[Federal Register Volume 59, Number 40 (Tuesday, March 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4547]


[[Page Unknown]]

[Federal Register: March 1, 1994]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

 

Availability of Finding of No Significant Impact and 
Environmental Assessment and Receipt of an Application for an 
Incidental Take Permit for a Residential Development in Baldwin County, 
AL

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: D&E Investments, Limited (Applicant), has applied to the Fish 
and Wildlife Service (Service) for an incidental take permit pursuant 
to section 10(a)(1)(B) of the Endangered Species Act (Act). The 
proposed permit would authorize for a period of 30 years the incidental 
take of an endangered species, the Alabama beach mouse (Peromyscus 
polionotus ammobates), known to occupy lands owned by the Applicant in 
Gulf Shores, Baldwin County, Alabama.
    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 or HCP may be obtained by making 
requests to the addresses below. The Service is soliciting data on 
Peromyscus polionotus ammobates in order to assist in the requirement 
of the intra-Service consultation. 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(c) 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 
received on or before March 31, 1994.

ADDRESSES: Persons wishing to review the application may obtain a copy 
by writing the Service's Southeast Regional Office, Atlanta, Georgia. 
Persons wishing to review the EA or HCP may obtain a copy by writing 
the Regional Office or the Jackson, Mississippi, Field Office. 
Documents will also be available for public inspection, by appointment, 
during normal business hours at the Regional Office, or the field 
office. Written data or comments concerning the application, EA or HCP 
should be submitted to the Regional Office. Please reference permit 
under PRT-787172 in such comments.
    Assistant Regional Director, U.S. Fish and Wildlife Service, 1875 
Century Boulevard, suite 200, Atlanta, Georgia 30345, (telephone 404/
679-7110, fax 404/679-7081).
    Field Supervisor, U.S. Fish and Wildlife Service, 6578 Dogwood View 
Parkway, suite A, Jackson, Mississippi 39213 (telephone 601/965-4900, 
fax 601/965-4340).

FOR FURTHER INFORMATION CONTACT: Wendell Neal at the above Jackson, 
Mississippi, Field Office.

SUPPLEMENTARY INFORMATION: Peromyscus polionotus ammobates is a 
subspecies of the common oldfield mouse Peromyscus polionotus and is 
restricted to the dune systems of the Gulf Coast of Alabama. The known 
current range of Peromyscus polionotus ammobates extends from Fort 
Morgan eastward to the western terminus of Alabama Highway 182, 
including the Perdue Unit on the Bon Secour National Wildlife Refuge. 
The sand dune systems inhabited by this species are not uniform; 
several habitat types are distinguishable. The depth of the habitat 
from the beach inland varies depending on the configuration of the sand 
dune system and the vegetation. Generally, these habitat zones are 
considered as primary dune (dunes immediately fronting the beach) 
supporting sea oats and other widely scattered grasses, an interdune 
area consisting of other grasses, and sedges, and a secondary dune zone 
supporting small trees and shrubs. The Applicant proposes to construct 
a planned unit development, including a 18-hole golf course, multi-
family units, and single family residences, on 251.7 acres 
of land located adjacent to and south of Alabama Highway 180, southern 
side of the Fort Morgan peninsula, Section 29, Township 9 South, Range 
2 East, Gulf Shores, Baldwin County, Alabama. The Applicant's property 
contains Peromyscus polionotus ammobates habitat, and recent trapping 
efforts have confirmed its presence in the primary dune zone and 
interdune zone in different densities and patterns of utilization. The 
property contains 32 acres of designated critical habitat 
of Peromyscus polionotus ammobates. Initial construction of roads and 
utilities and subsequent development of individual homesites may result 
in death of or injury to beach mouse incidental to the carrying out of 
these otherwise lawful activities. Habitat alternation associated with 
property development may reduce the availability of feeding, shelter, 
and nesting habitat.
    The EA considers the environmental consequences of three 
alternatives. The no action alternative may result in some loss of 
suboptimal habitat for Peromyscus polionotus ammobates and exposure of 
the Applicant under Section 9 of the Act. This action is inconsistent 
with the purposes and intent of Section 10 of the Act. The delisting of 
the Peromyscus polionotus ammobates as an alternative was rejected as 
biologically unjustifiable. Modification of the HCP as an alternative 
was in part accommodated during the pre-application phase through 
negotiations between the Applicant and the Service. The HCP attached 
with the permit is modified to the maximum extent practicable. The 
proposed action alternative is issuance of the incidental take permit. 
This provides for restrictions of construction activity, placement of 
walkover structures across sand dunes, continued monitoring of 
Peromyscus polionotus ammobates, control of cats and competitors of 
Peromyscus polionotus ammobates, controls on residential outdoor 
lighting, storage and maintenance of trash and garbage in scavenger 
proof containers, and distribution of educational materials to 
construction personnel and residents. The HCP also provides a funding 
mechanism for these mitigation measures.

    Dated: February 18, 1994.
Nancy C. Coon,
Acting Assistant Regional Director, Ecological Services.
[FR Doc. 94-4547 Filed 2-28-94; 8:45 am]
BILLING CODE 4310-55-M