80 FR 63830 - Draft Habitat Conservation Plan and Draft Environmental Assessment; Kaufman Properties, Thurston County, Washington
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service Federal Register Volume 80, Issue 203 (October 21, 2015)
Fish and Wildlife Service
Federal Register Volume 80, Issue 203 (October 21, 2015)
| Page Range | 63830-63832 | |
| FR Document | 2015-26692 |
[Federal Register Volume 80, Number 203 (Wednesday, October 21, 2015)] [Notices] [Pages 63830-63832] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-26692] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS-R1-ES-2015-0151; FXES11120100000-156-FF01E00000] Draft Habitat Conservation Plan and Draft Environmental Assessment; Kaufman Properties, Thurston County, Washington 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 Kaufman Real Estate LLC, Kaufman Holdings Inc., and Liberty Leasing & Construction, Inc. (applicants), for an incidental take permit (ITP) pursuant to the Endangered Species Act of 1973, as amended (ESA). The applicants request a 20-year ITP that would authorize ``take'' of five listed species incidental to otherwise lawful land development and habitat conservation activities on parcels they own in Thurston County, Washington. The application includes a draft habitat conservation plan (HCP), which describes the actions the applicants will take to minimize and mitigate the impacts of the take on covered species. The Service also announces the availability of a draft environmental assessment (EA) addressing the draft HCP and proposed permit. We invite comments from all interested parties regarding the permit application, including the draft HCP and EA. DATES: To ensure consideration, please submit written comments by November 20, 2015. ADDRESSES: You may view or download copies of the draft HCP and draft EA and obtain additional information on the Internet at http://www.fws.gov/wafwo/. To request further information or submit written comments, please use one of the following methods, and note that your information request or comments are in reference to the ``Kaufman HCP/ EA'':Electronic: www.regulations.gov. Follow the instructions for submitting comments on Docket No. FWS-R1-ES-2015-0151. U.S. Mail: Public Comments Processing, Attn: Docket No. FWS-R1-ES-2015-0151; Division of Policy, Performance and Management; U.S. Fish and Wildlife Service; 5275 Leesburg Pike, ABHC-PPM; Falls Church, VA 22041-3803. In-Person Drop-off, Viewing, or Pickup: Call 360-753-5823 to make an appointment (necessary for viewing or [[Page 63831]] picking up documents only) during normal business hours at U.S. Fish and Wildlife Service, Washington Fish and Wildlife Office, 510 Desmond Drive SE., Suite 102, Lacey, Washington 98503. FOR FURTHER INFORMATION CONTACT: Tim Romanski, Conservation Planning and Hydropower Branch Chief, Washington Fish and Wildlife Office (see ADDRESSES), telephone: 360-753-5823. If you use a telecommunications device for the deaf, please call the Federal Information Relay Service at 800-877-8339. SUPPLEMENTARY INFORMATION: We have received an application from Kaufman Real Estate LLC, Kaufman Holdings Inc., and Liberty Leasing & Construction, Inc. (applicants), for an incidental take permit (ITP) pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (ESA). The applicants request a 20-year ITP that would authorize ``take'' of the endangered Taylor's checkerspot butterfly (Euphydyas editha taylori), threatened streaked horned lark (Eremophila alpestris strigata), and two threatened subspecies of the Mazama pocket gopher--Olympia pocket gopher (Thomomys mazama pugetensis) and Yelm pocket gopher (T. m. yelmensis)--incidental to otherwise lawful land development and habitat conservation activities on parcels they own in Thurston County, Washington. The application includes a draft habitat conservation plan (HCP), which describes the actions the applicants will take to minimize and mitigate the impacts of the take on covered species. The Service also announces the availability of a draft environmental assessment (EA) addressing the draft HCP and proposed permit. We invite comments from all interested parties regarding the permit application, including the draft HCP and EA. Background Section 9 of the ESA prohibits ``take'' of fish and wildlife species listed as endangered or threatened. Under the ESA, the term ``take'' means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct (16 U.S.C. 1532(19)). The term ``harm,'' as defined in our regulations, includes significant habitat modification or degradation that results in death or injury to listed species by significantly impairing essential behavioral patterns, including breeding, feeding, or sheltering (50 CFR 17.3). The term ``harass'' is defined in our regulations as intentional or negligent actions that create the likelihood of injury to listed species to such an extent as to significantly disrupt normal behavioral patterns, which include, but are not limited to, breeding, feeding, or sheltering (50 CFR 17.3). Section 10(a)(1)(B) of the Act contains provisions that authorize the Service to issue ITPs to non-Federal entities for the take of endangered and threatened species caused by otherwise lawful activities, provided the following criteria are met: (1) The taking will be incidental; (2) the applicant will, to the maximum extent practicable, minimize and mitigate the impact of such taking; (3) the applicant will ensure that adequate funding for the plan will be provided; (4) The taking will not appreciably reduce the likelihood of the survival and recovery of the species in the wild; and (5) the applicant will carry out any other measures that the Service may require as being necessary or appropriate for the purposes of the plan. Regulations governing permits for endangered and threatened species are found in 50 CFR 17.22 and 17.32, respectively. Proposed Action The Service proposes to issue the requested 20-year ITP based on the applicants' commitment to implement the draft HCP, if permit issuance criteria are met. Covered activities include construction, land development, and conservation of the covered species. The area covered under the draft HCP consists of 13 project development sites totaling 204 acres, and 2 conservation sites totaling 87 acres. Take of the covered species would occur primarily on the already fragmented project development sites and be mitigated for by managing larger blocks of habitat for the covered species on the conservation sites. An endowment will be funded by the applicants to manage the conservation sites for 100 years. National Environmental Policy Act Compliance The proposed issuance of an ITP is a Federal action that triggers the need for compliance with the National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 et seq.; NEPA). Pursuant to NEPA, we have prepared a draft EA to analyze the environmental impacts of three alternatives related to the issuance of the requested ITP and implementation of the conservation program under the proposed HCP. The three alternatives analyzed in the EA are a no-action alternative, the proposed action, and an individual permits alternative. Under the no-action alternative, take of listed species would be avoided by limiting construction and development on the project development sites to areas where impacts to listed species could be avoided. Because no impacts to listed species are expected under this alternative, no HCP would be needed and no ITP would be issued. The proposed action alternative is the implementation of the proposed HCP and issuance of the requested 20-year ITP as described above under Proposed Action. The individual permits alternative would be issuance of incidental take permits for each of the 13 project development sites as they are developed rather than combining them under one ITP as proposed. Public Comments You may submit your comments and materials by one of the methods listed in the ADDRESSES section. We specifically request information, views, and opinions from interested parties regarding our proposed Federal action, including adequacy of the draft HCP pursuant to the requirements for permits at 50 CFR parts 13 and 17, and the adequacy of the draft EA pursuant to the requirements of NEPA. Public Availability of Comments All comments and materials we receive become part of the public record associated with this action. Before including your address, phone number, email address, or other personally identifiable information (PII) in your comments, you should be aware that your entire comment--including your PII--may be made publicly available at any time. While you can ask us in your comment to withhold your PII from public review, we cannot guarantee that we will be able to do so. Comments and materials we receive, as well as supporting documentation we use in preparing the EA, will be available for public inspection by appointment, during normal business hours, at our Washington Fish and Wildlife Office (see ADDRESSES). Next Steps After completion of the EA, we will determine whether the proposed action warrants a finding of no significant impact or whether an environmental impact statement should be prepared. We will evaluate the permit application, associated documents, and any comments we receive, to determine whether the permit application meets the requirements of section 10(a)(1)(B) of the ESA. We will also evaluate whether issuance of the requested section 10(a)(1)(B) permit would comply with section 7 of the ESA by conducting an intra-Service section 7 consultation [[Page 63832]] on the Service's proposed ITP action. The final NEPA and permit determinations will not be completed until after the end of the 30-day comment period and will fully consider all comments received during the comment period. If we determine that all requirements are met, we will issue an ITP under section 10(a)(1)(B) of the ESA to the applicants for the take of covered species, incidental to otherwise lawful covered activities. Authority We provide this notice in accordance with the requirements of section 10 of the ESA (16 U.S.C. 1531 et seq.) and NEPA (42 U.S.C. 4321 et seq.) and their implementing regulations (50 CFR 17.22 and 40 CFR 1506.6, respectively). Richard Hannan, Deputy Regional Director, Pacific Region, U.S. Fish and Wildlife Service, Portland, Oregon. [FR Doc. 2015-26692 Filed 10-20-15; 8:45 am] BILLING CODE 4333-15-P
![63830 Federal Register / Vol. 80, No. 203 / Wednesday, October 21, 2015 / Notices
TDHE informing it of HUD’s decision to implementing regulation at 24 CFR part DEPARTMENT OF THE INTERIOR
terminate, reduce, or limit the 1000 conflicts with the appeal process
availability of the grant. If the tribe/ described above including, but not Fish and Wildlife Service
TDHE disagrees with HUD’s limited to, the opportunity for an [FWS–R1–ES–2015–0151;
determination, it may appeal that administrative hearing, the provisions of FXES11120100000–156–FF01E00000]
decision in writing to HUD within 30 this Notice will apply.
days of receipt of HUD’s written notice. Draft Habitat Conservation Plan and
In such appeal, the tribe/TDHE must V. Nondiscrimination Requirements Draft Environmental Assessment;
demonstrate to HUD’s satisfaction good Kaufman Properties, Thurston County,
cause to maintain its grant under this Tribes/TDHEs shall be subject to all Washington
program, including and, as applicable, nondiscrimination requirements that are
demonstrate how it will cure its applicable under NAHASDA and the AGENCY: Fish and Wildlife Service,
noncompliance or improve its poor IHBG regulations at 24 CFR part 1000 Interior.
performance, within a time period and in particular 24 CFR 1000.12 ACTION: Notice of availability; request
deemed acceptable by HUD. In for comments.
W. Electronic Submission Requirement
situations where HUD determines a SUMMARY: We, the U.S. Fish and
tribe/TDHE is not carrying out activities HUD is waiving the requirement to Wildlife Service (Service), have received
due to a lack of Homeless Native submit applications for grant funding an application from Kaufman Real
veterans, the tribe/TDHE must through www.grants.gov, as required in Estate LLC, Kaufman Holdings Inc., and
demonstrate to HUD’s satisfaction the 24 CFR 5.1005. Considering the Liberty Leasing & Construction, Inc.
level of Homeless Native veteran statutory deadline to publish this Notice (applicants), for an incidental take
housing need corresponds to the and begin the process of awarding permit (ITP) pursuant to the Endangered
assistance the tribe/TDHE is currently funding, and the limited amount of Species Act of 1973, as amended (ESA).
receiving. If HUD denies the tribe/ The applicants request a 20-year ITP
available funds under this program,
TDHE’s appeal, the tribe/TDHE will that would authorize ‘‘take’’ of five
HUD has determined that allowing the
have 30 days from the date of receipt of listed species incidental to otherwise
HUD’s written notice of denial to submit submission of paper applications will be
less burdensome, and will allow HUD to lawful land development and habitat
a written request for reconsideration to
make awards in a timelier manner. conservation activities on parcels they
HUD setting forth justification for
Electronic applications may still be own in Thurston County, Washington.
reconsideration. HUD will reconsider
submitted to the inbox described in this The application includes a draft habitat
the tribe/TDHE’s submission and either
Notice. conservation plan (HCP), which
affirm or reverse its initial decision in
describes the actions the applicants will
writing, and will set forth HUD’s VII. Environmental Impact take to minimize and mitigate the
reasons for the decision. If HUD affirms
impacts of the take on covered species.
its initial decision on reconsideration, A Finding of No Significant Impact The Service also announces the
HUD’s decision will constitute final with respect to the environment has
agency action. availability of a draft environmental
been made in accordance with HUD assessment (EA) addressing the draft
If, after receiving notice informing it regulations at 24 CFR part 50, which
of HUD’s decision to terminate, reduce, HCP and proposed permit. We invite
implement section 102(2)(C) of the comments from all interested parties
or limit the availability of assistance, the
National Environmental Policy Act of regarding the permit application,
tribe/TDHE fails to submit a timely
1969 (42 U.S.C. 4332(2)(C)). The including the draft HCP and EA.
appeal or request for reconsideration,
fails to demonstrate to HUD’s Finding of No Significant Impact is DATES: To ensure consideration, please
satisfaction good cause to maintain its available for public inspection during submit written comments by November
grant funds under this program, or fails regular business hours in the 20, 2015.
to cure its noncompliance or poor Regulations Division, Office of General ADDRESSES: You may view or download
performance within the time specified Counsel, Department of Housing and copies of the draft HCP and draft EA
by HUD, HUD is authorized to Urban Development, 451 7th Street SW., and obtain additional information on
terminate, reduce, or limit the Room 10276, Washington, DC 20410– the Internet at http://www.fws.gov/
availability of the tribe/TDHE’s grant 0500. Due to security measures at the wafwo/. To request further information
funds under this program. HUD may use HUD Headquarters building, please or submit written comments, please use
its discretion to reallocate the grant schedule an appointment to review the one of the following methods, and note
funds resulting from such reduction or Finding by calling the Regulations that your information request or
termination, to any other tribe/TDHE Division at (202) 402–3055 (this is not comments are in reference to the
that is in compliance with program a toll-free number). Individuals with ‘‘Kaufman HCP/EA’’:
requirements and is not deemed to be a speech or hearing impairments may • Electronic: www.regulations.gov.
poor performer, and that still has a need access this number via TTY by calling Follow the instructions for submitting
to house Homeless Native veterans. the Federal Relay Service at (800) 877– comments on Docket No. FWS–R1–ES–
Grant funds may be reallocated among 8339. 2015–0151.
tribe/TDHEs within the same ONAP • U.S. Mail: Public Comments
region, or among tribes/TDHEs in Dated: October 15, 2015. Processing, Attn: Docket No. FWS–R1–
different ONAP regions, based on Lourdes Castro Ramirez, ES–2015–0151; Division of Policy,
tkelley on DSK3SPTVN1PROD with NOTICES
administrative capacity, the utilization Principal Deputy Assistant Secretary for Performance and Management; U.S.
of previously awarded Tribal HUD– Public and Indian Housing. Fish and Wildlife Service; 5275
VASH assistance, and current [FR Doc. 2015–26748 Filed 10–20–15; 8:45 am] Leesburg Pike, ABHC–PPM; Falls
geographic need as determined by the BILLING CODE 4210–67–P
Church, VA 22041–3803.
VA and HUD. • In-Person Drop-off, Viewing, or
To the extent that any provision of Pickup: Call 360–753–5823 to make an
Title VI of NAHASDA or any appointment (necessary for viewing or
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![63832 Federal Register / Vol. 80, No. 203 / Wednesday, October 21, 2015 / Notices
on the Service’s proposed ITP action. Montrose, CO 81401. Persons who use description of the wilderness
The final NEPA and permit a telecommunications device for the boundaries and a map showing the
determinations will not be completed deaf (TDD) may call the Federal wilderness and the potential wilderness
until after the end of the 30-day Information Relay Service (FIRS) at areas. On October 12, 1999, 17 acres of
comment period and will fully consider 1–800–877–8339 to contact the above potential wilderness were re-designated
all comments received during the individual during normal business as wilderness (see Federal Register Vol.
comment period. If we determine that hours. The FIRS is available 24 hours a 64, No. 196).
all requirements are met, we will issue day, seven days a week, to leave a On October 29, 2012, Hurricane
an ITP under section 10(a)(1)(B) of the message or question with the above Sandy moved through Fire Island
ESA to the applicants for the take of individual. You will receive a reply National Seashore, destroying the
covered species, incidental to otherwise during normal business hours. boardwalk nature trail west of the
lawful covered activities. SUPPLEMENTARY INFORMATION: The Wilderness Visitor Center, the
Southwest RAC Oil and Gas Sub-Group boardwalk dune crossing, and pit toilet
Authority at Old Inlet. The footprint of the two
identifies key priorities for the
We provide this notice in accordance Southwest RAC to recommend to the boardwalks and pit toilet is
with the requirements of section 10 of Secretary of the Interior through the infrastructure that existed within the
the ESA (16 U.S.C. 1531 et seq.) and BLM. At this meeting, the sub-group boundaries of the remaining one acre
NEPA (42 U.S.C. 4321 et seq.) and their will discuss the BLM’s proposed Master (more or less) of potential wilderness,
implementing regulations (50 CFR 17.22 Leasing Plan in western La Plata and entirely in Federal ownership. Upon
and 40 CFR 1506.6, respectively). eastern Montezuma counties. This destruction, the non-conforming uses of
Richard Hannan, meeting is open to the public. The this potential wilderness addition were
public may present written comments to eliminated. Section (C) of the Otis Pike
Deputy Regional Director, Pacific Region, U.S.
Fish and Wildlife Service, Portland, Oregon. the sub-group. The meeting will also Fire Island High Dunes Wilderness Act
have time, as identified above, allocated authorized the Secretary of the Interior
[FR Doc. 2015–26692 Filed 10–20–15; 8:45 am]
for hearing public comments. to designate administratively as
BILLING CODE 4333–15–P
Depending on the number of people wilderness any lands previously
wishing to comment and time available, designated as potential wilderness upon
DEPARTMENT OF THE INTERIOR the time for individual oral comments publication in the Federal Register of a
may be limited. notice that all uses thereon that are
Bureau of Land Management inconsistent with the Wilderness Act of
Ruth Welch, 1964 (Pub. L. 88–577) have ceased.
[LLCOS00000 L13100000.EI0000 16X] BLM Colorado State Director. Accordingly, this notice hereby
[FR Doc. 2015–26693 Filed 10–20–15; 8:45 am] converts the one acre of potential
Notice of Public Meetings, Southwest
BILLING CODE 4310–JB–P wilderness in the Otis Pike Fire Island
Colorado Resource Advisory Council
High Dune Wilderness, within Fire
Oil and Gas Sub-Group
Island National Seashore, to designated
AGENCY: Bureau of Land Management, DEPARTMENT OF THE INTERIOR wilderness. The one acre (more or less)
Interior. shall be added to the 1,379 acres of
ACTION: Notice of public meeting.
National Park Service designated wilderness within the Otis
[NPS–NERO–FIIS–19137]; Pike Fire Island High Dune Wilderness,
SUMMARY: In accordance with the [PPMPSPD1Z.YM0000] and managed in accordance with the
Federal Land Policy and Management Wilderness Act of 1964.
Act and the Federal Advisory Notice of Designation of Potential The maps and legal description are on
Committee Act of 1972, the U.S. Wilderness as Wilderness, Fire Island file at the headquarters of the Fire Island
Department of the Interior, Bureau of National Seashore National Seashore, 120 Laurel Street,
Land Management (BLM) Southwest Patchogue, NY 11772, and at the Office
Resource Advisory Council (RAC) Oil AGENCY: National Park Service, Interior. of the Director, 1849 C Street NW.,
and Gas Sub-Group is scheduled to meet ACTION: Notice of designation. Washington, DC 20240.
as indicated below. Dated: September 15, 2015.
SUMMARY: The Otis Pike Fire Island High
DATES: The Southwest RAC Oil and Gas Jonathan B. Jarvis,
Dunes Wilderness Act, Public Law 96–
Sub-Group meeting will be held on 585, December 23, 1980, designated Director, National Park Service.
November 19, 2015, in Dolores, approximately 1,360 acres as wilderness [FR Doc. 2015–26246 Filed 10–20–15; 8:45 am]
Colorado. in the Fire Island National Seashore. BILLING CODE 4310–WV–P
ADDRESSES: The Southwest RAC Oil and Due to existing boardwalks and a pit
Gas Sub-Group meeting will be held toilet, this Act also designated
November 19 at the Dolores Public approximately 18 acres of potential DEPARTMENT OF THE INTERIOR
Lands Office, 29211 Highway 184, wilderness within Fire Island National
Dolores, CO 81323. The meeting will Seashore that could be re-designated as National Park Service
begin at 10 a.m. and adjourn at wilderness upon elimination of these [NPS–AKR–GAAR–19522;PPAKAKROR4;
approximately 12 p.m. A public non-conforming uses. The National Park PPMPRLE1Y.LS0000]
comment period regarding matters on Service (NPS) described the wilderness
tkelley on DSK3SPTVN1PROD with NOTICES
the agenda will be held at 11 a.m. and potential wilderness areas on maps Notice of Open Public Meeting and
FOR FURTHER INFORMATION CONTACT: entitled ‘‘Wilderness Plan—Fire Island Teleconference for the National Park
Barbara Sharrow, BLM Colorado National Seashore,’’ dated December Service Alaska Region’s Subsistence
Southwest District Acting District 1980. In November 1983, the NPS Resource Commission Program
Manager, 970–240–5300; or Shannon adopted the ‘‘Wilderness Management AGENCY: National Park Service, Interior.
Borders, Public Affairs Specialist, 970– Plan, Fire Island National Seashore’’
ACTION: Meeting notice.
240–5300; 2505 S. Townsend Ave., which also contained the legal
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Document Created: 2018-02-27 08:54:04
Document Modified: 2018-02-27 08:54:04
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of availability; request for comments. | |
| Dates | To ensure consideration, please submit written comments by November 20, 2015. | |
| Contact | Tim Romanski, Conservation Planning and Hydropower Branch Chief, Washington Fish and Wildlife Office (see | |
| FR Citation | 80 FR 63830 |
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