[Federal Register Volume 85, Number 207 (Monday, October 26, 2020)]
[Notices]
[Pages 67767-67768]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23591]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R1-ES-2020-N127; FXES11140100000-201-FF01E00000]


Proposed Habitat Conservation Plan and Draft Environmental 
Assessment for the Tumwater East Distribution Center and Tumwater West 
Conservation Site, 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, received an 
application from Puget Western, Incorporated, for an incidental take 
permit pursuant to the Endangered Species Act. The application includes 
a habitat conservation plan (HCP), which describes the actions the 
applicant will take to minimize and mitigate the impacts of the taking 
of the threatened Olympia subspecies of the Mazama pocket gopher that 
may occur incidental to the otherwise lawful commercial development of 
applicant-owned land in the City of Tumwater, Thurston County, 
Washington. We also announce the availability of a draft environmental 
assessment addressing the HCP and proposed permit. We invite comments 
from all interested parties.

DATES: To ensure consideration, please submit written comments by 
November 25, 2020.

ADDRESSES: 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 ``Tumwater Distribution Center 
HCP'':
     Internet: You may view or download copies of the 
HCP and draft EA and obtain additional information at http://www.fws.gov/wafwo/.
     Email: [email protected]. Include ``Tumwater 
Distribution Center HCP'' in the subject line of the message.
     U.S. Mail: Public Comments Processing, Attn: 
FWS-R1-ES-2020-N127; U.S. Fish and Wildlife Service; Washington Fish 
and Wildlife Office, 510 Desmond Drive SE, Suite 102, Lacey, WA 98503.

FOR FURTHER INFORMATION CONTACT: Tim Romanski, Conservation Planning 
and Hydropower Branch Manager, Washington Fish and Wildlife Office (see 
ADDRESSES); telephone: 360-753-5823. If you use a telecommunications 
device for the deaf, please call the Federal Relay Service at 800-877-
8339.

SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service 
(Service), received an application from Puget Western, Incorporated, 
including its wholly owned subsidiaries Tumwater West Conservation Site 
LLC, Tumwater East I-5 Distribution Center LLC, and Tumwater East I-5 
Commercial LLC (applicant) for an incidental take permit (ITP) pursuant 
to section 10(a)(1)(B) of the Endangered Species Act of 1973, as 
amended (ESA; 16 U.S.C. 1531 et seq.). The applicant requests an ITP 
that would authorize ``take'' of the threatened Olympia subspecies of 
the Mazama pocket gopher (Thomomys mazama pugetensis; hereafter 
referred to as the Olympia pocket gopher) incidental to otherwise 
lawful commercial warehouse construction and associated infrastructure 
improvements for stormwater and transportation safety in Thurston 
County, Washington. The application includes a habitat conservation 
plan (HCP), which describes the actions the applicant will take to 
minimize and mitigate the impacts of the taking on the covered species. 
The Service also announces the availability of a draft environmental 
assessment (EA) addressing the HCP and proposed ITP. As the EA was 
developed prior to the Council on Environmental Quality's issuance of 
updated regulations implementing NEPA which went into effect on 
September 14, 2020 (40 CFR 1506.13), the EA was completed under the 
previous regulations in the interest of time and efficiency. We invite 
comments from all interested parties regarding the ITP application, 
including the HCP and draft 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 to carry out 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 ESA contains provisions that authorize 
the

[[Page 67768]]

Service to issue permits 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 HCP. 
Regulations governing permits for endangered and threatened species are 
found at 50 CFR 17.22 and 17.32, respectively.

Proposed Action

    In this case, the applicant is requesting an ITP with a 20-year 
term that would authorize take of the Olympia pocket gopher incidental 
to otherwise lawful construction of commercial warehouse(s) and 
associated infrastructure improvements for stormwater and 
transportation safety. The application includes an HCP that describes 
the actions the applicant will take to minimize and mitigate the 
impacts of the taking on the covered species.
    The applicant is proposing development activities and conservation 
site measures on approximately 151.2 acres of land. Development 
activities include construction of a warehouse distribution and 
commercial center and associated infrastructure improvements for 
stormwater and transportation safety. The area covered under the 
applicant's HCP consists of a project development site totaling 83.7 
acres located southwest of the intersection of 93rd Ave. SW and Kimmie 
St. SW in the City of Tumwater, Thurston County, Washington. Portions 
of the approximately 79-acre project site and the 4.7 acres of adjacent 
roads are suitable for and/or occupied by the Olympia pocket gopher. 
Take of the Olympia pocket gopher would occur on approximately 22 acres 
of occupied habitat. Impacts to suitable habitat may result in 
additional impacts to Olympia pocket gopher if that habitat becomes 
occupied before construction. The applicant's HCP will provide 
offsetting mitigation for impacts to the Olympia pocket gopher at the 
67.5-acre Tumwater West property. The Service proposes to issue the 
requested 20-year permit based on the applicant's commitment to 
implement the HCP, if permit issuance criteria are met.

National Environmental Policy Act Compliance

    The proposed issuance of a permit is a Federal action that triggers 
the need for compliance with the National Environmental Policy Act of 
1969, as amended (NEPA; 42 U.S.C. 4321 et seq.). Pursuant to the 
requirements of NEPA, we have prepared a draft EA to analyze the 
environmental impacts of a reasonable range of alternatives to the 
proposed Federal permit action. As the EA was developed prior to the 
Council on Environmental Quality's issuance of updated regulations 
implementing NEPA which went into effect on September 14, 2020 (40 CFR 
1506.13), the EA was completed under the previous regulations in the 
interest of time and efficiency.
    Alternatives analyzed in the EA include a no-action alternative and 
the proposed alternative. Under the no-action alternative, the proposed 
Federal action of issuing the permit would not proceed. Because there 
is no way to avoid all impacts to the listed species at the project 
site, the commercial development would not be constructed under the no-
action alternative. The proposed alternative is implementation of the 
HCP and issuance of the requested 20-year permit, as described above.

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 on the adequacy of the 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 in your comments, you should be aware that your entire 
comment--including your personally identifiable information--may be 
made publicly available at any time. While you can ask us in your 
comment to withhold your personally identifiable information from 
public review, we cannot guarantee that we will be able to do so. 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.

Next Steps

    After public review and 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 received, 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 under section 7(a)(2) of the ESA on anticipated 
ITP actions. 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 incidental 
take permit under section 10(a)(1)(B) of the ESA to the applicant for 
the take of the 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).

Robyn Thorson,
Regional Director, U.S. Fish and Wildlife Service.
[FR Doc. 2020-23591 Filed 10-23-20; 8:45 am]
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