[Federal Register Volume 61, Number 133 (Wednesday, July 10, 1996)]
[Notices]
[Pages 36391-36392]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17522]


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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 Residential 
Subdivision, Located near the City of St. Cloud, Osceola County, FL

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice.

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SUMMARY: Mr. Nick Gross, Jr., (Applicant) is seeking an incidental take 
permit (ITP) from the Fish and Wildlife Service (Service), pursuant to 
Section 10(a)(1)(B) of the Endangered Species Act of 1973 (16 U.S.C. 
1531 et seq.), (Act) as amended. The ITP would authorize the one time 
take, through harassment, of two adult bald eagles (Haliaeetus 
leucocephalus) and up to four bald eagle eggs or chicks, in Osceola 
County, Florida for a period 5 years. The proposed taking is incidental 
to construction of a residential housing project called Ashley Reserve 
and Woods At Kings Crest (Project), including the necessary 
infrastructure, on approximately 12 acres. Within the Project area, 
bald eagles constructed a nest during the 1995-1996 nesting season. 
Construction and subsequent occupancy of the Project is anticipated to 
result in nest site abandonment at some time in the future. The Project 
is located just west of Macy Island Road, approximately one-half mile 
south of the intersection of Macy Island Road and State Road 525, 
Section 31, Township 25 South, Range 31 East, Osceola County, Florida. 
Additional information on the Project and the HCP is described further 
in the SUPPLEMENTARY INFORMATION section below.
    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 and/or HCP may be obtained by making 
a request to the Regional Office (see ADDRESSES). This notice also 
advises the public that the Service has made a preliminary 
determination that issuing the ITP 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, (NEPA) 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 of the Act and 
National Environmental Policy Act Regulations (40 CFR 1506.6).

DATES: Written comments on the application, EA and HCP should be sent 
to the Service's Regional Office (see ADDRESSES) and should be received 
on or before August 9, 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, 1875 Century Boulevard, Suite 200, Atlanta, Georgia 30345 
(Attn: Endangered Species Permits), or at the South Florida Ecosystem 
Office, Post Office Box 2676, Vero Beach, Florida 32961-2676. Written 
data or comments concerning the application, EA, or HCP should be 
submitted to the Regional Office. Comments must be submitted in writing 
to be processed. Please reference permit under PRT-816732 in such 
comments, or in requests of the documents discussed herein. Requests 
for the documents must be in writing to be adequately processed.

FOR FURTHER INFORMATION CONTACT: Mr. Rick G. Gooch, Regional Permit 
Coordinator, Atlanta, Georgia (see ADDRESSES above), telephone: 404/
679-7110; or Thomas E. Grahl, Assistant Field Supervisor, South Florida 
Ecosystem Office, (see ADDRESSES above), telephone: 407/562-3909.

SUPPLEMENTARY INFORMATION: Bald eagles are found throughout the United 
States, but are most abundant in the Northwest and Southeast. 
Nationwide, the number of eagles has increased since listed as 
endangered under the Act. Sufficient protection and expanding 
populations resulted in the reclassification of eagles from endangered 
to threatened in 1995. In Florida, eagles have rebounded from a low of 
about 100 nesting pairs in 1973 to 831 nesting pairs in 1995. Eagle 
productivity has also increased over this time period. Fifty-five 
successful nests were documented in 1973, whereas 621 successful nests 
were identified in 1995. Osceola County, Florida, has also experienced 
substantial increases in the number of bald eagles and nests. In 1996, 
130 bald eagle nests were located during surveys in Osceola County, one 
of which was built on the Project site. Construction of the Project's 
infrastructure and subsequent construction of 30 single family homes 
will likely result in abandonment of this nest site and may result in 
the death of eggs or chicks if abandonment occurs after egg laying. The 
take of eagles is considered incidental to the carrying out of the 
Project's otherwise lawful construction activities.
    The EA considers the environmental consequences of three 
alternatives. The no action alternative may result in: (1) Maintenance 
of the Applicant's property in an undeveloped condition, or (2) 
development of the property by the Applicant or future owner without 
protective coverage of an ITP. The latter situation would result in the 
loss of

[[Page 36392]]

buffer area surrounding the bald eagle nest site, exposing the property 
owner to potential Section 9 violation. Alternative 2 would issue an 
ITP and result in construction of 30 houses with mitigation occurring 
on-site, including phased development over a 3- to 4-year period and 
funding for educational materials and bald eagle monitoring. 
Alternative 3 is identical to Alternative 2 except that both on- and 
off-site mitigation would be required. Two other alternatives were 
examined but not forwarded for further evaluation. These include: (1) 
Decreasing the lot sizes within the Project area to provide a greater 
buffer area surrounding the bald eagle nest and (2) construction of the 
30 homes within a 1-year period without phasing of construction.
    As stated above, the Service has made a preliminary determination 
that the issuance of the ITP is not a major Federal action 
significantly affecting the quality of the human environment within the 
meaning of Section 102(2)(C) of NEPA. This preliminary information may 
be revised 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 an ITP would not have significant effects on the 
human environment in the project area.
    2. The proposed take is incidental to an otherwise lawful activity.
    3. The Applicant has ensured that adequate funding will be provided 
to implement the measures proposed in the submitted HCP.
    4. 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 ITP are addressed by other 
regulations and statutes under the jurisdiction of other government 
entities. The validity of the Service's ITP 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.
    The Service will also evaluate whether the issuance of a Section 
10(a)(1)(B) ITP complies with Section 7 of the Act by conducting an 
intra-Service Section 7 consultation. The results of the biological 
opinion, in combination with the above findings, will be used in the 
final analysis to determine whether or not to issue the ITP.

    Dated: July 3, 1996.
Noreen K. Clough,
Regional Director.
[FR Doc. 96-17522 Filed 7-9-96; 8:45 am]
BILLING CODE 4310-55-P