Notice2023-08716
Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for the Alabama Beach Mouse, Baldwin County, AL; Categorical Exclusion
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
April 25, 2023
Issuing agencies
Interior DepartmentFish and Wildlife Service
Abstract
We, the Fish and Wildlife Service (Service), announce receipt of an application from James Bruckmann (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 (Peromyscus polionotus ammobates) incidental to construction in the City of Orange Beach, 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 the proposed permitting action may be eligible for a categorical exclusion pursuant to the Council on Environmental Quality's National Environmental Policy Act (NEPA) regulations, the Department of the Interior's (DOI) NEPA regulations, and the DOI Departmental Manual. To make this preliminary determination, we prepared a draft environmental action statement and low-effect screening form, both of which are also available for public review. We invite comment from the public and local, State, Tribal, and Federal agencies.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 79 (Tuesday, April 25, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 79 (Tuesday, April 25, 2023)]
[Notices]
[Pages 25006-25007]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-08716]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R4-ES-2023-0047; FXES11140400000EA-234-FF04EA1000]
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.
-----------------------------------------------------------------------
SUMMARY: We, the Fish and Wildlife Service (Service), announce receipt
of an application from James Bruckmann (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
(Peromyscus polionotus ammobates) incidental to construction in the
City of Orange Beach, 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 the proposed permitting action may be eligible for a
categorical exclusion pursuant to the Council on Environmental
Quality's National Environmental Policy Act (NEPA) regulations, the
Department of the Interior's (DOI) NEPA regulations, and the DOI
Departmental Manual. To make this preliminary determination, we
prepared a draft environmental action statement and low-effect
screening form, both of which are also available for public review. We
invite comment from the public and local, State, Tribal, and Federal
agencies.
DATES: We must receive your written comments on or before May 25, 2023.
ADDRESSES:
Obtaining Documents: You may obtain copies of the documents online
in Docket No. FWS-R4-ES-2023-0047 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Submitting Comments: If you wish to submit comments on any of the
documents, you may do so in writing by one of the following methods:
<bullet> Online: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the
instructions for submitting comments on Docket No. FWS-R4-ES-2023-0047.
<bullet> U.S. Mail: Public Comments Processing; Attn: Docket No.
FWS-R4-ES-2023-0047; U.S. Fish and Wildlife Service; MS: PRB/3W; 5275
Leesburg Pike; Falls Church, VA 22041-3803.
FOR FURTHER INFORMATION CONTACT: Mr. William Lynn, Project Manager, by
telephone at 251-441-5868 or by email at <a href="/cdn-cgi/l/email-protection#63140a0f0f0a020e3c0f1a0d0d230514104d040c15"><span class="__cf_email__" data-cfemail="790e1015151018142615001717391f0e0a571e160f">[email protected]</span></a>.
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 Fish and Wildlife Service (Service),
announce receipt of an application from James Bruckmann (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 endangered Alabama beach mouse (ABM;
Peromyscus polionotus ammobates) incidental to the construction of
three single-family homes (project) in the City of Orange Beach,
Baldwin County, Alabama. We request public comment on the application,
which includes the applicant's habitat conservation plan (HCP), and on
the Service's preliminary determination that this proposed ITP
qualifies as ``low effect,'' and may qualify for a categorical
exclusion pursuant to the Council on Environmental Quality's National
Environmental Policy Act (NEPA) regulations (40 CFR 1501.4), the
Department of the Interior's (DOI) NEPA regulations (43 CFR 46), and
the DOI's Departmental Manual (516 DM 8.5(C)(2)). To make this
preliminary determination, we prepared a draft environmental action
statement and low-effect screening form, both of which are also
available for public review.
Proposed Project
The applicant requests a 30-year ITP to take ABM by converting
approximately 0.319 acre (ac) of occupied ABM foraging and sheltering
habitat incidental to the construction of three single-family homes
located on three parcels totaling 2.79 ac in Baldwin County, Alabama.
On the largest parcel, there was a previous single-family home that was
destroyed in 2004 by Hurricane Ivan. The remaining portion of habitat
on the lot (2.47 ac) will be protected and maintained to continue to
provide habitat for the ABM. Minimization and mitigation measures
include pre-construction trapping, relocation, annual monitoring,
management, and reporting efforts. Habitat enhancement will occur on
areas in need through augmentation of natural processes, including sand
fencing. The applicant
[[Page 25007]]
proposes to donate a $2.30-per-square-foot in-lieu fee for the 0.319-ac
take to the Alabama Coastal Heritage Trust (ACHT), which will use the
fee to manage, maintain, or acquire ABM habitat within the City of
Orange Beach or elsewhere within the ABM's range.
The standard mitigation and minimization measures to be implemented
on the site include installing sea turtle-friendly lighting and tinted
windows, landscaping with native vegetation, enhancing the frontal dune
area, constructing a concrete driveway that will not disperse in a
storm surge, implementing refuse-control measures during construction
and requiring that future residents utilize such measures, and
restoring ABM habitat after tropical storms. Free-roaming cats and the
use of exterior rodenticide will be prohibited within the parcel. Post-
construction ABM habitat on site should total 2.47 ac of the 2.79-ac
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 proposed project, including land clearing, infrastructure
building, landscaping, and the proposed mitigation and minimization
measures, would individually and cumulatively have a minor effect on
the Alabama beach mouse and the human environment. Therefore, we have
preliminarily determined that the proposed ESA section 10(a)(1)(B)
permit would be a ``low effect'' ITP that individually or cumulatively
would have a minor effect on the ABM and may qualify for application of
a categorical exclusion pursuant to the Council on Environmental
Quality's NEPA regulations, DOI's NEPA regulations, and the DOI
Departmental Manual. A ``low effect'' ITP is one that would result in
(1) minor or nonsignificant effects on species covered in the HCP; (2)
nonsignificant effects on the human environment; and (3) impacts that,
when added together with the impacts of other past, present, and
reasonable foreseeable actions, would not result in significant
cumulative effects to the human environment.
Next Steps
The Service will evaluate the application and the comments received
to determine whether to issue the requested ITP. 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
preceding and other matters, we will determine whether the permit
issuance criteria of section 10(a)(1)(B) of the ESA have been met. If
met, the Service will issue ITP number PER0109456 to James Bruckmann.
Authority
The Service provides this notice under section 10(c) of the
Endangered Species Act (16 U.S.C. 1531 et seq.) and its implementing
regulations (50 CFR 17.32) and the National Environmental Policy Act
(42 U.S.C. 4321 et seq.) and its implementing regulations (40 CFR 1500-
1508 and 43 CFR 46).
William J. Pearson,
Field Supervisor, Alabama Ecological Service Field Office.
[FR Doc. 2023-08716 Filed 4-24-23; 8:45 am]
BILLING CODE 4333-15-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on April 25, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.