[Federal Register Volume 63, Number 222 (Wednesday, November 18, 1998)]
[Notices]
[Pages 64097-64099]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-30787]
[[Page 64097]]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Availability of an Environmental Assessment and Finding of No
Significant Impact, and Receipt of an Application for an Incidental
Take Permit for a Proposed Residential Development Called Ocean Reef
Club, Plats 18 and 19, Monroe County, Florida
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice.
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Driscoll Properties, Inc. and Driscoll Foundation, Inc. previously
obtained an incidental take permit (ITP) pursuant to section
10(a)(1)(B) of the Endangered Species Act of 1973 (U.S.C. 1531 et
seq.), as amended (Act). The previous ITP authorized the take of the
endangered Key Largo woodrat (Neotoma floridana smalli), Key Largo
cotton mouse (Peromyscus gossypinus allapaticola), and Schaus
swallowtail butterfly (Heraclides aristodemus ponceanus) in association
with residential construction on 89 lots in Plats 18 and 19 of Ocean
Reef Club, north Key Largo, Monroe County, Florida. However, the
original ITP expired on May 31, 1995, and 70 of the 89 lots covered
under that ITP were not altered. Accordingly, a new ITP is required to
ensure compliance with the prohibitions of section 9 of the Act while
residential construction occurs on the remaining undeveloped lots that
still contain suitable habitat for the species listed above. Review of
the undeveloped lots by the Fish and Wildlife Service (Service)
indicated that 49 of the 70 lots still contain suitable habitat for the
Key Largo woodrat, Key Largo cotton mouse, and Schaus swallowtail
butterfly.
Forty-one of the 49 lots for which take of federally listed species
will occur during construction related activities have been sold by
Driscoll Properties, Inc. and Driscoll Foundation, Inc. to third
parties. The Ocean Reef Community Association represents all third
party lot owners.
Driscoll Properties, Inc., Driscoll Foundation, Inc., and Ocean
Reef Community Association (Applicants), seek an ITP from the Service.
The ITP would authorize for a period of 10 years the incidental take of
the endangered Key Largo woodrat, Key Largo cotton mouse and Schaus
swallowtail butterfly. The proposed residential development is called
Ocean Reef Club, Plats 18 and 19 and will consist of 49 homes located
on about 20 acres in section 24, Township 59 South, Range 40 East, and
section 19, Township 59 South, Range 41 East, Monroe County, Florida
(Project). Clearing of the 49 residential lots will destroy suitable
habitat for the three species identified above. A more detailed
description of the mitigation and minimization measures to address the
effects of the Project to the protected species are outlined in the
Applicant's Habitat Conservation Plan (HCP), the Service's
Environmental Assessment (EA), and in the Supplementary Information
section below.
The Service also announces the availability of an EA and HCP for
the incidental take application. Copies of the EA and/or HCP may be
obtained by making a request to the Regional Office (see ADDRESSES).
Requests must be in writing to be processed. This notice also advises
the public that the Service has made a preliminary determination that
issuing the ITP 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
(NEPA). The Finding of No Significant Impact (FONSI) is based on
information contained in the EA and HCP. The final determination will
be made no sooner than 30 days from the date of this notice. This
notice is provided pursuant to Section 10 of the Act and NEPA
regulations (40 CFR 1506.6).
The Service specifically requests information, views, opinions from
the public via this Notice on the Federal action, including the
identification of any other aspects of the human environment not
already identified in the Service's EA. Further, the Service is
specifically soliciting information regarding the adequacy of the HCP
as measured against the Service's ITP issuance criteria found in 50 CFR
Parts 13 and 17.
DATES: Written comments on the ITP application, EA, and HCP should be
sent to the Service's Regional Office (see ADDRESSES) and should be
received on or before December 18, 1998.
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, 1875 Century Boulevard, Suite 200, Atlanta, Georgia 30345
(Attn: Endangered Species Permits), or Field Supervisor, Fish and
Wildlife Service, Post Office Box 2676, Vero Beach, Florida 32961-2676.
Written data or comments concerning the application, EA, or HCP should
be submitted to the Regional Office. Requests for the documentation
must be in writing to be processed. Comments must be submitted in
writing to be adequately considered in the Service's decision-making
process. Please reference permit number TE004859-0 in such comments, or
in requests of the documents discussed herein.
FOR FURTHER INFORMATION CONTACT: Mr. Rick G. Gooch, Regional HCP
Coordinator, (see ADDRESSES above), telephone: 404/679-7110, facsimile:
404/679-7081; or Mr. Mike Jennings, Fish and Wildlife Biologist, South
Florida Ecosystem Office, Vero Beach, Florida (see ADDRESSES above),
telephone: 561/562-3909.
SUPPLEMENTARY INFORMATION: The Key Largo woodrat and Key Largo cotton
mouse are subspecies that occur only on Northern Key Largo. They have
been extirpated from much of the Key Largo due to clearing of tropical
hardwood hammocks for urban development. The Schaus swallowtail
butterfly is restricted to extreme Southeast Florida and the upper and
middle keys. This butterfly is also dependant on tropical hardwood
hammock vegetation and has been adversely affected by urban growth in
South Florida and the Florida Keys.
The Key Largo woodrat represents the southern most subspecies of
the eastern woodrat (Neotoma floridana). It is restricted to the
tropical hardwood hammocks of Key Largo. Like the cotton mouse, the
woodrat has experienced substantial declines in their range due
principally to urban development on Key Largo. Extant woodrats are now
found only north of the intersection of U.S. 1 and C.R. 905. More than
41 percent of the historical habitat of this species has been lost to
urbanization. Like the cotton mouse, woodrats are vulnerable to habitat
loss and fragmentation and the indirect affects of urban encroachment
(e.g., competition with black rats and increased predation from
domestic animals).
Key Largo woodrats, like other members of the genus Neotoma, are
known for their construction of large stick nests. Nests are typically
built at the base of a tree and are composed of sticks, twigs, and
other organic matter. Woodrats are territorial in the vicinity of their
nest sites, but probably interact socially under some form of hierarchy
with other woodrats. Woodrats appear to attain their greatest densities
in mature hardwood hammocks, with lower densities found adjacent to
urban settings.
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The Key Largo cotton mouse is larger and more reddish in appearance
than other subspecies in Florida. It is found only on Key Largo in
relict tropical hardwood hammock vegetation. Historically the Key Largo
cotton mouse was found throughout Key Largo where tropical hardwood
hammocks existed but development and the subsequent loss of tropical
hardwood vegetation resulted in a range reduction of this species. It
is now found only in North Key Largo, north of the intersection of U.S.
1 and C.R. 905.
Little is known about the Key Largo cotton mouse and much is
inferred from other cotton mice populations in Florida. In general,
this subspecies is considered a nocturnal tropical hardwood hammock
dweller that constructs nests in logs, tree hollows and rock crevices.
Key Largo cotton mice may breed at any time of the year and produce two
to three litters per year. These cotton mice are omnivorous and are
believed to rely heavily on the large fruit and berry crop produced by
tropical hardwood hammock vegetation.
Key Largo cotton mice are threatened by habitat loss and
fragmentation as well as the indirect effects of urbanization. As of
1991, 41.2 percent of all tropical hardwood hammock vegetation had been
cleared to meet human needs. Residential and commercial development
also lead to increases in feral or free-roaming domestic animals and
provide habitat for black rats. Domestic animals and black rats compete
with or prey upon Key Largo cotton mice.
The Schaus swallowtail butterfly is a large dark brown and yellow
butterfly that inhabits tropical hardwood hammocks of extreme South
Florida. Historically, the Schaus swallowtail butterfly was distributed
from South Miami to Lower Matecumbe Key. More recently, Schaus
swallowtail butterflies were known only from undisturbed tropical
hardwood hammocks from Elliott Key in Biscayne National Park south to
Northern Key Largo. Reintroductions have recently occurred from
Southern Dade County to Lower Matecumbe Key. This species was federally
listed due to habitat destruction, mortality associated with
application of pesticides for mosquito control, and over-harvesting by
collectors. These factors acting in combination with high natural
mortality associated with predation of caterpillars resulted in
substantial declines in the number and range of this species.
The Schaus swallowtail butterfly prefers dense, mature tropical
hardwood hammocks where direct sunlight is filtered or dappled. Adults
feed on a number of nectar producing plant species endemic to hardwood
hammocks, but have most often been observed feeding on guava (Psidium
guajava), cheese shrub (Morinda royoc), and wild coffee (Psychotria
undata). Adults rarely feed in open areas exposed to direct sunlight.
The eggs of this species are typically laid on wild lime (Zanthoxylem
fagara) and torchwood (Amyris elemifera) with caterpillars subsequently
eating young, tender shoots of these species.
The Applicant's HCP and the Service's EA describes the following
minimization and mitigation strategy to be employed by the Applicant to
offset the impacts of the Project to the Key Largo woodrat, Key Largo
cotton mouse, and Schaus swallowtail butterfly. Many of the mitigation
measures identified below were implemented and completed as part of the
ITP previously issued to Driscoll Properties, Inc. and Driscoll
Foundation, Inc.:
Protect and convey through conservation easement 5.94
acres of tropical hardwood hammock to the Florida Game and Fresh Water
Fish Commission (completed).
Construct 10 rock piles within conservation easement to
provide nesting habitat for woodrats (completed).
Revegetate scarified portions of conservation easement
(completed).
Revegetate five acres of scarified land with tropical
hardwood hammock vegetation (complete).
Monitor revegetation success (ongoing).
Sixty to 80 percent of each lot to not be disturbed
(ongoing, pursuant to Monroe County ordinance).
Hand clearing of vegetation from the footprint of
construction activities and allowing a minimum of 14 days before
mechanical removal of felled vegetation. This measure minimizes the
potential for directly killing Key Largo woodrats or Key Largo cotton
mice (ongoing).
Deed restrictions to prohibit free ranging domestic
animals (completed)
The EA considers the environmental consequences of two
alternatives. A third alternative, acquisition of lots, was considered
but not fully evaluated in the EA because ranking of lands suitable for
acquisition under the State of Florida Conservation and Recreation
Lands (CARL) acquisition program did not identify these lots (either
singularly or in combination) as a priority properties. Their small
size, proximity to adjacent residential areas, high cost, and low
biological value likely preempted consideration for acquisition.
The no action alternative may result in the loss of habitat and
exposure of the Applicants under Section 9 of the Act if lots were
cleared. If the ITP were not issued and the Applicants did not remove
vegetation from any of the lots, habitat for the three federally listed
species would remain intact and probably provide suitable habitat in
the future. The proposed action alternative is issuance of the ITP
according to the HCP as submitted and described above. Under the
proposed alternative, about 19.6 acres of suitable habitat will be
destroyed during residential development. The effect of the
minimization and mitigation strategy will be that about 11 acres of
habitat will be protected or enhanced and another 11 to 15 acres will
be preserved onsite through vegetation set asides.
As stated above, the Service has made a preliminary determination
that the issuance of the ITP is not a major Federal action
significantly affecting the quality of the human environment within the
meaning of Section 102(2)(C) of NEPA. This preliminary information may
be revised 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:
Issuance of the ITP will not appreciably reduce the
likelihood of survival and recovery of the affected species in the
wild.
The HCP contains provisions which sufficiently minimize
and/or mitigate the impacts of issuing the ITP.
Issuance of the ITP would not have significant effects on
the human environment in the project area.
The proposed take is incidental to an otherwise lawful
activity.
Adequate funding will be provided to implement the
measures proposed in the submitted HCP and authorizing ITP.
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 ITP are addressed by other
regulations and statutes under the jurisdiction of other government
entities. The validity of the Service's ITP 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.
The Service will also evaluate whether the issuance of a Section
10(a)(1)(B) ITP complies with Section 7 of the Act by conducting an
intra-
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Service Section 7 consultation. The results of the biological opinion,
in combination with the above findings, will be used in the final
analysis to determine whether or not to issue the ITP.
Dated: November 10, 1998.
H. Dale Hall,
Deputy Regional Director.
[FR Doc. 98-30787 Filed 11-17-98; 8:45 am]
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