[Federal Register Volume 67, Number 55 (Thursday, March 21, 2002)]
[Notices]
[Pages 13185-13187]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-6811]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Receipt of an Application for an Incidental Take Permit for the
Lenox Village Development Site, Nashville, Davidson County, Tennessee
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice.
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Regent Development (Applicant) seeks an incidental take permit
(ITP) from the Fish and Wildlife Service (Service) pursuant to section
10(a)(1)(B) of the Endangered Species Act of 1973 (Act), as amended.
The ITP would authorize incidental take of the endangered Nashville
crayfish (Orconectes shoupi) from a 5-acre lake, incidental to lake
draining for residential development in Nashville, Davidson County,
Tennessee. The Applicant's Habitat Conservation Plan (HCP) describes
the mitigation and minimization measures proposed to address the
effects of the Project to the Nashville crayfish. These measures are
outlined in the SUPPLEMENTARY INFORMATION section below. The Service
has determined that the Applicant's proposal, including the proposed
mitigation and minimization measures, will individually and
cumulatively have a minor or negligible effect on the species covered
in the HCP. Therefore, the ITP is a ``low-effect'' project and would
qualify as a categorical exclusion under the National Environmental
Policy Act (NEPA), as provided by the Department of Interior Manual
(516 DM2, Appendix 1 and 516 DM 6, Appendix 1).
The Service announces the availability of the HCP for the
incidental take application. Copies of the HCP may be obtained by
making a request to the Regional Office (see ADDRESSES). Requests must
be in writing to be processed. This notice is provided pursuant to
Section 10 of the Endangered Species Act and NEPA regulations (40 CFR
1506.6).
The Service specifically requests information, views, and opinions
from the public via this Notice on the federal action. Further, the
Service specifically solicits information regarding the adequacy of the
HCP as measured against the Service's ITP issuance criteria found in 50
CFR Parts 13 and 17.
If you wish to comment, you may submit comments by any one of
several methods. Please reference permit number TE049322-0 in such
comments. You may mail comments to the Service's Regional Office (see
ADDRESSES). You may also comment via the internet to
``[email protected]''. Please submit comments over the internet as an
ASCII file avoiding the use of special characters and any form of
encryption. Please also include your name and return address in your
internet message. If you do not receive a confirmation from the Service
that we have received your internet message, contact us directly at
either telephone number listed below (see FURTHER INFORMATION).
Due to Court order, the Department of Interior has temporarily lost
access to the internet and may not regain it by the time this notice is
published. Commentors are encouraged to submit comments by mail or
express courier, or to call (see FURTHER INFORMATION) to confirm
whether our internet capability has been restored.
Finally, you may hand deliver comments to either Service office
listed below (see ADDRESSES). Our practice is to make comments,
including names and home addresses of respondents, available for public
review during regular business hours. Individual respondents may
request that we withhold their home address from the administrative
record. We will honor
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such requests to the extent allowable by law. There may also be other
circumstances in which we would withhold from the administrative record
a respondent's identity, as allowable by law. If you wish us to
withhold your name and address, you must state this prominently at the
beginning of your comments. We will not, however, consider anonymous
comments. We will make all submissions from organizations or
businesses, and from individuals identifying themselves as
representatives or officials of organizations or businesses, available
for public inspection in their entirety.
DATES: Written comments on the ITP application and HCP should be sent
to the Service's Regional Office (see ADDRESSES) and should be received
on or before April 22, 2002.
ADDRESSES: Persons wishing to review the application, supporting
documentation, and HCP may obtain a copy by writing the Service's
Southeast Regional Office, Atlanta, Georgia. Documents will also be
available for public inspection by appointment during normal business
hours at the Regional Office, 1875 Century Boulevard, Suite 200,
Atlanta, Georgia 30345 (Attn: Endangered Species Permit Coordinator),
or Field Supervisor, U.S. Fish and Wildlife Service, 446 Neal Street,
Cookeville, Tennessee 38501. Written data or comments concerning the
application or HCP should be submitted to the Regional Office. Requests
for the documentation must be in writing to be processed. Please
reference permit number TE049322-0 in such comments, or in requests of
the documents discussed herein.
FOR FURTHER INFORMATION CONTACT: Mr. David Dell, Regional Permit
Coordinator, (see ADDRESSES above), telephone: 404/679-7313; or Ms.
Tyler Sykes, Fish and Wildlife Biologist, Cookeville Field Office, (see
ADDRESSES), telephone 931/528-6481.
SUPPLEMENTARY INFORMATION: Nashville crayfish are limited to the Mill
Creek watershed in Davidson and Williamson counties, Tennessee, near
metropolitan Nashville. This species has been collected in both pool
(adults only) and riffle areas (adults and juveniles). The crayfish
take cover under flattened limestone slabs and rocks of varying sizes
on the predominately gravel and limestone bedrock substrate found in
Mill Creek and its tributaries. Habitat degradation from road and
bridge construction, stream channel modifications, and point and non-
point source runoff threatens the continued survival of the Nashville
crayfish in this restricted range.
The Applicant, Regent Development, requests a permit for incidental
take of Nashville crayfish which would occur from the draining of a 5-
acre lake at Lenox Village, a proposed development site in Davidson
County, Tennessee. The lake is being drained to provide suitable
substrate for construction of houses. If the Applicant decided not to
build in this area, the lake would still be drained to either remove or
repair the dam that is currently holding back the water. The dam has
been deemed unsafe by the Tennessee Department of Environment and
Conservation and the Applicant has been instructed to either remove the
dam or repair it.
Under section 9 of the Act and its implementing regulations,
``taking'' of endangered and threatened wildlife is prohibited.
However, the Service, under limited circumstances, may issue permits to
take such wildlife if the taking is incidental to and not the purpose
of otherwise lawful activities. The Applicant has developed an HCP as
required for their incidental take permit application.
The HCP describes measures the Applicant will take to minimize and
mitigate taking at the Project site. To minimize impacts to the
Nashville crayfish from the draining of Resha Lake, the Applicant will:
1. Install proper erosion control measures prior to draining of the
lake to insure minimal loss of sediment to the downstream channel
during the draining process.
2. Conduct a sweep of the lake prior to initiation of the lake
draining process to remove Nashville crayfish. These crayfish will be
relocated to area(s) designated by the Service.
3. Conduct periodic sweeps throughout the entire lake draining
process to ensure removal of all Nashville crayfish.
To mitigate for any Nashville crayfish that may be taken, the
applicant will provide the following:
1. Reconstruction of the stream channel:
a. The channel will be placed in the lake bed and will mirror the
up- and down-stream portions of the existing stream channel.
b. Slabrocks will be placed in the reconstructed channel to provide
habitat for Nashville crayfish recolonizing the channel.
c. Native vegetation will be planted in buffer zones along the
stream bank.
d. The reconstructed stream channel will be designated as
greenspace in perpetuity.
2. Installation of wet cells:
Retention basins (wet cells) will be strategically located
throughout the property to collect runoff to allow materials harmful to
aquatic species to settle out before that water is released to the
stream.
3. Education:
a. Informational signs discussing the Nashville crayfish and its
habitat will be installed along the reconstructed stream channel.
b. Informational flyers will be distributed through the Homeowners
Association to all residents of Lenox Village discussing the Nashville
crayfish and ways that residents can protect the species' habitat.
As stated above, we have determined that the HCP is a low-effect
plan that is categorically excluded from further NEPA analysis, and
does not require the preparation of an EA or EIS. This preliminary
information may be revised due to public comment received in response
to this notice. Low-effect HCPs are those involving: (1) Minor or
negligible effects on federally listed or candidate species and their
habitats, and (2) minor or negligible effects on other environmental
values or resources. The Applicant's HCP qualifies for the following
reasons:
1. Approval of the HCP would result in minor or negligible effects
on the Nashville crayfish and its habitat. We do not anticipate
significant direct or cumulative effects on this species as a result of
this project, but rather expect the species to benefit.
2. Approval of the HCP would not have adverse effects on known
geographic, historic, or cultural sites, or involve unique or unknown
environmental risks.
3. Approval of the HCP would not result in any significant adverse
effects on public health or safety.
4. The project does not require compliance with Executive Order
11988 (Floodplain Management), Executive Order 11990 (Protection of
Wetlands), or the Fish and Wildlife Coordination Act, nor does it
threaten to violate a federal, state, local, or tribal law or
requirement imposed for protection of the environment.
5. Approval of the HCP would not establish a precedent for future
action or represent a decision in principle about future actions with
potentially significant environmental effects.
The Service will evaluate the HCP and comments submitted thereon to
determine whether the application meets the requirements of section
10(a) of the Act. If it is determined that those requirements are met,
the ITP will be issued for the incidental take of Nashville crayfish on
the Applicant's project site. The Service will also evaluate whether
issuance of the section
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10(a)(1)(B) ITP complies with section 7 of the Act by conducting an
intra-Service section 7 consultation. The results of this consultation,
in combination with the above findings, will be used in the final
analysis to determine whether or not to issue the ITP.
Dated: March 7, 2002.
David P. Flemming,
Acting Regional Director.
[FR Doc. 02-6811 Filed 3-20-02; 8:45 am]
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