[Federal Register Volume 62, Number 189 (Tuesday, September 30, 1997)]
[Notices]
[Pages 51130-51131]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25835]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Availability of an Environmental Assessment and Finding of No 
Significant Impact, and Receipt of an Application for an Incidental 
Take Permit for a Residential Development Proposal called Tidewater 
Condominiums, in the City of Orange Beach, Baldwin County, Alabama

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice.

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    Tidewater Associates, L.L.C. (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.), as amended (Act). The ITP would authorize for a period 
of 30 years the incidental take of an endangered species, the Alabama 
beach mouse, Peromyscus polionotus ammobates (ABM). While surveys did 
not confirm the presence of ABM on the Applicant's 4.3-acre tract, ABM 
have been trapped on land adjacent to the Applicant's in Orange Beach, 
Alabama. It was the Applicant's decision to go forward with the Section 
10 process. The project would be called Tidewater Condominiums and 
consists of 102 residential units. The residential component will 
include a single, 12-story condominium complex with 102 units. 
Associated landscaped grounds and parking areas, recreational 
amenities, and a dune walkover structure would also be constructed. A 
more detailed description of the mitigation and minimization measures 
to address the effects of the Project to the protected species are 
outlined the Applicant's Habitat Conservation Plan (HCP) and 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, as amended (NEPA). 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 ITP application, EA, and HCP should be 
sent to the Service's Regional Office (see ADDRESSES) and should be 
received on or before October 30, 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, Post Office Drawer 1190, Daphne, Alabama 36526. 
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-832539 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. 
Celeste South, Fish and Wildlife Biologist, 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 
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 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

[[Page 51131]]

surveys on the Applicant's property did not reveal habitat occupied by 
ABM; however, the Applicant is seeking compliance with the Act in an 
abundance of caution. The Applicant's property does not 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. One action proposed is the issuance of the ITP based upon 
submittal of the HCP as proposed. This alternative provides for 
restrictions that include conserving almost 75 percent of the Project's 
dune fields (essentially primary and secondary dunes), establishment of 
one walkover structure across primary and secondary dune features, a 
prohibition against housing or keeping pet cats, ABM competitor control 
and monitoring measures, scavenger-proof garbage containers, 
restoration of dune systems, the 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 of $17,773 to acquire ABM habitat offsite or otherwise 
perform some other conservation measure for the ABM. The HCP provides a 
funding source for these mitigation measures, as well as monitoring of 
the HCP, should an ITP be issued by the Service. Another alternative is 
consideration of a different project design that might result in more 
impacts to the ABM and its habitat. A third alternative is no-action, 
or deny the request for authorization to incidentally take the ABM.
    As stated above, the Service has made a preliminary determination 
that the issuance of the ITP is not a major Federal action 
significantly effecting 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:
      Issuance of the ITP will not appreciably reduce the 
likelihood of survival and recovery of the effected species in the 
wild.
      The HCP contains provisions which sufficiently minimize 
and/or mitigate the impacts of issuing the ITP.
      Issuance of the ITP would not have significant effects on 
the human environment in the project area.
      The proposed take is incidental to an otherwise lawful 
activity.
      Adequate funding will be provided to implement the 
measures proposed in the submitted HCP and authorizing ITP.
    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: September 24, 1997.
H. Dale Hall,
Acting Regional Director.
[FR Doc. 97-25835 Filed 9-29-97; 8:45 am]
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