[Federal Register Volume 62, Number 241 (Tuesday, December 16, 1997)]
[Notices]
[Pages 65816-65817]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-32719]





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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 Proposed Residential Development Called Heron's Cove, 
Charlotte County, Florida

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice.

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    Heron's Cove, 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 15 
years the incidental take of a threatened species, the Florida scrub-
jay, Aphelocoma coerulescens. The proposed residential development is 
called Heron's Cove and will consist of 16 homes located on about 173 
acres in section 7, Township 40 south, Range 23 East, Charlotte County, 
Florida (Project). Approximately 40 acres of the Project site are 
considered habitat for the Florida scrub-jay. A more detailed 
description of the mitigation and minimization measures to address the 
effects of the Project to the protected species are outlined in the 
Applicant's Habitat Conservation Plan (HCP), the Service's 
Environmental Assessment (EA), and in the Supplementary Information 
section below.
    The Service also announces the availability of an 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 January 15, 1998.

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 U.S. Fish and Wildlife Service, 
1360 U.S. Highway 1, Suite 5, Vero Beach, Florida 32961-2676. 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 adequately considered in the Service's decision-making process. 
Please reference permit number PRT-837313 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 Mr. 
Mike Jennings, Fish and Wildlife Biologist, South Florida Ecosystem 
Office, Vero Beach, Florida (see ADDRESSES above), telephone: 561/562-
3909.

SUPPLEMENTARY INFORMATION: The Florida scrub-jay (FSJ) is 
geographically isolated from other subspecies of scrub jays found in 
Mexico and the Western United States. The FSJ is found 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 FSJ numbers have been reduced by at least half in 
the last 100 years. In Charlotte County alone, it is estimated that as 
of 1992, only 1,793 acres of scrub habitat remained. Many of the 
remaining FSJ now occupy small, isolated patches of habitat and are 
vulnerable to extirpation because of habitat fragmentation, fire 
suppression, increased predation, natural stochastic events, and other 
anthropogenic impacts. Most of the scrub habitat on the Project site is 
also overgrown or was previously altered due to land clearing. The 
Service, through consultation with other experts, believes that FSJ 
will decline, over time, in these type of situations without active 
management of remaining habitat patches.
    Based on existing soils data, much of the FSJ habitat that was once 
widespread along coastal and riverine portions of Lee, Charlotte, and 
Sarasota Counties has been lost or degraded, including xeric habitat 
within the Project area and adjoining lands. Even with the large loss 
of habitat, FSJ using the Project are still considered to be part of a 
larger complex of demographically connected FSJ that occupy xeric 
uplands of southwest Florida. This complex of FSJ families is 
considered one of five remaining areas where relatively large numbers 
of birds remain demographically linked. The continued survival of FSJ 
in southwest Florida may be dependent on the maintenance of suitable 
habitat and the restoration of unsuitable habitat in northern Charlotte 
County, including the Project site and adjoining lands.
    FSJ use of the Project site and adjacent lands has been assessed on 
two occasions. In 1994, banding studies revealed that five scrub-jay 
families containing at least 20 individuals used parts of the Project 
site. However, no single territory was exclusively encompassed within 
the Project site nor were any nests documented within the Project site. 
Nesting surveys conducted in 1997 located five nests on vacant lots in 
the subdivision adjacent to the Project site. The principal value of 
the Project site to FSJ is for foraging and cover.
    Construction of the Project's infrastructure and subsequent 
construction of the individual homesites will likely result in death 
of, or injury to, FSJ incidental to the carrying out of these otherwise 
lawful activities. Habitat alteration associated with the proposed 
residential development will reduce the availability of feeding and 
sheltering habitat.
    The Applicant's HCP and the Service's EA describe the following 
minimization and mitigation strategy to be employed by the Applicant to 
offset the impacts of the Project to the FSJ:
     Micro sighting of access roads, driveways, home 
foundations to avoid or minimize impacts to xeric vegetation.

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     To compensate for the destruction of 18 acres of FSJ 
habitat by preserving, restoring, and managing about 37 acres of xeric 
uplands. Seventeen acres of the proposed mitigation will be implemented 
within the boundaries of the Project.
     The Applicant will conserve an additional 20 acres of FSJ 
habitat, via a perpetual management agreement, within Serene Estates 
(section 20, Township 40 East, Range 24 South, Charlotte County), a 200 
acre parcel of land controlled by the Applicant.
     Within the larger 200 acre parcel owned by the Applicant, 
the Applicant has also agreed to preserve and manage an additional 80 
acres of xeric uplands. Although not intended for the mitigation needs 
of the Project, the Applicant has requested that the 80 acres of 
habitat be available for use as a future private mitigation bank.
     Funding and perpetual management of the on-site conserved 
area encompassing 17 acres and the 20 acre off-site mitigation area 
will be provided via terms and conditions of the ITP and an 
Implementation Agreement (IA), respectively. The IA will be executed 
between the Service and the Applicant, and will outline specific 
funding and management commitments for the on-site and off-site 
mitigation areas for a 99 year period. A copy of the final IA will be 
provided to interested parties upon request.
     Clearing of vegetation and/or construction would not be 
allowed within 150 feet of any active FSJ nest during the nesting 
season, approximately March 1 to June 30 to comply with State law.
    The EA considers the environmental consequences of four 
alternatives. Two alternatives involve a project design of a lesser 
construction footprint (e.g., lesser number of homesites and associated 
infrastructure). The no action alternative may result in loss of 
habitat for FSJ and exposure of the Applicant under Section 9 of the 
Act. The proposed action alternative is issuance of the ITP according 
to the HCP as submitted and described above. Under the proposed 
alternative, the effect of the minimization and mitigation strategy 
will be that the majority of the FSJ habitat on site will be conserved 
for FSJ use, even after the Project is completed. Further, the 
restoration/conservation of the 20 acres of off site FSJ habitat, along 
with the Applicant's commitment to manage an additional 80 acres of FSJ 
habitat, will result in a protected and managed area capable of 
supporting about five families of FSJ under optimal habitat. Though the 
proposed mitigation bank will be used to off-set future impacts to FSJ 
in portions of southwest Florida, the Service believes that the 
protection of an 80 acre block of xeric habitat along with the 20 acres 
needed for mitigating Project impacts will enhance FSJ survival in this 
part of the state.
    Suitable or restorable FSJ habitat also exists on property 
surrounding the Serene Estates mitigation site. Future land acquisition 
by the County, State, or for other mitigation needs may result in 
additional protected lands adjoining the off-site mitigation area. 
Increases in the size of protected and managed FSJ habitat in this area 
will increase the probability of FSJ persistence in northern Charlotte 
County.
    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 affected 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: December 4, 1997.
H. Dale Hall,
Deputy Regional Director.
[FR Doc. 97-32719 Filed 12-15-97; 8:45 am]
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