98-30787. 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, ...  

  • [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]]
    
    -----------------------------------------------------------------------
    
    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.
    
    -----------------------------------------------------------------------
    
        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.
    
    [[Page 64098]]
    
        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-
    
    [[Page 64099]]
    
    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]
    BILLING CODE 4310-55-P
    
    
    

Document Information

Published:
11/18/1998
Department:
Fish and Wildlife Service
Entry Type:
Notice
Action:
Notice.
Document Number:
98-30787
Dates:
Written comments on the ITP application, EA, and HCP should be
Pages:
64097-64099 (3 pages)
PDF File:
98-30787.pdf