[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