[Federal Register Volume 81, Number 174 (Thursday, September 8, 2016)]
[Notices]
[Pages 62170-62172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21285]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R2-ES-2015-N130; FXES11130200000-167-FF02ENEH00]
Draft Screening Form and Draft Low-Effect Habitat Conservation
Plan for the Scenic Arizona Perez Home Development; Mohave County, AZ
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for comments.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have
received an application from Alex Perez (applicant) for a 5-year
incidental take permit for the threatened Mojave Desert tortoise
pursuant to the Endangered Species Act of 1973, as amended (Act). We
are requesting comments on the permit application, the draft Habitat
Conservation Plan (HCP), and the preliminary determination that the
proposed HCP qualifies as a ``low-effect'' HCP, eligible for a
categorical exclusion under the National Environmental Policy Act
(NEPA) of 1969, as amended. The basis for this determination is
discussed in the environmental action statement (EAS) and associated
low-effect screening form, which are also available for public review.
DATES: To ensure consideration, written comments must be received or
postmarked on or before October 11, 2016. Any comments that we receive
after the closing date may not be considered.
ADDRESSES:
Availability of Documents: The draft EAS, low-effect screening
form, and draft Scenic Arizona Perez Home Development Low-Effect
Habitat Conservation Plan are available by the following methods:
Internet: Documents are available on the Internet at the
Service's Web site, at http://www.fws.gov/southwest/es/arizona/.
[[Page 62171]]
U.S. Mail: A limited number of CD-ROM and printed copies
of both documents are available, by request, from Mr. Steve Spangle,
Field Supervisor, Arizona Ecological Services Field Office, 9828 North
31st Ave. #C3, Phoenix, AZ 85051-2517; telephone: 602-242-0210; fax:
602-242-2513. Please note that your request is in reference to the
Scenic Arizona Perez Home Development Low-Effect Habitat Conservation
Plan HCP.
In-Person: Copies of all documents are also available for
public inspection and review at the following locations, by written
request and appointment only, 8 a.m. to 4:30 p.m.:
U.S. Fish and Wildlife Service, 500 Gold Avenue SW., Room
6034, Albuquerque, NM 87102.
U.S. Fish and Wildlife Service, Arizona Ecological
Services Field Office, 9828 North 31st Ave. #C3, Phoenix, AZ 85051-
2517; telephone: 602-242-0210; fax: 602-242-2513.
Comment submission: We request that you send comments only by one
of the methods described below. Comments submitted by any other means
may not be considered. Please note that your request is in reference to
the Scenic Arizona Perez Home Development Low-Effect HCP.
Electronically: Send comments to fw2_hcp_permits@fws.gov.
By hard copy: Submit comments by U.S. mail or hand-
delivery to: U.S. Fish and Wildlife Service, Arizona Ecological
Services Field Office, 9828 North 31st Ave. #C3, Phoenix, AZ 85051-
2517; telephone: 602-242-0210.
FOR FURTHER INFORMATION CONTACT: Brian Wooldridge, Arizona Ecological
Services Field Office--Flagstaff Office, 2500 S. Pine Knoll Dr.,
Flagstaff, AZ 86001; telephone (928-556-2106, extension 236); or by
email (brian_wooldridge@fws.gov).
SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service
(Service), have received an application from Alex Perez (applicant) for
a 5-year incidental take permit for one covered species pursuant to
section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended
(16 U.S.C. 1531 et seq., Act). The application addresses the potential
``take'' of the threatened Mojave Desert tortoise in the course of
activities associated with single-family home development activities on
10 acres of private land in the town of Scenic, Mohave County, Arizona.
Measures to avoid and minimize impacts resulting from project
activities would be implemented as described in the proposed HCP by the
applicant.
We are requesting comments on the permit application and on the
preliminary determination that the proposed HCP qualifies as a ``low-
effect'' HCP, eligible for a categorical exclusion under the NEPA of
1969, as amended. The basis for this determination is discussed in the
EAS and associated low-effect screening form, which are also available
for public review.
Background
The applicant is seeking a 5-year permit under section 10(a)(1)(B)
of the Act. If we approve the permit, the applicant anticipates the
take of Mojave Desert tortoises (Gopherus agassizii) as a result of
impacts to habitat the species uses for breeding, feeding, and
sheltering. The take would be incidental to the applicant's activities
associated with constructing the Scenic Arizona Perez Home Development.
Mr. Alex Perez purchased the 10 acres in Scenic, Arizona, and
subdivided them into eight parcels to be developed with single-family
homes. On each parcel, home-development activities would include
clearing, building pads for homes and associated garages, and
constructing homes and garages.
To minimize take of Mojave Desert tortoises by the project and
offset impacts to its habitat, tortoises within the proposed impact
areas will be relocated to land managed by the Bureau of Land
Management approximately 2 miles southwest of the project site prior to
initiation of development activities. It is anticipated that relocated
tortoises will continue to contribute to the long-term conservation and
survival of the species.
In addition, it is possible that only half of each parcel will be
developed, leaving intact suitable tortoise habitat within the project
area after project completion. Because tortoises are currently
occupying burrows within similar habitat on nearby developed parcels,
it is possible that tortoises will continue to use the undeveloped
suitable habitat remaining on the project site after project
completion.
Our Preliminary Determination
We have made a preliminary determination that the incidental take
permit for this project is ``low effect'' and qualifies for categorical
exclusion under the NEPA, as provided by 43 CFR 46.205, 43 CFR 46.210
and 516 Department Manual 8.5(C)(2).
We base our determination that the proposed HCP qualifies as a low-
effect plan on the following three criteria:
(1) Implementation of the HCP would result in minor or negligible
effects on federally listed, proposed, and candidate species and their
habitats, including designated critical habitat;
(2) Implementation of the HCP would result in minor or negligible
effects on other environmental values or resources; and
(3) Impacts of the HCP, considered together with the impacts of
other past, present, and reasonably foreseeable similarly situated
projects, would not result, over time, in cumulative effects to
environmental values or resources that would be considered significant.
Based upon this preliminary determination, we do not intend to
prepare further NEPA documentation. We will consider public comments in
making the final determination on whether to prepare such additional
documentation.
Next Steps
We will evaluate the proposed HCP and comments we receive to
determine whether the permit application meets the requirements and
issuance criteria under section 10(a) of the Act (16 U.S.C. 1531 et
seq.). We will also evaluate whether issuing a section 10(a)(1)(B)
incidental take permit would comply with section 7 of the Act by
conducting an intra-Service 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 a permit. If the
requirements and issuance criteria under section 10(a) are met, we will
issue the permit to the applicant for incidental take of Mojave Desert
tortoise.
Public Availability of Comments
Written comments we receive become part of the public record
associated with this action. Before including your address, phone
number, email 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 request in your comment that we withhold
your personal identifying information from public review, we cannot
guarantee that we will be able to do so. We will not consider anonymous
comments. All submissions from organizations or businesses, and from
individuals identifying themselves as representatives or officials of
organizations or businesses, will be made available for public
disclosure in their entirety.
Authority
We provide this notice under section 10(c) of the Act (16 U.S.C.
1531 et seq.)
[[Page 62172]]
and its implementing regulations (50 CFR 17.22) and the NEPA (42 U.S.C.
4321 et seq.) and its implementing regulations (40 CFR 1506.6).
Joy E. Nicholopoulous,
Acting Regional Director, Southwest Region.
[FR Doc. 2016-21285 Filed 9-7-16; 8:45 am]
BILLING CODE 4333-15-P