NEPA regulations (40 CFR 
1506.6). Further, we specifically solicit information regarding the 
adequacy of the HCP per 50 CFR parts 13 and 17.
    An assessment of the likely environmental impacts associated with 
the implementation of the Etowah River HCP, the EA considers the 
environmental consequences of two alternatives and the proposed action. 
The proposed action alternative is issuance of the ITPs and 
implementation of the HCP as submitted by the Applicants. The HCP 
covers activities associated with the new development and redevelopment 
of land by participating local governments and private entities, except 
for: (1) Construction of sewer lines, (2) stormwater runoff from roads 
constructed by jurisdictions, and (3) utility crossings of streams that 
are not part of a larger common plan of development or sale. The HCP 
also addresses water supply planning by participating local governments 
and their partners. Avoidance, minimization, and mitigation measures 
include stormwater management, riparian buffers, erosion and sediment 
control, stream crossing requirements, and a reservoir siting protocol.

Public Comments

    If you wish to comment, you may submit comments by any one of 
several methods. Please reference ``Etowah River HCP'' in such 
comments. You may mail comments to the Fish and Wildlife Service's 
Regional Office (see ADDRESSES). You may also comment via the Internet 
to david_dell@fws.gov. Please include your name and return address in 
your Internet message. If you do not receive a confirmation from us 
that we have received your Internet message, contact us directly at 
either telephone number listed under FOR FURTHER INFORMATION CONTACT.
    Finally, you may hand-deliver comments to either of our offices 
listed under ADDRESSES. 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.

Covered Area

    The area covered by the Etowah Aquatic HCP includes all those 
portions of the Etowah basin that are in Bartow, Cherokee, Cobb, 
Dawson, Forsyth, Paulding, and Pickens Counties, Georgia, including all 
municipalities that lie within that area, as well as the portion of the 
City of Roswell (Roswell lies in another county not participating in 
the HCP) that lies within the Etowah Basin. The entire covered area 
encompasses 3,773 km\2\ or approximately 932,000 ac. The following 
counties and municipalities have applied for ITPs under the Etowah 
Aquatic HCP:


Bartow County..........................  TE179735-0
Cherokee County........................  TE179736-0
Paulding County........................  TE179734-0
Pickens County.........................  TE179722-0
The City of Acworth....................  TE179730-0
City of Ball Ground....................  TE179731-0
City of Canton.........................  TE179727-0
City of Dawsonville....................  TE179723-0
City of Dallas.........................  TE179724-0
City of Holly Springs..................  TE179733-0
City of Roswell........................  TE179732-0
City of Waleska........................  TE179726-0
City of Woodstock......................  TE179728-0

]Next Steps

    We will evaluate these ITP applications, including the HCP and any 
comments we receive, to determine whether these applications meet the 
requirements of section 10(a)(1)(B) of the Act. We will also evaluate 
whether issuance of the section 10(a)(1)(B) ITPs complies with section 
7 of the Endangered Species Act by conducting an intra-Service section 
7 consultation. We will use the results of this consultation, in 
combination with the above findings, in our final analysis to determine 
whether or not to issue the ITPs. If we determine that the requirements 
are met, we will issue the ITPs for the incidental take of the amber 
darter, Etowah darter, and Cherokee darter.


    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: June 9, 2009.
Cynthia K. Dohner,
Deputy Regional Director.
[FR Doc. E9-15401 Filed 6-29-09; 8:45 am]