[Federal Register: March 10, 2003 (Volume 68, Number 46)]
[Notices]
[Page 11405-11406]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10mr03-54]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Proposed Chewacla Creek Safe Harbor Agreement, Lee County, AL
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice.
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SUMMARY: This notice advises the public that the landowners and
cooperators (Applicants) identified in the SUPPLEMENTARY INFORMATION
section of this Notice have applied to the Fish and Wildlife Service
(Service) for enhancement of survival permits pursuant to section
10(a)(1)(A) of the Endangered Species Act of 1973, as amended. The
permit applications include a proposed Safe Harbor Agreement
(Agreement) for the endangered ovate clubshell mussel (Pleurobema
perovatum) and southern clubshell mussel (Pleurobema decisum), and the
threatened fine-lined pocketbook mussel (Lampsilis altilis), for a
period of 30 years.
We (the Service) announce the opening of a 30-day comment period
and request comments from the public on the Applicants' enhancement of
survival permit applications, the accompanying proposed Agreement, and
the Environmental Assessment. The Environmental Assessment identifies
and describes five alternatives. All comments we receive, including
names and addresses, will become part of the administrative record and
may be released to the public. For further information and instructions
on reviewing and commenting on this application, see the ADDRESSES
section, below.
DATES: Written comments should be received on or before April 9, 2003.
ADDRESSES: You may obtain a copy of the information available by
contacting the Service's Regional Safe Harbor Coordinator, U.S. Fish
and Wildlife Service, 1875 Century Boulevard, Suite 200, Atlanta,
Georgia 30345, or Field Supervisor, U.S. Fish and Wildlife Service,
1208-B Main St., Daphne, Alabama 36526. Alternatively, you may set up
an appointment to view these documents at either location during normal
business hours. Written data or comments should be submitted to the
Atlanta, Georgia, Regional Office. Requests for the documentation must
be in writing to be processed, and comments must be written to be
considered.
FOR FURTHER INFORMATION CONTACT: Mr. Rick Gooch, (telephone: 404/679-
7124; facsimile: 404/679-7081), or Mr. Darren LeBlanc, (telephone: 251/
441-5859; facsimile: 251/441-6222).
SUPPLEMENTARY INFORMATION:
Background
The Applicants for the Chewacla Creek Safe Harbor Agreement
including the following landowners and cooperators:
Landowners:
Alabama Department of Conservation and Natural Resources,
Montgomery, Alabama.
Bob and Fannie Harris, LLC, Silver Spring, Maryland.
John W. Pace III, Mobile, Alabama.
Phillips Family Partnership, Ltd., Auburn, Alabama.
Water Works Board of the City of Auburn, Alabama.
Martin Marietta Materials, Inc., Shorter, Alabama, 36075.
Cooperator:
The City of Auburn, Alabama.
Under a Safe Harbor Agreement, participating property owners
voluntarily undertake management activities on their property to
enhance, restore, or maintain habitat benefitting species listed under
the Endangered
[[Page 11406]]
Species Act. Safe Harbor Agreements encourage private and other non-
Federal property owners to implement conservation efforts for listed
species by assuring property owners they will not be subjected to
increased property use restrictions if their efforts attract listed
species to their property or increase the numbers or distribution of
listed species already on their property. Application requirements and
issuance criteria for enhancement of survival permits through Safe
Harbor Agreements are found in 50 CFR 17.22 and 17.32.
We have worked with the Applicants to design and implement
conservation measures intended to benefit the above-listed mussels in
Chewacla Creek. Under the Agreement, the Applicants will undertake the
following actions: (1) Repair of existing and new subsidence features
within ten feet of Chewacla Creek within the enrolled property
boundaries; (2) Restore a more natural flow to Chewacla Creek
downstream of Lake Ogletree by pumping quarry water into Lake Ogletree
with a minimum guaranteed flow release from the dam into Chewacla
Creek; (3) Monitor stream flow, water quality, and bioassessment
parameters.
The subsidence features in and immediately adjacent to the Chewacla
Creek act to funnel water into the ground causing a portion of the
creek to become intermittent (dewatered) during most of the year. The
lack of constant stream flow in the dewatered section of Chewacla
Creek, downstream of the Pretty Hole to Martin Marietta's outfall 2,
has made that section of the creek habitat unavailable to the ovate
clubshell, southern clubshell and fine-lined pocketbook. It has also
physically and genetically isolated the population of fine-lined
pocketbook mussel which occurs upstream of the dewatered section. The
proposed conservation measures, repair of subsidence features located
within and immediately adjacent to the creek and restoration of a
consistent stream flow, would increase the quantity and quality of
available habitat for the covered species. Without the proposed
Agreement, it would not be possible for the Applicants to undertake the
proposed conservation measures and receive regulatory assurances from
the Endangered Species Act.
Consistent with the Safe Harbor Policy and implementing
regulations, we propose to issue permits to the Applicants authorizing
them to incidentally take these endangered and threatened species,
which occur on the enrolled lands, as a result of lawful activities on
enrolled lands, as long as baseline conditions are maintained and terms
of the Agreement are implemented. Future activities of the Applicants
could result in a return to the baseline condition of Chewacla Creek.
However, the Applicants have stated that this is not anticipated, and,
further, that the Applicants are not undertaking this Agreement for the
purpose of obtaining such regulatory assurances.
We provide this notice pursuant to section 10(c) of the Endangered
Species Act and pursuant to implementing regulations for the National
Environmental Policy Act (40 CFR 1506.6). We will evaluate the proposed
Agreement, associated documents, and comments submitted thereon to
determine whether the requirements of section 10(a) of the Endangered
Species Act and National Environmental Policy Act regulations have been
met. If we determine that the requirements are met, we will issue an
enhancement of survival permit under section 10(a)(1)(A) of the
Endangered Species Act to the Applicants in accordance with the terms
of the Agreement and specific terms and conditions of the authorizing
permit. We will not make our final decision until after the end of the
30-day comment period and will fully consider all comments received
during the comment period.
Dated: February 20, 2003.
J. Mitch King,
Acting Regional Director.
[FR Doc. 03-5575 Filed 3-7-03; 8:45 am]
BILLING CODE 4310-55-P