[Federal Register Volume 61, Number 102 (Friday, May 24, 1996)]
[Notices]
[Pages 26201-26202]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13121]



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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Availability of an Environmental Assessment and Receipt of an 
Application for an Incidental Take Permit for Surface Mining in Forest 
County, Mississippi by Perry County Sand and Gravel, Inc.

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice.

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SUMMARY: Perry County Sand and Gravel, Inc. (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). The permit would authorize the incidental take, for a period of 
6 years, the federally listed threatened gopher tortoise (Gopherus 
polyphemus) during the expansion of an existing surface mining 
operation in Forest County, Mississippi.
    The Service also announces the availability of an Environmental 
Assessment (EA) and Habitat Conservation Plan (HCP) for the incidental 
take application. The Applicant's HCP describes Gopherus polyphemus 
conservation measures to be employed to address the anticipated level 
of incidental take. The EA prepared by the Service describes the 
environmental consequences of issuing or denying the Applicant's 
request for an incidental take permit. As stated in the EA, the Service 
proposes to issue the requested permit. This proposal is based on a 
preliminary determination that the Applicant has satisfied the 
requirements for permit issuance and that the HCP provides conservation 
benefits to Gopherus polyphemus. This notice also advises the public 
that the Service has made a preliminary determination that issuing the 
incidental take permit is not a major Federal action significantly 
affecting the quality of the human environment within the meaning of 
Section 102(2)(C) of the National Environmental Policy Act of 1969, as 
amended. The finding of No Significant Impact is based on information 
contained in the EA and HCP. The final determination will be no sooner 
than 30 days from the date of this notice. This notice is provided 
pursuant to Section 10 of the Endangered Species Act, as amended, and 
National Environmental Policy Act (NEPA) regulations (40 CFR 1506.6).

DATES: Written comments on the permit application must be received on 
or before June 24, 1996.

ADDRESSES: Persons wishing to review the application may obtain a copy 
by writing the Service's Southeast Regional Office, Atlanta, Georgia. 
Persons wishing to review the EA or HCP may obtain a copy by writing 
the Regional Office or the Jackson, Mississippi, Field Office. Requests 
must be in writing to be processed. Documents will also be available 
for public inspection, by appointment, during normal business hours at 
the Regional Office or the Field Office. Written data or comments

[[Page 26202]]

concerning the application, EA, or HCP should be submitted to the 
Regional Office. Please reference permit number PRT-814979 in such 
comments:

Regional Permit Coordinator, U.S. Fish and Wildlife Service, 1875 
Century Boulevard, Suite 200, Atlanta, Georgia (fax 404-679-7081).
Field Supervisor, U.S. Fish and Wildlife Service, 6578 Dogwood View 
Parkway, Suite A, Jackson, Mississippi 39213. (fax 601-965-4340).

FOR FURTHER INFORMATION CONTACT: Theresa Jacobson, Mississippi Field 
Office (601-965-4900) or Rick Gooch at the Atlanta, Georgia Regional 
Office (404-679-7110).

SUPPLEMENTARY INFORMATION:

Background

    The gopher tortoise is listed as a threatened species in the 
western part of its range, from the Tombigbee and Mobile Rivers in 
Alabama west to southeastern Louisiana. As a native burrowing species 
of the fire maintained longleaf pine ecosystem, typical gopher tortoise 
habitat consists of frequently burned longleaf pine or longleaf pine/
scrub oak uplands on moderately well drained to xeric soils. About 80 
percent of the original habitat for gopher tortoises has been lost due 
to urbanization and agriculture. Forest management practices involving 
dense pine stands and infrequent prescribed fire have reduced or 
eliminated the open forest and sunny forest floor with grasses and 
forbs that tortoises need for burrowing, nesting, and feeding. Though 
gopher tortoises are widely distributed in south Mississippi, most 
populations are fragmented, small in size, and functionally non-viable.
    Section 9 of the Act, and implementing regulations, prohibits the 
take of threatened and endangered species. Take, in part, is defined as 
an activity that kills, injures, harms, or harasses a listed threatened 
or endangered species. Section 10(a)(1)(B) of the Act provides an 
exemption, under certain circumstances, to the Section 9 prohibition if 
the taking is incidental to, and not the purpose of otherwise lawful 
activities.
    Fourteen tortoise burrows were located and four tortoises are known 
to inhabit the 89-acre proposed mining site. A tortoise population of 
up to five tortoises are estimated to reside on the property. The 
operation of heavy mining equipment can directly kill or injure 
tortoises by running over them above ground, or by crushing or 
entombing them in their burrows, or by excavation.
    The EA considers the environmental consequences of four 
alternatives. One alternative, the proposed action, is the issuance of 
the incidental take permit based upon submittal of the HCP as proposed. 
The HCP describes measures the Applicant will take to avoid and 
mitigate such taking. The Applicant plans to relocate all tortoises in 
the mining area to an 8-acre habitat conservation area. Suitable 
habitat for gopher tortoises consists of less than 60 percent canopy 
cover, a sparse understory, and tortoise browse of grasses and forbs. 
As part of the HCP, the Applicant will maintain and improve the habitat 
conservation area by thinning and by the use prescribed fire. Without 
such management, particularly the use of prescribed fire, gopher 
tortoise habitat would deteriorate via natural succession. The HCP 
provides for funding all of the mitigation and minimization efforts for 
the proposed action. Another alternative is no-action, or deny the 
request for authorization to incidentally take the gopher tortoises. 
The third alternative is similar to the proposed alternative except the 
tortoises would be relocated to a smaller, 3-acre conservation habitat 
area. The last alternative involves relocating all tortoises off the 
mining site and onto private property owned by the Applicant elsewhere. 
All surface mining operations and reclamation procedures are regulated 
and permitted by the Bureau of Geology, Mississippi Department of 
Environmental Quality.
    As stated above, the Service has made a preliminary determination 
that the proposed action, e.g., issuance of the incidental take permit, 
is not a major Federal action significantly affecting the quality of 
the human environment within the meaning of Section 102 (2)(C) of the 
National Environmental Policy Act of 1969, as amended. This preliminary 
information may be adjusted due to public comment received in response 
to this notice and is based on information contained in the EA and HCP. 
An appropriate excerpt from the FONSI reflecting the Service's finding 
on the application is provided below:
    Based on the analysis conducted by the Service, it has been 
determined that:
    1. Issuance of the incidental take permit will not appreciably 
reduce the likelihood of survival and recovery of the affected species 
in the wild or result in the adverse modification of designated 
critical habitat. This decision is based upon and considers the 
cumulative impacts of past, present and future issuance of incidental 
take permits within the historic and current range of each species 
affected in the permit action.
    2. Issuance of an incidental take permit would not have significant 
effects on the human environment in the project area.
    3. The proposed take is incidental to an otherwise lawful activity.
    4. The Applicant has ensured that adequate funding will be provided 
to implement the measures proposed in the submitted HCP.
    5. Other than impacts to endangered and threatened species as 
outlined in the documentation of this decision, the indirect impacts 
which may result from issuance of the incidental take permit are 
addressed by other regulations and statutes under the jurisdiction of 
other government entities. The validity of the Service's incidental 
take permit is contingent upon the Applicant's compliance with the 
terms of the permit and all other laws and regulations under the 
control of State, local, and other Federal governmental entities.

    Dated: May 17, 1996.
Noreen K. Clough,
Regional Director, Region 4.
[FR Doc. 96-13121 Filed 5-23-96; 8:45 am]
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