Notice of Availability of an Environmental Assessment and Habitat Conservation Plan and Receipt of an Application for an Incidental Take Permit for Construction of Two Residential Home Sites on the Leonard Farm, Hygiene, Colorado

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

Notice of Availability of an Environmental Assessment and Habitat

Conservation Plan and Receipt of an Application for an Incidental Take

Permit for Construction of Two Residential Home Sites on the Leonard

Farm, Hygiene, Colorado

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability and receipt of application.

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SUMMARY: This notice advises the public that Tracy Leonard, has applied

to the Fish and Wildlife Service for an incidental take permit pursuant

to section 10(a)(1)(B) of the Endangered Species Act of 1973, as

amended. The proposed permit would authorize the incidental take of the

Preble's meadow jumping mouse (Zapus hudsonius preblei), federally

listed as threatened, and loss and modification of its habitat

associated with construction and occupation of 2 residential home sites

and a future orchard on the Leonard family farm. The duration of the

permit would be 50 years from the date of issuance.

We announce the receipt of the applicant's incidental take permit

application that includes a combined proposed Habitat Conservation Plan

(HCP) and Environmental Assessment (EA) for the Preble's meadow jumping

mouse for the Leonard farm. The proposed HCP/EA is available for public

comment. It fully describes the proposed project and the measures the

applicant would undertake to minimize and mitigate project impacts of

the Preble's meadow jumping mouse. All comments on the EA/HCP and

permit application will become part of the administrative record and

will be available to the public.

DATES: Written comments on the permit application, Habitat Conservation

Plan, and Environmental Assessment should be received on or before

January 13, 2000.

ADDRESSES: Comments regarding the permit application and HCP/EA should

be addressed to LeRoy Carlson, Field Supervisor, U.S. Fish and Wildlife

Service, Colorado Field Office, 755 Parfet Street, Suite 361, Lakewood,

Colorado 80215.

FOR FURTHER INFORMATION CONTACT: Kathleen Linder, Fish and Wildlife

Biologist, Colorado Field Office, telephone (303) 275-2370. Individuals

wishing copies of the HCP/EA and associated documents for review should

immediately contact the above office. Documents also will be available

for public inspection, by appointment, during normal business hours at

the above address.

SUPPLEMENTARY INFORMATION: Section 9 of the Act and Federal regulation

prohibit the ``take'' of a species listed as endangered or threatened.

Take is defined under the Act, in part, as to kill, harm, or harass a

federally listed species. However, the Service may issue permits to

authorize ``incidental take'' of listed species under limited

circumstances. Incidental Take is defined under the Act as take of a

listed species that is incidental to, and not the purpose of, the

carrying out of an otherwise lawful activity under limited

circumstances. Regulations governing permits for threatened species are

promulgated in 50 CFR 17.32.

The applicants plans to construct and occupy two residential home

sites and a future orchard on their family farm. The Leonard family

farm is located near the Town of Hygiene, in Boulder, Colorado. The

projects will impact a maximum of 3.2 acres that may result in

incidental take of the Preble's meadow jumping mouse. This includes 1.7

acres for the residential sites and 1.5 acres for the future orchard.

Both sites will impact upland areas only.

Alternatives considered in addition to the Proposed Action, were an

alternate site location, alternate site design, and no action. None of

these alternatives eliminated potential take of Preble's. The onsite,

offsite, and cumulative impacts of the Projects and all associated

development and construction activities and mitigation activities

proposed by the HCP will have no significant impact on the Preble's

mouse, other threatened or endangered species, vegetation, wildlife,

wetlands, geology/soils, land use, water resources, air and water

quality, or cultural resources. None of the proposed impacts occur

within the riparsan corridor. All of the proposed impacts are in upland

areas outside of the 100 year floodplain. Of the 3.2 acres proposed for

residential development, 1.7 acres falls within 300 linear feet of the

100 year floodplain (the building sites have been raised out of the

floodplain). Utilizing the most extensive mouse protective habitat

definition, the proposed development could impact up to 1.7 acres of

potential mouse habit for the residential lots. In addition, the

proposed orchard next to the St. Vrain Creek could potentially impact

up to 1.5 acres of mouse habitat. The mitigation will likely provide a

net benefit to the Preble's mouse and other wildlife by improving or

creating new riparian areas and wetlands, planting of native grasses,

and protecting existing mouse habitat along the St. Vrain Creek from

any future development through a conservation easement.

Only one federally listed species, the threatened Preble's meadow

jumping mouse, occurs on site and has the potential to be adversely

affected by the project. To mitigate impacts that may result from the

residential sites and the future orchard, the HCP provides protection

of the St. Vrain Creek corridor and its associated riparian areas,

irrigated pastures, and grasslands from all future development through

the conservation easement with Boulder County, creation of 3.1 acres of

wetlands, and enhancement of 3.0 acres through native grass planting.

The creation of 3.1 acres of wetland and riparian zone at a 3:1 ratio

will provide 1.03 acres of compensation. The enhancement of 3.0 acres

through native grass planting at a 2:1 mitigation will provide 1.5

acres of compensation. The St. Vrain Creek corridor and its associated

riparian areas, irrigated pastures, and grasslands will be protected

from all future development through the conversation easement with

Boulder County. This action preserves 8.4 acres of mouse habitat and

will be applied to the conservation of the mouse which at a 10:1

mitigation ratio provides 0.84 acres of compensation. Total mitigation

for the 3.2 acres impacted is conservation of 8.4 acres of usable mouse

habitat, 3.1 acres of created wetlands, and 3.0 acres of enhanced

habitat. All of the proposed mitigation area is within the boundaries

of the Leonard farm property, all of which is included in the drainage

basin of S. Vrain Creek. The mitigation also includes planting of

willows and grasses, livestock grazing management to protect Preble's

meadow jumping mouse habitat and relocation of Crane Hollow Road and

the proposed building sites farther away from mouse habitat than

originally planned.

This notice is provided pursuant to section 10(c) of the Act. We

will evaluate the permit application, the Plan, and comments submitted

therein to determine whether the application meets the requirements of

section 10(a) of the Act. If it is determined that those requirements

are met, a permit will be issued for the incidental take of the Prebles

meadow jumping mouse in conjunction with the construction and

occupation of two residential lots on the Leonard farm and creation of

a future orchard. The final permit decision will be made no sooner than

January 13, 2000.

[[Page 69779]]

Dated: December 8, 1999.

Ralph O. Morgenweck,

Regional Director, Region 6, Denver, Colorado.

[FR Doc. 99-32290 Filed 12-13-99; 8:45 am]

BILLING CODE 4310-55-M