[Federal Register: December 18, 2002 (Volume 67, Number 243)]
[Notices]
[Page 77506-77507]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18de02-100]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Availability of a Draft Environmental Assessment and Receipt of
an Application for an Incidental Take Permit for The Meadows, Douglas
County, CO
AGENCY: Fish and Wildlife Service, Interior.
[[Page 77507]]
ACTION: Notice of availability and receipt of application.
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SUMMARY: Castle Rock Development Company and Castle Rock Land Company
have applied to the Fish and Wildlife Service (Service) for an
incidental take permit pursuant to section 10(a)(1)(B) of the
Endangered Species Act of 1973, as amended (Act). The permit would
authorize the incidental take of Preble's meadow jumping mouse (Zapus
hudsonius preblei) (``Preble's''), federally listed as threatened, and
loss and modification of its habitat associated with construction and
use of a portion of The Meadows property in the Town of Castle Rock,
Colorado. The permit would be in effect for 30 years from the date of
issuance.
We announce the receipt of the applicants' incidental take permit
application that includes a combined proposed Habitat Conservation Plan
(HCP) and Environmental Assessment (EA) for the Preble's at The
Meadows. The proposed HCP/EA is available for public comment. It fully
describes the proposed project and the measures the applicants would
undertake to minimize and mitigate project impacts to Preble's.
The Service requests comments on the Plan for the proposed issuance
of an Incidental Take Permit. We provide this notice pursuant to
section 10(c) of the Act and National Environmental Policy Act
regulations (40 CFR 1506.6). All comments on the Plan and permit
application will become part of the administrative record and will be
available to the public.
DATES: Written comments on the permit application, Habitat Conservation
Plan, and Environmental Assessment should be received on or before
February 18, 2003.
ADDRESSES: Comments regarding the permit application and HCP/EA 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: Kathleen Linder, Fish and Wildlife
Biologist, Colorado Field Office, telephone (303) 275-2370.
SUPPLEMENTARY INFORMATION:
Document Availability
Individuals wishing copies of the HCP/EA 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 Lakewood, Colorado, Field Office (see ADDRESSES
above).
Background
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
17.32.
The applicants plan to develop portions of The Meadows in Douglas
County, Colorado, that may constitute habitat for the Preble's. Such
development would include commercial parcels, water well construction
and a recreational trail extension. The planning area for the permit
application is approximately 194 hectares (480 acres) and is located
west of Interstate Highway 25 (I-25), within the corporate boundaries
of the Town of Castle Rock. The area subject to the permit application
straddles the East Plum Creek drainage and is entirely contained within
two major railway lines, with the exception of one small parcel. An
existing bridge spans East Plum Creek and carries The Meadows Parkway
as it crosses the property on the southern (upstream) portion of the
property. The project would permanently alter a total of 3.5 hectares
(8.6 acres) of vegetation within the riparian corridor and would
temporarily alter an additional 10.06 hectares (24.87 acres) of
vegetation. As discussed below, the applicants propose a number of
measures to mitigate possible impacts of the proposed action.
Alternatives considered in addition to the proposed action were:
alternative site design based on land use plans approved by the Town of
Castle Rock, alternative site location, wait for a regional 10(a)(1)(B)
permit, and no action. None of these alternatives eliminated potential
take of Preble's.
Only one federally listed species, the threatened Preble's, 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 that mitigation will include the dedication of 17.5 hectares
(43.3 acres) of additional open space (in addition to 98.6 hectares
(243.7 acres) already designated as open space), enhancement of habitat
within 4 hectares (10 acres) of existing open space, segregation of
commercial areas and riparian areas with barriers, revegetation of
areas of temporary disturbance with native vegetation, limitations on
project sizes, limitations on access, elimination of cattle grazing,
and regulation of trail use and location. All efforts will be made to
minimize the temporary disturbance during construction of water wells
and water delivery systems and impacts to in-stream flows. All
construction will be initiated between October 15 and April 30 to
minimize and avoid impacts to Preble's.
The Applicants are committed to providing the necessary funding to
support the mitigation. The Applicants will place the necessary funds
into an escrow or similar type account that will limit use of the funds
to mitigation activities.
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)(1)(B) 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 in conjunction with the construction and use of The
Meadows. The final permit decision will be made no sooner than 60 days
from the date of this notice.
Dated: December 4, 2002.
Ralph O. Morgenweck,
Regional Director, Denver, Colorado.
[FR Doc. 02-31773 Filed 12-17-02; 8:45 am]
BILLING CODE 4310-55-P