[Federal Register Volume 81, Number 174 (Thursday, September 8, 2016)]
[Notices]
[Pages 62170-62172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21285]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R2-ES-2015-N130; FXES11130200000-167-FF02ENEH00]


Draft Screening Form and Draft Low-Effect Habitat Conservation 
Plan for the Scenic Arizona Perez Home Development; Mohave County, AZ

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 Alex Perez (applicant) for a 5-year 
incidental take permit for the threatened Mojave Desert tortoise 
pursuant to the Endangered Species Act of 1973, as amended (Act). We 
are requesting comments on the permit application, the draft Habitat 
Conservation Plan (HCP), and the preliminary determination that the 
proposed HCP qualifies as a ``low-effect'' HCP, eligible for a 
categorical exclusion under the National Environmental Policy Act 
(NEPA) of 1969, as amended. The basis for this determination is 
discussed in the environmental action statement (EAS) and associated 
low-effect screening form, which are also available for public review.

DATES: To ensure consideration, written comments must be received or 
postmarked on or before October 11, 2016. Any comments that we receive 
after the closing date may not be considered.

ADDRESSES: 
    Availability of Documents: The draft EAS, low-effect screening 
form, and draft Scenic Arizona Perez Home Development Low-Effect 
Habitat Conservation Plan are available by the following methods:
     Internet: Documents are available on the Internet at the 
Service's Web site, at http://www.fws.gov/southwest/es/arizona/.

[[Page 62171]]

     U.S. Mail: A limited number of CD-ROM and printed copies 
of both documents are available, by request, from Mr. Steve Spangle, 
Field Supervisor, Arizona Ecological Services Field Office, 9828 North 
31st Ave. #C3, Phoenix, AZ 85051-2517; telephone: 602-242-0210; fax: 
602-242-2513. Please note that your request is in reference to the 
Scenic Arizona Perez Home Development Low-Effect Habitat Conservation 
Plan HCP.
     In-Person: Copies of all documents are also available for 
public inspection and review at the following locations, by written 
request and appointment only, 8 a.m. to 4:30 p.m.:
     U.S. Fish and Wildlife Service, 500 Gold Avenue SW., Room 
6034, Albuquerque, NM 87102.
     U.S. Fish and Wildlife Service, Arizona Ecological 
Services Field Office, 9828 North 31st Ave. #C3, Phoenix, AZ 85051-
2517; telephone: 602-242-0210; fax: 602-242-2513.
    Comment submission: We request that you send comments only by one 
of the methods described below. Comments submitted by any other means 
may not be considered. Please note that your request is in reference to 
the Scenic Arizona Perez Home Development Low-Effect HCP.
     Electronically: Send comments to [email protected].
     By hard copy: Submit comments by U.S. mail or hand-
delivery to: U.S. Fish and Wildlife Service, Arizona Ecological 
Services Field Office, 9828 North 31st Ave. #C3, Phoenix, AZ 85051-
2517; telephone: 602-242-0210.

FOR FURTHER INFORMATION CONTACT: Brian Wooldridge, Arizona Ecological 
Services Field Office--Flagstaff Office, 2500 S. Pine Knoll Dr., 
Flagstaff, AZ 86001; telephone (928-556-2106, extension 236); or by 
email ([email protected]).

SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service 
(Service), have received an application from Alex Perez (applicant) for 
a 5-year incidental take permit for one covered species pursuant to 
section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended 
(16 U.S.C. 1531 et seq., Act). The application addresses the potential 
``take'' of the threatened Mojave Desert tortoise in the course of 
activities associated with single-family home development activities on 
10 acres of private land in the town of Scenic, Mohave County, Arizona. 
Measures to avoid and minimize impacts resulting from project 
activities would be implemented as described in the proposed HCP by the 
applicant.
    We are requesting comments on the permit application and on the 
preliminary determination that the proposed HCP qualifies as a ``low-
effect'' HCP, eligible for a categorical exclusion under the NEPA of 
1969, as amended. The basis for this determination is discussed in the 
EAS and associated low-effect screening form, which are also available 
for public review.

Background

    The applicant is seeking a 5-year permit under section 10(a)(1)(B) 
of the Act. If we approve the permit, the applicant anticipates the 
take of Mojave Desert tortoises (Gopherus agassizii) as a result of 
impacts to habitat the species uses for breeding, feeding, and 
sheltering. The take would be incidental to the applicant's activities 
associated with constructing the Scenic Arizona Perez Home Development.
    Mr. Alex Perez purchased the 10 acres in Scenic, Arizona, and 
subdivided them into eight parcels to be developed with single-family 
homes. On each parcel, home-development activities would include 
clearing, building pads for homes and associated garages, and 
constructing homes and garages.
    To minimize take of Mojave Desert tortoises by the project and 
offset impacts to its habitat, tortoises within the proposed impact 
areas will be relocated to land managed by the Bureau of Land 
Management approximately 2 miles southwest of the project site prior to 
initiation of development activities. It is anticipated that relocated 
tortoises will continue to contribute to the long-term conservation and 
survival of the species.
    In addition, it is possible that only half of each parcel will be 
developed, leaving intact suitable tortoise habitat within the project 
area after project completion. Because tortoises are currently 
occupying burrows within similar habitat on nearby developed parcels, 
it is possible that tortoises will continue to use the undeveloped 
suitable habitat remaining on the project site after project 
completion.

Our Preliminary Determination

    We have made a preliminary determination that the incidental take 
permit for this project is ``low effect'' and qualifies for categorical 
exclusion under the NEPA, as provided by 43 CFR 46.205, 43 CFR 46.210 
and 516 Department Manual 8.5(C)(2).
    We base our determination that the proposed HCP qualifies as a low-
effect plan on the following three criteria:
    (1) Implementation of the HCP would result in minor or negligible 
effects on federally listed, proposed, and candidate species and their 
habitats, including designated critical habitat;
    (2) Implementation of the HCP would result in minor or negligible 
effects on other environmental values or resources; and
    (3) Impacts of the HCP, considered together with the impacts of 
other past, present, and reasonably foreseeable similarly situated 
projects, would not result, over time, in cumulative effects to 
environmental values or resources that would be considered significant.
    Based upon this preliminary determination, we do not intend to 
prepare further NEPA documentation. We will consider public comments in 
making the final determination on whether to prepare such additional 
documentation.

Next Steps

    We will evaluate the proposed HCP and comments we receive to 
determine whether the permit application meets the requirements and 
issuance criteria under section 10(a) of the Act (16 U.S.C. 1531 et 
seq.). We will also evaluate whether issuing a section 10(a)(1)(B) 
incidental take permit would comply with section 7 of the Act by 
conducting an intra-Service consultation. We will use the results of 
this consultation, in combination with the above findings, in our final 
analysis to determine whether or not to issue a permit. If the 
requirements and issuance criteria under section 10(a) are met, we will 
issue the permit to the applicant for incidental take of Mojave Desert 
tortoise.

Public Availability of Comments

    Written comments we receive become part of the public record 
associated with this action. Before including your address, phone 
number, email address, or other personal identifying information in 
your comment, you should be aware that your entire comment--including 
your personal identifying information--may be made publicly available 
at any time. While you can request in your comment that we withhold 
your personal identifying information from public review, we cannot 
guarantee that we will be able to do so. We will not consider anonymous 
comments. All submissions from organizations or businesses, and from 
individuals identifying themselves as representatives or officials of 
organizations or businesses, will be made available for public 
disclosure in their entirety.

Authority

    We provide this notice under section 10(c) of the Act (16 U.S.C. 
1531 et seq.)

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and its implementing regulations (50 CFR 17.22) and the NEPA (42 U.S.C. 
4321 et seq.) and its implementing regulations (40 CFR 1506.6).

Joy E. Nicholopoulous,
Acting Regional Director, Southwest Region.
[FR Doc. 2016-21285 Filed 9-7-16; 8:45 am]
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