# 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 > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A99-32290 ## Record - **Collection:** Federal Register - **Document type:** Notice - **Published:** December 14, 1999 - **Citation:** 64 FR 69778 ## Text 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. ----------------------------------------------------------------------- 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 --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A99-32290. Public record. Not legal advice.