[Federal Register: March 2, 2009 (Volume 74, Number 39)]
[Notices]
[Page 9101-9103]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02mr09-43]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R2-ES-2008-N0317]; [20124-1112-0000-F2]
Town of Marana Habitat Conservation Plan, Pima County, AZ
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability: draft environmental impact statement
and draft habitat conservation plan in support of an incidental take
permit application.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have
received an application from the Town of Marana (Applicant) for an
incidental take permit (ITP) under the Endangered Species Act of 1973
(Act). The Applicant has been assigned permit number TE-204887-0. If
approved, the permit would be for a period of 25 years, and would
authorize incidental take of two species currently listed under the
Act, and 11 species that may become listed under the Act in the future
(collectively ``covered species''). The proposed incidental take would
occur in Pima County, Arizona, as a result of impacts on covered
species and occupied habitat from specified actions conducted under the
authority of the Town of Marana. We request public comments on the
application and associated documents, and announce our plan to hold
public meetings.
DATES: Public meetings: We will accept oral and written comments at two
public meetings, which we will hold on April 2, 2009, April 15, 2009,
and April 16, 2009, from 6 p.m. to 8 p.m. We must receive any requests
for additional public meetings, in writing, at the address shown in the
ADDRESSES section by April 1, 2009.
Comment-period end: To ensure consideration, we must receive any
comments on or before May 1, 2009.
ADDRESSES: For where to review documents and submit comments, and
public meeting locations, see ``Reviewing Documents and Submitting
Comments'' in SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT: Draft EIS: Mr. Scott Richardson,
Tucson Suboffice, U.S. Fish and Wildlife Service, 201 N. Bonita Ave.,
Suite 141, Tucson, AZ 85745; 520/670-6150 x 242.
Application and Draft HCP: Ms. Jennifer Christelman or Ms. Janine
Spencer, Town of Marana, 11555 W. Civic Center Dr., Marana, AZ 85653 or
Mr. Colby Henley, RECON, 525 West Wetmore Road, Suite 111, Tucson, AZ
85705. Information regarding the HCP can also be obtained on the
Internet at http://www.marana.com/hcp.
SUPPLEMENTARY INFORMATION: Under the National Environmental Policy Act
(NEPA), we announce that we have gathered the information necessary to:
(1) Determine the impacts and formulate alternatives for the EIS,
related to the potential issuance of an ITP to the Applicant; and (2)
approve the HCP, which provides measures to minimize and mitigate the
effects of the proposed incidental take of federally listed species to
the maximum extent practicable, pursuant to section 10(a)(1)(B) of the
Act (16 U.S.C. 1531 et seq.).
If we approve it, the 25-year permit would authorize the proposed
incidental take of 13 covered species, including species currently
listed under the Act, as well as species that may become listed under
the Act in the future: (1) Lesser long-nosed bat (Leptonycteris
curasoae yerbabuenae); (2) Southwestern willow flycatcher (Empidonax
traillii extimus); (3) Yellow-billed cuckoo (Coccyzus americanus
occidentalis); (4) Cactus ferruginous pygmy-owl (Glaucidium brasilianum
cactorum); (5) Lowland leopard frog (Rana yavapaiensis); (6) Talus
snails (Sonorella spp.); (7) Tucson shovel-nosed snake (Chionactis
occipitalis klauberi); (8) Ground snake (Sonora semiannulata); (9)
Sonoran desert tortoise (Gopherus agassizii); (10) Merriam's mouse
(Peromyscus merriami); (11) Mexican garter snake (Thamnophis eques
megalops); (12) Burrowing owl (Athene cunicularia); and (13) Pale
Townsend's big-eared bat (Corynorhinus townsendii).
The proposed incidental take would occur within the Town of Marana
in Pima County, Arizona, as a result of impacts from actions occurring
under the authority of the Applicant. The Applicant has completed a
draft HCP as part of the application package, as required by the Act.
The application and associated documents provide measures to minimize
and mitigate to the maximum extent practicable the effects of the
proposed incidental take of covered species and effects to the
[[Page 9102]]
habitats upon which they depend. We have issued a draft EIS to evaluate
the impacts of and alternatives for the possible issuance of an ITP.
Background
The Town of Marana in southern Arizona, including its recent
annexation of 21,500 acres of State Trust lands along the Tortolita
Fan, contains unique natural resource values within much of its
undeveloped lands, including ironwood-dominated Arizona Upland and
xeroriparian plant communities along the bajadas (fans) and slopes of
the Tortolita Mountains and portions of the Santa Cruz River Corridor.
One of the fastest growing communities in Arizona, the town recognizes
the need to provide a solid economic base and desirable quality of life
for its citizens. Subsequently, town leaders have acknowledged the need
to balance economic, environmental, and human interests by implementing
a community-wide conservation planning effort. The overall goals of
this conservation planning effort are to: (1) Identify Federal, State
Trust, County, and private lands that merit inclusion within a
scientifically based conservation reserve designed to provide long-term
protection for multiple species of concern and key natural communities;
(2) identify appropriate mechanisms to best conserve these lands over
the long-term; (3) provide for regional economic objectives, including
the orderly and efficient development of certain private and State
Trust lands and associated public and private infrastructure; (4)
contribute to regional conservation planning efforts in eastern Pima
County; and (5) facilitate compliance with the Act's Section
10(a)(1)(B) permit requirements.
Purpose and Need for Action
The purpose for which we prepared the draft EIS is to respond to
the Applicant's request for an ITP for the proposed covered species
related to activities that have the potential to result in incidental
take. The Applicant's proposed HCP will balance the protection and
conservation of the Town of Marana's unique natural resources with
ongoing economic development and urbanization. The Applicant recognizes
that the quality of life of its citizens is dependent upon an
integrated environment which balances the needs of listed species and
their habitats with human needs. The HCP will protect and conserve the
covered species and their habitats for the continuing benefit of the
people of the United States and provide a means and take steps to
conserve the ecosystems depended on by the covered species. The HCP
will ensure the long-term survival of the covered species through
protection and management of the species and their habitats and ensure
compliance with the Act, NEPA, and other applicable laws and
regulations, pursuant to section 10(a)(1)(B) of the Act and its
implementing regulations and policies.
The need for this action is based on the potential that activities
proposed by the Applicant on lands under their jurisdiction could
result in the incidental take of covered species, thus requiring an
ITP. Section 9 of the Act prohibits the ``taking'' of threatened and
endangered species. However, we are authorized, under limited
circumstances, to issue permits to take federally listed species, when
such a taking is incidental to, and not the purpose of, otherwise
lawful activities. Regulations governing permits for endangered and
threatened species are in the Code of Federal Regulations (CFR) at 50
CFR 17.22 and 17.32, respectively. The term ``take'' under the Act
means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture,
or collect endangered and threatened species, or to attempt to engage
in any such conduct. Our regulations define ``harm'' as significant
habitat modification or degradation that results in death or injury to
listed species by significantly impairing essential behavioral
patterns, including breeding, feeding, or sheltering (50 CFR 17.3). The
proposed ITP would allow approved incidental take that is consistent
with the conservation guidelines in the Applicant's HCP. The
development and implementation of the HCP will ensure that the
Applicant meets the provisions for issuance of the ITP.
Proposed Action
The requested duration of the ITP is 25 years. The areas covered by
the proposed ITP include those areas within the boundaries of the Town
of Marana, approximately 76,500 acres. Activities proposed for coverage
under the ITP include lawful activities that would occur consistent
with Marana's General Plan and include, but are not limited to,
maintenance of Marana operations, implementation of capital improvement
projects, and issuance of land-use related permits, including those for
residential and commercial development. Specific covered activities
include road construction, public water infrastructure, parks and
trails, airport infrastructure, and residential/commercial/industrial
development.
The proposed action is the issuance of an ITP for listed and
sensitive species within the Town of Marana in Pima County, Arizona,
under section 10(a)(1)(B) of the Act. Incidental take anticipated under
this ITP application is species and location specific, but may include
direct take of individuals, as well as take in the form of habitat loss
or modification. Habitat impacts for covered species range from
approximately 100 acres for riparian species to approximately 8,000
acres for species using upland Sonoran desertscrub. The Applicant will
develop and implement the HCP, as required by section 10(a)(2)(A) of
the Act. The HCP will provide measures to minimize and mitigate the
effects of the proposed incidental take on listed and sensitive species
and their habitats. The biological goal of the HCP is to provide long-
term protection for multiple species of concern and key natural
communities through maintaining or improving the habitat conditions and
ecosystem functions necessary for their survival and to ensure that any
incidental take of listed species will not appreciably reduce the
likelihood of the survival and recovery of those species. Mitigation
measures include conservation of undisturbed open space, species
surveys, habitat restoration, and implementation of conservation
guidelines for all types of development and capital improvement
projects.
Alternatives
Three alternatives were considered in the development of the draft
EIS and draft HCP:
1. No Action/No Permit Alternative--No issuance of an ITP by the
Service. This alternative would require the Applicant to evaluate each
project or action on a case-by-case basis to address issues under the
Act and avoid take of federally listed species. This alternative is the
baseline against which the effects of the other alternatives are
compared.
2. Town Projects and Actions Only--This alternative would seek ITP
coverage for only the Applicant's own actions. Covered activities would
only include the Town of Marana's public works and capital improvement
projects. Private actions could be covered only through voluntary
adoption of the HCP.
3. Town Actions, Discretionary Private Actions, and Voluntary
Inclusion--This alternative is the proposed action for which the
Applicant is seeking coverage through an ITP. Town actions and projects
would be covered, as well as private actions where the Town maintains
discretionary authority for approval. As in Alternative 2, private
actions not subject to discretionary approval could
[[Page 9103]]
also be covered through voluntary inclusion.
Reviewing Documents and Submitting Comments
Please refer to TE-204887-0-0 when requesting documents or
submitting comments.
Persons wishing to review the application, draft Habitat
Conservation Plan (HCP), and draft Environmental Impact Statement (EIS)
may obtain copies by calling or faxing the U.S. Fish and Wildlife
Service Tucson Suboffice, 201 N. Bonita Ave, Suite 141, Tucson, AZ
85745 (520/670-6144, voice; 520/670-6155, fax). The application, draft
HCP, and draft EIS will also be available for public inspection, by
appointment, during normal business hours (8 a.m. to 4:30 p.m.) at the
Tucson office. During the public comment period (see DATES), submit
your written comments or data to the Assistant Field Supervisor at the
Tucson address. Comments will also be accepted by fax at the fax number
above, as well as by e-mail to scott_richardson@fws.gov.
Public comments submitted are available for public review at the
Tucson address listed above. This generally means that any personal
information you provide us will be available to anyone reviewing the
public comments (see the Public Availability of Comments section below
for more information).
Read-only downloadable copies of the application, draft HCP, and
draft EIS are available on the internet at http://www.fws.gov/
southwest/es/arizona and http://www.marana.com. A printed or CD copy of
these documents is available upon request to Ms. Janine Spencer, Town
of Marana, 11555 W. Civic Center Dr., Marana, AZ 85653; (520) 382-2600;
jspencer@marana.com. Copies of the application, draft HCP, and draft
EIS are also available for public inspection and review at the
locations listed below (by appointment only at government offices):
U.S. Fish and Wildlife Service, 201 N. Bonita Ave., Suite
141, Tucson, AZ 85745;
U.S. Fish and Wildlife Service, 2321 West Royal Palm Road,
Suite 103, Phoenix, AZ 85021;
Nanini Public Library, 7300 N. Shannon Road, Tucson, AZ
85741;
Pima County Main Library, 101 North Stone Ave., Tucson, AZ
85701,
Marana Branch Library, 13370 North Lon Adams Road, Marana,
AZ 85653; and
Oro Valley Public Library, 1305 West Naranja Drive, Oro
Valley, AZ 85737.
Public Meetings
Three public meetings will take place, on April 2, 2009, at the
Marana Municipal Complex, 11555 W. Civic Center Dr., Marana, AZ 85653,
from 6 p.m. to 8 p.m., on April 15, 2009, at the Wheeler Taft-Abbett
Sr. Library, 7800 N. Schisler Drive, Tucson, AZ 86743, from 6 p.m. to 8
p.m., and on April 16, 2009, at the Heritage Highlands Clubhouse
Ballroom, 4949 W. Heritage Club Blvd., Tucson, AZ 85658, from 6 p.m. to
8 pm.
Public Availability of Comments
Written comments we receive become part of the public record
associated with this action. Before including your address, phone
number, e-mail address, or other personal identifying information in
your comment, you should be aware that the entire comment--including
your personal identifying information--may be made publicly available
at any time. While you can ask us in your comment to withhold your
personal identifying information from public review, we cannot
guarantee that we will be able to do so.
Authority
We provide this notice under section 10(c) of the Act (16 U.S.C.
1531 et seq.) and its implementing regulations (50 CFR 17.22) and NEPA
(42 U.S.C. 4371 et seq.) and its implementing regulations (40 CFR
1506.6).
Thomas L. Bauer,
Acting Regional Director, Region 2, Albuquerque, New Mexico.
[FR Doc. E9-4319 Filed 2-27-09; 8:45 am]
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