Notice2022-02932
St. Martin's Habitat Conservation Plan and Categorical Exclusion for the Yelm Mazama Pocket Gopher, Thurston County, Washington
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 11, 2022
Issuing agencies
Interior DepartmentFish and Wildlife Service
Abstract
We, the U.S. Fish and Wildlife Service, received an application from Saint Martin's Abbey (applicant) for an incidental take permit (ITP) pursuant to the Endangered Species Act. The ITP would authorize the applicant's take of the Yelm subspecies of the Mazama pocket gopher, incidental to otherwise lawful construction and maintenance activities at Saint Martin's University in Thurston County, Washington. The application includes a habitat conservation plan (HCP) with measures to minimize and mitigate the impacts of the taking on the covered species. We have also prepared a draft environmental action statement for our preliminary determination that the HCP and our permit decision may be eligible for categorical exclusion under the National Environmental Policy Act. We provide this notice to open a public comment period and invite comments from all interested parties regarding the documents.
Full Text
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<title>Federal Register, Volume 87 Issue 29 (Friday, February 11, 2022)</title>
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[Federal Register Volume 87, Number 29 (Friday, February 11, 2022)]
[Notices]
[Pages 8029-8031]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-02932]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R1-ES-2022-0005; FXES11140100000-212-FF01E0000]
St. Martin's Habitat Conservation Plan and Categorical Exclusion
for the Yelm Mazama Pocket Gopher, 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 Saint Martin's Abbey (applicant) for an incidental
take permit (ITP) pursuant to the Endangered Species Act. The ITP would
authorize the applicant's take of the Yelm subspecies of the Mazama
pocket gopher, incidental to otherwise lawful construction and
maintenance activities at Saint Martin's University in Thurston County,
Washington. The application includes a habitat conservation plan (HCP)
with measures to minimize and mitigate the impacts of the taking on the
covered species. We have also prepared a draft environmental action
statement for our preliminary determination that the HCP and our permit
decision may be eligible for categorical exclusion under the National
Environmental Policy Act. We provide this notice to open a public
comment period and invite comments from all interested parties
regarding the documents.
DATES: Please submit written comments by March 14, 2022.
ADDRESSES: To request further information or submit written comments,
please use one of the following methods:
<bullet> Internet: You may view or download copies of the HCP,
draft environmental action statement, and additional information at
<a href="http://www.fws.gov/wafwo/">http://www.fws.gov/wafwo/</a>. You may submit
[[Page 8030]]
comments via <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the instructions for
submitting comments on Docket No. FWS-R1-ES-2022-0005.
<bullet> Email: <a href="/cdn-cgi/l/email-protection#3d4a5b4a525e5250505853494e7d5b4a4e135a524b"><span class="__cf_email__" data-cfemail="542332233b373b3939313a2027143223277a333b22">[email protected]</span></a>. Include ``St. Martin's Abbey
HCP'' in the subject line of the message.
<bullet> U.S. Mail: Public Comments Processing; Attn: Docket No.
FWS-R1-ES-2022-0005; U.S. Fish and Wildlife Service Headquarters, MS:
PRB/3W; 5275 Leesburg Pike, Falls Church, VA 22041-3803.
FOR FURTHER INFORMATION CONTACT: Marty Acker, Section 10/NEPA
Coordinator, Washington Fish and Wildlife Office, U.S. Fish and
Wildlife Service (see ADDRESSES), telephone: 360-753-9440. 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 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 ITP would authorize the
applicant's ``take'' of the Yelm subspecies of the Mazama pocket gopher
(Thomomys mazama yelmensis), listed as threatened under the ESA,
incidental to otherwise lawful construction and maintenance activities
at Saint Martin's University in Thurston County, Washington. The
application includes a habitat conservation plan (HCP) that describes
actions the applicant will take to minimize and mitigate the impacts of
the taking on the Yelm pocket gopher (the covered species). We have
also prepared a draft environmental action statement (EAS) for our
preliminary determination that the HCP and our permit decision may be
eligible for a categorical exclusion under the National Environmental
Policy Act (NEPA; 42 U.S.C. 4321 et seq.). We provide this notice to
open a public comment period and invite comments from all interested
parties regarding the documents.
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).
Section 10(a)(1)(B) of the ESA contains provisions that authorize
the 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 plan.
Regulations governing permits for endangered and threatened species are
found at 50 CFR 17.22 and 17.32, respectively.
Proposed Action
The applicant proposes to construct and maintain facilities on the
existing Saint Martin's University campus in Thurston County,
Washington. The HCP plan area is a 232-acre (ac) area. As described in
the HCP, within the plan area, the 139-ac redevelopment area (permit
area) contains 3.4 ac of occupied Yelm pocket gopher habitat, 1.4 ac of
unoccupied Yelm pocket gopher habitat, 7.1 ac of landscaped trees and
shrubs, 68.4 ac of developed buildings and infrastructure, and 0.7 ac
of stormwater facilities, while the remaining 57.5 ac is forest, and
not habitat. Proposed covered activities include construction within
the 139-ac permit area during the 20-year permit term that may include
construction and maintenance of up to six new buildings; replacement of
existing buildings; construction and maintenance of associated parking
lots, sidewalks, landscaping, storm water facilities, and utilities;
and landscaping and management of athletic fields. The final number of
buildings and activities are currently unknown, and building will be in
response to University growth and student body needs, so the HCP
describes the maximum amount of proposed construction and maintenance
activity likely to occur during the permit term.
The proposed action is anticipated to impact up to 12 ac of Yelm
pocket gopher habitat in the permit area. Due to differences in Yelm
pocket gopher occupancy, the applicant has proposed a functional-ac
system to quantify the impacts to the Yelm pocket gopher at the project
site, based on the extent and permanence of impacts to ac of habitat.
In this system, acreages are weighted according to Yelm pocket gopher
occupancy, existing habitat quality, and land development. The
resulting value is 4 functional ac of impact, out of the original 12 ac
of Yelm pocket gopher habitat in the redevelopment area. The plan area
also includes 26 ac of Yelm pocket gopher habitat outside of the
redevelopment area on fields that are maintained by mowing.
The applicant proposes to mitigate for unavoidable impacts to Yelm
pocket gopher by acquiring credits in the Service-approved Leitner
Prairie conservation site, which is currently occupied by the Yelm
pocket gopher. These credits will fully fund the permanent management,
monitoring, and adaptive management on 4 ac of the Leitner Prairie
conservation site. The conservation site will be managed for successful
Yelm pocket gopher feeding, breeding, and sheltering.
In addition to mitigation at the conservation site, 26 ac of
grassland habitat occupied by Yelm pocket gophers will be maintained on
the project site by mowing during the 20-year permit term to provide
additional mitigation. This mitigation offsets the impact of the taking
attributable to the project site being located outside of the service
area where the conservation site is located. Service areas are
geographic areas we have defined to recognize possible differences
between subpopulations within the range of the Yelm pocket gopher.
The Service proposes to issue the requested 20-year ITP based on
the applicant's commitment to implement the HCP, if ESA section
10(a)(2)(B) permit issuance criteria are met.
Public Comments
You may submit your comments and materials by one of the methods
listed in ADDRESSES. We specifically request information, views, and
suggestions from interested parties regarding our proposed Federal
action, including, without limitation, adequacy of the HCP, whether the
HCP meets requirements for permits at 50 CFR parts 13 and 17, and
adequacy of the EAS pursuant to the requirements of NEPA. We will post
all comments on <a href="https://www.regulations.gov">https://www.regulations.gov</a>. This generally means that
we will post online any personal information that you provide (see
Public Availability of Comments under SUPPLEMENTARY INFORMATION). We
request that you submit comments by only the methods described above.
Public Availability of Comments
All comments and materials we receive become part of the public
record
[[Page 8031]]
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 on <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Next Steps
After public review, 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)(2)(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 the proposed ITP action. The final NEPA and
permit determinations will not be completed until after the end of the
30-day comment period; we 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
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(c) of the ESA (16 U.S.C. 1531 et seq.) and its implementing
regulations (50 CFR 17.32), and NEPA (42 U.S.C. 4321 et seq.) and its
implementing regulations (40 CFR 1506.6 and 43 CFR 46.205).
Robyn Thorson,
Regional Director, Columbia-Pacific Northwest and Pacific Islands
Regions, U.S. Fish and Wildlife Service.
[FR Doc. 2022-02932 Filed 2-10-22; 8:45 am]
BILLING CODE 4333-15-P
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</html>Indexed from Federal Register on February 11, 2022.
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