[Federal Register Volume 66, Number 54 (Tuesday, March 20, 2001)]
[Notices]
[Pages 15736-15738]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-6811]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Availability of a Draft Environmental Assessment and Preliminary 
Finding of No Significant Impact, and Receipt of an Application for an 
Incidental Take Permit for Residential Lot Construction and Timber 
Harvest in North Carolina

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice.

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    Crescent Resources, Inc. (Applicant) has requested 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 
Applicant anticipates incidental take of the American bald eagle 
(Haliaeetus leucocephalus) over the next 50 years associated with the 
construction of residential housing and during forest management 
activities. The level of incidental take requested in the ITP 
application is one existing bald eagle nest. This take will be in the 
form of harm and harassment associated with planned construction and 
forest management activities. The incidental take and measures to 
minimize and mitigate this take will occur on approximately 11,700 
acres owned by the Applicant that surround Lake James in Burke and 
McDowell counties, North Carolina.
    To compensate for the likely effects of these actions, the 
Applicant will provide six undeveloped sites, each with a 300-foot 
radius primary buffer zone (i.e., approximately 6.5 acres of land 
each), along the periphery of Lake James for bald eagle habitat 
conservation. Each mitigation site will be protected for the duration 
of the proposed permit and will contain at least one large, prominent 
pine tree that

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is suitable for bald eagle nest construction. In addition, several 
other impact minimization measures will occur including: (1) The 
habitat surrounding each potential nest tree on the six mitigation 
sites will be enhanced, if necessary; (2) two of the six mitigation 
sites will have a basic nesting structure installed to encourage bald 
eagle nest development at those sites; and (3) subdivision ordinances 
will be implemented that will maintain a 65-foot undeveloped setback 
and buffer along the shoreline of Lake James and eliminate cutting of 
trees greater than four inches in diameter. In addition, if, during the 
duration of the HCP, bald eagles construct a nest at a site other than 
one of the six mitigation sites, then the Applicant will protect that 
site instead of one of the previously chosen mitigation sites. A more 
detailed description of the mitigation and minimization measures to 
address the effects of the proposed project on bald eagles is provided 
in the Applicant's Habitat Conservation Plan (HCP), the draft 
Implementing Agreement (IA), the Service's draft Environmental 
Assessment (EA), and in the SUPPLEMENTARY INFORMATION section below.
    This notice advises the public that the Service has opened the 
comment period on the permit application, the draft environmental 
assessment (EA), and the preliminary Finding of No Significant Impact 
(FONSI). The permit application includes the Applicant's habitat 
conservation plan and a draft Implementation Agreement. This notice is 
provided pursuant to section 10(a) of the Act and National 
Environmental Policy Act of 1969 (NEPA) regulations (40 CFR 1506.6) and 
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 NEPA. The FONSI is based on information 
contained in the draft EA, HCP, and other permit documents. The final 
determination on this action will be made no sooner than 30 days from 
the date of this notice.
    The Service specifically requests information, views, and opinions 
from the public via this Notice on this Federal action, including the 
identification of any other aspects of the human environment not 
already identified in the Service's draft EA. Further, the Service 
specifically solicits information regarding the adequacy of the HCP as 
measured against the Service's ITP issuance criteria found in 50 CFR 
parts 13 and 17.
    If you wish to comment, you may submit comments by any one of 
several methods. Please reference permit number TE034491-0 in such 
comments. You may mail comments to the Service's Regional Office (see 
ADDRESSES). You may also comment via the internet to 
``[email protected]''. Please submit comments over the internet as an 
ASCII file avoiding the use of special characters and any form of 
encryption. Please also include your name and return address in your 
internet message. If you do not receive a confirmation from the Service 
that we have received your internet message, contact us directly at 
either telephone number listed below (see FURTHER INFORMATION). 
Finally, you may hand deliver comments to either Service office listed 
below (see ADDRESSES). Our practice is to make comments, including 
names and home addresses of respondents, available for public review 
during regular business hours. Individual respondents may request that 
we withhold their home address from the administrative record. We will 
honor such requests to the extent allowable by law. There may also be 
other circumstances in which we would withhold from the administrative 
record a respondent's identity, as allowable by law. If you wish us to 
withhold your name and address, you must state this prominently at the 
beginning of your comments. We will not, however, consider anonymous 
comments. We will make all submissions from organizations or 
businesses, and from individuals identifying themselves as 
representatives or officials of organizations or businesses, available 
for public inspection in their entirety.

DATES: Written comments on the ITP application, draft EA, draft 
Implementing Agreement, and HCP should be sent to the Service's 
Regional Office (see ADDRESSES) and should be received on or before 
April 19, 2001.

ADDRESSES: Persons wishing to review the application, HCP, draft 
Implementing Agreement, and draft EA may obtain a copy by writing the 
Service's Southeast Regional Office in 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, 160 Zillicoa Street, 
Asheville, North Carolina 28801. Written data or comments concerning 
the application, or HCP should be submitted to the Regional Office. 
Please reference permit number TE034491-0 in requests of the documents 
discussed herein.

FOR FURTHER INFORMATION CONTACT: Mr. Lee Andrews, Regional Permit 
Coordinator (see ADDRESSES above), telephone: 404/679-7217, facsimile: 
404/679-7081; or Mr. Mark Cantrell, Fish and Wildlife Biologist, 
Asheville Field Office, North Carolina (see ADDRESSES above), 
telephone: 828/258-3939, Ext. 227.

SUPPLEMENTARY INFORMATION: The bald eagle is a large, brown North 
American fish eagle that ranges from 27 to 35 inches in length, weighs 
from 7 to 14 pounds, and has a wingspan of up to 7 feet. Adults have a 
pure white head and tail while juveniles have mottled plumage. The 
species can be found throughout much of North America, generally in 
association with mature coniferous forests close to large water bodies 
such as rivers, lakes, estuaries, or coastlines where it feeds 
primarily on fish but may also hunt or scavenge other prey items.
    The bald eagle below the 40th parallel was listed as endangered in 
1967 in response to significant population declines due to habitat 
destruction, nest disturbance, illegal shooting, and food source 
contamination by the pesticide DDT. By the mid 1990s, efforts to reduce 
these threats were successful, and bald eagle populations rebounded to 
the point that bald eagles were reclassified as threatened in July 
1995. The species is currently being considered for delisting under the 
Act.
    By 1962, bald eagle populations in North Carolina had dwindled to 
only one nesting territory. However, their populations have slowly 
increased such that in 1999, 29 bald eagle nesting territories were 
documented, most of which were in the eastern portion of North 
Carolina, and no active nests were known west of Stanly County prior to 
1999. The nest associated with the proposed project on Lake James is 
one of two known nests west of Stanly County, and this nest was 
initiated in February 1999, although successful fledging has not yet 
occurred at the site. No other bald eagle nests are known to occur on 
the Applicant's property or on other property around Lake James, but 
bald eagles have occasionally been observed on Lake James where other 
potential habitat occurs.
    Construction of the Southpointe Subdivision where the bald eagle 
nest is located began in November 1997, and gradual development of the 
Applicant's 11,700 property is expected to occur over the nest 20 
years. Residential lot construction has been restricted to protect the 
existing nest tree and the

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other large trees that immediately surround it such that no trees 
larger than 4 inches in diameter can be cut or otherwise removed. 
Incidental take is expected in the form of harm and harassment from 
noise and movement associated with construction and timber management 
activities during the nesting season. These impacts may disturb eagles 
in the immediate area and/or prevent them from nesting, resulting in 
incidental take through modification of habitat in the vicinity of the 
existing nest or future nests and/or disturbance of nesting bald 
eagles. The strategy that the Applicant will employ to offset the 
impacts of the project to the bald eagle include efforts to avoid or 
minimize take, combined with management to improve bald eagle nesting 
and foraging habitat in selected areas as described in the Applicant's 
HCP.
    Under section 9 of the Act and its implementing regulations, 
``taking'' of endangered and threatened wildlife is prohibited. 
However, the Service, under limited circumstances, may issue permits to 
take such wildlife if the taking is incidental to and not the purpose 
of otherwise lawful activities. The Applicant has prepared an HCP as 
required for the ITP application.
    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 comments received in response to this notice 
and is based on information contained in the draft EA and HCP. 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 and sign 
the Implementing Agreement.

    Dated: March 9, 2001.
H. Dale Hall,
Acting Regional Director.
[FR Doc. 01-6811 Filed 3-19-01; 8:45 am]
BILLING CODE 4310-55-P