95-28016. Availability of an Environmental Assessment and Receipt of a Joint Application for an Incidental Take Permit for a Residential Project Called Pineda Crossing/Windover Farms, Located in Brevard County, FL  

  • [Federal Register Volume 60, Number 219 (Tuesday, November 14, 1995)]
    [Notices]
    [Pages 57247-57248]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-28016]
    
    
    
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    DEPARTMENT OF THE INTERIOR
    Fish and Wildlife Service
    
    
    Availability of an Environmental Assessment and Receipt of a 
    Joint Application for an Incidental Take Permit for a Residential 
    Project Called Pineda Crossing/Windover Farms, Located in Brevard 
    County, FL
    
    AGENCY: Fish and Wildlife Service, Interior.
    
    ACTION: Notice.
    
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    SUMMARY: EKS Properties, Incorporated and Pineda Crossing Corporation 
    (Applicants), are seeking an incidental take permit from the Fish and 
    Wildlife Service (Service), pursuant to Section 10(a)(1)(B) of the 
    Endangered Species Act of 1973 (Act), as amended. The permit would 
    authorize the take of two families of the endangered red-cockaded 
    woodpecker, Picoides borealis in Brevard County, Florida. The proposed 
    taking is incidental to construction of two adjacent projects, Windover 
    Farms and Pineda Crossing residential developments encompassing 940 
    acres and 323 acres, respectively (Project). The two project sites are 
    located on the western side of the city of Melbourne, between Wickham 
    Road and Interstate 95, in Sections 36 and 25, Township 26 south, Range 
    36 east, in Brevard County, Florida. Windover Farms of Melbourne occur 
    north and west of the intersection of Post and Wickham Roads. The 
    Pineda Crossing site lies immediately north of Windover Farms. Both 
    sites have been partially developed, including construction of roads, 
    single-family houses, and recreational centers. The Applicants are 
    seeking an incidental take permit to proceed with development in areas 
    currently occupied by the red-cockaded woodpecker.
        The Service also announces the availability of an environmental 
    assessment (EA) and habitat conservation plan (HCP) for the incidental 
    take application. Copies of the EA or HCP may be obtained by making a 
    request to the Regional Office address below. Requests must be 
    submitted in writing to be adequately processed. This notice is 
    provided pursuant to Section 10(c) of the Act and National 
    Environmental Policy Act Regulations (40 CFR 1506.6).
    
    DATES: Written comments on the permit application, EA and HCP should be 
    received on or before December 14, 1995.
    
    ADDRESSES: Persons wishing to review the application, HCP, and EA may 
    obtain a copy by writing the Service's Southeast Regional Office, 
    Atlanta, Georgia. Documents will also be available for public 
    inspection by appointment during normal business hours at the Regional 
    Office, or the Jacksonville, Florida, Field Office. Written data or 
    comments concerning the application, EA, or HCP should be submitted to 
    the Regional Office. Please reference permit under PRT-808474 in such 
    comments.
    
    Regional Permit Coordinator, U.S. Fish and Wildlife Service, 1875 
    Century Boulevard, Suite 200, Atlanta, Georgia 30345, (telephone 404/
    679-7110, fax 404/679-7081).
    
    Field Supervisor, U.S. Fish and Wildlife Service, 6620 Southpoint 
    Drive, South, Suite 310, Jacksonville, Florida 32216-0912, (telephone 
    904/232-2580, fax 904/232-2404).
    
    FOR FURTHER INFORMATION CONTACT: Dawn Zattau at the Jacksonville, 
    Florida, Field Office, or Rick G. Gooch at the Atlanta, Georgia, 
    Regional Office.
    
    SUPPLEMENTARY INFORMATION: The red-cockaded woodpecker (RCW) is a 
    territorial, non-migratory cooperative breeding bird species. RCWs live 
    in social units called groups which generally consist of a breeding 
    pair, the current year's offspring, and one or more helpers (normally 
    adult male offspring of the breeding pair from previous years). Groups 
    maintain year-round territories near their roost and nest trees. The 
    RCW is unique among North American woodpeckers in that it is the only 
    woodpecker that excavates its roost and nest cavities in living pine 
    trees. Each group member has its own cavity, although there may be 
    multiple cavities in a single pine tree. The aggregate of cavity trees 
    used by a breeding group is called a cluster. RCWs forage almost 
    exclusively on pine trees and they generally prefer pines greater than 
    10 inches diameter at breast height. Foraging habitat is contiguous 
    with the cluster. The number of acres required to supply adequate 
    foraging habitat depends on the quantity and quality of the pine stems 
    available.
        The RCW is endemic to the pine forests of the Southeastern United 
    States and was once widely distributed across 16 States. The species 
    evolved in a mature, fire-maintained, ecosystem. The RCW has declined 
    primarily due to the conversion of mature pine forests to young pine 
    plantations, agricultural fields, residential and commercial 
    developments, and to hardwood encroachment in existing pine forests due 
    to fire suppression. The species is still widely distributed (presently 
    occurs in 13 southeastern States), but remaining populations are highly 
    fragmented and isolated. Presently, the largest populations occur on 
    federally owned lands such as military installations and national 
    forests.
        Continued development of the two tracts may result in death of, or 
    harm to, any remaining RCWs through the loss of nesting and foraging 
    habitat. The Service's EA outlines two alternatives in response to this 
    application. The first alternative is a no-action alternative, which 
    would result in the Service's denial of the request for incidental 
    take. The second alternative is to accept the application as sufficient 
    and issue an incidental take permit. Under Alternative 2, the 
    Applicants' HCP proposes to offset the anticipated level of incidental 
    take, by implementing the following mitigation/minimization measures, 
    including providing adequate funding to ensure their success:
        1. For Pineda Crossing, temporary restrictions on construction 
    activities at the project site will continue during the proposed period 
    of 3 to 5 years of reproductive monitoring and translocations. This 
    will provide 
    
    [[Page 57248]]
    temporary foraging, nesting, and roosting habitat. Construction within 
    RCW habitat will not occur until translocation success is noted at the 
    mitigation site or for 3 years, whichever comes first. If young birds 
    are not available for 3 years, the HCP period will be extended to 5 
    years.
    
        2. Three new cluster sites will be created at the Hal Scott 
    Preserve in Orange County. Each cluster site will consist of three 
    completed cavities and two start holes. New cavities will be caged and 
    inspected for 6 months for sap leakage. Any trees leaking sap will not 
    be opened for use by RCW.
    
        3. Annual monitoring of nesting and roosting activity will be 
    conducted at the project sites. During nesting season, weekly visits to 
    occupied cavity trees will be conducted.
    
        4. At Windover Farms, the single male RCW will be relocated to the 
    newly created clusters at Hal Scott Preserve, along with a young female 
    from Pineda Crossing, (if available) or from the Big Econlockhatchee 
    population, of which the RCWs occupying Hal Scott are a part.
    
        5. The young birds from Pineda Crossing will be translocated to the 
    newly created clusters at Hal Scott Preserve. Weekly visits will be 
    conducted to the mitigation site once a week for 1 month after 
    translocation to inspect the cavity and the surrounding area for the 
    presence of these birds. Checks of the cluster sites will also be made 
    four times during the following nesting season to monitor reproductive 
    status and success.
    
        6. Young birds from the surrounding population in the Big Econ 
    River area will be used, if necessary, to augment these created cluster 
    sites during years of no reproduction on the Pineda Crossing site.
    
        7. At the mitigation site, inspections will be conducted in the 
    fall and winter to locate the roost sites.
    
        Dated: November 7, 1995.
    
    Noreen K. Clough,
    
    Regional Director.
    
    [FR Doc. 95-28016 Filed 11-13-95; 8:45 am]
    
    BILLING CODE 4310-55-P
    
    

Document Information

Published:
11/14/1995
Department:
Fish and Wildlife Service
Entry Type:
Notice
Action:
Notice.
Document Number:
95-28016
Dates:
Written comments on the permit application, EA and HCP should be received on or before December 14, 1995.
Pages:
57247-57248 (2 pages)
PDF File:
95-28016.pdf