[Federal Register Volume 61, Number 13 (Friday, January 19, 1996)]
[Notices]
[Page 1400]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-567]



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DEPARTMENT OF THE INTERIOR

Availability of an Environmental Assessment and Receipt of an 
Application for an Incidental Take Permit From Brett Real Estate, 
Robinson Development Company, Incorporated, Orange Beach, Alabama

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice.

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SUMMARY: Brett Real Estate, Robinson Development Company, Incorporated, 
(Applicant), has applied to the Fish and Wildlife Service (Service) for 
an incidental take permit pursuant to Section 10(a)(1)(B) of the 
Endangered Species Act (Act). The proposed permit would authorize for a 
period of 30 years the incidental take of an endangered species, the 
Alabama beach mouse (Peromyscus polionotus ammobates), known to occupy 
a 22-acre tract of land owned by the Applicant within the city of 
Orange Beach, Baldwin County, Alabama. The Application proposed to 
construct a project known as Phoenix VI and VII, which will include two 
fourteen-story condominium buildings, containing 522 units, their 
associated landscaped grounds and parking areas, and two dune walkover 
structures (Project).
    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 
requests to the addresses below. 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 February 20, 1996.

ADDRESSES: Persons wishing to review the application may obtain a copy 
by writing the Service's Southeast Regional Office, Atlanta, Georgia. 
Persons wishing to review the EA or HCP may obtain a copy by writing 
the Regional Office or the Jackson, Mississippi, Field Office. Requests 
must be in writing to properly process requests. Documents will also be 
available for public inspection, by appointment, during normal business 
hours at the Regional Office, or the Field Office. Written data or 
comments concerning the application, EA, or HCP should be submitted to 
the Regional Office. Please reference permit under PRT-809898 in such 
comments.

Regional Permit Coordinator (TE), 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, 6578 Dogwood View 
Parkway, Suite A, Jackson, Mississippi 39213 (telephone 601/965-4900, 
fax 601/965-4340).

FOR FURTHER INFORMATION CONTACT: Mr. Will McDearman at the above 
Jackson, Mississippi, Field Office.

SUPPLEMENTARY INFORMATION: The Alabama beach mouse (ABM), Peromyscus 
polionotus ammobates, is a subspecies of the common oldfield mouse 
Peromyscus polionotus and is restricted to the dune systems of the Gulf 
Coast of Alabama. The known current range of ABM extends from Fort 
Morgan eastward to the western terminus of Alabama Highway 182, 
including the Perdue Unit on the Bon Secour National Wildlife Refuge 
(BSNWR). The sand dune systems inhabited by this species are not 
uniform; several habitat types are distinguishable. The species 
inhabits primary dunes, interdune areas, secondary dunes, and scrub 
dunes. The depth and area of these habitats from the beach inland 
varies. Population surveys indicate that this subspecies is usually 
more abundant in primary dunes that in secondary dunes, and usually 
more abundant in secondary dunes than in scrub dunes. Optimal habitat 
consists of dune systems with all dune types. Though fewer ABM inhabit 
scrub dunes, these high dunes can serve as refugia during devastating 
hurricanes that overwash, flood, and destroy or alter secondary and 
frontal dunes. ABM surveys on the Applicant's property reveal habitat 
occupied by ABM. The Applicant's property contains designated critical 
habitat for the ABM. Construction of the Project may result in the 
death of, or injury to ABM. Habitat alterations due to condominium 
placement and subsequent human habitation of the project may reduce 
available habitat for food, shelter, and reproduction.
    The EA considers the environmental consequences of several 
alternatives. One action proposed is the issuance of the incidental 
take permit based upon submittal of the HCP as proposed. This 
alternative provides for restrictions that include placing no 
structures seaward of the designated ABM critical habitat, 
establishment of several walkover structures across designated critical 
habitat, a prohibition against housing or keeping pet cats, ABM 
competitor control and monitoring measures, scavenger-proof garbage 
containers, restoration of dune systems, the creation of educational 
and information brochures on ABM conservation, and the minimization and 
control of outdoor lighting. Further, the HCP proposes to provide an 
endowment of $60,000 to acquire ABM habitat offsite or otherwise 
perform some other conservation measure for the ABM. The HCP provides a 
funding source for these mitigation measures. Another alternative is 
consideration of a different project design that further minimizes 
permanent loss of ABM habitat. A third alternative is no-action, or 
deny the request for authorization to incidentally take the ABM.

    Dated: January 11, 1996.
Noreen K. Clough,
Regional Director.
[FR Doc. 96-567 Filed 1-18-96; 8:45 am]
BILLING CODE 4310-55-P