[Federal Register Volume 61, Number 52 (Friday, March 15, 1996)]
[Notices]
[Pages 10781-10782]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6211]



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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 
Woolbright Joint Venture, Located in the City of Boynton Beach, Palm 
Beach County, Florida

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice.

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SUMMARY: Mr. Howard R. Scharlin, Trustee (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 Palm Beach County, Florida for a period of 5 years. The 
proposed taking is incidental to construction of a mixed commercial and 
residential development called Woolbright Place, including the 
necessary infrastructure, on approximately 98.3 acres (Project). Within 
the Project, 3.2 acres are occupied by Florida scrub jays and will be 
permanently altered. The Project is in the northwest quadrant of the 
intersection of Woolbright Road and Interstate 95, within Section 29, 
Township 45 South, Range 43 East, Palm Beach 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. Requests must be 
submitted in writing to be adequately processed. 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 (FONSI) 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 15, 1996.

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 South Florida Ecosystem Office, Vero Beach, Florida. 
Written data or comments concerning the application, EA, or HCP should 
be submitted to the Regional Office. Please reference permit under PRT-
811902 in such comments.
    Endangered/Threatened Species 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, South Florida 
Ecosystem Office, Post Office Box 2676, Vero Beach, Florida 32961-2676, 
(telephone 407/562-3909, facsimile 407/562-4288).

FOR FURTHER INFORMATION CONTACT: Brian Toland at the South Florida 
Ecosystem Office, Vero Beach, Florida, 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 one family of Florida scrub jay 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

[[Page 10782]]
coerulescens and exposure of the Applicant under Section 9 of the Act. 
A third alternative is the proposed Project that is designed with a 
different mitigation strategy. The proposed action alternative is 
issuance of the incidental take permit. This provides for restrictions 
of construction activity, purchase of offsite habitat for the Florida 
scrub jay, and the establishment of an endowment fund for the offsite 
acquired habitat. The HCP provides a funding mechanism for these 
mitigation measures.
    As stated above, the Service has made a preliminary determination 
that the proposed action, e.g., issuance of 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. This preliminary 
information may be adjusted due to public comment received in response 
to this notice and is based on information contained in the EA and HCP. 
An appropriate excerpt from the FONSI reflecting the Service's finding 
on the application is provided below:
    Based on the analysis conducted by the Service, it has been 
determined that:
    1. Issuance of the incidental take permit will not appreciably 
reduce the likelihood of survival and recovery of the affected species 
in the wild or result in the adverse modification of designated 
critical habitat. This decision is based upon and considers the 
cumulative impacts of past, present and future issuance of incidental 
take permits within the area affected in the permit action.
    2. Issuance of an incidental take permit would not have significant 
effects on the human environment in the project area.
    3. The proposed take is incidental to an otherwise lawful activity.
    4. The Applicant has ensured that adequate funding will be provided 
to implement the measures proposed in the submitted HCP.
    5. Other than impacts to endangered and threatened species as 
outlined in the documentation of this decision, the indirect impacts 
which may result from issuance of the incidental take permit are 
addressed by other regulations and statutes under the jurisdiction of 
other government entities. The validity of the Service's incidental 
take permit is contingent upon the Applicant's compliance with the 
terms of the permit and all other laws and regulations under the 
control of State, local, and other Federal governmental entities.

    Dated: March 8, 1996.
Jerome M. Butler,
Acting Regional Director.
[FR Doc. 96-6211 Filed 3-14-96; 8:45 am]
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