[Federal Register Volume 63, Number 222 (Wednesday, November 18, 1998)]
[Notices]
[Pages 64097-64099]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-30787]



[[Page 64097]]

-----------------------------------------------------------------------

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 Ocean Reef 
Club, Plats 18 and 19, Monroe County, Florida

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice.

-----------------------------------------------------------------------

    Driscoll Properties, Inc. and Driscoll Foundation, Inc. previously 
obtained an incidental take permit (ITP) pursuant to section 
10(a)(1)(B) of the Endangered Species Act of 1973 (U.S.C. 1531 et 
seq.), as amended (Act). The previous ITP authorized the take of the 
endangered Key Largo woodrat (Neotoma floridana smalli), Key Largo 
cotton mouse (Peromyscus gossypinus allapaticola), and Schaus 
swallowtail butterfly (Heraclides aristodemus ponceanus) in association 
with residential construction on 89 lots in Plats 18 and 19 of Ocean 
Reef Club, north Key Largo, Monroe County, Florida. However, the 
original ITP expired on May 31, 1995, and 70 of the 89 lots covered 
under that ITP were not altered. Accordingly, a new ITP is required to 
ensure compliance with the prohibitions of section 9 of the Act while 
residential construction occurs on the remaining undeveloped lots that 
still contain suitable habitat for the species listed above. Review of 
the undeveloped lots by the Fish and Wildlife Service (Service) 
indicated that 49 of the 70 lots still contain suitable habitat for the 
Key Largo woodrat, Key Largo cotton mouse, and Schaus swallowtail 
butterfly.
    Forty-one of the 49 lots for which take of federally listed species 
will occur during construction related activities have been sold by 
Driscoll Properties, Inc. and Driscoll Foundation, Inc. to third 
parties. The Ocean Reef Community Association represents all third 
party lot owners.
    Driscoll Properties, Inc., Driscoll Foundation, Inc., and Ocean 
Reef Community Association (Applicants), seek an ITP from the Service. 
The ITP would authorize for a period of 10 years the incidental take of 
the endangered Key Largo woodrat, Key Largo cotton mouse and Schaus 
swallowtail butterfly. The proposed residential development is called 
Ocean Reef Club, Plats 18 and 19 and will consist of 49 homes located 
on about 20 acres in section 24, Township 59 South, Range 40 East, and 
section 19, Township 59 South, Range 41 East, Monroe County, Florida 
(Project). Clearing of the 49 residential lots will destroy suitable 
habitat for the three species identified above. 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 information, views, opinions from 
the public via this Notice on the Federal action, including the 
identification of any other aspects of the human environment not 
already identified in the Service's EA. Further, the Service is 
specifically soliciting information regarding the adequacy of the HCP 
as measured against the Service's ITP issuance criteria found in 50 CFR 
Parts 13 and 17.

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 December 18, 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 Field Supervisor, Fish and 
Wildlife Service, Post Office Box 2676, 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 TE004859-0 in such comments, or 
in requests of the documents discussed herein.

FOR FURTHER INFORMATION CONTACT: Mr. Rick G. Gooch, Regional HCP 
Coordinator, (see ADDRESSES above), telephone: 404/679-7110, facsimile: 
404/679-7081; 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 Key Largo woodrat and Key Largo cotton 
mouse are subspecies that occur only on Northern Key Largo. They have 
been extirpated from much of the Key Largo due to clearing of tropical 
hardwood hammocks for urban development. The Schaus swallowtail 
butterfly is restricted to extreme Southeast Florida and the upper and 
middle keys. This butterfly is also dependant on tropical hardwood 
hammock vegetation and has been adversely affected by urban growth in 
South Florida and the Florida Keys.
    The Key Largo woodrat represents the southern most subspecies of 
the eastern woodrat (Neotoma floridana). It is restricted to the 
tropical hardwood hammocks of Key Largo. Like the cotton mouse, the 
woodrat has experienced substantial declines in their range due 
principally to urban development on Key Largo. Extant woodrats are now 
found only north of the intersection of U.S. 1 and C.R. 905. More than 
41 percent of the historical habitat of this species has been lost to 
urbanization. Like the cotton mouse, woodrats are vulnerable to habitat 
loss and fragmentation and the indirect affects of urban encroachment 
(e.g., competition with black rats and increased predation from 
domestic animals).
    Key Largo woodrats, like other members of the genus Neotoma, are 
known for their construction of large stick nests. Nests are typically 
built at the base of a tree and are composed of sticks, twigs, and 
other organic matter. Woodrats are territorial in the vicinity of their 
nest sites, but probably interact socially under some form of hierarchy 
with other woodrats. Woodrats appear to attain their greatest densities 
in mature hardwood hammocks, with lower densities found adjacent to 
urban settings.

[[Page 64098]]

    The Key Largo cotton mouse is larger and more reddish in appearance 
than other subspecies in Florida. It is found only on Key Largo in 
relict tropical hardwood hammock vegetation. Historically the Key Largo 
cotton mouse was found throughout Key Largo where tropical hardwood 
hammocks existed but development and the subsequent loss of tropical 
hardwood vegetation resulted in a range reduction of this species. It 
is now found only in North Key Largo, north of the intersection of U.S. 
1 and C.R. 905.
    Little is known about the Key Largo cotton mouse and much is 
inferred from other cotton mice populations in Florida. In general, 
this subspecies is considered a nocturnal tropical hardwood hammock 
dweller that constructs nests in logs, tree hollows and rock crevices. 
Key Largo cotton mice may breed at any time of the year and produce two 
to three litters per year. These cotton mice are omnivorous and are 
believed to rely heavily on the large fruit and berry crop produced by 
tropical hardwood hammock vegetation.
    Key Largo cotton mice are threatened by habitat loss and 
fragmentation as well as the indirect effects of urbanization. As of 
1991, 41.2 percent of all tropical hardwood hammock vegetation had been 
cleared to meet human needs. Residential and commercial development 
also lead to increases in feral or free-roaming domestic animals and 
provide habitat for black rats. Domestic animals and black rats compete 
with or prey upon Key Largo cotton mice.
    The Schaus swallowtail butterfly is a large dark brown and yellow 
butterfly that inhabits tropical hardwood hammocks of extreme South 
Florida. Historically, the Schaus swallowtail butterfly was distributed 
from South Miami to Lower Matecumbe Key. More recently, Schaus 
swallowtail butterflies were known only from undisturbed tropical 
hardwood hammocks from Elliott Key in Biscayne National Park south to 
Northern Key Largo. Reintroductions have recently occurred from 
Southern Dade County to Lower Matecumbe Key. This species was federally 
listed due to habitat destruction, mortality associated with 
application of pesticides for mosquito control, and over-harvesting by 
collectors. These factors acting in combination with high natural 
mortality associated with predation of caterpillars resulted in 
substantial declines in the number and range of this species.
    The Schaus swallowtail butterfly prefers dense, mature tropical 
hardwood hammocks where direct sunlight is filtered or dappled. Adults 
feed on a number of nectar producing plant species endemic to hardwood 
hammocks, but have most often been observed feeding on guava (Psidium 
guajava), cheese shrub (Morinda royoc), and wild coffee (Psychotria 
undata). Adults rarely feed in open areas exposed to direct sunlight. 
The eggs of this species are typically laid on wild lime (Zanthoxylem 
fagara) and torchwood (Amyris elemifera) with caterpillars subsequently 
eating young, tender shoots of these species.
    The Applicant's HCP and the Service's EA describes the following 
minimization and mitigation strategy to be employed by the Applicant to 
offset the impacts of the Project to the Key Largo woodrat, Key Largo 
cotton mouse, and Schaus swallowtail butterfly. Many of the mitigation 
measures identified below were implemented and completed as part of the 
ITP previously issued to Driscoll Properties, Inc. and Driscoll 
Foundation, Inc.:
     Protect and convey through conservation easement 5.94 
acres of tropical hardwood hammock to the Florida Game and Fresh Water 
Fish Commission (completed).
     Construct 10 rock piles within conservation easement to 
provide nesting habitat for woodrats (completed).
     Revegetate scarified portions of conservation easement 
(completed).
     Revegetate five acres of scarified land with tropical 
hardwood hammock vegetation (complete).
     Monitor revegetation success (ongoing).
     Sixty to 80 percent of each lot to not be disturbed 
(ongoing, pursuant to Monroe County ordinance).
     Hand clearing of vegetation from the footprint of 
construction activities and allowing a minimum of 14 days before 
mechanical removal of felled vegetation. This measure minimizes the 
potential for directly killing Key Largo woodrats or Key Largo cotton 
mice (ongoing).
     Deed restrictions to prohibit free ranging domestic 
animals (completed)
    The EA considers the environmental consequences of two 
alternatives. A third alternative, acquisition of lots, was considered 
but not fully evaluated in the EA because ranking of lands suitable for 
acquisition under the State of Florida Conservation and Recreation 
Lands (CARL) acquisition program did not identify these lots (either 
singularly or in combination) as a priority properties. Their small 
size, proximity to adjacent residential areas, high cost, and low 
biological value likely preempted consideration for acquisition.
    The no action alternative may result in the loss of habitat and 
exposure of the Applicants under Section 9 of the Act if lots were 
cleared. If the ITP were not issued and the Applicants did not remove 
vegetation from any of the lots, habitat for the three federally listed 
species would remain intact and probably provide suitable habitat in 
the future. The proposed action alternative is issuance of the ITP 
according to the HCP as submitted and described above. Under the 
proposed alternative, about 19.6 acres of suitable habitat will be 
destroyed during residential development. The effect of the 
minimization and mitigation strategy will be that about 11 acres of 
habitat will be protected or enhanced and another 11 to 15 acres will 
be preserved onsite through vegetation set asides.
    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:
     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.
     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-

[[Page 64099]]

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: November 10, 1998.
H. Dale Hall,
Deputy Regional Director.
[FR Doc. 98-30787 Filed 11-17-98; 8:45 am]
BILLING CODE 4310-55-P