[Federal Register: August 14, 2006 (Volume 71, Number 156)]
[Page 46504-46505]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Fish and Wildlife Service

Receipt of Five Applications for Incidental Take Permits for 
Construction of Five Single-Family Homes in Brevard County, Florida

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice; request for comments.


SUMMARY: We, the Fish and Wildlife Service (Service), announce the 
availability of Habitat Conservation Plans (HCPs)/applications for five 
incidental take permits (ITPs). Maronda Homes, Inc., of Florida 
(Applicant) requests five ITPs, two for a 1-year term and three for a 
10-year term, pursuant to section 10(a)(1)(B) of the Endangered Species 
Act of 1973, as amended (Act). The Applicant anticipates taking about 
1.09 acres combined of Florida scrub-jay (Aphelocoma coerulescens) 
(scrub-jay) foraging and sheltering habitat incidental to lot 
preparation for the construction of five single-family homes and 
supporting infrastructure in Brevard County, Florida (Projects). The 
destruction of 1.09 acres of foraging and sheltering habitat is 
expected to result in the take of three families of scrub-jays. The 
Applicant's HCPs describe the mitigation and minimization measures 
proposed to address the effects of the Projects to the Florida scrub-

DATES: Written comments on the ITP applications and HCPs should be sent 
to the Jacksonville Field Office (see ADDRESSES) and should be received 
on or before September 13, 2006.

ADDRESSES: Persons wishing to review the applications and HCPs may 
obtain a copy by writing the Service's Jacksonville Field Office. 
Please reference permit number TE 132199-0, for Maronda-Emerson, number 
TE 132194-0, for Maronda-Mackay, number TE 132193-0, for Maronda-
Campbell, number TE 132196-0, for Maronda-Algardi, and number TE 
132195-0, for Maronda-Timbruce in such requests. Documents will also be 
available for public inspection by appointment during normal business 
hours at the Jacksonville Field Office, 6620 Southpoint Drive South, 
Suite 310, Jacksonville, Florida 32216-0912.

FOR FURTHER INFORMATION CONTACT: Mr. Michael Jennings, Fish and 
Wildlife Biologist, Jacksonville Field Office, Jacksonville, Florida 
(see ADDRESSES above), telephone: 904/232-2580, ext. 113.

SUPPLEMENTARY INFORMATION: If you wish to comment, you may submit 
comments by any one of several methods. Please reference permit number 
TE 132199-0, for Maronda-Emerson, number TE 132194-0, for Maronda-
Mackay, number TE 132193-0, for Maronda-Campbell, number TE 132196-0, 
for Maronda-Algardi, and number TE 132195-0, for Maronda-Timbruce in 
such requests. You may mail comments to the Service's Jacksonville 
Field Office (see ADDRESSES). You may also comment via the internet to 
michael_jennings@fws.gov. Please 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 the 
telephone number listed above (see FURTHER INFORMATION). Finally, you 
may hand deliver comments to the Service office listed above (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.
    Residential construction for Maronda-Emerson will take place within 
section 05, Township 29 South, Range 37 East, Palm Bay, Brevard County, 
Florida, on lot 02, Block 329. Residential construction for Maronda-
Mackay will

[[Page 46505]]

take place within section 16, Township 29 South, Range 37 East, Palm 
Bay, Brevard County, Florida, on lot 14, Block 751. Residential 
construction for Maronda-Campbell will take place within Section 05, 
Township 29 South, Range 37 East, Palm Bay, Brevard County, Florida, on 
Lot 12, Block 345. Residential construction for Maronda-Algardi will 
take place within section 05, Township 29 South, Range 37 East, Palm 
Bay, Brevard County, Florida, on Lot 02, Block 338. Residential 
construction for Maronda-Timbruce will take place within Section 21, 
Township 29 South, Range 37 East, Palm Bay, Brevard County, Florida, on 
Lot 05, Block 937. Each of these lots are within 438 feet of locations 
where scrub-jays were sighted during surveys for this species from 1999 
to 2003.
    The lots combined encompass about 1.09 acres, and the footprint of 
the homes, infrastructure, and landscaping preclude retention of scrub-
jay habitat on each of the respective lots. In order to minimize take 
on site, the Applicant proposes to complete a nest survey on the 
Emerson, Mackay, Campbell, and Algardi lots prior to clearing or 
construction, should such activities take place within the scrub-jay 
nesting season (March 1-June 30). Should an active nest be found on the 
property, the Applicant will not clear the property or begin 
construction until the completion of the nesting season. The Applicant 
is not proposing to implement any onsite minimization measures for the 
lot on Timbruce.
    In combination, the Applicant proposes to mitigate for the loss of 
1.09 acres of scrub-jay habitat by contributing a total of $18,312 
($3,864 for Maronda-Emerson, $3,864 for Maronda-Mackay, $3,864 for 
Maronda-Campbell, $3,360 for Maronda-Algardi, and $3,360 for Maronda-
Timbruce) to the Florida Scrub-jay Conservation Fund administered by 
The Nature Conservancy. 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 Service has determined that the Applicant's 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 the 
Interior Manual (516 DM 2, Appendix 1 and 516 DM 6, Appendix 1). This 
preliminary information may be revised based on our review of public 
comments that we receive 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 Service will evaluate the HCPs and comments submitted thereon 
to determine whether the applications meet the requirements of section 
10(a) of the Act (16 U.S.C. 1531 et seq.). The Service 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.

    Authority: This notice is provided pursuant to Section 10 of the 
Endangered Species Act and NEPA regulations (40 CFR 1506.6).

    Dated: August 8, 2006.
David L. Hankla,
Field Supervisor, Jacksonville Field Office.
[FR Doc. E6-13276 Filed 8-11-06; 8:45 am]