[Federal Register Volume 80, Number 203 (Wednesday, October 21, 2015)]
[Notices]
[Pages 63830-63832]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-26692]


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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.

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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

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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