[Federal Register Volume 61, Number 229 (Tuesday, November 26, 1996)]
[Notices]
[Pages 60112-60113]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-30099]
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DEPARTMENT OF THE INTERIOR
Availability of an Environmental Assessment and Receipt of an
Application Submitted by the On Top of the World, Incorporated for an
Incidental Take Permit for Red-cockaded Woodpeckers in Association With
Land Development Activities on Their Property in Marion County, FL
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice.
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SUMMARY: On Top of the World, Incorporated (Applicant) has applied to
the U.S. Fish and Wildlife Service (Service) for an incidental take
permit (ITP) pursuant to Section 10(a)(1)(B) of the Endangered Species
Act of 1973 (Act), as amended. The proposed ITP would authorize the
incidental take of a federally endangered species, the red-cockaded
woodpecker Picoides borealis (RCW) known to occur on property owned by
the Applicant in Marion County, Florida. The Applicant is requesting an
ITP in order to conduct land development activities for economic
reasons. The Applicant's Habitat Conservation Plan (HCP) was submitted
for a portion of the 5,690 acres owned by the Applicant called the
Central Site. The Applicant's project, known as Ocala Sandhills, is
located in approximately 9 miles west of Ocala just north of State Road
200, Marion County, Florida. The proposed ITP would authorize
incidental take of a four RCW groups (currently consisting of 8
breeding adults, 1 female helper, and 6 fledglings) in exchange for
mitigation elsewhere 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). 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 National Environmental
Policy Act Regulations (40 CFR 1506.6).
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 26, 1996.
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 at Jacksonville, Florida, Field
Office, 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. Comments must be
submitted in writing to be processed. Please reference permit under
PRT-822026 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; or Dr. L.
Karolee Owns, Fish and Wildlife Biologist, Jacksonville Field Office,
(see ADDRESSES above), telephone: 904/232/2580.
SUPPLEMENTARY INFORMATION: The 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
[[Page 60113]]
nest trees. The RCW is unique among the 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 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, and 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 known populations occur
on federally owned lands such as military installations and national
forests.
Based upon a range-wide assessment and estimate conducted in 1994,
the State of Florida contains about 1,285 RCW groups; 1,063 occurring
on Federal lands, 128 occurring on State lands, and an estimated 94 on
private lands.
There has not been a complete inventory of RCWs in Florida so it is
difficult to precisely assess the species' overall status in the State.
However, the known populations on Federal properties are regularly
monitored and generally considered stable. While several new active RCW
clusters have been discovered on private lands over the past few years,
many previously documented RCW clusters have been lost. It is expected
that the RCW population on private lands in Florida will continue to
decline, especially those from small tracts isolated from other RCW
populations.
The RCW population on the Applicant's property currently consists
of 15 birds (8 breeding adults, 1 female helper, and 6 fledglings). The
nearest known RCW groups to the Ocala Sandhills population are found
greater than 15 miles away; several single family/bird groups on
private lands west and northwest; large populations on both the Goethe
and Withlacoochee State Forests northwest and southwest, respectively
from the site; and a small population of about 7 groups on the Ocala
National Forest east of the Applicant's property.
The Applicants propose to harvest the timber at Ocala Sandhills in
association with land development and alteration activities associated
with construction of a mixed use residential, commercial, and golf
course community.
The EA considers the environmental consequences of three
alternatives, including the proposed action. The proposed action
alternative is issuance of the ITP and implementation of the HCP as
submitted by the Applicant. The HCP provides for an off-site mitigation
strategy focusing on enhancing clusters in designated recruitment
stands in the Ocala National Forest over a 5-year period. During the
first 5 years of the permit/HCP, the Applicant would conserve the
habitat necessary to support/stabilize the existing RCW population.
Juvenile RCWs produced by the Applicant's population will be
translocated to these sites and monitored. At the completion of the
translocation efforts for the juveniles, any remaining adults would
also be moved to the Ocala National Forest. In addition, the Applicant
will assist the Ocala National Forest by financially supporting
selected hardwood control efforts at the recipient sites. The HCP will
involve monitoring the mitigation clusters for a specified time period
to determine success of the habitat enhancement efforts. The HCP
provides a funding source for the above-mentioned mitigation measures.
As stated above, the Service has made a preliminary determination
that the issuance of this 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 and will result in the FONSI. 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 Applicants have 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 ITPs are addressed by other
regulations and statutes under the jurisdiction of other government
entities. The validity of the Service's ITPs are contingent upon the
Applicants' compliance with the terms of their permits 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 either
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 either
ITP.
Dated: November 18, 1996.
Jerome M. Butler,
Acting Regional Director.
[FR Doc. 96-30099 Filed 11-25-96; 8:45 am]
BILLING CODE 4310-55-P
