[Federal Register Volume 62, Number 30 (Thursday, February 13, 1997)] [Notices] [Pages 6794-6796] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-3583] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Availability of an Environmental Assessment and Receipt of an Application Submitted by the Charles Ingram Lumber Company for an Incidental Take Permit for Red-cockaded Woodpeckers in Association With Management Activities on Their Property in Florence County, South Carolina AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The Charles Ingram Lumber Company (Applicant) has applied to the U.S. Fish and Wildlife Service (Service) for an incidental take permit (ITP) pursuant to Section 10(a)(1)(B) of the Endangered Species Act of 1973 (Act), as amended. The proposed permit would authorize the incidental take of a Federally endangered species, the red-cockaded woodpecker, Picoides borealis (RCW), known to occur on property owned by the Applicant in Florence County, South Carolina. The Applicant is requesting an ITP in order to harvest the timber on their property for economic reasons. The Applicant's property, known as Hoods Crossing, is located approximately five miles northwest of Pamplico in Florence County. The tract consists of 753 acres of which 364 acres is in pine plantation aged between 1-15 years, 382 acres in mature timber, and approximately 7 acres in ditches and roads. The proposed permit would authorize incidental take of a single RCW at Hoods Crossing in exchange for mitigation elsewhere as 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 [[Page 6795]] 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 NEPA regulations (40 CFR 1506.6). DATES: Written comments on the permit application, EA, and HCP should be sent to the Service's Regional Office (see ADDRESSES) and should be received on or before March 17, 1997. 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 following Field Offices: Field Supervisor, U.S. Fish and Wildlife Service, P.O. Box 12559, Charleston, South Carolina 29422-2559; Red-cockaded Woodpecker Recovery Coordinator, U.S. Fish and Wildlife Service, College of Forest and Recreational Resources, 261 Lehotsky Hall, Box 341003, Clemson, South Carolina 29634-1003 (telephone 864/656-2432). Written data or comments concerning the application, EA, or HCP should be submitted to the Regional Office. Requests for the documentation must be in writing to be processed. Comments must be submitted in writing to be processed. Please reference permit number PRT-822028 in such comments, or in requests of the documents discussed herein. FOR FURTHER INFORMATION CONTACT: Mr. Rick G. Gooch, Regional Permit Coordinator, (see ADDRESSES above), telephone: 404/679-7110; or Ms. Lori Duncan, Fish and Wildlife Biologist, Charleston Field Office, (see ADDRESSES above), telephone: 803/727-4707 extension 21. SUPPLEMENTARY INFORMATION: The RCW is a territorial, non-migratory cooperative breeding bird species. RCWs live in social units called groups which generally consist of a breeding pair, the current year's offspring, and one or more helpers (normally adult male offspring of the breeding pair from previous years). Groups maintain year-round territories near their roost and nest trees. The RCW is unique among the North American woodpeckers in that it is the only woodpecker that excavates its roost and nest cavities in living pine trees. Each group member has its own cavity, although there may be multiple cavities in a single pine tree. The aggregate of cavity trees is called a cluster. RCWs forage almost exclusively on pine trees and they generally prefer pines greater than 10 inches diameter at breast height. Foraging habitat is contiguous with the cluster. The number of acres required to supply adequate foraging habitat depends on the quantity and quality of the pine stems available. The RCW is endemic to the pine forests of the Southeastern United States and was once widely distributed across 16 States. The species evolved in a mature fire-maintained ecosystem. The RCW has declined primarily due to the conversion of mature pine forests to young pine plantations, agricultural fields, and residential and commercial developments, and to hardwood encroachment in existing pine forests due to fire suppression. The species is still widely distributed (presently occurs in 13 southeastern states), but remaining populations are highly fragmented and isolated. Presently, the largest known populations occur on Federally owned lands such as military installations and national forests. In South Carolina, there are an estimated 1,000 active RCW clusters as of 1992; 53 percent are on Federal lands, 7 percent are on State lands, and 40 percent are on private lands. There has not been a complete inventory of RCWs in South Carolina so it is difficult to precisely assess the species' overall status in the State. However, the known populations on public lands are regularly monitored and generally considered stable. While several new active RCW clusters have been discovered on private lands over the past few years, many previously documented RCW clusters have been lost. It is expected that the RCW population on private lands in South Carolina will continue to decline, especially those from small tracts isolated from other RCW populations. There is only one known RCW cluster at Hoods Crossing. The cluster consists of one active and six inactive cavity trees. A single male RCW is known to occupy the cluster. The nearest known RCW group to Hoods Crossing is approximately 5 miles away on private land in Williamsburg County. The nearest known concentration of RCW groups occurs approximately 40 miles away to the north at Sandhills State Forest in Chesterfield County and to the south approximately 25 miles near Hemingway in Williamsburg County. The Applicant proposes to harvest the timber at Hoods Crossing for economic reasons. The Hoods Crossing property has very limited suitable habitat and is relatively isolated from other RCW populations. Without management, the midstory would continue to encroach and the RCW would most likely abandon the tract. The EA considers the environmental consequences of three alternatives, including the proposed action. The proposed action alternative is issuance of the incidental take permit and implementation of the HCP as submitted by the Applicants. The HCP provides for an off-site mitigation strategy focusing on enhancing four clusters in designated recruitment stands at Cheraw State Park through cavity provisioning. Cheraw State Park is located in a designated recovery population for RCWs. The recruitment sites will be managed and protected. The Applicant, via their consultant, will attempt to translocate the adult male RCW from Hoods Crossing to Poinsett Weapons Range in Sumter County. The HCP provides a funding source for the above-mentioned mitigation measures. 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. [[Page 6796]] On Thursday, January 16, 1997, the Service published a notice in the Federal Register announcing the Final Revised Procedures for implementation of NEPA (NEPA Revisions), (62 FR 2375-2382). The NEPA revisions update the Service's procedures, originally published in 1984, based on changing trends, laws, and consideration of public comments. Most importantly, the NEPA revisions reflect new initiatives and Congressional mandates for the Service, particularly involving new authorities for land acquisition activities, expansion of grant programs and other private land activities, and increased Endangered Species Act permit and recovery activities. The revisions promote cooperating agency arrangements with other Federal agencies; early coordination techniques for streamlining the NEPA process with other Federal agencies, Tribes, the States, and the private sector; and integrating the NEPA process with other environmental laws and executive orders. Section 1.4 of the NEPA Revisions identify actions that may qualify for Categorical Exclusion. Categorical exclusions are classes of actions which do not individually or cumulatively have a significant effect on the human environment. Categorical exclusions are not the equivalent of statutory exemptions. If exceptions to categorical exclusions apply, under 516 DM 2, Appendix 2 of the Departmental Manual, the departmental categorical exclusions cannot be used. Among the types of actions available for a Categorical Exclusion is for a ``low effect'' HCP/incidental take permit application. A ``low effect'' HCP is defined as an application that, individually or cumulatively, has a minor or negligible effect on the species covered in the HCP [Section 1.4(C)(2)]. The Service may consider the Applicant's project and HCP such a Categorical Exclusion, since the project's habitat currently contains only a single RCW. The Service is soliciting for public comments on this determination. The Service is announcing the availability of the EA since the project's environmental documents were finalized shortly after the NEPA Revisions were released. However, the Service may make a final determination that this action is categorically excluded. Dated: February 6, 1997. C. Monty Halcomb, Acting Regional Director. [FR Doc. 97-3583 Filed 2-12-97; 8:45 am] BILLING CODE 4310-55-P