[Federal Register Volume 59, Number 123 (Tuesday, June 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15589]


[Federal Register: June 28, 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: O.C. Mendes, owner of Balmoral Subdivision (Applicant), 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 2 years, the 
incidental take of a threatened species, the Florida scrub jay, 
Aphelocoma coerulescens coerulescens, incidental to construction of 
Balmoral subdivision, a development consisting of 5 single family 
residences and necessary infrastructure on approximately 4.05 acres 
(Project). The Project is located along State Road A1A south of the 
city of Melbourne, in the Coconut Point area of 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. 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 July 28, 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-791244 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 one 
family currently uses the site and surrounding suitable habitat areas. 
The Applicant proposes to impact a portion of the territory of this 
family. Initial construction of roads and utilities and subsequent 
development of individual homesites may therefore result in death of, 
or injury to, scrub jays incidental to the carrying out of these 
otherwise lawful activities. Habitat alteration associated with 
property development may reduce the availability of feeding, shelter, 
and nesting habitat.
    To minimize and mitigate the impacts of the loss of 1.35 acres of 
scrub jay habitat, the Applicant will purchase 3.0 acres of scrub 
habitat known to support the scrub jay, deed the property to Brevard 
County, and provide a management endowment of $3,000 to ensure 
management of the site in perpetuity. Other measures proposed by the 
Applicant include siting of individual building footprints to minimize 
additional scrub habitat alteration, and protection of active nests, if 
discovered, during the nesting season.
    The EA considers the environmental consequences of three 
alternatives, including acceptance of the HCP as submitted, 
consideration of management of surrounding publicly-owned lands as 
mitigation in lieu of offsite purchase, and no action.

    Dated: June 21, 1994.
James W. Pulliam, Jr.,
Regional Director.
[FR Doc. 94-15589 Filed 6-27-94; 8:45 am]
BILLING CODE 4310-55-P