[Federal Register Volume 59, Number 208 (Friday, October 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-26600]


[Federal Register: October 28, 1994]


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DEPARTMENT OF THE INTERIOR

Availability of an Environmental Assessment and Receipt of an 
Application for an Incidental Take Permit for a Project Called the 
Cloisters, a Single Family Residence Subdivision, in Brevard County, FL

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice.

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SUMMARY: The Cavalear Companies (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 of 1973 (Act), as 
amended. The permit would authorize the take of the Florida scrub jay, 
Aphelocoma coerulescens coerulescens, a threatened species, in Brevard 
County, Florida, for a period of 5 years. The proposed taking is 
incidental to construction of 266 single family homes including the 
necessary infrastructure on approximately 104 acres (Project), 12 acres 
of which is occupied Florida scrub jay habitat to be permanently 
altered. The Project is called The Cloisters, and is located along 
State Road A1A, south of the Terrace Shores subdivision, in the south 
beaches 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 November 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-795856 in such 
comments:

Regional Permit Coordinator, 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 
Florida scrub jay family currently uses the suitable habitat within the 
Project. The Applicant proposes to impact this territory by removing 
constituent life support elements. 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 12 acres of 
scrub jay habitat and accompanying scrub jay family, the Applicant will 
purchase 24 acres of scrub habitat known to support the scrub jay, deed 
the property to Brevard County, and provide a management endowment of 
$24,000.00 to ensure management of the site in perpetuity. Other 
measures proposed by the Applicant include 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: October 21, 1994.
David P. Flemming,
Acting Deputy Regional Director, Region 4, Atlanta, GA.
[FR Doc. 94-26600 Filed 10-27-94; 8:45 am]
BILLING CODE 4310-55-P