[Federal Register Volume 62, Number 136 (Wednesday, July 16, 1997)]
[Notices]
[Pages 38112-38113]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-18656]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Availability of an Environmental Assessment, Finding of No 
Significant Impact, and Receipt of an Application for an Incidental 
Take Permit for a Project Called Satellite Motel Time-Share, a 
Residential Project, in Brevard County, Florida

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice.

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SUMMARY: Towne Realty Company of Milwaukee, Wisconsin (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 (Act), as amended. The ITP would authorize the take 
of one family of the threatened Florida scrub jay, Aphelocoma 
coerulescens coerulescens and the threatened Eastern indigo snake, 
Drymarchon corais couperi, in Brevard County, Florida, for a period of 
ten (10) years. The proposed taking is incidental to construction and 
redevelopment of approximately 6.7 acres of beachfront property, 
including the replacement of the older Satellite Motel which is 
currently present on the site (Project). The Project contains about 2.3 
acres of occupied Florida scrub jay habitat, and the potential exists 
for the entire Project to provide habitat to the Eastern indigo snake. 
A description of the mitigation and minimization measures outlined the 
Applicant's Habitat Conservation Plan (HCP) to address the effects of 
the Project to the protected species is as described further in the 
Supplementary Information section below.

    The Service also announces the availability of an environmental 
assessment (EA) and 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). Requests must be in writing to be processed. 
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 NEPA regulations (40 CFR 1506.6). The Service specifically 
requests comment on the appropriateness of the ``No Surprises'' 
assurances should the Service determine that an ITP will be granted and 
based upon the submitted HCP. Although not explicitly stated in the 
HCP, the Service has, since August 1994, announced its intention to 
honor a ``No Surprises'' Policy for applicants seeking ITPs. Copies of 
the Service's ``No Surprises'' Policy may be obtained by making a 
written request to the Regional Office (see ADDRESSES). The Service is 
soliciting public comments and review of the applicability of the ``No 
Surprises'' Policy to this application and HCP.

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 August 15, 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 Field Supervisor, U.S. Fish and 
Wildlife Service, 6620 Southpoint Drive, South, Suite 310, 
Jacksonville, Florida 32216-0912. 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-831754 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. 
Dawn Zattau, Fish and Wildlife Biologist, Jacksonville Field Office, 
(see ADDRESSES above), telephone: 904/232-2580, extension 120.

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 jays 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 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, focusing on 
mitigation of the project's impacts on the barrier island of Brevard 
County. The proposed action alternative is issuance of the ITP. The 
affirmative conservation measures outlined in the HCP to be employed to 
offset the anticipated level of incidental take to the protected 
species are the following:
    1. Approximately 4.9 acres of scrub habitat would be purchased and 
preserved within Section 27, Township 29 South, Range 37 East. This 
area has been inspected by the Service and approved as an acceptable 
mitigation site and is located within a ``core'' as identified by the 
draft Brevard County Scrub Conservation and Development Plan. The 4.9-
acre mitigation area would

[[Page 38113]]

first be donated to and subsequently managed by a holding company. 
After initial habitat restoration, the property would then be conveyed 
to Brevard County or other acceptable land conservation program, along 
with a conservation easement, requiring preservation and management for 
Florida scrub-jays (and eastern indigo snakes) into perpetuity.
    2. The Applicant would pay $4,900 into an endowment fund which 
would be used to fund the long-term management of the mitigation site. 
The conservation easement accompanying the land would require Brevard 
County to manage the land for Florida scrub-jays and eastern indigo 
snakes into perpetuity. This provides for restrictions of construction 
activity, purchase of offsite habitat for the Florida scrub jay, the 
establishment of an endowment fund for the offsite acquired habitat, 
and donation of additional offsite habitat.
    3. No clearing of scrub vegetation would occur during the nesting 
season of the Florida scrub jay.
    4. The HCP provides a funding mechanism for these 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.

    Dated: July 9, 1997.
Marvin E. Moriarty,
Acting Regional Director.
[FR Doc. 97-18656 Filed 7-15-97; 8:45 am]
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