[Federal Register Volume 63, Number 224 (Friday, November 20, 1998)]
[Notices]
[Pages 64518-64519]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-30346]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Availability of an Environmental Assessment, Finding of No
Significant Impact, and Receipt of an Application for an Incidental
Take Permit for a 48-Acre Mixed Residential/Commercial Development
Project, in Volusia County, Florida
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Mortgage Management, L. P. of Chattanooga, Tennessee
(Applicant), is seeking an incidental take permit (ITP) 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 ITP would
authorize the take of one family of the threatened Florida scrub-jay,
Aphelocoma coerulescens and the threatened Eastern indigo snake,
Drymarchon corais couperi, in Volusia County, Florida, for a period of
ten (10) years. The proposed taking is incidental to land clearing
activities and mixed residential/commercial development on a 48-acre
project site (Project). The Project contains about 8.2 acres of
occupied Florida scrub-jay habitat, and the potential exists for the
entire Project to provide habitat to the Eastern indigo snake. A
description of the mitigation and minimization measures outlined the
Applicant's Habitat Conservation Plan (HCP) to address the effects of
the Project to the protected species is as described further in the
SUPPLEMENTARY INFORMATION section below.
The Service also announces the availability of an environmental
assessment (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 (NEPA), as amended. 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, 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 permit application, EA, and HCP should
be sent to the Service's Regional Office (see ADDRESSES) and should be
received on or before December 21, 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, U.S. Fish and
Wildlife Service, 6620 Southpoint Drive, South, Suite 310,
Jacksonville, Florida 32216-0912. 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 processed. Please reference
permit number PRT-TE004632-0 in such comments, or in requests of the
documents discussed herein.
FOR FURTHER INFORMATION CONTACT: Mr. Rick G. Gooch, Regional Permit
Coordinator, (see ADDRESSES above), telephone: 404/679-7110, facsimile:
404/679-7081; or Mr. Jay B. Herrington, Fish and Wildlife Biologist,
Jacksonville Field Office, (see ADDRESSES above), telephone: 904/232-
2580, extension 120.
SUPPLEMENTARY INFORMATION: Aphelocoma coerulescens is geographically
isolated from other subspecies of scrub-jays found in Mexico and the
Western United States. The Florida scrub-jay is found almost
exclusively in peninsular Florida and is restricted to scrub habitat.
The total estimated population is between 7,000 and 11,000 individuals.
Due to habitat loss and degradation throughout the State of Florida, it
has been estimated that the Florida scrub-jay population has been
reduced by at least half in the last 100 years. Surveys have indicated
that one family of Florida scrub-jays inhabit the Project site.
Construction of the Project's infrastructure, commercial construction
and construction of the individual home sites will likely result in
death of, or injury to, Aphelocoma coerulescens incidental to the
carrying out of these otherwise lawful activities. Habitat alteration
associated with property development will reduce the availability of
feeding, shelter, and nesting habitat.
The Eastern Indigo snake (Drymarchon corais couperi) is the longest
north American snake, is reclusive, ranges up to 250 acres in the
summer and down to less than 25 acres in the winter. Historical
distribution is largely uncertain; however, records reflect
distribution throughout the Florida peninsula as well as occurrence in
the panhandle and Georgia. It is known to frequent dry, upland habitats
with nearby wetlands. Destruction of suitable habitat for agriculture,
livestock, forestry and development of commercial/residential
properties as
[[Page 64519]]
well as commercial exploitation (collecting) and ``gassing'' are well
documented as diminishing the population to a suggested viable presence
only in the states of Florida and Georgia. The acquisition,
preservation and management of large tracts of suitable habitat as
opposed to small, isolated parcels is generally recommended.
Although not observed on site, the Applicant has requested
authorization for incidental take of any Eastern Indigo snake occurring
within the tract. In addition to the normal species specific
precautionary and educational materials to be provided to on site
personnel for the Eastern Indigo snake as outlined in the HCP, the
mitigation strategy as identified above for the Florida scrub jay will
be applied to offset unavoidable impacts to the Eastern Indigo snake.
The EA considers the environmental consequences of three
alternatives. The no action alternative may result in loss of habitat
for Aphelocoma coerulescens and exposure of the Applicant under Section
9 of the Act. The on-site preservation alternative would preserve 8.2
acres of occupied habitat. This option would not require an ITP,
however, the portion of commercially developable property would be
reduced from 11 acres to 2.8 acres. In addition, this option would not
provide any management for the Florida scrub-jay family currently
located on the property. The third alternative, the off-site mitigation
alternative, would provide funds to the National Fish and Wildlife
Foundation Fund for the Conservation of the Florida Scrub-jay to
procure occupied Florida scrub-jay habitat in Volusia County, Florida
to be managed into perpetuity. The proposed action alternative is
issuance of the ITP with off-site mitigation. The affirmative
conservation measures outlined in the HCP to be employed to offset the
anticipated level of incidental take to the protected species are the
following:
1. To mitigate for the up to 8.2 acres of occupied habitat that
would be eliminated on site the applicant will provide funds to the
National Fish and Wildlife Foundation in the amount of $103,320.00 to
be spent for procurement of occupied Florida scrub-jay habitat and
conservation in Volusia County at a later date. This amount is based on
mitigation at a ratio of 2:1 (two acres purchased for every one acre
impacted and land costs of $5,000 per acre), a $1,000 per acre
management endowment, and an administrative fee of five percent of the
total cost for management of the National Fish and Wildlife Foundation
Fund for conservation of the Florida scrub-jay.
Upon procurement, the mitigation land would first be donated to and
subsequently managed by a holding company. After initial habitat
restoration, the property would then be conveyed to Volusia County or
other acceptable land conservation program, along with a conservation
easement, requiring preservation and management for Florida scrub-jays
(and eastern indigo snakes) into perpetuity.
2. No clearing of scrub vegetation would occur during the nesting
season of the Florida scrub jay.
3. The HCP provides a funding mechanism for these mitigation
measures.
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:
1. Issuance of an ITP would not have significant effects on the
human environment in the project area.
2. The proposed take is incidental to an otherwise lawful activity.
3. The Applicant has ensured that adequate funding will be provided
to implement the measures proposed in the submitted HCP.
4. 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-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 4, 1998.
Sam D. Hamilton,
Regional Director.
[FR Doc. 98-30346 Filed 11-19-98; 8:45 am]
BILLING CODE 4310-55-P
