[Federal Register: March 26, 1998 (Volume 63, Number 58)] [Notices] [Page 14727-14728] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr26mr98-113] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Availability of Environmental Assessment, Preliminary Finding of No Significant Impact and Receipt of Application for a Habitat Conservation Plan/Appplication for Incidental Take Permit for a Project Known as Lantana Ocean Front, Brevard County, FL AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: Mr. Maurice Kodsi, of Lantana Development of Brevard, Inc. (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 federally threatened Florida scrub-jay, Aphelocoma coerulescens, in Brevard County, Florida, for a period of 10 years. The proposed taking would be incidental to construction of a 96-unit condominium called Lantana Ocean Front, a Condominium, also known as the Milford/Martesia Site (Project). The Project will involve the clearing of 4.7 acres of a 10-acre site for the construction of four, four-story buildings, separate garages, a swimming pool with bath house, a dune crossover, and parking. The remaining 5.3 acres of the property, which lies seaward, is below the Indian Harbour Beach Setback Line, and will be preserved. A pair of Florida scrub-jays occupies 2.2 acres of the developable property which will be permanently altered by the proposed construction activity. The project, called Lantana Ocean Front, a Condominium, also known as the Milford/Martesia Site, is located east of and bordering Highway A1A approximately one mile north of State Road 518 (Eau Gallie Causeway), in Section 12, Township 27 South, Range 37 East, in the central beaches area of Indian Harbour, Brevard County, Florida. The Service also announces the availability of an Environmental Assessment (EA) on the submitted application for incidental take/ Habitat Conservation Plan (HCP). 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 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. This Finding of No Significant Impact (FONSI) is based on information contained in the EA and HCP. Further, the Service specifically requests comment on the appropriateness of the ``No Surprises'' assurances contained in this application. ``No Surprises'' means that the applicant will not be required to pay for mitigation beyond that contained in the application at any time in the future, so long as the species are adequately covered and the HCP is properly functioning. The Service will evaluate this application, associated documents, and comments submitted thereon to determine whether the application meets the requirements of NEPA regulations and Section 10(a) of the Act. If it is determined that the requirements are met, an ITP will be issued for the incidental take of the Florida scrub-jay. The final determinations will not be completed until after the end of the 30-day comment period and will fully consider all public comments received during the comment period. This notice is provided pursuant to Section 10(c) of the Act and NEPA regulations (40 CFR 1506.6). DATES: Written comments on the application/HCP, and EA should be sent to the Service's Regional Office (see ADDRESSES) and should be received on or before April 27, 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 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-840501 in such comments, or in requests for the documents discussed herein. Requests [[Page 14728]] for the documents must be in writing to be adequately processed. 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: Aphelocoma coerulescens is geographically isolated from other species of scrub-jays found in Mexico and the Western United States. The Florida scrub-jay 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 the Florida scrub-jay population has been reduced by at least half in the last 100 years. Surveys indicate that one family of Florida scrub-jays inhabits the Project site. Construction of the Project's infrastructure and subsequent construction of the condominium will likely result in the death of, or injury to, Aphelocoma coerulescens incidental to the carrying out of the otherwise lawful activities. Habitat alteration associated with property development will reduce the availability of feeding, shelter, and nesting habitat. The EA considers the consequences of the three alternatives. The first alternative, the proposed action alternative, is issuance of an ITP with the requirement that all lost habitat be mitigated by replacement via acquisition of habitat off of the barrier island. Further, this alternative provides for restrictions of construction activity, purchase of offsite habitat for the Florida scrub-jay, establishment of an endowment fund for managing the offsite acquired habitat, and donation of the additional offsite habitat. The HCP provides a funding mechanism for these mitigation measures. The second alternative is issuance of an ITP with mitigation on the barrier island. Cumulative impacts of historical development has left the remaining scrub habitat extremely fragmented and spatially isolated. Consequently, predation rates have increased and reproductive success has decreased. This alternative discusses the consequences of this mitigation approach to the overall success of achieving effective habitat/species replacement. The no action alternative may result in loss of habitat for Aphelocoma coerulescens and exposure of the applicant to Section 9 of the Act. 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 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 additional 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 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 this ITP. Dated: March 20, 1998. H. Dale Hall, Deputy Regional Director. [FR Doc. 98-7885 Filed 3-25-98; 8:45 am] BILLING CODE 4310-55-P