[Federal Register Volume 61, Number 191 (Tuesday, October 1, 1996)]
[Notices]
[Pages 51299-51300]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25080]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Notice of Receipt of an Application, and Availability of an 
Environmental Assessment and Finding of No Significant Impact for an 
Incidental Take Permit to Fort Morgan Paradise Joint Venture, for 
Construction of a Residential Project on the Fort Morgan Peninsula, 
Alabama

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice.

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SUMMARY: Fort Morgan Paradise Joint Venture, (Applicant), seeks 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 for a period of 30 years the incidental take of an endangered 
species, the Alabama beach mouse (Peromyscus polionotus ammobates), 
known to occupy an 86.3-acre tract of land owned by the Applicant on 
the Fort Morgan Peninsula, Baldwin County, Alabama. The project would 
be called The Beach Club and consists of 753 residential units and 2 
commercial areas. The residential component of the project will include 
four, 16-story condominium complexes with 513 units, and 240 
residential duplexes, triplexes, and quadraplexes. Associated 
landscaped grounds and parking areas, recreational amenities, and dune 
walkover structures would also be constructed.
    The Service also announces the availability of an Environmental 
Assessment (EA) and Habitat Conservation Plan (HCP) for this incidental 
take application. Copies of the EA and/or HCP may be obtained by making 
a request in writing to the Regional Office (see ADDRESSES). This 
notice also advises the public that the Service has made preliminary 
determinations that issuing an ITP to the Applicant 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 Findings 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 October 31, 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 Daphne, Alabama, Field 
Office, 2001 Highway 98, Daphne East Office Plaza, Suite A, Daphne, 
Alabama 36526. 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(s) under 
PRT-819464 in such comments, or in requests for 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 Ms. Celeste South at the Daphne, Alabama, Field Office 
(see ADDRESSES above), telephone: 334/441-5181.

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

[[Page 51300]]

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. 
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 
than in secondary dunes, and usually more abundant in secondary dunes 
than in scrub dunes. Optimal ABM habitat is currently considered 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 properties reveal habitat occupied by 
ABM. The Applicant's properties contain 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 for each project. One action proposed for each project is 
the issuance of the ITP based upon submittal of the HCP as proposed. 
This alternative provides for restrictions that include placing no 
habitable structures seaward of the designated ABM critical habitat, 
establishment of walkover structures across designated critical 
habitat, a prohibition against housing or keeping pet cats, ABM 
competitor control and monitoring measures, scavenger-proof garbage 
containers, 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 to acquire ABM 
habitat off-site or otherwise perform some other conservation measure 
for the ABM. The HCPs provide funding sources for these mitigation 
measures. Another alternative is consideration of different project 
designs that further minimize permanent loss of ABM habitat. A third 
alternative is no-action, or for the Service to deny the request for 
authorization to incidentally take the ABM.
    As stated above, the Service has made a preliminary determination 
that the issuance of this 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 and will result in the FONSI. 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 ITPs are addressed by other 
regulations and statutes under the jurisdiction of other government 
entities. The validity of the Service's ITPs are contingent upon the 
Applicant's compliance with the terms of their permits 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 either 
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 either 
ITP.

    Dated: September 17, 1996.
Jerome M. Butler,
Acting Regional Director.
[FR Doc. 96-25080 Filed 9-30-96; 8:45 am]
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