Notice2024-18028
Draft Environmental Assessment; Receipt of an Application for Incidental Take Permit and Habitat Conservation Plan for the Edenville Dam Restoration Project; Gladwin and Midland Counties, MI
Primary source
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Published
August 13, 2024
Issuing agencies
Interior DepartmentFish and Wildlife Service
Abstract
We, the U.S. Fish and Wildlife Service, have received an application from the Four Lakes Task Force (applicant) for an incidental take permit (ITP) under the Endangered Species Act. If approved, the permit would be for a 30-year period and would authorize the incidental take of one endangered species, the snuffbox mussel. The applicant has prepared the Edenville Dam Restoration Project Habitat Conservation Plan (HCP) to cover activities associated with refilling and maintaining a court-ordered legal lake limit for Wixom Lake, directly upstream of the dam, located in Gladwin and Midland Counties, Michigan. We make available for public comment the applicant's HCP and announce the availability of a draft environmental assessment, which has been prepared in response to the permit application in accordance with the requirements of the National Environmental Policy Act. We invite the public and local, State, Tribal, and Federal agencies to comment on these documents.
Full Text
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<title>Federal Register, Volume 89 Issue 156 (Tuesday, August 13, 2024)</title>
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[Federal Register Volume 89, Number 156 (Tuesday, August 13, 2024)]
[Notices]
[Pages 65920-65921]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-18028]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS-R3-ES-2024-0112; FXES11140300000-245-FF03E00000]
Draft Environmental Assessment; Receipt of an Application for
Incidental Take Permit and Habitat Conservation Plan for the Edenville
Dam Restoration Project; Gladwin and Midland Counties, MI
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, have received an
application from the Four Lakes Task Force (applicant) for an
incidental take permit (ITP) under the Endangered Species Act. If
approved, the permit would be for a 30-year period and would authorize
the incidental take of one endangered species, the snuffbox mussel. The
applicant has prepared the Edenville Dam Restoration Project Habitat
Conservation Plan (HCP) to cover activities associated with refilling
and maintaining a court-ordered legal lake limit for Wixom Lake,
directly upstream of the dam, located in Gladwin and Midland Counties,
Michigan. We make available for public comment the applicant's HCP and
announce the availability of a draft environmental assessment, which
has been prepared in response to the permit application in accordance
with the requirements of the National Environmental Policy Act. We
invite the public and local, State, Tribal, and Federal agencies to
comment on these documents.
DATES: We will accept comments received or postmarked on or before
September 12, 2024.
ADDRESSES:
Obtaining Documents: The documents this notice announces, as well
as any comments and other materials that we receive, will be available
for public inspection online in Docket No. FWS-R3-ES-2024-0112 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-R3-ES-2024-0112.
<bullet> U.S. mail: Submit comments by U.S. mail to Public Comments
Processing, Attn: Docket No. FWS-R3-ES-2024-0112; U.S. Fish and
Wildlife Service; 5275 Leesburg Pike, MS: PRB/3W; Falls Church, VA
22041-3803.
FOR FURTHER INFORMATION CONTACT: Scott Hicks, Field Supervisor,
Michigan Ecological Services Field Office, by email at
<a href="/cdn-cgi/l/email-protection#2350404c57577c4b4a404850634554500d444c55"><span class="__cf_email__" data-cfemail="3e4d5d514a4a6156575d554d7e58494d10595148">[email protected]</span></a>, or by telephone at 517-351-2555; or Andrew Horton,
Regional HCP Coordinator, by email at <a href="/cdn-cgi/l/email-protection#a8c9c6ccdacddff7c0c7dadcc7c6e8cedfdb86cfc7de"><span class="__cf_email__" data-cfemail="57363933253220083f38252338391731202479303821">[email protected]</span></a>, or by
telephone at 612-713-5337. 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 have received an application from the
Four Lakes Task Force (applicant) for a 30-year incidental take permit
(ITP) under the Endangered Species Act of 1973, as amended (ESA; 16
U.S.C. 1531 et seq.). The Four Lakes Task Force was established and
became the delegated authority of Secord, Smallwood, Wixom, and Sanford
Lakes and their dams (Secord, Smallwood, Edenville, and Sanford) for
Midland and Gladwin Counties. The applicant petitioned the circuit
courts in Midland and Gladwin Counties to order a lake level for Wixom
Lake under part 307 of Michigan Public Act 451 of 1994. The lake level
order was issued in June 2019, legally determining both summer (675.2-
foot (ft)) and winter (672.2-ft) normal lake levels on Wixom Lake,
creating a special assessment district, and designating the applicant
as the delegated authority under part 307 to repair, maintain, and
operate Edenville Dam and other dams located within the Four Lakes
system. The applicant is applying for an ITP for take of the federally
endangered snuffbox mussel (Epioblasma triquetra) because of this
action. The applicant has prepared a habitat conservation plan (HCP)
that describes the actions and measures that the applicant would
implement to avoid, minimize, and mitigate incidental take of the
snuffbox mussel. We also announce the availability of a draft
environmental assessment, which has been prepared in response to the
permit application in accordance with the requirements of the National
Environmental Policy Act (NEPA; 42 U.S.C. 4321 et seq.).
Background
Section 9 of the ESA and its implementing regulations prohibit the
take of animal species listed as endangered or threatened. ``Take'' is
defined under the ESA as to ``harass, harm, pursue, hunt, shoot, wound,
kill, trap, capture, or collect [listed animal species,] or to attempt
to engage in such conduct'' (16 U.S.C. 1538). However, under section
10(a) of the ESA, we may issue permits to authorize incidental take of
listed species. ``Incidental take'' is defined by the ESA as take that
is incidental to, and not the purpose of, carrying out an otherwise
lawful activity (16 U.S.C. 1539). Regulations governing incidental take
permits for endangered and threatened species, respectively, are found
in the Code of Federal Regulations (CFR) at 50 CFR 17.22 and 50 CFR
17.32. Impacts to plants do not fall under the definition of ``take'';
therefore, the Service cannot authorize incidental take of plants.
However, the Service cannot issue an ITP that would jeopardize the
continued existence or adversely modify the designated critical habitat
of any listed species.
Applicant's Proposed Project
The applicant requests a 30-year ITP for take of the federally
endangered snuffbox mussel. The applicant determined that take is
reasonably certain to occur incidental to maintaining the legal lake
limit of Wixom Lake. This action consists of refilling the 1,908-acre
(ac) basin back to court ordered lake limits, which includes the 69.21-
ac area where snuffbox impacts are expected to occur. The proposed
conservation strategy in the applicant's proposed HCP is designed to
avoid, minimize, and mitigate the impacts of seasonal drawdowns that
may degrade a portion of available snuffbox habitat. The biological
goals and objectives are to maintain or improve water quality, maintain
or improve bank stability and bed integrity, maintain or improve
suitable aquatic habitat, and maintain hydrology sufficient for long-
term persistence of snuffbox. Based on estimated density of mussels
discovered during survey, the estimated level of lethal take from the
proposed permit term is 84 individuals. To offset the impacts of the
taking, the applicant proposes to introduce measures that are
anticipated to improve habitat conditions for snuffbox within the
permit area. Biological goals and objectives will be adaptively managed
and, if necessary, mitigation may be provided outside of the permit
area for the covered species.
National Environmental Policy Act
The issuance of an ITP is a Federal action that triggers the need
for compliance with NEPA. We prepared a
[[Page 65921]]
draft EA that analyzes the environmental impacts on the human
environment resulting from three alternatives: a no-action alternative,
a dam removal alternative, and the applicant's proposed action.
Next Steps
The Service will evaluate the permit application and the comments
received to determine whether the application meets the requirements of
section 10(a) of the ESA. 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 the requested
ITP to the applicant.
Request for Public Comments
The Service invites comments and suggestions from all interested
parties on the proposed HCP, draft EA, and supporting documents during
a 30-day public comment period (see DATES). In particular, information
and comments regarding the following topics are requested:
1. The effects that implementation of any alternative could have on
the human environment;
2. Whether or not the significance of the impact on various aspects
of the human environment has been adequately analyzed;
3. Any threats to the snuffbox mussel that may influence their
populations over the life of the ITP that are not addressed in the
proposed HCP or EA;
4. Whether the conservation measures outlined in the HCP are
sufficient to offset impacts over a 30-year duration; and
5. Any other information pertinent to evaluating the effects of the
proposed action on the human environment.
Availability of Public Comments
You may submit comments by one of the methods shown under
ADDRESSES. We will post on <a href="https://www.regulations.gov">https://www.regulations.gov</a> all public
comments and information received electronically or via hardcopy. All
comments received, including names and addresses, will become part of
the administrative 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.
Authority
We provide this notice under section 10(c) of the ESA (16 U.S.C.
1531 et seq.) and its implementing regulations (50 CFR 17.22) and NEPA
(42 U.S.C. 4321 et seq.) and its implementing regulations (40 CFR parts
1500 through 1508; 43 CFR part 46).
Lori Nordstrom,
Assistant Regional Director, Ecological Services.
[FR Doc. 2024-18028 Filed 8-12-24; 8:45 am]
BILLING CODE 4333-15-P
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