Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for the Alabama Beach Mouse; Baldwin County, AL; Categorical Exclusion
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Issuing agencies
Abstract
We, the U.S. Fish and Wildlife Service (Service), announce receipt of an application from Stillwater Capital Assets, LLC (applicant) for an incidental take permit (ITP) under the Endangered Species Act. The applicant requests the ITP to take the federally listed threatened Alabama beach mouse incidental to the construction of a single-family home in Baldwin County, Alabama. We request public comment on the application, which includes the applicant's proposed habitat conservation plans (HCP), and on the Service's preliminary determination that the proposed permitting action may be eligible for a categorical exclusion pursuant to the National Environmental Policy Act (NEPA), the Department of the Interior's (DOI) NEPA regulations, and the DOI Departmental Manual. To make this preliminary determination, we prepared a draft screening form and NEPA statement for HCPs, both of which are also 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 91 Issue 76 (Tuesday, April 21, 2026)</title>
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[Federal Register Volume 91, Number 76 (Tuesday, April 21, 2026)]
[Notices]
[Pages 21307-21308]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-07705]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS-R4-ES-2026-0199; FXES11140400000-267-FF04EF4000]
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.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce
receipt of an application from Stillwater Capital Assets, LLC
(applicant) for an incidental take permit (ITP) under the Endangered
Species Act. The applicant requests the ITP to take the federally
listed threatened Alabama beach mouse incidental to the construction of
a single-family home in Baldwin County, Alabama. We request public
comment on the application, which includes the applicant's proposed
habitat conservation plans (HCP), and on the Service's preliminary
determination that the proposed permitting action may be eligible for a
categorical exclusion pursuant to the National Environmental Policy Act
(NEPA), the Department of the Interior's (DOI) NEPA regulations, and
the DOI Departmental Manual. To make this preliminary determination, we
prepared a draft screening form and NEPA statement for HCPs, 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 21, 2026.
To ensure your comment is received and considered, you must submit
it using one of the methods identified in the ADDRESSES section of this
document. Comments submitted through any method not authorized in this
document, or sent to an address not listed here, will not be
considered.
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-2026-0199 at
<a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Submitting Comments: All submissions must include the docket number
[FWS-R4-ES-2026-0199] for this document. You must submit comments using
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-2026-0199.
<bullet> U.S. mail: Public Comments Processing, Attn: Docket No.
FWS-R4-ES-2026-0199; U.S. Fish and Wildlife Service, MS: PRB/3W, 5275
Leesburg Pike, Falls Church, VA 22041-3803.
Comments submitted through any method not authorized in this
document, or sent to an address not listed here, will not be
considered. We will not accept comments via email, fax, or hand
delivery. We are not required to consider comments that are submitted
after the comment period ends or that are submitted via a method
outside of these instructions. Comments containing profanity,
vulgarity, threats, or other inappropriate content will not be
considered.
FOR FURTHER INFORMATION CONTACT: Erin Lentz, by U.S. mail (see
ADDRESSES), by telephone at 1-251-298-3853, or via email at
<a href="/cdn-cgi/l/email-protection#1e7b6c777041727b706a645e78696d30797168"><span class="__cf_email__" data-cfemail="c6a3b4afa899aaa3a8b2bc86a0b1b5e8a1a9b0">[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 Stillwater Capital Assets LLC
(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 listed Alabama beach
mouse (ABM; Peromyscus polionotus ammobates), incidental to the
construction, maintenance and operation of a single-family home in
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 may
qualify for a categorical exclusion pursuant to National Environmental
Policy Act regulations (NEPA; 42 U.S.C. 4321 et seq), the DOI's NEPA
regulations (43 CFR 46), and the DOI's Departmental Manual (DM; 516 DM
8.5(C)(2)). To make this preliminary determination, we prepared a draft
screening form and NEPA statement for HCPs, both of which are also
available for public review.
[[Page 21308]]
Proposed Project
Stillwater Capital Assets LLC (applicant) requests a 50-year ITP to
take ABM via the conversion of 0.05 acres (ac) of occupied nesting,
foraging, and sheltering ABM habitat incidental to the construction of
a single-family home on a 0.381-ac parcel located at 11068 Mobile
Street West, Gulf Shores, Alabama. The applicant proposes to mitigate
for the take of ABM through an in-lieu fee of $4,813.90 to the Alabama
Coastal Heritage Fund.
Our Preliminary Determination
The Service has made a preliminary determination that reasonably
foreseeable effects of the applicant's proposed project, including the
construction of a single-family home and infrastructure (e.g., deck,
pool, stairs, and driveway), would have a minor effect on ABM 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) permit would be a low-effect ITP that may
qualify for application of a categorical exclusion (516 DM 5.8(C)(2)),
pursuant to NEPA, the DOI's NEPA regulations, 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 effects to the human environment.
Next Steps
The Service will evaluate the application and the comments 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 PER23578321 to Stillwater Capital Assets, LLC.
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) and the National Environmental Policy Act
(42 U.S.C. 4321 et seq.) and its implementing regulations (43 CFR part
46).
Jeffrey Powell,
Acting Field Supervisor, Alabama Ecological Services Field Office, U.S.
Fish and Wildlife Service.
[FR Doc. 2026-07705 Filed 4-20-26; 8:45 am]
BILLING CODE 4333-15-P
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