Notice2022-21974
Spring Mountain Raceway and Motor Resort, Nye County, Nevada; Receipt and Availability for Public Comment: Incidental Take Permit Application, Draft Habitat Conservation Plan, and Draft NEPA Categorical Exclusion
Primary source
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Published
October 11, 2022
Issuing agencies
Interior DepartmentFish and Wildlife Service
Abstract
We, the U.S. Fish and Wildlife Service (Service), announce the receipt and availability of an application for an incidental take permit (ITP) under the Endangered Species Act (ESA) and an associated draft habitat conservation plan (HCP). Additionally, consistent with the requirements of the National Environmental Policy Act (NEPA), we have prepared a draft low-effect screening form and environmental action statement supporting our preliminary determination that the proposed permit action qualifies for a categorical exclusion under NEPA. The Spring Mountain Raceway and Motor Resort has applied for an ITP under the ESA for their HCP for a 56-acre go-kart project in Nye County, Nevada. The ITP would authorize the take of Mojave desert tortoise (Gopherus agassizii) incidental to development, construction, and operation of the project. We invite the public and local, State, Tribal, and Federal agencies to comment on the permit application, proposed low-effect HCP, and NEPA categorical exclusion determination documentation. Before issuing the requested ITP, we will take into consideration any information that we receive during the public comment period.
Full Text
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<title>Federal Register, Volume 87 Issue 195 (Tuesday, October 11, 2022)</title>
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[Federal Register Volume 87, Number 195 (Tuesday, October 11, 2022)]
[Notices]
[Pages 61347-61349]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-21974]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS-R8-ES-2022-0073; FXES11130800000-212-FF08ENVS00]
Spring Mountain Raceway and Motor Resort, Nye County, Nevada;
Receipt and Availability for Public Comment: Incidental Take Permit
Application, Draft Habitat Conservation Plan, and Draft NEPA
Categorical Exclusion
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for comment.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the
receipt and availability of an application for an incidental take
permit (ITP) under the Endangered Species Act (ESA) and an associated
draft habitat conservation plan (HCP). Additionally, consistent with
the requirements of the National Environmental Policy Act (NEPA), we
have prepared a draft low-effect screening form and environmental
action statement supporting our preliminary determination that the
proposed permit action qualifies for a categorical exclusion under
NEPA. The Spring Mountain Raceway and Motor Resort has applied for an
ITP under the ESA for their HCP for a 56-acre go-kart project in Nye
County, Nevada. The ITP would authorize the take of Mojave desert
tortoise (Gopherus agassizii) incidental to development, construction,
and operation of the project. We invite the public and local, State,
Tribal, and Federal agencies to comment on the permit application,
proposed low-effect HCP, and NEPA categorical exclusion determination
documentation. Before issuing the requested ITP, we will take into
consideration any information that we receive during the public comment
period.
DATES: Written comments must be received on or before November 10,
2022.
ADDRESSES:
[[Page 61348]]
Obtaining Documents: The documents announced by this notice, as
well as any comments and other materials that we receive, will be
available for public inspection in Docket No. FWS-R8-ES-2022-0073 at
<a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Submitting Comments: To send written comments, please use one of
the following methods and identify to which document your comments are
in reference--the draft HCP or NEPA compliance documentation.
<bullet> Internet: Submit comments at <a href="https://www.regulations.gov">https://www.regulations.gov</a>
under Docket No. FWS-R8-ES-2022-0073.
<bullet> U.S. Mail: Public Comments Processing, Attn: Docket No.
FWS-R8-ES-2022-0073; U.S. Fish and Wildlife Service Headquarters, MS:
PRB/3W; 5275 Leesburg Pike; Falls Church, VA 22041-3803.
For more information, see Public Comments and Public Availability
of Comments under SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT: Glen W. Knowles, Field Supervisor,
Southern Nevada Fish and Wildlife Office, by phone at 702-515-5244.
Individuals in the United States who are deaf, deafblind, hard of
hearing, or have a speech disability may dial 711 (TTY, TDD, or
TeleBraille) to access telecommunications relay services. Individuals
outside the United States should use the relay services offered within
their country to make international calls to the point-of-contact in
the United States.
SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service
(Service), announce the receipt of a permit application from the Spring
Mountain Raceway and Motor Resort (applicant), for a 2-year incidental
take permit (ITP) under section 10(a)(1)(B) of the Endangered Species
Act, as amended (ESA; 16 U.S.C. 1531 et seq.). Application for the
permit requires the preparation of a habitat conservation plan (HCP)
with measures to avoid, minimize, and mitigate the impacts of
incidental take of endangered, threatened, or candidate species to the
maximum extent practicable. The applicant prepared a draft low-effect
HCP for a 56-acre go-kart project pursuant to section 10(a)(1)(B) of
the ESA.
The Service's consideration of issuing an ITP also requires
evaluation of its potential impacts on the natural and human
environment in accordance with the National Environmental Policy Act
(NEPA; 42 U.S.C. 4321 et seq.). The Service has prepared a low-effect
screening form and environmental action statement (categorical
exclusion, or CatEx documentation), pursuant to NEPA and its
implementing regulations in the Code of Federal Regulations (CFR) at 40
CFR 1501.4, to preliminarily determine if the proposed HCP qualifies as
a low-effect HCP, eligible for a categorical exclusion.
Background
Except for permitted exceptions, section 9 of the ESA (16 U.S.C.
1538 et seq.) prohibits the taking of fish and wildlife species listed
as endangered under section 4 of the ESA; by regulation, take of
certain species listed as threatened is also prohibited (16 U.S.C.
1533(d); 50 CFR 17.31). Regulations governing the permitted exception
for allowable incidental take of endangered and threatened species are
at 50 CFR 17.22 and 17.32. For more about the Federal habitat
conservation HCP program, go to: <a href="https://www.fws.gov/media/habitat-conservation-plans-under-endangered-species-act">https://www.fws.gov/media/habitat-conservation-plans-under-endangered-species-act</a>.
National Environmental Policy Act Compliance
The proposed permit issuance triggers the need for compliance with
the NEPA. The draft CatEx documentation was prepared to determine if
issuance of an ITP, based on the draft HCP, would only have
individually or cumulatively minor or negligible effects on the species
covered in the HCP, as well as on other environmental values or
resources, and would therefore qualify as a low-effect HCP not subject
to further environmental analysis under NEPA.
Proposed Action
Under the proposed action, the Service would issue a permit to the
applicant for a period of 2 years for covered activities (described
below) related to the construction of a 56-acre go-kart facility.
Covered species include the federally threatened Mojave desert tortoise
(Gopherus agassizii).
Habitat Conservation Plan Area
The geographic scope of this draft HCP area encompasses 56 acres in
the town of Pahrump in Nye County, Nevada.
Covered Activities
The proposed section 10(a) permit would allow incidental take of
the federally threatened Mojave desert tortoise (Gopherus agassizii)
for covered activities in the proposed HCP area. The applicant is
requesting incidental take authorization for covered activities
pertaining to the construction of a go-kart facility, including desert
tortoise and security fence installation, desert tortoise clearance
surveys and translocation, cactus and yucca transplanting, blading,
vegetation removal, grading and contouring, construction of go-kart
tracks and associated features, and construction of facility buildings,
lighting, and parking lots. For covered activities, the applicant has
outlined best management practices and other measures in the HCP to
minimize and mitigate for direct impacts to the Mojave desert tortoise.
The proposed actions will result in the permanent loss of 56 acres of
suitable Mojave desert tortoise habitat in Nye County, Nevada.
Public Comments
We request data, comments, new information, or suggestions from the
public, other concerned governmental agencies, the scientific
community, Tribes, industry, or any other interested party on the draft
HCP and associated documents. If you wish to comment, you may submit
comments by either of the methods in ADDRESSES.
Public Availability of Comments
Any comments we receive will become part of the decision 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. 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
Issuance of a permit is a Federal proposed action subject to
compliance with NEPA and section 7 of the ESA. We will evaluate the
permit application, the HCP, associated documents, and any public
comments we receive during the comment period to determine whether the
application meets the requirements of section 10(a) of the ESA. If we
determine that those requirements are met, we will conduct an intra-
Service consultation under section 7 of the ESA for the Federal action
and for the potential issuance of an ITP. If the intra-Service
consultation confirms that
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issuance of the permit will not jeopardize the continued existence of
any endangered or threatened species, or destroy or adversely modify
critical habitat, we will issue a permit to the applicant for the
incidental take of the covered species.
Authority
We provide this notice under section 10(c) of the ESA (16 U.S.C.
1539(c) and its implementing regulations (50 CFR 17.32) and NEPA (42
U.S.C. 4371 et seq.) and NEPA implementing regulations (40 CFR 1501.4).
Glen W. Knowles,
Field Supervisor, Southern Nevada Fish and Wildlife Office, U.S. Fish
and Wildlife Service, Las Vegas, Nevada.
[FR Doc. 2022-21974 Filed 10-7-22; 8:45 am]
BILLING CODE 4333-15-P
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