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Proposed Low-Effect Habitat Conservation Plan for the City of Greeley Bellvue Filter Plant Raw Water Ponds Toe Drain Project, in Larimer County, CO

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[Federal Register: August 16, 2007 (Volume 72, Number 158)]
[Notices]
[Page 46094-46095]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16au07-109]

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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Proposed Low-Effect Habitat Conservation Plan for the City of
Greeley Bellvue Filter Plant Raw Water Ponds Toe Drain Project, in
Larimer County, CO

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 the City of Greeley
(Applicant) has applied to the U.S. Fish and Wildlife Service (Service)
for an incidental take permit pursuant to section 10(a)(1)(B) of the
Endangered Species Act (Act) of 1973, as amended. The proposed permit
would authorize the incidental take of Preble's meadow jumping mouse,
Zapus hudsonius preblei (Preble's), federally-listed as threatened,
through loss and modification of its habitat, periodically used for
foraging, breeding and/or hibernation, associated with construction and
installation of a toe drain around the base of the perimeter of two raw
water storage ponds located at the City of Greeley's Bellvue Filter
Plant in Larimer County, Colorado. The duration of the permit would be
10 years from the date of issuance.
    We announce the receipt of the Applicant's incidental take permit
application, which includes a Low-Effect Habitat Conservation Plan
(LEHCP) for Preble's at the Bellvue Filter Plant site. The LEHCP fully
describes the project and the measures the Applicant would undertake to
minimize and mitigate project impacts to Preble's. A bald eagle nest
also exists near the project area. In the LEHCP, the Applicant proposes
to avoid all adverse impacts to the bald eagle through restrictions on
the timing of the project, and thus does not seek coverage under the
permit for the eagle.
    The Service plans to process the application under a categorical
exclusion from the National Environmental Policy Act (NEPA) of 1969 in
accordance with our Habitat Conservation Planning and Incidental Take
Permit Processing Handbook (November 1996). We request comments on the
permit application, including the LEHCP.

DATES: Written comments should be received on or before September 17,
2007.

ADDRESSES: Comments should be addressed to Susan Linner, Field
Supervisor, U.S. Fish and Wildlife Service, Colorado Field Office, P.O.
Box

[[Page 46095]]

25486, Denver, Colorado 80225. Comments also may be submitted by
facsimile to (303) 236-4005. Individuals wanting copies of the LEHCP
and associated documents for review should immediately contact the
above office. The LEHCP and associated documents also will be available
for public inspection, by appointment, during normal business hours at
the above address.

FOR FURTHER INFORMATION CONTACT: Adam Misztal, (303) 236-4753, U.S.
Fish and Wildlife Service, Colorado Field Office (see above).

SUPPLEMENTARY INFORMATION:

Background

    Section 9 of the Act and implementing regulations 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 a listed species under limited circumstances.
Implementing regulations define ``incidental taking'' as any taking
otherwise prohibited, if such taking is incidental to, and not the
purpose of, the carrying out of an otherwise lawful activity.
Regulations governing permits for threatened species are located at 50
CFR 17.32.
    The project is located at the City of Greeley's Bellvue Filter
Plant in Larimer County, Colorado; S\1/2\ of Section 14, in Township 8
North, Range 70 West. The Universal Transverse Mercator coordinates of
the approximate center of the project area are Zone 13: 483780 mE,
4500530 mN. The Bellvue Filter Plant is the primary drinking water
facility for the City of Greeley. The plant operates 24 hours a day, 7
days a week, year-round. The project involves the construction of a
buried toe drain around the perimeter of two raw water ponds located at
the Bellvue Filter Plant. The project is located adjacent to riparian
habitat along the Cache la Poudre River, which is potentially occupied
by Preble's. The project will disturb a total of 0.10 hectare (0.24
acre) of Preble's habitat 0.04 hectare (0.09 acre) of permanent impact
and 0.06 hectare (0.15 acre) of temporary impact. Greeley will complete
the project consistent with this LEHCP, which contains provisions to
enhance habitat for Preble's and lists conservation measures for
Preble's and bald eagles. The project will provide a net benefit for
nesting bald eagles over the long term by protecting the two raw water
ponds at the site that provide potential foraging habitat for the
eagles. Greeley does not anticipate incidental take of bald eagles
related to the project and, therefore, as noted above does not seek
coverage for the eagle under the permit.
    Development of the LEHCP identified three alternatives--(1)
Construct the project while minimizing impacts to Preble's and avoid
adverse impacts to bald eagles to the maximum extent practicable
(Preferred Alternative); (2) Construct only that portion of the project
more than 91 meters (300 feet) from the 100-year floodplain (no impact
to Preble's habitat); and (3) No action. A fourth alternative, waiting
for a regional section 10(A)(1)(B) permit, also was considered but not
carried forward, because no regional permit is currently planned that
would cover the project area.
    To mitigate impacts that may result from incidental take, the LEHCP
provides a conservation plan that will likely provide a net benefit to
the Preble's mouse and other wildlife by enhancing certain riparian
corridors on the plant site and associated wetland areas through
revegetation efforts and the creation of new habitat. Project
construction will disturb 0.10 hectare (0.24 acre) of riparian shrubs
and trees that provide potentially suitable habitat for Preble's.
Approximately 0.04 hectare (0.09 acre) of this disturbance would be
permanent. To mitigate for potential impacts to Preble's, Greeley will
enhance 0.16 hectare (0.40 acre) of riparian habitat. Enhancement of
this acreage will include the creation of a travel corridor between two
existing habitat areas. Greeley also will reseed with native grasses
and revegetate with native shrubs and trees. In addition, a qualified
biologist will monitor implementation of the LEHCP, including all
mitigation efforts, and will prepare an annual report on the progress
of habitat improvement measures for a minimum of three growing seasons,
or until success criteria are met.
    The Service has made the preliminary determination that approval of
the LEHCP qualifies as a categorical exclusion under NEPA, as provided
by the Department of the Interior Manual (516 DM 2, Appendix 1 and 516
DM 6, Appendix 1) and as a ``low-effect'' plan as defined by the
Habitat Conservation Planning Handbook (November 1996). Determination
of LEHCPs is based on the following three criteria: (1) Implementation
of the LEHCP would result in minor or negligible effects on federally
listed, proposed, and candidate species and their habitats; (2)
implementation of the LEHCP would result in minor or negligible effects
on other environmental values or resources; and (3) impacts of the
LEHCP, considered together with the impacts of other past, present, and
reasonably foreseeable similarly situated projects would not result,
over time, in cumulative effects to environmental values or other
resources that would be considered significant.
    Based on this preliminary determination, we do not intend to
prepare further NEPA documentation. We will consider public comments in
making the final determination whether to prepare such additional
documentation.
    This notice is provided pursuant to section 10(c) of the Act. We
will evaluate the permit application, the LEHCP, and comments submitted
herein to determine whether the application meets the requirements of
section 10(a) of the Act. If the requirements are met, a permit will be
issued for the incidental take of Preble's in conjunction with the
construction and installation of the toe drain around the perimeter of
the raw water ponds located at the Bellvue Filter Plant. The final
permit decision will be made after public comments are considered.

    Dated: July 31, 2007.
Susan C. Linner,
Colorado Field Supervisor.
[FR Doc. E7-16122 Filed 8-15-07; 8:45 am]

BILLING CODE 4310-55-P

 
 

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