[Federal Register Volume 61, Number 133 (Wednesday, July 10, 1996)]
[Notices]
[Pages 36391-36392]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17522]
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DEPARTMENT OF THE INTERIOR
Availability of an Environmental Assessment and Receipt of an
Application for an Incidental Take Permit for a Residential
Subdivision, Located near the City of St. Cloud, Osceola County, FL
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice.
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SUMMARY: Mr. Nick Gross, Jr., (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 (16 U.S.C.
1531 et seq.), (Act) as amended. The ITP would authorize the one time
take, through harassment, of two adult bald eagles (Haliaeetus
leucocephalus) and up to four bald eagle eggs or chicks, in Osceola
County, Florida for a period 5 years. The proposed taking is incidental
to construction of a residential housing project called Ashley Reserve
and Woods At Kings Crest (Project), including the necessary
infrastructure, on approximately 12 acres. Within the Project area,
bald eagles constructed a nest during the 1995-1996 nesting season.
Construction and subsequent occupancy of the Project is anticipated to
result in nest site abandonment at some time in the future. The Project
is located just west of Macy Island Road, approximately one-half mile
south of the intersection of Macy Island Road and State Road 525,
Section 31, Township 25 South, Range 31 East, Osceola County, Florida.
Additional information on the Project and the HCP is 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 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 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 South Florida Ecosystem
Office, 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. Comments must be submitted in writing
to be processed. Please reference permit under PRT-816732 in such
comments, or in requests of the documents discussed herein. Requests
for the documents must be in writing to be adequately processed.
FOR FURTHER INFORMATION CONTACT: Mr. Rick G. Gooch, Regional Permit
Coordinator, Atlanta, Georgia (see ADDRESSES above), telephone: 404/
679-7110; or Thomas E. Grahl, Assistant Field Supervisor, South Florida
Ecosystem Office, (see ADDRESSES above), telephone: 407/562-3909.
SUPPLEMENTARY INFORMATION: Bald eagles are found throughout the United
States, but are most abundant in the Northwest and Southeast.
Nationwide, the number of eagles has increased since listed as
endangered under the Act. Sufficient protection and expanding
populations resulted in the reclassification of eagles from endangered
to threatened in 1995. In Florida, eagles have rebounded from a low of
about 100 nesting pairs in 1973 to 831 nesting pairs in 1995. Eagle
productivity has also increased over this time period. Fifty-five
successful nests were documented in 1973, whereas 621 successful nests
were identified in 1995. Osceola County, Florida, has also experienced
substantial increases in the number of bald eagles and nests. In 1996,
130 bald eagle nests were located during surveys in Osceola County, one
of which was built on the Project site. Construction of the Project's
infrastructure and subsequent construction of 30 single family homes
will likely result in abandonment of this nest site and may result in
the death of eggs or chicks if abandonment occurs after egg laying. The
take of eagles is considered incidental to the carrying out of the
Project's otherwise lawful construction activities.
The EA considers the environmental consequences of three
alternatives. The no action alternative may result in: (1) Maintenance
of the Applicant's property in an undeveloped condition, or (2)
development of the property by the Applicant or future owner without
protective coverage of an ITP. The latter situation would result in the
loss of
[[Page 36392]]
buffer area surrounding the bald eagle nest site, exposing the property
owner to potential Section 9 violation. Alternative 2 would issue an
ITP and result in construction of 30 houses with mitigation occurring
on-site, including phased development over a 3- to 4-year period and
funding for educational materials and bald eagle monitoring.
Alternative 3 is identical to Alternative 2 except that both on- and
off-site mitigation would be required. Two other alternatives were
examined but not forwarded for further evaluation. These include: (1)
Decreasing the lot sizes within the Project area to provide a greater
buffer area surrounding the bald eagle nest and (2) construction of the
30 homes within a 1-year period without phasing of construction.
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: July 3, 1996.
Noreen K. Clough,
Regional Director.
[FR Doc. 96-17522 Filed 7-9-96; 8:45 am]
BILLING CODE 4310-55-P
