Notice2025-16770
Receipt of Incidental Take Permit Applications and Proposed Habitat Conservation Plans for the Alabama Beach Mouse; Baldwin County, AL; Categorical Exclusion
Primary source
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Published
September 2, 2025
Issuing agencies
Interior DepartmentFish and Wildlife Service
Abstract
We, the Fish and Wildlife Service (Service), announce receipt of four separate applications from each of the following applicants for an incidental take permit (ITP) under the Endangered Species Act (ESA): Lindsey and Associates, LLC; Seahaven Farms, LLC; Emmer Holdings, LLC; and Greg Smith (applicant/applicants). Each applicant requests an ITP to take the federally listed Alabama beach mouse incidental to the construction of single-family homes in Baldwin County, Alabama. We request public comment on the applications, which include each applicants' proposed habitat conservation plans (HCPs) and on the Service's preliminary determination that the proposed permitting actions may be eligible for a categorical exclusion pursuant to the National Environmental Policy Act (NEPA), the Department of Interior's (DOI) NEPA regulations, and the DOI Departmental Manual (DM). To make these preliminary determinations, we prepared a draft screening form and NEPA statement for each application, which are available for public review. We invite comment from the public and local, State, Tribal, and Federal agencies.
Full Text
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<title>Federal Register, Volume 90 Issue 167 (Tuesday, September 2, 2025)</title>
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[Federal Register Volume 90, Number 167 (Tuesday, September 2, 2025)]
[Notices]
[Pages 42425-42426]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-16770]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS-R4-ES-2025-0043; FXES11140400000-256-FF04EA4000]
Receipt of Incidental Take Permit Applications and Proposed
Habitat Conservation Plans for the Alabama Beach Mouse; Baldwin County,
AL; Categorical Exclusion
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for comments.
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SUMMARY: We, the Fish and Wildlife Service (Service), announce receipt
of four separate applications from each of the following applicants for
an incidental take permit (ITP) under the Endangered Species Act (ESA):
Lindsey and Associates, LLC; Seahaven Farms, LLC; Emmer Holdings, LLC;
and Greg Smith (applicant/applicants). Each applicant requests an ITP
to take the federally listed Alabama beach mouse incidental to the
construction of single-family homes in Baldwin County, Alabama. We
request public comment on the applications, which include each
applicants' proposed habitat conservation plans (HCPs) and on the
Service's preliminary determination that the proposed permitting
actions may be eligible for a categorical exclusion pursuant to the
National Environmental Policy Act (NEPA), the Department of Interior's
(DOI) NEPA regulations, and the DOI Departmental Manual (DM). To make
these preliminary determinations, we prepared a draft screening form
and NEPA statement for each application, which are 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 October 2,
2025.
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-R4-ES-2025-0043 at
<a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Submitting Comments: If you wish to submit comments on any
document, 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-2025-0043.
<bullet> U.S. Mail: Public Comments Processing, Attn: Docket No.
FWS-R4-ES-2025-0043; U.S. Fish and Wildlife Service, MS: PRB/3W, 5275
Leesburg Pike, Falls Church, VA 22041-3803.
FOR FURTHER INFORMATION CONTACT: William Lynn, by U.S. mail (see
ADDRESSES), by telephone at 251-538-2065, or via email at
<a href="/cdn-cgi/l/email-protection#394e5055555058546655405757795f4e4a175e564f"><span class="__cf_email__" data-cfemail="b0c7d9dcdcd9d1ddefdcc9dedef0d6c7c39ed7dfc6">[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 each of the following
applicants for an ITP under the Endangered Species Act, as amended
(ESA; 16 U.S.C. 1531 et seq.): Emmer Holdings, LLC; Lindsey and
Associates, LLC; Seahaven Farms, LLC; and Greg Smith (applicant/
applicants). Each applicant requests an ITP to take the federally
listed endangered Alabama beach mouse (ABM; Peromyscus polionotus
ammobates) incidental to the construction, maintenance, and operation
of single-family homes in Baldwin County, Alabama. We request public
comment on each of the applications, which include each applicant's
HCP, and on the Service's preliminary determinations that the proposed
ITPs may qualify for a categorical exclusion pursuant to NEPA, DOI's
NEPA regulations and the DOI DM (516 DM 8.5(C)(2)). To make these
preliminary determinations, we prepared a draft screening form and NEPA
statement for each HCP, both of which are available for public review.
Proposed Projects
Emmer Holdings, LLC requests a 50-year ITP to take ABM via the
conversion of 0.104 acres (ac) of occupied nesting, foraging, and
sheltering habitat incidental to the construction of a single-family
home on a 1.27-ac parcel located at 23726 Perdido Beach Boulevard,
Orange Beach, Alabama. The applicant proposes to mitigate for the take
of ABM through an in-lieu fee of $10,402.90 to the City of Orange
Beach's Dune Enhancement Fund.
Seahaven Farms, LLC requests a 50-year ITP to take ABM via the
conversion of approximately 0.101-ac incidental to construction of a
single-family home on a 1.17-ac lot. The parcel is located 23666
Perdido Beach Boulevard in Orange Beach, Alabama. The applicant
proposes to mitigate for the take of ABM through an in-lieu fee of
$10,382.20 to the City of Orange Beach's Dune Enhancement Fund.
Lindsey and Associates, LLC requests a 50-year ITP to take ABM
through the conversion of approximately 0.144 ac in the construction of
a single-family home on a 1.36-ac lot. The parcel is located 23666
Perdido Beach Boulevard in Orange Beach, Alabama. The applicant
proposes to mitigate for the take of ABM through an in-lieu fee of
$14,416.40 to the City of Orange Beach's Dune Enhancement Fund.
Greg Smith requests a 50-year ITP to take ABM via the conversion of
approximately 0.57 ac of occupied nesting, foraging, and sheltering
habitat incidental to the construction of two single family homes on a
1.21-ac parcel located at 309 East Beach Boulevard, Gulf Shores,
Alabama. The applicant proposes to mitigate for take through offsite
management of 1.24 ac of ABM habitat owned by the City of Gulf Shores.
Management will be funded by a contribution to the City of Gulf Shores
Dune Enhancement Fund at a rate of $350 per unit ($700 annually) for
the life of the permit, totaling $35,000.
Our Preliminary Determination
The Service has made a preliminary determination that reasonably
foreseeable effects of each applicant's proposed project, including the
construction of the residential development and associated
infrastructure, would have a minor effect on Alabama beach mice and the
human environment, and no extraordinary circumstances in 43 CFR 46.215
apply. Reasonably foreseeable effects encompass effects of
implementation of the action including effects of the action in
addition to other past, present, and reasonably foreseeable future
effects. Therefore, we have preliminarily determined that the proposed
ESA section 10(a)(1)(B) permits would be a low-effect ITP that may
qualify for application of a categorical exclusion (516 DM 8.5 (C)(2)),
pursuant to NEPA (42 U.S.C. 4321 et seq.), the DOI's NEPA regulations
(43 CFR part 46), and the DOI DM. A low-effect ITP is one that would
result in (1) negligible or minor effects on species covered in the
HCP; (2) no significant effects on the human environment; and (3)
reasonably foreseeable effects that would not result in significant
cumulative effects to the human environment.
Next Steps
The Service will evaluate each application and the applicable
comments to determine whether to issue
[[Page 42426]]
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 as to each application. If met,
the Service will issue ITP number PER 18797693 to Emmer Holdings, LLC.;
ITP number PER 18809553 to Lindsey and Associates, LLC.; ITP number PER
18810361 to Seahaven Farms, LLC; and ITP number PER 17904462 to Greg
Smith.
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. If you submit a comment at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, your entire comment, including any personal
identifying information, will be posted on the website. If you submit a
hardcopy comment that includes personal identifying information, such
as your address, phone number, or email address, you may request at the
top of your document that we withhold this information from public
review. However, we cannot guarantee that we will be able to do so.
Moreover, 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
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), NEPA (42 U.S.C. 4321 et seq.), as amended,
and the DOI's implementing regulations (43 CFR part 46).
William J. Pearson,
Field Supervisor, Alabama Ecological Service Field Office.
[FR Doc. 2025-16770 Filed 8-29-25; 8:45 am]
BILLING CODE 4333-15-P
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