[Federal Register Volume 62, Number 15 (Thursday, January 23, 1997)]
[Notices]
[Pages 3517-3518]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-1604]


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DEPARTMENT OF THE INTERIOR

Availability of Amended Environmental Assessment and Receipt of 
Application for Amendment To Previously Issued Incidental Take Permit 
From Sage Development Company, LLC, Daphne, AL

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice.

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SUMMARY: Sage Development Company, LLC, (Sage) seeks an amendment to 
their previously issued incidental take permit (ITP), PRT-811416, 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 authorizes for a period of 30 years 
the incidental take of an endangered species, the Alabama beach mouse 
(Peromyscus polionotus ammobates), known to occupy a 25.7-acre tract of 
land owned by Sage on the Fort Morgan Peninsula, Baldwin County, 
Alabama. Sage proposes to expand the original project, known as The 
Dunes, by 9.6 acres to occupy a total project area of 35.3 acres, and 
expand construction to include a total of 4 condominium complexes, 50 
single family/duplex lots, their associated landscaped grounds and 
parking areas, recreational amenities, and dune walkover structures. 
The originally permitted project included 3 condominium complexes, and 
38 single family/duplex lots.
    The Service also announces the availability of a supplement to the 
May 15, 1996, environmental assessment (EA) and an amended habitat 
conservation plan (HCP) for the revised incidental take. 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 re-issuing the ITP 
with the requested amendment 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 amended 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 NEPA regulations (40 CFR 1506.6).

DATES: Written comments on the amended application, EA, and amended HCP 
should be sent to the Service's Regional Office (see ADDRESSES) and 
should be received on or before February 24, 1997.

ADDRESSES: Persons wishing to review the amended 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 Jackson, Mississippi, 
Field Office, 6578 Dogwood View Parkway, Suite A, Jackson, Mississippi 
39213. 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 PRT-811416 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 Mr. Will McDearman at the Jackson, Mississippi, Field 
Office (see ADDRESSES above), telephone: 601/965-4900.

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 than 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. Expansion of the previously-permitted project may 
result in the death of, or injury to, ABM in excess of that previously 
expected. Habitat alterations due to expanded condominium placement and 
subsequent human habitation of the amended project may result in 
further reductions of available habitat for food, shelter, and 
reproduction.
    The supplement to the May 15, 1996, EA considers the environmental 
consequences of several alternatives for the amended project. One 
action proposed is issuance of the amended ITP based upon submittal of 
the revised 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 revised HCP proposes to increase, in 
relative proportion compared to the original project, an endowment to 
acquire ABM habitat off-site or otherwise perform some other 
conservation measure for the ABM. The revised HCP provides additional 
funding for these mitigation measures. Another alternative is 
consideration of different project designs that further minimize 
permanent loss of ABM habitat. A third

[[Page 3518]]

alternative is no-action, or deny either request for authorization to 
incidentally take the ABM.
    As stated above, the Service has made a preliminary determination 
that the issuance of an amended 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, HCP, and appropriate 
amendments. 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 amended ITP would not have significant effects on 
the human environment in the project area.
    2. The additional proposed take is incidental to an otherwise 
lawful activity.
    3. The applicant has ensured that adequate additional funding will 
be provided to implement the measures proposed in the submitted 
revisions to the 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 amended 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 his 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 the amended 
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 opinions, in combination with the above findings, will be 
used in the final analysis to determine whether or not to issue an 
amended ITP.

    Dated: January 15, 1997.
Noreen K. Clough,
Regional Director.
[FR Doc. 97-1604 Filed 1-22-97; 8:45 am]
BILLING CODE 4310-55-P