96-17521. Availability of an Environmental Assessment and Receipt of an Application Submitted by Mr. Ben Cone, Jr., for an Incidental Take Permit for Red-cockaded Woodpeckers in Association with Management Activities on his Property in Pender County,...  

  • [Federal Register Volume 61, Number 133 (Wednesday, July 10, 1996)]
    [Notices]
    [Pages 36390-36391]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-17521]
    
    
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    DEPARTMENT OF THE INTERIOR
    
    Availability of an Environmental Assessment and Receipt of an 
    Application Submitted by Mr. Ben Cone, Jr., for an Incidental Take 
    Permit for Red-cockaded Woodpeckers in Association with Management 
    Activities on his Property in Pender County, North Carolina
    
    AGENCY: Fish and Wildlife Service, Interior.
    
    ACTION: Notice.
    
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    SUMMARY: Mr. Ben Cone, Jr., (Applicant) has applied to the U.S. Fish 
    and Wildlife Service (Service) for an incidental take permit pursuant 
    to Section 10(a)(1)(B) of the Endangered Species Act of 1973 (Act), as 
    amended. The proposed permit 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 
    Pender County, North Carolina. The Applicant is requesting an 
    incidental take permit in order to ensure complete flexibility in 
    managing his property, which will include timber management activities 
    and prescribed burning. The Applicant's property, known as Cone's 
    Folly, is located in west-central Pender County between the Black River 
    and the Town of Atkinson. Cone's Folly consists of approximately 7,200 
    acres on the main tract and an additional 800 acres on another separate 
    tract. The proposed permit would authorize incidental take of RCWs on 
    Cone's Folly 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 habitat conservation plan (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 incidental take permit 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. The Finding of No 
    Significant Impact 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 August 9, 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 the following Field Offices: 
    Field Supervisor, U.S. Fish and Wildlife Service, 160 Zillicoa Street, 
    Asheville, North Carolina 28801, (telephone 704/258-3939); Red-cockaded 
    Woodpecker Recovery Coordinator, U.S. Fish and Wildlife Service, 
    College of Forest and Recreational Resources, 261 Lehotsky Hall, Box 
    341003, Clemson, South Carolina 29634-1003 (telephone 864/656-2432); or 
    Sandhills Red-cockaded Woodpecker Recovery Biologist, U.S. Fish and 
    Wildlife Service, 225 N. Bennett Street, Southern Pines, North Carolina 
    28388 (telephone 910/695-3323). 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-816491 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 Ms. 
    Janice Nicholls, Biologist, Asheville Field Office, (see ADDRESSES 
    above), telephone: 704/258-3939.
    
    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 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.
        In North Carolina, there are an estimated 733 active RCW clusters 
    as of 1994; 56 percent are on Federal lands, 22 percent are on State 
    lands, and 22 percent are on private lands. There has not been a 
    complete inventory of RCWs in North Carolina so it is difficult to 
    precisely assess the species' overall status in the State. However, the 
    known populations on public lands are regularly monitored and generally 
    considered stable. The population trend on private lands in North 
    Carolina is less clear. 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. Most of the RCW clusters on 
    private lands are in relatively small populations (i.e., 1-5 groups), 
    and aside from the Sandhills Region, few are protected through any type 
    of conservation agreement.
        The population of RCWs on Cone's Folly presently consists of 29 
    individuals at 12 active clusters. The nearest known RCW group(s) to 
    the population at Cone's Folly is approximately 1-2 miles away at Colly 
    Swamp, which consists of several privately-owned tracts across the 
    Black River in Bladen County. The extensive Colly Swamp area extends 
    from the Black River west to near Singletary Lake State Park 
    (approximately 10 miles west), which also hosts at least two active RCW 
    clusters. The nearest known RCW concentration on the east side of
    
    [[Page 36391]]
    
    Cone's Folly is Holly Shelter Game Lands, owned and managed by the 
    North Carolina Wildlife Resources Commission. Holly Shelter Game Lands 
    hosts approximately 30 active RCW clusters and is located approximately 
    20 to 25 miles away in Pender County.
        The Applicant proposes to continue traditional timber management 
    activities and prescribed burning on his property as has been carried 
    out over the past 60 years. Cone's Folly is currently managed as a 
    wildlife preserve for several game species and as well as for forest 
    products such as saw timber, pulpwood, pine straw, and firewood. Some 
    timber harvesting activities may result in death of, or harm to, RCWs 
    through the loss of nesting and foraging habitat.
        The EA considers the environmental consequences of four 
    alternatives, including the proposed action. The proposed action 
    alternative is issuance of the incidental take permit and 
    implementation of the HCP as submitted by the Applicant. The HCP 
    provides for an off-site mitigation strategy for the existing 12 groups 
    on Cone's Folly. The goal of this strategy is to create 12 new RCW 
    groups through habitat enhancement activities--artificial cavity 
    provisioning and hardwood midstory removal--at selected sites on 
    private, State and/or Federal lands in North Carolina. The Service will 
    select the candidate sites and will specifically select sites that will 
    be managed and protected in perpetuity and that have the greatest 
    likelihood of success in the shortest time period. The HCP will involve 
    monitoring each of the 12 mitigation clusters for a specified time 
    period to determine success of the habitat enhancement efforts. 
    Finally, the Applicant will allow the Service to capture and 
    translocate juveniles produced on Cone's Folly either to the mitigation 
    sites or other sites selected by the Service. The HCP provides a 
    funding source for the above-mentioned mitigation measures.
    
        Dated: July 2, 1996.
    Noreen K. Clough,
    Regional Director.
    [FR Doc. 96-17521 Filed 7-9-96; 8:45 am]
    BILLING CODE 4310-55-P
    
    
    

Document Information

Published:
07/10/1996
Department:
Interior Department
Entry Type:
Notice
Action:
Notice.
Document Number:
96-17521
Dates:
Written comments on the permit application, EA and HCP should be
Pages:
36390-36391 (2 pages)
PDF File:
96-17521.pdf