[Federal Register Volume 63, Number 190 (Thursday, October 1, 1998)]
[Notices]
[Pages 52741-52742]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-25967]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Endangered and Threatened Wildlife and Plants: Notice of 
Availability and Opening of Comment Period for an Environmental 
Assessment/Habitat Conservation Plan and Receipt of Application for 
Incidental Take Permit for the 160-Acre Lazy K Bar Ranch in Pima 
County, AZ

AGENCY: Fish and Wildlife Service, DOI.

ACTION: Notice: Issuance of an incidental take permit for a Habitat 
Conservation Plan (HCP).

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SUMMARY: The U.S. Fish and Wildlife Service (Service) provides notice 
of the availability of an EA/HCP for the Lazy K Bar Ranch in Pima 
County, Arizona. LKB, LLC (Applicant) has applied to the Service for an 
incidental take permit pursuant to Section 10(a)(1)(B) of the 
Endangered Species Act (Act). The Applicant has been assigned permit 
number TE 2796-0. The requested permit, which is in perpetuity, would 
authorize incidental take in the form of habitat loss and harassment of 
the endangered cactus ferruginous pygmy-owl (Glaucidium brasilianum 
cactorum). The proposed take on 160-acres of private land would occur 
from resort/guest ranch and/or residential land uses on the Lazy K Bar 
Ranch, Pima County, Arizona.
    The Service has prepared the Environmental Assessment/Habitat 
Conservation Plan (EA/HCP) for the incidental take application. A 
determination of jeopardy to the species or a Finding of No Significant 
Impact (FONSI) will not be made until at least 30 days from the date of 
publication of this notice. This notice is provided pursuant to Section 
10(c) of the Act and National Environmental Policy Act regulations (40 
CFR 1506.6).

DATES: Written comments on the application should be received on or 
before November 2, 1998.

ADDRESSES: Persons wishing to review the application may obtain a copy 
by writing to the Regional Director, U.S. Fish and Wildlife Service, 
P.O. Box 1306, Albuquerque, New Mexico 87103. Persons wishing to review 
the EA/HCP may obtain a copy by contacting Tom Gatz, Acting Field 
Supervisor, Arizona Ecological Services Field Office, 2321 West Royal 
Palm Road, Suite 103, Phoenix, Arizona 85021, (602-640-2720; Fax 602-
640-2730). Documents will be available for public inspection by written 
request, by appointment only, during normal business hours (8:00 to 
4:30), U.S. Fish and Wildlife Service, Phoenix, Arizona. Written data 
or comments concerning the application and EA/HCP should be submitted 
to the Field Supervisor, Ecological Services Field Office, Phoenix, 
Arizona (see address above). Please refer to permit number TE 2796-0 
when submitting comments.

FOR FURTHER INFORMATION CONTACT: Tom Gatz or Angela Brooks at the above 
Arizona Ecological Services Field Office.

SUPPLEMENTARY INFORMATION: Section 9 of the Act prohibits the 
``taking'' of threatened and endangered species such as the cactus 
ferruginous pygmy-owl. However, the Service, under limited 
circumstances, may issue permits to take threatened or endangered 
wildlife species incidental to, and not the purpose of, otherwise 
lawful activities. Regulations governing permits for endangered species 
are at 50 CFR 17.22.
    The EA considers the environmental consequences of two 
alternatives, including the proposed action. Two other alternatives 
were explored, but were rejected as unworkable. The proposed action 
alternative is issuance of the incidental take permit and 
implementation of the HCP as submitted by the Applicant. The HCP 
provides conservation measures to minimize take and conserve Plan 
Species habitats within the project area. The HCP also provides funding 
for monitoring of Plan Species populations and habitats and for its 
implementation.

APPLICANT: LKB, LLC proposes to purchase the Lazy K Bar Ranch from its 
current owner and develop 50 residential lots on the 160-acre . The 
anticipated incidental take will be limited to harassment of up to two 
adult cactus ferruginous pygmy-owls (and their young) that may be 
associated with any construction activities within the subject property 
and loss of approximately 31 acres of potential habitat from proposed 
residential development. The Lazy K Bar Ranch is located in Pima 
County, northwest of Tucson, Arizona.


[[Page 52742]]


    Dated: September 22, 1998.
Geoffrey J. Haskett,
Acting Regional Director, Region 2, Albuquerque, New Mexico.
[FR Doc. 98-25967 Filed 9-30-98; 8:45 am]
BILLING CODE 4510-55-P