[Federal Register: March 5, 1998 (Volume 63, Number 43)]
[Notices]
[Page 10935-10936]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05mr98-92]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Availability of Amended Environmental Assessment and Receipt of
Application for Amendment to Previously Issued Incidental Take Permit
From Waterside Downs
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice.
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SUMMARY: Waterside Down Development Corporation (Applicant), is seeking
to amend a previously-issued incidental take permit (ITP), PRT-800150,
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.) (Act), as amended. The ITP authorizes for a period of 5 years,
the incidental take of the threatened Florida scrub jay, Aphelocoma
coerulescens in Brevard County, Florida. The originally issued ITP was
to authorize incidental take incidental to construction of a mixed use
development/commercial enterprise on approximately 76.5 acres, known as
Waterside Down-Phase I.
The Applicant proposes to expand the original project, originally
known as Waterside Down-Phase I, by 63.30 acres. Within this additional
acreage, the Applicant proposes to construct as yet an unspecified
number of single family homes, condominium units, and necessary
infrastructure to this to the original ITP, known as Waterside Downs-
Phase II. Waterside Downs-Phase II is located on the barrier island of
Brevard County, adjacent to a Wal-Mart/Albertson strip mall and
Britanny Apartments to the north, S.R. A1A to the east, Holy Name of
Jesus Church and a residential development to the south, and vacant
land scheduled to be Waterside Down-Phase I on the east. Of the 63.3
acres of land within Waterside Downs-Phase II, the Service has
determined that 4.96 acres are considered occupied by the Florida
scrub-jay. The amendment would address this additional amount of impact
to the Florida scrub-jay as a result of adding in Phase II.
The Service also announces the availability of a supplement to the
May 1996, Environmental Assessment (EA), Finding Of No Significant
Impact (FONSI) and an amended Habitat Conservation Plan (HCP) for the
revised level of expected/anticipated incidental take. Copies of the EA
and/or HCP may be obtained by making a request to the Regional Office
(see ADDRESSES). This notice also advises the public that the Service
has made a preliminary determination that re-issuing the ITP with the
requested amendment 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 FONSI is based on information contained in the
EA and amended 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).
DATES: Written comments on the amended application, EA, and amended HCP
should be sent to the Service's Regional Office (see ADDRESSES) and
should be received on or before April 6, 1998.
ADDRESSES: Persons wishing to review the amended 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 at the Jacksonville, Florida,
Field Office, 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.
Comments must be submitted in writing to be processed. Please reference
permit PRT-800150 in such comments, or in requests for the documents
discussed herein. Requests for the documents must be in writing to be
adequately processed.
[[Page 10936]]
FOR FURTHER INFORMATION CONTACT: Mr. Rick G. Gooch, Regional Permit
Coordinator, Atlanta, Georgia (see ADDRESSES above), telephone: 404/
679-7110; or Mr. Jay Herrington at the Jacksonville, Florida, Field
Office (see ADDRESSES above), telephone: 904/232-2580.
SUPPLEMENTARY INFORMATION: The Florida scrub-jay, 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.
Construction of the Project's infrastructure and subsequent
construction of the individual homesites will likely result in death
of, or injury to, Aphelocoma coerulescens incidental to the carrying
out of these otherwise lawful activities. Habitat alteration due to the
expanded placement of permanent infrastructure, homes, and other
attributes of the amended project (now including both Waterside Downs-
Phase I and Waterside Downs-Phase II) will reduce the availability of
feeding, shelter, and nesting habitat.
The supplement to the May 1996, EA considers the environmental
consequences of several alternatives for the amended project. One
action proposed is issuance of the amended ITP based upon submittal of
the revised HCP as proposed. The no action alternative may result in
loss of habitat for Aphelocoma coerulescens and exposure of the
Applicant under Section 9 of the Act. A third alternative is a proposed
Project that is designed with a different mitigation strategy focusing
on management of existing lands surrounding the project area. The
proposed action alternative is issuance of the ITP as requested to be
amended to minimize and mitigate the loss of an additional 4.96 acres
of occupied scrub-jay habitat. This provides for restrictions of
construction activity during the species' nesting season. Further, the
revised HCP and ITP proposes to increase, in relative proportion
compared to the original project, and purchase of additional offsite
habitat for the Florida scrub jay, and the endowment fund for the
offsite acquired habitat.
As stated above, the Service has made a preliminary determination
that the issuance of an amended 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, HCP, and appropriate
amendments. 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 amended ITP would not have significant effects on
the human environment in the project area.
2. The additional proposed take is incidental to an otherwise
lawful activity.
3. The applicant has ensured that adequate additional funding will
be provided to implement the measures proposed in the submitted
revisions to the 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 amended 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 his 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 the amended
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 opinions, in combination with the above findings, will be
used in the final analysis to determine whether or not to issue an
amended ITP.
Dated: February 26, 1998.
H. Dale Hall,
Deputy Regional Director.
[FR Doc. 98-5664 Filed 3-4-98; 8:45 am]
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