[Federal Register: August 29, 2005 (Volume 70, Number 166)]
[Notices]
[Page 51086-51088]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29au05-76]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Receipt of Two Applications for Incidental Take Permits for
Construction of Single-Family Homes in Brevard County, FL
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice.
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SUMMARY: Maronda Homes, Inc. of Florida and Duke Construction
Corporation (Applicants) each request 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 Applicants anticipate
taking a combined total of about 0.48 acre of Florida scrub-jay
(Aphelocoma coerulescens) (scrub-jay) foraging, sheltering, and
possibly nesting habitat incidental to lot preparation for the
construction of single-family homes and supporting infrastructure in
Brevard County, Florida (Project). The destruction of 0.48 acre of
foraging, sheltering, and possibly nesting habitat is expected to
result in the take of one family of scrub-jays over requested permit
terms of 10 years (Maronda) and 2 years (Duke).
The Applicants' Habitat Conservation Plans (HCPs) describe the
mitigation and minimization measures proposed to address the effects of
the Projects to the Florida scrub-jay. These measures are outlined in
the SUPPLEMENTARY INFORMATION section below. We have determined that
the Applicants' proposals, including the proposed mitigation and
minimization measures, will individually and cumulatively have a minor
or negligible effect on the species covered in the HCPs. Therefore, the
ITPs are ``low-effect'' projects and qualify as categorical exclusions
under the National Environmental Policy Act (NEPA), as provided by the
Department of Interior Manual (516 DM 2, Appendix 1 and 516 DM 6,
Appendix 1). Copies of the HCPs may be obtained by making a request to
the Regional Office (see ADDRESSES). Requests must be in writing to be
processed. This notice is provided pursuant to Section 10 of the
Endangered Species Act and NEPA regulations (40 CFR 1506.6).
DATES: Written comments on the ITP applications and HCPs should be sent
to the Service's Regional Office (see ADDRESSES) and should be received
on or before September 28, 2005.
ADDRESSES: Persons wishing to review the applications and HCPs may
obtain a copy by writing the Service's Southeast Regional Office,
Atlanta, Georgia. Please reference permit number TE099862-0, for
Maronda Homes and number TE099859-0, for Duke Construction in such
requests. 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.
FOR FURTHER INFORMATION CONTACT: Mr. David Dell, Regional HCP
Coordinator, (see ADDRESSES above), telephone: 404/679-7313, facsimile:
404/679-7081; or Ms. Erin Gawera, General Biologist, Jacksonville Field
Office, Jacksonville, Florida (see ADDRESSES above), telephone: 904/
232-2580, ext. 121.
SUPPLEMENTARY INFORMATION: If you wish to comment, you may submit
[[Page 51087]]
comments by any one of several methods. Please reference permit number
TE099862-0, for Maronda Homes and number TE099859-0, for Duke
Construction in such requests. You may mail comments to the Service's
Regional Office (see ADDRESSES). You may also comment via the Internet
to david_dell@fws.gov. 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 us 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.
The Florida scrub-jay (scrub-jay) is geographically isolated from
other species of scrub-jays found in Mexico and the western United
States. The scrub-jay is found exclusively in peninsular Florida and is
restricted to xeric uplands (predominately in oak-dominated scrub).
Increasing urban and agricultural development have resulted in habitat
loss and fragmentation which has adversely affected the distribution
and numbers of scrub-jays. The total estimated population is between
7,000 and 11,000 individuals.
The decline in the number and distribution of scrub-jays in east
central Florida has been exacerbated by tremendous urban growth in the
past 50 years. Much of the historic commercial and residential
development has occurred on the dry soils which previously supported
scrub-jay habitat. Based on existing soils data, much of the historic
and current scrub-jay habitat of coastal east-central Florida occurs
proximal to the current shoreline and larger river basins. Much of this
area of Florida was settled early because few wetlands restricted urban
and agricultural development. Due to the effects of urban and
agricultural development over the past 100 years, much of the remaining
scrub-jay habitat is now relatively small and isolated. What remains is
largely degraded due to the exclusion of fire which is needed to
maintain xeric uplands in conditions suitable for scrub-jays.
Residential construction for Maronda Homes will take place within
Section 23, Township 23 South, Range 35 East, Port St. Johns, Brevard
County, Florida, on Lot 19, Block 67. Residential construction for Duke
Construction will take place within Section 23, Township 34 South,
Range 23 East, Port St. Johns, Brevard County, Florida, on Lot 15,
Block 43. Each of these lots are within locations where scrub-jays were
sighted during surveys for this species from 1999-2003.
Scrub-jays affected by the issuance of this permit are found on the
extreme western edge of a large area supporting a 16-family cluster of
birds that inhabits urban areas, commercial development, and
undeveloped native habitat in the ``Tico'' and ``Grissom'' territory
cluster just south of Port St. John, Florida. This cluster of scrub-
jays is part of a larger metapopulation complex of scrub-jays that
persists in northern Brevard County. The number of scrub-jay families
in the vicinity of the project site and in the northern Brevard County
metapopulation has declined in recent years. Survey results indicate
that the number of scrub-jay families has declined in the Tico and
Grissom cluster from 72 in the early 1990s to 47 in 2002 (33 percent
decline). Similarly, the number of families of scrub-jays within the
northern Brevard County metapopulation, which includes the Tico and
Grissom territory cluster, has declined from 102 to 67 families (34
percent decline) during this same time period. Both of these observed
rates of decline approximate the four percent per year decline
estimated by recent research findings.
The decline in numbers of scrub-jay families in northern Brevard
County is the cumulative result of habitat destruction, fragmentation,
and degradation. Metapopulation viability analysis suggests that this
metapopulation of scrub-jays has a high quasi-extinction risk if no
further conservation efforts are undertaken to acquire and manage land
for the benefit of scrub-jays. However, with active acquisition and
management of habitat in the metapopulation, the quasi-extinction risk
decreases substantially.
The demographic viability, and thus future biological value, of
scrub-jays within highly urbanized areas (e.g., residential areas,
industrial sites, and other commercial development) is problematic in
most situations but the contribution urban scrub-jays have on
metapopulation dynamics is not certain. Research conducted in central
Florida suggests that juvenile and adult scrub-jays living within urban
areas have low survival rates and that the persistence of scrub-jays in
these environments is largely dependent on immigration from other low-
quality habitat. In this instance, urban scrub-jays may have a negative
impact on the demographic viability of the overall metapopulation since
available breeders are essentially lost to habitats in which mortality
exceeds recruitment. Other research conducted in east-central Florida
suggests that recruitment will exceed mortality if optimal habitat
conditions exist, regardless of whether the habitat is in a pristine or
urban setting. In this case, urban scrub-jays would be as
demographically important as scrub-jays in more pristine habitats.
Regardless of whether the breeding territory is in an urbanized
area or more pristine natural area, the success of a breeding pair is
highly dependent on the quality of habitat within the territory. In
most instances, scrub-jay habitat in urban settings is degraded due to
long-term fire suppression and there is no indication that habitat in
these settings will be managed in the future. Thus, we generally
believe, and existing research supports, that in most urban settings,
scrub-jays occupy less than optimal habitat and are therefore less
demographically viable than birds occupying habitat in areas that are
actively managed. Consequently, scrub-jays living within suburban areas
of Port St. John and urbanized areas of Brevard County appear to be
demographically doomed over the long term and the only potential
biological value these birds currently have is in providing a source of
breeders for other adjacent lands that are actively managed for
conservation purposes. One such site is located approximately two miles
north off of County Road 50 in the southern end of Titusville. The 52
acres of scrub at this site is managed for scrub-jays through Brevard
County's Environmentally Endangered Lands Program (EELS). Future
acquisition is proposed by EELS for areas northwest and south of the
project site, but until these lands are secured and managed, dispersing
scrub-jays from the city may not find suitable habitat.
[[Page 51088]]
The Applicants agree to avoid construction during the nesting
season if active nests are found onsite, but no other on-site
minimization measures are proposed to reduce take of scrub-jays. The
lots combined encompass about 0.48 acre (0.24 acre each) and the
footprint of the homes, infrastructure, and landscaping preclude
retention of scrub-jay habitat. On-site minimization may not be a
biologically viable alternative due to increasing negative demographic
effects caused by urbanization.
Based on the above information, we believe that scrub-jays in the
vicinity of the Applicant's lots, currently have little long-term
demographic value to the metapopulation overall. Consequently, we feel
that the loss of 0.48 acres of habitat is likely to result in only
minor or negligible impacts on the species.
In combination, the Applicants propose to mitigate for the loss of
0.48 acres of scrub-jay habitat by contributing a total of $6,432
($3,216 for Maronda Homes and $3,216 for Duke Construction) to the
Florida Scrub-jay Conservation Fund administered by the National Fish
and Wildlife Foundation. Funds in this account are ear-marked for use
in the conservation and recovery of scrub-jays and may include habitat
acquisition, restoration, and/or management. The $6,432 is sufficient
to acquire and perpetually manage about 0.96 acres of suitable occupied
scrub-jay habitat based on a replacement ratio of two mitigation acres
per one impact acre. The cost is based on previous acquisitions of
mitigation lands in southern Brevard County at an average $5,700 per
acre, plus a $1,000 per acre management endowment necessary to ensure
future management of acquired scrub-jay habitat.
We have determined that the HCPs are low-effect plans that are
categorically excluded from further NEPA analysis, and do not require
the preparation of an EA or EIS. This preliminary information may be
revised due to public comment received in response to this notice. Low-
effect HCPs are those involving: (1) minor or negligible effects on
federally listed or candidate species and their habitats, and (2) minor
or negligible effects on other environmental values or resources. The
Applicants' HCPs qualify for the following reasons:
1. Approval of each of the HCPs would result in minor or negligible
effects on the Florida scrub-jay population as a whole. We do not
anticipate significant direct or cumulative effects to the Florida
scrub-jay population as a result of the construction projects.
2. Approval of each of the HCPs would not have adverse effects on
known unique geographic, historic or cultural sites, or involve unique
or unknown environmental risks.
3. Approval of each of the HCPs would not result in any significant
adverse effects on public health or safety.
4. The projects do not require compliance with Executive Order
11988 (Floodplain Management), Executive Order 11990 (Protection of
Wetlands), or the Fish and Wildlife Coordination Act, nor do they
threaten to violate a Federal, State, local or tribal law or
requirement imposed for the protection of the environment.
5. Approval of the Plans would not establish a precedent for future
action or represent a decision in principle about future actions with
potentially significant environmental effects.
We have determined that issuance of these incidental take permits
qualify as a categorical exclusion under the NEPA, as provided by the
Department of the Interior Manual (516 DM 2, Appendix 1 and 516 DM 6,
Appendix 1). Therefore, no further NEPA documentation will be prepared.
We will evaluate the HCPs and comments submitted thereon to
determine whether the applications meet the requirements of section
10(a) of the Act. If it is determined that those requirements are met,
the ITPs will be issued for the incidental take of the Florida scrub-
jay. We will also evaluate whether issuance of the section 10(a)(1)(B)
ITPs comply with section 7 of the Act by conducting an intra-Service
section 7 consultation. The results of this consultation, in
combination with the above findings, will be used in the final analysis
to determine whether or not to issue the ITPs.
Dated: August 11, 2005.
Cynthia K. Dohner,
Acting Regional Director.
[FR Doc. 05-17077 Filed 8-26-05; 8:45 am]
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