[Federal Register: September 1, 1999 (Volume 64, Number 169)] [Notices] [Page 47856-47857] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr01se99-131] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Availability of an Environmental Assessment, and Receipt of Application for an Incidental Take Permit for a 40.6-Acre Mixed Commercial Development Project, in Volusia County, Florida AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: Home Depot, U.S.A. of Atlanta, Georgia (Applicant), seeks 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 three families 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 five (5) years. The proposed taking is incidental to land clearing activities and commercial development on a 40.6-acre project site (Project). The Project contains about 21.6 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 is provided in the Applicant's Habitat Conservation Plan (HCP) to address the effects of the Project to the protected species and is outlined 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 comment on the appropriateness of the ``No Surprises'' assurances should the Service determine that an ITP will be granted and based upon the submitted HCP. Although not explicitly stated in the HCP, the Service has, since August 1994, announced its intention to honor a ``No Surprises'' Policy for applicants seeking ITPs. Copies of the Service's ``No Surprises'' Policy may be obtained by making a written request to the Regional Office (see ADDRESSES). The Service is soliciting public comments and review of the applicability of the ``No Surprises'' Policy to this application and HCP. 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 October 1, 1999. 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 and comments must be submitted in writing to be processed. Please reference permit number TE016169-0 in such comments, or in requests for the documents discussed herein. FOR FURTHER INFORMATION CONTACT: Mr. David Dell, Regional Permit Coordinator, (see ADDRESSES above), telephone: 404/679-7110; or Mr. Jay B. Herrington, Fish and Wildlife Biologist, Jacksonville Field Office, (see ADDRESSES above), telephone: 904/232-2580, extension 120. SUPPLEMENTARY INFORMATION: The Florida scrub-jay is geographically isolated from other species 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 buildings and infrastructure will likely result in death of, or injury to, Florida scrub-jay 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 Project site also provides habitat suitable for Eastern indigo snakes, although none have been detected there. Due to the secretive nature of this species, and the possibility that snakes could enter the Project from adjacent undeveloped land, the applicant has requested ITP coverage. The EA considers the environmental consequences of three alternatives. The no action alternative may result in loss of habitat for Florida scrub-jay and [[Page 47857]] 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 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 suitable Florida scrub-jay habitat in Volusia County, Florida to be managed into perpetuity. This off-site mitigation would also preserve and manage habitat suitable for Eastern indigo snakes to help ensure survival of this species throughout its range. 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 21.6 acres of scrub habitat occupied by Florida scrub-jays that would be eliminated on site, and to mitigate for the loss of 40.6 acres of potential Eastern indigo snake habitat, the applicant will provide funds to the National Fish and Wildlife Foundation in the amount of $272,160.00 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. Management of mitigation lands in optimum condition for Florida scrub-jays is assumed by the Service to provide habitat of similar benefit for the Eastern indigo snake. 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. 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: August 25, 1999. Cynthia K. Dohner, Acting Regional Director. [FR Doc. 99-22716 Filed 8-31-99; 8:45 am] BILLING CODE 4310-55-P