[Federal Register Volume 84, Number 186 (Wednesday, September 25, 2019)]
[Notices]
[Pages 50470-50471]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20729]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R4-ES-2019-N129; FXES11130400000EA-123-FF04EF1000]


Receipt of Incidental Take Permit Application and Proposed 
Habitat Conservation Plan for the Alabama Beach Mouse, Baldwin County, 
AL; Categorical Exclusion

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comment and information.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce 
receipt of an application from Creek Holdings, LLC (applicant), for an 
incidental take permit (ITP) under the Endangered Species Act. The 
applicant requests the ITP to take the federally listed Alabama beach 
mouse incidental to construction in Baldwin County, Alabama. We request 
public comment on the application, which includes the applicant's 
proposed habitat conservation plan (HCP), and the Service's preliminary 
determination that this HCP qualifies as ``low effect,'' categorically 
excluded, under the National Environmental Policy Act. To make this 
determination, we used our environmental action statement and low-
effect screening form, both of which are also available for public 
review.

DATES: We must receive your written comments on or before October 25, 
2019.

ADDRESSES: Obtaining Documents: Documents are available for public 
inspection by appointment during

[[Page 50471]]

regular business hours at either of the following locations:
     Atlanta Regional Office, Ecological Services, U.S. Fish 
and Wildlife Service, 1875 Century Boulevard, Atlanta, GA 30345.
     Alabama Ecological Services Office, U.S. Fish and Wildlife 
Service, 1208 Main Street, Daphne, Alabama.
    Submitting Comments: If you wish to submit comments on any of the 
documents, you may do so by one of the following methods. Please 
reference TE33502D-0 in all comments. For additional guidance on 
submitting comments, please see Public Comments under SUPPLEMENTARY 
INFORMATION.
     U.S. mail: You may mail comments to the Service's Atlanta 
Regional Office.
     Hand-delivery: You may hand-deliver comments to the 
Atlanta or Alabama Offices.
     Email: You may email comments to [email protected]. 
Please include your name and email address in your email message. If 
you do not receive an email confirmation from us that we have received 
your email message, contact us directly at either telephone number in 
FOR FURTHER INFORMATION CONTACT.

FOR FURTHER INFORMATION CONTACT: Mr. David Dell, Regional HCP 
Coordinator, at the Atlanta Regional Office (see ADDRESSES) or Mr. 
William Lynn, Project Manager, at the Alabama Ecological Services 
Office (see ADDRESSES) or by telephone at 251-441-5868. If you use a 
telecommunications device for the deaf (TDD), please call the Federal 
Relay Service at 800-877-8339.

SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service 
(Service), announce receipt of an application from Creek Holdings, LLC 
(applicant), for an incidental take permit (ITP) under the Endangered 
Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.). The 
applicant requests the ITP to take the federally listed Alabama beach 
mouse (Peromyscus polionotus ammobates) incidental to the construction 
of seven single family homes and amenities development (project) in 
Baldwin County, Alabama. We request public comment on the application, 
which includes the applicant's proposed habitat conservation plan (HCP) 
and the Service's preliminary determination that this HCP qualifies as 
``low effect,'' categorically excluded, under the National 
Environmental Policy Act (NEPA; 42 U.S.C. 4231 et seq.). To make this 
determination, we used our environmental action statement and low-
effect screening form, both of which also are available for public 
review.

Project

    The applicant requests a 50-year ITP to take Alabama beach mice 
incidental to the conversion of approximately 0.63 acres of occupied 
Alabama beach mouse habitat for the construction of seven single family 
homes with amenities on a 2.83-acre parcel in Baldwin County, Alabama. 
The applicant proposes to implement standard minimization and 
mitigation measures to mitigate for take of the species. The standard 
mitigation and minimization measures include reducing the construction 
footprint on each of the seven lots by 0.10 acres or less and shifting 
the development south to increase habitat continuity for the species. 
The applicant will also install fully shielded exterior lighting and 
tinted windows within the development, landscape with native 
vegetation, construct driveways with materials that will not disperse 
in a storm surge, and implement refuse control measures during 
construction as well as require that future residents utilize such 
measures and restore species' habitat after tropical storms. The use of 
exterior rodenticide and ownership of free-roaming cats will be 
prohibited within the development. Monitoring of the onsite Alabama 
beach mouse population will occur via fall and spring trapping surveys 
conducted twice a year for 50 years. The Service would require the 
applicant to ensure the availability of funding for this HCP is 
available prior to engaging in activities associated with the project 
on the parcel.

Public Availability of Comments

    Before including your address, phone number, email address, or 
other personal identifying information in your comment, be aware that 
your entire comment--including your personal identifying information--
may be made available to the public. While you may request that we 
withhold your personal identifying information, we cannot guarantee 
that we will be able to do so.

Our Preliminary Determination

    The Service has made a preliminary determination that the 
applicant's project, including land clearing, infrastructure building, 
landscaping, and the proposed minimization and mitigation measures, 
would individually and cumulatively have a minor or negligible effect 
on the Alabama beach mouse and the environment. Therefore, we have 
preliminarily concluded that the ITP for this project would qualify for 
categorical exclusion and the HCP is low effect under our NEPA 
regulations at 43 CFR 46.205 and 46.210. A low-effect HCP is one that 
would result in (1) minor or negligible effects on federally listed, 
proposed, and candidate species and their habitats; (2) minor or 
negligible effects on other environmental values or resources; and (3) 
impacts that, when considered together with the impacts of other past, 
present, and reasonably foreseeable similarly situated projects, would 
not over time result in significant cumulative effects to environmental 
values or resources.

Next Steps

    The Service will evaluate the application and the comments received 
to determine whether to issue the requested permit. We will also 
conduct an intra-Service consultation pursuant to section 7 of the ESA 
to evaluate the effects of the proposed take. After considering the 
above findings, we will determine whether the permit issuance criteria 
of section 10(a)(l)(B) of the ESA have been met. If met, the Service 
will issue ITP number TE33502D-0 to Creek Holdings, LLC.

Authority

    The Service provides this notice under section 10(c) (16 U.S.C. 
1539(c)) of the ESA and NEPA regulation 40 CFR 1506.6.

William J. Pearson,
Field Supervisor, Alabama Field Office, Southeast Region.
[FR Doc. 2019-20729 Filed 9-24-19; 8:45 am]
 BILLING CODE 4333-15-P