[Federal Register Volume 63, Number 251 (Thursday, December 31, 1998)]
[Notices]
[Pages 72321-72322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-34673]
[[Page 72321]]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Endangered and Threatened Wildlife and Plants: Notice of
Availability and Opening of Comment Period for an Environmental
Assessment/Habitat Conservation Plan and Receipt of an Application for
an Incidental Take Permit for the Delmarva Fox Squirrel in Association
with Home Port on Winchester Creek Development Project, Queen Anne's
County, Maryland
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability and receipt of application.
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SUMMARY: This notice advises the public that Waterman Realty Company,
Winchester Creek Limited Partnership has applied to the U.S. Fish and
Wildlife Service for an incidental take permit pursuant to section
10(a)(1)(B) of the Endangered Species Act of 1973, as amended. The
application has been assigned permit number TE006310-0. The proposed
permit would authorize the incidental take of a Federally endangered
species, the Delmarva fox squirrel (Sciurus niger cinereus) known to
occur on property owned by the Applicant in Grasonville, Queen Anne's
County, Maryland. The proposed taking is incidental to the planned
housing and road construction and subsequent occupancy activities of
Home Port on Winchester Creek Housing Development on approximately 56
acres owned by WCLP. The permit would be in effect for 50 years.
The Service announces the receipt of the WCLP ITP application and
the availability of the proposed Home Port on Winchester Creek Housing
Development Habitat Conservation Plan and draft Implementing Agreement
which accompanies the ITP application, for public comment. In addition,
the Service also announces the availability of a draft Environmental
Assessment for the proposed issuance of the incidental take application
and signing of the agreement. This notice is provided pursuant to
section 10(c) of the Act and National Environmental Policy Act of 1969
regulations (40 CFR 1506.6).
The Service will evaluate the application, associated documents,
and comments submitted thereon to determine whether the application
meets the requirements of NEPA regulations and section 10(a) of the
Act. If it is determined that the requirements are met, a permit will
be issued for the incidental take of the DFS. The final NEPA and permit
determinations will not be completed until after the end of the comment
period and will fully consider all public comments received during the
comment period.
The Service specifically requests comments on the appropriateness
of the ``No Surprises'' assurance contained in this application, should
the Service determine that an ITP will be granted and based upon the
submitted HCP. Although not explicitly stated in the HCP, the Service
has, since August 1994, announced its intention to honor a ``No
Surprises'' Policy for applicants seeking ITPs. Copies of the Service's
``No Surprises'' policy may be obtained by making a written request to
the Regional Office (see ADDRESSES). In the event of unforeseen or
extraordinary circumstances affecting the DFS. WCLP will not be
required to provide additional mitigation measures. If the Service
makes a finding of extraordinary circumstances, which warrants
requiring additional mitigation or compensation, the primary
responsibility rests with the Federal government. The Service is
soliciting public comments and review of the applicability of the ``No
Surprises'' Policy to this application and HCP. All comments received,
including names and addresses, will become part of the official
administrative record and may be made available to the public.
DATES: Written comments on the permit application, HCP, IA and EA
should be sent to the Chesapeake Bay Field Office (see ADDRESSES) and
should be received on or before February 1, 1999.
ADDRESSES: Persons wishing to review the permit application, HCP, EA,
and IA may obtain a copy by writing the Service's Chesapeake Bay Field
Office, 177 Admiral Cochrane Drive, Annapolis, MD 21401. Requests for
the documentation must be in writing to be processed. Written data or
comments concerning the permit application, EA, HCP, and/or IA should
also be addressed to the Field Supervisor, U.S. Fish and Wildlife
Service, Chesapeake Bay Field Office, Annapolis, Maryland. Please refer
to permit #TE006310-0 when submitting comments. Documents will be
available for public inspection by written request, by appointment
only, during normal business hours (8:00 to 4:30). Requests for the
documentation of the ``No Surprises'' policy should be addressed to the
U.S. Fish and Wildlife Service, Region 5, 300 Westgate Center Drive,
Hadley, Massachusetts, 01035-9589, ATTN: Endangered Species Program.
FOR FURTHER INFORMATION CONTACT:
Mr. John Wolflin or Ms. Keren Giovengo, Chesapeake Bay Field Office
(see Addresses above), 410-573-/4574/4538.
SUPPLEMENTARY INFORMATION: Section 9 of the Act and Federal regulation
prohibits the ``taking'' of a species listed as endangered or
threatened. Under the Act, the term ``take'' means to harass, harm,
pursue, hunt, shoot, wound, kill, trap, capture, or collect listed
wildlife, or to attempt to engage in any such conduct. The Service may,
under limited circumstances, issue permits to ``incidentally take''
listed species, if such taking is incidental to, and not the purpose
of, otherwise lawful activities. Regulations governing permits for
endangered species are promulgated in 50 CFR 17.22.
Background
The DFS is a southeastern subspecies of Sciurus niger, a species
found naturally throughout the eastern United States. Historically, DFS
were distributed throughout the Delmarva peninsula and into
southeastern Pennsylvania and southern New Jersey, but these squirrels
now persist naturally in only four Maryland counties: Queen Anne's,
Talbot, Dorchester, and Kent (historic transplant). Although
quantitative population data are scant, DFS may be locally abundant in
mature pine and mixed hardwood forest in these counties: however, this
species is typically observed in low densities, and populations may be
adversely affected by reductions in numbers of only a few individuals.
In addition to remnant natural populations. DFS translations have
figured prominently in the recovery program, and DFS have been
reintroduced to 17 sites within their historical range. Although it
appears that squirrel colonies have been successfully established at 11
of these sites, more assessment and investigation is needed to verify
their status.
Owing to he disappearance of the DFS from 90% of its former range,
the DFS was listed as Federally endangered on March 11, 1967 (32 FR
4001). Although exact causes are unknown, the dramatic decline is
attributed to habitat destruction primarily through forest management
practices and urbanization (residential and commercial development)
throughout its range. Historically, overhunting of DFS may have been an
additional cause.
Two DFS sightings has been documented on the Home Port on
Winchester Creek Housing Development
[[Page 72322]]
site. In addition, DFS sightings have been documented directly adjacent
to the site on adjacent property. Additional documented occurrences of
DFS in the nearby area are approximately 1-3 miles away on private land
within Gransonville and adjacent Queenstown, Maryland.
The WCLP has applied to the Service for an incidental take permit
pursuant to Section 10(a) of the Act. The Applicant proposes to
implement an HCP for the DFS that will allow the home and road
construction and subsequent occupancy activities in DFS habitat. The
Applicant's proposed development may result in take, as defined in the
Act and its implementing regulations, of listed species. Authorized
take would only affect DFS; take of other federally-listed species is
specifically excluded from the proposed action. This permit would
authorize the incidental take of DFS at Home Port on Winchester Creek
Housing Development trough otherwise lawful activities, specifically
the planned home and road construction and subsequent occupancy
activities, occurring in DFS habitat. The HCP and permit would be in
effect for 50 years upon issuance. Included in the application is an
HCP detailing the activities that would result in incidental take and
describing measures that mitigate, minimize and monitor the amount of
take. The application also includes an IA and EA. Homeowners that
undertake such actions will be included under the WCLP's proposed
permit that will authorize the incidental take.
The Applicant proposes the construction and subsequent occupancy of
Home Port on Winchester Creek Housing Development in Grasonville,
Maryland, for economic proposes. The design of the development project
consists of 16 residential homes on approximately 56 acres of mixed
forested/agricultural habitat. Approximately 25 acres of the site is
forested, with approximately 27 acres of the site in agricultural
habitat. The project site is bordered on the shoreline by a forested
buffer with the majority of acreage in the interior of the property
consisting of agricultural fields. A large stand of mature forest lies
in the southern corner of the property and includes both upland and
nontidal wetlands.
The anticipated incidental take will be limited to the permanent
loss of habitat on 0.50 acres, and the degraded/disturbed habitat on
9.6 acres, with species present, being harmed or harassed. In addition,
anticipated incidental take will be limited to harm of up to 15 DFS
within the 50-year ITP period, that may be associated with vehicular
strikes associated with any construction and subsequent residential
occupancy activities within the subject property.
The WCLP has agreed to implement the following measures to
minimize, mitigate and monitor impacts that may result from incidental
take of the DFS: (a) implement an education and public awareness
program for construction workers, contractors, and homeowners: (2)
implement a maximum speed limit of 15 mph for vehicles and equipment
(includes construction workers, contractors, and homeowners: (3)
request the installation of DFS road sings, three-way stop signs, and
two-way stop signs in order to minimize potential vehicles strikes of
DFS: (4) maintain specified areas adjacent to road sides/edges and
forest edges as an open area for purpose of providing visibility and
deterrence to DFS movement to minimize vehicle strike: (5) record Deeds
of Open Space and Environmental Easements, a Declaration of Covenants.
Conditions and Restrictions, 1A and the Record Plat in the land records
of Queen Anne's County that establishes specific limits of disturbances
and sets buffers for forested habitat for each lot to protect DFS from
human disturbances: (6) implement, enforce, and obey regulations
pertaining to restraint and control of domestic pets to minimize
harassment or mortality of DFS: (7) have a contact representative on
site during construction activities and an additional contact
representative with the Homeowner's Association. In addition fencing
(temporary during construction activities, permanent for home occupancy
activities) will be erected in order to establish specific limits of
disturbance and buffers: (8) report dead and/or injured DFS to USFWS:
(9) if necessary, relocate any DFS found in construction area: (10)
prohibit trash dumping except into containers, igniting open-air fires,
discharge of firearms on site during construction, and unleashed pets
on site during construction activities: (11) prohibit unleashed
domestic pets outside of residences or fences: and (12 prohibit small
game hunting (excluding waterfowl). In addition, WCLP proposes to fund
the maintenance and restoration or enhancement of approximately 5 acres
of suitable DFS habitat in the HCP area, contribute to a trust fund and
other long-term mechanism to ensure successful implementation of
restoration activities, and to place under conservation restrictions
approximately 31 areas of off-site habitat as identified in the HCP.
The EA considers the environmental consequences of three
alternatives, including the proposed action, a no-action alternative,
and a no-take determination alternative. The proposed action
alternative is the issuance of a permit under Section 10(a) of the Act
that would authorize incidental take of the DFS that may occur in the
habitats of Home on Winchester Creek Development, and implementation of
the HCP and IA as submitted by the Applicant. The proposed action would
require the Applicant to implement their HCP. The HCP provides
mitigation measures for the proposed incidental taking including
habitat enhancement, permanent protection of an off-site parcel, and
contribution to a trust fund. The HCP provides a funding mechanism for
these mitigation measures. Under the no-action alternative, the
Applicant would not develop the proposed development site in Queen
Anne's County and thus avoid the take of DFS. No ITP would be deemed
necessary or issued. The no-take determination alternative would entail
impacts as those described for the proposed action, however, ``taking''
of DFS would occur without minimization or mitigation of take. Thus,
the number of DFS taken would be unrestricted and eventual reduction in
the local population would be likely.
The Service provides this notice pursuant to section 10(c) of the
Act. The Service will 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 evaluation of the permit application,
the NCP, EA, IA and comments submitted thereon, will be used in the
final analysis to determine whether the application meets the
requirements of section 10(a) of the Act. If the requirements are met,
the Service will issue a permit to the WCLP for the incidental take of
DFS during the proposed construction and subsequent occupancy of Home
Port on Winchester Creek Housing Development. We will make the final
permit decision no sooner than 30 days from the date of this notice.
Dated: December 28, 1998.
Ronald E. Lambertson,
Regional Director, Region 5.
[FR Doc. 98-34673 Filed 12-30-98; 8:45 am]
BILLING CODE 4310-55-M
