[Federal Register Volume 59, Number 56 (Wednesday, March 23, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6703]


[[Page Unknown]]

[Federal Register: March 23, 1994]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

 

Availability of an Environmental Assessment and Receipt of an 
Application for an Incidental Take Permit for a Residential Development 
in Brevard County, FL

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice.

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SUMMARY: Ocean Ridge, Ltd., (Applicant) a Florida limited partnership, 
is seeking an incidental take permit from the Fish and Wildlife Service 
(Service) pursuant to Section 10(a)(1)(B) of the Endangered Species Act 
(Act). The proposed permit would authorize for a period of 10 years the 
incidental take of a threatened species, the Florida scrub jay, 
Aphelocoma coerulescens coerulescens, incidental to construction of 
Ocean Ridge, a development consisting of 29 single family residences 
and necessary infrastructure on approximately 9.4 acres (Project). The 
Project is located along State Road A1A south of the city of Melbourne, 
located north of an apartment complex known as The Hamptons, Sections 
20 and 21, Township 28S, Range 38E, Brevard County, Florida.
    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 a 
request to the Regional Office address below. The Service is soliciting 
data on Aphelocoma coerulescens coerulescens 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 April 22, 1994.

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, or the Jacksonville, Florida, Field Office. Written data or 
comments concerning the application, EA, or HCP should be submitted to 
the Regional Office. Please reference permit under PRT-787965 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, 6620 Southpoint 
Drive, South, suite 310, Jacksonville, Florida 32216-0912, (telephone 
904/232-2580, fax 904/232-2404).

FOR FURTHER INFORMATION CONTACT: Dawn Zattau at the Jacksonville, 
Florida, Field Office, or Rick G. Gooch at the Atlanta, Georgia, 
Regional Office.

SUPPLEMENTARY INFORMATION: Aphelocoma coerulescens coerulescens is 
geographically isolated from other subspecies of scrub jays found in 
Mexico and the Western United States. The scrub jay is found almost 
exclusively in peninsular Florida and is restricted to scrub habitat. 
The total 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 scrub jay population has been reduced by at 
least half in the last 100 years. The scrub jay survey provided by the 
Applicant indicates that two families, one consisting of a mating pair 
with helpers and the other consisting of a mating pair without helpers, 
currently use the site and surrounding suitable habitat areas. The 
Applicant proposes to impact a portion of the territories of both scrub 
jay families. Initial construction of roads and utilities and 
subsequent development of individual homesites may therefore result in 
death of, or injury to, Aphelocoma coerulescens coerulescens 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 
habitat for Aphelocoma coerulescens coerulescens 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 
Aphelocoma coerulescens coerulescens as an alternative was rejected as 
biologically unjustifiable. Modification of the HCP as an alternative 
was in part accommodated during the preapplication phase through 
negotiations between the Applicant and the Service. The proposed action 
alternative is issuance of the incidental take permit. This provides 
for restrictions of construction activity, purchase of offsite suitable 
Aphelocoma coerulescens coerulescens habitat, the establishment of an 
endowment fund to manage the purchased habitat, protection of active 
nesting areas during construction of the Project, exotic plant removal 
and control, and provisions for placement of native plant species 
within the Project. The HCP also provides a funding mechanism for these 
mitigation measures.

    Dated: March 11, 1994.
Warren T. Olds, Jr.,
Assistant Regional Director.
[FR Doc. 94-6703 Filed 3-22-94; 8:45 am]
BILLING CODE 4310-55-P