[Federal Register Volume 64, Number 144 (Wednesday, July 28, 1999)]
[Notices]
[Pages 40890-40891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19238]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Availability of an Environmental Assessment, Preliminary Finding
of No Significant Impact, and Receipt of an Application for an
Incidental Take Permit for a 32,400-Unit Residential Community To Be
Built in Phases on 5,690 Acres Over a 32-Year Period, in Marion County,
Florida
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice.
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SUMMARY: On Top of the World, Inc., of Ocala, Florida (Applicant),
seeks 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 four families of the threatened Florida scrub-jay, Aphelocoma
coerulescens and the threatened eastern indigo snake, Drymarchon corais
couperi, in Marion County, Florida, for a period of thirty-two (32)
years. The proposed taking is incidental to land clearing activities
and residential development on a 32,400-acre project site (Project).
The Project contains about 334 acres of occupied Florida scrub-jay
habitat, and only one eastern indigo snake has been seen onsite,
despite extensive surveys. The mitigation and minimization measures
outlined in the Applicant's Habitat Conservation Plan (HCP) to address
the effects of the Project to the protected species are 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 preliminary 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 comment on the appropriateness of the ``No
Surprises'' assurances 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). The
Service is soliciting public comments and review of the applicability
of the ``No Surprises'' Policy to this application and HCP.
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 27, 1999.
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, US 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.
Comments or requests for the documentation must be in writing to be
processed. Please reference permit number TE010099-0 in such comments,
or in requests for the documents discussed herein.
FOR FURTHER INFORMATION CONTACT: Mr. David A. Dell, Permit Coordinator,
(see ADDRESSES above), telephone: 404/679-7313; or Mr. Jay Herrington,
Fish and Wildlife Biologist, Jacksonville Field Office, (see ADDRESSES
above), telephone: 904/232-2580, extension 114.
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 exclusively in
peninsular Florida and is restricted to scrub habitat. The total
[[Page 40891]]
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
eleven families of Florida scrub-jays inhabit the Project site.
Construction of the Project's infrastructure and 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 EA considers the environmental consequences of four
alternatives. The no action alternative may result in continued loss of
habitat for Aphelocoma coerulescens (through lack of fire management
activity) or exposure of the Applicant under section 9 of the Act,
should he decide to proceed with the Project without incidental take
authorization. The on-site scrub habitat restoration alternative would
require an ITP and would result in three scrub-jay territories being
maintained where they are. In addition, habitat would be restored and/
or created to provide for an additional seven FSJ families. However,
this alternative would be the riskiest, in that little success has been
achieved in the creation of scrub habitat. The off-site mitigation
alternative would result in the loss of all eleven families of FSJs on
the project site and would provide funds to the state of Florida to
allow management activities to take place on the nearby Ross Prairie
site specifically for the benefit of scrub-jays. The Applicant rejected
this alternative because he wishes to maintain scrub-jays on the
Project site as an amenity to future residents. In addition, providing
funds to public agencies to conduct management activities would only be
useful to scrub-jays in the event there were no plans for the state to
manage the site properly. The Service is currently working closely with
the state agencies to ensure that such activities will take place
without additional funding being provided by the Service. The proposed
action alternative is issuance of the ITP with on-site mitigation. To
mitigate for the 122 acres of occupied habitat that would be eliminated
on-site, the applicant will preserve and manage 273.1 acres of occupied
scrub-jay habitat in addition to 32.2 acres of habitat already
preserved as a result of previous coordination of a smaller project
within the boundaries of this permit application. To buffer human-
related impacts to the proposed preserves, buffers will be placed
around them as outlined in the Environmental Assessment. Activities
within the refuge areas will be limited to passive recreational
activities on designated walkways. These preserves will provide habitat
for any eastern indigo snakes occupying the site, as well. In addition,
no clearing of scrub vegetation would occur during the nesting season
of the Florida scrub-jay. 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.
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 21, 1999.
H. Dale Hall,
Acting Regional Director.
[FR Doc. 99-19238 Filed 7-27-99; 8:45 am]
BILLING CODE 4310-55-P
