[Federal Register Volume 60, Number 28 (Friday, February 10, 1995)]
[Pages 8057-8058]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3354]



Availability of an Environmental Assessment and Receipt of an 
Application for an Incidental Take Permit for a Project Called Cypress 
Creek (Phase I), a Single Family Residence Subdivision, in Brevard 
County, FL

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice.


SUMMARY: RNR Properties, Ltd., (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 two families of the 
threatened Florida scrub jay, Aphelocoma coerulescens coerulescens in 
Brevard County, Florida, for a period of 10 years. The proposed taking 
is incidental to construction of 148 single family homes, including the 
necessary infrastructure, on approximately 225 acres (Project). Within 
the Project, 28.7 acres are occupied by Florida scrub jays and will be 
permanently altered. The Project is called Cypress Creek (Phase I), and 
it is located on the mainland of Brevard County, in the Town of Grant.
    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 [[Page 8058]] 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 13, 1995.

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-798698 in such 
    Regional Permit Coordinator, U.S. Fish and Wildlife Service, 1875 
Century Boulevard, Suite 210, Atlanta, Georgia 30345, (telephone 404/
679-7110, fax 404/679-7280).
    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 Florida 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 Florida scrub jay population 
has been reduced by at least half in the last 100 years. Surveys have 
indicated that two families of Florida scrub jays inhabit the Project 
site. Construction of the Project's infrastructure and subsequent 
construction of the individual homesites will likely result in death 
of, or injury to, Aphelocoma coerulescens coerulescens incidental to 
the carrying out of these otherwise lawful activities. Habitat 
alteration associated with property development will 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 loss of habitat 
for Aphelocoma coerulescens coerulescens and exposure of the Applicant 
under Section 9 of the Act. A third alternative is the proposed Project 
that is designed to reduce the impacts to Aphelocoma coerulescens 
coerulescens by restricting the Project's total buildable area. The 
proposed action alternative is issuance of the incidental take permit. 
This provides for restrictions of construction activity, purchase of 
off-site habitat for the Florida scrub jay, the establishment of an 
endowment fund for the off-site acquired habitat, and donation of 
additional off-site habitat. The HCP provides a funding mechanism for 
these mitigation measures.

    Dated: February 3, 1995.
Jerome M. Butler,
Acting Regional Director.
[FR Doc. 95-3354 Filed 2-9-95; 8:45 am]