[Federal Register Volume 63, Number 224 (Friday, November 20, 1998)]
[Notices]
[Pages 64518-64519]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-30346]


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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 48-Acre Mixed Residential/Commercial Development 
Project, in Volusia County, Florida

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice.

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SUMMARY: Mortgage Management, L. P. of Chattanooga, Tennessee 
(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 and the threatened Eastern indigo snake, 
Drymarchon corais couperi, in Volusia County, Florida, for a period of 
ten (10) years. The proposed taking is incidental to land clearing 
activities and mixed residential/commercial development on a 48-acre 
project site (Project). The Project contains about 8.2 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 information, views, opinions from 
the public via this Notice, 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 permit application, EA, and HCP should 
be sent to the Service's Regional Office (see ADDRESSES) and should be 
received on or before December 21, 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, 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-TE004632-0 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, facsimile: 
404/679-7081; or Mr. Jay B. Herrington, Fish and Wildlife Biologist, 
Jacksonville Field Office, (see ADDRESSES above), telephone: 904/232-
2580, extension 120.

SUPPLEMENTARY INFORMATION: Aphelocoma 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, commercial construction 
and construction of the individual home sites will likely result in 
death of, or injury to, Aphelocoma 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 Eastern Indigo snake (Drymarchon corais couperi) is the longest 
north American snake, is reclusive, ranges up to 250 acres in the 
summer and down to less than 25 acres in the winter. Historical 
distribution is largely uncertain; however, records reflect 
distribution throughout the Florida peninsula as well as occurrence in 
the panhandle and Georgia. It is known to frequent dry, upland habitats 
with nearby wetlands. Destruction of suitable habitat for agriculture, 
livestock, forestry and development of commercial/residential 
properties as

[[Page 64519]]

well as commercial exploitation (collecting) and ``gassing'' are well 
documented as diminishing the population to a suggested viable presence 
only in the states of Florida and Georgia. The acquisition, 
preservation and management of large tracts of suitable habitat as 
opposed to small, isolated parcels is generally recommended.
    Although not observed on site, the Applicant has requested 
authorization for incidental take of any Eastern Indigo snake occurring 
within the tract. In addition to the normal species specific 
precautionary and educational materials to be provided to on site 
personnel for the Eastern Indigo snake as outlined in the HCP, the 
mitigation strategy as identified above for the Florida scrub jay will 
be applied to offset unavoidable impacts to the Eastern Indigo snake.
    The EA considers the environmental consequences of three 
alternatives. The no action alternative may result in loss of habitat 
for Aphelocoma coerulescens and exposure of the Applicant under Section 
9 of the Act. The on-site preservation alternative would preserve 8.2 
acres of occupied habitat. This option would not require an ITP, 
however, the portion of commercially developable property would be 
reduced from 11 acres to 2.8 acres. In addition, this option would not 
provide any management for the Florida scrub-jay family currently 
located on the property. The third alternative, the off-site mitigation 
alternative, would provide funds to the National Fish and Wildlife 
Foundation Fund for the Conservation of the Florida Scrub-jay to 
procure occupied Florida scrub-jay habitat in Volusia County, Florida 
to be managed into perpetuity. The proposed action alternative is 
issuance of the ITP with off-site mitigation. 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. To mitigate for the up to 8.2 acres of occupied habitat that 
would be eliminated on site the applicant will provide funds to the 
National Fish and Wildlife Foundation in the amount of $103,320.00 to 
be spent for procurement of occupied Florida scrub-jay habitat and 
conservation in Volusia County at a later date. This amount is based on 
mitigation at a ratio of 2:1 (two acres purchased for every one acre 
impacted and land costs of $5,000 per acre), a $1,000 per acre 
management endowment, and an administrative fee of five percent of the 
total cost for management of the National Fish and Wildlife Foundation 
Fund for conservation of the Florida scrub-jay.
    Upon procurement, the mitigation land would first be donated to and 
subsequently managed by a holding company. After initial habitat 
restoration, the property would then be conveyed to Volusia 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. No clearing of scrub vegetation would occur during the nesting 
season of the Florida scrub jay.
    3. 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: November 4, 1998.
Sam D. Hamilton,
Regional Director.
[FR Doc. 98-30346 Filed 11-19-98; 8:45 am]
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